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, MONDAY, OCTOBER 11, 2004 No. 130 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, November 16, 2004, at 2 p.m Senate MONDAY, OCTOBER 11, 2004

The Senate met at 10 a.m. and was RECOGNITION OF THE MAJORITY RESERVATION OF LEADER TIME called to order by the President pro LEADER The PRESIDENT pro tempore. Under tempore [Mr. STEVENS]. The PRESIDENT pro tempore. The the previous order, leadership time is majority leader is recognized. reserved. PRAYER The Chaplain, Dr. Barry C. Black, of- f f fered the following prayer: SCHEDULE AMERICAN JOBS CREATION ACT Let us pray. Mr. FRIST. Mr. President, a good Co- OF 2004—CONFERENCE REPORT Majestic and Holy God, we give You lumbus Day to everyone. The PRESIDENT pro tempore. Under honor and praise. We thank You for the We reconvene today for what I expect the previous order, the Senate will re- spiritual awareness that prompted to be the final day of business before sume consideration of the conference statements about Sabbath rest in this adjournment. report to accompany H.R. 4520, which Chamber yesterday. Thank You also Yesterday, we invoked cloture on the the clerk will report. for the love of the sacred that led Sen- conference report to accompany the The assistant legislative clerk read ators and staff to participate in a FSC or JOBS bill. With that vote and as follows: weekend worship service in this build- the subsequent agreement from last Conference report accompanying the bill ing. As You healed people on the Sab- night, we will be able to finish the re- bath long ago, grant that our weekend (H.R. 4520) to amend the Internal Revenue maining items before the close of busi- Code of 1986. work will bring healing to this great ness today. The agreement reached last The PRESIDENT pro tempore. The Nation. night provides for a vote on adoption of Senator from Iowa is recognized. Thank You, finally, for the treasure the FSC conference report at 12 noon. Mr. GRASSLEY. Mr. President, I am of superb staff, the wind beneath the Following that vote, the Senate will glad that Senator FRIST and other Sen- wings of our lawmakers. Bless those vote on the adoption of the Military ators were able to work out the par- unsung heroes and heroines who enable Construction appropriations conference liamentary maneuvering that it takes our leaders to succeed in their work. report and the Homeland Security con- to get us to finality on this JOBS bill. Help these supporters to see that their ference report, along with some other We obviously want to encourage the seemingly secondary role is really a housekeeping matters. creation of jobs and manufacturing in primary one in freedom’s cause. As stated last night, we will conduct America. We want to reduce reasons Today, bless our Senators. Use them a rollcall vote on the FSC bill, and all for outsourcing. This bill deals with all as instruments of Your will. Give them other actions should be completed of those and some others as well. the humility to trust You and obey without the need for further rollcall Throughout this debate, I feel as Your teachings. Give them traveling votes. Therefore, the next vote will be though I was whipsawed in arguments mercies in these dangerous times. We pray in Your Holy Name, Amen. at noon today. That should be the only trotted out by opponents of this bill. vote of the day. They complain about accommodations f We will also continue to work we have made to Members. Some of PLEDGE OF ALLEGIANCE through other legislative items that these accomplishments and accom- The PRESIDENT pro tempore led the can be cleared by unanimous consent. modations have even helped folks in Pledge of Allegiance, as follows: Again, I thank all Members who were States of the critics. Then they com- I pledge allegiance to the Flag of the here yesterday as well as Saturday al- plain about what is not in this bill that United States of America, and to the Repub- lowing us to invoke cloture on the con- should have been included in this bill. lic for which it stands, one nation under God, ference report so that we are now on a First of all, I don’t know how many indivisible, with liberty and justice for all. glide path to finishing our work today. times I have to say this, but I think it

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

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VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.000 S11PT1 S11192 CONGRESSIONAL RECORD — SENATE October 11, 2004 needs to be continually said. This bill Let me define ‘‘Member items.’’ Con- ance bill that becomes a vehicle for is revenue neutral. Yes, we decrease stituents of one State came to their every member to bring up any bill they taxes for partnerships, family-owned Senator and said: This part of the Tax want to bring up. businesses, and corporations that are Code is wrong, it is hurtful; or they So we saved the Senate from going involved in manufacturing, reducing said: We think the Tax Code ought to through that exercise. That is what that from 35 to 32 percent. Obviously, be changed this way. Maybe they do committees are about. We consider that brings in less revenue, but that not come to me. Maybe they do not go these issues—not always in committee; does not mean the deficit of the United to the other 99 Senators; they go to 1 sometimes they are discussed when the States is going to be increased. We pay Senator. That Senator is a representa- bill comes to the Senate floor. Most of for it by raising revenue from busi- tive of his people. It is his responsi- the time we give them a thorough nesses, by closing corporate tax loop- bility to bring that issue to the Senate. study in the Senate Finance Com- holes, and we collect that new revenue He does not have to. He can say: I don’t mittee. Sometimes we reject them and coming in to small businesses, espe- agree with you, I will not do that. If he sometimes we include them. If we do cially to any size business that manu- feels his constituents are justified in not include them, maybe when they factures—large or small. what they are requesting, then the come to the Senate Chamber, that Sen- This bill is basically about manufac- matter is brought to the committee ator is irritated with the chairman of turing jobs. That is where the revenue that has jurisdiction. That is the Sen- the Senate Finance Committee and in this bill goes. ate Finance Committee, which I chair. they add it on the Senate floor. They There are those who talk about this Somehow there is something negative always end up in one bill. bill as somewhat of a giveaway to busi- or derogatory about a Member bringing Somehow that makes all of our jour- ness. You have some businesses not forth an item for all to consider. If we nalists concerned, those who seem to paying taxes because they are abusing think that Member is crazy, we do not not have an understanding of how the the Tax Code through corporate loop- have to do it. If we think there is some Senate works, pointing out that this hole abuse, and they pay more money. justification to what that Member bill is full of a lot of little things in it Then you have the socially good provi- brings before the Senate, we ought to that are unrelated to the underlying sions such as encouraging manufac- bill. That is true, but that is how the turing in the United States to create consider that. That is how our rep- resentative system of government Senate works. jobs in the United States. I don’t think The House of Representatives does people are correct in saying this is a works. Literally dozens of tax changes were not work that way. They put a bill to- giveaway to business because it bal- adopted in committee or in the Cham- gether, they adopt a rule, and there is ances out within the business sector of ber. Before the conference, Senator never an amendment. I shouldn’t say our country—some paying more and BAUCUS and I received letters from vir- never, but very seldom is a Member al- some not paying more. Because we are lowed to offer an amendment to a Ways taxing them more, they are paying tually every Member of the Senate. In and Means bill on the floor of the more because they can’t cheat any- some cases those letters asked for House. That is why the House of Rep- more. We are giving some benefits from items from the Senate to be retained. resentatives is like the House of Lords. that same revenue to create jobs in the In other cases those letters asked for That is why the Senate is like a House United States. the Senate to accept items from the Those who call this a giveaway for House bill, and in still other cases of Representatives. We allow the peo- business need to put on their reading Members wrote asking for items that ple of this country to bring anything glasses and take a look at revenue ta- were not in either bill. Finally, some they want to the floor of the Senate. bles produced by the nonpartisan Joint Members asked us to not accept cer- Another item is suspension of section Committee on Taxation. These people tain provisions not in either bill. 815, a life insurance company taxation aren’t Republican or Democrat. They I have a stack of letters with me. issue. That was brought to us by Sen- are professionals who decide how many These letters are not all the letters, of ator SPECTER. It is in the bill. changes are in the Tax Code, where course. There is no sense carrying a New York City revitalization tax revenue comes from. These tables show pile of letters out here. But Members benefits directly related to the attack that this bill is revenue neutral; that representing the interests of their of September 11, 2001, and the rebuild- financial reductions are paid for in new State bring these issues for our consid- ing of New York was brought to us by revenue coming in from the closing of eration. Senators SCHUMER and CLINTON—most corporate loophole abuse. I will go to the first category and fol- of that, but not all of it, is in the bill. For those who are talking about this low up items from the Senate bill. Brownfields, unrelated business in- bill being a giveaway for business, I National care scholarships for come tax relief—Senators LAUTENBERG, want them to stop using that argu- nurses—Senator MURRAY and CANT- REED, JEFFORDS, STABENOW, SPECTER, ment. One statement was made last WELL asked for that. It is in the bill. SARBANES DOLE, AKAKA, CHAFEE, night that was egregiously in error. Sickle cell disease and Medicaid, con- INHOFE—is in the bill. The use of green One of the hard-line opponents of this sideration of sickle cell disease, which bonds for economic development in cer- bill claimed that the tobacco buyout is not covered by Medicaid—Senators tain areas is something I was not for, was paid for by the taxpayers. TALENT, SCHUMER, CAMPBELL, DAYTON, but it is in the bill to satisfy Senators I don’t support the tobacco buyout COCHRAN, BOND, SPECTER, MIKULSKI, ALLARD, SCHUMER, MILLER, CLINTON, but realize it was necessary to get this CANTWELL, LANDRIEU, STABENOW, KEN- and CHAMBLISS. bill through the other body. I insisted NEDY, SARBANES, VOINOVICH, LAUTEN- We have IRS private debt collection. on one of the Senate’s positions in the BERG, MURKOWSKI. It is in the bill. Senator ALLEN was pushing this. That tobacco buyout, and that position is Some are going to say that Members’ is something I very definitely favor be- that tobacco companies pay for this provision brought to us under the lead- cause this is one way of getting the pri- buyout. Opponents need to read this ership of Senator TALENT should not be vate sector bringing in money from bill and the revenue tables. If they considered by this body, and I will ex- people who are tax cheats and are not bother to do so they will see the plain why this is all in one bill. People paying their taxes. buyout is paid for not by the taxpayers watching might think if you have a Tribal government bonds—Senator of America but by the companies that sickle cell disease issue come before CAMPBELL, very active in the Senate produce tobacco. the Senate, maybe it ought to come up Committee on Indian Affairs—was also Now, let’s put in context the as a separate issue. On the next item a matter of importance to Senator mischaracterization of this bill as up is a life insurance taxation issue; BAUCUS and others, but it is not in the somewhat of a special interest bill. In maybe it ought to come as a separate bill despite being raised in conference. part, the bill receives such widespread bill. Why doesn’t it? Because under the Comprehensive energy tax relief support because many Member items rules of the Senate every little bill package—Senator HUTCHISON—is not in were accommodated. Literally dozens that comes out here could be amended the bill despite being raised in con- of tax benefits were adopted in com- by anything that is in the Tax Code. ference because the House of Rep- mittee and on the floor. Eventually you have a little life insur- resentatives took the position that

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.003 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11193 there shouldn’t be anything on energy cient home appliances. The House re- was not in either bill. Chairman THOM- in this bill because they think energy jected another amendment dealing AS and I kept provisions that were out- items need to be put together in a bill with elderly housing connected to the side the scope of the bill out of the con- that ought to be dealt with separately, Warrior Hotel in Sioux City, IA. ference entirely. No matter what the next session. Quite frankly, the House As the list above shows, a lot of merits of that proposal were, we played of Representatives passed a comprehen- Members of this body are satisfied be- fair by Senator MCCAIN and Senator sive energy bill last fall, and we were cause their items are in here; other REED of Rhode Island. two votes short in the Senate because Members are not satisfied. But that is The final category of requests dealt of a Democrat filibuster against the not an unusual situation when you with the opposite of the MCCAIN and bill. They say that instead of doing the reach compromise. It also shows that REED of Rhode Island request; that is, energy provisions in this bill before us for all of the unfair carping about this we had requests for items to be in- now, the Senate ought to take up the bill being a special interest bill, nearly bill that we obviously have a majority every Member raised narrow-interest cluded that were not in either bill. I for—but because of a Democrat fili- provisions. So if there is some fault will give you a couple of sympathetic buster we are two votes short—and do about different provisions coming up, examples: a liberalization of tax-ex- the energy stuff there, not in bill be- we all share that. We all do it. There is empt rules as applied to charitable hos- fore the Senate. an old saying. It is: People who live in pitals. Senator AKAKA raised this issue. So I cannot blame the House of Rep- glass houses should not throw stones. Unfortunately, this provision was out- resentatives because they worked hard We have a group of Members throwing side of scope. to get an energy bill passed, and it stones at this JOBS bill. A lot of them Another example is penalty-free comes over here and you get a Demo- are living in glass houses. withdrawals from IRAs for hurricane crat filibuster. I will continue the discussion of victims. Right now, if you are hit by By the way, those two votes could be Member items. We had the State sales four hurricanes in Florida, who is supplied by Senator KERRY and Sen- tax deduction. Senators CANTWELL and going to argue with Senator NELSON of ator EDWARDS because now they think HUTCHISON wrote Senator BAUCUS and Florida bringing that to our con- we ought to have a national energy me asking us to include the House ference? He asked us to raise this item. policy, and they did not vote last No- sales tax deduction provision in the It was not in either the House or Sen- vember. If they come in here before we conference agreement. We also received ate bill. It would have been an entirely go home and cast the 59th and 60th letters from delegations of other States new item that we could have put in in vote, we would have the comprehensive where the State tax base is a sales tax conference. However, there was no way energy policy, not just little slivers of base. The House sales tax deduction is to address the proposal without then it that we get in a bill here and a bill in this bill because we decided for our opening the door for a lot of other there, but we would have a very com- Senators from several States that it items that were not in either bill that prehensive energy policy. They would ought to be included. somebody would want included at the be fulfilling what they are saying out We had timber tax relief provisions: last minute. there on the campaign trail we need to Senators CHAMBLISS, PRYOR, CANT- get done: have a national energy pol- WELL, SESSIONS, SHELBY, COCHRAN, COL- So at this point, Mr. President, I ask icy. We have 58 votes for it. We need a LINS, CRAPO, CRAIG, COLEMAN, GRAHAM unanimous consent that these letters 59th and 60th vote, and they could be of South Carolina, WYDEN, CORNYN, be printed in the RECORD. that. But at least I am telling you why LUGAR, and MURRAY. There being no objection, the mate- we do not have the energy provisions in As many of these Senators know, the rial was ordered to be printed in the timber industry has been hard hit by here that a Republican Senator, Sen- RECORD, as follows: the tax on our exports going to Europe. ator HUTCHISON, wanted. SEPTEMBER 21, 2004. We have a request from Senators By the way, when this bill passes, those Hon. CHARLES GRASSLEY, CRAPO, BINGAMAN, VOINOVICH, BIDEN, taxes go away. The industry is finally Chairman, Finance Committee, U.S. Senate, PRYOR, TALENT, ENZI, CHAFEE, CARPER, recovering from a long recession. Tim- Hart Senate Office Building, Washington, CLINTON, ALLARD, BOND, COLEMAN, ber mills are reopening. Mill workers DC. SUNUNU, BENNETT, CHAMBLISS, are returning to the mills. The House Hon. MAX BAUCUS, HUTCHISON, HAGEL, NELSON of Florida, timber provisions are in this bill. Ranking Member, Finance Committee, U.S. Sen- ate, Hart Senate Office Building, Wash- DAYTON, DOLE, REED of Rhode Island, Charitable whaling activities. Sen- ington, DC. DODD, KENNEDY, and LEVIN for mort- ator MURKOWSKI wrote, asking us to ac- gage revenue bonds liberalization. It is cept the House provision that allows a DEAR FINANCE CHAIRMAN GRASSLEY AND not in the bill, but it was raised in con- deduction for charitable whaling ac- RANKING MEMBER BAUCUS: We write to re- spectfully request that you include as part of ference. tivities. Now, some will criticize this the FSC/ETI (S. 1637) conference report the provision, but it is important to the We have heard a lot about Senator sickle cell amendment that would help treat LANDRIEU’s Guard and Ready Reserve Natives of Alaska. Senator MURKOWSKI and expand services for patients with the amendment. That was raised by Sen- is looking out for the Natives of Alas- sickle cell blood disorder. Sickle cell disease ators LANDRIEU, BOND, PRYOR, MURRAY, ka. She ought to be applauded for affects approximately 70,000 Americans and DODD, AKAKA, CANTWELL, DORGAN, bringing that to our attention. This is more than 2,500,000 Americans, mostly Afri- SCHUMER, MIKULSKI, NELSON of Florida, in the bill. But it has also passed the can-Americans, have the sickle cell trait. LAUTENBERG, JOHNSON, FEINGOLD, Senate several times. There is still no comprehensive cure. LEAHY, DAYTON, LEVIN, SARBANES, Senator BAUCUS and I received let- We are among the 49 Senate cosponsors of WYDEN, and DURBIN. We discussed that ters from Members asking us to take the bipartisan, bicameral legislation that is provision a lot, and like the three Senate provisions out of the conference the basis for this amendment (S. 874/H.R. items above, this item was raised at agreement. One example is Senator 1736) and strongly support its enactment into conference and rejected by the other STABENOW’s letter regarding a revenue law. Passage of this amendment in the Sen- body. raiser involving donations of cars. As ate was great news for the tens of thousands Mr. President, the letters I have you heard yesterday, Senator HATCH of Americans who suffer from this disease, which affects 1 in 300 African-American cited reflect items Members raised. On shares Senator STABENOW’s concerns. newborns. The disease causes normally some items we were able to reach The conferees retained the Senate rev- round blood cells to take on a sickle shape agreement with the House, other items enue raiser. that clog the bloodstream. These obstruc- the House of Representatives rejected. There is another category of letters tions result in severe medical complications Let me point out that I offered three that we received. An example is a let- including strokes in infants and limit the av- amendments that I filed. I won one and ter from Senator MCCAIN and Senator erage lifespan to 45 years of age. lost two. The House accepted an REED of Rhode Island. In that letter In summary, this legislation is a disease amendment I put in for rural letter they asked me to keep out a provision management bill that allows states to com- carriers. The House rejected an amend- dealing with the church tax exemption bine Medicaid-reimbursed services to target ment I had dealing with energy-effi- and political activities. The provision sickle cell disease, and authorizes a small

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Health Resources and Services Administra- U.S. SENATE, U.S. SENATE, tion grant for research, treatment and com- Washington, DC, September 30, 2004. Washington, DC, October 1, 2004. munity outreach through qualifying commu- Hon. CHARLES E. GRASSLEY, Hon. CHARLES E. GRASSLEY, nity health centers. This bill does not ex- Chairman, Committee on Finance, Chairman, Committee on Finance, pand Medicaid eligibility or change the fed- U.S. Senate. U.S. Senate. Hon. MAX BAUCUS, Hon. MAX BAUCUS, eral Medicaid matching formula and has a Ranking Member, Committee on Finance, Ranking Member, Committee on Finance, very small cost to the federal government. U.S. Senate. U.S. Senate. This legislation has received exceptional Hon. BILL THOMAS, Hon. BILL THOMAS, support from nationally prominent chil- Chairman, Committee on Ways and Means, Chairman, Committee on Ways and Means, dren’s, health, African-American, church and House of Representatives. House of Representatives. union groups including the National Associa- Hon. CHARLES RANGEL, Hon. CHARLES E. RANGEL, tion of Children’s Hospitals, the American Ranking Member, Committee on Ways and Ranking Member, Committee on Ways and Means, Means, Medical Association, the NAACP, and the House of Representatives. House of Representatives. Catholic Health Association of America. DEAR CHAIRMEN AND RANKING MEMBERS: DEAR CHAIRMEN AND RANKING MEMBERS: I We are hopeful that you will include the The Senate-passed version of JOBS bill, S. have been made aware that my colleague, sickle cell amendment as part of the FSC/ 1637, contains an important provision that Sen. Graham, submitted an amendment deal- ETI (S. 1637) conference report to help tens will give a well-deserved tax cut to employ- ing with hurricane relief to the corporate tax bill currently before your conference com- of thousands of Americans lead longer, ers who continue to pay the salaries of their employees who have been called to active mittee. healthier and more productive lives. Specifically, this amendment, which mir- duty in Iraq and Afghanistan. As you con- Sincerely, rors legislation Sen. Graham and I intro- vene the conference committee on this im- Jim Talent, Chuck Schumer, Ben duced in response to the recent wave of hur- portant legislation, we want to encourage Nighthorse Campbell, Thad Cochran, ricanes that have ravaged Florida, would you to retain this provision in the final con- Arlen Specter, Maria Cantwell, Debbie allow victims of disasters to withdraw funds ference bill. Stabenow, Ted Kennedy, George V. from retirement accounts without incurring Voinovich, Norm Coleman, Mark Day- Over 410,000 members of the National proscribed penalties. ton, Kit Bond, Barbara A. Mikulski, Guard and Reserve have been activated to I respectfully request you support Sen. May L. Landrieu, Jon Corzine, Paul defend our Nation since September 11, 2001. Graham’s provision. I understand that this Sarbanes, Frank R. Lautenburg, Lisa They have done so with valor and honor, but amendment may go beyond the scope of the Murkowski, Sam Brownback, Peter G. the frequent and lengthy activations have conference, however I would argue that had Fitzgerald, Mike DeWine, Lindsey exposed problems on the home front. The the spate of hurricanes happened prior to Graham, Barbara Boxer, Elizabeth Government Accountability Office reports Senate-consideration of the tax bill, a simi- Dole, Lincoln Chafee, George Allen. that forty-one percent of our Guard and Re- lar provision would have been included in the serve personnel take pay cuts from their ci- tax bill. vilian jobs when they put on their uniforms. As you know, along with much of the U.S. SENATE, While a husband or wife is deployed overseas, Southeast, Florida has withstood a barrage Washington, DC, September 30, 2004. spouses back home face difficulties in mak- of hurricanes resulting in billions of dollars Chairman CHARLES GRASSLEY, ing ends meet because active duty pay- in damage. Providing citizens of disaster Hart Senate Office Building, checks are often far less than those received areas with the means to access funds that Washington, DC. in the civilian world. This causes our troops otherwise would carry a substantial penalty DEAR CHAIRMAN GRASSLEY: As you con- to divert their attention from the mission to can play an important role in alleviating tinue your work on the FSC/ETI bill con- worrying whether or not their spouses can their financial hardships. With the conference working through var- ference, I would like to ask your support for afford the mortgage, auto repairs, or child care. ious amendments to the corporate tax bill, I a Native Alaska subsistence whaling tax de- would implore you to give serious consider- duction. This legislation may be brought up Many employers have helped to ease this burden by making up the ‘‘pay-gap’’ between ation to this provision, and to providing as an amendment by Chairman Thomas in the civilian and military pay of their active Americans who have seen so much devasta- conference. duty employees, something that they are not tion access to the funds they need to repair For your interest, I have enclosed a letter required to do. However, the economic down- damage to their property and their lives. from the Inupiat community in Barrow, turn has made it difficult for most employers Sincerely, BILL NELSON. Alaska. I believe they give a good summary to make up the pay-gap. Additionally, as we on the merits of this legislation. Thank you continue to rely on the Guard and Reserve Mr. GRASSLEY. Mr. President, I for your attention to this matter. for future deployments, those employers who have spent a little time going through Sincerely, currently make up the pay-gap may no a sample of the many items that Mem- LISA MURKOWSKI, longer be able to provide payments to em- bers weighed in with at the conference. U.S. Senator. ployees frequently missing from work for This is a small sample of those items months and years. raised. Many others were brought to The provision in S. 1637 gives employers a U.S. SENATE, the attention of Senator BAUCUS and 50 percent tax credit on the salaries they pay Washington, DC, September 30, 2004. to employees during activations up to $30,000 this Senator through letters or oral Hon. CHARLES E. GRASSLEY, of salary. This tax credit will encourage communications. It is safe to say, Sen- Chairman, Committee on Finance, those employers already providing for their ator BAUCUS and I can relate to what U.S. Senate. employees to continue this patriotic re- Senator BYRD and Chairman STEVENS DEAR CHUCK: As we move closer to consid- sponse. In addition, the provision also gives go through on the appropriations bills. eration of the conference report on the JOBS small businesses a $6,000 tax credit for hiring My point is, those who want to dis- bill, I write to reiterate my request that you a worker to replace an active duty employee. tort this bill by describing it as a spe- retain the Senate two-year suspension of In- Small manufacturers would receive a credit cial interest bill are ignoring a couple ternal Revenue Code Section 815. of up to $10,000 to help find a replacement. things. One, they are ignoring—perhaps We urge the Conference to retain the Re- I wrote to you on July 19, 2004, concerning conveniently, perhaps deliberately— serve and Guard employer tax credits in the their own efforts to advance their in- this matter and its importance to several of final JOBS Act. Our troops are putting ev- my Pennsylvania constituents. It would erything on the line overseas. Their employ- terests. Secondly, as I have said before, allow stockholder-owned life insurance com- ers are helping them at home. These patri- this bill is paid for by raising revenue, panies to eliminate the surtax based on otic employers deserve this tax relief. Thank largely by closing abusive corporate earned income between 21 and 46 years ago you for your consideration. tax loopholes. that otherwise would be triggered upon rea- Sincerely, Let the record be clear that this bill sonable corporate restructuring. As I had Mary L. Landrieu, Mark Pryor, Chris is fair, this bill is balanced. It is a bal- stated, three of my constituent companies Dodd, Daniel K. Akaka, Byron L. Dor- anced effort at resolving four objec- would have large potential liability under gan, Barbara A. Mikulski, Frank R. tives. One objective is ending the Euro- Lautenberg, Kit Bond, Patty Murray, Section 815. pean tax on our exports going to Eu- Jon Corzine, Maria Cantwell, Charles Thank you very much for your consider- Schumer, Bill Nelson, Tim Johnson, rope that are legal and legitimate, ation of this request. Russ Feingold, Mark Dayton, Paul Sar- even though I disagree that it should Sincerely, banes, Dick Durbin, Patrick Leahy, have been done. I disagree with that ARLEN SPECTER. Carl Levin, Ron Wyden. decision. The United States lost a

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.001 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11195 World Trade Organization decision that I yield the floor. FSC/ETI CONFERENCE REPORT our previous tax laws were violating The PRESIDING OFFICER (Ms. MUR- That gets me to the business at hand. the agreements that Congress had KOWSKI). The Senator from California. I want to start off by thanking Senator made with Europe, Congress made, be- CHRISTOPHER REEVE MARY LANDRIEU of Louisiana for her cause we passed these trade agree- Mrs. BOXER. Madam President, I impassioned defense of our National ments as law. send my deepest condolences to the Guard and Reserve. Like her, I am If anybody thinks, well, it is wrong family of Christopher Reeve, one of the shocked and dismayed that the House for Europe to levy a tax against us, we bravest Americans, who fought so hard conferees on the FSC bill before us won a case against Europe on beef be- to prove that even with the most hor- stripped out an important provision to cause they don’t let our beef into Eu- rific injuries, one could still be in- give tax relief for those employers who rope because we use hormones in the volved in community life, and who continue to pay their reservist employ- development of our beef, in the feed the dedicated himself to raising awareness ees after they are called up for Active cattle eat or that they are injected for stem-cell research, for the hope and Duty and deployed. with, and Europe does not like that. the dream of so many of our people Four in 10 members of the Guard and But they are violating our right to who suffer every day, that they may Reserves suffer a pay cut when they send beef to Europe because they don’t have a cure in their lifetime. are called up for Active Duty. In other have a scientific basis for doing it. Christopher Reeve was Superman in words, the pay they receive when acti- That is what the World Trade Organi- the movies, but that was make-believe. vated is not as much as the salary they zation said. But they still don’t take He was Superman in real life. receive in the private sector. As a re- our beef. So we put a tax on products My heart goes out to everyone who sult of this pay gap, their families suf- coming from Europe to the United knew him and to the disabled commu- fer. Car payments are missed, medical States to retaliate the same way they nity who counted on him. It is such a insurance lapses, childcare is are retaliating for the reasons behind tragedy to lose him. unaffordable. Our Guard and reservists are sent to the front lines with the bur- this bill. EXPRESSIONS OF THANKS This bill ends that European tax be- Madam President, I have a number of den of knowing their families back cause we are conforming our tax laws people to thank. home will struggle to make ends meet. I could not say anything that could to the international trading agree- On Friday night, the Senate passed match the eloquence of Senator ments Congress passed 10 years ago. We the Veterans’ Benefits Improvements LANDRIEU and, of course, her chart that are also going beyond doing away with Act and included my bill to designate she gave me to hold up again. This an impediment to our exports so that the memorial being built at Riverside says, ‘‘What should $434 million pay we lose jobs here in America because of Veterans Cemetery as the National for? One year of the Landrieu amend- that tax. We are putting a replacement POW–MIA Memorial. Congressman benefit to manufacturers in the United ment on Guard and Reserve tax credit, CALVERT authored the House bill. or $44 million for ceiling fans?’’ States so jobs will be created here by I am so proud the Senate acted first lowering the corporate rate from 35 to I think the answer is clear to most on this bill. I have been to the ceme- Americans. As a result of Senator 32. tery. I have seen a model of the memo- No. 3, we are providing international LANDRIEU’s eloquence, now America rial. This is going to be the veterans tax reforms that will aid domestic knows what happened in the back cemetery, national POW memorial. It manufacturers so we can compete in rooms, when the only thing missing is going to draw people from all across the global marketplace. was the cigar smoke—but maybe that And lastly, we achieve these policy the country. So many of our people was there as well when these bills were ends in a revenue-neutral way through were at one time POWs. The numbers written. the curtailment of abusive corporate are staggering. And, of course, there Why is this so critical? Senator tax shelters and abusive corporate are some who we don’t know what hap- LANDRIEU explained it. Part of Senator loopholes by closing them. pened to. They deserve this kind of me- LANDRIEU’s amendment involves a bill I hope everybody agrees this bill is a morial. that I wrote where we reimburse State well-balanced bill, accomplishing a I thank Senators SPECTER and and local governments who do the goal we should have accomplished a GRAHAM for helping me with this bill. same thing. In other words, if a city in year and a half ago, at least no later Second, last night the Senate passed New York State suffers the loss of a po- than March when these European taxes a House bill by Representative GEORGE liceman because he is called up and re- started on our products. I apologize to MILLER—I introduced the Senate com- activated because he is in the Reserves, any Americans who have been laid off panion piece—to adjust the boundaries many cities across our great land are because our products are not competi- of the John Muir National Historic paying that differential to the Reserv- tive in Europe because of that tax and Site in Martinez, CA. We are glad ists or the National Guardsmen. I will why it takes Congress so long to wake about this because it is going to bring tell you, it is hurting those entities up, particularly when there are Mem- some improvements to this area. I very much to do this. I am very sad bers of Congress always complaining thank Senators DOMENICI and BINGA- that part of the bill was dropped. And about outsourcing. MAN for that. what we were able to get, with the help We started on this bill in March. It Also last night something very spe- of Senator LANDRIEU, was a sense of took us 15 days, over a period of 3 cial occurred here for the people of the Senate that the conferees should, months, to get this bill through the California and the people of this Na- in fact, take a look at this, and the Senate. And then we were a long period tion. The Senate passed the California President ought to consider taking of time before the minority party missions bill to help preserve the his- care of these governments and the cost agreed we could go to conference. But toric missions in the State of Cali- of this payment to the Reservists and once we got to conference, thanks to fornia. It has been a long, hard road. the Guard in his next budget. the good cooperative working relation- These missions are so important to the I am very glad we were able to do ship between Senator BAUCUS and me history of the West. These missions that. I thank Senator DASCHLE, who for the Senate and between Mr. BAUCUS were built in the 1700s, and they are phoned me late last night; Senator and me and Congressman THOMAS, crumbling. We had to struggle to get GRASSLEY, who was very helpful in chairman of the House Ways and Means the Senate into committee to pass the writing that; of course, my staff, who Committee, we have this bill. bill, and they did it. worked hard with Senator LANDRIEU’s But for those laid-off workers, I am I thank Senators DOMENICI, BINGA- staff to come to a solution; Senator embarrassed this bill couldn’t have MAN, FEINSTEIN, and SMITH. I thank HARRY REID, who is such a workhorse been passed a long time ago and that Judge William Clark, Stephen Hearst, around here, who helped make it hap- we ran up against all of the impedi- Rick Ameil, Dr. Knox Mellon for every- pen. ments. Why? Because certain Members thing they did. It is a very important I have to hope that this President, of this body don’t want a Republican day for us in California for these mis- who is sending our Guard there every President signing a jobs bill a few days sions and for California history and day, sending our Reserves, and extend- before the election. American history. ing their time there, would feel a little

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.008 S11PT1 S11196 CONGRESSIONAL RECORD — SENATE October 11, 2004 compassion—compassionate conserv- City of Fremont, CA, City of Fresno, CA, WEST VIRGINIA ative—for these reservists and these City of Glendale, CA, City of Hercules, CA, State Government. guardsmen who are suffering a cut in City of Los Angeles, CA, Los Angeles Coun- WYOMING ty, City of Longbeach, CA, City of Sac- pay to put themselves in harm’s way. State Government. ramento, CA, City of San Diego, CA, City of As we all know, well over a thousand San Diego Police Department, CA, City of Mrs. BOXER. I see the Senator from are dead—not just guardsmen and re- San Francisco, CA, San Francisco County, Oklahoma here. His State pays for servists, but other military personnel CA, City of Santa Barbara, CA, City of Rose- Guard and Reserve when they are as well. ville, CA. called up, as do the others included in I am confident that if we have a CONNECTICUT the list. President KERRY, he will be eager to State Government, City of Glastonbury, I say thank you to all of these States work with us to solve this problem be- CT, City of New Britain, CT. and cities for stepping up to the plate. cause he knows war firsthand. He DELAWARE You deserve the support of the Senate. knows the worst thing you can do to State Government. You deserve to have legislation passed someone who has a family back home FLORIDA and not just a sense of the Senate, is to put on top of their worry about State Government, Broward County School which I am happy we did, but I am not whether they are going to make it Board, FLA, City of Jacksonville Sheriff’s naive about these things; I have been through the war without a serious in- Office, FLA, Miami-Dade County, FLA. here too long to know it is kiss-off to jury, or perhaps not make it through at GEORGIA get a sense of the Senate. But at least all—put on top of that the fear that DeKalb County School System, GA. we got there. What happened was this their families are going to be driven ILLINOIS provision that passed the Senate was into poverty. Forty percent of the State Government, City of Chicago, Illi- knocked out in conference while troops now in Iraq are members of the nois, Cook County, Illinois. goodies were given all around. Guard and Reserve. IOWA I want to make a point about this Last year when I visited Walter Reed bill. There are some good things in this State Government. Army Medical Center to visit our bill. I wrote one of the main provisions, KENTUCKY wounded troops, I came across one along with Senator ENSIGN, called the young soldier who was severely wound- State Government. Invest In the USA Act. Some people ed. During the course of the conversa- LOUISIANA don’t understand it. It says we give a tion, he told me that from the time he Caddo Parish Schools, LA. break to countries who have their was wounded, every aspect of his care, MAINE funds abroad, and if they bring them treatment, and transportation was car- State Government. home and put people to work with ried out by members of the Reserves. MARYLAND them, they get a tax break in the next This soldier told me he had the highest State Government, Howard County, MD. 12 months. This is a stimulus and job respect for the capabilities of our MASSACHUSETTS creation. Economists, Democrats and Guard and Reserve, and he was eter- State Government. Republicans, say it is going to be very nally grateful for their profes- MICHIGAN effective. sionalism. State Government. Senator LINCOLN and I worked on It is important to speak out and say runaway production. That is impor- MINNESOTA we are in support of our troops. But in tant. Of course, the underlying premise State Government. those closed-door meetings they are of a tax cut to encourage manufac- handing out tax breaks to people who NEVADA turing is very important. We eliminate import ceiling fans. It seems to me the State Government, City of Las Vegas, NV. the preferential tax treatment of eth- first thing the conferees should have NEW HAMPSHIRE anol. That is important. We partially done is ensure that the Landrieu provi- State Government. close the SUV loophole. I compliment sion and Boxer provision were kept in. NEW JERSEY Senator NICKLES for that. I think we Senator LANDRIEU is on the floor of the State Government. can do more, but he stepped up to the Senate and, again, I thank her for her NEW YORK plate on that. The thing with the leadership. We all look forward to the State Government, New York City Police $100,000 loophole was ridiculous. I am day when our guards and reservists can Department, Nassau County Police Depart- happy we have gone back to the origi- return home, be reunited with their ment, City of Wallkill, NY, County of West- nal loophole of $25,000, which is still families, and have their jobs back and chester, NY. too much, but it is a big improvement. make sure their families are whole. NORTH CAROLINA I also thank Senator SNOWE for her I ask unanimous consent to have State Government, City of Charlotte, NC. tax fairness for naval shipbuilders, printed in the RECORD a list of the OHIO which is important. What is bad in the States that are paying this money to State Government, City of Dayton, OH, bill is the tobacco cave-in, where the these reservists and are getting noth- City of Toledo, OH, Franklin County Police FDA doesn’t get the authority to regu- ing from us, when the Federal Govern- Department, OH, City of Kettering, OH. late this tobacco, and there is a bail- ment is taking these people out—this OKLAHOMA out. I don’t have a problem with the President—and activating the Guard State Government. bailout with farmers, but this was an and Reserves, putting them in harm’s PENNSYLVANIA opportunity to save our children. way and not reimbursing State and State Government. The overtime regulation from Sen- local government. ator HARKIN is stripped from the bill. It RHODE ISLAND There being no objection, the mate- is going to hurt our people badly when State Government. rial was ordered to be printed in the they no longer get overtime. RECORD, as follows: SOUTH CAROLINA Outsourcing—the provision by Senator EXAMPLES OF STATE, COUNTY AND LOCAL GOV- State Government. DODD—passed 70–26. You would think ERNMENTS COVERING THE PAY GAP OF RE- TENNESSEE we could have fought for that, but it is SERVISTS State Government, Davidson County, out. And, of course, the reservists tax ALABAMA Tenn., City of Nashville, Tenn. credit that we talked about. There also State Government. TEXAS was a tax credit for farmers for water ARIZONA State Government, City of Austin, TX, conservation that I strongly supported. City of Phoenix Police Department, Ari- City of Grapevine, TX. It was stripped from the bill. zona. VIRGINIA The film industry was treated very ARKANSAS State Government, City of Bedford, VA, badly in this bill. State Government. County of Henrico, VA, County of Prince We are killing the goose that lays the CALIFORNIA William, VA. golden egg because the film business is State Government, City of Chula Vista, WASHINGTON a terrific export business and they get CA, Dos Palos Oro Loma School District, CA, City of Redmond, Washington. treated very badly.

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.011 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11197 So we had a chance to have a great is that there would have been a ter- If we cannot find $2 billion of $137 bil- bill. Instead, we have a bill that has rorist attack on 9/11. What we were not lion in tax cuts to give to the men and some good provisions but also has some able to tell them 10 years ago was that women who are taking 100 percent of horrific provisions in it. It is a terrible we would make a decision to reduce the risk, 100 percent of the bullets, way to legislate, but the Landrieu- our Active Forces, thereby putting a what are we doing here? That was the Boxer provision that was stripped out greater burden on them. point we made. The point was heard which dealt with our reservists and our They signed up under a different par- loudly and clearly. National Guard, all I can say to Sen- adigm. Yet year after year some of us So with the help of many colleagues, ator LANDRIEU is that a picture speaks have come to this floor—not just this we have corrected the error. We have a thousand words. Her poster showing week, not just last year, but year after sent an amendment, in large measure the choices that this Republican Con- year. I have been here 8 years. There is whole. Senator BOXER is correct that a gress made is something that I hope not a year that I can think of that I portion that she and I thought was the American people are watching be- have not mentioned this—maybe the very important, which was to help pub- cause this is unforgivable. I am going first year I was here, but most cer- lic entities that keep those paychecks to fight with my friend from Louisiana tainly once I got on the Armed Serv- whole as the Guard and Reserve go to until we fix this problem. ices Committee and it became apparent the front line and lose 41 percent of I yield the floor. to me and many others of the major their income, according to the GAO The PRESIDING OFFICER. The Sen- shifts that we were making, and have study—that was given to us not last ator from Louisiana. argued, sometimes successfully and week, not a month ago, this study was Ms. LANDRIEU. Madam President, sometimes not successfully, not be- given to us 3 years ago. We knew 3 under the agreement last night I have cause I do not think our arguments are years ago that our Guard and Reserve up to 30 minutes to speak, and I will be clear and compelling but because they take a 41-percent pay cut. The soldiers happy to yield additional time to Sen- seem to fall on deaf ears, that the do not mind the pay cut. They are eat- ator BOXER at a later time because I Guard and Reserve need help. ing rations. They are living in tents. most certainly want to support her I wish I could spend the time reading They are sleeping on the ground. This some of the hundreds, thousands of e- comments and to thank her for her is not—well, it is about the soldiers, mails that I have received since this great support of this amendment. but it is more about the families they filibuster started. The filibuster is no Without Senator BOXER and many leave behind, about the children with- longer in place because basically the other Senators, the victory that we out health care, about the wives who amendment we asked for has been have achieved this morning would not have to take two jobs, about the gaso- agreed to. It is going to be put in an- have been possible. line that has to be put in the car, the other bill. That is how this whole thing Senator BOXER knows, because she car notes that have to be paid. started, was to say that I know that it represents the largest State in our If we can find a tax bill and work on was impossible for us to amend $137 bil- Union, that 90,000 guardsmen and re- it for 2 years, which we did—2 years of lion. We could not procedurally amend servists reside in California. Today, as work went into this bill. I am not on this bill. The only thing we could have she and I are on this floor speaking on the Finance Committee, but I have a done would have been to vote against it their behalf, 7,900 are currently on duty great member in Senator BREAUX. I or send it to the President and ask him from California, having left their know how hard he works, and I know to veto it because the Guard and Re- how he supported this amendment as homes from Bakersfield—the home of serve were left out. Both of those strat- Chairman THOMAS, or the center of his well. I have Congressman JIM MCCRERY egies were probably not going to hap- and Congressman JEFFERSON who district—to San Francisco to Los An- pen. So I said that I would accept that, geles, from Louisiana, from Oklahoma, worked very hard. The Louisiana inter- and I would stay here until Thursday ests are well represented in this as well and from Texas. Thousands of Guard or Friday, until I had to, with others and Reserve men and women have left as in many other important bills. But helping me, to make sure we could find what I objected to was that the Guard their families, left their children, left another vehicle that would be appro- their place of employment and gone to and Reserve amendment that would priate to put this amendment on as have given a tax credit to the thou- the front lines. much intact as we could, and that is We decide where the front line is and sands of businesses in this country that what happened. are doing the patriotic thing, the right we send them. Wherever we say to go, There are a lot of Senators to thank, they go, and they have gone in large thing, the good thing, and they are get- and I think I will spend a moment ting commended by our President and numbers. thanking the Senators before I go into I have spent the last few days speak- us, we could not provide them a 50-per- more detail. First, I will just finish cent tax cut to keep this paycheck ing about this because it is of such this one thought and then I will thank critical importance for us in the Sen- whole for those on the front line. the Senators. Mrs. BOXER. Will my friend yield for ate and for the Congress to understand I was explaining how the paradigms a very brief moment and I will be fin- that we are asking more and more of changed and we are relying more and ished. our Guard and Reserve. This was not more on our Guard and Reserve. So Ms. LANDRIEU. Yes. always the case. It was not that way in when this bill began to be put together Mrs. BOXER. I wonder if my friend World War I and World War II. It was 2 years ago, some of us knew that this would place in the RECORD a number of not that way in the 1950s, 1960s, 1970s, bill was going to start out at about $50 letters—I didn’t have a chance to do it or 1980s, but it is this way today. billion. But we also knew that it would before—from various cities in Cali- From 1990 to 2004, we have called up grow because any time there is a tax fornia, also from the International As- 690,500 Guard and Reserve members. bill before this Congress, lots of things sociation of Firefighters. Will my The Guard and Reserve now make up 40 get attached. NASCAR racing got at- friend do that? percent of our whole force. We have 1.6 tached; ceiling fans are in here; rail- Ms. LANDRIEU. Yes. million active members of all of our road reimbursements for maintenance Mrs. BOXER. I wonder if my friend services, and we have 1.2 million men of tracks is in here. I do not have a would mind if I could read one letter, and women in the Guard and Reserve. complaint about one of those items. which will take about 60 seconds. Many of these men and women, as That is not why we filibustered the Ms. LANDRIEU. No. my colleagues know because I have bill. Mrs. BOXER. This is one of the typ- said it—and I am sure my colleagues What we complained about is the ical letters from the City of Sac- are now aware of this, that when many only item that was put in the Finance ramento: of our reservists signed up, they ex- Committee and sent out of the Senate DEAR SENATOR BOXER: On behalf of the pected to make a sacrifice. They knew with 100 percent of us supporting it— City of Sacramento, I am pleased to offer our that one weekend a month they would support for S. 1845, which would assist local all of the Republicans and all of the governments that continue to pay employees go on duty, and they knew that in Democrats supported it—was stripped who are deployed to active duty. times of crisis they would be sent. out by the House Republican leader- Last year, eight of our permanent employ- What we did not tell them 10 years ago ship. ees were activated to service in Iraq. We are

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.013 S11PT1 S11198 CONGRESSIONAL RECORD — SENATE October 11, 2004 proud of these employees and support them Last year, five of our 946 permanent em- member who is activated for more than 30 by making up the difference between mili- ployees were activated to service in Iraq. We days. tary and civilian pay. We also pay the City are proud of these employees and support We have several employees who have been contribution for their families to continue them by making up the difference between called to active duty since September 11, their health benefits. military and civilian pay. We also pay the 2001. We are supplementing their military The cost to the City of Sacramento was ap- City contribution for their families to con- pay with City funds during their deployment proximately $73,000 last year. With the cur- tinue their health benefits. because we strongly believe that serving rent budget crisis affecting California cities, The cost to our City was approximately your country should not become a financial S. 1845 is needed to ensure that cities like $105,000 last year. With the current budget hardship. We have already spent more than ours do not shoulder this financial burden crisis hitting California cites, S. 1845 is need- $120,000 to supplement the salaries of our ac- alone. ed to ensure that cities like ours do not tive duty employees and more than $30,000 on If we can provide any further information shoulder this financial burden alone. their health benefits. With the significant or support as your office moves this legisla- If we can provide any further information budget problems we are facing this year, we tion, please contact Aaron Chong, Law and or support as you move this legislation, greatly appreciate any assistance the federal Legislation Coordination, at (916) 808–6762. please contact Ellen Powell, Legislative An- government can provide us. Thank you for your support of our brave men alyst, at (916) 774–5219. Thank you for your Thank you for introducing this important and women and their families. support for our brave men and women and legislation. This is a specific letter that wraps it their families. Sincerely, up just the way the Senator has, in a Sincerely, GUS MORRISON, F.C. ROCKHOLM, Mayor. very simple, straightforward way. But Mayor. I do appreciate the Senator putting INTERNATIONAL ASSOCIATION these letters in the RECORD and being CITY OF SANTA BARBARA, OF FIRE FIGHTERS, able to stand shoulder to shoulder with OFFICE OF THE MAYOR, Washington, DC, April 24, 2003. the Senator until we fix this problem. Santa Barbara, CA, January 27, 2004. Hon. TOM LANTOS, I thank the Senator. Re Service to Country Reimbursement Act— House of Representatives, Ms. LANDRIEU. Mr. President, I ask S. 1845. Washington, DC. DEAR CONGRESSMAN LANTOS: On behalf of Hon. BARBARA BOXER, unanimous consent to have those let- the 260,000 professional firefighters and emer- Senate Hart Office Building, ters printed in the RECORD. gency medical services personnel who are Washington, DC. There being no objection, the mate- members of the International Association of DEAR SENATOR BOXER. On behalf of the rial was ordered to be printed in the Fire Fighters (IAFF), I am pleased to offer Council of the City of Santa Barbara, we ECORD our enthusiastic support for H.R. 1345, a bill R , as follows: unanimously support the Service to Country to support our citizen soldiers. CITY OF CHULA VISTA, Reimbursement Act. We also want to express As you are aware, many fire fighters serve OFFICE OF THE CITY COUNCIL, our sincere appreciation for your leadership in either the National Guard or Reserves. As Chula Vista, CA, March 3, 2004. in sponsoring this bill. a result of our nation’s multi-front war Re notice to support S. 1845 (Boxer): Service Since October 2001 the City has voluntarily against terrorism, many of these brave men to Country Reimbursement Act. provided approximately $250,000 in salaries, and women of the IAFF have been called up benefits and retirement fund contributions Hon. BARBARA BOXER, to active duty. Senate Hart Office Building, for City employees who have been called to While some conscientious jurisdictions Washington, DC. active military duty. While we remain com- have voluntarily agreed to make up the dif- DEAR SENATOR BOXER: The Chula Vista mitted to this policy, we do not have unlim- ference between military pay and fire fighter City Council, in keeping with the guidelines ited resources. The City has not yet recov- pay, too many have not. H.R. 1345 would ad- established in the City’s Legislative Pro- ered from the revenue losses due to the eco- dress this issue by helping local governments gram, has taken unanimous action to sup- nomic recession and September 2001 terrorist with the burden of making up the difference port S. 1845 (Boxer), as introduced November attack. In addition we have incurred signifi- in the lost wage. We applaud your efforts to 11, 2003. This proposal would require the Fed- cant increased costs to provide higher levels ensure that those serving abroad will have eral government to reimburse state and local of police security and emergency prepared- the comfort of knowing that their families governments for the salary costs of our em- ness. will not face financial hardships. ployees who serve in the military reserves This situation in combination with the Please contact me if the IAFF can be of ad- and have been called to active duty. loss of revenue (incurred and projected) due ditional service. Under existing law, the City of Chula Vista to the California state budget crisis places us Sincerely, pays the salaries of our reservist employees in a very untenable position. Although S. BARRY KASINITZ, for the first 30 days of their active duty as- 1845, if enacted, will not resolve all of these Governmental Affairs Director. signment. Beyond those first 30 days, the issues, it will provide resources to fund a City pays the employees the difference be- major portion of our potential future costs STATE OF NEW HAMPSHIRE, tween their military pay and their normal for continuing support for our employees, OFFICE OF THE GOVERNOR, civilian salary. In addition, we incur the cost and their families, who are activated for Concord, NH, June 19, 2003. of hiring supplementary personnel to carry military service. Senator JOHN SUNUNU, out the responsibilities of the reservists who We encourage you to make enactment of Manchester, NH. have been called away. this bill a high priority and ask that you call DEAR SENATOR SUNUNU: I am writing to ex- Chula Vista has already incurred costs in on us for support and advocacy with others press my support for House Resolution 1345 excess of $500,000 during the current military as the bill progresses through hearings. which provides incentives to State and Local actions in Iraq and Afghanistan. Passage of Thank you again for taking the initiative to governments, as well as private employers, S. 1845 would be a tremendous benefit to sponsor this bill. who reimburse their employees who are local government agencies throughout the Sincerely, called to active military duty for the dif- Nation. On behalf of our city, I am pleased to MARTY BLUM, ference between their civilian pay and their offer Chula Vista’s strong support for your Mayor. military pay. I feel strongly that the men bill, and look forward to its successful pas- and women who are called to active military sage. CITY OF FREMONT, duty should not be penalized financially for Sincerely, OFFICE OF THE MAYOR, serving our country. When I was chief execu- STEPHEN C. PADILLA, Fremont, CA, November 24, 2003. tive officer of Cabletron, I was proud to sup- Mayor. Re Support for S. 1845, the Service to the port my employees who were called to active Country Reimbursement Act duty during the Gulf War by making up the CITY OF ROSEVILLE Hon. BARBARA BOXER, difference in pay between what they were CITY COUNCIL, Senate Hart Office Building, paid by Cabletron and what they received Roseville, CA, January 15, 2004. Washington, DC. from the military. As Governor, I again had Subject support for S. 1845—service to Coun- DEAR SENATOR BOXER: I am writing on be- the opportunity to support our military by try Reimbursement Act. half of the Fremont City Council to let you issuing an executive order that ensures that Hon. BARBARA BOXER, know of our strong support for your S. 1845, state employees who were called to serve in Senate Hart Office Building, the Service to the Country Reimbursement Operation Iraqi Freedom will not lose any Washington, DC. Act. benefits or receive a reduced salary as a re- DEAR SENATOR BOXER, On behalf of the This needed legislation will reimburse sult of their service. citizens of the City of Roseville, California, I state and local governments for the costs of House Resolution 1345 provides reimburse- offer my support for S. 1845, which would as- paying the difference between the civilian ments to states like New Hampshire who sist local governments that continue to pay salary of government employees and the support our military. I urge you to support employees who are deployed to active duty. military pay of a National Guard or reserve this bill on behalf of our State and on behalf

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.006 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11199 of the men and women who serve our coun- out people to walk the tracks and gether, over to the House. It is now in try. measure the railroad tracks. So I think their court. Sincerely, we trust employers when they say they How much time do I have remaining? CRAIG R. BENSON, are paying their Guard and national The PRESIDING OFFICER (Mr. Governor. Reserve and they put that on their tax COLEMAN). There is 11 minutes remain- Ms. LANDRIEU. I thank the Chair. return. I think most certainly we can ing. Mr. President, I would like to con- trust them and trust the members of Does the Senator ask unanimous con- tinue by thanking all of the Members our Guard and Reserve. We are trusting sent to have the documents printed in of this body, particularly the members them to fight for us and we stand with the RECORD? of the Finance Committee, particularly them. We are honoring the employers, Ms. LANDRIEU. Yes. the Senator from Oklahoma, who small and large companies that are THE SECRETARY OF DEFENSE, stepped forward and helped us to nego- keeping those paychecks whole, and Washington, DC, March 17, 1998. tiate a very good end to this situation. the least we can do is to provide a 50- Hon. FLOYD D. SPENCE, Chairman, Committee on National Security, But the original cosponsors of this percent tax credit. amendment were Senator MURRAY, House of Representatives, Washington, DC. I also wish to thank the floor staff: DEAR MR. CHAIRMAN: The Department of Senator TIM JOHNSON, Senator MARIA Lula Davis and Mary Paone, as well as Defense report, enclosed, has been prepared CANTWELL, Senator JON CORZINE, Sen- the Republican staff who helped this in response to the National Defense Author- ator KERRY, Senator DURBIN, Senator weekend, and the Senate Finance Com- ization Act for Fiscal Year 1997. Section 1232 DODD, and Senator PRYOR. There were mittee staff which helped us to work of that Act directed submission of a report 21 Senators who signed the letter to out the final details. On my own staff: and draft legislation to provide tax incen- the conferees and I am going to submit tives to employers of members of Reserve Jason Matthews, Jeffrey Wiener, Kevin components. their names to the RECORD, but among Avery, Kathleen Strottman, Brian Gei- The Department of Defense does not sup- them was Senator BOND, who has been ger, Amy Cenicola, and Linda Cox, and port submission of legislation at this time a strong advocate for the Guard and particularly my husband and my chil- but is submitting draft legislation as a draft- Reserve; Senator AKAKA, who came to dren, who were supportive of this effort ing service. the floor over the weekend to lend his because it could have gone on for many Sincerely, support and his help; Senator BILL BILL COHEN. more days. Enclosure: As stated. NELSON, who came to the floor as well I want to, in the few minutes I have A REPORT TO CONGRESS CONCERNING INCEN- and gave his help and his support. I remaining, submit a few more things to also wish to thank the leadership, Sen- TIVES TO EMPLOYERS OF MEMBERS OF THE the RECORD. RESERVE COMPONENTS ator DASCHLE and Senator REID in par- One of them is a letter that came to This report responds to the requirements ticular, as well as the Republican lead- this Congress, not from the current of section 1232 of the National Defense Au- ership, who worked hard through these Secretary of Defense, but from the thorization Act for Fiscal Year 1997 (P.L. couple of days to make this good end former Secretary of Defense, Bill 104–201, September 23, 1996), which requires a come to be today; particularly Senator Cohen, in 1998, saying basically, while report to the Committee on the Armed Serv- HARKIN, who was in the Chamber advo- we support the concept of providing in- ices of the Senate and the Committee on Na- cating for a different issue that was his centives to employees of Reserve com- tional Security of the House of Representa- primary focus, but without his help in ponent members, the Federal Govern- tives regarding tax incentives to employers of members of Reserve components to com- being able to hold the floor and being ment, we at this time cannot afford pensate for absences of Reserve employees able to keep the procedure moving in such a program, but with the increased due to required training and performance of the direction that helped us to make use of the Guard and Reserve, particu- active duty. our point, it would not have happened. larly for unplanned contingency oper- OVERVIEW I also wish to thank the Senator from ations, employers of our Guard and Re- Increasingly, members of the National Alabama, Mr. SESSIONS, for spending serve members are often faced with the Guard and Reserve are being called upon to many hours in the Chamber. He and unplanned absences of their reservist augment the active duty forces in the post- the Senator from South Carolina, employees. They may incur additional Cold War world. This is a sound use of re- LINDSEY GRAHAM, have spoken hour business expenses associated with the sources and an integral part of our national after hour after hour on this floor unplanned absences. The report sug- military strategy. More recently, Reserve about the needs of the Guard and Re- component members have responded to the gests that a financial incentive might call in Operation RESTORE HOPE in Soma- serve. be helpful to ameliorate some of the lia, Operation UPHOLD DEMOCRACY in Perhaps we are not making our argu- employer problems, particularly for Haiti, and Operation JOINT ENDEAVOR/ ments clear enough; I do not know. But small business owners. JOINT GUARD in Bosnia. they seem to sometimes leave our There you have the Secretary of De- Previous Congresses have viewed legisla- mouths and fall on deaf ears. I do not fense, the former Secretary of Defense, tion that would provide incentives such as think it is complicated; 690,000 Ameri- outlining that while they couldn’t af- tax expenditures as having a fixed and recur- cans have been called up by our Com- ford to do it in a Defense bill, we most ring budgetary effect. A number of methods could resolve such a problem. mander in Chief to go to the front line. certainly could afford to do it in a tax BACKGROUND As we put bills together here, tax bills, bill. That is why we started working with the tax bill and with the Finance Generally, members of the Reserve compo- health care bills, education bills, trans- nents (both National Guard and Reserve portation bills, could we please not Committee. I am pleased to say we members) are required to attend one week- keep them in mind but put them in the have come to a good end. So in a few end of inactive duty training per month and bill and not leave them out. They are minutes, by a voice vote, this amend- 14 days of active duty training annually. not asking for much. They are not ask- ment will be adopted. It will go over to Over and above this training, members are ing for 100 percent of any tax credit. the House and to the House leadership often required to participate in mobilization But surely $2 billion out of 137 is some- on both the Republican and the Demo- training, formal schools, and special train- thing we could have done. I know there cratic side. I urge them to look care- ing. Additionally, many Reservists are called fully at what we have sent over there, upon to provide PERSTEMPO relief (reduc- were arguments, and I think somewhat ing the active duty Service members time legitimate—perhaps the amendment to pass it the way it is. If they do, it away from home station). For some individ- was not written in the correct way. will become law right away. Perhaps uals, this may exceed the normal Reserve Perhaps it was a little more com- when we come back after this election participation requirements. Some Reserve plicated. We have successfully cleared or perhaps before the election, that members, who support specific weapons plat- up those complications. I have said could be done. But clearly the Senate forms, are actually spending up to 180 days a there were other amendments in here has acted with respect, with care, with year on military duty. This is compounded that to me seemed quite complicated. cooperation, and again I thank the Re- by involuntary call-ups to support missions One in particular was a reimburse- publican leadership and the Demo- such as Operation DESERT STORM and JOINT ENDEAVOR, which required the use ment for railroad track maintenance. I cratic leadership for working so well of the Reserve components. guess we trust the railroads to tell us over the weekend to send this amend- In addition to this busy Reserve schedule, how many miles. I don’t think we send ment, basically intact as we put it to- the vast majority of Reserve component (RC)

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.020 S11PT1 S11200 CONGRESSIONAL RECORD — SENATE October 11, 2004 members are employed full-time in civilian members continue to experience significant anticipated absences of their Reserve em- occupations. So, not only are RC members employment-related conflicts. ployees. We salute such employers and seek working full-time in the civilian community, In an effort to protect Reserve employees, their continued support. Tax or other incen- they are meeting their Reserve obligation, the 103rd Congress passed the Uniformed tives for employers might help to ameliorate which has substantially increased beyond Services Employment and Reemployment some of their problems. Any such plan, of the minimum 38 days a year prescribed by Rights Act (USERRA). This legislation pro- course, must compete for resources in the law. tects ‘‘non-career service members’’ from job ever shrinking availability of Federal pro- This ‘‘part-time’’ Reserve obligation is discrimination based on Uniformed Service. grams. substantially different from any other part- USERRA has simplified statutory employ- Ms. LANDRIEU. I will reserve the re- time activity in which most employees par- ment protections and provided a system of mainder of my time. ticipate. They may be involuntarily called to local arbitration for individual cases. While The PRESIDING OFFICER. Who active duty in times of national emer- protecting the employee, USERRA does not, yields time? If no one yields time, the gencies. Although efforts are made to reduce however, address any adverse effects Reserve time not used will be equally divided. any conflict these absences may cause, some service may impose upon employers. Em- The Senator from Oklahoma. conflict is unavoidable. Title 37 U.S.C. sec- ployers are required to provide seven basic Mr. NICKLES. I yield myself 5 min- tion 1008(b) mandates that each Quadrennial entitlements by statute: prompt reinstate- Review of Military Compensation (QRMC) ment, status, accrued seniority, health in- utes. conduct ‘‘a complete review of the principles surance coverage, training/retraining, spe- The PRESIDING OFFICER. Without and concepts of the compensation system for cial protections, and other non-seniority objection, it is so ordered. members of the uniformed services.’’ The benefits. Mr. NICKLES. Mr. President, I want Sixth QRMC stated that conflicts between Despite these efforts, the major employer to make a couple of comments on the RC members and their full-time civilian em- disincentive to encouraging employee par- bill and a couple of comments on the ployers account for nearly one-third of all ticipation in the Reserve components is the amendment which has been discussed personnel losses incurred by the Reserve additional costs and reduced profits stem- by Senator LANDRIEU and Senator components. ming from Reserve participation. BOXER. DEMONSTRATED NEED PREVIOUS LEGISLATIVE PROPOSALS On the bill itself, let me just say, Employer concerns Recognizing the substantial role that em- again, I want to compliment Senator From an employer’s viewpoint, unsched- ployee attitudes and practices have on Re- GRASSLEY and Senator BAUCUS, and, uled absences create a variety of problems. serve readiness, legislative proposals grant- frankly, all the conferees, for their While Reservists repeatedly demonstrate ing a monetary incentive (in the form of a work on this bill. There was a lot of that their military training and experience tax credit) to employers of National Guard work that went in on this bill. This bill benefit their civilian employers, budget- and Reserve members have been introduced several times, the most recently in the 103rd has a lot of good provisions, and in this minded employers must also consider the Senator’s opinion it has a lot of bad impact of unexpected long-term absences on Congress. The Department understands that their businesses. positive approach to the there may be other methods to soften the provisions. It has a lot of tax cuts, and pressures caused by unplanned employee ab- employer’s burden. The main points of the it has a lot of tax increases. So you sences than simply enforcing Reservists most recent legislative proposals are out- have to kind of weigh the pluses and rights. lined below. the minuses. The plus is we are going Department of Defense concerns Summary of past proposals to be WTO compliant and get away Trained and equipped members of the Na- DoD 100–49 (100th Congress): Credit and de- from these enormous fees that are on tional Guard and Reserve are an integral duction; 20 percent of amount paid and 10 our exports, taxes that are on our ex- part of the national military strategy. With percent of amount unpaid; any training; non- ports that make our exports less com- a smaller active duty force, the Department refundable; and annual maximum of $2000 per petitive. It is a 12-percent tax right is maximizing all available resources to member. now, that goes to 17 percent by next H.R. 71 (103rd Congress): 50 percent of meet mission requirements. This has in- March. We don’t need a trade war with creased the day to day use of the Reserve amount paid and 10 percent of amount un- paid of actual compensation paid when em- Europe. components. There are substantial economic I remember talking to Chancellor benefits to the government to use the Re- ployee was performing qualified active duty; serve components as they cost the govern- annual maximum of $2000 per member; and Helmut Kohl when they were pushing ment less to maintain—anywhere from 25% no credit for employee not scheduled to the European Union. I said: I am a lit- to 75% of the cost of their active duty coun- work. tle concerned about the European terparts. This is part of the rationale for the Additionally, the Sixth QRMC made the Union becoming more protectionist. He dramatic shift of missions and force struc- following recommendations: assured me that is not the case. But, ture from the active to the reserve forces. It Nonrefundable credit of 50% paid to Re- frankly, the European Union is becom- is the nation’s advantage, therefore, to use servist on military leave and 10% credit for amount unpaid; ing more protectionist. We don’t need a its Reserve components. trade war. They don’t need a trade war, Retention of RC members becomes critical. Include credit for self-employed individ- It is in the government’s best interest to uals; and and we don’t need a trade war. So it is keep well-trained individuals in the mili- Certification of Veterans’ Reemployment necessary for us to pass a bill to be tary, rather than incurring the additional Rights compliance. compliant. I don’t want to give the training costs (roughly $26,000 per new re- DRAFT LEGISLATION World Trade Organization too much of cruit). The train-up time associated with re- The Department has developed draft legis- a blank check, but it is important that cruiting new individuals into the force is lation, as a drafting service, for a tax credit export subsidies not be egregious. They also considerable. In spite of our efforts to program for employers of Ready Reservists have determined in the past FSC/ETI provide a benefits package that makes con- and self-employed Reservists as required by was; the foreign sales corporation was. tinued Reserve service an attractive propo- section 1232 of the National Defense Author- So we repealed that in this bill. sition, employer conflict is often cited as the ization Act for Fiscal Year 1997. Because of We are replacing it with a tax cut for number one reason why individuals decide to associated costs in the form of federal tax re- leave Reserve component military service. ceipt losses for such a program, neither the manufacturers. We defined ‘‘manufac- turers’’ very broadly. We didn’t give a DEPARTMENT OF DEFENSE EFFORTS Department of Defense nor the Administra- tion support submission of the legislation at corporate tax cut for corporations that The DoD has undertaken several initia- are in the services, financial services tives to reduce conflicts between Reservists this time. Because section 1232 requests the and their employees. Since 1970, the DoD has draft legislation, however, the attached draft or other services. I object to that. I developed an aggressive program to encour- is submitted as a drafting service pursuant think that is a mistake. I used to be a age employer support. The National Com- to paragraph 7i, Office of Management and manufacturer, so if I went back into mittee for Employer Support of the Guard Budget Circular A–19, dated September 20, manufacturing I guess I should say this and Reserve (NCESGR) is an agency within 1979. is great because you are going to re- the Office of the Assistant Secretary of De- CONCLUSION duce my income tax by 10 percent in fense for Reserve Affairs that promotes co- Assistance to employers who support Na- about 7 years, 6 or 7 years. So maybe I operation and understanding between RC tional Guard and Reserve participation by should be happy. But I just look at the members and their civilian employers. This their employees could reduce an employer’s program has grown from several hundred em- costs associated with employee absence due complexity of it, trying to determine ployers and professional and labor organiza- to their participation in the National Guard what portion of income is manufac- tions to more than 3000 community leaders and Reserve on contingency operations. The turing and what portion is financial or nationwide. Despite these efforts, the Sixth Department understands the loyalty of the other services, and I can see it is going QRMC stated that 10 to 20 percent of RC employers burdened with the costly and un- to be very confusing.

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.015 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11201 For example, in the bill we defined makeup of a conference. So I want to stantially, and I compliment her as construction as manufacturing. So if make sure people understand that. well. you had a contractor who was working On the substance of the bill, I heard Again, on final passage, I think the in construction, their tax rate would be it was supported by 100 percent of the underlying product leaves a lot to be 32 percent in a few years. If they also Congress. It passed by a voice vote. It desired, but I still think it is an im- do service work, that work will be was not supported by this Senator. On provement. We need to fix the WTO taxed at 35 percent, i.e., a plumbing the substance of it, I am not sure that problem, and I urge our colleagues to contractor who is building new units is we should give reservists and guards- vote in favor of the conference report. going to be taxed at 32 percent. If he is men serving in the trenches with Ac- I yield the floor. doing a service, replacing your plumb- tive-Duty—give them $20,000 more or The PRESIDING OFFICER. Who ing, that would be taxed at 35 percent. $15,000 more in pay from the Govern- yields time? The Senator from Lou- That doesn’t make sense. That is what ment. That is what the essence of the isiana. is in this bill. proposal was. Ms. LANDRIEU. Under the previous Take a big corporation—and they It says we will give a credit to em- order, I think I still have—— have a lot of accountants and law- ployers for keeping them whole. But The PRESIDING OFFICER. The Sen- yers—they will work it out. But Gen- think about it. If you have a guards- ator has just under 11 minutes. eral Electric, they have big manufac- man driving a truck doing the same Ms. LANDRIEU. Mr. President, I turing. Those units will be taxed at 32 thing an Active-Duty person is doing, want to take the time to thank the percent, but they are probably bigger should they be paid $20,000 more for Senator from Oklahoma. I know he has in financial services and other services. doing the exact same job? I am not some concerns about some of the de- That will be taxed at 35 percent. So sure that makes sense. I do know, if tails of this amendment. But because they are going to have to allocate re- you are going to do it—Mr. President, of his work and because of other Sen- sources and expenses to whichever cat- I yield myself an additional 2 minutes. ators who worked through the weekend egory they belong. I find that to be far The PRESIDING OFFICER. Without on this, we have put a very solid, sub- too confusing and will cause a lot of objection, it is so ordered. stantial, largely intact amendment in compliance problems. It is probably Mr. NICKLES. If we are going to do place that is going to be passed to the more trouble than it is worth. it, we should not do it through the Tax House. Now it will be in the hands of Canada had a differential rate for Code. I believe it should be done the House leadership to decide if they manufacturing for about 20 years, and through the Armed Services Com- want to pass this amendment, which is they repealed it. My guess and pre- mittee. I have great respect for Chair- a tax bill specifically for the Guard and diction is that Congress will come back man WARNER and Senator LEVIN. Let Reserve. The underlying bill actually and have to fix this as well because the them have hearings on it. Let them de- will allow the Guard and Reserve a tax differential rate is not worth it, and we cide if there should be greater incen- benefit to remove the 10-percent pen- should have a uniform corporate rate. tives for Guard and Reserve. If they be- alty if they would want to take money I tried that. Senator KYL tried that. lieve it is necessary, that is the way it out of their IRA to help them through I compliment my colleague, Senator should be done. The money should be tough financial times. KYL. We were not successful in con- appropriated in the Appropriations According to the hundreds and thou- vincing our colleagues, House or Sen- Committee. Chairman STEVENS, head sands of e-mails that we have received, ate, in doing it. That being said, we of the DOD subcommittee—they should myself and many others, we know that tried our best. But it is still important be making these decisions to keep a our Guard and Reserve are having a for us to pass this bill, and we and oth- proper balance between Reserve and tough time. ers will be trying in the future, I am Active-Duty. I would just like to read this for the sure. I hope in the administration, I happen to be a former guardsman. I RECORD. I know the Senator himself when they do a comprehensive tax re- support the Guard. But I don’t think has received notices like this. form proposal, they will come up with they should be paid through a tax cred- This is from—Janice is her name. I a uniform corporate rate. I bet they it that may funnel to them or may not will find out where she is from in a mo- will, and I bet any commission or funnel to them. I don’t think that is ment. She writes, group that says we need tax overhaul, good policy. If they are to be paid, they Senator Landrieu, I have 3 nephews and 2 simplification, they will come up with should be paid by the Government and nieces that are in our National Guard and a uniform corporate rate. It only they should be paid on a monthly basis they are being sent over to Iraq. I am so by the Government and their benefits angry right now that I hope that I don’t have makes sense. This proposal does not, to see others go to this war. But let me just this differential rate. should be given by the Government, say that my nephews and nieces have left be- But we are not going to be able to fix not through a refundable tax credit hind 11 children without health coverage. I that now, and we can’t fix it in the that they may or may not receive down am their aunt and my husband is their uncle. next 3 months, not with the current the road. We are taking care of these three children. It makeup. So I urge our colleagues to We sometimes pass amendments by is hard for us. We are tired living on a fixed vote for it. voice vote to expedite passage. We income. I heard a couple of our colleagues say passed the sense-of-the-Senate amend- This is what this amendment is all this provision Senator LANDRIEU was ment by voice vote, and I compliment about—taking on the burden of having talking about was stripped in the con- the authors. But I would have voted no. the Guard and Reserve on the front ference. That is not correct. Not one Just because something passes by voice line, and paying those paychecks. Yes, member of the conference—we have 23 doesn’t mean every Senator concurs. I it helps the soldier on the front line, Senate conferees, and not one person did not and still do not agree with this but mostly it helps the families back raised this in an individual amend- amendment. home. That is what the Senator was ment. I will say all conferees had I do agree with one portion of it, and able to help us come to terms with. amendments that we wanted. Some I compliment my colleague from Lou- That is what the Senate is sending over were accepted and some were not ac- isiana. We worked to make something to the House—supporting this effort on cepted. But to be accepted, you had to acceptable. Legislation is the art of the House side. raise the amendment. You had to fight compromise. We compromised on one I look forward to working with them for the amendment. You had to have it thing. One section is let’s have GAO do when we come back in, perhaps after offered. I think this particular amend- a study about what kind of compensa- the election—working with the Sen- ment was offered in a large group of 10 tion we need for Guard and Reserve: ators who have spoken up over the or 12 amendments. The House did not How does it balance with the Regular weekend and others who were not able concur. That didn’t mean it was Army? A tax credit, would this be the to speak up and sent letters in support stripped out in conference. There were proper mix? So I think we need some and cosponsored this effort, Repub- hundreds of amendments that were additional study on it, and we will do licans and Democrats, to say let us proposed by the Senate, not agreed to that. I think we improved her amend- craft a tax provision, or several tax by the House, or vice versa. That is the ment substantially, we changed it sub- provisions, that will help our Guard

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.020 S11PT1 S11202 CONGRESSIONAL RECORD — SENATE October 11, 2004 and Reserve, or let us dig a little deep- ground in Iraq and Afghanistan and taxes on our Federal income taxes like er in the Defense bill to give them the other places, and help for the employ- those who pay an income tax do is un- support they need, whether it is health ers is certainly something we should do fair. care, whether it is paycheck protec- in the right way. That inequity is eliminated in this tion, whether it is other support serv- I am very pleased we are going to bill for the next 2 years. We will be able ices, so they can do the job better we continue to work on this issue. We now to have equity in our Tax Code. are asking them to do. need to do everything we can to sup- We will now be able to give those in a Frankly, I don’t think they could do port our young men and women in the non-income tax State the ability to de- it any better, but they could do it with field and the people who are supporting duct sales taxes just as those who pay more peace of mind knowing their fam- them at home. income taxes are able to do. In fact, it ilies are able to pay the bills, are able I will never forget when I was vis- allows people in an income-tax State to keep the roofs over their heads, are iting a base in Saudi Arabia and asked to choose to deduct sales taxes instead able to put gasoline in their auto- one of the young guardsmen what was of income taxes if they want to. It is mobiles, and pay the extra childcare their biggest problem, thinking he was for everyone. expenses. going to say something about his tour But in reality, the States that have I know other Senators feel as strong- of duty, or something on the ground been shortchanged are the ones that ly as I do—everyone in this Chamber. there. He said, My biggest problem is choose to tax with sales tax and rather But let us not only feel strongly but re- my wife can’t get a pediatrician for our than income tax. That inequity is member them when we pass these bills. child at home who is having heart going to go away in this bill. It will Again, we don’t have to remember problems. I said we can’t let this hap- mean $300 on average for every family them only on the Defense bill. Then we pen. We have to make sure we are giv- in Texas. That is going to be welcome end up having to make tough choices ing them all the support they need. news for people who have had to live and ask the military, Do you want a This is a good bill. It is a bill that is with this inequity since 1986. rifle, or a helmet, or health coverage, going to help our manufacturers in this Thank you. I urge adoption of this or to send a whole paycheck to your country compete on a level playing very important bill. family? I don’t think our men and field. Mr. LOTT. Mr. President, I thank the A ruling by the World Trade Organi- women in uniform should be asked to distinguished chairman of the Finance zation found our existing extra-terri- make those decisions, not when we are Committee for yielding me this time. giving $137 billion in tax cuts to every- torial income tax regime was prohib- ited under an international treaty. When we look back on the results of body else. That is my point. this year, the legislation that had the I know people may disagree. Maybe Therefore, the European Union im- greatest impact, this will be the bill we this vehicle was the right one. But be- posed retaliatory sanctions on a vari- will refer to and remember. This is the cause we were told 3 years ago there ety of United States products in March most important achievement of this was no money in the Defense bill to do of this year. These tariffs have in- session of Congress. this, what option were we left with? We creased every month we have not I give credit to the chairman of the asked it be included. It was included acted. They are now at 12 percent. A Finance Committee, and the ranking when it left the Senate. tariff like that can be the difference I am proud of that. Now we have a between whether an American product Member, Senator BAUCUS of Montana. chance again sometime in the near fu- can be purchased overseas, whether it They were diligent and hung in there. ture to get this fixed. I am proud of the gets in and can compete on a level They were determined we would get effort. playing field. this result. Yes, we had to go a little I reserve the remainder of my time. We will restructure our Tax Code for overtime, but here we are. We will get The PRESIDING OFFICER. Who businesses in order to replace the ETI it done today. They deserve an awful yields time? and end the confiscatory tariffs that lot of credit. Mr. GRASSLEY. Mr. President, I are hurting manufacturers in this Also we should give credit to Con- yield 4 minutes to the Senator from country. gressman THOMAS, the chairman of the Texas. At a time when our country is losing Ways and Means Committee in the The PRESIDING OFFICER. The Sen- manufacturing jobs, we talk about House. This is very complicated legis- ator from Texas. outsourcing every day. We have to act lation, but he worked with these two Mrs. HUTCHISON. Thank you, Mr. to give our manufacturers every pos- Senators and they produced a very im- President. I thank the Senator from sible advantage we can to be competi- portant product. Iowa, the distinguished chairman of tive with Europe. That is what the I could not fathom the idea that we the committee. I also thank the chair- heart of this bill is. It is very impor- might leave here and not complete leg- man and ranking member of the Fi- tant for jobs in our country. It is very islation that will stop the fees that nance Committee for working with the important for the manufacturers who were being put on American products House to produce an excellent bill are trying to keep jobs in our country as a result of the WTO ruling on our which will reduce taxes on more people to be able to have that level playing domestic tax provisions. That import in our country and, therefore, help this field. I am very pleased about that. fee was going up 1 percent a month. It economy to continue the recovery. In addition, there is a broad range of was up to 12 percent and going to 13 I am very pleased. I have heard the manufacturers who are helped, includ- percent. How in the world could we not debate on the tax credit for employers ing certain oil and gas producers. We complete legislation that would deal for Guard and Reserve units. I know all know with the prices of oil and gas so with this alleged subsidy and take that of us will be working to try to assure high right now that we need to encour- money that was saved by eliminating that this is done. Our Guard and Re- age our producers to be out there cut- some provisions and move it into other serve units have stepped up to the ting costs wherever possible, and hope- areas in manufacturing and small busi- plate. fully this will allow them to be able to ness in a way to create jobs? It was im- I have been to Iraq. I have been to Af- produce more in our country and cre- portant we complete this legislation. ghanistan. I have visited with Guard ate those manufacturing jobs. We got it done. We will comply with troops who are on their second and Lastly, there is a sales tax deduction the WTO ruling, but we will take that third call who didn’t expect this kind that is very important to my State and money that was going into the ques- of activity when they signed up. But six other States in our country. Some tionable provisions and move it into they are there doing their job, and States in America do not have a State areas that will create jobs for the doing a great job. income tax. That doesn’t mean our American people. We will keep more On the other hand, the people at State taxpayers aren’t paying taxes. jobs here. This is a very significant home are, too. The employers are, too. We pay very high, substantial sales achievement. The families are, too. They are sacri- taxes and we pay high property taxes. At long last we repeal the 4.3-cent- ficing as well. I think help for families, Some of those are going up. For us not per-gallon diesel fuel tax that railroads help for the men and women on the to have a deduction for our State sales and barges have had to pay. This is not

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.023 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11203 about one railroad or just a barge com- stiffing our country by dodging their tion. This penalty is a joke. It provides pany; all the other parts of the econ- taxes. They are depriving our country no deterrent at all, when law firms are omy that have been paying that 4.3- of funds needed to strengthen home- getting $50,000 for each of these cookie- cent-per-gallon tax had been released land security, support our troops, care cutter opinion letters. A $1,000 fine is from having to pay it or send it to an for the sick, educate kids, and more. like a parking ticket for raking in mil- infrastructure trust fund. This was a To make things fair for our U.S. manu- lions illegally. With the Levin-Coleman question of fairness. Once again, it is in facturers that play by the rules, we amendment, our Senate bill upped this an area where we can create more jobs. need to close loopholes that allow the fine to 100 percent of the gross income The railroad industry is saying in the tax dodging corporations to avoid pay- derived from the prohibited activity. next few months they will create thou- ing their fair share. Unfortunately, it appears the House sands of new jobs. This is a critical pro- One of the most glaring of these conferees thought it was ok to let vision. omissions from this legislation is the these aiders and abetters continue to I thank Senator GRASSLEY particu- provision passed by the Senate numer- profit handsomely from their wrong- larly for working with me to make sure ous times that would have required doing instead attempting to deter this this provision to repeal that tax over a business transactions to have actual behavior that robs tens of billions of period of 3 years would be included in ‘‘Economic Substance’’ in order to re- dollars from the U.S. Treasury. this bill. The bill also improves the tax ceive tax benefits. Refusing to include Another gaping tax loophole that treatment for shipbuilding. Unfortu- this anti-abuse tool means that tax this conference report weakened is the nately, shipbuilding companies have to dodgers will still be able to escape pay- unfairness to the taxpayers that arises pay the tax on the entire amount of a ing their fair share by using phony when companies renounce their citi- ship even though they do not get the transactions that have no business pur- zenship, going through phony money sometimes for 3 or 4 years down pose other than tax avoidance. It also reincorporations by establishing a shell the road. Incremental funding is how means we miss the opportunity to col- headquarters on paper in Bermuda or you should pay your taxes. lect from these tax dodgers a much other tax-haven countries when, in re- There are important timber provi- needed $15 billion over 10 years. ality, their primary offices and produc- sions in the legislation. We should en- Another distressing decision by the tion or service facilities remain right courage the planting of more trees as House Republicans is the slashing of here in the U.S. These corporate expa- well as responsible harvesting of trees. the penalty imposed on those who de- triates get all the benefits of being U.S. There are three different provisions sign and peddle abusive tax shelters. companies without contributing their that will help the timber industry in These abusive shelters are undermining fair share of the bill. this country. the integrity of our tax system, rob- The Senate FSC/ETI bill had a provi- It also includes income averaging for bing the Treasury of tens of billions of sion that would have shut down a sig- farmers and fishermen. Others have dollars a year, and shifting the tax bur- nificant portion of this loophole. I have that opportunity; why shouldn’t farm- den from high-income corporations and long preferred an even stronger fix, ers and fishermen? This will be very individuals onto the backs of the mid- such as the one Senator REID of Nevada helpful. dle class. The amendment Senator and I put forward in S. 384, the Cor- The tobacco buyout provision is in- COLEMAN and I offered, which became porate Patriot Enforcement Act of cluded. This is a provision I opposed, part of the Senate bill, set the penalty 2003. But at least the provision passed and I do oppose it now, but the con- on an abusive tax shelter promoter at by the Senate went much further than ferees, working with the Senators from 100 percent of the fees earned from the the one before us. The provision in- the States that were affected, came up abusive shelter. This penalty would cluded in the conference report lets all with the best possible of the solutions have ensured that the abusive tax shel- the companies that used this gimmick they could have reached; therefore, I ter hucksters would not get to keep a prior to March of 2003 continue to was willing to support what they came single penny of their ill-gotten gains. avoid the taxes that their American- up with because I thought it was as fair But that provision was cut in half in based competitors face. The Senate as you could get for all involved. this conference report, setting the pen- version would have cracked down on We have tax incentives for United alty at 50 percent of the fees earned, these tax dodgers to the tune of more States-flag shipping companies, short- meaning the promoters of abusive shel- than $3.1 billion over 10 years while line railroads, energy provisions that ters get to keep half of their gain. this weak provision raises only $830 will produce more energy, critical im- Why should anyone who pushes an il- million. It is shocking that the House provements for small businesses, small legal tax shelter that robs our Treas- Republican conferees were willing to subchapter S reform and expensing. ury of much needed revenues get to leave $2.3 billion in dodged taxes on the This is a big achievement. I com- keep half of his ill-gotten gains? And table when that money could have gone mend those involved and tell the Amer- what deterrent effect is created by a to implement Senator LANDRIEU’s ican people this will help the economy penalty that allows promoters to keep amendment that would offer real help of our country. half of their fees if caught, and all of to our activated guardsmen and reserv- Mr. LEVIN. Mr. President, I voted for them if they are not? This half-hearted ists. the Senate version of this FSC/ETI leg- penalty is not tough enough to do the I understand that during the con- islation. While I had a number of mis- job that needs to be done. ference negotiations, the Senate con- givings about that bill, those were out- And this conference report com- ferees offered an amendment that weighed by my concerns over the crisis pletely leaves out yet another Senate would have reinstated many of these in our Nation’s manufacturing sector provision that is critical in the fight important curbs on tax dodges. The and the sanctions being imposed as a against abusive tax shelters. In addi- amendment would have raised an addi- result of the FSC/ETI regime. However, tion to those who are considered ‘‘pro- tional $40 billion over 10 years. But, I will oppose this conference report. It moters’’ of these abusive shelters, once again the House GOP refused to fails to include too many of the impor- there are the professional firms—the accept these anti-abuse measures, and tant provisions from the Senate bill law firms, banks, and investment advi- the amendment was defeated on a and has a number of added bad provi- sors—that aid and abet the use of abu- party line vote. sions. sive tax shelters and enable taxpayers The problems with this legislation The Senate bill we passed in May did to carry out these abusive tax schemes. are not limited to the fact that we are a lot to crack down on tax dodgers, but For example, a law firm is often asked letting tax dodgers off way too easy. At the House Republican leadership, with to write an ‘‘opinion letter’’ to help a time when many corporations pay no pressure from the administration, has taxpayers head off IRS questioning and tax at all and corporate tax revenues refused to include most of these provi- fines that they might otherwise con- are at historic lows, this bill is full of sions in this legislation. While men and front for using an abusive shelter. special interest tax breaks. It also in- women in our military are putting Under current law, these aiders and cludes new tax benefits for the offshore their lives on the line every day for abetters face a penalty of only $1,000, operations of U.S. multinational com- America, too many corporations are or $10,000 if the offender is a corpora- panies, such as allowing companies

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.025 S11PT1 S11204 CONGRESSIONAL RECORD — SENATE October 11, 2004 with earnings held overseas to bring Mr. FEINGOLD. Mr. President, I will acting at the next opportunity to close them back at a tax rate lower than the support this conference report, but I do down the tax provisions in this bill rate paid on domestic profits. The cost so with a great deal of reluctance. that provide incentives for corpora- of these international provisions is es- One of the more frequently used tions to move facilities overseas. timated at $43 billion over 10 years, but phrases voiced on the Senate floor is On this same subject I was dis- this estimate is misleadingly low be- that we must not let the perfect be the appointed that conferees stripped Sen- cause some of these provisions are enemy of the good. That hackneyed ex- ate provisions relating to the dis- ‘‘temporary’’ or do not kick in until pression is flung about when the body turbing trend of the outsourcing of later years. While I support incentives is asked to support a measure that may American jobs. These provisions would to create and support U.S.-based manu- not be everything that it should be. It have prohibited federal funding from facturing jobs, I am concerned that would be an overstatement to suggest being used to support the outsourcing some of these international provisions that this measure even rises to that of goods and services contracts that will provide an incentive for companies level. This bill falls far short of being are entered into by the Federal govern- to keep resources, facilities, and em- good, but it is necessary. At its most ment, or by the States if those con- ployees abroad, and subsidize the fundamental, it meets two essential tracts are being supported by Federal movement of jobs and resources over- tests. First, it repeals the Foreign dollars. seas. Sales Corporation/Extra Territorial In- With this bill, Congress had an oppor- Furthermore, while the official cost come, USC/ELI, tax provisions that tunity to support American workers by estimate of this bill says that it is es- have resulted in the imposition of in- ensuring that taxpayer money is not sentially budget neutral over the next creasingly punitive tariffs on Amer- used to encourage companies to relo- 10 years, this paints a deceptively opti- ican-made products, including products cate American jobs. With the deletion mistic picture. Throughout the meas- made in Wisconsin. of this outsourcing provision, we ure there are many gimmicks to keep Second, it provides a needed tax missed an opportunity for the Federal the numbers even, like phasing in some break for domestic manufacturers, a Government to set a strong example of of the tax cuts and setting up others as group that has been especially hard hit buying its goods and services from ‘‘temporary.’’ According to the Center in recent years. If this absolutely vital American companies that use Amer- on Budget and Policy Priorities, just sector is to have a chance to get back ican workers. extending the ‘‘temporary’’ provisions on its feet, providing this tax incentive I also regret that the administration would reduce revenues by nearly $80 is essential. was again successful in blocking lan- billion over the next 10 years. I regret that much of the rest of this guage included in the Senate-passed bill is wholly unmerited. There are bill that would have reversed the harm- I am also troubled by the elimination some exceptions, of course, but if Con- ful provisions of the Department of La- of provisions pertaining to regulation gress had focused its efforts on just bor’s new overtime rule. Despite re- of tobacco by the Food and Drug Ad- those two essential tasks—repealing peated bipartisan opposition to this ministration, FDA. According to a re- USC/ETI, and providing some tax in- rule in both Houses of Congress, mem- cent report by the Surgeon General, to- centives for domestic manufacturers— bers of the conference committee bacco consumption by America’s youth the bill would have been much better. stripped this provision, which would is one of our country’s leading health I was pleased to cosponsor S. 970, in- have prevented millions of workers risks. The Senate passed strong bipar- troduced by Senator HOLLINGS, which from losing their overtime benefits tisan provisions that would deal with was just such a bill. And I was encour- under the Bush administration’s rule. both the FDA and tobacco regulation: aged when the Senator from Iowa, Mr. Finally, let me briefly mention the provisions that would give the FDA GRASSLEY, and the Senator from Mon- energy tax provisions. I remain com- sweeping authority to prevent overt tana, Mr. BAUCUS, offered a proposal mitted to supporting legislation to en- marketing of tobacco products to chil- based on S. 970, along with some sen- courage alternative energy research dren under the age of 18; provisions sible improvements. and production. With respect to overall that would allow the FDA to regulate But as this measure has worked its energy policy, we must develop clean- prior approval of statements on to- way through the legislative process, it er, more efficient energy sources and bacco products; and provisions that has only degenerated. Dozens of special promote conservation. allow the FDA to restrict the sale, dis- interests have nosed their way into During Senate debate on this bill, I tribution and promotion of tobacco if this bill, and have taken advantage of voted for the amendment offered by the they are deemed to be a danger to pub- what is essentially a ‘‘must-pass’’ senior Senator from Arizona, Mr. lic health. These provisions are essen- measure. I can only say that I am glad MCCAIN, to strike the energy tax title tial to protecting our children from the we are passing this measure now, be- to the Senate version because the bill dangers of smoking, but the House con- fore it gets any worse. did not extend the energy tax credits in ferees have killed any chance in the There are many candidates for worst a more fiscally responsible way. I sup- near future to give the FDA the tools tax policy in this measure, but at the port many of the tax credits in the con- it needs in this critical area. very top of that list must be those pro- ference report, such as the volumetric I am also troubled by the exclusion of visions that actually provide a tax in- ethanol excise tax credit fix and provi- Senator HARKIN’s overtime amendment centive for those corporations that sions that would specifically benefit that would keep essential overtime move their operations overseas. Such a rural cooperatives and small renewable protections for middle class working policy is never justified, but in the cur- fuel producers. I also support provi- Americans. And finally, it seems rent economic climate it is particu- sions that would result in the increased unfathomable that in this $137 billion larly hurtful and counterproductive. supply of renewable fuels like biodiesel bill the conference committee would During the debate on this measure in and ethanol. leave out the Senate provision spon- the Senate, I was pleased to support I remain concerned, however, about sored by Senator LANDRIEU that would the Senator from North Dakota, Mr. the fiscal and environmental costs of have helped the large number of our ac- DORGAN, in his effort to eliminate one this section of the bill. The oil and gas tivated Guardsmen and Reservists who of these perverse incentives and I was incentives in the bill, for example, face a reduction in their salaries dur- pleased to support an amendment of- would cost taxpayers billions and allow ing activation by assisting those civil- fered by the Senator from Louisiana, companies to deduct the costs of min- ian employers who continue to pay Mr. BREAUX, and the Senator from eral exploration and marginal oil wells. these employees after they have been California, Mrs. FEINSTEIN, which was The conference report still includes a called up. similarly targeted. I regret the body ‘‘nonconventional fuel credit’’ to the While this legislation includes some rejected those sensible proposals. synfuels industry and coalbed methane provisions which I support, overall it I will vote for this bill with the hope industry, which could cost the tax- falls far short of the bill which the Sen- that its net effect will be to improve payers over $2.5 billion. The bill also ate sent to conference, and I cannot the climate for domestic manufactur- opens a loophole for energy companies support it. ers. But we should remove all doubt by to take advantage of a manufacturing

VerDate Aug 04 2004 00:38 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.036 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11205 tax credit. The revenues dedicated to The film industry employs 750,000 publicans are welcome as lobbyists so these tax expenditures would have been people nationwide, and the major mo- this article takes on new credibility. better used to relieve the burden of tion picture studios are publicly owned This is especially egregious given the debt we are heaping onto our children and pay annual dividends to share- fact that the film industry was not and grandchildren. holders. even involved in the unfair trade prac- It is the very need for the central Rather than allowing the industry to tices that led the WTO to declare that provisions of this bill that has invited account for its activities on a product U.S. international tax rules were un- the kind of abusive provisions we have line-by-product line basis as was done fair. seen included in it. Were this bill some- in the Senate bill, this conference re- I have the opinions of two former thing less than absolutely necessary, port means that the industry will have U.S. Trade Representatives—one Re- we could just defeat it, and hope for to adopt unified accounting. publican and one Democrat—Carla something better down the road. For example, the Disney film called Hills and Mickey Kantor—which make But we do need to pass it. We have to The Alamo was produced in the United the case. stop these trade sanctions, and we need States and did not perform as well as Carla Hills wrote: to help our manufacturers. For that expected. Having previously served as [U.S. Trade reason, I will vote for this flawed legis- Under the final conference report, Representative], I would like to share with lation. the losses from The Alamo are lumped you my views regarding the consistency of your amendment with applicable trade law Mrs. FEINSTEIN. Mr. President, I with all other company revenues—TV, will vote against this FSC/ETI con- The [General Agreement on Tariffs and DVD sales, theme parks, merchandise, Trade] does not apply to ‘audiovisual serv- ference report and I want to explain and music. This is known as unified ac- ices’ and does not include any general prohi- why. counting. bition against export contingent subsides. The original purpose of this legisla- In the Senate version of the bill, Dis- Mickey Kantor wrote: tion was simple and clear—to bring the ney would have been able to account Audiovisual services are . . . not within United States into compliance with a for this loss within its film division, the purview of the WTO FSC/TTI decisions In World Trade Organization, WTO, ruling separate from its other divisions. This my view the adoption of [your amendment] which said that portions of our Federal is known as product line-by-product . . . would not violate or contravene the Tax Code run counter to international line accounting. WTO rulings in the FSC/ETI case. trade regulations. If you assume a $50 million loss, re- As one can see, two former U.S. It is critical that we fix this problem, quiring unified accounting will cost the Trade Representatives agree that the or U.S. companies will face increased studio an additional $2.6 million in ad- entertainment industry was not in- European tariffs, costing U.S. jobs. ditional taxes. volved in the unfair trade practices. This conference report, however, goes However, the entertainment industry far beyond the simple legislative fix If you assume a $75 million loss, re- quiring unified accounting will cost the is being singled out for a tax increase needed to bring the U.S. into compli- in this bill in order to pay for tax cuts ance with the WTO ruling. studio an additional $3.9 million in ad- ditional taxes. going to multinational firms that hold In fact, the cost of bringing the U.S. their profits overseas in order to avoid into compliance with the WTO is $49 So the bottom line is that unified ac- counting will mean that Disney, and paying taxes. billion, while the cost of the final bill The bill allows many of these compa- is $145 billion. The difference is $96 bil- other entertainment companies, will have to pay significantly more in taxes nies having profits overseas to repa- lion in benefits to special interests triate these billion at a 5.25 percent tax paid for with certain revenue fixes that as much as $5 billion over the next 10 years. rate. should be used to balance the budget. These are the multinational firms I cannot believe that we would in ef- In fact, this bill provides billions of which now will be allowed to bring fect raise taxes on an industry that dollars in benefits to special interests those foreign-earned profits back to does so much to help our economy. at a time of unprecedented budget defi- the United States at one half the rate This simple accounting change would cits. Let me give you a few examples that the poorest American’s are re- have significantly helped reduce the cited in Thursday’s Washington Post, quired to pay on their income under impact from this legislation. ‘‘Conferees Agree on Corporate Tax this bill. This is not fair and equal But in the end, this provision was Bill’’: treatment. NASCAR racetrack owners get a provision stripped from the final conference re- I cannot believe that the other House to write off $101 million worth of improve- port. would utilize political vengeance to ments over ten years. What is worse are reports that this disadvantage a sector of American Foreign gamblers at U.S. horse and dog was not due to the merits of the provi- racing tracks would no longer have to pay business, while so advantaging other sion, but out of base, political con- sectors. taxes on their winnings upfront. This is esti- cerns. mated to be worth $27 million. Another major flaw with this bill is Home Depot would secure a temporary sus- A story in yesterday’s edition of Roll that it removes the Senate language pension of tariffs it owes for imported Chi- Call, ‘‘Studios Take Hit in Tax Bill’’, permitting long-sought FDA regulation nese ceiling fans. This is estimated to be asserts that lawmakers stripped the of tobacco. The Senate voted over- worth $44 million. Senate film amendment in retribution whelmingly—78 to 15—in favor of a At a time when we are facing unprec- for the film industry’s decision to hire carefully crafted amendment to allow edented Federal deficits and a mount- a Democrat—a former Cabinet Sec- FDA regulation of tobacco. ing debt, it is simply unconscionable to retary in fact—to head its trade asso- This amendment linked FDA regula- approve this giveaway to special inter- ciation. tion with a 5-year, $12 billion buyout of ests. Although the 10-year cost is off- Let me quote from the article: tobacco growers. Regulatory authority set, these offsets could well be used to One GOP Lobbyist for the industry over tobacco would have allowed the bring down the deficit. said: FDA to begin to reduce the addictive Policymakers should be taking steps The Glickman thing is going to cost them. and carcinogenic elements of these to reduce the deficit and improve the No Republican will fight for the movie indus- products. It would have made a dif- economy, not eroding it further by try. ference and, over the long run, it, doling out tax breaks to special inter- Another Republican Lobbyist added: alone, could have saved millions of ests. But one industry was singled out They were not overly helpful to Repub- lives. for penalty in this bill. I cannot accept licans, so Republicans don’t want to be over- Despite the broad, bipartisan support that—and that industry happens to be ly helpful to them. for this provision, the House rejected a the film industry. Ordinarily, I do not believe much of proposal by Senator KENNEDY to pro- In fact, this final conference report what I read on many days and so there vide an additional $2 billion for tobacco will cost the motion picture industry would be reason perhaps to dismiss growers as long as it was linked with $5 billion over the next 10 years—be- this. FDA regulation of tobacco. Even Philip cause they will have to make changes But I also know that the word has Morris supports FDA regulation of to- in the way they account for revenues. been put out on K Street that only Re- bacco. Let me quote from two letters

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.031 S11PT1 S11206 CONGRESSIONAL RECORD — SENATE October 11, 2004 from senior executives from Altria, the end up with lung disease and many of Led by Ways and Means Chairman Bill parent company of Philip Morris. them will die. Thomas (Calif.) and Majority Leader Tom Steven Parrish, Senior Vice Presi- Lung cancer is the number one can- DeLay (Texas), House GOPers on the con- ference committee voted as a bloc to oppose dent, Corporate Affairs, Altria Group cer killer—and the number one cause of the tax breaks, calling them bad policy and wrote that the provision on FDA regu- lung cancer is smoking. Today and too expensive to be included in the $140 bil- lation of tobacco ‘‘is the result of many every day, 4,000 children under the age lion bill. difficult choices and compromises by of 18 will try smoking for the first But other lawmakers, Congressional aides all those involved, and it reflects a bal- time, 2,000 of these children will be- and movie industry lobbyists said Repub- ance of the perspectives of many stake- come regular smokers, and 1,300 will licans refused to fight for the Senate tax holders. We believe the bill embraces die prematurely because of smoking. credits in order to punish Hollywood for hir- ing Glickman, a former House Member from the core principles that are necessary The bottom line is this: Congress had Kansas and secretary of Agriculture under to provide the Food and Drug Adminis- the opportunity to take a major step then-President Bill Clinton, to head the Mo- tration with comprehensive, meaning- forward in improving the health of tion Picture Association of America. ful and effective regulatory authority America’s children. But the Republican ‘‘The Glickman thing is going to cost over tobacco products. members of the House chose the to- them. No Republican will fight for the movie Together with our domestic tobacco bacco industry over our children—and industry,’’ said one GOP lobbyist for the in- dustry. operating company, Philip Morris USA, they should be held accountable for Another Republican lobbyist added: ‘‘They we enthusiastically support passage of that choice. were not overly helpful to Republicans, so your bill in its entirety.’’ There is one more item that did not Republicans don’t want to be overly helpful John Scruggs, vice president, Gov- make it into this bill, which I find to them.’’ ernment Affairs, Altria Group wrote deeply troubling. The Senate language Thomas, the chairman of the conference separately that the provision on FDA to protect overtime rights was removed deliberations, declined to comment on the regulation of tobacco ‘‘address[es] from the bill. This means that millions motivation for removing the tax credits for the movie industry. nearly all’’ of the ‘‘issues relating to of American workers may very well ‘‘I don’t deal with rumors and unconfirmed retailers’’ and we should ‘‘disregard the lose long-guaranteed job overtime pro- reports,’’ he said. strident and unfounded arguments of tection. This is a setback for the Amer- DeLay said he voted against the provision those who refuse to look to the future ican worker. because ‘‘it just cost too much.’’ and the need for change in the tobacco There are a number of items con- When asked whether the MPAA’s move in- fluenced his vote, DeLay said that employ- industry.’’ tained within this conference report ment decisions in the private sector ‘‘don’t Congress had the opportunity to fi- that I do support. This bill will provide enter into our consideration. That’s the first nally allow the FDA to regulate to- an expansion of the production tax time I ever thought of Glickman.’’ bacco—but it failed to do so. This is credit for renewable energy including A spokeswoman for the MPAA declined to deeply disappointing and shows the open-loop biomass, geothermal energy, comment on the vote. true colors of the House Republicans. and solar energy; a provision to elimi- Despite DeLay’s comments, Glickman was You may ask, what would FDA regu- on the minds of other Republican lawmakers nate the preferential treatment for in the past few weeks as votes on the tax bill lation of tobacco do to help stop smok- ethanol-blended gasoline. Without this neared, according to Republicans on the ing and prevent these premature provision, California would lose $2.7 Ways and Means Committee. deaths? FDA regulation of tobacco billion in highway funds over the next Before the vote, Rep. Mark Foley (R–Fla.), would do two important things. 5 years; and a provision that removes a a key Hollywood advocate, said he worried First, it would control the deceptive business tax deduction for the purchase that GOP resentment about Glickman’s hire and manipulative advertising used by could scuttle the tax credits for the studios. of gas-guzzling SUVs. ‘‘Thomas has said some things. I’ve heard cigarette companies. Young people These provisions do not make up for a lot of grumblings. They have said that across the country are bombarded the rest of the bill. I think we all would they thought that a Republican should have every day with deceptive advertising have supported a straight fix to the gotten’’ the job, Foley said. ‘‘Mr. Thomas and misleading claims made by ciga- WTO ruling, but this bill goes too far. has to acquiesce to the Senate language and rette manufacturers. It fixes the WTO problem, but then it right now that doesn’t look good with the The tobacco industry spends $11 bil- contains all these other giveaways. lingering resentment. That’s probably a lion on marketing their products. tough sell right now.’’ So what was a $49 billion problem to Foley added that the movie studios ‘‘may Their latest campaign involves ciga- solve becomes a $145 billion bill. This is get dealt a bad hand, but I’m not sure it’s rettes that come in fruit flavors and just plain wrong. I hope in the future based entirely on Mr. Glickman.’’ bright colors to target adolescents and that we can remedy some of the short- Rep. Jim McCrery (La.), a top Republican women. The cigarettes are given names comings of this bill, but on balance, on the Ways and Means Committee and a such as California Dreams, Midnight this is a deeply flawed billed which I member of the conference deliberations on Madness and Kauai Kolada. The car- simply cannot support.’’ the tax bill, said he did not think Glickman’s tons are a different shape and size so as hire was ‘‘a deciding factor’’ in the decision Mr. President, I ask unanimous con- by Republicans to exclude the movie studio to be hidden from unsuspecting parents sent to print in the RECORD a ‘‘Roll tax credits. and teachers. Call’’ article, to which I referred, and Still, he acknowledged that Republicans on And the manufacturer describes them three letters dealing with different pro- Capitol Hill were upset the MPAA tapped a by saying: ‘Each is as enchanting and visions of the FSC/EIT bill. Democrat for the position. mysterious as the darkest night. And, There being no objection, the mate- ‘‘It’s a fact that the Republicans control live in color with California Dreams the Congress and the Ways and Means Com- rial was ordered to be printed in the mittee so it’s a good idea to have someone ‘cigarettes in color’ for your individual RECORD, as follows: who can communicate with those who are in taste and attitude.’ This is truly a new [From the Roll Call, Oct. 7, 2004] power,’’ McCrery said. ‘‘It’s a consideration low. These slogans, these flavors, and STUDIOS TAKE HIT IN TAX BILL that any organization hiring a lobbyist these colored wrappers cannot hide the (By Brody Mullins) should take into account.’’ fact that cigarettes kill more than At issue is an international tax bill being Three months after Hollywood slapped the put together on Capitol Hill to replace $50 400,000 American each year—and that’s Republican Party by hiring Democrat Dan the second reason that FDA regulation billion in U.S. export subsidies that have Glickman to head its Washington trade asso- been struck down by the World Trade Orga- is so important. ciation, Congressional Republicans sliced nization. FDA regulation, over time, would more than $1 billion in tax credits for movie Current law provides movie studios such as ratchet down the carcinogenic and ad- studios from a far-reaching international tax MGM, Universal Studios and 20th Century dicting ingredients of tobacco prod- bill that the House and Senate plan to take Fox with about $600 million a year in tax ucts. Just think how many fewer up today. credits to export movies to other countries. Though the tax credits for Hollywood were Americans—young people, old people The tax incentive helped transform the included in a version of the bill approved by U.S. movie industry into one of the nation’s would avoid the addiction. the Senate this summer, a Republican-domi- leading exporters, surpassing exports of Today, 42 million Americans today nated conference committee voted Tuesday Boeing’s jets and Detroit’s autos, according are addicted to cigarettes and other to- evening to leave the provisions on the cut- to figures provided to Congress by the movie bacco products. A number of these will ting-room floor. industry.

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.081 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11207 When the export subsidy was found to be that you have offered to the FSC–ETI legis- has been done to address their concerns, is illegal by the WTO, Hollywood figured to be lation (S. 1637) pending in the Senate. unfair and unfounded. This is the same orga- one of the biggest losers. At issue was just S. AMDT. 2690 provides, in part, that the nization that expressly promised to remain how much they would lose. present-law ETI rules would remain in place neutral in 1998 when FDA legislation—with The Senate version of the corporate tax with respect to income from activities treat- far fewer protections for retailers—was de- bill would retain $350 million annually in ex- ed as ‘‘audiovisual services’’ under the Gen- bated in the Senate. port subsidies for the studios. The House bill, eral Agreement on Trade in Services Below are just a few of the inaccuracies authored by Thomas, provided less than $100 (‘‘GATS’’). contained in the attacks on this legislation million per year for the industry. Having previously served as USTR, I would that would finally empower FDA to work on In a partisan vote Tuesday evening, Repub- like to share with you my views regarding reducing the harm caused by smoking: licans on the conference committee rejected the consistency of your amendment with ap- All Retailers Treated Equally. The bill ex- an effort by Sen. Max Baucus (D–Mont.) to plicable trade law. The underlying legisla- pressly provides that any access and adver- include the Senate’s credits for the industry. tion (S. 1637) is intended to bring the United tising restrictions cannot discriminate Senators on the conference committee States into compliance with the World Trade against any category of retail outlet, and voted 14–8 to add the credits, but House Organization rulings that the ETI regime cannot favor ‘‘adult-only’’ stores over other Members voted along party lines against the violates the General Agreement on Tariffs kinds of outlets. industry. and Trade (‘‘GATT’’) prohibition on export- Enforcement Will be Fair, and Apply to A majority vote of both chambers is need- contingent subsidies. The GATT does not All. The bill requies FDA to contract with ed to add amendments to legislation in con- apply to ‘‘audiovisual services’’ governed by State officials for enforcement to the extent ference committee. the General Agreement on Trade in Services feasible. Some were quick to point out that Repub- (‘‘GATS’’). Further, the GATS does not in- Responsible Retailers Benefit. In total con- licans had legitimate policy reasons to vote clude any general prohibition against export- trast to some claims, the legislation explic- against the credits. contingent subsidies. itly provides a ‘‘good faith’’ defense against Grover Norquist, the president of Ameri- Thus, the adoption of S. AMDT. 2690, which enforcement actions for any retailer that cans for Tax Reform, said there were three would preserve ETI benefits for audiovisual takes the necessary steps to train its em- reasons Republicans voted against the movie services covered by the GATS, would not vio- ployees. The great majority of outlets that industry provisions: ‘‘One, it’s bad tax policy late GATT or contravene the WTO rulings. take pride in working hard to keep tobacco because it’s industry specific. Two, it’s bad Sincerely, products away from kids should have noth- tax policy because it subsidizes an industry CARLA A. HILLS. ing to fear from enforcement of FDA rules. for signing bad labor contracts and, three, New Tools for Retailers. Under the author- Hollywood has recently expressed contempt MAYER, BROWN, ROWE & MAW, ity granted to FDA under the legislation, the for the Republican leadership in the House, Washington, DC, March 19, 2004. agency will be authorized to implement all Senate and White House.’’ Hon. DIANNE FEINSTEIN, manner of innovative new tools to assist re- Well before the Glickman hire, Repub- U.S. Senate, tailers with their compliance efforts, includ- licans on Capitol Hill have been unhappy Washington, DC. ing electronic age verification. Moreover the with Hollywood and its Washington trade as- DEAR DIANNE: I am writing with respect to legislation is adequately funded, to better sociation. your amendment (S. AMDT. 2690) to S. 1637, ensure that new approaches can be pursued. Since 1990, U.S. movie studios and Holly- the JOBS Act, that would repeal the current Advertising Restrictions Are Subject to wood executives have contributed $42 million FSC/ETI tax regime in order to bring the Review. Some of the advertising restrictions in political donations to Democrats, while U.S. into compliance with the WTO rulings FDA issued in 1996 may well be unconstitu- giving just $6 million to the GOP, according in this case. tional; that is exactly why the DeWine/Ken- to figures from the nonpartisan Center for As a former U.S. Trade Representative, I nedy bill empowers FDA to re-examine those Responsive Politics. would like to share my views regarding the rules to ensure that they comport with the After controversial documentary consistency of your amendment with appli- First Amendment. And, even if the agency filmmaker Michael Moore began promoting cable trade law. Specifically, your amend- decides not to change them, interested par- ‘‘Fahrenheit 9/11’’ this spring, GOP bitter- ment would allow the ETI rules to remain in ties would still be able to test them in court, ness against Hollywood spilled over in a place for income from activities defined as where any remaining Constitutional objec- closed-door Republican meeting. ‘‘audiovisual services’’ under the General tions can and will be resolved. During the meeting, Manzullo complained Agreement on Trade in Services (GATS). The Beyond these specific points, the argu- that the international tax bill being crafted WTO decisions in the FSC/ETI cases found ments advanced by one national retailer as- by Thomas and the Ways and Means Com- that the U.S. FSC/ETI regimes violated pro- sociation conveniently make no mention of mittee included expensive tax breaks for the visions in the Agreement on Subsidies and some key benefits the legislation provides movie studios while small businesses and Countervailing Measures (SCM Agreement), for retailers—enlisting FDA in the fight manufacturers were losing thousands of jobs. which is a part of the General Agreement on against counterfeit tobacco products, and ‘‘Why should we vote on an international Trade and Tariffs (GATT). The GATT gov- authorizing the agency to regulate Internet tax reform bill that rewards Hollywood while erns trade in goods, while the GATS covers sales to ensure that kids can’t buy tobacco disadvantaging our nation’s manufacturers,’’ trade in services. Audiovisual services are online. Both of these provisions could result Rep. Don Manzullo (R-III.) asked in a letter covered by the GATS and are not subject to in substantial long-term benefit for brick- he sent to his colleagues. the SCM agreement, and thus are not within and-mortar retailers for years to come. Other Members agreed. Thomas quickly the purview of the WTO FSC/ETI decisions. I respectfully request that you disregard watered down the industry’s tax credits and Further the GATS does not include any gen- the strident and unfounded arguments of the situation seemed to go away. eral prohibition against export-contingent those who refuse to look to the future and But Hollywood infuriated Congressional subsidies. the need for change in the tobacco industry, Republicans again in early July when the It is my view that adoption of the S. from growers to manufacturers to retailers. MPAA announced its hire of Glickman. AMDT. 2690, which preserves benefits for Thank you for your consideration of the Two weeks after Glickman was hired, Sen. audiovisual services covered by the GATS, DeWine/Kennedy/McConnell amendment. Rick Santorum (R–Pa.) convened a meeting would not violate or contravene the WTO Sincerely, of top Republicans to discuss the move. rulings in the FSC/ETI case. JOHN F. SCRUGGS, In the weeks leading up to the tax vote, Sincerely, Vice President, Government Affairs. Republicans continued to whisper about pun- MICKEY KANTOR. ishing the MPAA. As a result, Glickman has ALTRIA GROUP, INC., let it be known that he is looking to hire a ALTRIA GROUP, INC., New York, NY, May 20, 2004. big-name Republican lobbyist to join him at Washington, DC, July 15, 2004. Hon. MIKE DEWINE, the MPAA after the November elections. U.S. SENATE, Hon. EDWARD M. KENNEDY, In the meantime, supporters of the indus- Washington, DC. U.S. Senate, try on Capitol Hill, like Foley, hope the DEAR SENATOR: After many years of de- Washington, DC. whole thing will blow away. ‘‘There may be bate, the Senate today is considering com- DEAR SENATORS DEWINE AND KENNEDY: It a few people’s noses out of joint, but people prehensive tobacco legislation that will ad- has been a pleasure to work with you on the get over these things pretty quickly,’’ Foley dress a range of issues important to all Family Smoking Prevention and Tobacco said. Americans, from the diseases caused by Control Act. This legislation has the poten- smoking to the plight of our nation’s to- tial to reduce the harm caused by smoking, HILLS & COMPANY, bacco farmers. There were some legitimate and to establish clear rules applicable to all Washington, DC, March 19, 2004. issues connected to FDA regulation of con- manufacturers of tobacco products sold in Hon. DIANNE FEINSTEIN, cern to retailers; the good news is that the this country. U.S. Senate, DeWine/Kennedy bill has already addressed The DeWine/Kennedy bill is the result of Washington, DC. nearly all of these. The continued opposition many difficult choices and compromises by DEAR SENATOR FEINSTEIN: I write with re- of one national retailer group to this impor- all those involved, and it reflects a balance spect to the amendment (S. AMDT. 2690) tant legislation, notwithstanding all that of the perspectives of many stakeholders. We

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.040 S11PT1 S11208 CONGRESSIONAL RECORD — SENATE October 11, 2004 believe the bill embraces the core principles tax on federal income or received re- their leadership during the conference that are necessary to provide the Food and bates from the Treasury in at least one negotiations and bringing this bill to Drug Administration with comprehensive, year from 2001 to 2003. completion. meaningful and effective regulatory author- In the years they paid no income tax, We’re here, after nearly 2 years of ity over tobacco products. Together with our domestic tobacco oper- these 82 companies reported $102 billion discussion and work on legislation ating company, Philip Morris USA, we en- in pretax U.S. profits. Moreover, in- that, once enacted, will jumpstart the thusiastically support passage of your bill in stead of paying $35.6 billion in income manufacturing sector of our economy its entirety. We hope the Senate will give taxes as the statutory 35 percent cor- and create jobs. Indeed, although this your legislation favorable consideration at porate tax rate required, these compa- legislation is to repeal the FSC/ETI the earliest opportunity. We stand ready to nies received tax rebate checks from rules and stop the imposition of WTO work with you and others in support of your the U.S. Treasury totaling $12.6 billion. sanctioned trade tariffs, the real rea- bill. Among the bill’s many important features These rebates meant that the compa- son we must pass this legislation is to are: nies made more after taxes than before assist our struggling manufacturers FDA would be given the authority to im- taxes in those no-tax years. throughout the country. pose performance standards for the design Twenty-eight corporations enjoyed According to the National Associa- and manufacture of cigarettes in order to re- negative federal income tax rates over tion of Manufacturers, between Janu- duce the harm caused by smoking. Under the the entire 2001–2003 period. These com- ary 2001 through January 2004, manu- bill, FDA would, as part of its effort to re- panies, whose pretax U.S. profits to- facturing employment in our Nation duce or eliminate harmful ingredients and taled $44.9 billion over the 3 years, in- declined by 16 percent. In New England, smoke constituents, consider whether a new ¥ performance standard would significantly in- cluded: Pepco Holdings ( 59.6 percent there was a 20 percent decrease in man- crease the demand for contraband cigarettes. tax rate), Prudential Financial (¥46.2 ufacturing employment during that We believe this is an important consider- percent), ITT Industries (¥22.3 per- same time period. This means that be- ation in order to prevent the unintended con- cent), Boeing (¥18.8 percent), Unisys tween January 2001 and January 2004, sequences of black market cigarettes. It is (¥16.0 percent), and CSX (¥7.5 per- New England’s manufacturing sector also important that the bill provides the cent), the company previously headed employment declined by an alarming FDA cannot ban the sale of cigarettes to by Secretary of the Treasury Snow. 28 percent faster rate than it did na- adults. The bill would change the language of the General Electric topped the corporate tionally. current cigarette health warnings, substan- tax breaks recipients with $9.5 billion My home State of Maine has shed tially enlarge the size and authorize FDA to in tax breaks over 3 years. manufacturing jobs at an alarming require new warnings in the future. The bill The average effective rate for the 275 rate over the past decade and all the would not, however, change the Supreme Fortune 500 companies was only 17.2 more so in the past two years. From Courts rulings regarding the product liabil- percent in 2002–2003, though the cor- January 1993 through June 2003, a 101⁄2 ity implications of compliance with warning porate tax rate is 35 percent. year period, Maine lost 18,900 manufac- requirements. How is this happening? Accelerated turing jobs. More specifically, from The bill would authorize FDA, as well as depreciation. Legislation adopted in states and localities, to replace the time, July 2000 to June 2003, Maine has lost place and manner of cigarette advertising 2002 and 2003 vastly increased corporate 17,300 manufacturing jobs, the highest and promotion, consistent with the First write-offs for ‘‘accelerated deprecia- loss of any state during that time pe- Amendment’s protection of commercial free tion’’ and made it easier for corpora- riod. speech to adults. tions to use their excess tax subsidies Our objective was clear: not only The bill provides that FDA’s product to generate tax-rebate checks from the must we adopt a conference report that standards would be consistent on a nation- U.S. Treasury, at a 3-year cost of $175 complies with international trade law, wide basis. billion. but more importantly, we need to offer FGA would be authority to combat the ex- istence of counterfeit, contraband and other Offshore tax sheltering. Over the past our country’s manufacturers a solution illicit tobacco products. decade, corporations and their account- that will jumpstart their production The bill contains a number of other provi- ing firms have become increasingly ag- and create jobs, and we must do so sions that would benefit the public health gressive in seeking ways to shift their now. As a result of our loss at the and provide important oversight for all to- profits, on paper, into offshore tax ha- WTO, certain U.S. goods exported to bacco manufacturers. For example, FDA vens, in order to avoid their tax obliga- Europe are being hit with a 12 percent would be authorized to: conduct educational tions. Corporate offshore tax sheltering tariff. Critically, this bill will remove efforts regarding the dangers of tobacco use; is estimated to cost the U.S. Treasury take new steps to curb underage tobacco use; that tax on our exports. strictly regulate new tobacco products that anywhere from $30 to $70 billion a year. Were we to neglect this duty to en- may reduce the risk of disease or exposure to Senator LEVIN has been aggressive in sure that our nation’s manufacturers harmful compounds in cigarette smoke; and trying to close these loopholes and are simply given the chance to com- ensure that tobacco products are not adul- some of his ideas were adopted in the pete on a level playing field with for- terated. Senate version of the Jumpstart Our eign competitors, we would only be As noted above, you have attempted to ad- Business Strength (JOBS) bill. compounding the current situation. dress the views of a wide range of stake- Stock options. Of the 275 corpora- Instead, this conference report will holders in your FDA bill. We look forward tions studied, 269 received stock-option ‘‘reallocate’’ the nearly $50 billion in working with all stakeholders in order to make progress on the many issues sur- tax benefits during the 2001–2003 peri- revenues that replacing the FSC/ETI rounding tobacco use in this country. In par- ods, which lowered their taxes by a rules will generate and provides an ad- ticular, we believe it is imperative that the total of $32 billion over three years. ditional $25 billion towards a tax de- plight of the American tobacco grower be ad- Microsoft had the largest tax savings duction for our manufacturers. I am dressed. We believe it is time for a tobacco with $5 billion. pleased that the conference report fol- quota buyout and we hope to be able to work Tax credits. The federal tax code pro- lows the Senate manufacturing deduc- with you and other stop make that a reality. vides tax credits for companies that en- tion that is available to all domestic Your bill is a truly historic opportunity to gage in research, exporting, hiring low- establish, for the first time, a comprehensive manufacturers and does not discrimi- and coherent national tobacco policy. Thank wage workers, affordable housing, and nate based on the manufacturers entity you for your leadership and for the hard enhanced coals usage. For example, classification. work of your staffs on this extremely impor- Bank of America cut its taxes by $590 Indeed, the original legislation in the tant legislation. million over 2001–2003 by purchasing af- House would have extended the tax re- Sincerely, fordable-housing tax credits. lief benefits solely to regular corporate STEVEN C. PARRISH. Ms. SNOWE. Mr. President, I rise entities, or C-corporations. In the Sen- Mrs. FEINSTEIN. A September 22, today to express support for this con- ate, I fought to secure the benefits for 2004 report by the Citizens of Tax Jus- ference report on the American Jobs S-corporations and partners in partner- tice and the Institute of Taxation and Creation Act of 2004. At the outset, I ships as well. Economic Policy reveals that 82 of the commend Finance Committee Chair- This decision to provide a manufac- 275 (30 percent) large and profitable, man GRASSLEY and Ways and Means turing deduction that is not entity spe- Fortune 500 companies studied paid no Committee Chairman BILL THOMAS for cific, rather than a corporate income

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.060 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11209 tax cut, is cruial because the ETI rules shipbuilders are permitted to utilize nearly 50 hours in order to learn the applied not only to corporations but this 40/60 treatment for only 5 years law, perform the necessary book- also to S-corporations. As small busi- rather than the 8-year period under my keeping, and complete the forms in ness manufacturers constitute over 98 amendment. This 5-year period for order to claim a depreciation deduction percent of our nation’s manufacturing commercial shipbuilders is appropriate for an average amount of depreciable enterprises, employ 12 million people, for them because most commercial property. That is valuable time that and supply more than 50 percent of the ships take no more than three years to the owner must take away from run- value-added during U.S. manufac- build. However, as many navy ship- ning the business. And in too many turing, it is imperative that we do not builders spend at least 8 years when cases, it translates into additional fees increase taxes on our country’s job cre- building submarines, aircraft carriers, for accountants to figure out these in- ators—small businesses. and destroyers, a 5-year window for decipherable depreciation rules. In the face of record deficits, this bill them is simply inadequate. Con- By maintaining the $100,000 limita- also maintains our fiscal responsibility sequently, this amendment provides for tion, small businesses will save time by including offsets that will crack an 8-year window because that is the and accounting costs, freeing them to down on abusive tax cheats. Both the necessary time to assist the majority spend their scarce time and resources Senate and House bills contain a vari- of our navy shipbuilders. on what they do best—running success- ety of provisions that stop the pro- Let me stress that this provision in ful businesses and creating jobs in liferation of abusive tax shelters. En- no way reduces the amount of taxes America. acting these rules and other revenue that these shipbuilders ultimately pay. I am also pleased that the report in- offsets will ensure that we will be able Rather, it merely allows them to defer cludes my amendment to modify the to pay for this bill without adding to paying their taxes until their profit is unrelated business taxable income the deficit. This was a key priority for actually known, just as commercial rules to allow small business invest- me during this conference and I am shipbuilders are already permitted to ment companies to receive investments pleased that the conference supported a do. from tax-exempt entities. By enacting revenue neutral final bill. Not only does this change embody this provision into law, small busi- I am also pleased that the conference sound tax policy, but so too does it im- nesses will have better access to cap- report includes a provision that will re- prove our National Security. Indeed, ital through the Small Business Invest- store equity and fairness into the tax this provision is limited exclusively to ment Company Program. code for our country’s naval ship- naval shipbuilders, that are charged Small Business Investment Compa- builders. with building our Navy’s fleet of ships nies are government licensed, govern- Quite simply, this provision would that protect our homeland. During this ment regulated, privately managed put navy shipbuilders on par with com- time of war, the last thing we should venture capital firms created to invest mercial shipbuilders in that they would do is allow an inequity in the tax code only in original issue debt or equity se- be able to pay a portion of their income to cause these companies financial curities of U.S. small businesses that taxes upon delivery of the ship rather hardship that might affect their pro- meet size standards set by law. In the than during construction. Currently, duction and output. I am certainly not current economic environment, the navy shipbuilders must estimate prof- saying these companies should get a SBIC program represents an increas- its during the construction phases of free pass, and this provision in no way ingly important source of capital for the shipbuilding process, and they provides them with one, but what I am small enterprises. must pay tax on those estimated prof- saying is that they deserve to be treat- While Debenture SBICs qualify for its—a process known as the ‘‘percent- ed fairly given the instrumental role SBA-guaranteed borrowed capital, the age of completion method’’ of account- they play for our Nation, and this government guarantee forces a number ing. amendment will do just that. of potential investors, namely pension The major shortcoming of this meth- This conference report contains a funds and university endowment funds, od is that shipbuilders must report great many benefits for small busi- to avoid investing in SBICs because the progress payments as ‘‘revenue’’ rather nesses that will play a vital role in im- woul be subject to tax liability for un- than as a source of financing, whch had proving our economy. For example, the related business taxable income UBTI. been recognized and permitted for the report includes an amendment I offered More often than not, tax-exempt inves- 64 years between 1918 and 1982. Addi- that will extend the current $100,000 tors opt to invest in venture capital tionally, this accounting method cre- small business expensing limitation funds that do not create UBTI. As such, ates a ‘‘legal fiction’’ of an ‘‘interim and $400,000 phase-out through the end an estimated 60 percent of the private- profit,’’ when in reality a profit or loss of 2007. Although the Jobs and Growth capital potentially available to these is not reasonably known until after a Tax Act increased these levels from SBICs is effectively ‘‘off limits.’’ ship is completed. This places a finan- their previous $25,000 limitation and The amendment I offered corrects cial burden on shipbuilders during the $200,000 phase-out, these limits will this problem by excluding government- critical construction phase, reduces the sunset at the end of 2005 and return to guaranteed capital of Debenture SBICs resources available to invest in facili- those lower levels. I believe it is imper- from debt for purposes of the UBTI ties and process to reduce construction ative to inject certainty into the tax rules. This change would permit tax- costs, places a burden on the cash flow code so our small business owners can exempt organizations to invest in management of the shipbuilder, and plan accordingly in purchasing the cap- SBICs without the burdens of UBTI weakens the financial health of the de- ital and equipment they need to run record keeping or tax liability. fense shipbuilding industrial base. their operations, and this amendment As a result, small businesses will The provision in the conference eport will go a long way toward doing so. have greater access to capital, enabling will permit navy shipbuilders to pay 40 It was imperative that Congress take them to grow and hire new employees. percent of their estimated income tax action to extend these benefits for our According to the National Association during the contract and pay the re- Nation’s small businesses. By doing so, of Small Business Investment Compa- maining 60 percent in the year in which qualifying businesses will be able to de- nies, a conservative estimate of the ef- construction is completed. In addition, duct more of their equipment pur- fect of this amendment would be to in- shipbuilders will be able to report their chases in the current tax year rather crease investments in Debenture SBICs taxes on a ship-by-ship basis rather than waiting 5, 7, or more years to re- by $200 million per year from tax-ex- than on a contract-by-contract basis, cover such costs through depreciation. empt investors. Together with SBA- which therefore reduces the potential This change represents substantial sav- guaranteed leverage, that will mean as for abuse. ings both in tax dollars and also in the much as $500 million per year in new Now, naval shipbuilders will be able time small businesses would otherwise capital assets for Debenture SBICs to to pay their income taxes in a manner have to spend complying with the com- invest in U.S. small businesses. similar to how commercial ship- plex depreciation rules. Moreover, as people know, Maine is a builders pay their taxes. The main dif- For example, the IRS estimates that rural State. In that light, I am pleased ference, though, is that commercial a taxpayer should expect to invest that this bill contains important to the

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.052 S11PT1 S11210 CONGRESSIONAL RECORD — SENATE October 11, 2004 timber industry patterned after S. 1381, that, and will in turn provide a key in- tion will increase the competitiveness the Reforestation Tax Act, a bill I in- centive for film makers to make their of domestic shippers because it allows troduced last year. products in the United States. them to pay their taxes in a more effi- Under the conference report, owners Another ‘‘job-creating’’ provision cient, less complicated manner, which of timber lands would be able to elect contained in the bill is a provision that in turn will allow them to spend less to immediately deduct their reforest- I was pleased to cosponsor that will po- time and money in trying to navigate ation expenditures on their timber tentially increase the number of tax- the complicated Tax Code. property—up to $10,000 per year. This payers that are eligible to claim new Notwithstanding all of the consider- change would allow taxpayers to re- markets tax credits. Without question, able benefits contained in this con- coup more of their investments in the new markets tax credit program ference report, I want to take a mo- qualifying timber property at a more has had a profound impact on my home ment to lament the report’s coverage rapid pace, thereby encouraging invest- state. This conference report will fur- of tobacco legislation. ments in reforestation and strength- ther improve that program by extend- As you all know, the Senate reached ening the future growth of our forests. ing the geographic area to low-income an important compromise on the issue The bill provides other relief important communities regardless of whether of tobacco in order to get this bill to to the timber industry, such as the they fell under the previously-des- conference by adopting both an indus- ability to treat outright sales of timber ignated census tracts. Indeed, this pro- try-funded buyout of tobacco growers’ as a capital gain and be taxed at a vision will benefit rural communities quotas and a grant of authority to the lower rate. Likewise, it contains a pro- throughout America, particularly Food and Drug Administration to regu- late tobacco. The agreement crafted by vision to allow real estate investment those in Maine, because now areas will my colleagues, Senators DEWINE, KEN- trusts that own timberland to avoid a qualify for this critical investment op- NEDY, and MCCONNELL, would have 100 percent penalty tax when they sell portunity based on their income and given the FDA the authority to require timber land in the ordinary course of not on an arbitrary ‘‘census tract’’ de- tobacco manufacturers to list the in- their business. With foreign competi- termination. gredients on all of their packaging; to tion in the timber industry fierce, This report contains even more tax submit specified health information to these provisions will enhance the abil- incentives to encourage job creation the FDA for analysis; to regulate sale, throughout America. For example, rail ity of U.S. timber companies to com- distribution, and advertising related to operators will not be able to claim a pete. tobacco; and to force the cigarette Furthermore, I am pleased that tax tax credit based on the amount of ex- makers to substantiate, through sci- credits for biomass facilities are in- penses incurred to maintain and up- entific testing, any labels they might cluded, which are similar to the ones I grade short-line railroad tracks. Insur- use to indicate that their product introduced. For the first time, the cur- ance companies will now not incur a posed a lower health risk, such as rent production tax credit will be penalty tax on old policy holder in- ‘‘light,’’ ‘‘mild,’’ or ‘‘low.’’ available to biomass facilities that use come when they restructure their oper- I believe FDA regulation of tobacco waste products to produce energy. This ations, which in turn will permit them is imperative because we simply can- will put the industry, currently at a to save this money and reinvest it in not afford to ignore the toll that smok- competitive disadvantage, on a more their operations. ing has taken on our society. Every equal footing with other renewable Clearly, the provisions in this bill to year 400,000 Americans die as a result power, such as wind. The biomass fa- assist our manufacturing base are nu- of cigarette smoking, and approxi- cilities in my state of Maine are not merous, deserved, and long overdo. mately 8.6 million people suffer from only an alternate electricity-producing Fortunately, however, we were also smoking-related illnesses or condi- source, but they supply good paying able to provide other sectors of our tions. In addition to the human cost, jobs in rural areas of the state and are economy with much needed tax relief. these staggering numbers have taken a a large source of tax revenues. For example, the bill contains a provi- financial toll on our country’s health The Maine biomass industry uses for- sion to permit rural letter carriers to care system as well: annual public and est waste, such as those unused por- deduct more of their carrier expenses. private health care expenditures tions of trees—tops and limbs—that are In addition, the report contains a pro- caused by smoking amount to over $75 not put into making paper products, to vision that will allow fishermen to ‘‘av- billion, $23.5 billion of which is shoul- produce electricity at their biomass erage’’ their income over a period of dered by federal and state govern- plants. This helps to lessen the use of several years to account for the cycli- ments. fossil fuel to make electricity. Since a cal nature of their industry and to en- Even more disturbing is the fact that barrel of crude oil has gone over $50 a sure they will be able to fully take ad- the next generation is being targeted barrel for the first time in history in vantage of the losses that unfortu- by ‘‘Big Tobacco’’ while they are still recent days, these savings help what is nately often arise in their business. in middle and high school. Virtually all becoming a critical—and expensive— I am also pleased that the conference of my colleagues have been visited in situation. Using the forest waste also report includes measures I cosponsored the past several weeks by members of helps avoid an environmental and safe- to assist our Nation’s shipping indus- the Coalition for Tobacco Free Kids, ty problem the mills would have if they try. For example, the Report includes a who brought in samples of new candy- had to store the wood waste on site. provision to permit shippers that ad- flavored cigarette packs such as ‘‘Car- Additionally, the report contains a here to the ‘‘two ship’’ rule to avoid ibbean Chill,’’ ‘‘Midnight Berry,’’ and provision that co-sponsored that will falling under the complex, cumbersome ‘‘Mocha Taboo.’’ Everyone knows that greatly benefit our domestic film in- subpart F rules. While the subpart F lifelong adult smokers have no interest dustry, which is an industry that plays rules have an important role under the in buying these flavored cigarettes. a vital role in the economy of our tax code in preventing the deferral of That kids are the targets of this mar- country and also in my home state of passive investment income, shippers keting is consistent with a Brown & Maine. should not be subject to them regard- Williamson memorandum uncovered 6 Film makers will now be able to de- ing their profits earned from their ac- years ago which stated, ‘‘It’s a well duct up to $15 million of qualified costs tive shipping business. known fact that teenagers like sweet during the first year of production. The An additional provision that will products. Honey might be considered.’’ remaining costs incurred will then be benefit our shippers is one that will In the final analysis, I wanted to vote amortized over a 7-year period. Similar permit them to satisfy their tax liabil- for a conference report that contained to the small business expensing provi- ity in a manner similar to how shippers the Senate’s tobacco provisions. As we sion, it is critical that we provide tax- in other countries pay their taxes. Spe- know, the Senate conferees agreed and payers with opportunities to recover cifically, the report contains a provi- voted 15–8 to include FDA regulation in their costs in a more expeditious man- sion to permit shippers to elect to pay the conference report—but the House ner rather than under the time-con- tax on the ‘‘tonnage’’ of weight of their rejected its adoption. Failing that, I suming and cumbersome depreciation freight, rather than a tax based on would have wanted the buyout provi- rules. This film provision provides just their income. Providing for this elec- sion stricken as well, and I voted for an

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.053 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11211 amendment in conference to do just overdue. In the end, the provisions of of tobacco by a vote of 78 to 15. The that, but that was also rejected. In this bill will bolster our manufacturing legislation was a hard fought and short, at every opportunity I supported base, increase the attractiveness of painstakingly crafted balance between FDA regulation. At the end of the day, doing business in the United States and public health and struggling farm the conference report—designed to cre- give a jumpstart to business, particu- economies. Now it is gone from the ate jobs, bolster our exports overseas, larly small businesses, to create jobs. bill, but the tobacco buyout remains. and end the penalties against Maine’s I urge my colleagues to support this The conferees dropped FDA regulation and America’s manufacturers—was conference report. even as the tobacco industry inflicts simply too critical to the economic fu- Mr. DURBIN. Mr. President, this leg- terrible damage on people’s health. It ture of our nation, and therefore I islation began as a modest effort to re- kills more Americans than AIDS, alco- voted for this vital jobs bill. peal an illegal export subsidy. It has hol, car accidents, murders, suicides Likewise, I am disappointed that this grown to 633 pages with nearly $140 bil- and fires combined 400,000 people a conference report failed to include an lion in corporate tax breaks over the year. Every day, 4,000 children will try important provision in the Senate bill next decade. The conference report re- a cigarette for the first time and 2,000 that would have benefitted our mili- places the $50 billion export subsidy will become regular smokers. Of those tary reservists. Under the Senate bill, with a $77 billion manufacturing tax 2,000, one third will die prematurely of businesses would have received a tax cut—a net tax cut for domestic manu- smoking related illnesses. credit for payments made to an em- facturing of $27 billion after the loss of We have missed an opportunity to ployee who was called to active mili- the subsidy, $43 billion in tax breaks on protect children from tobacco addic- tary reservist duty. Proudly, I sup- overseas income, and $17 billion in tax tion and save them from premature ported this provision when it was of- breaks for special interests. death. If you think I am overstating fered to the Senate bill, and I sup- The bill does not include FDA regula- the case, look at the tobacco industry’s ported it during the Senate and House tion of tobacco, a Senate-passed provi- latest advertising campaigns to attract sion to block new overtime rules that conference. Nevertheless, the final re- our children to candy-flavored ciga- hurt workers, and a Senate-passed pro- port, regrettably, failed to include this rettes: R.J. Reynolds has recently mar- vision giving a tax break to companies sensible, deserved tax relief. While we keted Kauai Kolada cigarettes, with that make up the pay gap for activated must pass this conference report to ‘‘Hawaiian hints of pineapple and coco- stop the imposition of World Trade Or- Reservists and Guardsmen. It does include a tobacco buyout that nut,’’ and Twista Lime cigarettes, de- ganization tariffs, I am deeply dis- gives most of the benefits not to small scribed as ‘‘a citrus tiki taste sensa- appointed we did not take this oppor- farmers but to anyone who owns to- tion.’’ tunity to compensate our military re- bacco quotas and will do nothing to Without FDA authority, the tobacco servists and their employers for their help farm communities, a huge amount companies will continue to target our sacrifices. Unquestionably, I hope and of corporate pork, and almost twice as children with their products. We talk expect that addressing this issue will much in new international tax breaks about Leaving No Child Behind when it be one of the first items we consider as in domestic manufacturing tax comes to education. We should not when Congress reconvenes next year. breaks, which will encourage compa- leave them behind when it comes to to- Finally, the bill before us today is si- nies to move operations and assets bacco either. lent on an issue of great importance to abroad. It also uses the same account- The Senate version of the bill working Americans—the administra- ing tricks as the previous Bush tax blocked the Bush administration’s new tion’s new regulations updating over- cuts to make the bill appear revenue rules that stripped the right to over- time eligibility requirements that neutral when it will actually cost bil- time pay from six million Americans. could deny millions of workers the lions. For workers who receive overtime pay, overtime pay protections guaranteed The Senate approved a tobacco that overtime compensation accounts by the Fair Labor Standards Act, buyout with $2 billion in transition as- for 25 percent of their paychecks. So FLSA. In May, I was one of 52 Senators sistance to communities that depend the Bush administration’s regulations who voted in support of the Harkin on tobacco production. The conference slash the paychecks of hundreds of amendment to the Senate FSC/ETI bill report drops this assistance entirely. thousands of Americans by 25 percent. which would clarify that the adminis- The Senate approved a buyout with Both the Senate and House have tration’s regulations can result in no limitations on who would be eligible. voted to block the overtime rules. This worker losing their overtime eligi- This was an attempt to make sure clearly has the support of a majority of bility. In September, both the House of small farmers got most of the benefit. both the House and the Senate, yet it Representatives and the Senate Appro- Farmers had to be actively engaged in was stripped in conference. Corpora- priations Committee voted decisively production in the last few years and tions are getting huge tax breaks from to overturn the new overtime regula- quota holders had to be in the system this bill, but not one worker will have tions. since 2002. Those restraints were com- his or her well-earned overtime pay re- At issue is a Department of Labor pletely dropped in conference. Under stored. regulation, which went into effect in this bill, 80 to 85 percent of the people This bill is loaded with $17 billion in August, updating the so-called ‘‘white who benefit are quota owners who special interest tax breaks. Does any- collar exemptions’’ to the FLSA over- don’t qualify as growers, according to one outside the Finance Committee time protection. While DOL asserts the Wall Street Journal. really know everything that is in this that 107,000 middle- and upper-income In Kentucky, Virginia, North Caro- bill? Does anyone inside the room even workers will lose their overtime eligi- lina, and Wisconsin, beneficiaries in- know? Some of the tax breaks it in- bility under the proposal, other sources clude country clubs, churches, colleges, cludes are: put the number of affected workers as universities and high schools that own $500 million for railroad companies; high as six million. Whatever the final land in tobacco-growing counties. $494 million for restaurant owners; impact of the DOL’s changes on Amer- Larry Flynt and his brother Jimmy $234 million for beer, wine, and hard ican workers, I have serious concerns own land that had a quota to grow 600 liquor producers; as to whether this is the right time to pounds of tobacco in 2003, according to $101 million for NASCAR track own- take steps to jeopardize the right to the Environmental Working Group. ers; overtime pay, which provides economic They will benefit from the buyout. The $44 million for ceiling fan importers, security for so many American fami- Wall Street Journal quoted Jimmy inserted at the request of Home Depot; lies. As such, I was disappointed that Flynt, president of Hustler Entertain- $42 million for Hollywood producers; the Harkin amendment was not in- ment, on the buyout. He said: $28 million for cruise ship operators, cluded in the FSC/ETI conference re- We got out of the tobacco business and which greatly benefits Carnival Cor- port. into the porn business. We walked away from poration and Royal Caribbean; This bill is a historic achievement that blood, sweat and tears. $11 million for makers of tackle and will benefit our economy. Many of The Senate approved a tobacco boxes, which will benefit Plano Mold- these changes to the tax code are long buyout combined with FDA oversight ing Corporation, a company

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.054 S11PT1 S11212 CONGRESSIONAL RECORD — SENATE October 11, 2004 headquartered in the district of the abroad and to shift profits to low-tax The oil and gas industries were never Speaker of the House, Dennis Hastert; locations. Even corporate executives eligible for the FSC/ETI export sub- $9 million for makers of bows and ar- admit they are moving assets and oper- sidy, but they will get the manufac- rows; ations overseas. In February of this turing benefit, even though oil prices A $9 million break on customs duties year, the Financial Times quoted one are at historic highs. for the importation of steam genera- corporate tax official as saying: Corporate farms, but not family tors and nuclear reactor vessel heads, You only have to look at the way we tight- farms, will be eligible. inserted at the request of General Elec- en our belts in the United States through Engineering firms like Bechtel and tric; layoffs to understand what is happening. Halliburton will be eligible. $4 million for makers of sonar fish More than a dozen companies such as Starbucks secured a provision declar- finders; Tyco, Foster Wheeler, and Ingersoll ing that coffee roasting is a form of $4 million for native Alaskan Rand have relocated their headquarters manufacturing, so the company will whalers; to foreign tax havens in the past dec- benefit from the tax cut. $27 million for foreign gamblers who ade alone. And jobs are moving abroad Deceptive figures to make the bill win at U.S. horse and dog tracks. as well. Since President Bush took of- appear revenue neutral. Is the intention of this bill to give fice, 2.7 million manufacturing jobs The bill’s supporters say it is revenue tax breaks for foreign gamblers who have been lost. It is no mystery where neutral. But since 2001, the Republican win at U.S. horse and dog tracks? I these jobs have gone: out of the coun- leadership has repeatedly relied on thought the point of this bill was to try in search of cheap labor and low budgetary gimmicks to hide the true solve the FSC/ETI problem so that U.S. tax rates. We should not encourage this cost of their tax cuts. This bill is no goods would no longer face tariffs kind of behavior with new tax breaks different. It will increase the deficit at abroad, and perhaps to promote domes- on overseas operations. a time when it is at record levels. tic manufacturing. After all, it is Some of the $43 billion in inter- The Congressional Budget office re- called a ‘‘JOBS’’ bill by its authors. So national tax breaks include: ported last week that we had a $415 bil- now we have to entice foreigners to An $8 billion tax break that makes it lion deficit in 2004. This is $41 billion visit the United States and plunk down easier for companies to use taxes on higher than last year. It is the fourth their money at the track, by giving one kind of foreign income to reduce straight year of increasing deficits. them tax breaks on their winnings, in what they owe on foreign income of a This is the first time since World War order to create jobs in the United different type—General Electric pushed II that we have had 4 consecutive years States? hard for this provision and got it; The conference report does not just A $7 billion tax break that allows of increasing deficits. include a huge amount of pork. It also companies to carry their foreign tax Because of the huge deficit, the fails to effectively close corporate tax credits forward for 10 years, compared Washington Post reported on Friday loopholes. The Senate version banned to the current law that allows only 5 that the White House has ordered a accounting techniques that have no years; draft budget for 2006 that cuts Home- A $5.6 billion tax break that allows economic purpose except to shield cor- land Security, Veterans Affairs, and companies to reclassify domestic in- porate income from taxes. This would Education. come as foreign income to take advan- have saved $15 billion in lost tax rev- The bill slowly phases in the manu- tage of unused foreign tax credits; enue over the next 10 years. The con- facturing tax cut over 5 years. Because A $3.3 billion tax holiday to encour- of the phase-in, about one-third of the ferees refused to include this measure. age companies to bring foreign profits The bill also fails to take a strong total cost is concentrated in the last 2 back to the United States, supposedly years. According to the Center on stand against companies that have for investment here. moved overseas for tax purposes. The Budget and Policy Priorities, the long- This tax holiday provision is worth run cost of the measure would likely be Senate version ended tax advantages looking at more closely. The Center on for companies that relocate to Ber- significantly higher than the $77 billion Budget and Policy Priorities calls it estimated for the first 10 years. muda or other tax havens and would the ‘‘Oracle’’ tax break because the have eliminated $3 billion in lost tax The bill also has tax breaks that ex- software company Oracle will reap pire before the end of the 10-year pe- revenues. The conferees severely weak- huge benefits. Companies leave profits riod. There are nearly a dozen provi- ened this provision by not making it abroad to take advantage of lower tax sions in the bill that sunset between retroactive. They replaced it with a rates and to defer payment of their 2005 and 2008. According to Citizens for House version that will eliminate only American taxes. This bill gives them a Tax Justice, the cost of the legislation $800 million in lost tax revenue. temporary reduction in the tax rate to could balloon to $230 billion over 10 The $3 billion saved by the stronger repatriate these funds. The supporters years if those tax breaks are extended. Senate measure would have been of this tax holiday say the bill requires This far exceeds the $140 billion in rev- enough to pay for the tax break for companies to reinvest these repatri- enue offsets. companies that make up the pay gap ated funds to create jobs in the U.S. for Reservists and Guardsmen. But this But according to the Tax Policy Cen- The expiring provisions and their break for our men and women in the ter, the conditions on the use of these supposed cost and true cost if extended military was dropped. repatriated funds are difficult to en- are: Instead, other companies will benefit. force and are unlikely to create new in- Small Business Expensing $1 billion As the Wall Street Journal reported on vestment in our country. True cost: $33 billion’; Wednesday, the bill grandfathered in I am not the only one who thinks the State and Local Tax Deduction $5 bil- four Houston-based companies—Cooper tax holiday is a bad idea. Even the lion True cost: $30 billion; Industries, Weatherford International Bush administration opposes it. Treas- 15-year Straight Line Cost Recovery Limited, Noble Corporation, Nabors In- ury Secretary John Snow sent a letter $2 billion True cost: $11 billion; dustry—that recently relocated to the to the conferees that said: Other Expiring Cuts $1 billion True Cayman Islands and Bermuda. U.S. companies that do not have foreign cost: $4 billion. The bill includes $43 billion inter- operations and have already paid their full These cuts supposedly cost only $7 national tax breaks that will encour- and fair share of tax will not be able to ben- billion over 10 years, but in reality age companies to relocate to tax ha- efit from this provision. Moreover, the Coun- they will cost $80 billion if extended. vens like Bermuda and to move jobs cil of Economic Advisers’ analysis indicates And as we have repeatedly seen, the that the repatriation provision would not out of the country. According to an produce any substantial economic benefits. Republican leadership is more than analysis published last month by the The Administration believes the $3 billion willing to extend ‘‘temporary’’ tax cuts Tax Policy Center, a joint venture of revenue cost. . . could be better used to re- again and again without any concern the Brookings Institution and the duce the tax burden of job creators in the about the effect on the budget, despite Urban Institute, these tax breaks in- United States. the record deficits we face. I have no crease the already strong incentives of Even the centerpiece domestic manu- doubt this will happen again with these U.S. multinational firms to operate facturing tax cut has serious problems: cuts.

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.084 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11213 The conference report has many LANDRIEU has eloquently and forcefully I proposed the amendment to codify flaws, but it also includes an historic highlighted to the Senate over the past this off-highway vehicle exception—an ethanol program that I have worked couple of days why this provision amendment which became section 852 for many years to pass. The ethanol should not have been dropped from the of this conference report—because I be- tax credits in the bill are important to final conference report. I agree with lieve that these excise taxes should not Illinois and the Nation’s energy policy, her outrage that the conferees included be imposed on vehicles which make lit- and I would like nothing better than to many special interest tax provisions— tle or no use of the public highways. vote to pass these measures. one even for ceiling fan manufactur- Under the definition of off-highway ve- The bill enacts the Volumetric Eth- ers—but could not include a provision hicle which is provided in this con- anol Excise Tax Credit, which changes that helps the men and women who are ference report, a vehicle is not treated the administration of tax incentives serving their country.∑ as a highway vehicle if it is specially for renewable fuels to avoid a reduction Mr. BUNNING. Mr. President, I rise designed for the primary function of in highway funding. It extends the eth- today to bring attention to section 852 transporting a particular type of load anol tax incentive through 2010. It also of the conference report of H.R. 4520 be- other than over the public highway and allows small ethanol producer coopera- fore us today. First, I thank the man- because of this special design its capa- tives to pass credits through to cooper- agers of the conference report for ac- bility to transport a load over the pub- ative members. cepting my amendment which added lic highway is substantially limited or Ethanol has been an important issue this provision to the conference report. impaired. In determining whether sub- for me throughout my 20 plus years in The amendment codifies current Treas- stantial limitation or impairment ex- Congress. In 1987 I was the first mem- ury proposed regulations defining off- ists, account may be taken of factors ber of Congress to propose that Con- highway vehicle. My intention in pro- such as the size of the vehicle, whether gress require the gasoline supply to in- posing this amendment was to confirm it is subject to the licensing, safety, clude 5 billion gallons of ethanol. that Congress feels it is proper that ve- and other requirements applicable to I am greatly disappointed to have to hicles which do not make use of, or highway vehicles, and whether it can vote against this bill, despite the eth- make only very limited use of, the pub- transport a load at a sustained speed. lic highways should not be considered a anol provisions, because of the out- The Statement of Managers accom- ‘‘highway vehicle’’ for purposes of var- rageous and unacceptable way that it panying this conference report states ious excise tax sections, including, but deals with the central issue of replac- that, when determining whether a ve- not limited to, sections 4053, 4072, 4082, ing the export subsidy. hicle qualifies for the off-highway ex- 4483, 6421, and 7701, of the Internal Rev- (At the request of Mr. DASCHLE, the ception, the fact that its considerable enue Code. following statement was ordered to be physical characteristics for trans- When used on public highways, heavy printed in the RECORD.) porting its load other than over the trucks put a greater stress on our road- ∑ Mr. LEAHY. Mr. President, the tax public highway, when compared with ways than average vehicles. In the bill conference report that will over- its physical characteristics for trans- past, Congress has passed laws to im- whelmingly pass the Senate today is an porting the load over the public high- pose various excise taxes for large ve- opportunity lost. This bill is a fiscally way, establish that it is specially de- hicles to use our national highway sys- signed for the primary function of irresponsible giveaway full of hundreds tem. For example, there is a 12-percent transporting its load other than over of special interest provisions that will retail sales tax for large on-highway the public highway. These types of ve- ultimately cost the taxpayers billions vehicles, special taxes on tires weigh- hicles should not be defined as a high- of dollars. ing more than 40 pounds, additional way vehicle and should not be subject I voted in favor of the Senate version large vehicle gasoline taxes, and there to the excise taxes at issue. of this important legislation when it is even an annual use tax imposed on We often have situation in the min- passed by an overwhelming vote of 92– these heavier vehicles. The over- ing area of my state where large trucks 5 back in May. What began as a legisla- whelming majority of the revenue gen- are used to haul coal in off-highway op- tive fix to bring our Tax Code into erated from these provisions is placed erations. When these trucks are de- compliance with international trade in the highway trust fund to rebuild signed and built, many thousands of laws has turned into a deficit busting our Nation’s infrastructure. give away to special interests. This This issue of off-highway vehicles dollars are spent to modify standard conference report lacks the balance and their tax status is of grave impor- truck chassises before bed installation. and restraint that was critical to pas- tance to my state of Kentucky. Many Generally, heavier axles, transmissions sage of the Senate bill. companies use heavy machinery and and other drive train components, as The math on how this bill adds to the oversize vehicles. In Kentucky, they well as other modifications needed to deficit is simple. Repeal of the so- are used most often at coal mines. allow the vehicles to operate at lower called FSC ETI tax breaks for U.S. Some of these large vehicles are used operating speeds carrying loads signifi- multinational companies will increase only internally on the mine lands while cantly heavier than those legally al- revenue by $50 billion. Incredibly, the others are used to haul materials over lowed on the highways, must be added conferees could not help themselves our Nation’s public roads. to the trucks. The trucks generally but take the opportunity to not only However, the Internal Revenue Code have beds which, along with the truck spend that $50 billion but also spend itself has not defined what constitutes itself, cause the vehicle’s width to ex- another $100 billion with almost no a ‘‘highway vehicle.’’ The legislative ceed that which is allowed to be oper- comparable spending offsets—adding intent of past Congresses seems clear— ated on the public highways of any straight to the ballooning Federal to impose excise taxes on vehicles that state. Often these trucks do not need budget deficit. disproportionately stress our high- to be licensed like on-highway vehicles The conference report is being sold as ways. It is important that we clarify in Kentucky and neighboring coal a godsend for American manufacturing who should pay these taxes through the states because the trucks are an off- workers, yet Senate provisions to tie legislative process. Current Treasury highway vehicles by state standards. corporate tax breaks to actual job cre- regulations contain a number of exclu- These trucks are actually so large that ation have been stripped. I have to sions from the definition of highway it is not even legal to drive them on chuckle when I hear the White House vehicle and therefore provide exclu- highways, except in very limited cir- referring to this as the ‘‘JOBS’’ con- sions from the imposition of a number cumstance usually involving special ference report. of excise taxes which are dependent trip permits. In fact, very substantial I am also disappointed that the con- upon this definition. One of these ex- modifications would need to be made ferees chose to drop the Senate provi- clusions exempts certain vehicles spe- to the vehicles to cause them to be sion sponsored by Senator LANDRIEU to cially designed for off-highway trans- legal for highway use. Insurance provide tax credits to employers who portation for which the special design agents, State licensing agents, State make up the pay that employees lose substantially limits or impairs the use sales tax officials, and even our own when they are called up for National of such vehicle to transport loads over transportation laws all recognize these Guard or Reserve duty. Senator the highway. vehicle as ‘‘off-highway.’’ It is clear

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.085 S11PT1 S11214 CONGRESSIONAL RECORD — SENATE October 11, 2004 that, by reason of special design, the wide, we have lost almost 3 million And while I am on the subject of use of such vehicles to transport loads manufacturing jobs in four years. America’s young people, let me men- over the public highways is substan- American companies are struggling to tion the bill they can expect from the tially limited or substantially im- succeed in a tough global marketplace. legislation we are considering today. paired. Yet, this Congress is considering legis- The Senate insisted that the legisla- I am concerned about the interpreta- lation that provides tens of billions of tion be revenue neutral, that is, it tion of these rules by the administra- dollars in tax breaks for American must not add to the debt. However, as tion. Make no mistake about it, as a companies with factories abroad, but we have seen time and time again from member of the Senate Finance Com- includes very little for American fac- this Congress, this goal was met using mittee, I will be watching this issue tories that are struggling to stay open gimmicks. Many of the tax breaks in closely to ensure that the intent of at home. Many factories are simply not this bill are either phased in slowly or Congress is being followed with regard profitable enough to benefit from the sunset after a few years. If expiring to the imposition of taxes on highway deduction provided in this bill. provisions are extended, as there will vehicles and the exception of non- I supported two key provisions in the certainly be great pressure to do, the highway vehicles from these taxes. I Senate-passed version of this bill that net cost of the bill over the next 10 will not hesitate to urge the Congress would provide relief to struggling com- years would be almost $100 billion. to address this issue again if necessary panies. The net operating loss carry- Regrettably, as we are accumulating to ensure that congressional intent is back provision would allow unprofit- more debt for our children to pay off, being properly implemented. able companies to reclaim some of the we are not building the technological Mr. ROCKEFELLER. Mr. President, taxes they had paid on previous earn- infrastructure that will be necessary to on behalf of all hard working West Vir- ings. And a provision to allow compa- make America’s economy competitive ginians who are worried about keeping nies to use alternative minimum tax in years to come. The United States their jobs, I must oppose the corporate credits in lieu of favorable depreciation has now slipped to 11th in the world for tax bill the Senate is considering rules would have provided a real incen- broadband penetration, with rural today. For more than a year, I have tive for factories to invest in America. areas lagging behind considerably. The been working with my colleagues to But both of these provisions have been Senate JOBS Act included a provision I craft legislation that would address the excluded from the final bill. By con- have championed to provide tax incen- needs of our manufacturing industry, trast, this bill does include a new 30 tives for the deployment of broadband. and I was proud to vote for a Senate percent tax break for companies that I am extremely disappointed that this bill earlier this year that promised real moved factories overseas and then kept provision, like so many others, was the profits offshore to avoid paying relief for our economy. However, the dropped from the final bill. their fair share of taxes. legislation before us bears only a faint I have just gone through a laundry Rewarding companies for offshoring list of important reasons to oppose this resemblance to the bipartisan Senate is just one of the ways that this bill bill, but in the end, my judgment about bill, and I believe it would do more makes American workers less secure. this legislation came down to a very harm than good. I urge my colleagues In spite of Senate support for a provi- simple test: Is this in the best interest to reject this legislation. We can do sion to prevent the federal government of working West Virginians? I cannot better than this, and we owe it to from outsourcing its contracts to for- support this bill because the fact is, it American workers. eign workers, this legislation includes Last September, I introduced legisla- is not in the best interest of working no such restriction. The conference West Virginians. I urge my colleagues tion that would offer help to our strug- committee also dropped a provision to to reject this bill and work with me to gling manufacturing sector. My bill protect the overtime pay of millions of pass legislation that will truly benefit would repeal the Foreign Sales Cor- workers across the country. poration/Extraterritorial Income tax Instead of protecting workers, this American workers. provisions to ensure that European tar- legislation is rife with giveaways to Mr. REED. Mr. President, this week, iffs against American exports are lift- corporate interests. For just one exam- a conference committee filed its report ed. It would create a new tax deduction ple, the legislation repeals a 4.3-cent on legislation that was originally de- for domestic manufacturers to essen- excise tax on railroads diesel fuel. By signed to repeal provisions in the tax tially lower their corporate income providing no corresponding relief to code that have been found by the World taxes by 3 percent. In addition, my leg- captive shippers, the bill ensures that Trade Organization to be illegal export islation calls for a tax credit to make consumers will have to pay more for subsidies. Months ago the European health care for older workers more af- many goods shipped on the Nation’s Union began imposing retaliatory tar- fordable. Finally, my legislation would railways. iffs on select American exports, includ- strengthen our trade protections. In another effort to appease cor- ing such important Rhode Island ex- On May 11, 2004, the Senate voted 92 porate interests, the conference com- ports as machinery and jewelry. The to 5 to support the Jumpstart Our mittee actually protected many abu- targeting of the jewelry industry is es- Business Strengths, JOBS, Act, which sive tax shelters. To ensure that every pecially troubling because Rhode Is- contained the core manufacturing de- company and individual pays a fair land is among the three biggest jew- duction I support. This Senate bill was share of taxes, and to mitigate this elry-producing States, and this sector the product of constructive, bipartisan bill’s effect on our spiraling national accounts for 36 percent of the total negotiations. While I did not like every debt, the Senate supported a number of trade targeted by the retaliatory du- last provision in the bill, it represented strict provisions to close tax loopholes. ties. Without congressional action to a balanced set of tax incentives that Unfortunately, $40 billion worth of tax repeal these export tax provisions, would help our factories compete glob- shelters will remain available even if these tariffs would grow progressively ally. this legislation passes. I will put my until reacing 17 percent by March of Having worked so hard to craft the colleagues on notice right now that I 2005. good legislation produced by the Sen- intend to continue the fight to shut Unfortunately, I have serious con- ate, I am extremely disappointed to be down those abusive tax schemes. cerns that the conference agreement faced with such a bad conference re- Among the corporate interests that before us today would not even provide port. This conference report is riddled are best protected by this bill are to- immediate relief to our jewelers and with problematic provisions. But the bacco companies that peddle their other businesses targeted by these tar- most fundamental flaw is that this bill deadly products to our Nation’s chil- iffs. The Senate-passed JOBS Act in- actually does more to reward compa- dren. The House of Representatives ig- cluded a carefully crafted transitional nies for moving jobs overseas than it nored a bipartisan Senate compromise benefit for those firms currently re- does to help companies who are strug- to link a buyout for tobacco farmers ceiving FSC/ETI assistance. However, gling to keep their American factories with regulation of tobacco products by the bill before us includes transitional open. the Food and Drug Administration. As relief that is still export-contingent Right now workers in my state are a result, more children will take up the and could be challenged by the EU as worried about being laid off. Nation- awful habit of smoking. still not being WTO-compliant. In fact,

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.087 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11215 according to an article yesterday in cost of this provision could be better used to prevent them from making any such the Washington Post, EU spokesman reduce the tax burden of job creators in the profit at the expense of taxpaying Anthony Gooch suggested that this United States. Americans. legislation would not accomplish its This is not the only place where this Sadly, while the underlying core central goal of lifting European sanc- bill failed to live up to its full poten- components of the bill are flawed at tions due to the transitional assist- tial to help domestic manufacturers. I best, much of the rest of the bill is ance. This is the reason we have this am deeply disappointed several months deeply defective. I am perhaps most legislation in the first place, and I am ago that last-minute lobbying by mul- disheartened over the section on to- disappointed that the House conferees tinational corporations were effective bacco—and the notable absence of lan- have potentially set up a repeat of tar- in removing from the Senate bill a guage authorizing the FDA to regulate iffs on our Nation’s domestic manufac- commonsense provision to help reduce it. This might just be the largest chil- turers and exporters. offshore outsourcing termed contract dren’s health issue facing Congress. That brings me to the other compel- manufacturing. The tobacco industry spent more last ling reasons for the original JOBS Act: Similarly, House Republicans voted year than ever before on advertising— the bill, as passed by the Senate, re- to leave out the Dodd offshoring over $11.5 billion—and children con- placed the Foreign Sales Corporation amendment, which would have pre- tinue to become hooked on smoking and Extraterritorial Income regimes vented Federal taxpayers’ dollars from while they are young and unable to un- with a more robust set of incentives for being used to support outsourcing in derstand the health ramifications of domestic manufacturing. At a time future government contracts. This is a smoking. It is now believed that smok- when domestic manufacturing, long commonsense measure to make sure ers could lose on average 10 years off the backbone of the American econ- that the Government does not actively their lifespan—an entire decade. At a omy, is bleeding prized jobs to foreign contribute to outsourcing, and its re- time when we are talking about soar- countries, it is incumbent on Congress jection by the conferees is a sign of ing health care costs, it is vital that we to put forward a responsible economic their strong disregard of the practice of regulate a substance that causes 440,000 plan and provide important assistance ‘‘buying American.’’ deaths each year and results in more to manufacturers that keep their oper- This brings me to the subject of cor- than $75 billion in direct medical costs ations here in the United States. porate tax shelters. We have been annually—much of which is paid for by While the conference agreement does fighting to close these loopholes bene- taxpayer-financed health care pro- include a tax deduction to provide as- fiting large companies for a decade. A grams. sistance to a broad-based group of man- recent study commissioned by the IRS The Supreme Court has acknowl- ufacturers, unlike the Senate-passed estimated that abusive corporate tax edged that tobacco is ‘‘perhaps the sin- legislation, it does not make a distinc- shelters cost honest Americans as gle most significant threat to public tion between manufacturing domesti- much as $18 billion annually, or $180 health in the United States’’ and has cally or abroad. It removed the so- billion over 10 years. Put another way, effectively reaffirmed that the FDA is called ‘‘haircut’’ that would have pro- every month that the majority and the the most appropriate agency to regu- vided an incentive for companies to do administration obstruct efforts to shut late tobacco products, given the gen- their manufacturing here at home in- down corporate shelters, it costs hon- eral scope of its authority and its em- stead of shipping it abroad. Yet again, est taxpayers over $1.5 billion. It has phasis on protecting the public health. we see that House Republicans are un- been several years now since the Enron It is now that Congress must act to willing to stand up for those manufac- debacle, and yet the majority has still clearly give the FDA the long overdue turers, small and large, that have kept not sent to the President a tax bill to authority it requires to protect Ameri- their operations here in the United shut down these shelters. While the cans, and particularly our children. States. Senate has taken actions over and over I was willing to accept the inclusion In fact, if we look at the bill as a again to target shelters, they have of a tobacco buyout under the clear un- whole, we see that of the broad-based been blocked by the majority party. derstanding that it would remain tax incentives, a larger net amount of For example, in June 2002, the Senate linked to giving the FDA regulatory money would be dedicated to inter- passed tax shelter legislation as a authority over tobacco. Americans national provisions than those targeted stand alone bill and as part of the want us to take this important step, at production here at home. It is dif- CARE Act. The other chamber did not. and but this report falls short. We all ficult to reconcile the very real chal- The Senate passed it again in April 2003 know that tobacco is a substance that lenges facing domestic manufacturers as part of the CARE Act; and the other reduces the quality of life and results with the inclusion of huge tax breaks body rejected it. The Senate passed in untimely death with lifelong use. We for multinational corporations. Ulti- shelter legislation as part of the energy had a unique opportunity with this bill mately, providing tax breaks to multi- bill in July 2003, and the other chamber to make a real difference in helping to nationals means that manufacturing rejected it. The Senate passed shelter protect our nation’s children and the jobs are going overseas. legislation as part of the Jobs and majority conferees killed this bipar- The corporate repatriation provisions Growth stimulus bill in May 2003, and tisan effort that Senators KENNEDY and in H.R. 4520 are responsible for a sig- it was stripped out in conference. DEWINE spearheaded. nificant amount of these costs, but So I was pleasantly surprised to hear The conference agreement left out there is little evidence that they will that tax shelter provisions were in- other very important and widely sup- ultimately help to create jobs. Even cluded in the conference agreement. ported worker protections that would Secretary Snow, speaking for the Ad- Then I had a chance to look a little have prevented President Bush’s regu- ministration, seemed to understand more closely. The conference bill is a lations that will deny overtime protec- this inequity. He wrote in a letter to shadow of the Senate-passed version, tions to 6 million hard-working men Chairman GRASSLEY, and I quote: raising $40 billion less by closing cor- and women, including registered porate tax loopholes than the Senate- [T]he Administration also has concerns re- nurses, cooks, clerical workers, nurs- garding the fairness of the repatriation pro- passed version. $15 billion of this lost ery school teachers, and many others vision included in both bills. This provision opportunity to make the Tax Code fair- from taking effect. would offer international corporations a par- er for all Americans would have elimi- The Senate has voted against the tial ‘‘tax holiday’’ for repatriating foreign nated phony transactions that have no Bush overtime rule three times, and income that is currently held overseas. U.S. economic substance and have been used the other Chamber twice. The Senate companies that do not have foreign oper- by companies like Enron to avoid FSC bill included two amendments ations and have already paid their full and taxes. Another measure modified by that preserve workers’ overtime—the fair share of tax will not be able to benefit the majority conferees would continue Harkin amendment that would block from this provision. Moreover, the Council of Economic Advisers’ analysis indicates that to allow those individuals who promote only the parts of the overtime rule the repatriation provision would not produce tax shelters to make profits while that strip workers of overtime rights, any substantial economic benefits. The Ad- doing so. In contrast, the Senate would and the Gregg amendment that passed ministration believes the $3 billion revenue have levied a 100 percent penalty to 99 to 0, which would preserve overtime

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.080 S11PT1 S11216 CONGRESSIONAL RECORD — SENATE October 11, 2004 for 55 job categories. Majority con- Lastly, it continues to employ the campaigning in recent months, the ferees, at the behest of the White same budget gimmickry as previous President has stated, with tremendous House, stripped the overtime protec- tax bills put forward by the majority approval from every audience, that re- tions from the report. Even after the party and the administration over the forming and simplifying the Tax Code Senate conferees voted yet again to re- past 3 years. For example, a dozen of would be one of the main objectives of tain the Harkin amendment, it was the tax cuts in this report will expire his second term. I will support him in stripped out. between 2005 and 2008. Assuming that that effort, and I encourage him to The Fair Labor Standards Act was these provisions are extended, the cost take the first step in that reform by enacted in the 1930’s to create a 40-hour to the Treasury will increase by an es- vetoing this bill. workweek, and it requires workers to timated $80 billion! We have a deficit that is quickly ap- be paid fairly for any extra hours. This bill could have been an ideal ve- proaching $500 billion—that is half of a American workers work more hours hicle for bipartisan efforts to shape a trillion dollars. The proponents of this than any others in the world—1,900 comprehensive economic policy for our bill say that it’s ‘‘revenue neutral.’’ hours per year. Yet, still, they need nation’s manufacturing sector. Unfor- Well, I doubt that, and I am not alone more to get by and make ends meet. tunately, it proved to be too alluring in my skepticism. The Center for Budg- With 8 million Americans out of work, for the special interests who just could et and Policy Priorities has figured and with so many other families strug- not restrain themselves. At a time of a that the bill would actually cost $80 gling to make ends meet, cutbacks on record Federal budget deficits—most billion if the temporary tax cuts are overtime are an unfair burden that recently pegged at $422 billion for Fis- extended for the full 10 years. Sadly, I America’s workers should not have to cal Year 2004—this bill contains too have no doubt that those extensions bear. Especially in times like these, many giveaways to corporations and will happen—because we simply don’t it’s an incentive for job creation, be- not enough to help domestic manufac- say no to anyone anymore. We are told cause it encourages employers to hire turers and working families. Most re- that this bill is offset by closing tax more workers, instead of forcing cur- grettably, its passage does not seem to loopholes, and I will be the first person rent employees to work longer hours. guarantee that the EU will lift its to say that I support closing those I am amazed that the majority has harmful sanctions against numerous loopholes, but can anyone explain to again stripped this provision which has United States products. Companies in me the rationale behind closing loop- overwhelmingly passed both the House our home states are hurting from EU holes in order to raise revenues to open and the Senate on 5 separate occasions. retaliatory tariffs, like jewelry manu- more loopholes? It is remarkable. It This is a clear example of how the ma- facturers in Rhode Island, and the con- makes no sense. jority and this administration continue ferees should have taken the respon- As I have said many times in the to turn their backs on working fami- sible path in assisting those who are past, we need to start making some lies. struggling. But they did not. very tough decisions around here about Now, in addition to leaving out a ∑ Mr. MCCAIN. Mr. President, I voted our fiscal future. We need to be think- number of the important provisions against cloture on this measure yester- ing about the future of America and that I’ve just enumerated, it also con- day because it is loaded with corporate the future generations who are going tains many costly and extraneous ones; pork and special interest tax provi- to be paying the tab for our continued $101 million for NASCAR by changing sions. This conference report, at 633 spending. It is simply not fiscally re- the tax treatment of grandstand facili- pages and $148 billion, serves as a sad sponsible for us to continue to load up ties; $44 million for importers of Chi- example of the way business is done bills with good deals for special inter- nese made ceiling fans; $28 million for around here. The special interests con- ests and their lobbyists. We have had cruise ship operators; $231 million in tinue to rule at the expense of the ample opportunities to tighten our taxpayer funds to finance bonds for hardworking American taxpayer. belts in this town in recent years, and four so-called ‘‘Green Bond’’ mall de- The original intent of this legislation we have taken a pass each and every velopments; $247 million in bonus de- was laudable. Earlier this year, we time. We can’t put off the inevitable preciation of some jets and planes; $5 missed a golden opportunity to pass a any longer. billion over only two years for a new good, clean bill that would have Here is the stark reality of our fiscal deduction for state and local sales brought us back into compliance with situation. According to the General Ac- taxes in a select few states; and $27 World Trade Organization, WTO, agree- counting Office, the unfunded Federal million for horse and dog gamblers. ments and stop the burdensome tariffs financial burden, such as public debt, This one is especially interesting be- now imposed on our manufacturers. future Social Security, Medicare, and cause it exempts foreign gamblers from Simply repealing the extraterritorial Medicaid payments, totals more than paying taxes up front on their winnings income, ETI, exemption tax benefit for $40 trillion or $140,000 per man, woman at horse and dog tracks. exports would have saved $50 billion. and child. To put this in perspective, My question is: Where’s the special Instead, because this was known to be the average mortgage, which is often a tax break that will help struggling a ‘‘must pass’’ piece of legislation, it family’s largest liability, is only working families in my state? How was loaded up with billions and billions $124,000—and that is often borne by the does it help American workers by giv- of dollars in tax breaks for big corpora- family breadwinners, not the children ing tax breaks for Chinese fans to be tions and special interests of all types. too. Instead of fixing the problem, and imported tax free to the United States? I recognize the need to pass legislation fixing it will not be easy, we only suc- The Administration seems to agree, to bring the United States back into ceeded in making it bigger, more un- and Secretary SNOW also wrote in his compliance with the WTO, and I am stable, more complicated, and much, letter to Chairman GRASSLEY that: more than willing to support a bill that much more expensive. Both the House and Senate-passed bills in- accomplishes that goal. Unfortunately The Committee for Economic Devel- clude a myriad of special interest tax provi- this legislation’s worthy purpose has opment, the Concord Coalition, and the sions that benefit few taxpayers and increase Center on Budget and Policy Priorities the complexity of the tax code. Legislation taken a back seat to a host of special taking up more than 1000 pages of statutory interest tax provision add-ons and a big jointly stated that, ‘‘without a change language (or even 400 pages) goes far beyond buyout for tobacco farmers. in current (fiscal) policies, the federal the bill’s core objective of replacing the FSC/ In an editorial on the issue, The government can expect to run a cumu- ETI tax provisions with broad-based tax re- Washington Times, noted that ‘‘the lative deficit of $5 trillion over the lief that is WTO-compliant. ideal solution would have been a quick, next 10 years.’’ They also stated that, At the same time, the majority party simple repeal of FSC–ETI, which is bad ‘‘after the baby boom generation starts voted to strip the legislation of an economic policy in any case. The $50 to retire in 2008, the combination of de- amendment offered by Senator billion in savings could then have been mographic pressures and rising health LANDRIEU that would provide a tax used to streamline and simplify the care costs will result in the costs of break to companies for paying the sala- corporate tax code.’’ I couldn’t agree Medicare, Medicaid and Social Secu- ries of activated National Guardsmen more. The Tax Code is far too complex rity growing faster than the economy. and Reservists. and is in dire need of reform. While We project that by the time today’s

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.082 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11217 newborns reach 40 years of age, the the public and medical health commu- accessible to kids. Studies have shown cost of these three programs as a per- nity, child health advocates, and reg- that increases in the cost of cigarettes centage of the economy will more than istered voters who in a recent poll directly correlate to reduced youth double—from 8.5 percent of the GDP to overwhelmingly, 69 percent favor FDA smoking rates. Greater youth accessi- over 17 percent.’’ authority over tobacco. Even in the six bility to tobacco products coupled with Additionally, the Congressional leading tobacco growing states, sup- a lack of FDA authority over the mar- Budget Office has issued warnings port for FDA authority is above 65 per- keting and information disclosure of about the dangers that lie ahead if we cent. these cheaper products is the most in- continue to spend in this manner. In a Without FDA authority over tobacco, vidious combination possible. By turn- report issued at the beginning of the there will be no regulation of tobacco ing their backs on FDA tobacco au- year, CBO stated that, because of ris- marketing, no information disclosure thority while simultaneously making ing health care costs and an aging pop- such as nicotine and carcinogenic con- it easier to grow and sell tobacco, the ulation, ‘‘spending on entitlement pro- tent, no requirement that can force the conferees may be exposing kids—not to grams—especially Medicare, Medicaid tobacco industry to remove harmful mention adults—to an even greater and Social Security—will claim a components from their products, and health risk than they are today. sharply increasing share of the nation’s no pre-market approval of ‘‘new prod- As if the lack of FDA language economic output over the coming dec- ucts’’ marketed as ‘‘safer cigarettes.’’ wasn’t bad enough, let me go through ades.’’ The report went on to say that, Tobacco-related illnesses and deaths some of the other ridiculous items con- ‘‘unless taxation reaches levels that in this country have reached epidemic tained in this conference report. proportions, but according to the Sur- are unprecedented in the United Many provisions in this bill remind geon General, tobacco use is ‘‘the sin- States, current spending policies will me of the golden oldies we saw in the gle most preventable cause of death probably be financially unsustainable energy bill. One of the more generous and disease in our society.’’ The Sur- over the next 50 years. An ever-growing tax breaks in this bill is a creative pro- geon General estimated 400,000 U.S. burden of federal debt held by the pub- vision that allows energy companies to citizens lose their lives each year as a lic would have a corrosive . . . effect on reclassify energy production as a man- result of a smoking-related illness. the economy.’’ ufactured good in order to qualify for This figure translates into approxi- So what do we do when we are faced potentially tens of billions of dollars in mately 1,200 smoking-related deaths with these problems? We pass a tax bill new tax deductions. The manufac- per day. This loss of life has a signifi- that is loaded with corporate pork. turing tax deduction is currently avail- This conference report is called the cant economic impact accounting for able only to traditional manufacturing JOBS Act, but I think we should call it an estimated $75 billion per year in industries as an incentive for job cre- what it truly is: ‘‘the corporate tax health care expenses. Most tragically, ation. While this change in the tax haven act.’’ I doubt it will create any however, the Surgeon General esti- code may not create manufacturing new jobs but it will certainly allow a mates that approximately 2,000 kids jobs, it does create a tax balloon, which few lucky folks, who have extremely start smoking every single day, and increases to a maximum of 9 percent of well paying jobs, to make even more at that one third of them will die from a a company’s production income after the expense of the taxpayers. I’m sure smoking-related illness. 2009. The total estimated cost of this the energy corporations are pleased I thank Senators DEWINE and KEN- golden parachute is $76.5 billion. Other that they won’t have to wait for the NEDY for their commitment to our Na- industries that will now be considered energy bill to add to their over-flowing tion’s youth, and I am certain that to be ‘‘manufacturers’’ are movie stu- coffers. they will continue to fight for FDA au- dios, real estate development, and con- Yesterday we passed a bill to address thority over tobacco because it is sim- struction companies. But the greatest the issue of FDA regulation of tobacco ply too important not to continue to share of this tax break will go to the products. Essentially, the consider- fight. We must protect the public oil and gas industry and electric utility ation of a free standing bill to address health and hold the tobacco industry companies. this issue at this stage means nothing. accountable for the production and We’re supposed to be appreciative that marketing of its products, particularly Fear not, not all of the largess goes the FDA bill was taken up and passed as their business practices affect chil- to oil and gas companies. There are quickly—we all know that passing a dren, but I fear we have lost yet an- equal opportunities for other corporate controversial Senate bill on a Sunday other opportunity. and special interests to make profits at at the end of the session is meaning- Not only have the conferees jeopard- the expense of the taxpayers. An arti- less. The House will not move the bill, ized the health of our Nation’s youth cle in the Wall Street Journal on Octo- and, even if by some miracle they did, by striking the FDA authority provi- ber 6, refers to the legislation as ‘‘a there certainly would be no conference sions of this bill, they left provisions trove of obscure breaks and perks’’ and held. This is a sham—plain and simple. that would eliminate the quota system identifies four companies in Houston The Senate had already addressed the and channel $10 billion—into the pock- that were singled out for special treat- issue of FDA regulation of tobacco. ets of tobacco farmers—many of whom ment. These companies recently Sadly, the conferees on the FSC/ETI no longer even farm tobacco—and dis- changed their addresses to the Cayman bill stripped that provision from this guised the money as a buyout to en- Islands and Bermuda when the Senate conference report. courage such ‘‘farmers’’ to shift their proposed a retroactive crackdown on What the conferees did was uncon- crops to something other than tobacco. businesses that incorporate offshore to scionable. They turned their backs on According to the Wall Street Journal, shave their U.S. tax bills. Fortunately the health of our nation’s youth and among these ‘‘tobacco farmers’’ who for them, the provision in this bill is no opted to strike the DeWine-Kennedy would benefit from a tobacco buyout longer retroactive. Not only does the amendment that would have granted are Larry Flynt and his brother, who bill allow these companies to slip com- authority to the Food and Drug Ad- admittedly abandoned the ‘‘blood, fortably away, but others contem- ministration, FDA, to regulate tobacco sweat, and tears’’ of the tobacco busi- plating such actions will be heartened products. It is a very sad day for public ness to pursue pornography. by the fact that the bill doesn’t include health. They have used the FDA to- I fear that the conferees have failed a provision that would have supported bacco authority language as a linchpin to realize that, by not setting domestic Federal judges and the IRS in bringing to effectuate the passage of the under- production restrictions, and not re- companies that indulge in these im- lying tax bill. It was nothing more stricting new market entrants from proper tax shelters to justice. than a sweetener to them and now that farming tobacco, they may be creating This bill also contains a tax credit it is no longer of use, the conferees new opportunities for more tobacco totaling more than $2 billion over 9 have discarded the language, and with farming. In doing so, they create the years for industries generating elec- it, who knows how many lives. possibility that a greater supply of to- tricity from alternative fuel sources. In striking this historically impor- bacco will result in reduced prices Let me be clear that I support clean re- tant provision, the conferees ignored thereby making tobacco products more newable energy technologies as a

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.085 S11PT1 S11218 CONGRESSIONAL RECORD — SENATE October 11, 2004 means to reduce greenhouse gas emis- supports. In the 107th Congress, this These all sound like grand, money- sions and increase energy independ- body passed the Farm bill which appro- making ventures to me—they don’t ence, but most of these subsidized tech- priated more than $26 billion in direct need taxpayer support. Pork called nologies aren’t clean. No matter how assistance to corn-growers over 6 ‘‘green bonds’’ is still pork. you look at it, chicken droppings sim- years. That is an average of $4.3 billion Some of the other notable giveaways ply are not a clean alternative fuel. in direct subsidies each year just to in this grab bag of corporate tax de- Just how, exactly, does the public ben- corn-growers! lights are: efit from the subsidies provided for the In addition to the subsidies going pri- The ‘‘hummer in every home’’ provision is burning of municipal trash and poultry marily to agribusiness corporations, still intact. It is just not quite as expensive waste, both which create significant the public pays for ethanol in other as it has been the past. This provision ex- air pollution? ways as well. More energy is used in tends the existing $100,000 tax deduction for The most outrageous provision in the production of ethanol than it pro- the purchase of vehicles weighing over 6,000 vides to consumers, it increases the per pounds. The original intent of this deduction this section could be easily missed. It was to benefit farmers and other business defines ‘‘refined’’ coal as a qualifying gallon cost of gasoline, and it results in owners in need of heavy-duty vehicles. Un- renewable resource. According to the environmental degradation. Finally, to fortunately, some individuals unscrupu- Tax Code, refined coal is just another add to all these insults, ethanol sub- lously seized on this loophole in order to pur- name for synthetic fuel. I would be sidies increase the public’s grocery chase Hummers, Escalades and other expen- greatly relieved if my colleagues could costs. Subsidized corn results in higher sive, gas guzzling SUVs. Thankfully, due to document that this is not the case, but prices for meat, milk, and eggs. This the insistence of Senator Nickles, those pur- chasing luxury sport utility vehicles can no it appears to me that the synthetic fuel happens because about 70 percent of corn grain is fed to livestock and poul- longer take advantage of the $100,000 deduc- credit has been snuck in here along tion. However, they can still take a deduc- with so-called renewable sources of try in the U.S. Increasing ethanol pro- tion of up to $25,000. This could cost our electricity. duction further inflates corn prices and Treasury $350 million for every 100,000 tax- I have spoken before about the syn- subsequently food prices. payers who take advantage of this loophole. thetic fuel tax credit scam that was re- So the American public provides bil- Again, it is not as bad as it used to be, but vealed by Time reporters in October lions to create this artificial market it is still too expensive and should be elimi- 2003. It is shameful for Congress to per- for ethanol, and then pays more for nated. The cost of foreign oil is about $53 a petuate this expensive hoax, which has their groceries and what do they get in barrel. Shouldn’t we, as a practical matter, be encouraging the use of smaller, more fuel cost taxpayers $4 billion since 1999. The return? I will tell you what they get in return—absolutely nothing. No reduc- efficient vehicles? IRS followed up the Time report with a There is a tax break for ‘‘small refiners’’ of November 2003 bulletin stating, ‘‘The tion in petroleum fuel use. No reduc- oil to improve clean air standards. Unfortu- Service believes that the processes ap- tion in air pollution. There is one re- nately, ‘‘small’’ is defined as those with re- proved under its long standing ruling duction, however, consumers are re- fining capacity below 205,000 barrels per day, (that a synthetic fuel must differ sig- warded with—reduced fuel economy. so some of the large oil companies can get in nificantly in chemical composition More gasohol must be used to go the on this one too. Three of the world’s richest energy compa- from the substance used to produce it) same distance as conventional fuel. So no one can honestly claim that sub- nies—BP, Exxon Mobil, and Conoco Phil- do not produce the level of chemical lips—stand to be the primary recipients of change required.’’ Incredibly, it goes on sidizing ethanol is in the public inter- two tax breaks, totaling $445 million, for to say, ‘‘Nevertheless, the Service con- est or an element of sound national en- building an Alaskan natural gas pipeline and tinues to recognize that many tax- ergy policy. for processing natural gas for the project. payers and their investors have relied Another objectionable provision is Considering that these three companies have on its long-standing ruling to make in- the ‘‘green’’ bond program. The origi- enjoyed after-tax profits of $95 billion since vestments.’’ So, basically, we should nal form of this provision prompted the 2001, the wealthy shareholders of these com- ‘‘hooters’’ part of my ‘‘hooters and pol- panies—not taxpayers—should foot this bill. just ignore the fact that chemical In addition, these three companies are al- change isn’t occurring. They should luters’’ reference to the energy bill. Well, the hooters is gone, but this pro- lowed to depreciate their natural gas pipe- have just said that if Congress wants to line over seven years, costing taxpayers an- gram is still top-heavy with tax continue this shameful scam, then the other $150 million. IRS will let it pass. breaks—$231 million for the real estate There is $27 million for dog and horse race The original intent of the synthetic corporations that are going to develop tracks to help lure more foreigners to gam- fuels tax credit was not sheer folly. It these projects. With or without a hoot- ble at U.S. horse and dog racing facilities; is just that, for a variety of reasons, a ers, I don’t see how it’s in the public’s $995 million for the treatment of aircraft interest to pay for enormous commer- leasing and shipping income. This provision synthetic fuel industry never material- would provide a tax exemption on income de- ized in the United States. Canada in- cial facilities in three or four States. These projects all sound like enter- rived from an aircraft or vessel leasing busi- vested heavily in synthetic fuel produc- ness. tion over the past decades and sells prises that can stand or fall on their There is $28 million for a cruise ship tax millions of barrels of synthetic crude own—they don’t need the taxpayers break. This provision would allow the cruise oil to the United States annually. The throughout the country giving them a industry to delay paying taxes on airplane big boost. tickets, hotels, and other excursions it sells only evidence of a U.S. synthetic fuel Let me give you a sense of the ‘‘pub- in the United States. The delay would save industry is this gigantic tax shelter. lic works’’ that benefit from this provi- the Carnival Corp. $15 million, and Royal One doesn’t need to be in the oil or gas sion: Carribean would save anywhere from $8 mil- business to strike it rich with syn- Destiny USA in Syracuse, NY is an enter- lion to $10 million. There is $9 million for a tax break on arch- thetic fuels either—one of the greatest tainment and retail development touted as ery products; $11 million for a provision that beneficiaries of this tax shelter—and an economic stimulus for upstate New York. would reduce the excise tax on fishing tackle that is all that it is—a tax shelter, is a The primary developer has committed to 3.2 boxes; $44 million for the importers of Chi- very profitable hotel chain, Marriott. million square feet of space with a price of nese ceiling fans; $4 million to repeal the ex- This is an equal opportunity bill for close to $700 per square foot. They estimated these green bonds would save them close to cise tax on sonar devices that are used for wealthy corporate interests. finding fish; $247 million for a provision that Wait, we can’t forget ethanol! $77 $100 million. Belmar in Lakewood, CO is a $500 million is designed to help the producers of small million from this bill will go to ethanol redevelopment of a mall, which will include jets and planes, 60% of which are built in manufacturers. No tax break bill would many restaurants, clothing stores, shops, Kansas. Lear Jet and Cessna benefit greatly be complete without subsidies for this and office space. from this provision; $27 million for providing synthetic fuel, ethanol gasohol, created Atlantic Station in Atlanta GA is a 138- tax-free treatment if farmers replace live- and perpetuated by Congress. And it all acre redevelopment of a former steel mill stock because of weather related conditions; starts with corn. Ten percent of the which will include 12 million square feet of $101 million for NASCAR track owners; $57 retail, office, hotel space, and parks. million for a tax break for shipping compa- corn grown in this country is used to Riverwalk Development in Shreveport, LA, nies; $501 million for a tax credit for the produce ethanol. Of course, corn pro- minus the Hooters, this $150 million project maintenance of railway tracks; $336 million ducers, like producers of other major will feature stores, restaurants, movie thea- for a tax break for Hollywood studios; $234 crops, receive farm income and price ters, hotels, and entertainment spots. million for a tax break for the producers and

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.087 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11219 marketers of alcoholic beverages; and $495 job he has done. I am blessed. We are We spoke with about 60 companies over million for Naval shipbuilders. all blessed to have him as chairman of the phone, asking them what they Where is it going to end? We have to our committee. He is very smart. He is thought about this legislation. How are face the facts, and one fact is that we very perceptive. He has terrific com- Montana companies and interests af- can’t continue to cater to wealthy cor- mon sense and is wonderful to work fected by this bill? I simply wanted to porate special interests any longer. with. He is as straight as they come. know the biggest problems facing Mon- The American people won’t stand for His word is his bond. If he tells you tana businesses, I wanted to know what it, and they shouldn’t—they deserve something, that is it. At the same is working for them and what is not better treatment from us. I strongly time, when we work with him, it is working for them, and I wanted to encourage my colleagues to vote very cooperative. In fact, he goes over- make sure that the manufacturing de- against this conference report.∑ board. It reminds me of ‘‘To Kill a duction in this bill will work for Mon- The PRESIDING OFFICER. Who Mockingbird’’ when the protagonist, tanans. Obviously, they had a lot of yields time? the lawyer, says: You walk around in concerns. Mr. BAUCUS. I yield 1 minute to the his shoes to see that person’s point of People in my State, as in many Senator from Louisiana. view. CHUCK GRASSLEY has the uncanny States, are worried about job security, The PRESIDING OFFICER. The Sen- trait that he does not have to take the health security, and economic security. ator from Louisiana now has 6 min- effort to walk around in another per- Will they have jobs tomorrow? Will utes. son’s shoes because he already knows. their jobs be cut because business is Ms. LANDRIEU. I intend to use 2 He has walked around in so many shoes slow? What about health insurance minutes and yield back the remainder around Iowa. He has common sense coverage with health care costs going of my time to the leadership. that is rooted in the ground. He is a up? Will their businesses be able to The PRESIDING OFFICER. Without wonderful person. We are all very grow and compete with foreign com- objection, it is so ordered. grateful to have him as chairman. I can petition? Ms. LANDRIEU. Mr. President, while say this having worked with him as the We learned that any bill targeted to the leaders are in the Senate with their senior Democrat on the Finance Com- just corporations—that is, the standard final remarks, I take the opportunity mittee. corporation called C corporations— leave out most Montana businesses. again to thank them for their work— Second, I deeply thank all of our That is because in Montana most busi- Senator BAUCUS and Senator GRASSLEY staff who helped with this legislation. nesses do not operate as conventional as the leaders of the Finance Com- They have been wonderful. I ask unani- corporations. They work as partner- mittee—as we work toward a very sig- mous consent to have their names ships or other enterprises that report nificant victory and a conclusion on printed in the RECORD. their income not on a corporate basis the issue of a tax credit for the Guard There being no objection, the mate- and Reserve. The Senate is going on but an individual income tax basis. rial was ordered to be printed in the We needed a broader definition of record again this morning, as we did RECORD, as follows: several weeks ago when this bill left manufacturing to ensure that Montana This legislation would not have been pos- farmers and ranchers got some tax re- the Senate, to include them in a tax sible without the help of many. provision. They will not technically be lief. That is what we are enacting in I appreciate the cooperation we received the bill. included in this bill, but there will be a from the Republican staff, especially Kolan I thank the hard-working men and bill sent back over to the House, as we Davis, Mark Prater, Ed McClellan, Elizabeth women of Montana. Carlyle once said: said. That would not have happened Paris, Dean Zerbe, Christy Mistr, John All work is noble. without the help of Senator BAUCUS O’Neill, Everett Eissenstat and Stephen Schaefer, and Adam Freed. I thank the hard-working men and from Montana and Senator GRASSLEY I thank the staff of the Joint Committee women of Montana for their help in from Iowa. I personally thank them on Taxation and Senate Legislative Counsel formulating this legislation. I thank along with thanking Senator DURBIN for their service. them for supporting me as we advanced and Senator BOXER for their help on I also thank my staff for their tireless ef- this bill. And I thank them for their this original amendment. fort and dedication, including Russ Sullivan, hard work in the businesses they run. Patrick Heck, Bill Dauster, Matt Genasci, We have explained it as well as we So it is to them today we dedicate this can, the arguments as to why our Matt Jones, Matt Stokes, Jon Selib, Anita Horn Rizek, Judy Miller, Melissa Mueller, bill. Guard and Reserve deserve our focus I yield the floor. and attention to provide help to their Liz Liebschutz, Lara Birkes, Ryan Abraham, Wendy Carey, Tim Punke and Brian Pomper. The PRESIDING OFFICER. Who families while they are serving for all I also thank our dedicated fellows, Rhonda yields time? Americans on the front line. I am so Sinkfield, Scott Landes, Justin Bonzey, Jodi Mr. GRASSLEY. Mr. President, I pleased we could come together as George, and Cuong Huynh—and our dedi- yield the Senator from Kentucky, our Members of the Senate to provide that cated law clerk Jeremy Sylestine. whip, 5 minutes. help for them. Finally, I thank our hardworking interns: The PRESIDING OFFICER. The ma- Now it is in the hands of the House of Mary Tuckerman, Kelsie Eggensperger, jority whip. Representatives. As we return from Paige Lester, Priya Mahanti, Brittney Mr. MCCONNELL. Mr. President, this break, however long or short it is, McClary, and Audrey Schultz. today is a truly historic day for my we will then take up this issue as they Mr. BAUCUS. Finally, my greatest State, the Commonwealth of Ken- decide over in the House how they thanks are to the people of the State of tucky. Burley tobacco production has would like to handle it. I hope they Montana. I express my gratitude and been a part of our way of life going will take the bill as we have sent it, thanks to the people of Montana for back to 1792 when Kentucky joined the pass it, and then it will go to the Presi- sending me here as their representa- Union. Tobacco itself—there are to- dent’s desk for immediate signature tive. I will never forget the people I bacco leafs painted in various places because we all want to give them the work for. They are my bosses. They are here in the U.S. Capitol—was the most help and support they most certainly my employers and the best anyone important export product from the are giving us at this special time. could ever have. I know each Member Colonies, predating the formation of I yield back the remainder of my feels that way about his or her State. I our country. time. am blessed to be able to represent Mon- Over the last 40 years, we have come The PRESIDING OFFICER. The Sen- tana. to understand that the use of tobacco ator from Montana. Frankly, it is for that reason that, products is certainly not good for our Mr. BAUCUS. I yield myself such preparing for this bill last year, my health. More Americans, correctly, are time as I consume. staff and I spent a lot of time in Mon- choosing not to use tobacco products. The PRESIDING OFFICER. Without tana meeting with workers and owners Consumption has, therefore, declined, objection, it is so ordered. of businesses all across our State. We as, frankly, it should. Mr. BAUCUS. Mr. President, I first visited over 140 companies, 8 account- Back in the 1930s, when tobacco was thank the chairman of our committee, ing firms and law firms, 11 economic still at its peak but we were in a na- CHUCK GRASSLEY, for the tremendous development organizations in Montana. tional Depression, during the New Deal

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.090 S11PT1 S11220 CONGRESSIONAL RECORD — SENATE October 11, 2004 a Federal tobacco program was cre- bacco producing States that have suf- I also thank Senator BUNNING and ated. After that program was enacted fered for far too long under a Govern- Congressman LEWIS of my State. I into law by President Roosevelt, em- ment program that destroyed their as- thank my own staff, former staffers ployees from the U.S. Department of sets, sapped their competitiveness, and Mason Wiggins and Hunter Bates, who Agriculture went around and surveyed destabilized their communities. in the early days were extremely im- the farms in Kentucky and Tennessee The tobacco buyout included in this portant in this. I thank my chief of and Virginia and the Carolinas and legislation is culmination of many staff Billy Piper, Scott Raab, and Mi- Georgia to find out what their histor- years of hard work and difficult sac- chael Zehr, my agriculture aid. They ical production had been and assigned rifice. were all indispensable. those what we now call quotas to the Kentucky has long been known for The PRESIDING OFFICER. The Sen- land. its three ‘‘B’’s: Bourbon, basketball, ator from Montana. That quota was like an asset. It and burley tobacco. Burley tobacco has Mr. BAUCUS. Mr. President, before I could be sold. It could be leased. It was been the lynchpin of Kentucky’s agri- yield to my friend from Louisiana, I an asset attached to the land. And that cultural economy since Kentucky first would like to say how much I person- quota had in some early years grown became a State in 1792. ally deeply appreciate and will miss but, of course, over the last few years Since the early years of the Common- the Senator from Louisiana. I don’t it dramatically contracted. That asset wealth, burley tobacco provided a know any Senator who works harder on was on its way to becoming worthless, steady and reliable income for farmers a bipartisan basis to get things done many people felt, in my State. with small patches of land unsuitable than the Senator from Louisiana. He is To give you a sense of how pervasive for the production of other crops. amazing. He has so many talents. tobacco has been in the Commonwealth There are virtually no other crops that Now, maybe he is partly Cajun, I of Kentucky, when I came to the Sen- can provide the return per acre that to- don’t know, but it is that Louisiana ate some 20 years ago, we grew it in 119 bacco production does, and it has a stuff that enables him to see more, do of our 120 counties. We had 100,000 pro- unique place in the economy and the more, be more creative, think of more ducers. The average base then was culture of Kentucky. ideas than the rest of us mortals in the However, in recent years, increased about three-quarters of an acre. So you Senate. He is amazing. He is always foreign competition combined with de- had a lot of people in our State who got thinking, always working. Many times creased consumption, increased tax- some income off burley tobacco. It pro- in the Finance Committee I look over ation, and a broken Federal tobacco vided for many families a significant to the Senator from Louisiana and he program created a perfect storm that portion of their income. For a whole is there working. He is reading reams had the potential to bring about an lot of other families, because of the of briefing materials. He has his magic economic disaster of epic proportions auction warehouse system under which marker out and he is underlining and it was sold in the fall, it provided for Kentucky. The passage of this buyout will end learning this stuff. And he knows it so Christmas money for the family, a sec- well. ond income, an opportunity for some the Federal tobacco program and end the suffering caused by this outdated There are many areas he does know extras. For a lot of other Kentuckians, so well. One is health care. He knows it was very much a basic part of their program. The buyout will pay owners of quota for what remains of their dis- health care intricacies probably better income. than anybody else in this body. He has Well, all this is in the process of appearing asset, and it will provide as- worked with it on several commissions. changing. Six years ago, I advocated a sistance to growers to help them move He cares passionately about reforming buyout. At that time that was con- into other forms of agricultural pro- our health care system. troversial in my State. In fact, I think duction. Tax policy, Social Security, you a majority of the tobacco farmers Those that choose to continue to name it, if it is before the jurisdiction thought I was in the wrong position. produce tobacco will do so without the of the Finance Committee, he is very That certainly was the view of the price supports or Federal programs knowledgeable about it. He also, frank- Kentucky Farm Bureau and the burley that support other crops. They will ly, wants solutions. It is not just that council and the burley co-op, all of have to compete on the free market. he has knowledge and is very smart, whom thought I was in the wrong posi- However, without this buyout, they but he is looking to try to find solu- tion. would not have been able to compete at A few years later, I noticed I was all. tions, looking for compromises, look- then being treated as a visionary who This is indeed a great day for the ing for ways to get things done. was ahead of my time and had sensed Commonwealth of Kentucky. But, no We are going to sorely miss him; I that this thing was heading in the project of this magnitude is under- mean sorely. I do not know what we wrong direction and we better try to taken alone, and there are many people are going to do without him because he figure out some way to achieve a to whom I am grateful. is a catalyst, not the only catalyst but buyout or we would never get an oppor- Many people deserve thanks for one of the major catalysts, here to get tunity. bringing us to the day we experience agreements, to get solutions. We all A lot of people have contributed to today. I thank Chairman GRASSLEY. I know how partisan this place is. He is this day. This buyout that is in this know he, as indicated, was not in favor one of those who is cutting against the bill is not paid for by the taxpayers. of this, but this was part of the com- grain to try to do what is right, do And it is, indeed, a buyout. It termi- promise worked out in the conference. what is right for Louisiana, do what is nates the program. The program is en- I particularly thank Chairman BILL right for the country, getting a prac- tirely terminated and off the books. THOMAS over in the House, who did sup- tical solution: Come on, let’s get some- People who vote for this bill will be port it and aggressively advocated it, thing done here that makes sense. You able to say, among other things, that helped work with us to craft a final may not like it totally, you may not they ended the Federal tobacco pro- version. like it completely, but, heck, you all gram. I particularly thank RICHARD BURR know this is more than half a loaf, it is It is paid for by a manufacturer’s fee, from North Carolina, who was on the three-quarters, seven-eighths of a loaf, which will no doubt be passed along to conference and a particularly signifi- so it is certainly better than no loaf. the consumers. And as public health cant player in this whole process. So come on, let’s get something done advocates will tell you, the higher the Here in the Senate, I thank Senator here. cost of tobacco products, the fewer the ELIZABETH DOLE, whose tireless effort He is wonderful. I want him to know number of people who will use them. So on behalf of farmers in North Carolina how much I am personally going to it even has a public health aspect to it. is truly inspirational. I thank her staff- miss him. That is the version of the buyout, er David Rouzer, who also worked for Ms. LANDRIEU. Will the Senator $10.1 billion over 10 years. That is in Senator Helms, for being a critical part yield for 30 seconds? this underlying bill. of all of this. Senator Helms, of course, Mr. BAUCUS. I yield to the Senator. Mr. President, as I say, today is a was so much associated with tobacco The PRESIDING OFFICER. The jun- historic day for Kentucky and other to- over the years. ior Senator from Louisiana.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.029 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11221 Ms. LANDRIEU. Mr. President, I see measure to the Senate. It was not an conference. In conference we ran into the senior Senator from Louisiana on easy task. A lot of compromises had to the Food and Drug Administration to- the floor. I know he will want to re- be made. The House, led by Chairman bacco buyout goalpost. spond in a moment. I so appreciate the BILL THOMAS, was very strong in its po- We have passed the final goalpost comments from the Senator. But I sitions and opinions. The fact that we now. In this bill we had to go straight would like to add, very briefly, that as have a final product goes a long way to over the tackle, and we did, just like you have spoken about the senior Sen- the good work of both the chairman good old-fashioned Big Ten football. I ator from Louisiana, the great con- and the ranking member. will see the Senator from Minnesota sensus builder that he is, and helping To my colleague from Louisiana, I the last Saturday of November. We are us to move very important pieces of was not here over the weekend, but she finally now in the end zone. legislation, always with the greatest was handling the floor very well and Now I would like to thank the team sense of dignity and principle, I want was insisting on her point, as she al- that got us over the goal line. The first to say, as his partner in the Senate, I ways does, very eloquently. Hopefully, is Senator BAUCUS. I am certain that could not have a better partner. He is a ultimately she will get what she de- we would not be here without his good person who works in such a com- servedly should get as a result of her work and cooperation. In addition, I plementary way with me. We work well efforts with regard to protecting the thank all other members of the Senate together, and it is because of the great National Guard. This fight is far from Finance Committee for their time and spirit he brings to his work. I think be- over. I will have more, perhaps in a energy in making this bill a reality. I would like to point out a special cause of his spirit, we have been a bet- lameduck, to say about what I think thanks to a couple senior members of ter team together than we are individ- about this body and how much I have the Senate Finance Committee, Sen- ually for our State. I learned that from loved it, how much I will always re- ator NICKLES and Senator JOHN him. I want to give him so many com- member it during our period of time in BREAUX. pliments this morning and thank him our lameduck session. But to Senator Senator NICKLES has been a Finance for his great service. BAUCUS and my colleague, Senator Committee member since 1995. He has The PRESIDING OFFICER. The Sen- LANDRIEU, I thank them very much. left a big impact on trade, tax, health ator from Montana. They have both been a guide for me in care issues that have come before the Mr. BAUCUS. Mr. President, before I learning the Senate Finance Com- committee. He and I have not always yield to the Senator, one final point. I mittee, which has been a wonderful seen eye to eye on all issues, but he is know he had a hard time deciding place to serve. a hard-working, tenacious Member of whether to retire, a very hard time. I I yield back my time. the Senate. He takes the work of the The PRESIDING OFFICER. Who spoke with him several times. I did not committee seriously. yields time? want to prejudice him or bias him: Is Senator BREAUX has been on the Sen- Mr. BAUCUS. Mr. President, I yield there some way I can help JOHN make ate Finance Committee since 1990. He back the remainder of my time. this decision? And I mean that in the succeeded Senator Long in the Senate. The PRESIDING OFFICER. The Sen- best sense of the term because, of Senator Long was a legendary member ator from Iowa. course, I want him to stay. of the Finance Committee, the longest Mr. GRASSLEY. Mr. President, On the other hand, I didn’t want to serving chairman it has ever had, a today is a historic day in the world of influence his decision. I wanted him to major architect of much tax legisla- tax policy. We are about to pass the do what is best for him. Because it was tion. Senator Long left a legacy on the most significant reform of American such a hard decision, that to me is very Finance Committee. Senator BREAUX business taxation since 1986. I am not strong evidence again of the deep pub- followed up on the legacy of Senator talking about large corporate reforms. lic service spirit and desire he has. He Long, taking the practical, construc- This bill contains some of the most im- loves public service, serving the public tive, and creative approach of Senator portant small business reforms in as well as Louisiana but specifically Long. Senator BREAUX has blazed his years. This bill represents the most the country generally. own trail on the Senate Finance Com- He decided there are other things in comprehensive agricultural, small mittee. life besides the Senate. I will not get business, rural community tax incen- In many cases, the Senate is para- into that subject. I don’t think that is tive package ever written by Congress. lyzed by partisan politics. I am proud a subject on which very many of us The bill contains far-reaching meas- that the Finance Committee is still a want to tread. But we deeply appre- ures to revive the manufacturing base workshop of bipartisan problem-solv- ciate the friendship, the legislative tal- in America by cutting taxes and cre- ing. Senator BREAUX has been a key ents of the Senator from Louisiana. ating incentives to invest and create element at that continuing bipartisan The PRESIDING OFFICER. The sen- jobs in the United States. This manu- tradition. Hopefully, the Democratic ior Senator from Louisiana. facturing tax goes to large and small caucus, which has been steadily mov- Mr. BREAUX. I was going to talk corporations, family-held S corpora- ing to the left over the years, will re- about the tax bill, but after the kind tions, partnerships, sole proprietor- place him with a like-kind pragmatist. words of both the distinguished rank- ships, farmers, and co-ops. The country will be better off for it. ing member and my colleague from This is the football season. With Over the last couple of years, the Louisiana, just let me say a very sin- apologies to the Senate’s chart expert, States of Oklahoma and Louisiana cere thank you to both for their very my colleague from North Dakota, Mr. have been well represented on the Fi- generous comments. I will remember CONRAD, I am going to use one last nance Committee. Unfortunately, there and cherish them always. chart for this bill. This chart behind will be a bit of a vacuum with the de- Russell Long told me one time, when me is about the football. It is a chart parture of Senators NICKLES and I asked him about a tax bill they were that I used about 7 months ago. During BREAUX. I am pleased that this bill working on over in the Senate—at the that time, spring drills were about the contains many priorities of these two time, I was a relatively very young only football activity. The chart shows Senators. For Senator NICKLES, there Member of the House—I said: Russell, several sets of goalposts. As this im- was the depreciation change that he that thing doesn’t look very pretty. He portant bill has wound its way through has fought for over the years. For Sen- said: It is not supposed to look pretty; the legislative process, at each stage ator BREAUX, important priorities for it is supposed to be effective, and that the goalposts were moved and moved his State of Louisiana included signifi- is not necessarily pretty. and moved. Sometimes we had to call cant changes in the tax treatment of This bill probably represents that. It timeout. But at each stage we held on key Louisiana interests such as agri- is not everything everybody would like to the ball. We had an overtime regula- culture, aquaculture, energy produc- to have, but it is effective tax policy. tion goalpost. We had a trade adjust- tion, shipbuilding, forestry, and ship- The chairman, the Senator from Iowa, ment assistance goalpost. We had an ping. It is a fitting tribute to these two Mr. GRASSLEY, and Senator BAUCUS unemployment insurance goalpost. members of the Finance Committee. have worked very hard under very dif- Those were Senate floor goalposts. We We are also saying goodbye to Sen- ficult circumstances to bring this passed each goalpost. Then we got to ator BOB GRAHAM of Florida. Senator

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.031 S11PT1 S11222 CONGRESSIONAL RECORD — SENATE October 11, 2004 GRAHAM has been on the Finance Com- here to continue to do the people’s Mr. DODD. Mr. President, there are a mittee since 1995. In the 1990s, Senator business. few of us who would like to be heard on GRAHAM was also a bipartisan bridge I yield the floor. different subject matters. Maybe we builder on tax and trade issues. Sen- The PRESIDING OFFICER. All time could work out some arrangement so ator GRAHAM faithfully attended to has expired. we don’t have to wait around. I have Florida’s interests during his service The question is on agreeing to the about 20 minutes to speak on the bill on the committee. conference report to accompany H.R. that was just agreed to. I know other I thank also Senator FRIST for back- 4520. colleagues will also request time on ing me all the way on this bill. He took Mr. GRASSLEY. Mr. President, I ask various matters. months to get it to the Senate floor. At for the yeas and nays. I will ask unanimous consent that times many of our Republican caucus The PRESIDING OFFICER. Is there a once matters of business are finished, I questioned whether it was worth the sufficient second? be recognized for 15 minutes in morn- price of unrelated controversial amend- There is a sufficient second. ing business. ments that were thrown our way. Our The clerk will call the roll. f leader stayed the course. I appreciate The legislative clerk called the roll. that very much. Mr. MCCONNELL. The following Sen- GUARDSMEN AND RESERVISTS I would like to thank my staff on the ators were necessarily absent from to- FINANCIAL RELIEF ACT OF 2004 Senate Finance Committee as well: day’s vote—the Senator from Colorado The PRESIDING OFFICER. Under Kolan Davis, our staff director; Mark (Mr. CAMPBELL), the Senator from the previous order, the Finance Com- Prater, chief tax counsel, and the other Georgia (Mr. CHAMBLISS), the Senator mittee is discharged from further con- tax counsels—Ed McClellan, Elizabeth from Arizona (Mr. MCCAIN), the Sen- sideration of H.R. 1779, the Senate will Paris, Dean Zerbe, Christy Mistr, and ator from Pennsylvania (Mr. SPECTER), proceed to the consideration of the John O’Neill, as well as John’s prede- and the Senator from New Hampshire amendment at the desk, which is cessor, Diann Howland. These individ- (Mr. SUNUNU). agreed to, the motion to reconsider is uals, along with Adam Freed, the staff Mr. REID. I announce that the Sen- laid on the table, the bill, as amended, assistant for the tax team, have been ator from North Dakota (Mr. DORGAN), is read a third time and passed, and the the workhorses for the committee— the Senator from North Carolina (Mr. motion to reconsider is laid on the keeping the lights burning long into EDWARDS), the Senator from Florida table. the night to make this bill possible. (Mr. GRAHAM), the Senator from South The amendment (No. 4061) was agreed Finally, thanks go to the hard-work- Carolina (Mr. HOLLINGS), the Senator to. ing interns and law clerks. I refer to from Massachusetts (Mr. KERRY), the (The amendment is printed in today’s Casey August, Grant Menke, and Peter Senator from New Jersey (Mr. LAUTEN- RECORD under ‘‘Text of Amendments.’’) Jordan. Grant took the summer off to BERG), the Senator from Vermont (Mr. The bill (H.R. 1779), as amended, was call balls and strikes as an umpire in LEAHY), and the Senator from Georgia read the third time and passed. the New York-Penn league. Grant (Mr. MILLER) are necessarily absent. f The PRESIDING OFFICER. Are there helped us with this bill in the spring REFUNDABLE TAX CREDITS FOR any other Senators in the Chamber de- and returned in time for the con- MUNICIPALITIES ference. siring to vote? Let me extend my thanks also to The result was announced—yeas 69, The PRESIDING OFFICER. Under George Yin and the staff of the Joint nays 17, as follows: the previous order, the Senate will pro- Committee on Taxation for providing [Rollcall Vote No. 211 Leg.] ceed to consideration of S. Res. 464, guidance in this effort. I want to par- YEAS—69 which the clerk will report by title. The assistant legislative clerk read ticularly point out the good work of Alexander Dole McConnell Ray Beeman, David Noren, and Gray Allard Domenici Mikulski as follows: Fontenot. The Finance Committee tax Allen Ensign Murkowski A resolution (S. Res. 464) relating to re- Baucus Enzi Murray fundable tax credits from municipalities. staff refers to this trio of specialists as Bayh Feingold Nelson (FL) the ‘‘three amigos.’’ The three amigos Bennett Fitzgerald Nelson (NE) The PRESIDING OFFICER. Under helped us find a lot of gold out there in Bingaman Frist Nickles the previous order, the resolution is corporate loophole land. Brian Meighan Bond Graham (SC) Pryor agreed to and the motion to reconsider Breaux Grassley Reid recently left the three amigos for the Brownback Hagel Roberts is laid on the table. private sector. Bunning Harkin Santorum The resolution (S. Res. 464) was I would like to thank the leadership Burns Hatch Schumer agreed to. Cantwell Hutchison Sessions The resolution reads as follows: staff for all their assistance. From Sen- Chafee Inhofe Shelby ator FRIST’s staff, I thank Lee Rawls, Clinton Inouye Smith S. RES. 464 Eric Ueland, Ronit Kumar, and Libby Cochran Jeffords Snowe Whereas, the Senate today passed a free Jarvis. I also thank our Senate leader- Coleman Johnson Stabenow standing measure which is designed to ad- Conrad Kyl Stevens ship team and their staffs, especially dress tax relief issues relating to Reservists Cornyn Landrieu Talent and National Guardsmen; our able whip, Senator MCCONNELL. Craig Lieberman Thomas Finally my thanks to go Jim Crapo Lincoln Voinovich Whereas, one of the provisions of the pack- age provides tax relief to employers of Re- Fransen, Mark Mathiesen, Mark Daschle Lott Warner Dayton Lugar Wyden servists and National Guardsmen; McGunable and their capable staff at Whereas, the employer provision is tar- legislative counsel for taking on our NAYS—17 geted to businesses and tax paying entities; ideas and drafting them into statutory Akaka Corzine Kennedy Whereas, State and local governments are language. These talented lawyers are Biden DeWine Levin facing budgetary pressures, particularly with Boxer Dodd Reed the true wizards of the legislative proc- regard to homeland security; Byrd Durbin Rockefeller Whereas, many local first responders have ess. They handle enormous pressure Carper Feinstein Sarbanes Collins Gregg been called to active duty in the National with professionalism and amazing dex- Guards and Reserves, and many state and terity. ANSWERED ‘‘PRESENT’’—1 local governments have continued to pay I invite everybody to relax a bit Kohl their salaries, thus increasing the budgetary today. After the vote tonight, everyone pressure on state and local governments; NOT VOTING—13 should go home and get a good night’s Whereas, the Senate recognized this pres- sleep. As for me, now we are getting Campbell Hollings Miller sure by including in the FSC–ETI bill a pro- Chambliss Kerry Specter vision to compensate state and local govern- ready to wrap up. I am looking forward Dorgan Lautenberg Sununu ments for closing the pay gap of first re- to going home to Iowa. It is harvest- Edwards Leahy Graham (FL) McCain sponders who are called to active duty in the time in the fields. I have some work to National Guards and Reserves: Now, there- do on the farm. We also have a bit of an The conference report was agreed to. fore, be it election coming up. God willing, the The PRESIDING OFFICER. The Sen- Resolved, That it is the Sense of the Senate good folks of Iowa will send me back ator from Connecticut. that:

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.034 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11223 1. The Senate should reiterate its support lion for Guard and Reserve construc- tant environmental programs in the for reimbursing state and local governments tion. It is important that we increase Department of Agriculture. for closing the pay gap for first responders the quality of the training facilities for I was also concerned that the pack- who are called to active duty in the National our Guard and Reserve. Senator FEIN- age requested by the President Guard and Reserves by considering expand- ing the employer tax relief provisions to STEIN and I made a point of doing that leapfrogged Federal Highway Adminis- cover state and local governments; and during this conference because we felt tration assistance for damage done by 2. The President should consider including the Guard and Reserve is way behind in the hurricanes ahead of the backlog of such a proposal in his Fiscal Year 2006 Budg- keeping up with the training facilities projects required to repair damage et Submission. they need and for the job we are asking from past disasters. The PRESIDING OFFICER. Under them to do. They certainly deserve it. However, this concern was addressed the previous order, the Senator from We increased funding for military by an agreement to fully fund the California, Mrs. BOXER, is to be recog- housing and worked with the defense backlogged emergency relief program nized for 30 minutes. authorization committee to make sure in the pending omnibus bill. Mr. REID. Mr. President, I yield the that the privatization cap was lifted— Chairman HUTCHISON indicated at the time. a very important step for the quality of conference that Speaker HASTERT and housing for our military personnel. f Majority Leader FRIST have committed I am very proud of this bill. I am to fully fund the States that need this MILITARY CONSTRUCTION APPRO- proud that we are meeting the military assistance, and I appreciate their help PRIATIONS ACT, 2005—CON- construction needs. I am proud we were on this issue. FERENCE REPORT able to provide for the needs of Florida There are currently $752 million in The PRESIDING OFFICER. Under in their disaster recovery efforts and projects that have not been funded, the previous order, the Senate will re- also the drought that has actually been even though they have already quali- sume consideration of the conference funded for not only the present drought fied for emergency relief. report to accompany H.R. 4837, which in certain parts of our country but California alone has over $240 million the clerk will report. droughts in the past in Texas and other in projects that have not been funded. The assistant legislative clerk read places where the money has run out. I appreciate Chairman YOUNG’s willing- as follows: I am proud of this bill. I thank my ness to rectify this situation and look ranking member, Senator FEINSTEIN, Making appropriations for military con- forward to the emergency relief fund- struction, family housing, and base realign- for her help and valuable assistance in ing program being funded in the omni- ment and closure for the Department of De- making this happen. bus. Mrs. FEINSTEIN. Mr. President, I fense for fiscal year ending September 30, The conference agreement also in- am pleased that the conferees on the 2005. cludes Senator STEVENS’ provision on fiscal year 2005 Military Construction The PRESIDING OFFICER. The Sen- the Alaska Natural Gas pipeline. Appropriations bill have reached agree- ator from Texas. Senator STEVENS has worked for the ment, and I would like to say a few Mrs. HUTCHISON. Mr. President, I past few years to authorize funding for ask unanimous consent that the Sen- words about the bill. The conference report includes im- this pipeline, and I am pleased that we ator from California, Senator FEIN- portant funding for the reconstruction could get this done for the senior Sen- STEIN, and I have 5 minutes to speak on efforts in States affected by recent hur- ator from Alaska. the military construction bill. ricanes and assistance for agricultural The provision authorizes the con- The PRESIDING OFFICER. Is there producers suffering from drought and struction of a pipeline from Prudhoe objection? other natural disasters. Bay, AK, to the lower 48, with a dedi- Mr. REID. Reserving the right to ob- First, let me address the military cated supply of natural gas to Cali- ject, Mr. President, I ask unanimous construction portion of the agreement. fornia. consent that the Senator from Con- While the President’s budget request The provision provides Federal loan necticut be recognized following the was $9.55 billion, only 2.5 percent over guarantees to whatever entity builds/ disposition of the business the Chair last year’s enacted level, the con- decides to build the pipeline, as Sen- has. ference report provides $10 billion for ator STEVENS requested. The PRESIDING OFFICER. Is there military construction and family hous- The demand for natural gas in this objection? ing programs for fiscal year 2005. country is growing exponentially, par- Without objection, it is so ordered. These new facilities are crucial to ticularly in my State of California. The Senator from Texas. the well being of our troops, especially Natural gas prices have risen dramati- Mrs. HUTCHISON. Mr. President, the at a time when our active and Reserve cally over the past several years, from Military Construction bill is a very im- forces are, along with their families, $2 per thousand cubic feet in 1998 to portant bill this year. Senator FEIN- being asked to make enormous sac- over $7 just this week. STEIN, the ranking member, and myself rifices for our country. We need more natural gas, and I hope as chairman of the committee wanted The conference report also provides that Senator STEVENS’ provision to to talk about its importance. $11.6 billion in disaster assistance, in- bring Alaska natural gas down to the This is a bill that focuses on the cluding $8.8 billion for hurricane-re- lower 48 states and particularly Cali- quality of life for our military per- lated relief which is designated as fornia will help meet that demand. sonnel and also makes sure they have emergency spending and $2.8 billion in Mr. President, while I would have the family housing and training facili- assistance for agricultural producers preferred to pass the Military Con- ties they need. suffering through drought and other struction bill without the contentious In addition to our Military Construc- natural disasters, which is offset by a issues surrounding this disaster assist- tion bill, this is the disaster supple- cap on spending for the Conservation ance package, I support this conference mental. This is the bill that was chosen Security Program. report and hope my colleagues will do to provide help for hurricane victims in I think we all recognize the impor- the same. Florida and drought relief for our farm- tance of this assistance package, but I Finally, I want to thank Senator ers. Also, the Alaska pipeline that is so am disappointed that the majority in- HUTCHISON for the manner in which she important to the economy of our coun- sisted on treating emergencies in dif- handled this process. I have long ad- try as well as to the economy of Alaska ferent part of the Nation unequally. mired her integrity and her leadership is in this bill. I am very pleased we Drought relief for farmers in the Mid- in reaching this agreement was out- were able to produce a bill that encom- west and across the Nation is no less standing. passed all of these very important important than hurricane relief in the Mr. President, this is a good bill. It items at the close of this very impor- Southeast and should not have re- has had some hiccups along the way. tant session. quired an offset from the Conservation One of them, of course, was the House There is in the military construction Security Program. put in the disaster relief package and conference report $4.5 billion for active Offsetting this funding hobbles the had the signatures and would have components construction and $9.45 mil- effectiveness of one of the most impor- eventually rolled us in conference.

VerDate Aug 04 2004 02:01 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.024 S11PT1 S11224 CONGRESSIONAL RECORD — SENATE October 11, 2004 However, Senator HUTCHISON said that guage designating the funding as emer- Texas is still waiting to receive at we would have another conference, gency spending. least $17.2 million from no fewer than that she would not do this, and she While I support the overall funding seven separate disasters including kept her word. That is a very big thing for the Emergency Relief Program, I floods, hurricanes and ice storms dat- in this body, that if you give your strongly object to the bill language ing all the way back to the end of cal- word, keep your word, and she did. I governing this appropriation. At endar year 2000. present, there are 90 projects from a am very grateful for that. During our conversations leading up Because of this conference we were total of 34 States that have been wait- the final conference meeting on this able to receive an amendment from the ing to receive emergency relief funds bill, the chairman of the House Appro- Senator from South Dakota, Senator for road projects stemming from Presi- priations Committee, Mr. YOUNG of JOHNSON, on drought relief. It was de- dentially declared disasters. A great Florida, assured me that an agreement feated, but then we were able to pass many of these projects stem from dis- the bill without rancor and without a asters that took place years ago and had been reached on this matter be- sense that in the dark of night the those States have been waiting an inor- tween himself, the Speaker of the Democratic side had been done in. dinate length of time for reimburse- House and our majority leader. Under I am very proud to say that I think it ment. Despite this fact, the language that agreement, sufficient emergency is a good bill. I want to give Senator governing the appropriation contained funding will be provided in the final HUTCHISON credit for that. She kept her in this conference report effectively omnibus appropriations bill for this word. That is a very big item. places the needs stemming from the year to ensure that the existing back- I thank Senator HUTCHISON, and I ap- four recent hurricanes as well as one log of projects will be fully com- preciate the time. hurricane that took place 2 months ago pensated. I made mention of this agree- Mrs. HUTCHISON. Mr. President, if I to the head of the list. This language ment during our open conference com- could just say thank you. I am very makes the $1.2 billion in the bill avail- mittee deliberations and I want to as- humbled by the remarks of the Senator able only for those five hurricanes and sure my friend from Washington that from California and appreciate very then stipulates that, if there is any our mutual concern over this matter much her recognition. Her leadership funding remaining after those needs will be addressed fully in the final om- also got a commitment and will be in a are met, that remaining funding can be nibus appropriations bill. colloquy regarding the highway funds used for the projects on the backlog Mrs. FEINSTEIN. Mr. President, I that will also be attached to this re- list. too wish to thank the Senator from port. The Senator from California and To my knowledge, we have never al- Washington for raising this critically myself and other States took a back lowed certain natural disasters to get important issue. Indeed, no State has seat to the Florida highway needs after preferential treatment over other dis- been more disadvantaged than my own the hurricane, but we got assurances asters under this program. And this by the decision to target the available from the Speaker, the majority leader new precedent will work a hardship on emergency relief funding in this bill of the Senate, and the chairman of the my state and a great many others. My largely if not exclusively to the recent Appropriations Committee on the State of Washington is still waiting for hurricanes. That decision was not House side that we would address this reimbursement of some $19.4 million made by the conferees on the military issue and get the funds for previous stemming from six separate disasters construction portion of the bill. Rath- emergencies from the highway fund dating as far back as the Nisqually er, it was made by the full committee back into the 39 States that gave them earthquake in February 2001. The same leadership. As such, I am grateful to up for Florida to receive help right can be said for 33 other states that are the subcommittee chairman, Senator now. also owed varying amounts. HUTCHISON, for working with her own FEDERAL HIGHWAY ADMINISTRATION Based on my objection and those of leadership and Chairman YOUNG in EMERGENCY RELIEF several other Senators, I understand gaining their assurance that these out- Mrs. MURRAY. Mr. President, as the that there have been a series of discus- standing emergency relief claims will ranking member of the Appropriations sions among the appropriate congres- be fully funded in this year’s omnibus Subcommittee on Transportation, sional and administration leaders to appropriations bill. Treasury, and General Government, I set forth a plan on how this backlog of rise to discuss a matter of great impor- emergency relief claims will be ad- Mrs. MURRAY. I thank the managers tance to my State and 33 other dressed in the near future. This plan of the bill for their attention to this States—namely, the continuing back- was discussed during the conference matter and I’m pleased that they have log of claims for the Federal Highway committee deliberations on the mili- received assurances that this problem Administration’s Emergency Relief tary construction bill so I would wel- will be addressed fully in the omnibus program. come the comments of the managers of appropriations act. For the interest of The Military Construction Appro- that bill on this matter. all Senators, I ask unanimous consent priations conference report that we are Mrs. HUTCHINSON. I thank my that the most up-to-date backlog list currently debating includes a title con- friend from Washington for raising this provided to me by the Federal Highway taining emergency disaster assistance. issue. I share her concern that the ex- Administration be printed in the Within that title, a total of $1.202 bil- isting backlog of emergency relief RECORD. lion is made available for the Emer- projects has not been adequately ad- There being no objection, the mate- gency Relief Program. This appropria- dressed under the disaster assistance rial was ordered to be printed in the tion carries with it the necessary lan- title of this bill. Indeed, my State of RECORD, as follows: CURRENT EMERGENCY RELIEF PROGRAM FUND REQUESTS [Updated 10/4/04 8:00 a.m.]

Amount Subtotal State Event Requested by State

Alaska ...... AK02–1, Spring 2002 Flood ...... 603,262 Alaska ...... AK03–1, October & November 2002 Floods ...... 9,931,409 Alaska ...... AK03–2, November 3, 2002 Earthquake ...... 30,296,337 40,831,008 American Samoa ...... AQ03–1, May 2003 Flooding/Landslides ...... 4,243,500 American Samoa ...... AQ04–1, January 4, 2004 Tropical Cyclone Heta ...... 15,725,525 19,969,025 Arizona ...... AZ01–1, October 2000 Flood ...... 514,800 Arizona ...... AZ02–1, Rodeo-Chediski Wild Fire 2002 ...... 2,280,200 2,795,000 Arkansas ...... AR01–1, December 2000 Ice Storm ...... 4,586,937 Arkansas ...... AR04–1, April 2004 Flooding ...... 1,585,011 6,171,948 California ...... CA83–1, 1983 Devil’s Slide ...... 150,316,533 California ...... CA03–1, December 2002 Storms ...... 45,863,000 California ...... CA04–1, October 2003 San Diego Wildfires ...... 44,300,000 240,479,533 Colorado ...... CO03–1, June 2003 Sinkhole I–70 ...... 2,048,928 2,048,928 Connecticut ...... CT04–1, March 25, 2004 I–95 Truck Fire ...... 9,200,000 9,200,000 Delaware ...... DE03–1, 2003 Hurricane Isabel & Storm Henri ...... 1,058,000 1,058,000 Guam ...... GQ02–1, October 13, 2001 Earthquake ...... 264,000

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.039 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11225 CURRENT EMERGENCY RELIEF PROGRAM FUND REQUESTS—Continued [Updated 10/4/04 8:00 a.m.]

Amount Subtotal State Event Requested by State

Guam ...... GQ02–2, July 2002 Typhoon Chata’an ...... 1,581,500 Guam ...... GQ03–1, December 2002 Typhoon Pongsonga ...... 8,442,526 10,288,026 Idaho ...... ID02–1, April 2002 Flood ...... 287,000 287,000 Illinois ...... IL02–1, April 2002 Storm ...... 3,001,600 3,001,600 Iowa ...... IA04–1, May/June 2004 Storms and Flooding ...... 3,000,238 3,000,238 Kansas ...... KS03–1, June 2003 Flood ...... 868,285 868,285 Louisiana ...... LA03–1, 2003 Hurricane Lilli ...... 6,029,552 6,029,552 Maryland ...... MD03–1, September 2003 Hurricane Isabel ...... 4,413,500 4,413,500 Michigan ...... MI02–1, April 2002 Flood ...... 1,035,000 Michigan ...... M103–1, May 2003 Storms ...... 1,779,736 2,814,736 Minnesota ...... MN01–1, April 2001 Flood ...... 404,016 Minnesota ...... MN02–1, June 2002 Flood ...... 2,148,415 2,552,431 Mississippi ...... MS03–1, April 2003 Storms ...... 2,381,684 2,381,684 Missouri ...... MQ02–1, April 2002 Flood ...... 1,177,000 1,177,000 Montana ...... MT04–1, November 18, 2003 US 2 Bridge Damage ...... 3,678,076 3,678,076 Nebraska ...... NE02–1, July 2002 Flood ...... 2,262,000 Nebraska ...... NE03–1, May, 2003 I–80 Overpass Collapse ...... 1,269,000 3,531,000 New Hampshire ...... NH03–1, August 2003 Storms ...... 2,282,000 2,282,000 New Jersey ...... NJ99–1, 1999 Hurricane Floyd ...... 1,692,000 New Jersey ...... NJ00–1, August 2000 Flood ...... 3,564,000 New Jersey ...... NJ01–1, June 22, 2001 I–80 Truck Fire ...... 1,028,000 New Jersey ...... NJ02–1, May 30, 2002 Creek Road Br over I–295 ...... 335,769 6,619,769 New York ...... NY01–1, December 2000 Flood ...... 121,000 New York ...... NY02–1, April 20, 2002 Earthquake—Clinton Co...... 584,016 New York ...... NY03–1, April 2003 Ice Storm ...... 5,662,951 New York ...... NY03–2, Summer 2003 Storms ...... 2,241,669 New York ...... NY03–3, August 2003 Power Outage ...... 846,000 New York ...... NY04–1, May/June 2004 Storms and Flooding ...... 1,600,000 11,055,636 N. Mariana Islands ...... CN02–1, July 2002 Typhoon Chata’an ...... 21,579 N. Mariana Islands ...... CN03–1, December 2002 Typhoon Pongsonga ...... 988,157 1,009,736 North Carolina ...... NC03–1, December, 2002 Winter Storm ...... 15,231,000 North Carolina ...... NC03–2, February 2003 Ice Storm ...... 5,077,000 North Carolina ...... NC03–3, September 2003 Hurricane Isabel ...... 16,923,000 37,231,000 North Dakota ...... ND01–1, Spring 2001 Devils Lake ...... 19,157,000 North Dakota ...... ND04–1, Spring 2004 Flooding in NE ND ...... 1,980,949 North Dakota ...... ND04–2, May 2004 Devils Lake ...... 13,572,000 34,709,949 Ohio ...... OH04–1, January 3, 2004 Flooding ...... 32,423,648 Ohio ...... OH04–2, May/June 2004 Flooding ...... 2,610,000 35,033,648 Oklahoma ...... OK01–1, Dec/Jan 2001 Ice Storm ...... 2,938,000 Oklahoma ...... OK02–1, May 26, 2002 I–40 Bridge Failure ...... 11,665,000 14,603,000 Pennsylvania ...... PA01–1, June 2001 Flood ...... 447,000 Pennsylvania ...... PA03–1, July 2003 Storms ...... 1,616,956 Pennsylvania ...... PA03–2, September 2003 Flooding ...... 2,743,600 Pennsylvania ...... PA04–1, January 24, 2004 Route 33 Sinkhole ...... 5,839,886 10,647,442 Puerto Rico ...... PR01–2, November 2001 Flood ...... 516,000 Puerto Rico ...... PR03–1, Rains, Runoff, & Flooding, April 2003 ...... 2,200,000 Puerto Rico ...... PR04–1, November 2003 Rainfall ...... 5,800,000 8,516,000 South Dakota ...... SD01–1, Spring 2001 Flood ...... 282,000 282,000 Texas ...... TX01–1, Dec/Jan 2001 Ice Storm ...... 925,000 Texas ...... TX01–2, June 2001 Storm Allison ...... 850,000 Texas ...... TX01–3, Sept.15, 2001 Qn. Isabella Br. Failure ...... 3,253,000 Texas ...... TX02–1, July 2002 Flood ...... 5,366,000 Texas ...... TX03–1, 2003 Hurricane Claudette ...... 898,212 Texas ...... TX04–1, April 2004 I–20 Bridge Failure ...... 4,766,192 Texas ...... TX04–2, May 2004 Flooding ...... 1,156,871 17,215,275 Vermont ...... VT03–1, August 2003 Storm ...... 690,500 690,500 Virginia ...... VA01–1, July 2001 Flood ...... 702,034 Virginia ...... VA02–1, March 2002 Flood ...... 3,738,073 Virginia ...... VA03–1, September 2003 Hurricane Isabel ...... 29,921,948 Virginia ...... VA04–1, August 2004 Tropical Storm Gaston ...... 12,787,000 47,149,055 Virgin Islands ...... VI04–1, November 2003 Rainfall ...... 1,100,000 1,100,000 Washington ...... WA01–1, Feb 28, 2001 Nisqually Earthquake ...... 3,989,000 Washington ...... WA02–1, Nov/Dec 2001 Flood ...... 725,000 Washington ...... WA02–2, January 2002 Storm ...... 549,000 Washington ...... WA03–1, February 2003 Storms-Multiple Cos...... 1,460,000 Washington ...... WA04–1, October 2003 Storms & Flooding ...... 11,508,000 Washington ...... WA04–2, November 2003 Storms & Flooding ...... 1,185,000 19,416,000 West Virginia ...... WV01–2, July 7, 2001 Flood ...... 925,000 West Virginia ...... WV02–1, May 2002 Flood ...... 3,216,000 West Virginia ...... WV03–1, February 2003 Storms ...... 3,468,152 West Virginia ...... WV03–2, June 2003 Storms/flooding ...... 3,126,695 West Virginia ...... WV04–1, November 2003 Rains & Flooding ...... 6,202,805 West Virginia ...... WV04–2, May 2004 Flooding ...... 5,063,199 22,001,851 Wyoming ...... WY02–1, August 2002 Flood ...... 1,097,955 1,097,955 FLH Manag. Agencies ...... Various events ...... 114,862,000 114,862,000 Subtotal ...... 752,099,386 752,099,386 Various States ...... 2004 Hurricanes (Charley, Frances, Ivan, Jeanne)* ...... 764,000,000 Total ...... 1,516,099,386 *Preliminary estimates.

Mr. COCHRAN. Mr. President, I am ing $6.5 billion in emergency funding the several hundred repair projects and pleased to recommend approval by the which will return the balance of the mitigation activities across the coun- Senate of the fiscal year 2005 Military disaster relief fund to a healthy level. try resulting from every other feder- Construction appropriations conference This is in addition to the $2 billion sup- ally declared disaster of the past few report, which contains emergency sup- plemental the Congress provided imme- years. I have been assured by the De- plemental appropriations needed by diately following the devastation partment of Homeland Security that States seeking Federal funding from caused by Hurricane Charley. Addi- these funds are sufficient to cover the the disaster relief fund administered by tional appropriations for FEMA’s dis- current needs of our Nation’s disaster the Federal Emergency Management aster relief fund cannot wait because victims and I support this funding. Agency. the balance of this important program On September 8, the President signed has again been depleted to a dan- Mr. BYRD. Mr. President, on Friday into law $2 billion in supplemental ap- gerously low level following three addi- night, as Senators headed home after propriations for FEMA. Since then, the tional hurricanes and other natural the final vote of the day, the House- President has made 3 more requests for disasters. Senate conference on the military con- funding for various departments within This funding will not only be needed struction appropriations bill reached the Government. Today we are re- by the victims of recent hurricanes in its conclusion. With the conferees in sponding to those requests and includ- the southeast but will also be used for agreement, all that remained to be

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.033 S11PT1 S11226 CONGRESSIONAL RECORD — SENATE October 11, 2004 done on that bill was to file and pass leaders of Congress to cut a backroom I yield the floor. the conference report. deal in the dead of night, simply to Mrs. FEINSTEIN. Mr. President, I But work on that bill did not stop allow members of the House to leave am pleased today that the Senate will there. In the dead of night, the leader- town before the Senate. accept by voice vote the fiscal year 2005 ship intervened in the conference to The managers stuck to their guns Military Construction Appropriations jam an additional $11.6 billion funding and insisted that the conferees meet Conference Report. package onto that bill. The Senators again in open session to consider the The conference report includes im- who served on that conference com- whole package. This is as much as they portant funding for the reconstruction mittee didn’t know what hit them. could do in the face of the majority efforts in States affected by recent hur- This disaster supplemental was never leadership. The managers of the mili- ricanes and assistance for agricultural considered, debated, or voted on by the tary construction bill held as firm as producers suffering from drought and Senate. Senators never had a chance to they could against the arm-twisting of other natural disasters. examine or weigh in on this spending. the Republican leaders. But the deck First let me address the military Appropriations for disaster relief to was stacked, and the leadership never construction portion of the agreement. address the problems resulting from intended to allow the Senate a moment While the President’s budget request the four recent hurricanes are undoubt- of debate on this spending package. It was $9.55 billion, only 2.5 percent over edly required. However, there are ex- was just jammed in at the last minute. last year’s enacted level, the con- tensive backlogs of unfunded needs re- In this respect, my refusal to sign the ference report provides $10 billion for sulting from earlier disasters that are conference report, except for the mili- military construction and family hous- not addressed at all in this relief pack- tary construction aspect, reflects my ing programs for fiscal year 2005. age. This bill fails to provide the funds solidarity with the Senator from Iowa, These new facilities are crucial to the well being of our troops, especially to address the $752 million backlog for Mr. HARKIN, and his battle to imple- 34 States in the emergency highway ment the Conservation Security Pro- at a time when our active and reserve program or a $128 million backlog for gram, which he authored as part of the forces are, along with their families, being asked to make enormous sac- 43 States in the USDA debris removal 2002 farm bill. It is unfair for this Sen- rifices for our country. programs. In 43 States, the debris from ator to have to keep fighting for the The conference report also provides survival of this program year after past floods and other disasters has yet $11.6 billion in disaster assistance, in- year before. Any Senator who is famil- to be cleaned up. So, the next time a cluding $8.8 billion for hurricane-re- iar with the difficult decisions a farmer flood comes rolling down the valley, lated relief which is designated as must make to operate a successful the water will have no place to go, emergency spending and $2.8 billion in making the damage even worse. What business knows that when a farmer de- assistance for agricultural producers kind of a short-sighted policy is that? cides to commit to the conservation suffering through drought and other Sadly, our President and administra- practices required by this important natural disasters, which is offset by a tion seem to only be able to focus on environmental program, that farmer is cap on spending for the Conservation the immediate crisis. By all means, we making a long term commitment. But Security Program. should provide the $11.6 billion of as- year after year, the Republican major- I think we all recognize the impor- sistance to the victims of the four re- ity tries to shackle this program with tance of this assistance package, but I cent hurricanes. But why has the Presi- new limits. How can a farmer make a am disappointed that the majority in- dent shown no interest in helping the long term commitment to conservation sisted on treating emergencies in dif- communities hit by past disasters in when the rules keep changing? ferent parts of the Nation unequally. West Virginia, Pennsylvania, Ohio, or I hope that the Senate will return to Drought relief for farmers in the Mid- California? The Federal Government its prior way of doing business, when west and across the Nation is no less owes just those four States over $307 the regular order was followed and the important than hurricane relief in the million. I simply do not under why this rights of all Senators, including those Southeast and should not have re- so-called compassionate President can in the minority, were fully protected. quired an offset from the Conservation treat the victims of disaster in one Such practices serve this institution Security Program. State differently than victims in other well. It promotes respect among Mem- Offsetting this funding hobbles the States. bers and quells unnecessary disputes. effectiveness of one of the most impor- The military construction conference The leadership of the Senate would tant environmental programs in the report also includes $2.9 billion in do well to turn away from the increas- Department of Agriculture. emergency assistance for farmers expe- ingly common gambit of trying to jam I was also concerned that the pack- riencing crop losses caused by natural legislation down the throats of Sen- age requested by the President disasters, such as drought conditions, ators at the last possible moment. It is leapfrogged Federal Highway Adminis- hurricanes and other disasters. most unfortunate that the Republican tration assistance for damage done by It is a worthwhile effort for the Con- leaders chose to pursue this tactic on the hurricanes ahead of the backlog of gress to assist the Nation’s farmers in spending that is intended to help projects required to repair damage their time of need. However, the same countless Americans recover from re- from past disasters. relief package includes an onerous pro- cent disasters. However, this concern was by an vision which decreases another farm It is some small consolation that the agreement to fully fund the backlogged aid program by nearly $3 billion to pay Senate has recognized its obligation to emergency relief program in the pend- for the drought disaster aid. In short, the Senator from Iowa, Mr. HARKIN, by ing omnibus bill. this disaster relief package robs Peter agreeing to adopt a concurrent resolu- Chairman HUTCHISON indicated at the to pay Paul. While it increases aid to tion relating to the enrollment on the conference that Speaker HASTERT and farmers with one hand, it takes it away fiscal year 2005 military construction Majority Leader FRIST have committed with the other. appropriations bill. This concurrent to fully fund the States that need this This is no way to run the United resolution, if adopted by the House, assistance, and I appreciate their help States Senate. I signed the conference would have the effect of deleting the on this issue. report for the military construction as- onerous offset against the Conserva- There are currently $752 million in pect alone. That funding went through tion Security Program that the Sen- projects that have not been funded, normal procedures. It was debated and ator from Iowa, Mr. HARKIN, and others even though they have already quali- voted on by both Houses, and it was find so offensive. The concurrent reso- fied for emergency relief. subject to bipartisan negotiations in lution would, in contrast to the FY 2005 California alone has over $240 million conference. military construction appropriations in projects that have not been funded. I commend the two managers of this bill, substitute language similar to I appreciate Chairman YOUNG’s willing- bill for their perseverance in following that employed with regard to the hur- ness to rectify this situation and look regular order to the great extent that ricane disaster aid, thus making the forward to the emergency relief fund- they did. The managers were under drought aid to farmers an emergency ing program being funded in the omni- great pressure from the Republican without an offset. bus.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.064 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11227 The conference agreement also in- emergency assistance, but on trying to structures for commercial businesses cludes Senator STEVENS’ provision on reduce the amount of damage caused and meeting places. Ten percent of the the Alaska Natural Gas pipeline. by future hurricanes. In other words, funds we provide should be for these Senator STEVENS has worked for the the President was also signaling a wel- more permanent housing solutions. It past few years to authorize funding for come focus on rebuilding homes and is imperative that the community this pipeline, and I am pleased that we businesses in a manner that is resist- planners consider mid-range and long- could get this done for the senior Sen- ant to potential damage by hurricanes. term solutions today as they manage ator from Alaska. These types of buildings would also re- the ‘‘first response’’ mission. We have The provision authorizes the con- duce the dreadful death toll of future seen in many regions around the globe struction of a pipeline from Prudhoe hurricanes. that well-intentioned temporary and Bay, AK, to the lower 48, with a dedi- We have an opportunity to aid our transitional housing ultimately be- cated supply of natural gas to Cali- friends and partners in the Caribbean. comes permanent housing. Priorities fornia. The administration has attached a $50 shift, money runs out and a new dis- The provision provides Federal loan million request for the Caribbean to a aster knocks the old disaster off the guarantees to whatever entity decides larger package of help for Florida and front page. The inherent nature of to build the pipeline, as Senator STE- other States in the South hit by the shanty towns, full of permanent refu- VENS requested. rolling series of storms this summer gees, takes away the dignity and hope The demand for natural gas in this and fall. Our colleagues in the U.S. of their inhabitants. country is growing exponentially, par- House of Representatives have re- I have received pleas from the family ticularly in my State of California. quested an additional $50 million, so members residing in the United States Natural gas prices have risen dramati- the total is $100 million for the Carib- to help their loved ones. I have re- cally over the past several years, from bean. Secretary Colin Powell recently ceived a strong request from the Am- $2 per thousand cubic feet in 1998 to visited Grenada and stated that the bassador of the Republic of Trinidad over $7 just this week. first aid will come in phases, starting and Tobago, Ambassador Marina We need more natural gas, and I hope with an emergency shipment of food, Valere, on behalf of the affected na- that Senator STEVENS’ provision to medicine, construction materials and tions imploring us to also think about bring Alaska natural gas down to the other supplies, about a quarter of permanent housing solutions, that also lower 48 States and particularly Cali- which will go to Grenada. respects their unique and fragile eco- fornia will help meet that demand. It is at this time that we have an op- system. This request made clear that While I would have preferred to pass portunity to thoughtfully help the re- some portion of the aid package should the Military Construction conference gion. As Secretary Powell said, ‘‘... be set aside for this purpose. Our report without the contentious issues that help was needed not simply to re- friends in the Caribbean need perma- surrounding this disaster assistance pair homes and schools, but also to re- nent, safe, secure dwellings otherwise package, I support this conference re- store the economic infrastructure of this crisis will repeat itself, year after port and I am pleased that my col- the country.’’ He went on to say that, year. In addition to urgent emergency aid, leagues have agreed to accept it. ‘‘experts had begun discussing ‘creative America should help the survivors in Finally, I thank Senator HUTCHISON suggestions’ for how Grenada could di- the Caribbean to rebuild their commu- for the manner in which she handled versify its agricultural output. . . .’’ I nities with permanent housing solu- this process. I have long admired her agree with Secretary Powell that the tions as well as rebuild their respective integrity and her leadership in reach- time has come to try to better spend economies.∑ ing this agreement was outstanding. our assistance dollars. As is the case ∑ Mr. MCCAIN. Mr. President, with res- (At the request of Mr. DASCHLE, the with weather disasters, economic disas- ervations I support passage of the con- following statement was ordered to be ters also ruin the hopes of families. As ference report to the fiscal year 2005 printed in the RECORD.) long as we are helping in the rebuilding Military Construction Appropriations ∑ Mr. LEAHY. Mr. President, I would efforts, we should try to make more Act. This bill provides $10 billion in like to focus the attention of the Sen- permanent improvements in infra- funding for important military con- ate on the recent devastation to many structure. struction activities including base nations in the Caribbean as a result of The region needs many ‘‘creative housing as well as the construction and a half a dozen hurricanes and tropical suggestions’’ for its redevelopment. At maintenance of base infrastructure. storms in the autumn of this year, 2004. the University of Vermont, the stu- When we passed the Senate version of More than a thousand people have dents and faculty have made many sug- this legislation, I declared that this ap- perished; many are still missing. Thou- gestions, from agriculture and food propriations bill was a good example of sands of families are homeless and job- processing to sustainable permanent how the legislative process is expected less. Non-governmental organizations modular housing solutions utilizing re- to work, wherein the work of the au- such as the International Red Cross, cycled materials. One appropriate solu- thorizers is fully taken into account by the United Nations, and religious orga- tion has been devised by world ac- the appropriators. The legislation was nizations, rushed to the scene with re- claimed architect Adam Kalkin. It is relatively free of earmarks and riders lief aid and volunteers to help the sur- the Quikbuild Modular System. An ex- that were not related to Military Con- vivors. The United States Government ample of this unique, sustainable hous- struction. However, during the con- has sent U.S. AID teams to assess the ing solution is on display in the perma- ference, a legislative rider that has no damage. Early estimates reveal hun- nent collection of the Shelburne Mu- business in an appropriations bill found dreds of millions of dollars of physical seum, in Shelburne, Vermont. its way into the conference report. damage to homes and businesses. On This type of dwelling utilizes recy- I am referring to the section of the the Island of Grenada industries have cled cargo containers, many of which conference report that authorizes a $18 been completely wiped out. There are are being shipped down to the region billion loan guarantee program for the riots in the streets of cities in Haiti with a full load; they will remain there construction of an Alaska natural gas where stockpiles of nonperishable food empty without the cargo to fill them; pipeline. This authorizing provision is and potable water are diminishing fast. and with no place to ship them. Each is found in neither the House nor the Sen- In April, 2001 President Bush insti- an ecological disaster waiting to hap- ate version of this legislation, yet with tuted the ‘‘Third Border Initiative’’ pen. They also present a great oppor- characteristically little attention, it that anticipated a quick response by tunity if we take advantage of using has found its way into the conference our government that would, in his them. report. Once again, it pays to have words, ‘‘. . . fund disaster preparedness Recycled containers may be con- powerful members of the Appropria- and mitigation efforts to shield critical verted into durable, sustainable, water- tions Committee representing your commercial and environmental infra- tight, hurricane-proof dwellings that State or district. structure from natural disasters, such can be used as permanent housing as Congress has a legislative process as hurricanes.’’ This is important be- well as field kitchens, medical triage that has two separate tracks for au- cause it signals a focus not only on units, schools, dormitories, as well as thorization and appropriation. Merging

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.067 S11PT1 S11228 CONGRESSIONAL RECORD — SENATE October 11, 2004 these tracks and eliminating the essen- having devastating effects on many urgent and unforeseen requirements tial discourse and deliberation nec- Americans and sectors of our economy, and therefore neither the President’s essary to establish sound public policy crop assistance does not belong on budget nor the authorizing committees is not in the Federal taxpayers inter- Military Construction funding legisla- identify specific projects to be funded. est. Nevertheless, here we are again, tion. Once the Services decide to spend the faced with the necessity of approving When the Senate considers legisla- money, the authorizing and appropria- appropriations for military construc- tion to address drought-induced and tions committees must approve or dis- tion with an enormous pork program other climate damages, shouldn’t all approve of the minor construction attached at the last minute. All the affected states receive assistance? How project to which the Services plan to more problematic is that this same are we to say that one group of people fund. By earmarking the funds in the piece of legislative text was included in or sector of our economy deserves fi- minor construction account, the appro- the failed energy bill. The Senate re- nancial assistance over another? Ac- priators have usurped the authority of jected this provision then, but we are cording to the Congressional Research the authorizing committee to approve unable to do it again, as it was snuck Service, Congress provided about $3 bil- or reject these projects. I can only hope into a conference report on a totally lion in assistance for crop and live- that next year, when the appropriators unrelated bill. It is a clear violation of stock losses in 2001 and 2002. Coupled stray from this practice. the legislative process, specifically with all the other billions in agricul- With the passage of the conference Rule 28, and it’s simply wrong. tural subsidies, American taxpayers report to the fiscal year 2005 Defense My objections to the Alaska pipeline could conclude that Congress has de- Authorization Act, the legislative provision are not only procedural. termined, without clear deliberation, branch has once again affirmed its sup- Many of my colleagues may not be that this is the priority need. port for the important round of base aware that what they are approving There are many States, including Ar- closure and realignment that will here is an economic cushion for three izona, that are facing terrible drought- occur next year. With this being an extremely wealthy corporations. Un- induced problems and do not receive election year and Member’s parochial doubtedly, these three corporations assistance in this conference report. concerns being as strong as ever, I am have the financial resources to proceed Destructive wildfires have spread encouraged to see that my colleagues with this project without taxpayers’ through the Western United States be- have resisted the temptation to add dollars, but once again, we will manage cause of the dry conditions there, caus- pork to bases in their states in what to provide generous financial incen- ing billions of dollars in property and would be a misguided effort to save tives to corporate interests with public resource damage. Drought-induced in- their bases from base closure. Such ef- funds. These selective subsidies are sect infestations have increased wild- forts would be a waste of taxpayer clearly inequitable and contrary to the fire risks to our communities and nat- money, and would not prevent their interests of the rest of American tax- ural resources. Water levels in res- base from being closed. payers. ervoirs in our parched states have I commend the chairman of the Mili- The sponsor of this provision may dropped dramatically, reducing water tary Construction Subcommittee, Sen- maintain that the American public will supplies, causing millions of dollars in ator HUTCHISON, and the ranking mem- benefit from the natural gas supply losses to the recreation and tourism in- ber, Senator FEINSTEIN, for their hard that may flow through this pipeline dustries and reducing hydropower gen- work on this bill and their continued years from now. Undoubtedly, if the eration. In some areas, the lack of pre- support for our military. Their atten- supply is there, the consumers will be, cipitation and water supply recharge, tion and commitment to only sup- too. And that is my point. This is an has resulted in wells running dry. I porting high priority projects for the economic venture that will yield sig- can’t think of a more disastrous situa- Navy, Marine Corps, Army, and Air nificant profits for those companies in- tion than that. However, the people Force is once again exemplary and pro- volved. It is my understanding that as who fall into these categories are not vide for a sound measure to fund mili- a result of the financial promise of this covered by the drought assistance pro- tary construction in the coming fiscal venture that there are other companies visions. year. I only wish they were able to hold I have found this report contains 62 that would very much like to be in- to the Senate version of this legisla- earmarks totaling $98.7 million. I am volved. What this provision does is to tion and were able to keep extraneous also troubled by a provision in the ex- codify the terms set by these three cor- non-military construction provisions planatory statement that accompanies porations to provide an even sweeter out of this conference report.∑ opportunity with $18 billion in feder- this conference report. According to The PRESIDING OFFICER. Under ally backed loan guarantees. the explanatory statement, ‘‘The lan- These loan guarantees are the thick guage and allocations set forth in the previous order, the vote on the mo- rich icing on the tax break cake in- House Report 108–607 and Senate Re- tion to invoke cloture is vitiated. cluded in the FSC–ETI conference re- port 108–309 should be complied with The question is on agreeing to the re- port, which also passed today. Tax unless specifically addressed to the port to accompany H.R. 4837. breaks totaling $445 million are pro- contrary in the conference report and The conference report was agreed to. vided for pipeline construction and gas statement of the managers.’’ This has processing, again directed to the same the composite effect of essentially dou- f corporations, which together have bling the number of earmarks in the shown after-tax profits of $95 billion Military Construction Appropriations CORRECTING THE ENROLLMENT since 2001. I am certain that American Act. As legislators we are often forced OF H.R. 4837 taxpayers do not appreciate paying to make difficult budgetary decisions. The PRESIDING OFFICER. Under twice for their expensive energy sup- However, in the instance of this con- the previous order, the Senate will pro- plies. Once at the pump and for their ference report, the most difficult deci- ceed to consideration of S. Con. Res. home heating bills, and then again for sions were avoided. With looming budg- 144, which the clerk will report by tax subsidies to profitable energy sub- et deficits, it is as important as ever to title. sidies. practice fiscal responsibility and avoid The assistant legislative clerk read Also contained in this legislation is the practice of earmarks. funding for drought assistance. I sym- The above statement ensures all $44.7 as follows: pathize with the proponents of this ag- million in earmarks added by the Sen- A resolution (S. Con. Res. 144) to correct ricultural disaster assistance and I do ate as well as the $38.5 million in ear- the enrollment of H.R. 4837. not question that drought and abrupt marks contained in the House version The PRESIDING OFFICER. Under changes in climate are having a severe of this legislation. As I stated when we the previous order, the concurrent res- impact on the crops grown in the considered that legislation, nearly all olution is agreed to and the motion to states covered in this conference re- of these earmarks are funded under the reconsider will be laid upon the table. port. While I do agree that prolonged minor construction account. Normally, The concurrent resolution (S. Con. drought and other natural disasters are this account is intended to be used for Res. 144) was agreed to, as follows:

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.063 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11229 S. CON. RES. 144 Mr. COCHRAN. Mr. President, I am ern border. Unfortunately, once the Resolved by the Senate (the House of Rep- pleased to present for the Senate’s ap- customs user fee extension was dropped resentatives concurring), That in the enroll- proval today the conference report on from this bill, we lost the offset avail- ment of H.R. 4837, an Act making appropria- H.R. 4567, the fiscal year 2005 Homeland able to enhance funding for these im- tions for military construction, family hous- ing, and base realignment and closure for the Security Appropriations Act. portant items and not exceed the fiscal Department of Defense for the fiscal year The conference agreement provides constraints placed on our sub- ending September 30, 2005, and for other pur- total new budget authority for the De- committee. poses, the Clerk of the House is hereby au- partment of $33.1 billion. Of the The conference committee met on thorized and directed to strike subsections amount provided for fiscal year 2004, Thursday, October 7, 2004, and the con- (e) and (f) of section 101 of division B and in- $32 billion is for discretionary pro- ference report was filed on Saturday, sert the following new subsection: grams. October 9, 2004. It was adopted by the (e) The amounts provided or made avail- To further strengthen the capacity of able by this section are designated as an House of Representatives later that emergency requirement pursuant to section the Nation’s first responders to prepare day by a vote of 368 yeas to zero nays. 402 of S. Con. Res. 95 (108th Congress), as for and respond to possible terrorist Senate passage of this conference re- made applicable to the House of Representa- threats and other emergencies, this port today will send this fiscal year tives by H. Res. 649 (108th Congress) and ap- conference report provides a total of 2005 appropriations bill to the Presi- plicable to the Senate by section 14007 of $3.9 billion for the Office for State and dent for signature into law. Public Law 108–287. Local Government Coordination and In closing, I thank the ranking mem- f Preparedness, including: $1.1 billion for ber of the subcommittee, my colleague INSTRUCTING CONFEREES ON AG- the State and local formula-based from West Virginia, Senator BYRD; the RICULTURE, RURAL DEVELOP- grant program; $400 million for law en- chairman of the House subcommittee, MENT, FOOD AND DRUG ADMIN- forcement terrorism prevention grants; Mr. ROGERS; and the ranking member ISTRATION $885 million for high-threat, high-den- of the House subcommittee, Mr. SABO, The PRESIDING OFFICER. Under sity, urban area grants; $150 million for for their substantial contributions to the previous order the Senate will pro- port security grants; $150 million for this bill throughout the year. It has ceed to consideration of S. Res. 465, rail and transit security grants; and taken many hours of hard work by which the clerk will report by title. $715 million for the firefighter assist- these Members and their staff members The assistant legislative clerk read ance grant program, of which $65 mil- to bring this bill to a successful conclu- as follows: lion is set-aside to begin implementing sion. I would also like to thank the A resolution (S. Res. 465) to instruct con- the SAFER Act. The conference report chairmen ranking members of the ferees to the Agriculture, Rural Develop- also includes a separate appropriation House and Senate full Appropriations ment, Food and Drug Administration, and of $180 million for emergency manage- Committees and their staff members related agencies appropriations bill, 2005, or ment performance grants. for the assistance and guidance they on a consolidated appropriations measure The conference report includes a have provided to us throughout the that includes the substance of that act. total of $5.1 billion for the Transpor- process. The PRESIDING OFFICER. Under tation Security Administration, fur- I recommend the adoption of the con- the previous order, the resolution is thering our commitment to secure all ference report. agreed to, and the motion to reconsider modes of transportation. The con- Mr. BYRD. Mr. President. I thank is laid upon the table. ference committee made air cargo se- Chairman THAD COCHRAN, the House The resolution (S. Res. 465) was curity a priority and provides $115 mil- chairman, HAROLD ROGERS, Represent- agreed to, as follows: lion for air cargo security, an increase ative MARTIN SABO, Representative S. RES. 465 of $30 million from the President’s re- DAVID OBEY, and all of the House and Resolved, That for the purpose of restoring quest. This funding will allow the De- Senate conferees for their hard work the provisions governing the Conservation partment to enhance its efforts to tar- on this important legislation. We all Security Program to those enacted in the Farm Security and Rural Investment Act get and prohibit the transportation of share the goal of ensuring that the new and restoring the practice of treating agri- high-risk cargo on passenger aircraft; Department of Homeland Security has cultural disaster assistance as emergency as well as to advance efforts to re- the resources it needs to secure the spending, the Senate instructs conferees to search, develop, and procure the most homeland. the Agriculture, Rural Development, Food effective and efficient air cargo inspec- I also commend the thousands of men and Drug Administration, and Related Agen- tion and screening systems. In addi- and women who are on the front lines cies Appropriations Bill, 2005, or a Consoli- tion, there is a statutory requirement of homeland security. While I remain dated Appropriations Measure that includes very concerned that we are not giving the substance of that act, to insist that the for the tripling of cargo inspections on conference report contain legislative lan- passenger aircraft. these men and women the tools they guage striking subsections (e) and (f) of sec- Additionally, $8.8 billion is provided need to do their jobs, that in no way tion 101 of division B of H.R. 4837, An Act to secure our Nation’s borders; $5.5 bil- detracts from their commitment to Making Appropriations for Military Con- lion is provided for emergency pre- serve the Nation every hour of every struction, Family Housing, and Base Re- paredness and response; $7.37 billion for day. alignment and Closure for the Department of the Coast Guard; and $2 billion for re- It is particularly appropriate for us Defense for the Fiscal Year ending Sep- search, analysis, and infrastructure to be considering this legislation as tember 30, 2005 and for Other Purposes. protection. To increase rail security Congress reviews the recommendations f the conference report provides $172 mil- of the 9/11 Commission. The President, DEPARTMENT OF HOMELAND SE- lion for rail compliance inspectors; ca- the Vice President, the Attorney Gen- CURITY APPROPRIATIONS ACT, nine explosive detection teams; rail, eral, the Secretary of Homeland Secu- 2005—CONFERENCE REPORT freight, and transit security grants; rity, the FBI Director, and the CIA Di- The PRESIDING OFFICER. Under vulnerability assessments; and re- rector invoke the threat of another ter- the previous order, the Senate will pro- search and development of tech- rorist attack on an almost weekly ceed to the consideration of the con- nologies to prevent suicide bombers. A basis. The 9/11 Commission concluded ference report to accompany H.R. 4567, total of $662 million is provided for the that on September 11, 2001, our govern- which the clerk will report. Federal Air Marshals, $50 million more ment agencies were not prepared to The assistant legislative clerk read than the requested amount. deter or respond to such attacks. We as follows: A matter of concern to some of my are still not prepared to deter or re- Conference report accompanying (H.R. colleagues are the items funded spond to such attacks. 4567), making appropriations for the Depart- through the offset provided by the ex- In light of all of these threats, one ment of Homeland Security for the fiscal tension of the customs user fees. The might anticipate that the President year ending September 30, 2005. largest single item that was funded would have amended his anemic 2-per- The PRESIDING OFFICER. Under through this mechanism was speeding cent proposed increase for the Depart- the previous order, the vote on the mo- up the development and deployment of ment of Homeland Security. One might tion to invoke cloture is vitiated. permanent airwings across our north- have anticipated that the President,

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.029 S11PT1 S11230 CONGRESSIONAL RECORD — SENATE October 11, 2004 our war President, would have re- American people are told no. Why? It infrastructure for emergency response. But quested increased appropriations for costs too much. It costs too much to federal homeland security assistance should securing our mass transit systems, for protect the people’s lives. It costs too not remain a program for general revenue sharing. It should supplement state and local screening airline passengers for explo- much to close our borders. It costs too resources based on the risks or vulnerability sives, for inspecting more containers much to screen cargo on our airplanes that merit additional support. Congress coming into our ports, for increasing and to check passengers for explosives. should not use this money as a pork barrel. inspections of air cargo, or for increas- It costs too much to save lives. The 9/11 Commission also rec- ing the number of Federal Air Mar- This Administration has repeatedly ommended that an advisory committee shals. Sadly, this President talks the warned that it isn’t a question of if an- be established to advise the Secretary talk when it comes to homeland secu- other terrorist attack will happen, but on any additional factors the Secretary rity, but when it comes to doing the when. Unfortunately, I think that the should consider, such as benchmarks hard work of making the Nation more Administration has failed to heed its for evaluating community homeland secure, the President takes a walk. own warning. By failing to support a security needs. As to these bench- The conference report that is before significant investment in homeland se- marks, the Commission stated that the Senate provides $33.1 billion, a curity, by ignoring the gaps that we all ‘‘the benchmarks will be imperfect and level that is $896 million above the know exist, the White House foolishly subjective, they will continually President’s request. This is an increase is gambling with the lives and the safe- evolve. But hard choices must be made. of only 5-percent over the levels ap- ty of the American people. Those who would allocate money on a proved by Congress last year, only 5- However, we have done the best we different basis should then defend their percent. At a time when our war time can with the limited resources that view of the national interest.’’ President and his entire administra- have been given to us and I urge Sen- In short, the Commission made un- tion is telling the Nation to expect an- ators to support its passage. Finally, I equivocally clear that the current other attack, we are approving what is want to thank the staffs of the Home- method of allocating federal homeland essentially a status-quo homeland se- land Security Subcommittee. Both security resources, i.e., on a per capita curity bill. Chairman COCHRAN’s staff and my staff basis alone, must be changed. The conference report that is before have worked diligently this year to Indeed, just a couple of weeks ago, us does make several modest improve- produce this important legislation. We 9/11 Commission Chairman Kean stat- ments to the President’s budget. In re- had an excellent series of hearings this ed: sponse to the Madrid bombings and year that I believe helped the sub- We have recommended very strongly that threats of similar attacks here at committee to produce a bill that con- homeland security funds should be distrib- home, we include funding for mass tains significant improvements to the uted according to assessment of risk, and not simply by population or pork barrel or any transit and rail security. We increase President’s request. other way. Our understanding is that that funding for port security. We do more Again, I urge Members to support the recommendation, which is a very important to secure air cargo on passenger air- conference report. one to us, is not moving, and that other peo- craft. The bill begins to invest in tech- Mrs. CLINTON. Mr. President, I rise ple are saying that we should now remove nologies to screen airline passengers to state my intention to vote for the the discretion that Governor Ridge has now for explosives. conference report to the fiscal year 2005 over those funds and mandate that it be only While these are important improve- Homeland Security Appropriations Act by population. That would fly totally in the ments, regrettably, the conferees were because communities and first respond- face of our recommendations. We feel very strongly that the best ways to distribute simply not given sufficient resources to ers across our Nation desperately need those funds are by the proper assessments of address serious gaps in our security the funds provided in this legislation. risk. that we all know exist. I want to express my extreme dis- Not only did the 9/11 Commission rec- I am particularly disappointed that appointment, however, with many pro- ommend that such changes be made in the Senate majority leader changed his visions in this conference report, and how Federal homeland security funds mind and acquiesced to a demand from with the decision by the Republican are allocated, but commissions before the Speaker that the conferees drop leadership in the Senate and House to it, such as the Homeland Security the customs user fee extension and the fail to improve the conference report Independent Task Force of the Council $784 million of homeland security language, and in some cases making it on Foreign Relations, chaired by spending that the Senate approved last even worse, despite having many op- former Senator Warren, have strongly month. The funding that was stripped portunities to do. recommended it as well. Indeed, the from the bill is vital to the security of It is hard to know where to begin, Rudman Commission stated more than this Nation. Not one Senator objected but three aspects of this bill are espe- a year ago that ‘‘Congress should es- to adding the additional funding be- cially egregious; they defy common tablish a system for allocating scarce cause it provides needed investments sense and are simply not in the best in- resources based less on dividing the to protect our borders, equip first re- terest of our Nation’s homeland de- spoils and more on addressing identi- sponders, enhance air and rail security, fense. fied threats and vulnerabilities.... hire more Federal Air Marshals, and First, in outright defiance of rec- To do this, the federal government secure nonprofit institutions that are ommendations of the National Com- should consider such factors as popu- threatened by terrorists. mission on Terrorist Attacks Upon the lation, population density, vulner- The 9/11 Commission report includes United States, the 9/11 Commission, ability assessment, and presence of recommendations to deploy explosives and of commissions before it, the lead- critical infrastructure within each detection equipment at our airports, to ership inserted language into this con- state.’’ address the communications interoper- ference report that requires the De- Moreover, the Senate just last week ability problem, to focus homeland se- partment of Homeland Security to al- passed landmark legislation, the Na- curity dollars based on the greatest locate homeland security formula tional Intelligence Reform Act, which risk, and to secure non-aviation tar- grant funds, such as funds under the contains the Homeland Security Grant gets. This bill simply does not do State Homeland Security Grant Pro- Enhancement Act of 2004, which the enough to respond to these rec- gram and the Law Enforcement Ter- Senate passed by voice vote as an ommendations. rorism Prevention Grant Program, on amendment to the intelligence bill. Mr. President, time and again, Sen- a per capita basis. This is directly con- The Homeland Security Grant En- ators on this side of the aisle have trary to the recommendations of the hancement Act of 2004, originally in- tried to plug the holes in our Nation’s National Commission on Terrorist At- troduced by Senate Governmental Af- security. We have worked to address tacks Upon the United States, the 9/11 fairs Committee Chairwoman COLLINS, some of the most basic, and most dan- Commission. contains a number of good provisions, gerous, holes in our protections from Specifically, in its report, the 9/11 but among the most important is one another terrorist attack. But at vir- Commission stated: that requires the majority of Federal tually every turn, the President and We understand the contention that every homeland security grant funds in- the Senate majority tell us no. The state and city needs to have some minimum tended for State and local governments

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.076 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11231 to be allocated based on threat and or missing, I am pleased that the con- from abusing the immigration sys- risk and other factors rather than on ference committee included language tem—is clearly ‘‘inherently govern- the basis of population alone. from an amendment I sponsored to in- mental,’’ making them an inappro- This legislation was the result of al- clude funding for the firefighters and priate target of a privatization effort. most 2 years of work in the Senate. police officers of New York City. As our Nation continues to face the Legislation that calls for threat-based Specifically, I commend the con- threat of terrorism, CIS carries a funding has also been introduced by ferees of both the House and Senate for House Select Committee on Homeland requiring the Federal Emergency Man- heavy burden in its attempt to process immigration and naturalization appli- Security Chairman COX, which has agement Agency to provide $4,450,000 been included in the intelligence re- for Project Liberty pursuant to the re- cations while ensuring that terrorists— form legislation that the House of Rep- quest of the Governor of New York. We along with other fraudulent actors—do resentatives just passed. know that $25,000,000 remains unex- not abuse our immigration system. In- In short, the language in the con- pended, and unobligated, at the Federal formation Officers have played a vital ference report to the Fiscal Year 2005 Emergency Management Agency and I role in meeting this burden. Indeed, the Homeland Security Appropriations Act know they will respond to the direction agency’s own job description requires reflects an utter disregard for the hard of the Appropriations Committee to that IIOs have the ‘‘[s]kill to identify work performed over years by members speed these funds to New York. fraudulent documents in order to pre- of the Senate and House as well as the We owe these heroes every penny vent persons from appealing for bene- expert evaluations and recommenda- available for mental health counseling. fits for which they are not eligible,’’ a tions of the 9/11 and Rudman Commis- Our firefighters and police officers skill that is obviously all the more im- sions. have been receiving this counseling portant in this era. They are also re- For the sake of our Nation’s home- since losing so many of their brothers, quired by DHS to have ‘‘[k]nowledge land defense, I hope that the Congress sisters, friends, and family members in and skill in interviewing techniques will soon act on the conference report the attacks. Our firefighters and police and observation of applicants in order to the intelligence reform legislation officers have had to cope with the un- to determine if an applicant is mis- that has now initially passed both the imaginable and yet they stand strong representing the facts in order to ap- Senate and House. Both the Senate and on the front lines to protect the home- pear eligible for a benefit.’’ Weeding House bills direct that homeland secu- land. out potential fraud in our immigration rity funds for States and local commu- The men and women of the New York system must remain a responsibility of nities be allocated based on threat and City Fire Department and New York government employees, especially other factors. Then, the tremendous City Police Department, their families, when the perpetrator of the fraud may wrong in this conference report that and retirees, have helped this country be a dangerous criminal or terrorist. was done to our Nation’s homeland de- cope with the tragic losses of that day, This conference report will ensure that fense will be made right. and this Congress has sent a clear mes- is the case. Second, this conference report actu- sage that we stand with them in help- ally includes less funding for our Na- I have a personal interest in this ing them cope with their own losses. issue because about 100 fine tion’s first responders for fiscal year I will continue to do whatever I can Vermonters currently work as IIOs. I 2005 than was appropriated for our fire in my capacity as a Senator from New know the fine work they do, and I fighters, police officers, EMTs and York to make sure our firefighters and know that my staff and indeed all of other first responders in fiscal year police officers receive the funding they our staffs rely on them and their coun- 2004, less funding for this year than last need not only in the area of mental terparts throughout the country when year, and at a time when the threat of health counseling but in all areas of we are seeking to help our constitu- terrorist attack against many of our homeland security. communities, especially the City of (At the request of Mr. DASCHLE, the ents. I know that our Nation will be New York, and our Nation as a whole following statement was ordered to be better off because these fine men and remains. printed in the RECORD.) women will remain in their current po- ∑ This conference report has less fund- ∑ sitions. ing for the State Homeland Security Mr. LEAHY. Mr. President, the con- Mr. KOHL. Mr. President, I am Grant program, less funding for the ference report before the Senate today pleased today to support the passage of Law Enforcement Terrorism Preven- includes an important provision that Department of Homeland Security ap- tion Grant program, less funding for will put a stop to the ill-advised at- propriations bill. This bill accom- the FIRE Act, and less funding specifi- tempt by the Department of Homeland cally for high-threat urban areas. Security to privatize jobs that are vital plishes in large part what must con- Lastly, much of the improvements to keeping Americans safe. The con- tinue to be this Nation’s first pri- that the Senate made to the homeland ference report prohibits DHS from ority—protecting our country from ter- security appropriations bill during the spending money to process or approve rorist attack. Senate’s initial consideration of the the privatization of Immigration Infor- This bill funds essential national pro- bill were stripped from the conference mation Officer, Contact Representa- grams which protect our borders, our report by the House Republican leader- tive, or Investigative Assistant posi- aviation security, our ports, our emer- ship. And when the conferees had the tions. The House voted for this exact gency management assistance, and our opportunity to remedy this egregious amendment earlier this year by a vote critical infrastructure, such as nuclear mistake by supporting an amendment of 242–163, with 49 Republicans sup- power plants. In addition, the bill funds by Senator BYRD to restore $784 million porting it. The Senate voted 49–47 for essential programs that do not only in cuts, that amendment was defeated. this language. During the meeting of protect us, but also prepare our States As the conference report itself states, the conferees, both the Senate and and communities should we be faced the conference agreement deletes sec- House delegations voted in favor of this with an emergency. These grant pro- language. tion 518 of the Senate-passed bill, grams support our firefighters and Immigration Information Officers, which included $200 million in addi- other first responders whom we rely on IIOs, are responsible for screening ap- tional funding for the Northern Border in times of need. Air Wing, so that the air wings across plications for immigration benefits for our border can be appropriately oper- fraud, and for performing criminal The State Homeland Security Grants ated; $50 million for nonprofit organi- background checks on applicants. enable the States to organize their zations that are at greater risk of ter- There are more than 1,200 IIOs and first responders and communications rorist threats; $50 million in additional Contact Representatives around the systems to respond to a terrorist at- critical funding for FIRE Act grants, nation, working for the Citizenship and tack. Further, the Urban Area Security and $50 million for Emergency Manage- Immigration Services, CIS, branch of Initiative recognizes that our largest ment Performance Grants. DHS. The work they do in attempting cities, such as Milwaukee, have special Though I am disappointed with other to discover and prevent immigration needs given their large populations provisions either contained in this bill, fraud—and prevent dangerous people that require more directed assistance.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.078 S11PT1 S11232 CONGRESSIONAL RECORD — SENATE October 11, 2004 For all of these reasons, I am pleased Security Appropriations Sub- TO REAUTHORIZE THE INDIVID- to support the Homeland Security ap- committee, for bringing out of con- UALS WITH DISABILITIES EDU- propriations bill today and I am en- ference $25 million in assistance for CATION ACT couraged that we are doing what we 501(c)(3) nonprofits ‘‘determined by the The PRESIDING OFFICER. Under can to protect our Nation. Secretary of Homeland Security to be the previous order, the Senate having FEMA AND FAITH BASED ORGANIZATIONS at high-risk of international terrorist received from the House a message, the Mr. SANTORUM. Mr. President, I attack.’’ I know this was difficult to Senate agrees to a request for a con- commend the leadership of the chair- achieve because the House bill did not ference on H.R. 1350, the Senate agrees man on this important disaster relief have a similar item and due to the loss to the request for a conference on the bill. of the customs users fees as a funding disagreeing votes of the two Houses, In the context of this Federal Emer- mechanism for our Senate provision. and the Chair appoints the following as gency Management Agency FEMA dis- There are a number of compelling conferees on the part of the Senate. aster assistance bill, I want to express reasons for dedicating homeland secu- The Presiding Officer (Mr. COLEMAN) my appreciation for recent FEMA pol- rity funds to nonprofits. First, non- appointed Mr. GREGG, Mr. FRIST, Mr. icy updates for disaster relief to faith- profits provide vital health, social, ENZI, Mr. ALEXANDER, Mr. BOND, Mr. based organizations. These ongoing community, educational, cultural, and DEWINE, Mr. ROBERTS, Mr. SESSIONS, challenges and tragedies provide FEMA other services to millions of Americans Mr. ENSIGN, Mr. GRAHAM of South an opportunity to make certain that every day. Second, if nonprofits are Carolina, Mr. WARNER, Mr. KENNEDY, they are implementing these policies forced to divert funds to cover the en- Mr. DODD, Mr. HARKIN, Ms. MIKULSKI, in a manner consistent with the Presi- tire cost of security measures, those Mr. JEFFORDS, Mr. BINGAMAN, Mrs. dent’s policy which includes faith- funds will deplete resources for vital MURRAY, Mr. REED of Rhode Island, Mr. based organizations among those com- human services, including capacity to EDWARDS, and Mrs. CLINTON conferees munity-based organizations helping on respond to disasters. Third, intel- on the part of the Senate. an equal basis in these hurting commu- ligence reports and the 9–11 Commis- f nities. sion Report indicate some nonprofits On December 12, 2002, President Bush are among the most vulnerable, high- ORDER OF PROCEDURE announced, ‘‘I have directed specific est risk institutions. Fourth, nonprofit The PRESIDING OFFICER. Under action in several Federal agencies with institutions of all types serve as gath- the previous order, the Senator from a history of discrimination against ering places for millions of American Connecticut is recognized. faith-based groups. FEMA will revise citizens every day of the year, and fi- Mr. REID. Mr. President, prior to his its policy on emergency relief so that nally the security needs of the non- beginning a speech, it is my under- religious nonprofit groups can qualify profit sector have been largely unmet. standing the two leaders have some for assistance after disasters like hur- This assistance is intended for basic business they want to conduct. ricanes and earthquakes.’’ FEMA acted security enhancements to protect Following their conducting of busi- quickly to serve eligible religious American citizens from car bombs and ness, I ask on the Democratic side Sen- groups, issuing policy statement 9521.3 other lethal terrorist attacks. This as- ator DODD be recognized for 20 minutes; concerning Private Non-Profit Facility sistance is not intended for facility following that, on our side, Senator Eligibility to provide guidance in deliv- construction; rather, it is intended to KENNEDY for 30 minutes, Senator DUR- ering future grant awards. be used for installation of equipment BIN for 20 minutes, Senator JEFFORDS In the words of the former FEMA Di- such as concrete barriers, blast-proof for 8 minutes, Senator SARBANES for 20 rector Joe Albaugh, ‘‘Disasters don’t doors, Mylar window coatings, security minutes, Senator HARKIN for 45 min- discriminate, and neither should our fences and hardened parking lot gates, utes. He has 2 hours under the order response to them.’’ The administration as well as associated training. that has been entered, but he said he recognized this important principle in The Director of Central Intelligence would use part of that time at a later the case of the Seattle Hebrew Acad- has stated that al-Qaeda has turned its time today. Senator CANTWELL for 8 emy. The academy’s main building was attention to ‘‘soft targets.’’ Terrorists’ minutes and Senator HARKIN for 1 hour rendered unfit after it was damaged in willingness to attack soft targets of all and 15 minutes. We correct that. After the Nisqually earthquake of 2001, but types has been made readily apparent Senator KENNEDY, Senator FEINSTEIN the academy’s first application for with attacks in the United States, Eng- be recognized for 10 minutes. FEMA relief was denied. After the land, Canada, Israel, Spain, Germany, Senator KYL has already worked out Academy entered a legal challenge, the Iraq, Tunisia, Kenya, Morocco, Egypt, something with Senator DODD that he Office of Legal Counsel at the Depart- and Turkey, including an international would be recognized for up to 3 minutes ment of Justice entered an opinion on Red Cross building, synagogues, prior to Senator DODD. The Repub- September 22, 2002, which stated, in re- schools, and cultural and community licans, of course, would be interspersed ferring to FEMA’s original denial, ‘‘We centers. if they are here and they want to take believe that the Acting Regional Direc- It is my intention, as sponsor with time and we would go back and forth. tor’s reading of 44 C.F.R. section 206.221 The PRESIDING OFFICER. Without (e) is not the better interpretation of Senator SPECTER of the Senate provi- sion, that the Secretary should issue objection, it is so ordered. that regulation.’’ This is a common- The majority leader is recognized. regulations to ensure that such funds sense policy of fair treatment. Mr. FRIST. I ask unanimous consent are disbursed in a manner that ensures Mr. COCHRAN. Mr. President, I com- to engage in a colloquy with the Demo- basic assistance for the maximum mend the Senator from Pennsylvania cratic leader. for highlighting the importance of number of institutions and are dedi- The PRESIDING OFFICER. Without community-based organizations, in- cated to protecting Americans oper- objection, it is so ordered. ating or utilizing nonprofits from cluding faith-based organizations, in f disaster assistance efforts. I also con- international terrorist attacks and are cur that religious organizations should not used for other purposes. APPOINTMENT OF CONFEREES TO not be excluded when they are victims Once again, I commend the distin- S. 2845 of disasters. I concur with the Senator guished subcommittee chairman, my Mr. FRIST. Mr. President, I want to that FEMA should continue to see that good friend Senator COCHRAN, and my discuss with the Democratic leader the faith-based organizations are treated distinguished colleague Senator SPEC- appointment of conferees to S. 2845, the fairly in accordance with the Presi- TER, on their assistance with this vital 9/11 legislation. dent’s policy and for the benefit of initiative to protect our Nation’s non- I am so proud of the Senate’s work those in need in times of crisis. profits. on this legislation as anything we have Mr. FRIST. Mr. President, on behalf The question is on agreeing to the done these past 2 years. Chairman COL- of myself and Senator SPECTER, I wish conference report to accompany H.R. LINS, ranking member LIEBERMAN, and to express my appreciation to Senator 4567. all Senators did a superb job in moving COCHRAN, chairman of the Homeland The conference report was agreed to. this bill forward.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.069 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11233 There was no partisanship in their about some of his legislative history, what is the underlying legislation. Committee and they developed a bill but I understand his concern. There are extraneous issues that have that has been endorsed by both the 9/11 We do have to get this bill right and been added in the House. If they were Commissioners and many of the fam- our side is committed to that. We have to come back and be as negative as ily’s personally affected by the 9/11 at- to work together in conference just as they are in the House bill, then it tack. we worked together in the committee seems to me that it would fail to meet The Democratic leader and I have and on the floor. I have talked with the kind of standards that have been worked closely together throughout Senator COLLINS, who will lead the outlined in good faith. this process, and I appreciate his lead- Senate conferees, and she has agreed So I thank both of our leaders for ership and cooperation. Now I hope we that she will not pursue a conclusion their excellent statements. I appre- can complete the process by appointing to the conference, nor sign any con- ciate our leader raising these questions conferees today and reaching a final ference report, that undermines the bi- on some very substantive, important agreement with the House as quickly partisan working relationship that has issues that are completely unrelated to as possible. existed in the Senate. the whole question of terrorism or in- Mr. DASCHLE. I thank the majority If changes are made to the Senate telligence. It would need a good deal of leader for his kind words and for his ex- bill, they will be the result of the mu- discussion here on the Senate floor be- emplary work on this bill. Both the tual, good-faith effort to reach agree- fore they were done. process and substance of the Senate ment among Senate conferees. More- I thank the Senator. bill reflect upon the best traditions of over, the Democratic leader has my Mr. DASCHLE. Mr. President, I the Senate, and the Leader deserves commitment that should the process thank the distinguished Senator from enormous credit for that. break down due to disagreements over Massachusetts. I share his view about Our side wants to appoint conferees either substantive matters or extra- the importance of these matters and and send a bill to President Bush as neous provisions, then I will not bring about the urgency with which we must quickly as possible. But many on our a conference report to the floor. work to ensure the completion of our side have concerns about what will We are prepared to make these com- work on the same bipartisan basis that happen when we meet with the House. mitments on our side, but want to be we demonstrated to pass the bill here The Senate bill passed by a 96–2 mar- sure that we have your commitment to on the floor. gin. It was, as you said, a model of bi- continue to work with us in good faith partisan cooperation from start to fin- on this legislation and to complete ac- f ish. And every Republican Senator tion as quickly as possible. DISASTER ASSISTANCE voted for S. 2845. Mr. DASCHLE. I thank the majority Mr. DASCHLE. Mr. President, today The House followed a different ap- leader for his comments and assur- is a day that has taken too long to proach. Virtually every House Repub- ances. For the Senate to work effec- come. But it is a day of victory for lican just voted against the bill that tively we need to be able to rely on hard-pressed farmers and ranchers who every Republican Senator voted for. So each other’s word. We accept your word have been devastated by various nat- this could be a difficult conference. that the Senate conferees will stay to- In addition, many on our side are ural disasters around the Nation. gether, and you have my word that we Today, we have approved $2.9 billion in concerned over the pattern that’s will continue to work in good faith and emergency relief for family farmers emerged in conferences with the House. do everything possible to complete ac- Almost a year ago Republican and and ranchers across America. tion on this bill as soon as possible. From Florida to Washington State, Democratic Senators reached a con- As we act quickly we ought to make all along the eastern seaboard and into sensus on an omnibus appropriations sure that we minimize logistical prob- the Midwest and upper Midwest, farm- bill. But when we went to conference, lems for the conferees. that consensus gave way to the House I think we can avoid scheduling dif- ers and ranchers have faced cir- demand that their position prevail. So ficulties if there is at least 48 hours no- cumstances beyond their control. Senate position on overtime, country- tice prior to meetings, and that there In my State of South Dakota, we of-origin labeling, and other issues be an understanding that there will be have seen 5 years of drought. Farmers were dismissed. ample time to meet and deliberate be- have gone out of business and ranchers Earlier this year the Senate over- fore decisions are made on significant have sold entire herds. This is not just whelmingly passed legislation dealing matters. I hope that’s acceptable to the an issue for farmers and ranch families with our Nation’s pension system; the majority leader. alone, it is an issue for the rural com- House passed a bill that had no bipar- Mr. FRIST. I agree that’s sensible munities in which they live as well. tisan consensus. and acceptable to our side. In a State like mine, whose primary In that conference there was one out- Mr. DASCHLE. I thank the majority industry is agriculture, weather-re- standing issue regarding multi-em- leader and I am happy to yield. lated disasters are truly economic dis- ployer pensions. And despite the bipar- Mr. KENNEDY. I appreciate the asters for the entire State’s popu- tisan consensus in the Senate, the statements of both of our leaders, and lation. That is why many of us have House again demanded that the Senate I think all Members understand the im- been fighting for adequate disaster as- position be dropped. And it was. portance of this conference. I particu- sistance for so long. Just last week, we had a conference larly appreciate the desire to work in When we passed the farm bill in 2002, on the FSC bill. This bill passed the good faith on these provisions. I have a bill that I am very proud to have Senate almost unanimously. But on noted that in the House bill there are been a part of, we added a new pro- critical issues dealing with FDA regu- some extraneous provisions, particu- gram, the Counter-Cyclical Program. It lation and overtime provisions, the larly with regard to both immigration only provides assistance to producers House conferees succeeded in demand- and refugees. when prices are low. In fact, this pro- ing that the House position again pre- There are important changes in asy- gram has now saved $15 billion just in vail. lum standards that turn back our tra- the last 2 years. So there is considerable apprehension dition in terms of refugees, which has We said at the time we would not on our side what will happen in this been more of an ideological position, need any economic disaster assistance, conference if the House again demands but really it is unrelated to the chal- and we have not. But we will need that its position be accepted. All of lenges, to the threats. And there have weather-related disaster assistance. those previous bills were important, also been very important provisions in That is something that the administra- but I think we all would agree that terms of deportation that is to a far ex- tion has failed to acknowledge. In fact, nothing is more important than mak- tent. We have not had any of those in 2002, in the middle of the worst ing our country safe from attack. We hearings on the Judiciary Committee, drought since the Dust Bowl year of have to get this bill right and the Sen- and those are very important issues 1936, the President came to our State ate bill does that. and questions. and told farmers and ranchers to tight- Mr. FRIST. I have a markedly dif- I thank our leaders for their willing- en their belts, that they were not going ferent view than Senator DASCHLE ness to say that we want to work on to get any disaster assistance. That

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.049 S11PT1 S11234 CONGRESSIONAL RECORD — SENATE October 11, 2004 statement stunned many of us who had to or the same as S. 344, would be con- Thank you very much. witnessed firsthand the devastation sidered by this body. The PRESIDING OFFICER. The Sen- that the drought had caused for farm We reached that agreement, which ator from Hawaii. and ranch families and the commu- was embodied also in a letter from the Mr. INOUYE. Mr. President, I am ex- nities in which they live. As the two leaders to Senators DOMENICI and tremely grateful for those reassuring drought persisted in 2003, we still had INOUYE, who had inquired of that possi- words of my distinguished friend from no opportunity for help. bility, in which the leaders promised Arizona and my distinguished friend Finally, in difficult negotiations over their best efforts to ensure that a na- from New Mexico. We look forward to the last several weeks and with bipar- tive Hawaiian bill equivalent to S. 344 working with them next year on this tisan support in both the House and the would be brought to the Senate floor most important bill, a bill for the na- Senate, we have managed to craft dis- for debate and resolution no later than tive Hawaiians. aster assistance that will go to the August 7 of next year. The PRESIDING OFFICER. The Sen- President for his signature. So today I had told both Senators from Hawaii ator from Hawaii. the Congress is now approving the $2.9 I would express publicly my personal Mr. AKAKA. Mr. President, I want to billion in agriculture disaster assist- commitment to assist in that effort to express my sincere gratitude to Sen- ance. That is the good news. It is a win ensure that no procedural roadblocks ator KYL particularly and also to Sen- for farmers and ranchers, and it will would be thrown in the way of the con- ator DOMENICI for working with us on allow many of them to stay on the land sideration of that legislation, nor a our Hawaiian bill. Especially I want to and continue their businesses and con- final vote on it. I will indeed do that express my gratitude for your grace tinue a rural way of life. This bill will and encourage all of my colleagues to and your commitment for next year. provide payment for farmers who have work with us toward that end. Again, I want to do this, as we say in I thank Senator DOMENICI for his lost over 35 percent of their historic Hawaii, with much aloha. leadership on that large group of bills yields and livestock producers who The PRESIDING OFFICER. The that were so important to so many have lost over 40 percent of their avail- Democratic whip. Members of this body and for his work able grazing land. Mr. REID. Mr. President, if I may, on this particular issue, as well as our I thank Congressman CHARLIE STEN- everyone is anxious to speak today. We good friends from Hawaii, Senators HOLM. We would not have any disaster have an order entered. Senator HARKIN AKAKA and INOUYE, for their coopera- aid without his leadership in the is willing to give up his time of 45 min- tion in helping us reach this resolu- House. I thank my colleagues in the utes. He will do the bulk of his time tion. Senate, especially Senator BAUCUS, Mr. DOMENICI. Will the Senator after basically everyone has completed who led a bipartisan group of Senators, yield? their statements today. In exchange all of whom supported disaster aid and Mr. KYL. I am happy to yield. for that, I ask unanimous consent that worked to pass this important legisla- The PRESIDING OFFICER. The Sen- he be allowed to speak after Senator tion. ator from New Mexico. KENNEDY for 10 minutes and then his I also thank Senator HARKIN for his Mr. DOMENICI. Mr. President, I note hour and 50 minutes would be at the passionate support for the recognition that Senator AKAKA and the distin- end of the day. I think that is fair. I that this aid ought to be declared an guished senior Senator from Hawaii are appreciate everyone’s patience. Also emergency like all other forms of as- on the floor. First, I want to say they following Senator CANTWELL, Senator sistance that we have passed for other have been gracious. Many Senators had BYRD on our side, will be recognized for parts of the country. a part in this very major bill, with 24, 30 minutes. America’s family farmers and ranch- 28, maybe even 30 pieces of legislation The PRESIDING OFFICER. Without ers do not just produce commodities, for their States. objection, it is so ordered. they produce communities. They are I say to the Senators from Hawaii, The Senator from Connecticut. an important part of our national iden- you had a perfect right to insist that tity. They reflect our national values. your bill, which has just been described f For too long, they have been suffering, by the distinguished Senator from Ari- CHRISTOPHER REEVE not because they made bad decisions zona, be in that bill. That could have but because of bad weather. We cannot caused the bill to probably be here a Mr. DODD. Mr. President, I would do anything about the weather, but we long time, the big bill, and you gra- like to express my deep sorrow that can take steps to help family farmers ciously said, if we can work something many of my colleagues and many mil- and ranchers weather this crisis. else out, let’s try. We did. lions of Americans share over the loss So I am proud of what we have been As a result, we passed this bill for of Christopher Reeve a remarkable in- able to do today, and I hope the USDA many Senators, and we said to you, dividual who, as a result of a tragic will immediately begin the process of both Senators from Hawaii, we will do paralyzing injury that he suffered distributing this much needed assist- our best to get your very important while horseback riding, dedicated his ance to farmers and ranchers across bill, described by the Senator from Ari- last 10 years to making a positive dif- the Nation. zona, up. We cannot assure that. I can- ference. Rather than wallowing in his I yield the floor. not guarantee that. This is the Senate. own misery and sorrow, he used those The PRESIDING OFFICER. The Sen- But we do have a letter with all of the 10 years to inspire and change America ator from Arizona. people who are in the leadership, I, my- in terms of our attitudes and percep- f self, by the distinguished two Senators tions about people with such serious from Arizona, that we will do our best. injuries and disabilities. I know that NATIVE HAWAIIANS We described it and everyone knows of we will miss him very much. We have Mr. KYL. Mr. President, I want to it. admired him immensely for his cour- take just a couple minutes to engage Today we thought we would tell the age and dedication. three of my colleagues in a brief col- Senate and give this assurance in the I express my condolences to his fam- loquy: Senators INOUYE, Senator RECORD to our two Senators from Ha- ily. I wish to express the deep sorrow I AKAKA, and Senator DOMENICI, to in- waii that we are serious, that we will feel over the loss of someone I knew form our colleagues of an agreement do our part in trying to make sure not terribly well, yet someone I had that was reached in an effort to clear a their bill comes to a vote in the Senate the pleasure of meeting on a number of group of bills that the Energy and Nat- by the date they have agreed to and we occasions. ural Resources Committee had worked have agreed to. Some of my colleagues, particularly on very hard and very long, for a long I say to Senator KYL, I thank you for Senators HARKIN and KENNEDY, knew period of time, and have, in fact, your diligent efforts in helping with him better than I and may express cleared the Senate and been sent to the this. Every Senator who got something their own views on the subject. It was House, and to ensure that at some in that legislation that is now going to a sad day for America to lose this cou- point next year, before August 7, a bill the House will know what we have rageous individual. I hope his message relating to native Hawaiians, similar done. on a number of subject matters, not

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.046 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11235 the least of which was stem cell re- discuss other provisions that were ei- It seems to me we have gone far search, will be heard and that his mem- ther left out of this conference report afield of what we should have been ory and the work he was engaged in or changed dramatically from the leg- doing, far afield of what the Senate did will be our work in the coming years. islation that left this body only a few only a few weeks ago. f weeks ago. I might point out as well that in this First, I am concerned that this bill legislation we are not doing what we FSC/ETI may not achieve its central goal: lift- ought to be doing, and that is, of Mr. DODD. Mr. President, I rise this ing the European Union duties, which course, trying to provide some real re- afternoon to speak about the most re- currently are at 12 percent and could lief for the manufacturing sector in our cently passed piece of legislation; that reach as high as 17 percent. Instead of economy. It is a well-known fact that is, the FSC/ETI tax bill that consumed simply repealing the Foreign Sales our manufacturing sector is hurting. a great deal of time over the last sev- Corporation and Extraterritorial In- The erosion of our manufacturing base eral days. I begin by congratulating come Exclusion (FSC/ETI), the con- is of great concern. Under the present Senators GRASSLEY and BAUCUS who ference report uses House language Administration we have lost nearly 2.7 wrote a very good bill in the Senate. which phases the subsidy out over two million manufacturing jobs. Just last When that bill left the Senate, I years and allows companies to receive Friday, the September unemployment thought that it was a very sound piece a percentage of the subsidy based on numbers showed that we only added of legislation, one that not only ad- what they export each year. We were 96,000 new jobs. This is one-third the dressed the immediate problem dealing told early on that the European Union job growth of 300,000 per month that with trade issues, but also incorporated would find the Senate language accept- would have been achieved if job growth some other good ideas that all of us be- able for the removal of sanctions. We had occurred at the rate this average lieved were important to be a part of were also told that the language from for a recovery. The September unem- that legislation. All of them were in the other body raises serious reserva- ployment numbers also showed that we one way or another bipartisan amend- tions within the European Union. actually saw manufacturing jobs fall In last week’s Washington Post, the ments offered on the floor of the Sen- by 18,000—the largest drop since De- European Union spokesman Anthony ate. cember, 2003. Despite this fact, this Gooch was quoted as saying: The legislation provided tax deduc- ‘‘The export subsidy phases out of ex- conference report weakens language tions for American manufacturers to istence slowly when it should be lifted that would have rewarded domestic stimulate job growth in our economy. immediately.’’ manufacturing by giving an even big- It protected American workers’ over- So here we are, about to pass a mas- ger tax cut to companies that manufac- time provisions that had been adopted sive tax bill that is supposed to fix our ture more of their goods in the U.S. It by this body and the other body on sev- FSC/ETI problem, and yet we are not expands the definition of what con- eral occasions over the last year. even sure if it will do that job. In other stitutes manufacturing to include in- The legislation limited the words, we might have to do this all dustries that hardly fall within the outsourcing of American jobs with the over again. The E.U. had said that the category of manufacturing. By diluting use of American taxpayer money. Sen- Senate-passed language would be ac- the definition of manufacturing and ex- ator SPECTER and I and 68 of our col- ceptable, but had expressed concern panding this out by some 9 or 10 per- leagues endorsed that amendment over the House language. And here we cent, we are going to make it harder which was before the Senate. are with a conference report with the for the very industries which are criti- In addition, the Senate-passed bill House language. I find this baffling and cally important to our long-term eco- contained an extremely important and deeply troubling. And while some nomic growth to create jobs. By ex- delicate compromise worked out be- would welcome another opportunity to panding that definition, we have set tween the Senator from Massachusetts pass even more special interest tax ourselves back. and the Senator from Kentucky that cuts in another FSC/ETI bill, this Sen- According to the Joint Committee on would have provided financial relief to ator would certainly not. Taxation’s complex analysis of the hard-pressed tobacco farmers, while at Second, instead of meaningful, broad- manufacturing deduction in this bill, the same time establishing critical new based, and fiscally responsible tax re- which they are required to do by law protections for the health and safety of lief for manufacturing here in the and which was tucked away at the end our children, 2,000 of whom start smok- United States, the conference report of the conference report, only slightly ing each and every day in the United includes a smorgasbord of special pro- more than 10 percent of small busi- States. visions. Even the administration’s nesses will be affected by these provi- The Senate bill was a very good piece Treasury Secretary just last week sions. Only 10 percent of small busi- of legislation. It was a sensible bill and highly criticized this legislation as in- nesses will be able to enjoy the benefits a well-crafted bill. Senators BAUCUS cluding a ‘‘myriad of special interest of this legislation. Since the title of and GRASSLEY did an outstanding job. tax provisions that benefit few tax- this bill is a jobs bill, I would have ex- Unfortunately, that bill is at best payers and increase the complexity of pected more help for our smaller com- dimly reflected in the conference re- the tax code.’’ I am quoting the Sec- panies which are the biggest source of port that we voted on today. The Sen- retary of the Treasury about this bill job growth in our Nation. ate bill essentially has been mugged, if we just overwhelmingly adopted. The Joint Tax report also notes that I might say, by the other body and by Let me mention some of these provi- ‘‘the provision will result in an in- the administration. In its place, the sions, and then ask your own constitu- crease in disputes between small busi- Senate was asked to consider a con- ents whether they think this is a wise nesses and the IRS.’’ Reasons for such ference report that lacks many of the use of their tax dollars. We are going to a dispute ‘‘include the complexity of provisions most important to Amer- provide a $101 million tax break that the provision and the inherent incen- ica’s small businesses and to workers. would allow NASCAR racetracks to re- tive for small businesses and other tax- In their place, the conference report cover costs over 7 years; a $445 billion payers to characterize the activities as has added a number of provisions that Alaska energy tax break; $42 million qualified production activities to claim amount to little more than sops to a for film and television production; $27 the deduction under the provision.’’ variety of special interests from million to the horse and dog racing in- Just what a small business needs, a NASCAR to makers of ceiling fans. dustries. Ask your constituents wheth- more complex Tax Code and problems In the process the bill neuters the er they think these provisions are with the IRS. ability of Congress to make meaningful critically important at a time when we Third, this legislation changes a contributions to economic growth. At have massive deficits, whether these major provision which was adopted in the same time it creates new threats to interests are the kinds of interests we the bill as it left the Senate—a provi- fiscal discipline, which is at an all-time should be including in a bill primarily sion that stopped the use of federal tax low. designed to increase manufacturing, to dollars to subsidize the outsourcing of Allow me to discuss several of these limit the kinds of export problems we American jobs. As the author of this shortcomings in more detail, and to have as a result of trade agreements. provision dealing with outsourcing, I

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.049 S11PT1 S11236 CONGRESSIONAL RECORD — SENATE October 11, 2004 am terribly disappointed that, despite that would give the administration an who are members of the National the fact that an overwhelming major- excuse to classify them as ‘‘managers’’ Guard and Reserve and are deployed in ity of our colleagues on a bipartisan in the civilian workforce, they could be the war on terrorism—whether it be in basis approved language that prohib- denied overtime—even if they resume Afghanistan or Iraq. Employers would ited the use of American taxpayer the same job. That is an outrage. have been eligible for a 50-percent tax money to outsource jobs outside of the The Senate has voted against the benefit for wages they paid to members United States, this provision was Bush rule three times and said you of the National Guard and Reserve stripped out in the conference report. should not impose that rule. The House while on Active-Duty status. The cred- We ought to be exporting our prod- voted twice to say don’t impose that it would have been good up to 12 ucts and our services, not jobs in this rule. Yet the conference committee months, about the length of a standard country. At a time when as many as 14 sought to drop it entirely. deployment in Afghanistan or Iraq. million white-collar jobs could be lost So the Bush administration’s rule on Forty-one percent of activated Guard over the next 10 years from overtime will affect 6 million Ameri- and Reserve take a reduction in pay outsourcing and with 2.7 manufac- cans adversely. Fifty-five categories of when called to duty. This places a tre- turing jobs already lost in the last four jobs that qualify for overtime pay are mendous burden on their loved ones years, the American people deserve a gone. That is now out, despite the fact back home. Yet conferees stripped the majority in Congress to stand up we insisted it be part of this legisla- provision out of the conference report. against the surge of outsourcing af- tion. As my friend and colleague from Lou- flicting this country. Fifth, the conference report breaks isiana pointed out earlier, the $44 mil- The unanimous vote of the 12 con- an agreement we made not only to pro- lion tax credit for ceiling fans included ferees on the Republican side to take tect tobacco farmers but also children. in the conference report would have the outsourcing provisions out of this It was a bipartisan agreement that paid for 1 year of Guard and Reserve bill, I think, is a slap in the face of simply said that if we were to help out tax credits. Yet the conferees chose American workers. The fact we would tobacco farmers, we were going to have ceiling fans over businesses, or saving be using Federal taxpayer money to FDA regulations to protect children jobs for our National Guard and Re- hire someone offshore to do a job that from the life-threatening dangers of to- serve people. ought to be done in the United States bacco. These dangers—and the costs Finally, this conference report is fis- I think is wrong. I am for fair trade they pose to our nation—are enormous. cally reckless. While the offsets are and free trade. We ought to stand up By regulating tobacco products and likely to expire, the tax breaks are for the American worker. They are taxing them higher, tobacco farmers likely to be extended—if past history worried and concerned about their fu- are going to be adversely affected. under this leadership is any guide. ture. They are bothered about whether Some tobacco—specifically tobacco That will only add tens of billions of they are going to have enough to take made into cigar wrappers—is grown in dollars to the deficit. We have the care of their families’ needs. my State. I see my colleague from highest deficit in the history of our Yet we found nothing wrong with North Carolina here and I know how country. This is a birth tax on young continuing to have provisions in our important that issue is to her and her children being born because we already policies that allow tax money to be constituents, just as it is in Kentucky. know they bear an obligation to pay used to hire people outside of this I think they deserve help as a result of back in interest to the Federal Govern- country, when jobs are needed in the this legislation, but I also believe part ment a staggering amount of money. U.S. We have the worst job production of the deal here was that we were going The idea we are going to have higher in almost 70 years in the U.S. We ought to allow this industry to be regulated mortgage rates, higher car payments, not to be stepping back. This bill by the FDA. To strip the FDA provi- and tuition costs because of mounting stripped out a provision that was sion out, I think, was a great mistake. deficits, because $1.8 trillion of Amer- adopted here by a vote of 70 to 26. I I think that we will regret it. ica’s debt is held by nations outside of think that was a great mistake. I re- It costs us $75 billion a year in health the United States—principally Japan gret that my colleagues on the con- care costs to deal with tobacco-related and China. That is dangerous, in my ference committee sought to do that. illnesses in America. According to the view. This bill adds tremendously to It is no secret how much this Admin- Centers for Disease Control and Pre- the national debt. We are not paying istration supports outsourcing. They vention, tobacco use by pregnant for it. believe, it is, in their words ‘‘a good women alone causes between $400 mil- For all of those reasons, I think we thing.’’ They said so in the President’s lion and $500 million per year due to would have been wise to wait when Economic Report to Congress this complications of low birth weight, pre- cooler heads prevail, and deal with year, and they so again in this con- mature births, and sudden infant death what we should have been dealing with, ference agreement. syndrome. or at least draft legislation that was Fourth, the conference report does Every day, another 2,000 kids start the rationale for bringing it up in the nothing to protect overtime pay. Six smoking in America, one third of first place, and deal with the trade million citizens rely on overtime pay whom will die prematurely. That is not issue. We didn’t do that well in this to provide for their families’ needs. So speculation. That is a fact. Yet this bill bill. many families are struggling to make stripped it out and said we would pro- I was in a small minority to vote ends meet. The cutback in overtime is vide relief to tobacco farmers but for- against this, but I believe strongly that an unfair burden that American work- get about doing a better job of regu- if you think something is as wrong as ers should not have to bear. lating an industry that is causing so this is, you have to speak out against Overtime pay amounts to about 25 much harm and sadness in our country it. For the reasons outlined here, and percent of the income of workers who because of the related illnesses and because we so emasculated what we did work overtime. These include police of- death caused by people who smoke. in the Senate a few weeks ago and ficers, firefighters, nurses, and many Sixth, the conference report is miss- brought back a piece of legislation that others. Workers stripped of overtime ing a provision included in the Senate hardly resembled what we did in the protections will end up working longer bill I cosponsored, which is the Senate, I could not vote for this legis- hours for less pay. Landrieu amendment. We are going to lation. The Bush administration’s overtime have a separate vote on that later. It is I hope we come back in January and regulation would deny overtime protec- not a likely amendment that will be of- reconsider some of the provisions in- tions to as many as 6 million hard- fered and voted on in the House. We cluded in this bill and do a better job working men and women, including will vote on it, but it is still not going on behalf of the American taxpayer and registered nurses, cooks, clerical work- to be included in legislation that goes future generations of Americans. ers, nursery schoolteachers, and oth- to the President for signature. That I yield the floor. ers. Even veterans, who have served in was the provision that would have hon- For his last 5 years, Jesse’s right Iraq and Afghanistan, would be hurt. If ored patriotic employers who continue hand on tobacco issues was David they received some training as soldiers to pay the salaries of their employees, Rouzer, and David has been my senior

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.051 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11237 adviser as we have worked through this tion to other crops. This tobacco ago, for the fourth time, passed the buyout. buyout will help not only the farmers overtime protections bill yesterday. At a young age, David began working and their families, but their hard- This is the same bill the House has al- on his family’s tobacco farm in John- pressed communities. It is the retail- ready passed twice. So I hope they act ston County, NC. He understands the ers, equipment dealers, chemical and as soon as possible on the bill we sent stress that tobacco farmers have been fertilizer dealers, and a whole array of them yesterday. There is no reason we under, and he has labored tirelessly to small local businesses that will also cannot get the discharge petition in get us to this day. benefit from the tobacco buyout. These the House of Representatives on that I made the buyout a top priority are the very small businesses that cre- and also the provisions that we passed when I arrived in the Senate because ate the majority of new jobs in to- on FDA protections for children. our tobacco-producing communities bacco-producing States—jobs that are I hope President Bush is listening to have suffered terribly—terribly—in re- much needed. the bipartisan majorities in the House cent years. The rigid Government pro- With our action today, we come to and Senate who repeatedly tell him to gram created in the 1930s was not de- the end of an era in tobacco policy. We repeal those parts of his regulation on signed for the intense world competi- stop conceding tobacco production to overtime that take away pay for hard- tion of today. It was not designed to countries such as China and Brazil. We working, middle-class Americans. stop foreclosures to thousands of farm- withstand the consequences of the mas- f ter settlement agreement. ers, and we stop the negative economic In past years, our farmers led the ripple effect throughout rural commu- FSC/ETI world in tobacco production. Now they nities in the Southeastern States. For Mr. KENNEDY. Mr. President, on the account for only 7 percent of flue-cured that, we can all be extremely proud. FSC legislation that was just passed, I tobacco sold worldwide. The time has To those who have worked so hard on want to say a few words. The American come to end the last of the Depression- the tobacco quota buyout, on behalf of middle class is the heart and soul of era farm programs. Our farmers want the thousands of farm families in our country, but you would never know to operate in a free market. North Carolina and throughout the it from the FSC bill. We should be As the U.S. market share of tobacco Southeast, a heartfelt thank you. What helping middle-class families, not hurt- has slipped, the quota system, with its has been accomplished is a legislative ing them, but this bill uses your taxes price supports, kept U.S. producer miracle and a monumental achieve- to ship your jobs overseas. It allows costs artificially high. These high ment. It has been a great privilege to President Bush to cut your overtime prices led to tobacco imports from work with you. pay, and it allows big tobacco compa- lower cost countries, such as Brazil and Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. nies to market cigarettes to your chil- China. Under the current tobacco pro- dren. CORNYN). The Senator from Massachu- gram formula, the decline in demand On issue after issue in this legisla- for American tobacco produced a cut in setts. Mr. KENNEDY. I ask the Chair—I be- tion, elite corporate interests are the quota, the amount of tobacco a farmer winners at the expense of average can grow and sell. lieve I have 30 minutes—when I have 2 minutes left to notify me. Americans. If the middle class is the In just the last 5 years, the tobacco backbone of America, then this bill is f quota has been cut almost 60 percent. contrary to American values. And if That is the equivalent of cutting your TRIBUTE TO CHRISTOPHER REEVE President Bush really cared about the paycheck by 60 percent. There is not a Mr. KENNEDY. Mr. President, I join middle class instead of just big cor- business in America that would not with others in the Senate to say it is porations, he would veto this bill when take a serious hit with a 60-percent cut with deep sorrow I note the death of it comes to his desk. in revenue. And according to agricul- Christopher Reeve. Christopher set a EDUCATION tural economists, these farm families wonderful example of courage and per- Mr. KENNEDY. Mr. President, on an- were about to get an additional 33-per- severance for men and women all over other matter, President Bush may be cent cut in quota for the 2005 crop- this country who are afflicted by dis- leaving 5 million children behind in our year. These cuts have had profound im- abilities, and particularly those who schools, but he is sparing no expense in pacts on North Carolina’s tobacco com- have spinal cord injuries. a national campaign to cover up the munities. For almost 70 years, the U.S. Christopher never gave up hope that failures of his administration on public Government-issued tobacco quota was eventually he could be cured. He school reform. Somehow the Bush ad- something you could take to the bank, worked hard to keep his body in the ministration can never find the money literally. best shape possible to prepare for the in the budget to hire and train teachers Under permanent law, they could ex- day when an effective treatment for his pect a yearly return on investment. to help failing schools to expand after- injury would be available, and he school programs. But when it comes to Farmers used it as collateral for loans fought unceasingly to foster the sci- in order to put the next year’s crop in politics and PR campaigns, he can find entific research that offers hope and thousands and thousands of your tax the field. Families handed quota down help to millions of others afflicted with from generation to generation. That dollars for White House propaganda. In severe injuries or dreaded disease. a line that President Reagan made fa- paid the death tax as part of keeping He was particularly involved in the family farms alive. Widows have count- mous: There you go again. battle for stem cell research because he They use taxpayers dollars to ed on quota as an investment to sup- saw it as the best opportunity for cur- produce political ads for their bad plement their Social Security. ing not only his injury but also a host Medicare bill, and they are doing it By buying out these quota holders, of other diseases from Parkinson’s and again with their failed education pro- we give families the option of retiring diabetes to heart disease. This election gram. with dignity. We give them the ability is critical in achieving Christopher I refer to the October 11 AP story by to pay off the banks for loans made Reeve’s vision because only one can- the education writer, Ben Feller. He against an ever-shrinking collateral. didate for President, JOHN KERRY, is writes: By getting the buyout done before the committed not only to stem cell re- next quota cut, literally thousands of search but to good science generally, The Bush administration has promoted its families in rural North Carolina will be education law with a video that comes across science not constrained by ideology or as a news story but fails to make clear the saved from bankruptcy. partisanship. reporter involved was paid with taxpayer Rather than having to quit the farm, I am going to come back to this sub- money. The Government used a similar ap- this buyout gives our farmers the abil- ject matter in just a moment. proach this year in promoting the new Medi- ity to compete in the free market, and f care law and drew a rebuke from the inves- if farmers want to continue to grow tigative arm of Congress which found that leaf, they can compete worldwide with- LEGISLATIVE AGENDA the videos amounted to propaganda in viola- out the artificial cost increase. OVERTIME PROTECTIONS tion of Federal law. Many will also use this opportunity Mr. KENNEDY. Mr. President, I take That is why we ask Secretary Paige to invest in new equipment and transi- note that the Senate, a little while to take this propaganda off the airways

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.054 S11PT1 S11238 CONGRESSIONAL RECORD — SENATE October 11, 2004 now. You just used a similar process on Here is the actual record: For a number ment that actually prohibits doctors Medicare, and the GAO found it vio- of years, the Congressional Appropria- from using them in patients. Let me lated Government law. They are fol- tions Act had carried a prohibition make sure my colleagues understand lowing the same procedure. This vio- against using Federal funds for re- this. NIH researchers are legally barred lates Government law, and it ought to search that destroyed an embryo. Now from using any of the stem cell lines be taken off the air and taken off now. that we better understand the impor- available to them to help treat pa- The videos and documents emerged tance of embryonic stem cell research, tients. Do not just take my word for it; through a Freedom of Information Act a prohibition would never pass today. go look it up. All the restrictions are request by People for the American President Clinton had asked a special laid out in black and white on the NIH Way that contends the Department is committee at NIH to reexamine this stem cell Web site. spending public money on a political policy, and they concluded that the use Most people would look at the facts agenda. The group sought details of a of embryos for research was ethical and that have come out since George Bush $700,000 contract Ketchum received in scientifically important. laid down his policy and admit they 2003 from the Education Department. In January of 1999, the HHS General made a mistake and then make a One service the company provided Counsel concluded that despite the ap- change. No shame in that. But will was a video news release geared for tel- propriations bill language, NIH money George Bush admit he made a mistake, evision stations. The video includes a could be used to support research on admit that it is time for a change? Oh, news story that features Education cell lines derived from embryos as long no, he is never wrong. He has never Secretary Rod Paige and promotes tu- as NIH did not pay for the destruction made a mistake. Sound familiar? toring now offered under law. It does of embryos. Following this decision, The reality is that the American peo- not identify the Government as the NIH set up a special committee to re- ple know the Bush policy is denying source of the report. It also fails to view grant applications for such re- help and hope to millions of American make clear that the person purporting search. In April of 2001, the new Bush patients and their families. The major- to be a reporter was someone hired for administration suspended the com- ity of the Senate knows it, too. Fifty- the promotional video. Those are the mittee and barred NIH from awarding eight Senators sent a letter to Presi- same features, including the voice of any funds for embryo research. dent Bush to reverse this disastrous Karen Ryan, that were prominent on In August 2001, President Bush an- policy before more precious time is lost videos the Health and Human Services nounced the policy that has effectively in the battle against diseases such as Department used to promote the Medi- slowed stem cell research to a crawl. diabetes, Parkinson’s, spinal injury, care law and were judged covert propa- Under his policy, only stem cell lines and more. That letter was signed by 14 ganda by the General Accounting Of- that had been created prior to 8 p.m., Republicans, including prominent pro- fice in May. August 9, 2001, would be available for life conservatives such as ORRIN HATCH, It is the same business, a different funding with Federal money. Virtually TRENT LOTT, TED STEVENS, KAY BAILEY subject matter, and it is completely every scientist involved in the field HUTCHISON, and GORDON SMITH. These unacceptable. Enough is enough. It is said this policy was hopelessly restric- pro-life conservatives understand that time to get serious about improving tive, but President Bush did not listen. the embryos that would be used in re- our schools. It is time for the Bush ad- The experience of Professor Douglas search are byproducts of in vitro fer- ministration to realize improving edu- Melton at Harvard, a distinguished tilization procedures to be used to help cation in America is not about slogans. medical researcher, illustrates the couples who would otherwise not be It is not about propaganda. It is time folly of the Bush restrictions. Professor able to have children. If these embryos to get about the hard work of training Melton has created 17 stem cell lines are not used in research they will be more teachers, smaller class sizes, that meet all of the ethical guidelines discarded or frozen in perpetuity. We extra help for the children who need it. laid down at NIH, but his stem cell are not talking about destroying em- bryos for research; we are talking STEM CELL RESEARCH lines were created after the date in the Now, to get back to my earlier com- President’s Executive order. He re- about using embryos in research that ment about stem cell research—and I ceives no Federal funding for his work. would otherwise be destroyed in any see a number of my colleagues on the He has had to create a whole separate event. In an eloquent editorial published in floor who will address this issue as lab to conduct his research because his the Salt Lake Tribune in April 2002, well—last evening I noted and saw my regular lab had received Federal funds. Senator HATCH wrote: good friend the majority leader take For this dedicated researcher, the bar- Regenerative medicine is pro-life and pro- the Senate floor to defend the indefen- riers created by President Bush’s pol- family. It fully enhances, not diminishes, sible, President Bush’s stem cell pol- icy in lost time and denied resources human life. If encouraged to flourish, it can icy. Here is what the majority leader and, most of all, in potential missed improve the lives of millions of Americans said: Stem cell research shows great opportunities for patients have been and could lead to new scientific knowledge promise. It shows great promise, and tragic. that is likely to yield new treatments and the President’s policy harnesses that The fact is that some of our most dis- cures. promise and it also strikes a balance tinguished scientists are moving Why would anyone oppose that? As with the values of our people. abroad to do their research. The last everyone knows, Nancy Reagan strong- The fact is that the President’s posi- thing we need is a reverse brain-drain. ly supports that position. The Nation’s tion does not strike a balance. It does When President Bush announced his scientific community knows that em- not harness the promise of stem cell re- policy, he claimed that more than 60 bryonic stem cells have a unique poten- search. In fact, it is an attempt to have stem cell lines would be available. At tial to repair injury and treat disease. it both ways. It is an attempt to satisfy the time, experts said that the Presi- According to a letter signed in 1999 by the group of the President’s supporters dent was simply wrong, and he was 36 Nobel laureates, those who seek to who oppose stem cell research on reli- wrong, but he has not changed his pol- prevent medical advances using stem gious grounds while pretending to the icy. The reality is that only 22 cell cells must be held accountable to vast majority of Americans who sup- lines can actually be used by scientists. those, and their families, who suffer port such research that he is really be- The rest have failed to develop into us- from horrible disease, as to why such hind it. No amount of rhetoric can hide able lines. Even the few lines that NIH hope should be withheld. the fact that the biggest obstacle to will fund are all contaminated with A later letter was sent by 80 Nobel finding cures for paralysis or Parkin- mouse cells. Because of the danger of laureates, and it said: Current evidence son’s disease or juvenile diabetes or using these contaminated lines, FDA suggests that adult stem cells have heart disease through use of embryonic rules make it almost impossible to use markedly restricted differentiation po- stem cell is President Bush. any of these lines to develop or test tential. Therefore, for disorders that President Bush is fond of claiming cures in human beings. prove not to be treatable with adult that he is the first President to ap- Worse yet, every single one of those stem cells, impending human prove funds for stem cell research. lines comes with a restrictive contract pluripotent stem cell research risk un- That sounds good, but it is not true. known as a materials transfer agree- necessary delay for millions of patients

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.056 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11239 who may die or endure needless suf- from many other disorders. America’s [From the Washington Post, Oct. 11, 2004] fering while the effectiveness of adult patients need a change. They need PERMANENT JOB PROVES AN ELUSIVE DREAM stem cells is evaluated. JOHN KERRY. (By Jonathan Weisman) Those most affected by the Bush ad- Mr. President, how much time do I CYNTHIANA, KY.—Phillip Hicks had loaded ministration’s cruel restrictions on have? his rusting pickup and was heading to work this lifesaving research know it is The PRESIDING OFFICER. The Sen- one afternoon last year when his tearful wrong. Over 140 organizations rep- ator has 12 minutes. daughter called from a pay phone. She had resenting patients and health profes- THE STATE OF THE ECONOMY been pulled over for speeding, she told her fa- sionals, including Vanderbilt Univer- Mr. KENNEDY. Mr. President, I see a ther, and worse, she was driving with a sus- number of my colleagues here. I will be pended license. The police had impounded sity Medical Center, wrote to President her car and left her by the side of a dusty Bush, urging him to end these unwar- brief. But I want to address the subject highway. ranted restrictions. The organizations matter which was so eloquently ad- To most workers at the sprawling Toyota signing that letter represent patients dressed by our friend and ranking plant where Hicks works, the detour to pick afflicted with cancer, diabetes, arthri- member on the Joint Economic Com- up his daughter would be a headache, no tis, and many other serious illnesses. mittee this past week in the hearings doubt. To Hicks, 40, it was considerably Their letter was written on the third that were held about the state of our more. He called his employer to say he would sad anniversary of the announcement economy. I see him on the floor. I want be late for the swing shift. But since Hicks is of the President’s failed policy. It notes to make some opening comments and a temporary worker, his daughter’s brush with the law became a permanent blemish on the grim statistics, that in the 3 years hope he will help me to understand this an already shaky employment record. Temps since that announcement, ‘‘more than issue better. are allowed only three days off a year, and 4 million Americans have died from I have in my hand President Bush’s Hicks was coming up against that. diseases that embryonic stem cells statement that he made in Minnesota 2 ‘‘They told me I had an attendance prob- have the potential to treat.’’ days ago. President Bush, in Minnesota lem,’’ he sighed wearily, his soft mountain Even the Bush administration has 2 days ago, said: accent revealing his roots in coal country to admitted that adult stem cells cannot Our economy has been growing at rates as the east. match the potential of embryonic stem fast as any in nearly 20 years. Hicks is among the ranks of what econo- mists call the ‘‘contingent’’ workforce, the cells. The conclusion of an NIH report I also have in my hand: vast and growing pool of workers tenuously in June of 2001 couldn’t be clearer: I have proposed and delivered four rounds employed in jobs that once were stable Stem cells in adult tissues do not appear to of tax relief. . . . enough to support a family. In a single gen- have the same capacity to differentiate as do This is from the President’s radio eration, ‘‘contingent employment arrange- embryonic stem cells. talk on Saturday. Two days ago he ments’’ have begun to transform the world of The fundamental fact is that the talked about the economy ‘‘expand- work, not only for temp workers, but also for Bush administration’s first action on ing,’’ ‘‘growing,’’ ‘‘the best in 20 those in traditional jobs who are competing stem-cell research was to block the with a tier of employees receiving lower pay years.’’ Then on Saturday in his radio and few, if any, benefits. sensible policy that President Clinton talk: The rise of that workforce has become an- had instituted to allow NIH to fund I have proposed and delivered four rounds other factor undermining the type of middle- stem-cell research with strict ethical of tax relief and our economy is creating jobs wage jobs, paying about the national average guidelines. As I noted earlier, Presi- again. We have added 1.9 million jobs in the of $17 per hour and carrying health and re- dent Clinton was the first President to past 13 months. tirement benefits, that have kept the na- allow NIH to fund embryonic stem-cell What he doesn’t point out is the tion’s middle-class standard of living so research, not President George Bush. economy is working well for Wall widely available. Hicks has spent four years as a temp work- His sensible policy was never imple- Street but not for Main Street; that we er building cars for Toyota Motor Corp., mented because the Bush administra- are still short 1.6 million jobs. This will making manifolds and dashboards for tion blocked it. be the first President since Herbert Camrys, Avalons and Solaras sold all over If George Bush had not reversed Hoover who has presided over an econ- the United States. He works alongside full- President Clinton’s sensible and well- omy where we have not produced the fledged Toyota employees who earn twice his reasoned policy, National Institutes of jobs. salary, plus health and retirement benefits. Health funded scientists would today In that report we had last week, we When Toyota announced it would be com- be able to conduct research on stem found out a great many of those jobs ing to Georgetown, Ky., in 1985, it promised cells uncontaminated with mouse cells. were temporary jobs. Of that number of to invest $800 million in the community and employ thousands, with thousands more jobs Because of George Bush’s restrictions, 96,000 jobs, a third of those were tem- coming through its suppliers. By 1997, the they cannot. porary. As was pointed out in the Joint plant exceeded all expectations, with 7,689 If George Bush had not reversed the Economic Committee where the Sen- full-time workers, a payroll over $470 mil- Clinton policy, National Institutes of ator from Maryland serves, it reminded lion, and a ripple effect creating more than Health funded scientists today would us the real unemployment rate is 9.4 34,000 other jobs in the Bluegrass state. be able to search for breakthrough new percent because so many people have But by 2000, Toyota was carefully control- cures by researching stem cells from given up looking for work. And the ling any additions to the workforce. When patients with genetic disorders. Be- long-term unemployment rate is the Hicks left his family in Knott County, Ky., to seek work at the plant 140 miles away, the cause of George Bush’s restrictions, highest for the longest in the history of only door left open was through a temporary they cannot. keeping the information by the Depart- agency, Manpower Inc. At $12.60 an hour, the If George Bush had not reversed the ment of Labor. job would not even let him afford the $199-a- Clinton policy, National Institutes of But I want to know if the senior Sen- week health insurance premium for his fam- Health researchers would be free today ator saw Monday’s Washington Post. ily of five. But Hicks said Manpower assured to research cell lines that could actu- This is not a month ago. This isn’t 6 him that after a year—two at the outside— ally be used in patients. Because of months ago. Here it is, a front-page he would be on Toyota’s payroll, earning George Bush’s restrictions, they can- story: $24.20 an hour, with health insurance, a den- tal plan, retirement benefits, incentive pay, not. Permanent Job Proves an Elusive Dream the works. It is time to lift these restrictions. The story goes on about the rise of ‘‘I could stand on my head for a year or Millions of patients and their families temporary workers. two for a $20-an-hour job with benefits,’’ he hope that George Bush will lift those The story goes on and talks about shrugged. restrictions. But everyone in this Phillip Hicks. He lost his job and could The increasing use of temps ‘‘is part of the Chamber knows he will not. To restore only find temporary work. diminished and inferior wages and fringe hope and renew the promise of medical It continues. I will ask unanimous benefits you see in all the new jobs that are progress, we need a change in Novem- becoming available,’’ said William B. Gould consent the entire article be printed in IV, a labor law professor at Stanford Univer- ber. We need a President who will not the RECORD. sity and former chairman of the National let a blind and stubborn ideology stand There being no objection, the mate- Labor Relations Board. in the way of cures for diabetes, hope rial was ordered to be printed in the The government does not have up-to-date for cancer, relief for those suffering RECORD, as follows: figures for the size of the entire contingent

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.058 S11PT1 S11240 CONGRESSIONAL RECORD — SENATE October 11, 2004 workforce, which includes temps, inde- a week in Kentucky examining the tem- at the entry wage of $12.60 an hour, compared pendent contractors, on-call workers and porary employment issue at the Georgetown with more than $14 per hour if they have contract company workers. In 2001, the plant. Before September’s hires, it had been been there for a few years. Labor Department classified 16.2 million peo- two years since the plant hired a full-time About 160 long-term temporaries, like Bid- ple—as much as 12.1 percent of the labor ‘‘team member,’’ Toyota managers said, a dle and Hicks, were grandfathered in and al- force—as contingent workers. period during which the plant shed 240 full- lowed to stay indefinitely. It does track one slice of that workforce: time positions. Temporary employment dur- Nancy Johnson, director of the Center for temporary workers. Since January 2002, the ing that time rose by 124. Labor Education and Research at the Uni- Nation added 369,000 temp positions, about ‘‘Certainly the long-term temporary issue versity of Kentucky, said that because of the half of the private-sector jobs created during is one that we regret,’’ said Pete Gritton, the new policy, temps now cycle from one plant that stretch. Temporary jobs accounted for plant’s vice president of administration and to another, working at Toyota, then at near- one-third of the 96,000 jobs added to the econ- human relations. ‘‘We never intended to have by E.D. Bullard Co., making fire helmets, omy in September. In 1982, there were 417,000 those people in here for four years or what- then perhaps at an auto parts supplier before workers classified as temporary help. Today, ever as temporary.’’ heading back to Toyota. there are more than 2.5 million, according to Temporary employment is an increasingly At the Kentucky State Cabinet for Health Labor Department data. important issue for unions. The expansive and Family Services’ community office in That is about equal to the number of man- labor contract reached between the United Georgetown, social workers say more Toyota ufacturing jobs lost in the past decade. Auto Workers and Ford Motor Co. in Sep- temps are applying for state aid to cover Barrie Peterson, associate director of Seton tember 2003 includes six pages of rules gov- food costs and medical bills. Hall University’s Institute on Work in South erning the use of temps. Under the agree- ‘‘It’s the traditional Japanese model that people talked about in the ’80s,’’ Johnson Orange, NJ, said that as many as half of ment, Ford can bring on a temporary worker said. ‘‘Toyota never lays people off, sure, but those lost manufacturing positions may have for a maximum of 89 days, after which the the temps are absorbing the financial swings been converted to temporary employment. worker must be hired or dismissed. Most of all these companies, and they’re doing it The change can be abrupt. At A&E Service temps can only work two days a week, as Co., a small auto-parts assembler in Chicago, at a price.’’ well as ‘‘premium’’ days such as holidays. Rick Hesterberg, a plant spokesman, noted employees were told on July 15 that the firm Just 62 miles west of the Toyota plant, the that $12 to $14 an hour in central Kentucky ‘‘will no longer hold general labor employees UAW made a stand at Ford’s Kentucky compares favorably to wages even for some on its payroll. All general labor employees Truck Plant, refusing even to countenance permanent jobs. ‘‘These people still make that choose to work at A&E Service Com- 89-day temps. good money,’’ he said of the temps. ‘‘It’s ‘‘It’s a big, big deal,’’ said Mike Stewart, pany, LLC must be employed by Elite Staff- nothing to snuff your nose at, at least in this the UAW’s building chairman at the plant in ing effective immediately.’’ On the an- part of the country.’’ nouncement, workers were asked to check a Louisville. ‘‘Any time you get this kind of But many Toyota temps say their prob- box accepting or declining the new tem- [compensation] divide, it just means less lems go beyond money. Indeed, life seems al- porary employment, then sign and date the people making less money who can’t afford ways on the edge of disaster, where even re- form. your product. We will always keep temps to wards—the small gift bag of cookie cutters Temps no longer fit the stereotype of the a minimum.’’ or the ‘‘Star Performer’’ T-shirts that are secretary filling in for a day or two. Jobs The use of temporary workers appears to given out to temps—seem more like petty categorized as precision production, repair, be most pervasive in plants owned by foreign humiliations. In February, a Toyota temp craftsmanship, operations, fabrications and companies, which tend to locate in states posted an anonymous ‘‘discussion’’ paper in labor now account for 30.7 percent of all where laws make union organizing difficult, the assembly-line men’s rooms, pleading temp jobs, nudging out clerical and adminis- said Susan N. Houseman, a researcher at the ‘‘the ‘E’ word, ‘E’ for exploitation.’’ trative support, which represent 29.5 percent independent W.E. Upjohn Institute for Em- ‘‘There are temps at [Toyota] who have of the temporary army. ployment Research in Kalamazoo, MI. One been here for 3 years, some approaching 4 Peterson calls it ‘‘the perma-temping shell Japanese auto parts plant estimated that a 5 years, many waiting for the permanent job game,’’ part of a broader effort by employers percentage point reduction in the share of offer,’’ the essay reads. Toyota ‘‘is exploiting to convert sectors of their workforce to temps in the workforce would increase total their patience, their economic status, their temps. labor costs by $1 million over a year, an work ethic, their work contribution, their Satisfaction with the arrangement varies. Upjohn study found. reliability, their health, their safety.’’ About 83 percent of independent contractors At BMW’s auto plant near Greenville, SC, Chris, a graduate of Western Kentucky in the Labor Department survey said they about 175 temporary workers supplement a University, once interned at Toyota during were satisfied. By contrast, about 44 percent production workforce of 3,500, keeping the college, doing computer-aided design and of temps and 52 percent of contingent work- assembly line churning out Z–4 roadsters and drafting. He spoke on condition that his last ers said they were not satisfied. X–5 sport utility vehicles for the U.S. and name would not be used. Even with a degree The impact of the temp trend on the Amer- global market through lunch hour and break and an internship on his resume, he, too, was ican middle class can hardly be overstated. times, said Robert M. Hitt, a spokesman for steered to Manpower as the only door into As the Federal Reserve Bank of Chicago BMW Manufacturing. Toyota. But unlike the other temps, he fig- noted in a paper last year, temporary work- At Faurecia S.A., a BMW supplier in near- ured his temporary stint would quickly lead ers ‘‘receive much lower wages than perma- by Fountain Inn, SC, about a third of the not just to the factory floor, but to the nent workers, although they frequently per- workers making door panels, consoles and white-collar suites. form the same tasks as permanent staff dashboards for the Z–4 are temps, said Camp- Now, after four years, he frets that his wife members.’’ An analysis by Harvard Univer- bell Manning of Palmetto Staffing Group wants a second child but he’s not sure how sity economist Lawrence F. Katz and Prince- Inc., the temporary employment agency that they’ll pay for the insurance. ton University economist Alan B. Krueger staffs the French auto parts supplier. ‘‘These people are making extreme sac- found that states with the highest con- ‘‘They don’t hire permanent,’’ she said. rifices, working second shift, no benefits, low centration of temps experienced the lowest ‘‘After 90 working days, they used to roll pay,’’ fumed Matt Roberts, 31, a full-time wage growth of the 1990s. onto the payroll. Now they just keep them as Toyota worker since 1997. ‘‘It’s a disgrace to Toyota executives say they use temporary long-term temps.’’ the American dream. That’s what it is.’’ workers as a buffer, to insulate their full- Palmetto Staffing charges Faurecia a flat For years, the United Auto Workers has time staff from the ups and downs of con- $12–an-hour for each of its temps. If Faurecia tried to unionize the Toyota plant, to no sumer demand. Since it opened in 1988, hired its own permanent workers, expenses avail. Recently, the use of temps has become through two recessions, the Georgetown for workers compensation insurance, unem- a major issue. For full-time workers, the plant has never laid off an employee, said ployment insurance and other demands temps present a quandary. On the one hand, Daniel Sieger, manager of media relations would add $4 to $5 onto a $9–an-hour wage. the full-time workers may see the temps as for Toyota Motor Manufacturing in North Benefits would add more. Toyota does, a buffer protecting their jobs. America. Even the temps cannot argue with the The more low-paid workers there are at the Even without layoffs, however, the plant’s logic of hiring a lower-cost workforce. ‘‘I plant, the more profitable the company will full-time staff has declined by 706 positions don’t really blame Toyota,’’ said Roy Biddle, be, and the less likely to resort to layoffs, from the 7,787 employees it had in 2000, ac- who went to work at the Georgetown plant suggested David Cole, director of the Center cording to Toyota. Over that time, the temp at the same time Phil Hicks did, nearly four for Automotive Research in Ann Arbor, workforce dipped from 409 in 2000 to 301 in years ago, with similar assurances that he Mich. A union might threaten that buffer by 2002, then rose to 425 late this summer. would land a full-time job after a year. ‘‘The demanding that temps be brought on full- Toyota managers say they will try to hire law’s the law, and they’re just doing what time or dismissed. all of their long-term temporaries by the end they can do under the law.’’ ‘‘The temps may help keep the union out,’’ of the year or in early 2005, after they see To temper expectations, Toyota last year Cole said. ‘‘It’s in the selfish, vested interest how many Toyota workers accept an early implemented a new policy capping tem- of the full-time workers to keep more retirement package. Forty-seven temps were porary employment at two years. After that temps.’’ hired in late September. The management period, workers must leave, but can reapply But some Toyota workers do not see it move came after The Washington Post spent in six months. If hired again, a worker starts that way. Several full-time employees said

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.044 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11241 the growing presence of temps at the plant is eign nations are basically buying up The final point I want to make is holding back their wage gains, while lim- America. We know who has the whip in that unemployment benefits usually— iting their movement in the plant. Some em- hand when you control the resources. and it is a very important point be- ployees say they have been stuck working One morning we will wake up and for- cause I see many colleagues on the nights because any open day-shift positions are quickly filled by temps. eign countries will own America. If floor who have joined with the Senator ‘‘If you break down, they’ve got a new guy they control our economy, then they from Massachusetts and myself to try waiting at the door,’’ said Roberts, who with control our destiny. The American to extend unemployment insurance his wife, another Toyota worker, clears a economy and American destiny ought benefits, and the Senator from Wash- six-figure income. ‘‘You’re creating a tug of to be in Americans hands. ington was very much involved in that war. There’s no protection for either side.’’ Mr. SARBANES. Will the Senator effort and we welcome so strongly her In Georgetown, the divisions can show up yield on that last point? leadership in it—usually are for 26 in strange, some say demoralizing, ways. Mr. KENNEDY. I am glad to. weeks. When we hit an economic down- Toyota is famous for the ‘‘kaizen’’—contin- Mr. SARBANES. The fact of the mat- turn, we extend it because the job mar- uous improvement—checks that it pays to ter is, the tax cuts for the very ket doesn’t pick up quickly enough to workers who come up with suggestions that wealthy, which is the centerpiece of save money. Earlier this year, Hicks and get people back to work. We usually Chris helped devise a change that cut two the Bush economic plan, are being fi- extend it out to 39 weeks. The adminis- jobs from their small quadrant of the assem- nanced by borrowing overseas, pri- tration has resisted efforts to extend bly line. The change meant more work for marily from China and Japan. That is the payment period for unemployment everyone, but it was more efficient. Toyota what it comes down to. We do these ex- insurance. We now have a record num- rewarded the idea by sending out $500 checks cessive tax cuts, we run a deficit, and ber of long-term unemployed. to every member of the team, every full-time we have to finance the deficit. Where This is the record even before the member, that is. do they find the money to finance the Bush administration of the long-term The two temps who came up with the sug- deficit? They sell U.S. Government unemployed. It ran along here, and now gestion got nothing. Their group leader did paper overseas, primarily to Japan and feel bad. He gave each of them a $25 gift cer- it has shot up to almost 22 percent of tificate to the Toyota company store. China. So we are borrowing money those unemployed who have been long- Then a full-time worker slipped them both from overseas in order to finance these term unemployed. $50. tax cuts. Mr. KENNEDY. Mr. President, in this ‘‘You guys got us this money,’’ Chris re- It is bad enough to borrow internally, article, besides the administration called him saying. ‘‘Sorry I can’t give you from our own people, in order to do being against the increase in the min- more.’’ this. But to go overseas and do it, as imum wage, they are against unem- Mr. KENNEDY. The article does the Senator points out, and then give ployment compensation and against track one slice of the workforce: tem- them this claim on American produc- overtime. In this report in 1982, there porary workers. Since January 2002, tion on out into the future as far as one were 417,000 workers classified tem- the nation has added 369,000 temporary can see is absolutely irresponsible. porary. Today, there are 2.5 million. positions, about half of the private-sec- The Senator from Massachusetts This is about equal to the number of tor jobs created during that stretch. made a very important point. manufacturing jobs lost in the past This report says half of all the pri- The President and his associates are decade. vate sector jobs created under this Ad- busy out in the countryside trying to These are the statements that we ministration since January 2002 are put the spin on the jobs figures. The have about how good the economy is. fact is, the economy picked up 96,000 temporary positions. These are jobs Mr. SARBANES. The Senator is ab- jobs last month. That is not enough to without benefits. You talk about solutely right. We are confronting a keep pace with the growth in popu- health insurance or retirement? Those very serious economic situation for our lation. This is the first administration are virtually nonexistent. workers. There is real anxiety—indeed since Herbert Hoover not to produce a This is what is happening in this even fear—in working America about net gain of jobs in the course of the ad- country. It is amazing to me to hear what is going to happen to people in ministration. The Bush administration the President talk about how the econ- terms of their employment and how is down 800,000 jobs, a total of 1.6 mil- omy is growing and crow about the in- they support their families. But we are lion private sector jobs, and 2.7 million creased numbers of jobs that we had— not producing jobs fast enough to put manufacturing jobs. 96,000 this last month, which is not people back to work. Yet the adminis- The last time you have an adminis- tration won’t support extending pay- even enough to keep up with the tration which failed to have a net gain growth of the population. And then we ments for unemployment insurance. in jobs in the course of its 4 years was How are these people supposed to find a third of those jobs are Govern- 75 years ago in the administration of support their families? These are work- ment jobs, a third are temporary jobs, Herbert Hoover. This is a dismal job ing people. By definition, you cannot and the other third are not paying very performance record. Yet the President draw unemployment insurance benefits much. is going around the country telling unless you have a work record. You I want to also mention that, as dif- people we have turned the corner. The must have been working and have built ficult as this is, those are figures that trouble is every time you go around up a working record in order to qualify. point out what happens to real people the corner we are going in the wrong We are talking about working Ameri- in their lives. But whatever happens to direction. That is the problem with the cans. How do they support their fami- these individuals I have just mentioned President’s policies. He may have lies? pales in comparison to the kind of pain turned the corner, but the corner is The President talks about 95,000 jobs minorities and women are feeling; taking us in the wrong direction. as though it is some success. It is not women, whose real income has de- Second, as the Senator from Massa- a success. This is the only President in clined, and minorities—Hispanics, Afri- chusetts pointed out, if you factor into 75 years in that entire period of time can Americans—whose unemployment the unemployment rate the people who who has not had a net gain of jobs dur- has increased dramatically. have dropped out of seeking a job be- ing his administration. I see the Senator from Maryland on cause they are so discouraged by the Mr. KENNEDY. I thank the Senator. his feet now. I am interested in his re- economic conditions they encounter, I see my time has expired. I thank my action to that hearing and to those fig- and people are working part time for friend from Maryland for his excellent ures. economic reasons—namely, they want observations. Before I run out of time, I would also to work full time but they can’t find a The PRESIDING OFFICER. The Sen- like him to address the subject of the full time job, so they are working part ator from Iowa is recognized for 10 foreign purchase of over half of the time—if you include that in the unem- minutes. U.S. debt. Nearly $2 trillion of the na- ployment figure as well, which is the f tional debt is now owned by foreign most comprehensive measure of unem- holders. Recent figures show China and ployment, the unemployment figure is CHRISTOPHER REEVE Japan owning $1.3 trillion in U.S. 9.4 percent, coming up to 10 percent un- Mr. HARKIN. Mr. President, like mil- Treasuries. I am concerned these for- employed. lions of other Americans, I was

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.047 S11PT1 S11242 CONGRESSIONAL RECORD — SENATE October 11, 2004 shocked and saddened to learn last ings it was determined that we did bryos we are taking the stem cells evening and to learn more this morn- have the authority to do stem cell re- from—a dot you can barely see on a ing of the death of Christopher Reeve. search from embryos. That was deter- piece of paper. In Hollywood life, he played Superman. mined. That was determined before Au- People say that is life. Of course it is But in real life, Christopher Reeve was gust of 2001. life. Every cell has life. All my skin a super person, a truly wonderful indi- I also point out that Christopher cells have life. My hair cells have life. vidual who embodied the indomitable Reeve very eloquently testified at one Sperm has life. Eggs have life. But they human spirit in a way that won the re- of those early hearings on the neces- say we cannot destroy these for stem spect and admiration of people across sity of embryonic stem cell research. cell research. They equate that some- the globe. We decided that the Government did how with this human being right here. Christopher Reeve was a classic ex- have the authority. It is the Presi- They equate this little dot that you ample of a person with a disability who dent’s Executive order of August 9, can barely see with someone like Chris is remembered most of all for his abil- 2001, that limited what we could do. Reeve. This is what we are taking the ity, not his disability—the abilities When the President says that he is stem cells from, that little dot. that he mobilized to become an ex- the first President to authorize stem A lot of people think when we talk traordinarily effective advocate for cell research, that is not so, as Senator about embryonic stem cell research stem cell research. KENNEDY pointed out. He is the first that somehow we are destroying I thank the Senator from Massachu- President to limit, severely restrict, fetuses. They get this confused. So I setts for his eloquent and straight- what we could do in stem cell research. point out it is as big as a dot on a piece forward presentation of the arguments The President said all the stem cells of paper. We will equate that with this on behalf of embryonic stem cell re- that were derived prior to 8 p.m. on Au- human or that dot with my nephew, search. gust 9, 2001, could be used. Anything Kelly McQuaid? This is the promise of But I want to commend the memory after that could not be used. stem cell research. of Christopher Reeve. He marshaled I remember watching that address. I We already have over 400,000 of these forces, he traveled all over this country was in my home State of Iowa. I little dots that you can barely see fro- at great expense, and at great cost to thought to myself, why 8 p.m.? Why zen in liquid nitrogen. They are left himself personally in terms of his own not 8:05? How about 8:10? In other over from in vitro fertilization. Guess health, to marshal the forces necessary words, if someone derives a stem cell at what happens, folks. They are being de- to promote embryonic stem cell re- 7:59, it is okay, but at 8:01, it is not. stroyed. The dots are in test tubes, fro- search. What kind of arbitrary restriction is zen in liquid nitrogen. Every so often He spoke with passion and intel- this? Totally arbitrary. when the donors do not want them any ligence and conviction. Christopher Because of that, he said there would longer—they had their children or they Reeve offered hope—not a false or idle be 60 stem cell lines—and we know reached the age they do not want to hope. He offered hope grounded in there are only 22, and as the Senator have children—they can call up the in science and discovery, hope grounded from Massachusetts said every single vitro clinic and say, We do not want in the promise in possibilities of em- one of those is contaminated because those saved any longer, and the test bryonic stem cell research. Forty-two they used mouse cells on which to tube is cleaned out and is washed down Nobel laureates—I think maybe many grow. So their use in human treat- the sink. It is either that or use them of them because Christopher Reeve ments is highly unlikely, at best. for stem cell research. called them on the phone and visited— The fact is, embryonic stem cell re- That is why I wanted to pay homage came out in strong support of embry- search offers enormous potential to to Chris Reeve’s memory today. He was onic stem cell research. ease human suffering. That is why this a great friend, a personal friend. I re- Just yesterday there was a march person, Christopher Reeve, fought so member him coming to Iowa. My sym- here in Washington by families and hard. The promise of stem cell research pathies to Dana, his wonderful wife, survivors of those who had ALS, Lou gave Chris Reeve hope, just as it gives and their family. But rest assured, we Gehrig’s Disease. One of those march- hope for those suffering from ALS, Par- will prevail. ers was a staff person of mine whose fa- kinson’s disease, and diabetes, and all Mr. JEFFORDS. Mr. President, I ther just passed away from ALS. She of their families. It is giving my neph- come before the Senate today with a and her mother were both in that ew, Kelly McQuaid, hope. He was in- heavy heart to pay tribute to Chris- march yesterday. jured in the military. He is now quad- topher Reeve. I was lucky to be able to call Chris- Christopher Reeve’s argument for riplegic and has been for over 20 years. topher Reeve a friend. stem cell research was compelling. It He has hope that this stem cell re- was beyond personal. Yes, he did speak His passion for life and for improving search will allow him to again walk the lives of all Americans serves an in- once about his own personal spinal one day, just as Chris Reeve hoped it cord injury and stem cell research at spiration to all of us. would for him. He may have played the character of Ohio State University in 2003 at a com- We know stem cells have worked in Superman in the movies, but he lived mencement address. rats. It has been proven that rats with He said: the role of a superman through his life. spinal cords that have been severed and I consider myself quite fortunate I come to know people of all ages and from reconnected with stem cells walk all walks of life that I would otherwise never that our paths crossed on many occa- again. That has been done in rats. As I sions, in Vermont, at his home in New have even met. For all our differences, what pointed out, we humans are 99.5 per- we had in common was our disability and the York, and in the halls of Congress. desire to find a reason to hope. I was inspired cent rats—I don’t mean just us politi- Chris was an outspoken advocate for by so many and gradually discovered that I cians, I am saying genomically, struc- the arts. had been given a job that would create ur- turally, we are about 99 percent the As the co-founder of the Congres- gency and a new direction in my life. I could same cells. If stem cells can get rats sional Arts Caucus and, for several do something to help. walking again, think of the hope it has years, the Chairman of the Senate Christopher Reeve really did do a lot for humans. Yet this President says no. Committee with jurisdiction over the to help. There are those who say we cannot National Endowment for the Arts Senator SPECTER as chairman and I destroy these embryos because it is (NEA), Chris and I shared the belief as cochair of the Appropriations Sub- life. This is something I have done be- that Federal support for the arts was committee on Labor, Health and fore in my committee, and I did it once critical. Human Services held the first hearing with Chris Reeve there. He liked it, so At a time when the NEA was under on December 2, 1998, after Dr. Thomp- I will do it again in his memory. I have attack in 1995, I asked Chris to testify son of Wisconsin and Dr. Gerhart of a pen and a blank piece of paper. I hold before the Senate Labor and Human Johns Hopkins isolated the first stem this up and I ask if anyone can see Resources Committee on the impor- cells. I am proud that our sub- what I put on that piece of paper. What tance of the agency. committee had 15 hearings on this I put on that piece of paper is a dot, a His testimony brought attention to issue. At more than one of those hear- little dot. That is the size of the em- the issue, and highlighted the role that

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.063 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11243 arts and education play in the lives of Mrs. FEINSTEIN. Mr. President, I The PRESIDING OFFICER. Under children. thank the Senator from Iowa for his the previous order, the Senator from Il- To this day, I believe that his testi- very eloquent presentation. I agree linois is recognized for up to 20 min- mony and advocacy helped preserve the with him 100 percent. I also thank the utes. agency through very difficult times. Senator from Massachusetts for his Mr. DURBIN. Mr. President, I would Later, I turned to Chris again for presentation. like to change that by unanimous con- help, this time on the important issue As the senior Senator from Cali- sent to 15 minutes and ask if the Chair of lifetime caps on health insurance fornia, a lifelong Californian, I will would notify me when I have 2 minutes policies. make a few remarks about Chris Reeve. remaining. In 1996, as the Congress was writing I remember when I saw Chris Reeve The PRESIDING OFFICER. Without new laws governing the portability and in ‘‘Superman.’’ He was 25 years old. He objection, it is so ordered. availability of health care coverage, was amazing. We now learn he did some Mr. DURBIN. Mr. President, I thank Chris helped me gather support for a of his own stunts. And then what fol- the Senator from California for what proposal to raise the lifetime caps of lowed was the ‘‘5th of July,’’ and I re- she said. This tax bill came about be- health insurance policies. member ‘‘Somewhere in Time.’’ We saw cause we got into a fight with our trad- Chris was an outspoken advocate in this tall, handsome actor, seemingly ing partners over export subsidies. At support of that proposal, and shared his invulnerable. the end of the fight, they won and we own personal story concerning health I remember the film footage when he lost. An export subsidy that we had in insurance to raise awareness for the went over that jump on a horse. We the United States had to be taken off lifetime cap issue. learned that he had severed a vertebra the books. So what was a minor facelift His courage and leadership brought high in his neck which canceled out all when it came to an export subsidy that issue to the forefront of the Con- speech and rendered him quadriplegic turned out, after our friends in the gressional debate. for the rest of his life. House and Senate got their hands on it, His dedication to stem cell research As many know, it is rare that an in- to be an extreme makeover of the Tax was renowned. dividual survives more than 2 years Code. Unfortunately, the American His testimony before the Congress with this form of injury. Yet he sur- people, who could not afford the power- and advocacy for the issue—once vived for 9 years. I remember listening ful lobbyists involved in writing this, again—put a human face on the possi- to a CNN interview with Paula Zahn ended up as the people with the sad over stem cells. He said: When some- bilities that could emerge from stem faces. cell research for those with spinal cord body lies still and doesn’t move any- So when we take a close look at what injuries and other diseases and afflic- thing for a matter of days, cannot even this bill did, what was supposed to be a tions. scratch their nose, let them talk to me quick and minor fix of the Tax Code Chris’ commitment to bettering the about stem cell research. blossomed into a huge giveaway of tax In fact, this is a catastrophic injury lives of individuals with disabilities benefits and made some policy changes presenting him with a catastrophic never ended. we are going to regret. problem. So many people suffer from In 2000, Chris traveled to Burlington, I have been fighting the tobacco com- many of these injuries and from cata- VT, at my request to speak before a panies as long as I have been in Con- strophic disease, all of which may well disability conference. gress but 15 years ago passed the law be helped if we go eagerly, enthusiasti- It was his first visit back to Vermont which banned smoking on airplanes. cally, and scientifically into stem cell since his accident. The passage of that law led to some He called the disability movement research. That is the challenge. Par- kinson, diabetes, Alzheimer’s, spinal very important things happening in the the last great civil rights movement, U.S. Government and across the board. saying the primary obstacle for the dis- cord injuries all can be helped. Yet Christopher Reeve, who could But I mistakenly believed that the abled is other people’s fear. not move, made amazing progress—not trend was on our side, that those of us Chris said: a recovery but progress—and would ap- who wanted to protect children from Changing the public’s perception of people pear here before hearings and hold becoming addicted to tobacco really with disabilities takes time. It’s about them had the wind at our backs. getting over their fear. Imagining that it press conferences and urge us to move forward with a stem cell bill. Well, we lost it in this conference could be them. committee because we put in the con- And once they know that, once they can I had the pleasure of introducing the really sympathize, then you get change. first stem cell bill in this Senate. ference report a provision which the And then America lives up to its full po- There are five Members—the Senator major tobacco company, Philip Morris/ tential. from Utah, Mr. HATCH; the Senator Altria, agreed on which said if we are And I think we’re on that path. from Massachusetts, Mr. KENNEDY; the going to buy out tobacco growers, then Thanks to Christopher Reeve count- Senator from Pennsylvania, Mr. SPEC- we are going to put FDA regulation in less Americans will live to their full TER; the Senator from Iowa, Mr. HAR- place so we can protect children from potential. KIN—who are cosponsors of the major being sold tobacco products that lead We will continue to work on his be- stem cell bill. We will be back. We will to an addiction that can lead to disease half on the issues he was so dedicated reintroduce it as one of our first bills or death. to. in January in this new session. I will It was a good, balanced bill, a bipar- I send my deepest condolences to be asking my colleagues to rename this tisan bill. Senator DEWINE, a Repub- Chris’ wife, Dana, and their entire fam- bill the Christopher Reeve National lican of Ohio, and Senator KENNEDY, ily. Stem Cell Act. Democrat of Massachusetts, put to- They cared for Christopher with a I want all of America, through this gether this FDA regulation. We sent it love and kindness that was inspira- bill, to know Chris Reeve’s last 9 years to conference and those conferees who tional. on Earth were not, in fact, in vain, that put together this monstrous bill ripped Dana herself was an inspiration to all we will produce a bill that will, in fact, it out. of us. She understood the devotion and put America on the scientific horizons Instead, they said, we are going to greatness of Chris. She helped Chris of research for catastrophic and dis- give billions of dollars to buy out to- live out his desire to help the disabled. abling diseases and injuries. If we do bacco growers but not one penny to I hope they are comforted with his not, I believe other States will follow protect children from the harm of to- memory, and the knowledge that their with what California is doing. bacco products. loss is shared by so many across this California has on the ballot a propo- I will return next year, God willing, Nation. sition. It is known as proposition 71. It to renew this battle with my col- I yield the floor. would produce $3 billion in bond funds leagues. We cannot give up on our chil- The PRESIDING OFFICER. Under to allow California to plunge ahead to dren as this bill did. It is not the only the previous order, the Senator from produce stem cell research. Now, other thing wrong with the bill. It is the one California is now recognized for 10 min- States will follow if we do not move that touches me personally and one utes. with a national bill. So I hope we will. about which I feel strongly.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.036 S11PT1 S11244 CONGRESSIONAL RECORD — SENATE October 11, 2004 Mr. SARBANES. Will the Senator chance in life. He came here to Capitol medical research, are we going to close yield? Hill and testified, held news con- the doors that the Bush administration Mr. DURBIN. I am happy to yield. ferences, traveled around the United has to the hopes for Christopher Reeve Mr. SARBANES. The bill that was States with the message. and many like him, and for millions passed by the Senate contained within Why is it important that we not just across America? it the provision that provided author- eulogize this brave man and the 9 years In just a few days, there will be a de- ity to the FDA to protect children; is of his life where he showed such cour- bate between President Bush and Sen- that correct? age? Because the issue he was fighting ator JOHN KERRY—the last one—in Ari- Mr. DURBIN. That is correct. for is an issue we will all get to vote zona, about the economy. I hope there Mr. SARBANES. And that provision for on November 2. is an opportunity for JOHN KERRY to was then taken out in the conference Christopher Reeve and many like point out these facts: with the House Members, stripped out him, such as Michael J. Fox, under- Forty-seven States under the Bush of the bill; is that right? stand that embryonic stem cell re- administration have had a loss of man- Mr. DURBIN. The Senator from search gives them hope, a chance to ufacturing jobs. I am sure this chart is Maryland is correct. What they took overcome quadriplegia, a chance to hard to see on television. In Illinois we out of the bill was the authority of the overcome Parkinson’s disease, a lost 135,800 manufacturing jobs in the Food and Drug Administration to list chance for the millions of families who last 4 years; almost 40,000 in Missouri; the ingredients on a tobacco package, see their beautiful young son or daugh- 23,000 plus in Iowa; 52,500 in Wisconsin; to put on a warning label that really ter with juvenile diabetes, just a 152,000 in Pennsylvania; 164,000 manu- means something, as opposed to the chance that the research will open the facturing jobs lost under the Bush ad- meaningless warning labels that have door to find a cure, really break- ministration in Ohio; 10,000 in West been on for 30 or 40 years, and to estab- through scientific research involving Virginia. The list goes on and on for 47 lish standards and rules for selling to- tiny stem cells that you can only see States. These are the jobs we have lost. bacco products so children won’t be- under a microscope. Trust me, when these jobs are lost, come addicted. Why is this important? Because this they are not replaced with jobs that I have never met a parent who has administration, the Bush administra- pay as much or that offer the same said to me: I am so happy. I just tion, has taken the position that the kind of benefits. These families are learned my teenage daughter has start- Federal Government must close the going to have a tough time getting ed smoking. door to embryonic stem cell research back to where they were. Why has this I have never heard that said. There and only limit it to a handful of these happened? The Bush administration’s isn’t a single one of us who has reared stem cell lines that were existing on economic policies have failed. Tax a child who ever wanted to hear they August 2001 when President Bush an- breaks for the wealthiest people in were going to take up smoking or ciga- nounced he had in his own mind America have not given us the kind of rette tobacco. This bill established pro- reached a compromise on this issue. It economic boost that the President tections. Those protections were re- may have been a political compromise promised. moved. Those tobacco lobbyists who to President Bush, but it compromises Look at what has happened in the have a big grin on their faces today, be- the future for millions of Americans. Bush economy when it comes to Amer- cause we passed this bill by a big roll- Some people argue it is a partisan ican families’ household income. It is call, should understand their children issue: DURBIN, you’re a Democrat criti- down over $1,500 since the President are at risk, too. The children of fami- cizing a Republican President. took office. We have lost ground. We lies across America are at risk as well. Listen closely: No one has ever sug- have lost ground for families who get Mr. DURBIN. Let me say a word, too, gested that Nancy Reagan is not a good up and work hard every day to try to about Christopher Reeve. I woke up Republican, and she stood up to fight make ends meet. this morning in Chicago before flying for embryonic stem cell research. And Take a look at what happened with here and heard the news, as did most ORRIN HATCH, a Republican Senator unemployment figures. The Senator Americans, about the death of Chris- from Utah, has stood up to do the from Maryland got up and told us we topher Reeve at the age of 52. I saw same, and ARLEN SPECTER, another Re- have just set a record of 24 straight him in the movies—we all did—‘‘Super- publican, has stood up to do the same. months of long-term unemployment at man’’ and others. He was quite a hand- This is not a partisan issue. record levels. We have never had that some young actor who attracted a lot The position we take on this issue is bad a period of time or that bad a of attention at the height of his career. to take the politics out of science. We stretch in modern economic history in Then about 9 years ago he was involved have an opportunity for Christopher America. It means you have been un- in an accident which left him a quad- Reeve and people such as him to give employed for more than 6 months. riplegic. them hope and a chance that medical Look at the numbers that they have I remember the photos of Chris Reeve research is going to open doors and grown under the Bush administration, after this happened. There were photos make lives better. where out-of-work Americans are run- of a man in a wheelchair on a venti- Some want this to be a debate on re- ning out of unemployment benefits. lator who looked as if he was just ligion. There are some, by religious be- This President insists that he is not hanging on to life by a thread. He hung lief, who do not endorse embryonic going to rest until every American has on for 9 years, and he didn’t just sur- stem cell research. We better take care a job. This President is not going to vive, he used his life and used it hero- if that is going to be the standard. We get much rest because there are a lot of ically. could be walking into a very dangerous Americans who have lost jobs. Over Let me also say I thought so many area. 800,000 net jobs were lost under Presi- times about his wife Dana and their There are some, by religious belief, dent Bush’s administration, which is family. Those of us who are married who don’t believe in blood transfusions. the lowest job creation number by any said we would stand by our mate for So should we say at this point blood President of any political party in over better or for worse, richer or poorer, in transfusions are immoral for all Ameri- 70 years. And this President is offering sickness and in health. You never quite cans because one religion or another us 4 more years? I have to ask, as Sen- know what that vow means until you does not agree they are necessary to ator KERRY did, can America take 4 see someone like Dana, the wife of prolong life? more years of this? Christopher Reeve, who stood with There are some, by religious belief, This administration’s approach to him, helped him every minute of every who believe medical doctors should not the economic problems in America is day so he could survive. be turned to but the power of prayer not taking care of business. Look what And he didn’t just survive. He fought. should cure your illness. Should we is happening to the workers who are What did he fight for? He fought for take that as a moral position for Amer- working harder. Productivity is up 15 medical research so people just like ica and say that we cannot encourage times between 2001 and 2004. Yet wages him and others who would be victim- medicine in America? I think not. So are stagnant and falling. The harder ized like him might have a fighting why in this area, when it comes to our people work in America, the less

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.067 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11245 they are paid. That is the American ica. We are either going to move to- Government jobs, the administration is dream? Perhaps it is to President Bush ward 4 more years of the Bush adminis- down 825,000 jobs over the course of its but not to the families across America. tration, with economic policies that tenure. It is down 825,000 total jobs, 1.6 Meanwhile, how are corporate profits have taken a toll on the hardest work- million private sector jobs, and 2.7 mil- doing in the recession, the struggling ing people in the world, or we are going lion jobs lost in manufacturing em- economy? Very well, thank you. They to move forward with a new vision to ployment. Manufacturing employment are up 65 percent under the Bush ad- help families have a better life for is down 2,700,000 jobs. ministration, while workers’ wages are themselves and their children. This job performance—or more accu- going down. The rich are getting rich- We are going to decide, when it rately put, lack of performance—is the er, the poor are getting poorer, and the comes to foreign policy, if we are going worst in 75 years. We have to go all the middle-income folks are feeling the to continue to squander the reputation way back to the administration of squeeze. That, unfortunately, is the re- and good name that America has built President Hoover to find another ad- ality of their tax policy. up over many decades or whether we ministration which lost jobs in the Mr. SARBANES. Will the Senator are going to move to a new level of re- course of its tenure; in other words, yield on that point? spect for America around the world. failed to produce a net gain of jobs. Mr. DURBIN. Yes. The choice is in the hands of the voters Some administrations in the interim Mr. SARBANES. It is unparalleled in on November 2. have done very well, others fairly well, coming out of a recession that so much I yield the floor. others not so well. All have had a net of the growth is going to profits and so I yield the floor. gain in jobs except for this administra- little of the growth is going to wages. The PRESIDING OFFICER (Mrs. tion. It is a stark contrast with what oc- DOLE). The Senator from Maryland is The unemployment rate which was curred as we tried to move out of pre- now recognized for up to 20 minutes reported on Friday as 5.4 percent does vious recessions in the entire post- under the previous consent order. not tell the full story of the depth and World War II period. f breadth of unemployment which exists The point the Senator makes is ex- in the country. If we count in amongst tremely important. Productivity is up. UNEMPLOYMENT FIGURES the unemployed—and the Bureau of The workers are producing, but they Mr. SARBANES. Madam President, Labor Statistics keeps this index—if are not getting a return in their wages. on Friday the Bureau of Labor Statis- you count in people who have dropped The benefits are going heavily into cor- tics came out with the latest unem- out of looking for a job because they porate profits. The Senator is abso- ployment figures. I commend the Bu- are so discouraged by how poor the lutely correct. And it is a marked de- reau of Labor Statistics. They are pro- labor market is and a very substantial parture with previous performance, fessionals. They bring us the figures. number of people who are working part where there was a much more equitable They do not try to put a spin on them. time for economic reasons—in other sharing of the economic benefits of the They just lay out the facts. That is a words, they want to work full time, but growth that was taking place, and the kind of unusual thing in our public dis- they cannot find a full-time job, so ob- wage earner was doing better than course nowadays, I have to say. We do viously in order to try to support their under the circumstances we face today. not seem to pay much attention to the family, they take a part-time job, but Mr. DURBIN. I thank the Senator facts anymore. It is all spin—spin, spin, they are seeking a full-time job—if you from Maryland. spin, spin, deception, misstatement, so factor in that underemployment, and if Mr. President, how much time do I forth and so on. But there are still pro- you factor in the people who dropped have remaining? fessionals in various parts of our Gov- out of the workforce in terms of seek- The PRESIDING OFFICER. There is ernment, and I simply at the outset ing employment, we end up with an un- 11⁄2 minutes remaining. commend them for sticking to the employment rate of 9.4 percent—9.4 Mr. DURBIN. In closing, the Senator facts. Members of the Joint Economic percent. That is what we are con- from Maryland will speak when I finish Committee tried to draw the Commis- fronting. And that rate, of course, is a and talk about the economic statistics, sioner and her associates into the spin consequence of failing to have a net facts, and figures. That is the one thing efforts, and she resisted, as she should. gain in jobs over the course of this ad- we believe on this side of the aisle. I wish to talk this afternoon briefly ministration. If this election is to be decided by about some of the figures and the facts, I was fascinated to watch the spin facts and evidence, the American peo- and I will try to lay them out as best artists go out and try to spin this 96,000 ple will vote for a new vision of Amer- I can. figure into some big success. Quite to ica, a stronger economy at home, and We produced last month 96,000 jobs— the contrary. It shows a serious short- more respect for America around the I say a mere 96,000 jobs because we need fall in economic performance. And the world. But if we are going to let this to produce about 140,000 jobs per month thing that makes it an even deeper campaign disintegrate in the last 3 simply to stay abreast of the growth in concern is the fact that the adminis- weeks into sloganeering and name-call- population. So if we are producing tration’s performance over the course ing, who knows what the outcome will fewer jobs than that, we are obviously of this year in producing jobs has seri- be. We trust the facts and the evidence. slipping backward. ously weakened. In other words, if we This administration has failed to move This performance of this administra- go back to the beginning of this year, this economy forward for working fam- tion should be a matter of very deep job creation has dropped markedly. ilies. It has pushed a tax policy that concern for people in the country. Back Some of the spin is to sort of say 9/11 not only doesn’t help them, in many at the beginning of the year, the ad- did it all. They attribute it all to 9/11, instances it penalizes them. ministration did have a couple of but obviously this chart indicates to Look at what families are up against months of good, solid production, and I the contrary because we had some fair under the Bush administration. The want to put that right up front be- job production here, and then it has cost of medical care and health insur- cause, as I said, I want to stay with the fallen. The cumulative impact of hav- ance, up 59 percent; gasoline is up 38 facts. But what has happened is over ing that happen is, in fact, now to have percent; college tuition is up 38 per- the course of the year, their job pro- an administration which does not have cent; housing costs are up 27 percent. duction has fallen very sharply, as this a positive job creation performance Even the cost of a bottle of milk is up chart shows. We are now down to just over the course of its tenure. 13 percent. When this President says in below 100,000 jobs produced in the last Now, we all know that everyone gets Arizona in the next debate that Amer- month of this Bush administration. up on the Senate floor and they make ica is better off under his administra- The cumulative record of this admin- long speeches about the best social pro- tion, he isn’t feeling the pain families istration over the course of the time it gram is a job. I agree with that. I doubt feel every single day when they try to has been here has been a loss of 1.6 mil- that there is anyone in this body who make ends meet. lion private sector jobs. Private sector would disagree that the best social pro- Mr. President, this election is going jobs are down 1.6 million. In total jobs, gram is a job, but the jobs are not to be a historic turning point for Amer- because we have had some uptick in being produced.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.069 S11PT1 S11246 CONGRESSIONAL RECORD — SENATE October 11, 2004 As I said, we can go back through our have really brought that figure way over the period—that this administra- history to every previous administra- down because of the high job produc- tion has not created a net gain in jobs. tion, Democratic and Republican alike, tion that had occurred in the Clinton It is no wonder that working people all until we get back to Herbert Hoover, administration. It is now up to 1,750,000 across America are concerned and anx- who had a net positive creation of jobs long-term unemployed. ious, not only those who have lost their in the course of his tenure. This admin- As a consequence, the percentage of jobs, but those who fear they are going istration has failed to do that. the unemployed who are long-term em- to lose their jobs, or those who maybe There are now 825,000 jobs less than ployed, in other words, a consequence found another job but found themselves when this administration came into of- of this incredible growth in the long- in this situation, that the jobs gained fice. There are 1.6 million jobs less in term unemployed from 680,000 to on average pay $20,000 less than the the private sector. There are 2.7 mil- 1,750,000, is almost triple. The percent- jobs lost. In other words, you have lion jobs less in manufacturing, which, age of workers unemployed who are long-term unemployed who cannot find of course, has been the hardest hit of long-term unemployed has jumped a job, you have people very apprehen- all, and which I think this administra- from about 10 percent to over 20 per- sive about their job situation because tion has badly neglected in terms of a cent. It is now almost at 22 percent. the number of jobs produced month by whole range of policies. But 2.7 million In this period, these high figures month is on a declining line, and then jobs less in manufacturing, 1.6 million above 20 percent of the long-term un- you have those who manage to find a jobs less in the private sector, 825,000 employed, this percentage of unem- job only to find it is at pay levels far jobs less total, because there has been ployed workers, this rapid runup and less than they were previously receiv- some increase in jobs in the public sec- then this continuing high figure, is a ing. The consequence of this is to put tor. record. It has been above 20 percent for an enormous squeezing pressure on This is the performance of this ad- 24 continuous months, which is dra- working and middle-income people in ministration. As I said, if one factors matic evidence of the failure of the this country. in all of the components of unemploy- economic policies of this administra- The costs of everything are up, wages ment, including those that have part- tion. are almost level, and all across the time work but want full-time work, These figures reflect real human country working families are sitting those who dropped out of the labor hurt. These are men and women who down at their kitchen tables, trying to force because they are so discouraged had jobs, who worked, who lost their figure out how they are going to pay by the job market, we have an unem- jobs, and cannot find another job. As a their bills. ployment rate of 9.4 percent. consequence, when their benefits run I said earlier, when we were having There is one other point I want to out and the administration and the this discussion, that in this economic make, which I think is highly relevant, Congress fail to extend their benefits, cycle a far greater percentage of the and it also, of course, affects efforts in they find themselves in an incredibly benefits are going to corporate profits this Congress to deal with the unem- difficult situation. How are they then than are going to wages. When you ployment insurance benefits question. to support their family? look at the figures, it is absolutely We define long-term unemployed as We have made repeated efforts on the startling the contrast with what we ex- people out of work for more than 26 floor to extend the unemployment in- perienced at this point in previous eco- weeks—in other words, more than 6 surance. They have been blocked by nomic cycles. So there is a tremendous months. The unemployment insurance the other side. The administration has skewing of whatever benefits there are benefit program is geared to pay 26 not been supportive of this effort. So from growth to profits and away from weeks of benefits. The assumption is to we have one and three-quarter million working people. This, I submit, ought help people through a difficult period people long-term unemployed no longer to be a matter of deep concern all to support their families. eligible for benefits, not able to find across the country. I hasten to point out that one cannot work in a job market last month, I yield the floor. draw unemployment benefits unless where they produced 96,000 jobs. That is The PRESIDING OFFICER. The Sen- they have a work record. In other not even close to keeping abreast of ator from Texas. words, one must have worked and had a the growth in population, let alone THE AMERICAN ECONOMY work record in order to qualify to draw putting people back to work. In my Mr. CORNYN. Mr. President, I have these benefits. judgment, there is no way that these sat here for the last 2 hours 15 minutes In previous recessions, when the economic figures can be spun to rep- and listened to a number of speeches by economy has not strengthened and jobs resent some economic success which is, my colleagues on the other side of the have not picked up, we have extended of course, what the President has gone aisle. I can only conclude that they are the period of time to pay unemploy- across the country to try to do. invoking the memory of Mark Twain, ment benefits because how can some- In fact, he keeps going into States who said: ‘‘I am not one of those who one be told, after 6 months, well, they and saying we have turned the corner. when expressing opinions confines my- should have found a job and gone back I think when one looks around the cor- self to the facts.’’ to work, when the job market has not ner that we have supposedly turned, What I mean is I find it curious that picked up and there is no job to be one finds we are moving in the wrong speaker after speaker has criticized the found and they find themselves in the direction. This is not the right direc- Bush administration, and indeed, the difficult situation, how are they going tion to be moving with respect to the majority in this Congress, for our to provide for their family if the bene- long-term unemployed. Who would progrowth economic policies when, in fits are cut off and the benefits, of want to turn a corner and find that the fact, the results of those policies course, pay only a fraction of what long-term unemployed is rising from worked to the betterment of the Amer- they earn, and there is no job to be about 10 percent of those unemployed ican people and create hope and oppor- found? to over 20 percent of those unem- tunity and not despair and hand wring- So now, we have extended the bene- ployed? This steady diet of over 20 per- ing. The only thing I believe contrib- fits as a consequence. We have done cent for 24 months is unparalleled. Who utes to despair and hand wringing and that in this recession, but much less would want to turn the corner and find increased anxiety among the American than previously. The administration that the monthly job creation was on people, and indeed the voters who are has not been supportive of further ex- this downward trajectory? going to vote on November 2, are tension, even though the number of The President says we have turned speeches made by supporters of the long-term unemployed, amongst all the the corner, and I say to myself, well, Democratic nominee on this floor and unemployed—in other words, people let us look at what we see when we elsewhere, talking gloom and doom and out of work for more than 6 months, turn the corner. What we see when we despair as if America was no longer the has almost tripled. It has gone from turn the corner is this decline in job last best hope on the planet. 680,000 long-term unemployed when creation. First, I wish to talk about the bill George Bush took office as President in We see, when we take a look in con- that was passed a couple of hours ago, January of 2001—in other words, we text—in other words, when we look the FSC/ETI bill, more appropriately

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.072 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11247 named the JOBS bill. I was proud to be try, creating thousands of jobs, pri- den and more litigation risk environ- 1 of the 69 Senators who voted in sup- marily because of the low corporate ment, more regulation and the like, port of that bill, for a number of rea- tax rate and because of the population they are going to take a look at places sons. First, we were able to eliminate a that is eager and willing to work. such as India, China, and Mexico, and 12-percent penalty against exported The fact is, our policies do impact other places that do not have a lot of goods made by American companies ex- our competitiveness in the global econ- those same regulatory and legal bur- ported to the European Union. That is omy, and have a direct impact on the dens and tax burdens. something that was long overdue. We quality of life and the prosperity of the One reason why America continues really would not have had to wait this American people, something I am to prosper is because, of course, we long to do that but for some obstruc- afraid is too often ignored. have what many places in the world do tion on the other side of the aisle. I am so glad to see some of my col- not have; that is, stability in the rule The second reason I am proud to have leagues from the other side of the aisle of law that promotes security of in- voted for this bill is because it ends the who rail against reduction in taxes for vestment. So we can continue to at- discrimination against those States individual taxpayers agreed—all of us tract foreign dollars in this country. such as mine, Texas, which have no in- combined—by a vote of 69 to 17 that For example, the Congressional Re- come tax. In Texas, we tend to adhere lower taxes promote economic growth search Service has produced a docu- to the idea that government should not and promote greater job creation. That ment entitled ‘‘Outsourcing and be a burden any bigger than absolutely is exactly why I believe we were wise Insourcing Jobs in the United States necessary upon the people who earn the to pass this bill in the Senate today. Economy, An Overview of Evidence money, so they can save it, they can Unfortunately, what we hear too often Based on Foreign Investment Data.’’ This research document reveals that invest it, and small businesses can cre- when talking about issues such as eco- by 2003 U.S. firms accumulated $1.5 ate jobs. So we do not have an income nomics and job creation is a lot of cyn- trillion worth of direct investment tax. We have a sales tax. icism. I heard someone on the floor abroad compared to the $1.4 trillion But for many years now, Federal today talking about elite corporate in- foreign investors spent to require or es- laws discriminated against States such terests will benefit when tax rates are tablish businesses in the United States. as Texas and I believe Washington—I lowered, or I think there was a ref- For 2003 alone, foreign direct invest- see the Senator from Washington on erence made by the Democratic nomi- ment in the United States was about the floor. I believe her State was also nee for President about Benedict Ar- $82 billion, whereas U.S. direct invest- affected by this change. Now taxpayers nold corporations are traitors, in ef- ment abroad rose to about $155 billion in Texas can deduct the sales tax they fect, of America by taking jobs out of pay from their Federal income tax. I in 2003. America into other countries. I want to As I said, markets tend to be ration- am very pleased that 69 Members of the talk about that more in a minute. But al. People, unlike the Federal Govern- Senate today saw fit to end that un- what these amount to is a philosophy ment, have to look at the bottom line justified discrimination. of claim to love the worker but hate and make sure that they don’t operate The reduction in the corporate tax the employer. In other words, speaker in the red and thus go bankrupt and rate for manufacturers that was ac- after speaker today claimed that the risk going out of existence. They have complished by the passage of this bill policies of this administration were to be rational. They cannot make the earlier today has effectively reduced hurtful to the worker at the same time kinds of emotional decisions that are the corporate tax rate for these manu- they claimed that the only ones who made too often in the political realm. facturers by 3 percent. In other words, benefitted were the big corporations. But it is no wonder because of the the corporate tax rate in the United The fact is you cannot claim to love regulatory environment, the tax, the States, which is 35 percent across the the worker and hate the employer who high taxes in this country, because of board, has now been reduced 3 percent provides the worker their job. That is the legal system which unfortunately for this class of taxpayers—manufac- why I believe we need more progrowth rewards a few at the expense of the turers. This will, no doubt, provide an policies. I think we need to look at our many, that we are finding more jobs opportunity for manufacturing con- tax policies across the board. going overseas. And there is something cerns to increase their competitiveness We need to look at our civil justice we can do about it. The fact is we in in a global economy where they have system which imposes a tort tax on this Congress are well situated to enact to compete with much lower wage-pay- every consumer in this country and progrowth policies which will decrease ing countries, such as China and else- which stymies innovation and business the likelihood that companies will go where. growth and thus job growth. overseas or outsource jobs to other It is curious, though, to me, that We need to look at our regulatory countries and other locations around America still has one of the highest policies which make it difficult for the globe. But we are not doing the corporate tax rates in the world. In- America to compete. And, yes, we need things we need to do to promote deed, the University of Michigan, in a to look at policies which will provide growth right here at home and ensure study from the Office of Tax Policy Re- greater opportunities for innovation greater employment opportunities for search, says that in 2002, the last year not by the Federal Government but by the American people. for which figures were ready available, the men and women, the risk takers, For example, we know that one of the average corporate tax rate for the investors and people who create the biggest drags on the economy and countries all across the world was 29 jobs all across this great land—indeed, on job creation is expensive oil im- percent across the board—29 percent. all across the world. ports. We know a barrel of oil is cur- America’s is 35 percent, except for now What I have heard earlier today with rently selling on the spot market in ex- when this bill becomes law, it will be regard to condemnation of elite cor- cess of $50 a barrel. We had an oppor- reduced for a certain class of taxpayers porate interests and the like also re- tunity—and unfortunately we didn’t in the manufacturing business. minds me of some of the debate we avail ourselves of that opportunity—to This chart shows that, for example, heard earlier about outsourcing. It is pass an energy bill which I think would the Slovak Republic has a 25-percent my view that a lot of the debate on have created more domestic production corporate tax rate. Indeed, this past outsourcing is largely based on the here in America, and we would have year I was privileged to travel from same sort of fearmongering and anx- had a greater supply, and thus bring Bratislava, with other Members of the iety and hammering we have heard the price down. But we didn’t do it. Senate, to represent the United States generally today in attacks against this We have high natural gas costs be- at a meeting of the Presidents of the administration and its economic poli- cause we simply have put too much of new members of NATO, including the cies, not on the facts. The facts are the domestic supply out of our reach Slovak Republic. We learned from the that markets are rational. by moratoria and other policies which Ambassador that, indeed because of the In other words, if a company can said we may have the gas but we are low corporate tax rates, that small open a business here in the United simply not going to explore and drill country had been able to attract three States or increase the size of its busi- for it. It should be no surprise that the major car manufacturers to the coun- ness, but because of a higher tax bur- cost of natural gas is at historic highs.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.073 S11PT1 S11248 CONGRESSIONAL RECORD — SENATE October 11, 2004 It is no surprise that gasoline is so vey and the household survey—more sometimes in listening to the debate in expensive when regulations have re- and more Americans are no longer the Senate today and elsewhere, maybe sulted in no new refineries being cre- working in a traditional employer-em- he is right—but not quite in the way he ated in the United States since about ployee relationship. Indeed, they are says. There is one America that is the early 1970s. The fact is most of the pursuing their own dream by starting hopeful, that seeks opportunity and be- refiners are operating at maximum ca- their own business. According to the lieves that everyone, no matter who pacity. household survey, 2.2 million new jobs they are, where they come from, or One reason for oil and gas being ex- have been produced since August of how they pronounce their last name, is pensive is because emerging economies 2003. entitled to pursue their dream, the such as China and India and others are We are seeing a restructuring of the American dream. On the other side, consuming more and more energy and economy not only in the United States there must be another point of view, thus driving up the price. but globally. Obviously, we know there another America, so to speak, for those We had a chance to do something is going to be some human pain associ- who believe they should pursue their about that by passing an energy bill ated with that. None of us likes, re- political objectives by fearmongering, this year, and we simply have been un- gardless of whether we are Republicans by hand wringing, and increasing the able to do that because of objections on or Democrats or Independent, when anxiety of the American people when it the other side of the aisle. anyone wants to work and they cannot comes to their job security by making We also know one reason companies find a job. Our goal should be to keep fallacious claims about how good the don’t come to America or don’t expand our eye on opportunities for everyone economy really is and the policies that jobs here in America relative to other to live up to their potential, to get a have produced tremendous growth in countries is because of our legal sys- job, to provide for their family. the economy and tremendous oppor- tem. Unfortunately, we have a men- Unfortunately, the antigrowth poli- tunity for people who have previously tality in this country that says frivo- cies pursued by many of our friends on been out of work. lous lawsuits are simply the order of the other side of the aisle in terms of Ultimately, we have to do two the day. We know that the costs of bigger government, greater taxation, things: Continue to do what we have those lawsuits are passed on ultimately more regulation, runaway litigation, done with regard to people who are out to the consumers who pay in effect a have exactly the opposite effect. They of work and provide temporary benefits tort tax. We also know that it affects limit opportunity; they limit jobs; they until they can get back on their feet and get back in the workforce—not a access to health care which is another limit investment. cost that businesses incur when they I have heard the President criticized permanent subsidy for not working but do business in the United States as op- time and time again today and else- provide help for those who are truly posed to other countries. where for his economic policies. But I looking for work, and then we need to We had a chance to pass medical li- remind my colleagues when this Presi- continue to provide educational oppor- ability reform to improve access to dent came into office, we were in a re- tunity to every American. We need to change our frame of mine OB–GYN doctors, emergency room doc- cession. Not only that, a short time when we think about education. When tors, and the like. We had a chance to after he came into office, we had the I was growing up, I somehow got this reduce the paperwork that adds about terrible events of September 11. Osama idea that I would go to school and a quarter of the cost to the health care bin Laden himself said his goal was to graduate from high school and then I expenses incurred by Americans and by establish about $1 trillion of cost to the would go to college and I would ‘‘fin- American businesses when they provide American economy. Indeed, we know ish’’ my education. The truth is, that is health care coverage to their employ- that much of the economy suffered a not what happened. The truth is, it ees. Unfortunately, these policies re- body blow as a result of that tragedy cannot happen in today’s economy and sulted in a large number of people sim- over and above the human loss of life in today’s competitive work environ- ply going without health insurance be- that we suffered on that terrible day. ment. The truth is, we need to change cause of the cost. Then we also know that the birds our frame of mind and commit our- If no one believes what I have said to came home to roost, so to speak, on selves to life-long learning. That is one this point about low taxes being corporate scandals, some of which are reason I appreciate the President’s em- progrowth and being in the best inter- still being prosecuted, that caused a phasis on community colleges, which ests of the American people, and people tremendous loss of public confidence in in many areas of the country are work- who want to work, I think all we would our markets and in businesses, result- ing in conjunction with the private sec- have to do is look at what happened ing again in further economic distress. tor to learn what sort of skills need to after we passed the historic tax relief The truth is, during this administra- be taught to a workforce in order to and growth package in 2003. We know tion the American economy and the get the good high-paying jobs that in June 2003 unemployment rates in American people have had many chal- exist. Indeed, community colleges are this country were at 6.3 percent. lenges. One of those challenges has working closely with the private sector Today, they are 5.4 percent, a .9-per- been the attacks not only on us as to do just that in places such as the centage point difference lower. human beings but on our economy and State of Texas and elsewhere. We remember hearing day after day on the economy’s ability to generate We need to recommit ourselves to discussions about the jobless recovery. new jobs. education because the one area that The fact is, since August 2003, as a di- Despite all the hand wringing, de- America has always surpassed its com- rect result of the progrowth economic spite the naysaying, despite those who petition anywhere in the world has policies of this administration and the would claim there is no hope unless we been in the area of innovation. It is our leadership of this Congress, according get a new President on November 2, the brain power, our spirit, our freedom to the payroll survey, 1.9 million new fact is there is tremendous reason for and opportunity that have made us the jobs have been created in the United hope and, indeed, tremendous reason to envy of the rest of the world. States. believe that it is the policies of this ad- I cringe when I hear my colleagues I heard one of the distinguished Sen- ministration and the leadership in this on the other side of the aisle, or when ators refer earlier to ‘‘we’’ produced body as well as the House of Represent- I hear on the political stump about new jobs. I am sure they did not mean atives that have caused, have created hope being lost, about those people not to suggest that the Federal Govern- the conditions whereby the risk takers, having opportunities anymore, about ment produced the jobs because we the investors, those who create jobs, do the American dream leading to a night- know the Federal Government does not so, and they have done so at remark- mare, because the facts, No. 1, con- produce jobs. More often than not, it is able levels. tradict that; and, No. 2, the only way the burdens imposed by the Govern- I used to be very skeptical of the that America can be defeated in a glob- ment on employers that kill new jobs. speeches I have heard of the Senator al competition is if we defeat ourselves The fact is, if you look at the house- from North Carolina, the Democratic and give up. hold survey—of course, we will get into Party’s nominee for Vice President, It was Professor Harold Laswell who the difference between the payroll sur- who talks about two Americas. Indeed, called politics a fight over who gets

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.076 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11249 what, when, and how. If all we are language about a $15,000 tax credit to twice. That was what the exemption going to talk about in the Senate and employers that would help them main- was about. in Washington, DC, it is about who gets tain their employees who have been So why, in 1986, after 74 years of a what, when, and how, we will be defeat- called up by the National Guard and precedent, was this tax equity abruptly ing ourselves. Indeed, we need to con- Reserve on their payrolls. ended? As I said, I am just pointing out tinue to enact progrowth policies that As the Senator from Maryland has to my colleague, it was actually done will provide opportunity for everyone articulated, another item is the unem- by a Republican Senate, a Republican in this country. If we ever lose sight of ployment benefits that would have administration. I am saying that only our vision as America being the last worked to benefit many Americans because we need to move forward in best hope of freedom-loving people while they can’t find jobs, because jobs correcting these policies, as the pre- around the world, we will have hurt the job growth we have been promised vious speaker said, and work together ourselves and hurt the American peo- has not happened. Unemployment ben- on commonality. ple at the same time. efits are, therefore, something to help The taxpayers from the States that Finally, those in this Senate who keep economic stimulus in our commu- were given this raw deal—I believe be- complain so mightily about lower taxes nities. cause it was a budgetary squeeze, not for individual taxpayers and use class Another is the fact that when we talk based on, I think, really valid prin- warfare to talk about the rich not pay- about community colleges and job cre- ciples—it was a great impact to States ing their fair share, these are the same ation, we really are not keeping pace such as mine, which has just over 60 people in many instances who voted for with the training and retraining dol- percent of our State revenue coming this tax cut for corporations that man- lars from the previous years’ budgets from sales tax—about 61-point-three ufacture goods. to actually help make this transition. percent. So for us, that is a huge im- I think their vote today was right. I I would just point out that while we pact. When you are asking constituents think their rhetoric, when they talk are having this discussion today about not to be taxed twice by what they about the President’s policies and tax where we go further with the policy, it paid to the State and what they pay to relief being wrong, is wrong, because it is a fact that this side of the aisle defi- the Federal Government, not being is higher taxes, more regulation, out- nitely believes in investing in the able to deduct that was an inequity in of-control litigation, and a burdensome human infrastructure, not just in the our tax laws. We know that for Wash- regulatory environment that are hurt- corporate side of the equation but in ington State this could mean as much ing America’s ability to compete in the individuals, for unemployment, for job as $421 million that would be saved by taxpayers. I am sure the number is global economy and are hurting the op- training, for our National Guard, for higher in many other States around portunity for American employers, in- people who need the help and support the country. cluding small businesses, to create to continue to do their jobs. But let me address, if I may, the key But it also means job creation. The those new jobs. Economic and Revenue Forecast Coun- Indeed, I think any fair observer issue I wanted to talk about; which is, cil in our State says that it would cre- would conclude that it is the policies of the issue of tax fairness. It is ironic. ate as much as 2,000 to 3,000 jobs, and it this administration and this Congress My colleague talked about this side of would be about a 50-cent stimulus for the aisle and tax fairness, the two that have created greater opportunity. every $1 spent in Washington State. So issues about which I am going to talk. I do not believe we should give in to for an economy that has been hard hit the hand wringing, to the anxiety-pro- The first one was actually imple- mented under a Republican administra- by this recession and continues to have voking rhetoric, or, indeed, the one of the highest unemployment rates fearmongering that happens way too tion and a Republican Senate. That was in 1986, not allowing the State of in the nation, this is the kind of tax often in our political discourse because policy we think helps us grow our econ- Washington and six other States in the the facts point to the fact America is omy and create jobs. Union to be able to deduct their state still and—as long as we retain our com- But the bottom line is that after this mitment to progrowth policies—will and local sales taxes in lieu of state period of time, after 18 years, Wash- continue to be the last best hope of the and local income taxes from their Fed- ington State is finally—instead of get- world. eral income tax. ting a raw deal—going to get a fair Now, since I have been in the Senate, Madam President, I yield the floor. deal, in the fact that residents are since 2001, I have worked to make the The PRESIDING OFFICER. Under going to be able to deduct their sales the previous order, the Senator from deduction of state and local sales taxes tax from their Federal income tax obli- Washington has 8 minutes. from their federal tax liability perma- gation. So I think that is the kind of Ms. CANTWELL. Madam President, I nent for my constituents. When I en- job-creation stimulus and fairness we rise today to address the legislation we tered the Senate, I first worked with need to be focusing on as we look at passed earlier, but I say to the Senator the Senator from Tennessee, Mr. these tough choices. from Texas, it has been a pleasure Thompson, who had introduced legisla- Another issue that is bringing tax working with him and the senior Sen- tion, and then later with Senator KAY fairness to our State and to many ator from Texas on issues that we are BAILEY HUTCHISON from Texas with other rural parts of our country is an going to talk about, the sales tax de- whom together we have introduced leg- issue that Senator CRAIG THOMAS and I duction for individual States. islation in the 108th Congress to re- worked on, the National Health Service But I also say that I know this side of institute the state sales tax deduction. Corps Loan Repayment Program. That the aisle very much believes in pro job- Washington and Texas have known a also was passed this afternoon as part creation activities. As somebody who long time that we needed to restore tax of this legislation. has been in the private sector and seen fairness to the people of these States. What this bill did was to focus on the the job creation that can happen in the And while we have passed, this after- fact we are trying to get and continue private sector, no, I do not believe Gov- noon, legislation that restores that to push rural health care needs. ernment creates jobs, but I do believe fairness temporarily for the next 2 We have a deficit in some parts of our Government has an investment strat- years, we need to continue to work to country in getting doctors into rural egy, that we are a partner with the pri- make it a permanent resolution for communities. We have had a great pro- vate sector; and a good investment people in those States. gram on the books for a number of strategy then allows for capital to flow Restoring that sales tax deduction years. I am proud that a previous Sen- to people who need it most. will help strengthen our economy. ator from our State, Warren Magnuson, I guess I would say that this bill is What people do not realize is that when actually created the National Health not the perfect solution, and not what the 16th amendment to our U.S. Con- Service Corps Program. What it did 51 Members on this side of the aisle stitution was ratified, in 1913, it said was, it said to physicians, if you will go would have drafted, as there are cer- you could make the way for a Federal practice in rural communities, we will tainly things that have been over- income tax, and Congress allowed tax- either give you a scholarship for doing looked. I think we have heard about payers to deduct State and local taxes that or we will give you loan repay- them, including Senator LANDRIEU’s so that income would not be taxed ment assistance.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.078 S11PT1 S11250 CONGRESSIONAL RECORD — SENATE October 11, 2004 Well, I can tell you, in talking to economy does better when other econo- battled on the floor of this Congress physicians throughout my State, the mies are doing well, and when other and passed, a substantial tax cut that cost of repaying those loans can start economies are doing poorly, our econ- was designed to revive the economy, off a career in hundreds of thousands of omy tends to be dragged down. which was in trouble and was costing dollars of debt. Somewhere along the The American economy is also im- people jobs, making people worried. process we ended up taxing the Na- pacted by business factors, by psycho- The stock market had gone down. It tional Health Service Corps scholarship logical factors, and by governmental was a nervous time for all of us. We re- and loan money to these physicians, as factors that impact jobs and growth. If member that. the IRS saw the payments as taxable the President could snap his fingers President Bush led. And look what income. In fact, later Congress real- and make everything happen right, we happened. As the chart shows, in the ized: Well, that was not such a great would never have any problems. But we wake of his actions the economy starts idea of taxing, so we will give more know the President cannot do such a coming back. When we had the second money to the National Health Service thing. We know we need to be careful tax cut that took place in 2003, in June, Corps to pay for those taxes and then about placing blame and credit. the middle of the year 2003—and this tax that money on top of it. We ended I would like to show this chart. chart only goes through 2003—we ended up paying 40 percent of the program in These are the years beginning in 1995 up with 8 percent growth during the taxes instead of creating the oppor- going into 2003. We had good years third quarter of that year. Eight per- tunity for those physicians. So this through the 1990s. cent growth in that quarter is the high- program will help get about 67 percent The chart shows these undisputed est growth rate we have seen in 20 facts. Former President Bush suffered more physicians into rural health care years. The fourth quarter was also an economic slowdown in the second in America. about 4 percent. The first quarter of The last thing I would like to say is year or so of his administration and it this year was 4.5 percent growth. The that as we continue to move through resulted in the phrase: It’s the econ- next quarter was 3 percent growth. So omy, stupid. But the truth is, the na- the rest of how we finish up this year, we have been blessed to see that this tion’s economy began to rebound sig- we want to continue to give an oppor- recession is one of the shortest reces- nificantly before former President tunity to make sure the National sions in history. It is something for Bush’s term was finished. In fact, dur- Guard and Reserve men and women in which we ought to be thankful. ing his last year in office, he got little our country are well taken care of. I Mr. SARBANES. Will the Senator or no credit for the rebounding econ- am proud the Senate passed back to yield for a question? omy because he had been tagged by his Mr. SESSIONS. I am pleased to try the House a bill that also included Sen- political opponents for causing an eco- to answer a question. I know how ator LANDRIEU’s language about help- nomic slowdown earlier. The fact is knowledgeable the Senator is in these ing the National Guard. that this characterization was inac- areas. Washington State is a State that is curate, and that there was pretty solid Mr. SARBANES. If the Senator’s greatly impacted, and we certainly economic growth during this time. chart continued out into this year—I need to help and support taking care of President Clinton, I submit, inher- take it the chart stops in 2003? our National Guard. ited a growing economy from former Mr. SESSIONS. I found that in my I yield the floor. President Bush. That is just a matter office a few moments ago. The first The PRESIDING OFFICER. The Sen- of fact. And it grew well through the quarter was 4.5 percent. ator from Alabama. 1990s. We had low quarters and good Mr. SARBANES. If it continued out f quarters, but overall the economy into this year, it would show a descend- THE ECONOMY showed strength during this period. ing line, would it not? In President Clinton’s last year in of- Mr. SESSIONS. It would show the Mr. SESSIONS. Madam President, I fice, however, things began to sour. By first three quarters of this year would want to share a few thoughts about the the time he had left office, the Nasdaq, average higher than the last 20 years of status of the economy. As we finish up the high tech stock market, had lost growth in America. this session, everybody has a lot of dif- one half of its value. During the third Mr. SARBANES. I want to focus ferent views, and we are in a political quarter, of President Clinton’s last on—— season. I think it is good to talk about year in office, the economy experienced Mr. SESSIONS. It would show a de- it and discuss the issue and see what negative growth, though there was cline from probably 4.5 percent to 3 the facts are, and let the American growth in the fourth quarter of his last percent growth. people make up their own mind about year in office. Mr. SARBANES. That is all I wanted what the circumstances are that face But the first quarter that President to hear. our country. Bush inherited, in which the dynamics Mr. SESSIONS. You are not going to One thing that I think is important in the economy were already set, and stay up there at 4.5 forever. But I think for all of us to remember is that with- upon which he cannot be fairly said to the numbers look pretty good. And we out economic growth we will not create have influenced, the economy suffered did it by investing and putting our jobs. further negative growth. The second faith in the private sector to create When we are in an economic situa- quarter that President Bush inherited jobs and growth. It is pretty exciting. tion in which we do not have growth, also experienced negative growth. The We don’t know how the economy will then we are not going to have jobs cre- third quarter was 9/11, with its negative go. President Bush, as I said, is not a ated. We may not lose those jobs imme- impact on the economy. That is what magician. He can’t make things happen diately, but as growth lags, the number President Bush faced when he took of- by waving a magic wand. Any of us who of jobs will fall as well. As growth goes fice. Yes, we had some great years in have been around here long enough up, jobs will be created. Jobs, as the the 1990s, but he inherited an economy know that. You get blame and you get economists say, tend to lag behind that was in trouble, and I submit that credit. Sometimes it is not the Presi- growth, but they follow growth. When fact is not disputable. dent’s fault, sometimes it may be the economic growth is declining, the num- He had to make some choices. Are we Congress’s fault. Sometimes it may be ber of available jobs will decline. When going to take the liberal idea, the big factors beyond any of our control, his- economic growth is going up, the num- Government, the tax-and-spend idea toric factors. ber of available jobs also will be going that we were going to get out of an Because we have had substantial pro- up. economic slowdown, a recession, by in- ductivity increases, which means we Growth in the American economy is creasing taxes and by increasing the can produce more widgets for less in- affected by many different things. The size of Government, or are we going to vestment and often fewer workers, that economy can be affected by world place our faith and hope in the inge- has made us competitive and helped events, or by the strength of the econ- nuity, the creativity, the work capa- our economy, but it has also placed omy in other nations. Generally, we bility, of the American people? stresses on job production. We have are not threatened by strong econo- President Bush placed his faith in the had particularly noticeable produc- mies in other parts of the world. Our American people. He fought for, and we tivity increases in manufacturing. As a

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.091 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11251 matter of fact, the whole world is see- ment with high taxes. It has made it A bill (H.R. 4471) to clarify the loan guar- ing a decline in manufacturing jobs be- difficult for them to be competitive in antee authority under title VI of the Native cause plants can produce more prod- the world marketplace. Why would we American Housing Assistance and Self-De- ucts with fewer people at less cost. ever want to emulate that? Why would termination Act of 1996. Since August of 2003, we have had 1.9 we ever want to go to the socialist Eu- There being no objection, the Senate million new jobs created. But signifi- ropean ideal? Why would we not want proceeded to consider the bill. cantly, in the year 2004, we have had to affirm the direction that President Mr. SESSIONS. Madam President, I ask unanimous consent that the bill be 97,000 new manufacturing jobs created. Bush is leading us? read the third time and passed, the mo- That is good. That is something we I think Congress is working in order tion to reconsider be laid upon the ought to be pleased about. Let me note to follow the American ideal of free- table, with no intervening action or de- that the unemployment rate has fallen dom and independence, low taxes, and bate, and that any statements relating to 5.4 percent. It was 6.3 percent last limited regulations. to this measure be printed in the June. It is now 5.4 percent, which is f lower than the average unemployment RECORD. The PRESIDING OFFICER. Without rate for the 1970s, 1980s, or the 1990s. HOME OWNERSHIP OPPORTUNI- The gross domestic product—the net TIES FOR NATIVE AMERICANS objection, it is so ordered. The bill (H.R. 4471) was read the third production of goods and services in ACT OF 2004 time, and passed. America—has grown for 11 straight Mr. SESSIONS. Madam President, I quarters. So we have gotten out of this ask unanimous consent that the Com- f negative growth pattern left to Presi- mittee on Indian Affairs be discharged UNACCOMPANIED ALIEN CHILD dent Bush by former President Clinton, from further consideration of S. 2571, PROTECTION ACT OF 2004 and we have had 11 straight quarters of and that the Senate proceed to its im- Mr. SESSIONS. Madam President, I growth. mediate consideration. ask unanimous consent that the Sen- I think a factor in that was the The PRESIDING OFFICER. The ate proceed to the immediate consider- President’s leadership, for which I am clerk will state the bill by title. ation of calendar No. 541, S. 1129. very grateful. Some have said that job The assistant legislative clerk read The PRESIDING OFFICER. The growth has failed to keep up with popu- as follows: clerk will state the bill by title. lation growth. But that is not true. As A bill (S. 2571) to clarify the loan guar- The assistant legislative clerk read the Joint Economic Committee, of antee authority under title VI of the Native as follows: which I am a member, reported: Since American Housing Assistance and Self-De- A bill (S. 1129) to provide for the protection the unemployment rate peaked at 6.3 termination Act of 1996. of unaccompanied alien children, and for percent last June, total employment There being no objection, the Senate other purposes. has increased by 2.2 million. The labor proceeded to consider the bill. There being no objection, the Senate force has increased by 949,000. Mr. SESSIONS. Madam President, I proceeded to consider the bill, which That means there are 949,000 more ask unanimous consent that the bill be had been reported from the Committee workers. Unemployment has fallen by read the third time and passed, the mo- on the Judiciary, with an amendment 1.2 million. Due to the large increase in tion to reconsider be laid upon the to strike all after the enacting clause employment and the large decrease in table, with no intervening action or de- and insert in lieu thereof the following: unemployment, unemployment has bate, and that any statements relating (Strike the part shown in black fallen significantly despite population to this measure be printed in the brackets and insert the part shown in growth. RECORD. italic.) I think Senator CORNYN is correct in The PRESIDING OFFICER. Without S. 1129 saying that there exists in our country objection, it is so ordered. Be it enacted by the Senate and House of Rep- today a larger than normal number of The bill (S. 2571) was read the third resentatives of the United States of America in people who are working out of their time and passed, as follows: Congress assembled, øSECTION 1. SHORT TITLE; TABLE OF CONTENTS. homes, working as independent con- S. 2571 tractors, as consultants, as truck driv- ø(a) SHORT TITLE.—This Act may be cited Be it enacted by the Senate and House of Rep- ers, and other things, who don’t show as the ‘‘Unaccompanied Alien Child Protec- resentatives of the United States of America in tion Act of 2003’’. up on a classic payroll. The statistics Congress assembled, ø(b) TABLE OF CONTENTS.—The table of con- from the household survey that pick up SECTION 1. SHORT TITLE. tents for this Act is as follows: that form of employment have been This Act may be cited as the ‘‘Homeowner- øSec. 1. Short title; table of contents. looking much better than the payroll ship Opportunities for Native Americans Act øSec. 2. Definitions. survey for some time. The payroll sur- of 2004’’. øTITLE I—CUSTODY, RELEASE, FAMILY vey is a valuable survey, but the house- SEC. 2. FEDERAL GUARANTEES FOR FINANCING REUNIFICATION, AND DETENTION hold survey is valuable, too. The em- FOR TRIBAL HOUSING ACTIVITIES. øSec. 101. Procedures when encountering un- phasis in complaining about President Section 601 of the Native American Hous- accompanied alien children. Bush’s leadership does ignore, consist- ing Assistance and Self-Determination Act øSec. 102. Family reunification for unaccom- ently, and without variation, the more of 1996 (25 U.S.C. 4191) is amended by adding panied alien children with rel- at the end the following: atives in the United States. positive numbers that show up in the ‘‘(d) LIMITATION ON PERCENTAGE.—A guar- øSec. 103. Appropriate conditions for deten- household survey. antee made under this title shall guarantee tion of unaccompanied alien I think President Bush and this Con- repayment of 95 percent of the unpaid prin- children. gress have dealt with a very difficult cipal and interest due on the notes or other øSec. 104. Repatriated unaccompanied alien problem—this economic slowdown. We obligations guaranteed.’’. children. ø did it in a way that is consistent with Sec. 105. Establishing the age of an unac- f companied alien child. America’s heritage and American val- ø HOME OWNERSHIP OPPORTUNI- Sec. 106. Effective date. ues. As Americans, we are not a people øTITLE II—ACCESS BY UNACCOMPANIED who embrace a socialist, state-run TIES FOR NATIVE AMERICANS ACT OF 2004 ALIEN CHILDREN TO GUARDIANS AD economy. We are a vital, vibrant, inno- LITEM AND COUNSEL vative, creative people, and this allows Mr. SESSIONS. Madam President, I øSec. 201. Guardians ad litem. our economy, because we have no gov- ask unanimous consent that the Com- øSec. 202. Counsel. ernmental domination of it, to flourish mittee on Indian Affairs be discharged øSec. 203. Effective date; applicability. and reach its highest possible ideals. from further consideration of H.R. 4471, øTITLE III—STRENGTHENING POLICIES That is why the Europeans, in my and that the Senate proceed to its im- FOR PERMANENT PROTECTION OF ALIEN CHILDREN view, are not doing as well. Germany mediate consideration. øSec. 301. Special immigrant juvenile visa. and France have double-digit unem- The PRESIDING OFFICER. The øSec. 302. Training for officials and certain ployment of 10, 11, 12 percent, because clerk will state the bill by title. private parties who come into they have a state-run, state-domi- The assistant legislative clerk read contact with unaccompanied nated, regulated, bureaucratic govern- as follows: alien children.

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øSec. 303. Report. øTITLE I—CUSTODY, RELEASE, FAMILY ø(C) EXCEPTION FOR CHILDREN WHO THREAT- øSec. 304. Effective date. REUNIFICATION, AND DETENTION EN NATIONAL SECURITY.—Notwithstanding øTITLE IV—CHILDREN REFUGEE AND øSEC. 101. PROCEDURES WHEN ENCOUNTERING subparagraph (A), the Directorate shall re- ASYLUM SEEKERS UNACCOMPANIED ALIEN CHILDREN. tain or assume the custody and care of an øSec. 401. Guidelines for children’s asylum ø(a) UNACCOMPANIED CHILDREN FOUND unaccompanied alien child if the Secretary claims. ALONG THE UNITED STATES BORDER OR AT has substantial evidence, based on an indi- øSec. 402. Unaccompanied refugee children. UNITED STATES PORTS OF ENTRY.— vidualized determination, that such child ø Sec. 403. Exceptions for unaccompanied ø(1) IN GENERAL.—Subject to paragraph (2), could personally endanger the national secu- alien children in asylum and if an immigration officer finds an unaccom- rity of the United States. refugee-like circumstances. panied alien child who is described in para- ø(D) TRAFFICKING VICTIMS.—For purposes of øTITLE V—AUTHORIZATION OF graph (2) at a land border or port of entry of section 462 of the Homeland Security Act of APPROPRIATIONS the United States and determines that such 2002 (6 U.S.C. 279) and this Act, an unaccom- øSec. 501. Authorization of appropriations. child is inadmissible under the Immigration panied alien child who is eligible for services øTITLE VI—AMENDMENTS TO THE and Nationality Act (8 U.S.C. 1101 et seq.), authorized under the Victims of Trafficking HOMELAND SECURITY ACT OF 2002 the officer shall— and Violence Protection Act of 2000 (Public ø ø(A) permit such child to withdraw the Law 106–386), shall be considered to be in the Sec. 601. Additional responsibilities and custody of the Office. powers of the Office of Refugee child’s application for admission pursuant to ø(2) NOTIFICATION.— Resettlement with respect to section 235(a)(4) of the Immigration and Na- ø(A) IN GENERAL.—The Secretary shall unaccompanied alien children. tionality Act (8 U.S.C. 1225(a)(4)); and ø ø(B) return such child to the child’s coun- promptly notify the Office upon— Sec. 602. Technical corrections. ø øSec. 603. Effective date. try of nationality or country of last habitual (i) the apprehension of an unaccompanied alien child; øSEC. 2. DEFINITIONS. residence. ø(ii) the discovery that an alien in the cus- ø(a) IN GENERAL.—In this Act: ø(2) SPECIAL RULE FOR CONTIGUOUS COUN- tody of the Directorate is an unaccompanied ø(1) COMPETENT.—The term ‘‘competent’’, TRIES.— in reference to counsel, means an attorney ø(A) IN GENERAL.—Any child who is a na- alien child; ø who complies with the duties set forth in tional or habitual resident of a country that (iii) any claim by an alien in the custody this Act and— is contiguous with the United States and of the Directorate that such alien is under ø(A) is a member in good standing of the that has an agreement in writing with the the age of 18; or ø bar of the highest court of any State, posses- United States providing for the safe return (iv) any suspicion that an alien in the cus- sion, territory, Commonwealth, or the Dis- and orderly repatriation of unaccompanied tody of the Directorate who has claimed to trict of Columbia; alien children who are nationals or habitual be over the age of 18 is actually under the ø(B) is not under any order of any court residents of such country shall be treated in age of 18. suspending, enjoining, restraining, disbar- accordance with paragraph (1), unless a de- ø(B) SPECIAL RULE.—In the case of an alien ring, or otherwise restricting the attorney in termination is made on a case-by-case basis described in clause (iii) or (iv) of subpara- the practice of law; and that— graph (A), the Director shall make an age de- ø(C) is properly qualified to handle matters ø(i) such child is a national or habitual termination in accordance with section 105 involving unaccompanied immigrant chil- resident of a country described in subpara- and take whatever other steps are necessary dren or is working under the auspices of a graph (A); to determine whether or not such alien is eli- qualified nonprofit organization that is expe- ø(ii) such child has a fear of returning to gible for treatment under section 462 of the rienced in handling such matters. the child’s country of nationality or country Homeland Security Act of 2002 (6 U.S.C. 279) ø(2) DIRECTOR.—The term ‘‘Director’’ of last habitual residence owing to a fear of or this Act. means the Director of the Office. persecution; ø(3) TRANSFER OF UNACCOMPANIED ALIEN ø(3) DIRECTORATE.—The term ‘‘Direc- ø(iii) the return of such child to the child’s CHILDREN.— torate’’ means the Directorate of Border and country of nationality or country of last ha- ø(A) TRANSFER TO THE OFFICE.—The care Transportation Security established by sec- bitual residence would endanger the life or and custody of an unaccompanied alien child tion 401 of the Homeland Security Act of 2002 safety of such child; or shall be transferred to the Office— (6 U.S.C. 201). ø(iv) the child cannot make an independent ø(i) in the case of a child not described in ø(4) OFFICE.—The term ‘‘Office’’ means the decision to withdraw the child’s application subparagraph (B) or (C) of paragraph (1), not Office of Refugee Resettlement as estab- for admission due to age or other lack of ca- later than 72 hours after the apprehension of lished by section 411 of the Immigration and pacity. such child; or ø Nationality Act (8 U.S.C. 1521). ø(B) RIGHT OF CONSULTATION.—Any child (ii) in the case of a child whose custody ø(5) SECRETARY.—The term ‘‘Secretary’’ described in subparagraph (A) shall have the and care has been retained or assumed by the means the Secretary of Homeland Security. right to consult with a consular officer from Directorate pursuant to subparagraph (B) or ø(6) UNACCOMPANIED ALIEN CHILD.—The the child’s country of nationality or country (C) of paragraph (1), immediately following a term ‘‘unaccompanied alien child’’ has the of last habitual residence prior to repatri- determination that the child no longer meets same meaning as is given the term in section ation, as well as consult with the Office, the description set forth in such subpara- 462(g)(2) of the Homeland Security Act of telephonically, and such child shall be in- graphs. 2002 (6 U.S.C. 279(g)(2)). formed of that right in the child’s native lan- ø(B) TRANSFER TO THE DIRECTORATE.—Upon ø(7) VOLUNTARY AGENCY.—The term ‘‘vol- guage. determining that a child in the custody of untary agency’’ means a private, nonprofit ø(3) RULE FOR APPREHENSIONS AT THE BOR- the Office is described in subparagraph (B) or voluntary agency with expertise in meeting DER.—The custody of unaccompanied alien (C) of paragraph (1), the Director shall the cultural, developmental, or psycho- children not described in paragraph (2) who promptly make arrangements to transfer the logical needs of unaccompanied alien chil- are apprehended at the border of the United care and custody of such child to the Direc- dren, as certified by the Director of the Of- States or at a United States port of entry torate. fice of Refugee Resettlement. shall be treated in accordance with the pro- ø(c) AGE DETERMINATIONS.—In any case in ø(b) AMENDMENTS TO THE IMMIGRATION AND visions of subsection (b). which the age of an alien is in question and NATIONALITY ACT.—Section 101(a) of the Im- ø(b) CARE AND CUSTODY OF UNACCOMPANIED the resolution of questions about the age of migration and Nationality Act (8 U.S.C. ALIEN CHILDREN FOUND IN THE INTERIOR OF such alien would affect the alien’s eligibility 1101(a)) is amended by adding at the end the THE UNITED STATES.— for treatment under section 462 of the Home- following: ø land Security Act of 2002 (6 U.S.C. 279) or this ø‘‘(51) The term ‘unaccompanied alien (1) ESTABLISHMENT OF JURISDICTION.— ø Act, a determination of whether or not such child’ means a child who— (A) IN GENERAL.—Except as otherwise pro- alien meets the age requirements for treat- ø‘‘(A) has no lawful immigration status in vided under subparagraphs (B) and (C) and ment under this Act shall be made by the Di- the United States; subsection (a), the care and custody of all ø‘‘(B) has not attained the age of 18; and unaccompanied alien children, including re- rector in accordance with section 105. ø‘‘(C) with respect to whom— sponsibility for their detention, where appro- øSEC. 102. FAMILY REUNIFICATION FOR UNAC- ø‘‘(i) there is no parent or legal guardian in priate, shall be under the jurisdiction of the COMPANIED ALIEN CHILDREN WITH the United States; or Office. RELATIVES IN THE UNITED STATES. ø‘‘(ii) no parent or legal guardian in the ø(B) EXCEPTION FOR CHILDREN WHO HAVE ø(a) PLACEMENT AUTHORITY.— United States is able to provide care and COMMITTED CRIMES.—Notwithstanding sub- ø(1) ORDER OF PREFERENCE.—Subject to the physical custody. paragraph (A), the Directorate shall retain discretion of the Director under paragraph ø‘‘(52) The term ‘unaccompanied refugee or assume the custody and care of any unac- (4) and section 103(a)(2), an unaccompanied children’ means persons described in para- companied alien child who— alien child in the custody of the Office shall graph (42) who— ø(i) has been charged with any felony, ex- be promptly placed with 1 of the following ø‘‘(A) have not attained the age of 18; and cluding offenses proscribed by the Immigra- individuals or entities in the following order ø‘‘(B) with respect to whom there are no tion and Nationality Act (8 U.S.C. 1101 et of preference: parents or legal guardians available to pro- seq.), while such charges are pending; or ø(A) A parent who seeks to establish cus- vide care and physical custody.’’. ø(ii) has been convicted of any such felony. tody, as described in paragraph (3)(A).

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.058 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11253 ø(B) A legal guardian who seeks to estab- sure, suspension, or disbarment of the attor- øSEC. 104. REPATRIATED UNACCOMPANIED lish custody, as described in paragraph ney from the practice of law. ALIEN CHILDREN. ø (3)(A). (5) GRANTS AND CONTRACTS.—Subject to ø(a) COUNTRY CONDITIONS.— ø(C) An adult relative. the availability of appropriations, the Direc- ø(1) SENSE OF CONGRESS.—It is the sense of ø(D) An entity designated by the parent or tor may make grants to, and enter into con- Congress that, to the extent consistent with legal guardian that is capable and willing to tracts with, voluntary agencies to carry out the treaties and other international agree- care for the well-being of the child. section 462 of the Homeland Security Act of ments to which the United States is a party, ø(E) A State-licensed juvenile shelter, 2002 (6 U.S.C. 279) or to carry out this sec- and to the extent practicable, the United group home, or foster care program willing tion. States Government should undertake efforts to accept physical custody of the child. ø(6) REIMBURSEMENT OF STATE EXPENSES.— to ensure that it does not repatriate children ø(F) A qualified adult or entity seeking Subject to the availability of appropriations, in its custody into settings that would custody of the child when it appears that the Director may reimburse States for any threaten the life and safety of such children. there is no other likely alternative to long- expenses they incur in providing assistance ø(2) ASSESSMENT OF CONDITIONS.— term detention and family reunification does to unaccompanied alien children who are ø(A) IN GENERAL.—The Secretary of State not appear to be a reasonable alternative. served pursuant to section 462 of the Home- shall include each year in the State Depart- For purposes of this subparagraph, the quali- land Security Act of 2002 (6 U.S.C. 279) or this ment Country Report on Human Rights, an fication of the adult or entity shall be de- Act. assessment of the degree to which each coun- ø cided by the Office. (b) CONFIDENTIALITY.—All information ob- try protects children from smugglers and ø(2) SUITABILITY ASSESSMENT.—Notwith- tained by the Office relating to the immigra- traffickers. tion status of a person described in sub- standing paragraph (1), no unaccompanied ø(B) FACTORS FOR ASSESSMENT.—The Office alien child shall be placed with a person or section (a) shall remain confidential and shall consult the State Department Country may be used only for the purposes of deter- entity unless a valid suitability assessment Report on Human Rights and the Victims of mining such person’s qualifications under conducted by an agency of the State of the Trafficking and Violence Protection Act of subsection (a)(1). child’s proposed residence, by an agency au- 2000: Trafficking in Persons Report in assess- ø thorized by that State to conduct such an as- SEC. 103. APPROPRIATE CONDITIONS FOR DE- ing whether to repatriate an unaccompanied TENTION OF UNACCOMPANIED sessment, or by an appropriate voluntary ALIEN CHILDREN. alien child to a particular country. agency contracted with the Office to conduct ø(a) STANDARDS FOR PLACEMENT.— ø(b) REPORT ON REPATRIATION OF UNACCOM- such assessments has found that the person ø(1) PROHIBITION OF DETENTION IN CERTAIN PANIED ALIEN CHILDREN.— or entity is capable of providing for the FACILITIES.—Except as provided in paragraph ø(1) IN GENERAL.—Not later than 18 months child’s physical and mental well-being. (2), an unaccompanied alien child shall not after the date of enactment of this Act, and ø (3) RIGHT OF PARENT OR LEGAL GUARDIAN be placed in an adult detention facility or a annually thereafter, the Director shall sub- TO CUSTODY OF UNACCOMPANIED ALIEN CHILD.— facility housing delinquent children. mit a report to the Committees on the Judi- ø (A) PLACEMENT WITH PARENT OR LEGAL ø(2) DETENTION IN APPROPRIATE FACILI- ciary of the House of Representatives and GUARDIAN.—If an unaccompanied alien child TIES.—An unaccompanied alien child who has the Senate on efforts to repatriate unaccom- is placed with any person or entity other exhibited a violent or criminal behavior that panied alien children. than a parent or legal guardian, but subse- endangers others may be detained in condi- ø(2) CONTENTS.—The report submitted quent to that placement a parent or legal tions appropriate to the behavior in a facil- under paragraph (1) shall include, at a min- guardian seeks to establish custody, the Di- ity appropriate for delinquent children. imum, the following information: rector shall assess the suitability of placing ø(3) STATE LICENSURE.—In the case of a ø(A) The number of unaccompanied alien the child with the parent or legal guardian placement of a child with an entity described children ordered removed and the number of and shall make a written determination on in section 102(a)(1)(E), the entity must be li- such children actually removed from the the child’s placement within 30 days. censed by an appropriate State agency to United States. ø (B) RULE OF CONSTRUCTION.—Nothing in provide residential, group, child welfare, or ø(B) A description of the type of immigra- this Act shall be construed to— foster care services for dependent children. tion relief sought and denied to such chil- ø (i) supersede obligations under any treaty ø(4) CONDITIONS OF DETENTION.— dren. or other international agreement to which ø(A) IN GENERAL.—The Director shall pro- ø(C) A statement of the nationalities, ages, the United States is a party, including The mulgate regulations incorporating standards and gender of such children. Hague Convention on the Civil Aspects of for conditions of detention in such place- ø(D) A description of the procedures used International Child Abduction, the Vienna ments that provide for— to effect the removal of such children from Declaration and Program of Action, and the ø(i) educational services appropriate to the the United States. Declaration of the Rights of the Child; or child; ø(E) A description of steps taken to ensure ø (ii) limit any right or remedy under such ø(ii) medical care; that such children were safely and humanely international agreement. ø(iii) mental health care, including treat- repatriated to their country of origin. ø (4) PROTECTION FROM SMUGGLERS AND ment of trauma, physical and sexual vio- ø(F) Any information gathered in assess- TRAFFICKERS.— lence, or abuse; ments of country and local conditions pursu- ø (A) POLICIES AND PROGRAMS.— ø(iv) access to telephones; ant to subsection (a)(2). ø (i) IN GENERAL.—The Director shall estab- ø(v) access to legal services; ø lish policies and programs to ensure that un- ø(vi) access to interpreters; SEC. 105. ESTABLISHING THE AGE OF AN UNAC- COMPANIED ALIEN CHILD. accompanied alien children are protected ø(vii) supervision by professionals trained from smugglers, traffickers, or other persons in the care of children, taking into account ø(a) IN GENERAL.—The Director shall de- seeking to victimize or otherwise engage the special cultural, linguistic, and experien- velop procedures to determine the age of an such children in criminal, harmful, or ex- tial needs of children in immigration pro- alien in the custody of the Department of ploitative activity. ceedings; Homeland Security or the Office, when the ø (ii) WITNESS PROTECTION PROGRAMS IN- ø(viii) recreational programs and activi- age of the alien is at issue. Such procedures CLUDED.—The programs established pursuant ties; shall permit the presentation of multiple to clause (i) may include witness protection ø(ix) spiritual and religious needs; and forms of evidence, including testimony of programs. ø(x) dietary needs. the child, to determine the age of the unac- ø (B) CRIMINAL INVESTIGATIONS AND PROS- ø(B) NOTIFICATION OF CHILDREN.—Regula- companied alien for purposes of placement, ECUTIONS.—Any officer or employee of the tions promulgated in accordance with sub- custody, parole, and detention. Such proce- Office or the Department of Homeland Secu- paragraph (A) shall provide that all children dures shall allow the appeal of a determina- rity, and any grantee or contractor of the Of- are notified orally and in writing of such tion to an immigration judge. fice, who suspects any individual of being in- standards in the child’s native language. ø(b) PROHIBITION ON SOLE MEANS OF DETER- volved in any activity described in subpara- ø(b) PROHIBITION OF CERTAIN PRACTICES.— MINING AGE.—Neither radiographs nor the at- graph (A) shall report such individual to The Director and the Secretary shall develop Federal or State prosecutors for criminal in- testation of an alien shall be used as the sole procedures prohibiting the unreasonable use means of determining age for the purposes of vestigation and prosecution. of— determining an alien’s eligibility for treat- ø(C) DISCIPLINARY ACTION.—Any officer or ø(1) shackling, handcuffing, or other re- ment under section 462 of the Homeland Se- employee of the Office or the Department of straints on children; curity Act of 2002 (6 U.S.C. 279) or this Act. Homeland Security, and any grantee or con- ø(2) solitary confinement; or tractor of the Office, who suspects an attor- ø(3) pat or strip searches. ø(c) RULE OF CONSTRUCTION.—Nothing in ney of being involved in any activity de- ø(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to place the scribed in subparagraph (A) shall report the this section shall be construed to supersede burden of proof in determining the age of an individual to the State bar association of procedures favoring release of children to ap- alien on the government. which the attorney is a member, or to other propriate adults or entities or placement in øSEC. 106. EFFECTIVE DATE. appropriate disciplinary authorities, for ap- the least secure setting possible, as defined propriate disciplinary action that may in- in the Stipulated Settlement Agreement øThis title shall take effect 90 days after clude private or public admonition or cen- under Flores v. Reno. the date of enactment of this Act.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.058 S11PT1 S11254 CONGRESSIONAL RECORD — SENATE October 11, 2004 øTITLE II—ACCESS BY UNACCOMPANIED ceedings that are not deemed privileged or for such child at the expense of the Govern- ALIEN CHILDREN TO GUARDIANS AD classified; ment. LITEM AND COUNSEL ø(C) may seek independent evaluations of ø(B) LIMITATION ON ATTORNEY FEES.—Coun- øSEC. 201. GUARDIANS AD LITEM. the child; sel appointed under subparagraph (A) shall ø(a) ESTABLISHMENT OF GUARDIAN AD LITEM ø(D) shall be notified in advance of all not be compensated at a rate in excess of the PROGRAM.— hearings or interviews involving the child rate provided under section 3006A of title 18, ø(1) APPOINTMENT.—The Director may, in that are held in connection with proceedings United States Code. the Director’s discretion, appoint a guardian or matters under the Immigration and Na- ø(C) AVAILABILITY OF FUNDING.—In carrying ad litem who meets the qualifications de- tionality Act (8 U.S.C. 1101 et seq.), and shall out this paragraph, the Director may make scribed in paragraph (2) for such child. The be given a reasonable opportunity to be use of funds derived from any source des- Director is encouraged, wherever prac- present at such hearings or interviews; ignated by the Secretary of Health and ticable, to contract with a voluntary agency ø(E) shall be permitted to consult with the Human Services from discretionary funds for the selection of an individual to be ap- child during any hearing or interview involv- available to the Department of Health and pointed as a guardian ad litem under this ing such child; and Human Services. paragraph. ø(F) shall be provided at least 24 hours ad- ø(D) ASSUMPTION OF THE COST OF GOVERN- ø(2) QUALIFICATIONS OF GUARDIAN AD vance notice of a transfer of that child to a MENT-PAID COUNSEL.—In the case of a child LITEM.— different placement, absent compelling and for whom counsel is appointed under sub- ø(A) IN GENERAL.—No person shall serve as unusual circumstances warranting the trans- paragraph (A) who is subsequently placed in a guardian ad litem unless such person— fer of such child prior to notification. the physical custody of a parent or legal ø(i) is a child welfare professional or other ø(b) TRAINING.—The Director shall provide guardian, such parent or legal guardian may individual who has received training in child professional training for all persons serving elect to retain the same counsel to continue welfare matters; and as guardians ad litem under this section in representation of the child, at no expense to ø(ii) possesses special training on the na- the— the Government, beginning on the date that ture of problems encountered by unaccom- ø(1) circumstances and conditions that un- the parent or legal guardian assumes phys- panied alien children. accompanied alien children face; and ical custody of the child. ø ø(B) PROHIBITION.—A guardian ad litem ø(2) various immigration benefits for which (4) DEVELOPMENT OF NECESSARY INFRA- shall not be an employee of the Directorate, such alien child might be eligible. STRUCTURES AND SYSTEMS.—In ensuring that the Office, or the Executive Office for Immi- ø(c) PILOT PROGRAM.— legal representation is provided to such chil- gration Review. ø(1) IN GENERAL.—Not later than 180 days dren, the Director shall develop the nec- ø(3) DUTIES.—The guardian ad litem shall— after the date of enactment of this Act, the essary mechanisms to identify entities avail- ø(A) conduct interviews with the child in a Director shall establish and begin to carry able to provide such legal assistance and rep- manner that is appropriate, taking into ac- out a pilot program to test the implementa- resentation and to recruit such entities. ø count the child’s age; tion of subsection (a). (5) CONTRACTING AND GRANT MAKING AU- THORITY.— ø(B) investigate the facts and cir- ø(2) PURPOSE.—The purpose of the pilot ø cumstances relevant to such child’s presence program established pursuant to paragraph (A) IN GENERAL.—Subject to the avail- ability of appropriations, the Director shall in the United States, including facts and cir- (1) is to— enter into contracts with or make grants to cumstances arising in the country of the ø(A) study and assess the benefits of pro- national nonprofit agencies with relevant ex- child’s nationality or last habitual residence viding guardians ad litem to assist unaccom- pertise in the delivery of immigration-re- and facts and circumstances arising subse- panied alien children involved in immigra- lated legal services to children in order to quent to the child’s departure from such tion proceedings or matters; carry out this subsection. National nonprofit country; ø(B) assess the most efficient and cost-ef- agencies may enter into subcontracts with ø(C) work with counsel to identify the fective means of implementing the guardian or make grants to private voluntary agen- child’s eligibility for relief from removal or ad litem provisions in this section; and cies with relevant expertise in the delivery voluntary departure by sharing with counsel ø(C) assess the feasibility of implementing of immigration-related legal services to chil- information collected under subparagraph such provisions on a nationwide basis for all dren in order to carry out this subsection. (B); unaccompanied alien children in the care of ø(B) INELIGIBILITY FOR GRANTS AND CON- ø(D) develop recommendations on issues the Office. TRACTS.—In making grants and entering into ø relative to the child’s custody, detention, re- (3) SCOPE OF PROGRAM.— contracts with agencies in accordance with ø lease, and repatriation; (A) SELECTION OF SITE.—The Director subparagraph (A), the Director shall ensure ø (E) take reasonable steps to ensure that shall select 3 sites in which to operate the that no such agency receiving funds under the best interests of the child are promoted pilot program established pursuant to para- this subsection is a grantee or contractee for while the child participates in, or is subject graph (1). more than 1 of the following services: ø to, proceedings or matters under the Immi- (B) NUMBER OF CHILDREN.—To the greatest ø(i) Services provided under section 102. gration and Nationality Act (8 U.S.C. 1101 et extent possible, each site selected under sub- ø(ii) Services provided under section 201. seq.); paragraph (A) should have at least 25 chil- ø(iii) Services provided under paragraph ø (F) take reasonable steps to ensure that dren held in immigration custody at any (2). the child understands the nature of the legal given time. ø(iv) Services provided under paragraph (3). ø proceedings or matters and determinations (4) REPORT TO CONGRESS.—Not later than 1 ø(6) MODEL GUIDELINES ON LEGAL REPRESEN- made by the court, and ensure that all infor- year after the date on which the first pilot TATION OF CHILDREN.— mation is conveyed in an age-appropriate program is established pursuant to para- ø(A) DEVELOPMENT OF GUIDELINES.—The manner; and graph (1), the Director shall report to the Executive Office for Immigration Review, in ø (G) report factual findings relating to— Committees on the Judiciary of the Senate consultation with voluntary agencies and ø (i) information gathered pursuant to sub- and the House of Representatives on sub- national experts, shall develop model guide- paragraph (B); paragraphs (A) through (C) of paragraph (2). lines for the legal representation of alien ø (ii) the care and placement of the child øSEC. 202. COUNSEL. children in immigration proceedings based during the pendency of the proceedings or ø(a) ACCESS TO COUNSEL.— on the children’s asylum guidelines, the matters; and ø(1) IN GENERAL.—The Director shall ensure American Bar Association Model Rules of ø (iii) any other information gathered pur- that all unaccompanied alien children in the Professional Conduct, and other relevant do- suant to subparagraph (D). custody of the Office, or in the custody of mestic or international sources. ø (4) TERMINATION OF APPOINTMENT.—The the Directorate, who are not described in ø(B) PURPOSE OF GUIDELINES.—The guide- guardian ad litem shall carry out the duties section 101(a)(2) shall have competent coun- lines developed in accordance with subpara- described in paragraph (3) until— sel to represent them in immigration pro- graph (A) shall be designed to help protect a ø (A) those duties are completed; ceedings or matters. child from any individual suspected of in- ø (B) the child departs the United States; ø(2) PRO BONO REPRESENTATION.—To the volvement in any criminal, harmful, or ex- ø (C) the child is granted permanent resi- maximum extent practicable, the Director ploitative activity associated with the smug- dent status in the United States; shall utilize the services of competent pro gling or trafficking of children, while ensur- ø (D) the child attains the age of 18; or bono counsel who agree to provide represen- ing the fairness of the removal proceeding in ø (E) the child is placed in the custody of a tation to such children without charge. which the child is involved. parent or legal guardian; ø(3) GOVERNMENT-FUNDED LEGAL REPRESEN- ø(C) IMPLEMENTATION.—The Executive Of- whichever occurs first. TATION AS A LAST RESORT.— fice for Immigration Review shall adopt the ø(5) POWERS.—The guardian ad litem— ø(A) APPOINTMENT OF COMPETENT COUN- guidelines developed in accordance with sub- ø(A) shall have reasonable access to the SEL.—Notwithstanding section 292 of the Im- paragraph (A) and submit them for adoption child, including access while such child is migration and Nationality Act (8 U.S.C. 1362) by national, State, and local bar associa- being held in detention or in the care of a or any other provision of law, if no com- tions. foster family; petent counsel is available to represent an ø(b) DUTIES.—Counsel shall— ø(B) shall be permitted to review all unaccompanied alien child without charge, ø(1) represent the unaccompanied alien records and information relating to such pro- the Director shall appoint competent counsel child in all proceedings and matters relating

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.058 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11255 to the immigration status of the child or juvenile court located in the United States United States ports of entry who have been other actions involving the Directorate; or whom such a court has legally committed victimized by smugglers or traffickers, and ø(2) appear in person for all individual mer- to, or placed under the custody of, a depart- children for whom asylum or special immi- its hearings before the Executive Office for ment or agency of a State, or an individual grant relief may be appropriate, including Immigration Review and interviews involv- or entity appointed by a State or juvenile children described in section 101(a)(2). ing the Directorate; and court located in the United States, due to øSEC. 303. REPORT. ø(3) owe the same duties of undivided loy- abuse, neglect, or abandonment, or a similar øNot later than January 31, 2004, and annu- alty, confidentiality, and competent rep- basis found under State law; ally thereafter, the Secretary of Health and resentation to the child as is due an adult ø‘‘(ii) for whom it has been determined in Human Services shall submit a report for the client. administrative or judicial proceedings that previous fiscal year to the Committees on ø(c) ACCESS TO CHILD.— it would not be in the alien’s best interest to the Judiciary of the House of Representa- ø(1) IN GENERAL.—Counsel shall have rea- be returned to the alien’s or parent’s pre- tives and the Senate that contains— sonable access to the unaccompanied alien vious country of nationality or country of ø(1) data related to the implementation of child, including access while the child is last habitual residence; and section 462 of the Homeland Security Act (6 being held in detention, in the care of a fos- ø‘‘(iii) with respect to a child in Federal U.S.C. 279); ter family, or in any other setting that has custody, for whom the Office of Refugee Re- ø(2) data regarding the care and placement been determined by the Office. settlement of the Department of Health and of children in accordance with this Act; ø(2) RESTRICTION ON TRANSFERS.—Absent Human Services has certified to the Director ø(3) data regarding the provision of guard- compelling and unusual circumstances, no of the Bureau of Citizenship and Immigra- ian ad litem and counsel services in accord- child who is represented by counsel shall be tion Services that the classification of an ance with this Act; and transferred from the child’s placement to an- alien as a special immigrant under this sub- ø(4) any other information that the Direc- other placement unless advance notice of at paragraph has not been made solely to pro- tor or the Secretary of Health and Human least 24 hours is made to counsel of such vide an immigration benefit to that alien; Services determines to be appropriate. transfer. except that no natural parent or prior adop- øSEC. 304. EFFECTIVE DATE. ø (d) TERMINATION OF APPOINTMENT.—Coun- tive parent of any alien provided special im- øThe amendment made by section 301 shall sel appointed under subsection (a)(3) shall migrant status under this subparagraph apply to all aliens who were in the United carry out the duties described in subsection shall thereafter, by virtue of such parentage, States before, on, or after the date of enact- (b) until— be accorded any right, privilege, or status ment of this Act. ø(1) those duties are completed; under this Act;’’. øTITLE IV—CHILDREN REFUGEE AND ø(2) the child departs the United States; ø(b) ADJUSTMENT OF STATUS.—Section ASYLUM SEEKERS ø(3) the child is granted withholding of re- 245(h)(2) of the Immigration and Nationality ø moval under section 241(b)(3) of the Immigra- SEC. 401. GUIDELINES FOR CHILDREN’S ASYLUM Act (8 U.S.C. 1255(h)(2)) is amended— CLAIMS. tion and Nationality Act (8 U.S.C. 1231(b)(3)); ø (1) by amending subparagraph (A) to read ø(a) SENSE OF CONGRESS.—Congress com- ø(4) the child is granted protection under as follows: mends the Immigration and Naturalization the Convention Against Torture; ø‘‘(A) paragraphs (1), (4), (5), (6), and (7)(A) Service for its issuance of its ‘‘Guidelines for ø(5) the child is granted asylum in the of section 212(a) shall not apply;’’; Children’s Asylum Claims’’, dated December United States under section 208 of the Immi- ø(2) in subparagraph (B), by striking the 1998, and encourages and supports the imple- gration and Nationality Act (8 U.S.C. 1158); period and inserting ‘‘; and’’; and mentation of such guidelines by the Immi- ø(6) the child is granted permanent resi- ø(3) by adding at the end the following: gration and Naturalization Service (and its dent status in the United States; or ø‘‘(C) the Secretary of Homeland Security successor entities) in an effort to facilitate ø(7) the child attains 18 years of age; may waive subparagraphs (A) and (B) of the handling of children’s asylum claims. whichever occurs first. paragraph (2) of section 212(a) in the case of Congress calls upon the Executive Office for ø(e) NOTICE TO COUNSEL DURING IMMIGRA- an offense which arose as a consequence of Immigration Review of the Department of TION PROCEEDINGS.— the child being unaccompanied.’’. Justice to adopt the ‘‘Guidelines for Chil- ø(1) IN GENERAL.—Except when otherwise ø (c) ELIGIBILITY FOR ASSISTANCE.—A child dren’s Asylum Claims’’ in its handling of required in an emergency situation involving who has been granted relief under section the physical safety of the child, counsel shall children’s asylum claims before immigration 101(a)(27)(J) of the Immigration and Nation- judges and the Board of Immigration Ap- be given prompt and adequate notice of all ality Act (8 U.S.C. 1101(a)(27)(J)), as amended immigration matters affecting or involving peals. by subsection (a), shall be eligible for all ø(b) TRAINING.—The Secretary shall pro- an unaccompanied alien child, including ad- funds made available under section 412(d) of vide periodic comprehensive training under judications, proceedings, and processing, be- that Act (8 U.S.C. 1522(d)) until such time as the ‘‘Guidelines for Children’s Asylum fore such actions are taken. the child attains the age designated in sec- Claims’’ to asylum officers, immigration ø(2) OPPORTUNITY TO CONSULT WITH COUN- tion 412(d)(2)(B) of that Act (8 U.S.C. judges, members of the Board of Immigra- SEL.—An unaccompanied alien child in the 1522(d)(2)(B)), or until the child is placed in a tion Appeals, and immigration officers who custody of the Office may not give consent permanent adoptive home, whichever occurs have contact with children in order to famil- to any immigration action, including con- first. iarize and sensitize such officers to the needs senting to voluntary departure, unless first ø SEC. 302. TRAINING FOR OFFICIALS AND CER- of children asylum seekers. Voluntary agen- afforded an opportunity to consult with TAIN PRIVATE PARTIES WHO COME cies shall be allowed to assist in such train- counsel. INTO CONTACT WITH UNACCOM- ing. ø(f) ACCESS TO RECOMMENDATIONS OF PANIED ALIEN CHILDREN. øSEC. 402. UNACCOMPANIED REFUGEE CHIL- GUARDIAN AD LITEM.—Counsel shall be af- ø(a) TRAINING OF STATE AND LOCAL OFFI- DREN. forded an opportunity to review the rec- CIALS AND CERTAIN PRIVATE PARTIES.—The ø(a) IDENTIFYING UNACCOMPANIED REFUGEE ommendation by the guardian ad litem af- Secretary of Health and Human Services, CHILDREN.—Section 207(e) of the Immigra- fecting or involving a client who is an unac- acting jointly with the Secretary, shall pro- tion and Nationality Act (8 U.S.C. 1157(e)) is companied alien child. vide appropriate training to be available to amended— ø State and county officials, child welfare spe- SEC. 203. EFFECTIVE DATE; APPLICABILITY. ø(1) by redesignating paragraphs (3), (4), ø cialists, teachers, public counsel, and juve- (a) EFFECTIVE DATE.—This title shall take (5), (6), and (7) as paragraphs (4), (5), (6), (7), effect 180 days after the date of enactment of nile judges who come into contact with un- accompanied alien children. The training and (8), respectively; and this Act. ø(2) by inserting after paragraph (2) the fol- ø(b) APPLICABILITY.—The provisions of this shall provide education on the processes per- lowing: title shall apply to all unaccompanied alien taining to unaccompanied alien children ø‘‘(3) An analysis of the worldwide situa- children in Federal custody on, before, or with pending immigration status and on the tion faced by unaccompanied refugee chil- after the effective date of this title. forms of relief potentially available. The Di- rector shall be responsible for establishing a dren, by region, which shall include an as- ø TITLE III—STRENGTHENING POLICIES core curriculum that can be incorporated sessment of— FOR PERMANENT PROTECTION OF into education, training, or orientation mod- ø‘‘(A) the number of unaccompanied ref- ALIEN CHILDREN ules or formats that are currently used by ugee children, by region; øSEC. 301. SPECIAL IMMIGRANT JUVENILE VISA. these professionals. ø‘‘(B) the capacity of the Department of ø(a) J VISA.—Section 101(a)(27)(J) of the ø(b) TRAINING OF DIRECTORATE PER- State to identify such refugees; Immigration and Nationality Act (8 U.S.C. SONNEL.—The Secretary, acting jointly with ø‘‘(C) the capacity of the international 1101(a)(27)(J)) is amended to read as follows: the Secretary of Health and Human Services, community to care for and protect such refu- ø‘‘(J) an immigrant under the age of 21 on shall provide specialized training to all per- gees; the date of application who is present in the sonnel of the Directorate who come into con- ø‘‘(D) the capacity of the voluntary agency United States— tact with unaccompanied alien children. In community to resettle such refugees in the ø‘‘(i) who by a court order, which shall be the case of Border Patrol agents and immi- United States; binding on the Secretary of Homeland Secu- gration inspectors, such training shall in- ø‘‘(E) the degree to which the United rity for purposes of adjudications under this clude specific training on identifying chil- States plans to resettle such refugees in the subparagraph, was declared dependent on a dren at the United States borders or at United States in the coming fiscal year; and

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.058 S11PT1 S11256 CONGRESSIONAL RECORD — SENATE October 11, 2004 ø‘‘(F) the fate that will befall such unac- ø‘‘(ii) terminate the contracts of providers TITLE IV—CHILDREN REFUGEE AND companied refugee children for whom reset- that are not in compliance with such condi- ASYLUM SEEKERS tlement in the United States is not pos- tions; and Sec. 401. Guidelines for children’s asylum sible.’’. ø‘‘(iii) reassign any unaccompanied alien claims. ø(b) TRAINING ON THE NEEDS OF UNACCOM- child to a similar facility that is in compli- Sec. 402. Unaccompanied refugee children. PANIED REFUGEE CHILDREN.—Section 207(f)(2) ance with such section.’’. Sec. 403. Exceptions for unaccompanied alien of the Immigration and Nationality Act (8 ø(c) CLARIFICATION OF DIRECTOR’S AUTHOR- children in asylum and refugee- U.S.C. 1157(f)(2)) is amended by— ITY TO HIRE PERSONNEL.—Section 462(f)(3) of like circumstances. ø(1) striking ‘‘and’’ after ‘‘countries,’’; and the Homeland Security Act of 2002 (6 U.S.C. TITLE V—AUTHORIZATION OF ø(2) inserting before the period at the end 279(f)(3)) is amended— APPROPRIATIONS the following: ‘‘, and instruction on the ø(1) by striking ‘‘(3) TRANSFER AND ALLOCA- Sec. 501. Authorization of appropriations. needs of unaccompanied refugee children’’. TION OF APPROPRIATIONS AND PERSONNEL.— ø The personnel’’ and inserting the following: TITLE VI—AMENDMENTS TO THE SEC. 403. EXCEPTIONS FOR UNACCOMPANIED HOMELAND SECURITY ACT OF 2002 ALIEN CHILDREN IN ASYLUM AND ø‘‘(3) TRANSFER AND ALLOCATION OF APPRO- REFUGEE-LIKE CIRCUMSTANCES. PRIATIONS AND PERSONNEL.— Sec. 601. Additional responsibilities and powers ø(a) PLACEMENT IN REMOVAL PRO- ø‘‘(A) IN GENERAL.—Except as provided in of the Office of Refugee Resettle- CEEDINGS.—Any unaccompanied alien child subparagraph (B), the personnel’’; and ment with respect to unaccom- apprehended by the Directorate, except for ø(2) by inserting at the end the following: panied alien children. an unaccompanied alien child subject to ex- ø‘‘(B) EXCEPTION.—The Director may hire Sec. 602. Technical corrections. ceptions under paragraph (1)(A) or (2) of sec- and fix the level of compensation of an ade- Sec. 603. Effective date. tion (101)(a) of this Act, shall be placed in re- quate number of personnel to carry out the SEC. 2. DEFINITIONS. moval proceedings under section 240 of the duties of the Office. Notwithstanding the (a) IN GENERAL.—In this Act: Immigration and Nationality Act (8 U.S.C. provisions of subparagraph (A), the Director (1) COMPETENT.—The term ‘‘competent’’, in 1229a). may elect not to receive the transfer of any reference to counsel, means an attorney who ø(b) EXCEPTION FROM TIME LIMIT FOR FIL- personnel of the Department of Justice em- complies with the duties set forth in this Act ING ASYLUM APPLICATION.—Section 208(a)(2) ployed in connection with the functions and— of the Immigration and Nationality Act (8 transferred by this section or, at the Direc- (A) is a member in good standing of the bar of U.S.C. 1158(a)(2)) is amended by adding at the tor’s discretion, to assign different duties to the highest court of any State, possession, terri- end the following: such personnel.’’. tory, Commonwealth, or the District of Colum- ø‘‘(E) APPLICABILITY.—Subparagraphs (A) øSEC. 602. TECHNICAL CORRECTIONS. bia; and (B) shall not apply to an unaccompanied øSection 462(b) of the Homeland Security (B) is not under any order of any court sus- child as defined in section 101(a)(51).’’. Act of 2002 (6 U.S.C. 279(b)), as amended by pending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice øTITLE V—AUTHORIZATION OF section 601, is amended— ø of law; and APPROPRIATIONS (1) in paragraph (3), by striking ‘‘para- graph (1)(G)’’ and inserting ‘‘paragraph (1)’’; (C) is properly qualified to handle matters in- ø SEC. 501. AUTHORIZATION OF APPROPRIATIONS. and volving unaccompanied immigrant children or is ø(a) IN GENERAL.—There are authorized to ø(2) by adding at the end the following: working under the auspices of a qualified non- be appropriated such sums as may be nec- ø‘‘(5) STATUTORY CONSTRUCTION.—Nothing profit organization that is experienced in han- essary to carry out— in paragraph (2)(B) may be construed to re- dling such matters. ø(1) section 462 of the Homeland Security quire that a bond be posted for unaccom- (2) DIRECTOR.—The term ‘‘Director’’ means Act of 2002 (6 U.S.C. 279); and panied alien children who are released to a the Director of the Office. ø(2) this Act. qualified sponsor.’’. (3) DIRECTORATE.—The term ‘‘Directorate’’ ø VAILABILITY OF UNDS means the Directorate of Border and Transpor- (b) A F .—Amounts ap- øSEC. 603. EFFECTIVE DATE. propriated pursuant to subsection (a) are au- tation Security established by section 401 of the øThe amendments made by this title shall thorized to remain available until expended. Homeland Security Act of 2002 (6 U.S.C. 201). take effect as if enacted as part of the Home- (4) OFFICE.—The term ‘‘Office’’ means the Of- øTITLE VI—AMENDMENTS TO THE land Security Act of 2002 (6 U.S.C. 101 et fice of Refugee Resettlement as established by HOMELAND SECURITY ACT OF 2002 ¿ seq.). section 411 of the Immigration and Nationality øSEC. 601. ADDITIONAL RESPONSIBILITIES AND SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Act (8 U.S.C. 1521). POWERS OF THE OFFICE OF REF- (a) SHORT TITLE.—This Act may be cited as (5) SECRETARY.—The term ‘‘Secretary’’ means UGEE RESETTLEMENT WITH RE- the ‘‘Unaccompanied Alien Child Protection Act the Secretary of Homeland Security. SPECT TO UNACCOMPANIED ALIEN of 2004’’. NACCOMPANIED ALIEN CHILD CHILDREN. (6) U .—The term (b) TABLE OF CONTENTS.—The table of con- ‘‘unaccompanied alien child’’ has the same ø(a) ADDITIONAL RESPONSIBILITIES OF THE tents for this Act is as follows: meaning as is given the term in section 462(g)(2) DIRECTOR.—Section 462(b)(1) of the Homeland of the Homeland Security Act of 2002 (6 U.S.C. Security Act of 2002 (6 U.S.C. 279(b)(1)) is Sec. 1. Short title; table of contents. 279(g)(2)). amended— Sec. 2. Definitions. (7) VOLUNTARY AGENCY.—The term ‘‘voluntary ø(1) in subparagraph (K), by striking ‘‘and’’ TITLE I—CUSTODY, RELEASE, FAMILY agency’’ means a private, nonprofit voluntary at the end; REUNIFICATION, AND DETENTION agency with expertise in meeting the cultural, ø(2) in subparagraph (L), by striking the Sec. 101. Procedures when encountering unac- developmental, or psychological needs of unac- period at the end and inserting ‘‘, including companied alien children. companied alien children, as certified by the Di- regular follow-up visits to such facilities, Sec. 102. Family reunification for unaccom- rector of the Office of Refugee Resettlement. placements, and other entities, to assess the panied alien children with rel- (b) AMENDMENTS TO THE IMMIGRATION AND continued suitability of such placements; atives in the United States. NATIONALITY ACT.—Section 101(a) of the Immi- and’’; and Sec. 103. Appropriate conditions for detention gration and Nationality Act (8 U.S.C. 1101(a)) is ø (3) by adding at the end the following: of unaccompanied alien children. amended by adding at the end the following: ø ‘‘(M) ensuring minimum standards of care Sec. 104. Repatriated unaccompanied alien chil- ‘‘(51) The term ‘unaccompanied alien child’ for all unaccompanied alien children— dren. means a child who— ø ‘‘(i) for whom detention is necessary; and Sec. 105. Establishing the age of an unaccom- ‘‘(A) has no lawful immigration status in the ø ‘‘(ii) who reside in settings that are alter- panied alien child. United States; native to detention.’’. Sec. 106. Effective date. ‘‘(B) has not attained the age of 18; and ø(b) ADDITIONAL POWERS OF THE DIREC- TITLE II—ACCESS BY UNACCOMPANIED ‘‘(C) with respect to whom— TOR.—Section 462(b) of the Homeland Secu- ALIEN CHILDREN TO GUARDIANS AD ‘‘(i) there is no parent or legal guardian in the rity Act of 2002 (6 U.S.C. 279(b)) is amended LITEM AND COUNSEL United States; or by adding at the end the following: Sec. 201. Guardians ad litem. ‘‘(ii) no parent or legal guardian in the United ø‘‘(4) POWERS.—In carrying out the duties Sec. 202. Counsel. States is able to provide care and physical cus- under paragraph (3), the Director shall have Sec. 203. Effective date; applicability. tody. the power to— ‘‘(52) The term ‘unaccompanied refugee chil- ø‘‘(A) contract with service providers to TITLE III—STRENGTHENING POLICIES FOR dren’ means persons described in paragraph (42) perform the services described in sections PERMANENT PROTECTION OF ALIEN who— 102, 103, 201, and 202 of the Unaccompanied CHILDREN ‘‘(A) have not attained the age of 18; and Alien Child Protection Act of 2003; and Sec. 301. Special immigrant juvenile visa. ‘‘(B) with respect to whom there are no par- ø‘‘(B) compel compliance with the terms Sec. 302. Training for officials and certain pri- ents or legal guardians available to provide care and conditions set forth in section 103 of the vate parties who come into con- and physical custody.’’. Unaccompanied Alien Child Protection Act tact with unaccompanied alien (c) RULE OF CONSTRUCTION.—A department or of 2003, including the power to— children. agency of a State, or an individual or entity ap- ø‘‘(i) declare providers to be in breach and Sec. 303. Report. pointed by a State court or juvenile court lo- seek damages for noncompliance; Sec. 304. Effective date. cated in the United States, acting in loco

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00066 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.058 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11257 parentis, shall not be considered a legal guard- graph (A), the Directorate shall retain or as- Office shall be promptly placed with 1 of the fol- ian for purposes of section 462 of the Homeland sume the custody and care of an unaccompanied lowing individuals or entities in the following Security Act of 2002 (6 U.S.C. 279) or this Act. alien child if the Secretary has substantial evi- order of preference: TITLE I—CUSTODY, RELEASE, FAMILY dence, based on an individualized determina- (A) A parent who seeks to establish custody, REUNIFICATION, AND DETENTION tion, that such child could personally endanger as described in paragraph (3)(A). the national security of the United States. (B) A legal guardian who seeks to establish SEC. 101. PROCEDURES WHEN ENCOUNTERING (D) TRAFFICKING VICTIMS.—For purposes of custody, as described in paragraph (3)(A). UNACCOMPANIED ALIEN CHILDREN. section 462 of the Homeland Security Act of 2002 (C) An adult relative. (a) UNACCOMPANIED CHILDREN FOUND ALONG (6 U.S.C. 279) and this Act, an unaccompanied (D) An entity designated by the parent or THE UNITED STATES BORDER OR AT UNITED alien child who is eligible for services authorized legal guardian that is capable and willing to STATES PORTS OF ENTRY.— under the Victims of Trafficking and Violence care for the well-being of the child. (1) IN GENERAL.—Subject to paragraph (2), if Protection Act of 2000 (Public Law 106–386), (E) A State-licensed juvenile shelter, group an immigration officer finds an unaccompanied shall be considered to be in the custody of the home, or foster care program willing to accept alien child who is described in paragraph (2) at Office. physical custody of the child. a land border or port of entry of the United (2) NOTIFICATION.— (F) A qualified adult or entity seeking custody States and determines that such child is inad- (A) IN GENERAL.—The Secretary shall prompt- of the child when it appears that there is no missible under the Immigration and Nationality ly notify the Office upon— other likely alternative to long-term detention Act (8 U.S.C. 1101 et seq.), the officer shall— (i) the apprehension of an unaccompanied and family reunification does not appear to be (A) permit such child to withdraw the child’s alien child; a reasonable alternative. For purposes of this application for admission pursuant to section (ii) the discovery that an alien in the custody subparagraph, the Office shall decide who is a 235(a)(4) of the Immigration and Nationality Act of the Directorate is an unaccompanied alien qualified adult or entity and promulgate regula- (8 U.S.C. 1225(a)(4)); and child; tions in accordance with such decision. (B) return such child to the child’s country of (iii) any claim by an alien in the custody of (2) SUITABILITY ASSESSMENT.—Notwith- nationality or country of last habitual resi- the Directorate that such alien is under the age standing paragraph (1), no unaccompanied dence. of 18; or alien child shall be placed with a person or enti- (2) SPECIAL RULE FOR CONTIGUOUS COUN- (iv) any suspicion that an alien in the custody ty unless a valid suitability assessment con- TRIES.— of the Directorate who has claimed to be over ducted by an agency of the State of the child’s (A) IN GENERAL.—Any child who is a national the age of 18 is actually under the age of 18. proposed residence, by an agency authorized by or habitual resident of a country that is contig- (B) SPECIAL RULE.—In the case of an alien de- that State to conduct such an assessment, or by uous with the United States and that has an scribed in clause (iii) or (iv) of subparagraph an appropriate voluntary agency contracted agreement in writing with the United States (A), the Director shall make an age determina- with the Office to conduct such assessments has providing for the safe return and orderly repa- tion in accordance with section 105 and take found that the person or entity is capable of triation of unaccompanied alien children who whatever other steps are necessary to determine providing for the child’s physical and mental are nationals or habitual residents of such whether or not such alien is eligible for treat- well-being. country shall be treated in accordance with ment under section 462 of the Homeland Secu- (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO paragraph (1), if a determination is made on a rity Act of 2002 (6 U.S.C. 279) or this Act. CUSTODY OF UNACCOMPANIED ALIEN CHILD.— case-by-case basis that— (3) TRANSFER OF UNACCOMPANIED ALIEN CHIL- (A) PLACEMENT WITH PARENT OR LEGAL (i) such child is a national or habitual resi- DREN.— GUARDIAN.—If an unaccompanied alien child is dent of a country described in subparagraph (A) TRANSFER TO THE OFFICE.—The care and placed with any person or entity other than a (A); custody of an unaccompanied alien child shall parent or legal guardian, but subsequent to that (ii) such child does not have a fear of return- be transferred to the Office— placement a parent or legal guardian seeks to ing to the child’s country of nationality or (i) in the case of a child not described in sub- establish custody, the Director shall assess the country of last habitual residence owing to a paragraph (B) or (C) of paragraph (1), not later suitability of placing the child with the parent fear of persecution; than 72 hours after a determination is made or legal guardian and shall make a written de- (iii) the return of such child to the child’s that such child is an unaccompanied alien termination on the child’s placement within 30 country of nationality or country of last habit- child; days. ual residence would not endanger the life or (ii) in the case of a child whose custody and (B) RULE OF CONSTRUCTION.—Nothing in this safety of such child; and care has been retained or assumed by the Direc- Act shall be construed to— (iv) the child is able to make an independent torate pursuant to subparagraph (B) or (C) of (i) supersede obligations under any treaty or decision to withdraw the child’s application for paragraph (1), immediately following a deter- other international agreement to which the admission due to age or other lack of capacity. mination that the child no longer meets the de- United States is a party, including The Hague (B) RIGHT OF CONSULTATION.—Any child de- scription set forth in such subparagraphs; or Convention on the Civil Aspects of International scribed in subparagraph (A) shall have the right (iii) in the case of a child who was previously Child Abduction, the Vienna Declaration and to consult with a consular officer from the released to an individual described in subpara- Program of Action, and the Declaration of the child’s country of nationality or country of last graph (A) or (B) of section 102(a)(1), upon a de- Rights of the Child; or habitual residence prior to repatriation, as well termination that such individual is no longer (ii) limit any right or remedy under such as consult with the Office, telephonically, and able to care for the child. international agreement. such child shall be informed of that right in the (B) TRANSFER TO THE DIRECTORATE.—Upon (4) PROTECTION FROM SMUGGLERS AND TRAF- child’s native language. determining that a child in the custody of the FICKERS.— (3) RULE FOR APPREHENSIONS AT THE BOR- Office is described in subparagraph (B) or (C) of (A) POLICIES AND PROGRAMS.— DER.—The custody of unaccompanied alien chil- paragraph (1), the Director shall transfer the (i) IN GENERAL.—The Director shall establish dren not described in paragraph (2) who are ap- care and custody of such child to the Direc- policies and programs to ensure that unaccom- prehended at the border of the United States or torate. panied alien children are protected from smug- at a United States port of entry shall be treated (C) PROMPTNESS OF TRANSFER.—In the event glers, traffickers, or other persons seeking to vic- in accordance with the provisions of subsection of a need to transfer a child under this para- timize or otherwise engage such children in (b). graph, the sending office shall make prompt ar- criminal, harmful, or exploitative activity. (b) CARE AND CUSTODY OF UNACCOMPANIED rangements to transfer such child and the re- (ii) WITNESS PROTECTION PROGRAMS IN- ALIEN CHILDREN FOUND IN THE INTERIOR OF THE ceiving office shall make prompt arrangements CLUDED.—The programs established pursuant to UNITED STATES.— to receive such child. clause (i) may include witness protection pro- (1) ESTABLISHMENT OF JURISDICTION.— (c) AGE DETERMINATIONS.—In any case in grams. (A) IN GENERAL.—Except as otherwise pro- which the age of an alien is in question and the (B) CRIMINAL INVESTIGATIONS AND PROSECU- vided under subparagraphs (B) and (C) and resolution of questions about the age of such TIONS.—Any officer or employee of the Office or subsection (a), the care and custody of all unac- alien would affect the alien’s eligibility for the Department of Homeland Security, and any companied alien children, including responsi- treatment under section 462 of the Homeland Se- grantee or contractor of the Office, who suspects bility for their detention, where appropriate, curity Act of 2002 (6 U.S.C. 279) or this Act, a any individual of being involved in any activity shall be under the jurisdiction of the Office. determination of whether or not such alien described in subparagraph (A) shall report such (B) EXCEPTION FOR CHILDREN WHO HAVE COM- meets such age requirements shall be made by individual to Federal or State prosecutors for MITTED CRIMES.—Notwithstanding subpara- the Director in accordance with section 105. criminal investigation and prosecution. graph (A), the Directorate shall retain or as- SEC. 102. FAMILY REUNIFICATION FOR UNACCOM- (C) DISCIPLINARY ACTION.—Any officer or em- sume the custody and care of any unaccom- PANIED ALIEN CHILDREN WITH REL- ployee of the Office or the Department of Home- panied alien child who— ATIVES IN THE UNITED STATES. land Security, and any grantee or contractor of (i) has been charged with any felony, exclud- (a) PLACEMENT AUTHORITY.— the Office, who suspects an attorney of being ing offenses proscribed by the Immigration and (1) ORDER OF PREFERENCE.—Subject to the involved in any activity described in subpara- Nationality Act (8 U.S.C. 1101 et seq.), while discretion of the Director under section 462(b)(2) graph (A) shall report the individual to the such charges are pending; or of the Homeland Security Act of 2002 (6 U.S.C. State bar association of which the attorney is a (ii) has been convicted of any such felony. 279(b)(2)) and under paragraph (4) of this sub- member, or to other appropriate disciplinary au- (C) EXCEPTION FOR CHILDREN WHO THREATEN section and section 103(a)(2) of this Act, an un- thorities, for appropriate disciplinary action NATIONAL SECURITY.—Notwithstanding subpara- accompanied alien child in the custody of the that may include private or public admonition

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00067 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.058 S11PT1 S11258 CONGRESSIONAL RECORD — SENATE October 11, 2004 or censure, suspension, or disbarment of the at- (A) shall provide that all children are notified ensure a prompt determination of the age of torney from the practice of law. orally and in writing of such standards in the such alien. (5) GRANTS AND CONTRACTS.—Subject to the child’s native language. (b) PROHIBITION ON SOLE MEANS OF DETER- availability of appropriations, the Director may (b) PROHIBITION OF CERTAIN PRACTICES.—The MINING AGE.—Neither radiographs nor the attes- make grants to, and enter into contracts with, Director and the Secretary shall develop proce- tation of an alien shall be used as the sole voluntary agencies to carry out section 462 of dures prohibiting the unreasonable use of— means of determining age for the purposes of de- the Homeland Security Act of 2002 (6 U.S.C. 279) (1) shackling, handcuffing, or other restraints termining an alien’s eligibility for treatment or to carry out this section. on children; under section 462 of the Homeland Security Act (6) REIMBURSEMENT OF STATE EXPENSES.— (2) solitary confinement; or of 2002 (6 U.S.C. 279) or this Act. Subject to the availability of appropriations, the (3) pat or strip searches. (c) RULE OF CONSTRUCTION.—Nothing in this Director may reimburse States for any expenses (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to place the burden of they incur in providing assistance to unaccom- section shall be construed to supersede proce- proof in determining the age of an alien on the panied alien children who are served pursuant dures favoring release of children to appropriate government. to section 462 of the Homeland Security Act of adults or entities or placement in the least se- SEC. 106. EFFECTIVE DATE. 2002 (6 U.S.C. 279) or this Act. cure setting possible, as defined in the Stipu- This title shall take effect 90 days after the (b) CONFIDENTIALITY.—All information ob- lated Settlement Agreement under Flores v. date of enactment of this Act. tained by the Office relating to the immigration Reno. TITLE II—ACCESS BY UNACCOMPANIED status of a person described in subparagraphs SEC. 104. REPATRIATED UNACCOMPANIED ALIEN ALIEN CHILDREN TO GUARDIANS AD (A), (B), and (C) of subsection (a)(1) shall re- CHILDREN. LITEM AND COUNSEL main confidential and may be used only for the (a) COUNTRY CONDITIONS.— purposes of determining such person’s qualifica- SEC. 201. GUARDIANS AD LITEM. (1) SENSE OF CONGRESS.—It is the sense of (a) ESTABLISHMENT OF GUARDIAN AD LITEM tions under subsection (a)(1). Congress that, to the extent consistent with the PROGRAM.— (c) REQUIRED DISCLOSURE.—The Secretary of treaties and other international agreements to (1) APPOINTMENT.—The Director may, in the Health and Human Services or the Secretary of which the United States is a party, and to the Director’s discretion, appoint a guardian ad Homeland Security shall provide the informa- extent practicable, the United States Govern- litem who meets the qualifications described in tion furnished under this section, and any other ment should undertake efforts to ensure that it paragraph (2) for such child. The Director is en- information derived from such furnished infor- does not repatriate children in its custody into couraged, wherever practicable, to contract with mation, to— settings that would threaten the life and safety (1) a duly recognized law enforcement entity a voluntary agency for the selection of an indi- of such children. vidual to be appointed as a guardian ad litem in connection with an investigation or prosecu- (2) ASSESSMENT OF CONDITIONS.— tion of an offense described in paragraph (2) or under this paragraph. (A) IN GENERAL.—The Secretary of State shall (2) QUALIFICATIONS OF GUARDIAN AD LITEM.— (3) of section 212(a) of the Immigration and Na- include each year in the State Department (A) IN GENERAL.—No person shall serve as a tionality Act (8 U.S.C. 1182(a)), when such in- Country Report on Human Rights, an assess- guardian ad litem unless such person— formation is requested in writing by such entity; ment of the degree to which each country pro- (i) is a child welfare professional or other in- or tects children from smugglers and traffickers. dividual who has received training in child wel- (2) an official coroner for purposes of affirma- (B) FACTORS FOR ASSESSMENT.—The Office fare matters; and tively identifying a deceased individual (wheth- shall consult the State Department Country Re- (ii) possesses special training on the nature of er or not such individual is deceased as a result port on Human Rights and the Victims of Traf- problems encountered by unaccompanied alien of a crime). ficking and Violence Protection Act of 2000: children. (d) PENALTY.—Whoever knowingly uses, pub- Trafficking in Persons Report in assessing (B) PROHIBITION.—A guardian ad litem shall lishes, or permits information to be examined in whether to repatriate an unaccompanied alien not be an employee of the Directorate, the Of- violation of this section shall be fined not more child to a particular country. fice, or the Executive Office for Immigration Re- than $10,000. (b) REPORT ON REPATRIATION OF UNACCOM- view. SEC. 103. APPROPRIATE CONDITIONS FOR DETEN- PANIED ALIEN CHILDREN.— (3) DUTIES.—The guardian ad litem shall— TION OF UNACCOMPANIED ALIEN (1) IN GENERAL.—Not later than 18 months (A) conduct interviews with the child in a CHILDREN. after the date of enactment of this Act, and an- manner that is appropriate, taking into account (a) STANDARDS FOR PLACEMENT.— nually thereafter, the Director shall submit a re- the child’s age; (1) PROHIBITION OF DETENTION IN CERTAIN FA- port to the Committees on the Judiciary of the (B) investigate the facts and circumstances CILITIES.—Except as provided in paragraph (2), House of Representatives and the Senate on ef- relevant to such child’s presence in the United an unaccompanied alien child shall not be forts to repatriate unaccompanied alien chil- States, including facts and circumstances aris- placed in an adult detention facility or a facil- dren. ing in the country of the child’s nationality or ity housing delinquent children. (2) CONTENTS.—The report submitted under last habitual residence and facts and cir- (2) DETENTION IN APPROPRIATE FACILITIES.— paragraph (1) shall include, at a minimum, the cumstances arising subsequent to the child’s de- An unaccompanied alien child who has exhib- following information: parture from such country; ited a violent or criminal behavior that endan- (A) The number of unaccompanied alien chil- (C) work with counsel to identify the child’s gers others may be detained in conditions appro- dren ordered removed and the number of such eligibility for relief from removal or voluntary priate to the behavior in a facility appropriate children actually removed from the United departure by sharing with counsel information for delinquent children. States. collected under subparagraph (B); (3) STATE LICENSURE.—In the case of a place- (B) A description of the type of immigration (D) develop recommendations on issues rel- ment of a child with an entity described in sec- relief sought and denied to such children. ative to the child’s custody, detention, release, tion 102(a)(1)(E), the entity must be licensed by (C) A statement of the nationalities, ages, and and repatriation; an appropriate State agency to provide residen- gender of such children. (E) take reasonable steps to ensure that the tial, group, child welfare, or foster care services (D) A description of the procedures used to ef- best interests of the child are promoted while the for dependent children. fect the removal of such children from the child participates in, or is subject to, pro- (4) CONDITIONS OF DETENTION.— United States. ceedings or matters under the Immigration and (A) IN GENERAL.—The Director and the Sec- Nationality Act (8 U.S.C. 1101 et seq.); retary of Homeland Security shall promulgate (E) A description of steps taken to ensure that such children were safely and humanely repa- (F) take reasonable steps to ensure that the regulations incorporating standards for condi- child understands the nature of the legal pro- tions of detention in such placements that pro- triated to their country of origin. (F) Any information gathered in assessments ceedings or matters and determinations made by vide for— the court, and ensure that all information is (i) educational services appropriate to the of country and local conditions pursuant to sub- section (a)(2). conveyed in an age-appropriate manner; and child; (G) report factual findings relating to— (ii) medical care; SEC. 105. ESTABLISHING THE AGE OF AN UNAC- (i) information gathered pursuant to subpara- COMPANIED ALIEN CHILD. (iii) mental health care, including treatment graph (B); of trauma, physical and sexual violence, or (a) IN GENERAL.—The Director shall develop (ii) the care and placement of the child during abuse; procedures to make a prompt determination of the pendency of the proceedings or matters; and (iv) access to telephones; the age of an alien in the custody of the Depart- (iii) any other information gathered pursuant (v) access to legal services; ment of Homeland Security or the Office, when to subparagraph (D). (vi) access to interpreters; the age of the alien is at issue. Such procedures (4) TERMINATION OF APPOINTMENT.—The (vii) supervision by professionals trained in shall permit the presentation of multiple forms guardian ad litem shall carry out the duties de- the care of children, taking into account the of evidence, including testimony of the child, to scribed in paragraph (3) until— special cultural, linguistic, and experiential determine the age of the unaccompanied alien (A) those duties are completed; needs of children in immigration proceedings; for purposes of placement, custody, parole, and (B) the child departs the United States; (viii) recreational programs and activities; detention. Such procedures shall allow the ap- (C) the child is granted permanent resident (ix) spiritual and religious needs; and peal of a determination to an immigration judge. status in the United States; (x) dietary needs. The Secretary of Homeland Security shall per- (D) the child attains the age of 18; or (B) NOTIFICATION OF CHILDREN.—Regulations mit the Office to have reasonable access to (E) the child is placed in the custody of a par- promulgated in accordance with subparagraph aliens in the custody of the Secretary so as to ent or legal guardian;

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00068 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.058 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11259

whichever occurs first. representation is provided to such children, the (2) OPPORTUNITY TO CONSULT WITH COUN- (5) POWERS.—The guardian ad litem— Director shall develop the necessary mechanisms SEL.—An unaccompanied alien child in the cus- (A) shall have reasonable access to the child, to identify entities available to provide such tody of the Office may not give consent to any including access while such child is being held legal assistance and representation and to re- immigration action, including consenting to vol- in detention or in the care of a foster family; cruit such entities. untary departure, unless first afforded an op- (B) shall be permitted to review all records (4) CONTRACTING AND GRANT MAKING AUTHOR- portunity to consult with counsel. and information relating to such proceedings ITY.— (e) ACCESS TO RECOMMENDATIONS OF GUARD- that are not deemed privileged or classified; (A) IN GENERAL.—The Director shall enter into IAN AD LITEM.—Counsel shall be afforded an (C) may seek independent evaluations of the contracts with or make grants to nonprofit opportunity to review the recommendation by child; agencies with relevant expertise in the delivery the guardian ad litem affecting or involving a (D) shall be notified in advance of all hear- of immigration-related legal services to children client who is an unaccompanied alien child. ings or interviews involving the child that are in order to carry out the responsibilities of this SEC. 203. EFFECTIVE DATE; APPLICABILITY. held in connection with proceedings or matters Act, including but not limited to such activities (a) EFFECTIVE DATE.—This title shall take ef- under the Immigration and Nationality Act (8 as providing legal orientation, screening cases fect 180 days after the date of enactment of this U.S.C. 1101 et seq.), and shall be given a reason- for referral, recruiting, training, and overseeing Act. able opportunity to be present at such hearings pro bono attorneys. Nonprofit agencies may or interviews; enter into subcontracts with or make grants to (b) APPLICABILITY.—The provisions of this (E) shall be permitted to consult with the private voluntary agencies with relevant exper- title shall apply to all unaccompanied alien child during any hearing or interview involving tise in the delivery of immigration-related legal children in Federal custody on, before, or after such child; and services to children in order to carry out this the effective date of this title. (F) shall be provided at least 24 hours ad- subsection. TITLE III—STRENGTHENING POLICIES vance notice of a transfer of that child to a dif- (B) CONSIDERATIONS REGARDING GRANTS AND FOR PERMANENT PROTECTION OF ferent placement, absent compelling and un- CONTRACTS.—In making grants and entering ALIEN CHILDREN usual circumstances warranting the transfer of into contracts with agencies in accordance with SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA. such child prior to notification. subparagraph (A), the Director shall take into (a) J VISA.—Section 101(a)(27)(J) of the Immi- (b) TRAINING.—The Director shall provide pro- consideration whether the agencies in question gration and Nationality Act (8 U.S.C. fessional training for all persons serving as are capable of properly administering the serv- 1101(a)(27)(J)) is amended to read as follows: guardians ad litem under this section in the— ices covered by such grants or contracts without ‘‘(J) an immigrant under the age of 21 on the (1) circumstances and conditions that unac- an undue conflict of interest. date of application who is present in the United companied alien children face; and (5) MODEL GUIDELINES ON LEGAL REPRESENTA- States— (2) various immigration benefits for which TION OF CHILDREN.— such alien child might be eligible. (A) DEVELOPMENT OF GUIDELINES.—The Exec- ‘‘(i) who by a court order, which shall be (c) PILOT PROGRAM.— utive Office for Immigration Review, in con- binding on the Secretary of Homeland Security (1) IN GENERAL.—Not later than 180 days after sultation with voluntary agencies and national for purposes of adjudications under this sub- the date of enactment of this Act, the Director experts, shall develop model guidelines for the paragraph, was declared dependent on a juve- shall establish and begin to carry out a pilot legal representation of alien children in immi- nile court located in the United States or whom program to test the implementation of subsection gration proceedings based on the children’s asy- such a court has legally committed to, or placed (a). lum guidelines, the American Bar Association under the custody of, a department or agency of (2) PURPOSE.—The purpose of the pilot pro- Model Rules of Professional Conduct, and other a State, or an individual or entity appointed by gram established pursuant to paragraph (1) is relevant domestic or international sources. a State or juvenile court located in the United to— (B) PURPOSE OF GUIDELINES.—The guidelines States, due to abuse, neglect, or abandonment, (A) study and assess the benefits of providing developed in accordance with subparagraph (A) or a similar basis found under State law; guardians ad litem to assist unaccompanied shall be designed to help protect a child from ‘‘(ii) for whom it has been determined in ad- alien children involved in immigration pro- any individual suspected of involvement in any ministrative or judicial proceedings that it ceedings or matters; criminal, harmful, or exploitative activity asso- would not be in the alien’s best interest to be re- (B) assess the most efficient and cost-effective ciated with the smuggling or trafficking of chil- turned to the alien’s or parent’s previous coun- means of implementing the guardian ad litem dren, while ensuring the fairness of the removal try of nationality or country of last habitual provisions in this section; and proceeding in which the child is involved. residence; and (C) assess the feasibility of implementing such (C) IMPLEMENTATION.—The Executive Office ‘‘(iii) with respect to a child in Federal cus- provisions on a nationwide basis for all unac- for Immigration Review shall adopt the guide- tody, for whom the Office of Refugee Resettle- companied alien children in the care of the Of- lines developed in accordance with subpara- ment of the Department of Health and Human fice. graph (A) and submit them for adoption by na- Services has certified to the Director of the Bu- (3) SCOPE OF PROGRAM.— tional, State, and local bar associations. reau of Citizenship and Immigration Services (A) SELECTION OF SITE.—The Director shall se- (b) DUTIES.—Counsel shall— that the classification of an alien as a special lect 3 sites in which to operate the pilot program (1) represent the unaccompanied alien child in immigrant under this subparagraph has not established pursuant to paragraph (1). all proceedings and matters relating to the immi- been made solely to provide an immigration ben- (B) NUMBER OF CHILDREN.—To the greatest gration status of the child or other actions in- efit to that alien; extent possible, each site selected under sub- volving the Directorate; except that no natural parent or prior adoptive paragraph (A) should have at least 25 children (2) appear in person for all individual merits held in immigration custody at any given time. parent of any alien provided special immigrant hearings before the Executive Office for Immi- status under this subparagraph shall thereafter, (4) REPORT TO CONGRESS.—Not later than 1 gration Review and interviews involving the Di- year after the date on which the first pilot pro- by virtue of such parentage, be accorded any rectorate; and right, privilege, or status under this Act;’’. gram is established pursuant to paragraph (1), (3) owe the same duties of undivided loyalty, (b) ADJUSTMENT OF STATUS.—Section 245(h)(2) the Director shall report to the Committees on confidentiality, and competent representation to of the Immigration and Nationality Act (8 the Judiciary of the Senate and the House of the child as is due an adult client. U.S.C. 1255(h)(2)) is amended— Representatives on subparagraphs (A) through (c) ACCESS TO CHILD.— (C) of paragraph (2). (1) IN GENERAL.—Counsel shall have reason- (1) by amending subparagraph (A) to read as SEC. 202. COUNSEL. able access to the unaccompanied alien child, follows: (a) ACCESS TO COUNSEL.— including access while the child is being held in ‘‘(A) paragraphs (4), (5)(A), (6)(A), and (7) of (1) IN GENERAL.—The Director shall ensure detention, in the care of a foster family, or in section 212(a) shall not apply;’’; that all unaccompanied alien children in the any other setting that has been determined by (2) in subparagraph (B), by striking the period custody of the Office, or in the custody of the the Office. and inserting ‘‘; and’’; and Directorate, who are not described in section (2) RESTRICTION ON TRANSFERS.—Absent com- (3) by adding at the end the following: 101(a)(2) shall have competent counsel to rep- pelling and unusual circumstances, no child ‘‘(C) the Secretary of Homeland Security may resent them in immigration proceedings or mat- who is represented by counsel shall be trans- waive section 212(a)(2)(D) in the case of an of- ters. ferred from the child’s placement to another fense which arose as a consequence of the child (2) PRO BONO REPRESENTATION.—To the max- placement unless advance notice of at least 24 being unaccompanied.’’. imum extent practicable, the Director shall uti- hours is made to counsel of such transfer. (c) ELIGIBILITY FOR ASSISTANCE.—A child who lize the services of competent pro bono counsel (d) NOTICE TO COUNSEL DURING IMMIGRATION has been granted relief under section who agree to provide representation to such PROCEEDINGS.— 101(a)(27)(J) of the Immigration and Nationality children without charge. To the maximum ex- (1) IN GENERAL.—Except when otherwise re- Act (8 U.S.C. 1101(a)(27)(J)), as amended by sub- tent practicable, the Director shall ensure that quired in an emergency situation involving the section (a), shall be eligible for all funds made placements made under subparagraphs (D), (E), physical safety of the child, counsel shall be available under section 412(d) of that Act (8 and (F) of section 102(a)(1) are in cities where given prompt and adequate notice of all immi- U.S.C. 1522(d)) until such time as the child at- there is a demonstrated capacity for competent gration matters affecting or involving an unac- tains the age designated in section 412(d)(2)(B) pro bono representation. companied alien child, including adjudications, of that Act (8 U.S.C. 1522(d)(2)(B)), or until the (3) DEVELOPMENT OF NECESSARY INFRASTRUC- proceedings, and processing, before such actions child is placed in a permanent adoptive home, TURES AND SYSTEMS.—In ensuring that legal are taken. whichever occurs first.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00069 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.058 S11PT1 S11260 CONGRESSIONAL RECORD — SENATE October 11, 2004 SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. (3) by adding at the end the following: PRIVATE PARTIES WHO COME INTO (a) IDENTIFYING UNACCOMPANIED REFUGEE ‘‘(M) ensuring minimum standards of care for CONTACT WITH UNACCOMPANIED CHILDREN.—Section 207(e) of the Immigration all unaccompanied alien children— ALIEN CHILDREN. and Nationality Act (8 U.S.C. 1157(e)) is amend- ‘‘(i) for whom detention is necessary; and (a) TRAINING OF STATE AND LOCAL OFFICIALS ed— ‘‘(ii) who reside in settings that are alter- AND CERTAIN PRIVATE PARTIES.—The Secretary (1) by redesignating paragraphs (3), (4), (5), native to detention.’’. of Health and Human Services, acting jointly (6), and (7) as paragraphs (4), (5), (6), (7), and (b) ADDITIONAL POWERS OF THE DIRECTOR.— with the Secretary, shall provide appropriate (8), respectively; and Section 462(b) of the Homeland Security Act of training to be available to State and county offi- (2) by inserting after paragraph (2) the fol- 2002 (6 U.S.C. 279(b)) is amended by adding at cials, child welfare specialists, teachers, public lowing: the end the following: counsel, and juvenile judges who come into con- ‘‘(3) An analysis of the worldwide situation ‘‘(4) POWERS.—In carrying out the duties tact with unaccompanied alien children. The faced by unaccompanied refugee children, by re- under paragraph (3), the Director shall have the training shall provide education on the proc- gion, which shall include an assessment of— power to— esses pertaining to unaccompanied alien chil- ‘‘(A) the number of unaccompanied refugee ‘‘(A) contract with service providers to per- dren with pending immigration status and on children, by region; form the services described in sections 102, 103, the forms of relief potentially available. The Di- ‘‘(B) the capacity of the Department of State 201, and 202 of the Unaccompanied Alien Child rector shall be responsible for establishing a core to identify such refugees; Protection Act of 2004; and curriculum that can be incorporated into edu- ‘‘(C) the capacity of the international commu- ‘‘(B) compel compliance with the terms and cation, training, or orientation modules or for- nity to care for and protect such refugees; conditions set forth in section 103 of the Unac- mats that are currently used by these profes- ‘‘(D) the capacity of the voluntary agency companied Alien Child Protection Act of 2004, sionals. community to resettle such refugees in the including the power to— (b) TRAINING OF DIRECTORATE PERSONNEL.— United States; ‘‘(i) declare providers to be in breach and seek The Secretary, acting jointly with the Secretary ‘‘(E) the degree to which the United States damages for noncompliance; of Health and Human Services, shall provide plans to resettle such refugees in the United ‘‘(ii) terminate the contracts of providers that specialized training to all personnel of the Di- States in the coming fiscal year; and are not in compliance with such conditions; and rectorate who come into contact with unaccom- ‘‘(F) the fate that will befall such unaccom- ‘‘(iii) reassign any unaccompanied alien child panied alien children. In the case of Border Pa- panied refugee children for whom resettlement to a similar facility that is in compliance with trol agents and immigration inspectors, such in the United States is not possible.’’. such section.’’. training shall include specific training on iden- (b) TRAINING ON THE NEEDS OF UNACCOM- SEC. 602. TECHNICAL CORRECTIONS. tifying children at the United States borders or PANIED REFUGEE CHILDREN.—Section 207(f)(2) of Section 462(b) of the Homeland Security Act of at United States ports of entry who have been the Immigration and Nationality Act (8 U.S.C. 2002 (6 U.S.C. 279(b)), as amended by section victimized by smugglers or traffickers, and chil- 1157(f)(2)) is amended by— 601, is amended— dren for whom asylum or special immigrant re- (1) striking ‘‘and’’ after ‘‘countries,’’; and (1) in paragraph (3), by striking ‘‘paragraph lief may be appropriate, including children de- (2) inserting before the period at the end the (1)(G)’’ and inserting ‘‘paragraph (1)’’; and scribed in section 101(a)(2). following: ‘‘, and instruction on the needs of (2) by adding at the end the following: SEC. 303. REPORT. unaccompanied refugee children’’. ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in paragraph (2)(B) may be construed to require Not later than 1 year after the date of enact- SEC. 403. EXCEPTIONS FOR UNACCOMPANIED that a bond be posted for unaccompanied alien ment of this Act and annually thereafter, the ALIEN CHILDREN IN ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES. children who are released to a qualified spon- Secretary of Health and Human Services shall sor.’’. submit a report for the previous fiscal year to (a) PLACEMENT IN REMOVAL PROCEEDINGS.— the Committees on the Judiciary of the House of Any unaccompanied alien child apprehended by SEC. 603. EFFECTIVE DATE. Representatives and the Senate that contains— the Directorate, except for an unaccompanied The amendments made by this title shall take alien child subject to exceptions under para- (1) data related to the implementation of sec- effect as if enacted as part of the Homeland Se- graph (1)(A) or (2) of section (101)(a) of this Act, tion 462 of the Homeland Security Act (6 U.S.C. curity Act of 2002 (6 U.S.C. 101 et seq.). shall be placed in removal proceedings under 279); Mr. SESSIONS. Madam President, I section 240 of the Immigration and Nationality (2) data regarding the care and placement of Act (8 U.S.C. 1229a). ask unanimous consent that the Fein- children in accordance with this Act; (b) EXCEPTION FROM TIME LIMIT FOR FILING stein substitute amendment at the (3) data regarding the provision of guardian ASYLUM APPLICATION.—Section 208(a)(2) of the desk be agreed to, the committee-re- ad litem and counsel services in accordance with Immigration and Nationality Act (8 U.S.C. ported substitute amendment, as this Act; and 1158(a)(2)) is amended by adding at the end the amended, be agreed to, the bill, as (4) any other information that the Director or following: amended, be read the third time and the Secretary of Health and Human Services de- ‘‘(E) APPLICABILITY.—Subparagraphs (A) and termines to be appropriate. passed, the motions to reconsider be (B) shall not apply to an unaccompanied alien laid upon the table, and that any state- SEC. 304. EFFECTIVE DATE. child as defined in section 101(a)(51).’’. ments related to the bill be printed in The amendment made by section 301 shall TITLE V—AUTHORIZATION OF the RECORD. apply to all aliens who were in the United APPROPRIATIONS States before, on, or after the date of enactment The PRESIDING OFFICER. Without of this Act. SEC. 501. AUTHORIZATION OF APPROPRIATIONS. objection, it is so ordered. (a) IN GENERAL.—There are authorized to be The amendment (No. 4058) was agreed TITLE IV—CHILDREN REFUGEE AND appropriated to the Department of Homeland ASYLUM SEEKERS Security, the Department of Justice, and the De- to. SEC. 401. GUIDELINES FOR CHILDREN’S ASYLUM partment of Health and Human Services, such (The amendment is printed in today’s CLAIMS. sums as may be necessary to carry out— RECORD under ‘‘Text of Amendments.’’) (a) SENSE OF CONGRESS.—Congress commends (1) section 462 of the Homeland Security Act The committee amendment in the the Immigration and Naturalization Service for of 2002 (6 U.S.C. 279); and nature of a substitute, as amended, was its issuance of its ‘‘Guidelines for Children’s (2) this Act. agreed to. Asylum Claims’’, dated December 1998, and en- (b) AVAILABILITY OF FUNDS.—Amounts appro- The bill (S. 1129), as amended, was courages and supports the implementation of priated pursuant to subsection (a) are author- read the third time, and passed. such guidelines by the Immigration and Natu- ized to remain available until expended. f ralization Service (and its successor entities) in TITLE VI—AMENDMENTS TO THE an effort to facilitate the handling of children’s HOMELAND SECURITY ACT OF 2002 CONTROLLED SUBSTANCE ACT asylum claims. Congress calls upon the Execu- SEC. 601. ADDITIONAL RESPONSIBILITIES AND AMENDMENT tive Office for Immigration Review of the De- POWERS OF THE OFFICE OF REF- Mr. SESSIONS. Madam President, I partment of Justice to adopt the ‘‘Guidelines for UGEE RESETTLEMENT WITH RE- Children’s Asylum Claims’’ in its handling of SPECT TO UNACCOMPANIED ALIEN ask unanimous consent that the Sen- children’s asylum claims before immigration CHILDREN. ate proceed to the immediate consider- judges and the Board of Immigration Appeals. (a) ADDITIONAL RESPONSIBILITIES OF THE DI- ation of S. 2976, which was introduced (b) TRAINING.—The Secretary shall provide RECTOR.—Section 462(b)(1) of the Homeland Se- earlier today by Senators HATCH and periodic comprehensive training under the curity Act of 2002 (6 U.S.C. 279(b)(1)) is amend- LEVIN. ‘‘Guidelines for Children’s Asylum Claims’’ to ed— The PRESIDING OFFICER. The asylum officers, immigration judges, members of (1) in subparagraph (K), by striking ‘‘and’’ at the Board of Immigration Appeals, and immi- the end; clerk will state the bill by title. gration officers who have contact with children (2) in subparagraph (L), by striking the period The assistant legislative clerk read in order to familiarize and sensitize such officers at the end and inserting ‘‘, including regular as follows: to the needs of children asylum seekers. Vol- follow-up visits to such facilities, placements, A bill (S. 2976) to amend the Controlled untary agencies shall be allowed to assist in and other entities, to assess the continued suit- Substances Act to lift the patient limitation such training. ability of such placements; and’’; and on prescribing drug addiction treatments.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.058 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11261 There being no objection, the Senate justice system each year meet the diagnostic cri- ‘‘(B) a mental health agency. proceeded to consider the bill. teria for at least 1 mental or emotional disorder. ‘‘(3) CRIMINAL OR JUVENILE JUSTICE AGENCY.— Mr. SESSIONS. Madam President, I (5) A significant proportion of adults with a The term ‘criminal or juvenile justice agency’ means an agency of a State or local government ask unanimous consent that the bill be serious mental illness who are involved with the criminal justice system are homeless or at immi- or its contracted agency that is responsible for read the third time and passed, that nent risk of homelessness, and many of these in- detection, arrest, enforcement, prosecution, de- the motion to reconsider be laid upon dividuals are arrested and jailed for minor, non- fense, adjudication, incarceration, probation, or the table, and that any statements re- violent offenses. parole relating to the violation of the criminal garding this matter be printed in the (6) The majority of individuals with a mental laws of that State or local government. RECORD. illness or emotional disorder who are involved in ‘‘(4) DIVERSION AND ALTERNATIVE PROSECU- The PRESIDING OFFICER. Without the criminal or juvenile justice systems are re- TION AND SENTENCING.— sponsive to medical and psychological interven- ‘‘(A) IN GENERAL.—The terms ‘diversion’ and objection, it is so ordered. ‘alternative prosecution and sentencing’ mean The bill (S. 2976) was read the third tions that integrate treatment, rehabilitation, and support services. the appropriate use of effective mental health time and passed, as follows: (7) Collaborative programs between mental treatment alternatives to juvenile justice or S. 2976 health, substance abuse, and criminal or juve- criminal justice system institutional placements for preliminarily qualified offenders. Be it enacted by the Senate and House of Rep- nile justice systems that ensure the provision of ‘‘(B) APPROPRIATE USE.—In this paragraph, resentatives of the United States of America in services for those with mental illness or co-oc- the term ‘appropriate use’ includes the discre- Congress assembled, curring mental illness and substance abuse dis- tion of the judge or supervising authority, the orders can reduce the number of such individ- SECTION 1. MAINTENANCE OR DETOXIFICATION leveraging of graduated sanctions to encourage uals in adult and juvenile corrections facilities, TREATMENT WITH CERTAIN NAR- compliance with treatment, and law enforce- COTIC DRUGS; ELIMINATION OF 30- while providing improved public safety. ment diversion, including crisis intervention PATIENT LIMIT FOR GROUP PRAC- SEC. 3. PURPOSE. TICES. teams. The purpose of this Act is to increase public RADUATED SANCTIONS (a) IN GENERAL.—Section 303(g)(2)(B) of the ‘‘(C) G .—In this para- safety by facilitating collaboration among the graph, the term ‘graduated sanctions’ means an Controlled Substance Act (21 U.S.C. criminal justice, juvenile justice, mental health 823(g)(2)(B)) is amended by striking clause accountability-based graduated series of sanc- treatment, and substance abuse systems. Such tions (including incentives, treatments, and (iv). collaboration is needed to— (b) CONFORMING AMENDMENT.—Section services) applicable to mentally ill offenders (1) protect public safety by intervening with within both the juvenile and adult justice sys- 303(g)(2)(B) of the Controlled Substance Act adult and juvenile offenders with mental illness (21 U.S.C. 823(g)(2)(B)) is amended in clause tem to hold individuals accountable for their ac- or co-occurring mental illness and substance tions and to protect communities by providing (iii) by striking ‘‘In any case’’ and all that abuse disorders; follows through ‘‘the total’’ and inserting appropriate sanctions for inducing law-abiding (2) provide courts, including existing and new behavior and preventing subsequent involve- ‘‘The total’’. mental health courts, with appropriate mental (c) EFFECTIVE DATE.—This section shall ment in the criminal justice system. health and substance abuse treatment options; ‘‘(5) MENTAL HEALTH AGENCY.—The term take effect on the date of enactment of this (3) maximize the use of alternatives to pros- Act. ‘mental health agency’ means an agency of a ecution through graduated sanctions in appro- State or local government or its contracted agen- f priate cases involving nonviolent offenders with cy that is responsible for mental health services MENTALLY ILL OFFENDER TREAT- mental illness; or co-occurring mental health and substance (4) promote adequate training for criminal jus- MENT AND CRIME REDUCTION abuse services. tice system personnel about mental illness and ‘‘(6) MENTAL HEALTH COURT.—The term ‘men- ACT OF 2004 substance abuse disorders and the appropriate tal health court’ means a judicial program that Mr. SESSIONS. Mr. President, I ask responses to people with such illnesses; meets the requirements of part V of this title. the Chair lay before the Senate a mes- (5) promote adequate training for mental ‘‘(7) MENTAL ILLNESS.—The term ‘mental ill- sage from the House of Representatives health and substance abuse treatment personnel ness’ means a diagnosable mental, behavioral, about criminal offenders with mental illness or or emotional disorder— on the bill (S. 1194) to foster local col- co-occurring substance abuse disorders and the ‘‘(A) of sufficient duration to meet diagnostic laborations which will ensure that re- appropriate response to such offenders in the criteria within the most recent edition of the Di- sources are effectively used within the criminal justice system; agnostic and Statistical Manual of Mental Dis- criminal and juvenile justice systems. (6) promote communication among adult or ju- orders published by the American Psychiatric The PRESIDING OFFICER laid be- venile justice personnel, mental health and co- Association; and fore the Senate the following message occurring mental illness and substance abuse ‘‘(B)(i) that, in the case of an adult, has re- from the House of Representatives: disorders treatment personnel, nonviolent of- sulted in functional impairment that substan- fenders with mental illness or co-occurring men- tially interferes with or limits 1 or more major S. 1194 tal illness and substance abuse disorders, and life activities; or Resolved, That the bill from the Senate (S. support services such as housing, job placement, ‘‘(ii) that, in the case of a juvenile, has re- 1194) entitled ‘‘An Act to foster local collabo- community, faith-based, and crime victims orga- sulted in functional impairment that substan- rations which will ensure that resources are nizations; and tially interferes with or limits the juvenile’s role effectively and efficiently used within the (7) promote communication, collaboration, or functioning in family, school, or community criminal and juvenile justice systems’’, do and intergovernmental partnerships among mu- activities. pass with the following amendment: nicipal, county, and State elected officials with ‘‘(8) NONVIOLENT OFFENSE.—The term ‘non- Strike out all after the enacting clause and respect to mentally ill offenders. violent offense’ means an offense that does not have as an element the use, attempted use, or insert: SEC. 4. DEPARTMENT OF JUSTICE MENTAL SECTION 1. SHORT TITLE. HEALTH AND CRIMINAL JUSTICE threatened use of physical force against the per- This Act may be cited as the ‘‘Mentally Ill Of- COLLABORATION PROGRAM. son or property of another or is not a felony fender Treatment and Crime Reduction Act of (a) IN GENERAL.—Title I of the Omnibus Crime that by its nature involves a substantial risk 2004’’. Control and Safe Streets Act of 1968 (42 U.S.C. that physical force against the person or prop- erty of another may be used in the course of SEC. 2. FINDINGS. 3711 et seq.) is amended by adding at the end the following: committing the offense. Congress finds the following: ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— (1) According to the Bureau of Justice Statis- ‘‘PART HH—ADULT AND JUVENILE The term ‘preliminarily qualified offender’ tics, over 16 percent of adults incarcerated in COLLABORATION PROGRAM GRANTS means an adult or juvenile accused of a non- United States jails and prisons have a mental ‘‘SEC. 2991. ADULT AND JUVENILE COLLABORA- violent offense who— illness. TION PROGRAMS. ‘‘(A)(i) previously or currently has been diag- (2) According to the Office of Juvenile Justice ‘‘(a) DEFINITIONS.—In this section, the fol- nosed by a qualified mental health professional and Delinquency Prevention, approximately 20 lowing definitions shall apply: as having a mental illness or co-occurring men- percent of youth in the juvenile justice system ‘‘(1) APPLICANT.—The term ‘applicant’ means tal illness and substance abuse disorders; or have serious mental health problems, and a sig- States, units of local government, Indian tribes, ‘‘(ii) manifests obvious signs of mental illness nificant number have co-occurring mental and tribal organizations that apply for a grant or co-occurring mental illness and substance health and substance abuse disorders. under this section. abuse disorders during arrest or confinement or (3) According to the National Alliance for the ‘‘(2) COLLABORATION PROGRAM.—The term before any court; and Mentally Ill, up to 40 percent of adults who suf- ‘collaboration program’ means a program to pro- ‘‘(B) has faced, is facing, or could face crimi- fer from a serious mental illness will come into mote public safety by ensuring access to ade- nal charges for a misdemeanor or nonviolent of- contact with the American criminal justice sys- quate mental health and other treatment serv- fense and is deemed eligible by a diversion proc- tem at some point in their lives. ices for mentally ill adults or juveniles that is ess, designated pretrial screening process, or by (4) According to the Office of Juvenile Justice overseen cooperatively by— a magistrate or judge, on the ground that the and Delinquency Prevention, over 150,000 juve- ‘‘(A) a criminal or juvenile justice agency or a commission of the offense is the product of the niles who come into contact with the juvenile mental health court; and person’s mental illness.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00071 Fmt 4637 Sfmt 6333 E:\CR\FM\G11OC6.097 S11PT1 S11262 CONGRESSIONAL RECORD — SENATE October 11, 2004

‘‘(10) SECRETARY.—The term ‘Secretary’ means ning on the first day of the month in which the ‘‘(VI) make available, to the extent prac- the Secretary of Health and Human Services. planning grant is made. Applicants may not re- ticable, other support services that will ensure ‘‘(11) UNIT OF LOCAL GOVERNMENT.—The term ceive more than 1 such planning grant. the preliminarily qualified offender’s successful ‘unit of local government’ means any city, coun- ‘‘(D) AMOUNT.—The amount of a planning reintegration into the community (such as hous- ty, township, town, borough, parish, village, or grant may not exceed $75,000, except that the ing, education, job placement, mentoring, and other general purpose political subdivision of a Attorney General may, for good cause, approve health care and benefits, as well as the services State, including a State court, local court, or a a grant in a higher amount. of faith-based and community organizations for governmental agency located within a city, ‘‘(E) COLLABORATION SET ASIDE.—Up to 5 per- mentally ill individuals served by the collabora- county, township, town, borough, parish, or vil- cent of all planning funds shall be used to foster tion program); and lage. collaboration between State and local govern- ‘‘(VII) include strategies, to the extent prac- ‘‘(b) PLANNING AND IMPLEMENTATION ments in furtherance of the purposes set forth in ticable, to address developmental and learning GRANTS.— the Mentally Ill Offender Treatment and Crime disabilities and problems arising from a docu- ‘‘(1) IN GENERAL.—The Attorney General, in Reduction Act of 2004. mented history of physical or sexual abuse. consultation with the Secretary, may award ‘‘(5) IMPLEMENTATION GRANTS.— ‘‘(D) HOUSING AND JOB PLACEMENT.—Recipi- nonrenewable grants to eligible applicants to ‘‘(A) APPLICATION.—Joint applicants that ents of an implementation grant may use grant prepare a comprehensive plan for and implement have prepared a planning grant application funds to assist mentally ill offenders compliant an adult or juvenile collaboration program, may apply to the Attorney General for approval with the program in seeking housing or employ- which targets preliminarily qualified offenders of a nonrenewable implementation grant to de- ment assistance. in order to promote public safety and public velop a collaboration program. ‘‘(E) POLICIES AND PROCEDURES.—Applicants health. ‘‘(B) COLLABORATION.—To receive an imple- for an implementation grant shall strive to en- ‘‘(2) PURPOSES.—Grants awarded under this mentation grant, the joint applicants shall— sure prompt access to defense counsel by crimi- section shall be used to create or expand— ‘‘(i) document that at least 1 criminal or juve- nal defendants with mental illness who are fac- ‘‘(A) mental health courts or other court- nile justice agency (which can include a mental ing charges that would trigger a constitutional based programs for preliminarily qualified of- health court) and 1 mental health agency will right to counsel. fenders; participate in the administration of the collabo- ‘‘(F) FINANCIAL.—Applicants for an implemen- ‘‘(B) programs that offer specialized training ration program; tation grant shall— to the officers and employees of a criminal or ju- ‘‘(ii) describe the responsibilities of each par- ‘‘(i) explain the applicant’s inability to fund venile justice agency and mental health per- ticipating agency, including how each agency the collaboration program adequately without sonnel serving those with co-occurring mental will use grant resources to provide supervision Federal assistance; illness and substance abuse problems in proce- of offenders and jointly ensure that the provi- ‘‘(ii) specify how the Federal support provided dures for identifying the symptoms of prelimi- sion of mental health treatment services and will be used to supplement, and not supplant, narily qualified offenders in order to respond substance abuse services for individuals with co- State, local, Indian tribe, or tribal organization appropriately to individuals with such illnesses; occurring mental health and substance abuse sources of funding that would otherwise be ‘‘(C) programs that support cooperative efforts disorders are coordinated, which may range available, including billing third-party resources by criminal and juvenile justice agencies and from consultation or collaboration to integration for services already covered under programs mental health agencies to promote public safety in a single setting or treatment model; (such as Medicaid, Medicare, and the State by offering mental health treatment services ‘‘(iii) in the case of an application from a unit Children’s Insurance Program); and and, where appropriate, substance abuse treat- of local government, document that a State men- ‘‘(iii) outline plans for obtaining necessary ment services for— tal health authority has provided comment and support and continuing the proposed collabora- ‘‘(i) preliminarily qualified offenders with review; and tion program following the conclusion of Fed- mental illness or co-occurring mental illness and ‘‘(iv) involve, to the extent practicable, in de- eral support. substance abuse disorders; or veloping the grant application— ‘‘(G) OUTCOMES.—Applicants for an imple- ‘‘(ii) adult offenders with mental illness dur- ‘‘(I) preliminarily qualified offenders; mentation grant shall— ing periods of incarceration, while under the su- ‘‘(II) the families and advocates of such indi- ‘‘(i) identify methodology and outcome meas- pervision of a criminal justice agency, or fol- viduals under subclause (I); and ures, as required by the Attorney General and lowing release from correctional facilities; and ‘‘(III) advocates for victims of crime. the Secretary, to be used in evaluating the effec- ‘‘(D) programs that support intergovernmental ‘‘(C) CONTENT.—To be eligible for an imple- tiveness of the collaboration program; cooperation between State and local govern- mentation grant, joint applicants shall comply ‘‘(ii) ensure mechanisms are in place to cap- ments with respect to the mentally ill offender. with the following: ture data, consistent with the methodology and ‘‘(3) APPLICATIONS.— ‘‘(i) DEFINITION OF TARGET POPULATION.—Ap- outcome measures under clause (i); and ‘‘(A) IN GENERAL.—To receive a planning plicants for an implementation grant shall— ‘‘(iii) submit specific agreements from affected grant or an implementation grant, the joint ap- ‘‘(I) describe the population with mental ill- agencies to provide the data needed by the At- plicants shall prepare and submit a single appli- ness or co-occurring mental illness and sub- torney General and the Secretary to accomplish cation to the Attorney General at such time, in stance abuse disorders that is targeted for the the evaluation under clause (i). such manner, and containing such information collaboration program; and ‘‘(H) STATE PLANS.—Applicants for an imple- as the Attorney General and the Secretary shall ‘‘(II) develop guidelines that can be used by mentation grant shall describe how the adult or reasonably require. An application under part V personnel of an adult or juvenile justice agency juvenile collaboration program relates to exist- of this title may be made in conjunction with an to identify preliminarily qualified offenders. ing State criminal or juvenile justice and mental application under this section. ‘‘(ii) SERVICES.—Applicants for an implemen- health plans and programs. ‘‘(B) COMBINED PLANNING AND IMPLEMENTA- tation grant shall— ‘‘(I) USE OF FUNDS.—Applicants that receive TION GRANT APPLICATION.—The Attorney Gen- ‘‘(I) ensure that preliminarily qualified of- an implementation grant may use funds for 1 or eral and the Secretary shall develop a procedure fenders who are to receive treatment services more of the following purposes: under which applicants may apply at the same under the collaboration program will first re- ‘‘(i) MENTAL HEALTH COURTS AND DIVERSION/ time and in a single application for a planning ceive individualized, validated, needs-based as- ALTERNATIVE PROSECUTION AND SENTENCING grant and an implementation grant, with receipt sessments to determine, plan, and coordinate the PROGRAMS.—Funds may be used to create or ex- of the implementation grant conditioned on suc- most appropriate services for such individuals; pand existing mental health courts that meet cessful completion of the activities funded by ‘‘(II) specify plans for making mental health, program requirements established by the Attor- the planning grant. or mental health and substance abuse, treat- ney General under part V of this title, other ‘‘(4) PLANNING GRANTS.— ment services available and accessible to prelimi- court-based programs, or diversion and alter- ‘‘(A) APPLICATION.—The joint applicants may narily qualified offenders at the time of their re- native prosecution and sentencing programs (in- apply to the Attorney General for a nonrenew- lease from the criminal justice system, including cluding crisis intervention teams and treatment able planning grant to develop a collaboration outside of normal business hours; accountability services for communities) that program. ‘‘(III) ensure that there are substance abuse meet requirements established by the Attorney ‘‘(B) CONTENTS.—The Attorney General and personnel available to respond appropriately to General and the Secretary. the Secretary may not approve a planning grant the treatment needs of preliminarily qualified ‘‘(ii) TRAINING.—Funds may be used to create unless the application for the grant includes or offenders; or expand programs, such as crisis intervention provides, at a minimum, for a budget and a ‘‘(IV) determine eligibility for Federal bene- training, which offer specialized training to— budget justification, a description of the out- fits; ‘‘(I) criminal justice system personnel to iden- come measures that will be used to measure the ‘‘(V) ensure that preliminarily qualified of- tify and respond appropriately to the unique effectiveness of the program in promoting public fenders served by the collaboration program will needs of preliminarily qualified offenders; or safety and public health, the activities proposed have adequate supervision and access to effec- ‘‘(II) mental health system personnel to re- (including the provision of substance abuse tive and appropriate community-based mental spond appropriately to the treatment needs of treatment services, where appropriate) and a health services, including, in the case of individ- preliminarily qualified offenders. schedule for completion of such activities, and uals with co-occurring mental health and sub- ‘‘(iii) SERVICE DELIVERY.—Funds may be used the personnel necessary to complete such activi- stance abuse disorders, coordinated services, to create or expand programs that promote pub- ties. which may range from consultation or collabo- lic safety by providing the services described in ‘‘(C) PERIOD OF GRANT.—A planning grant ration to integration in a single setting treat- subparagraph (C)(ii) to preliminarily qualified shall be effective for a period of 1 year, begin- ment model; offenders.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00072 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.051 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11263 ‘‘(iv) IN-JAIL AND TRANSITIONAL SERVICES.— ‘‘(g) MINIMUM ALLOCATION.—Unless all eligi- When I was chairman of the Judici- Funds may be used to promote and provide men- ble applications submitted by any State or unit ary Committee, I held a hearing on the tal health treatment and transitional services of local government within such State for a criminal justice system and mentally for those incarcerated or for transitional re- planning or implementation grant under this ill offenders. At that hearing, we heard entry programs for those released from any section have been funded, such State, together from State mental health officials, law penal or correctional institution. with grantees within the State (other than In- ‘‘(J) GEOGRAPHIC DISTRIBUTION OF GRANTS.— dian tribes), shall be allocated in each fiscal enforcement officers, corrections offi- The Attorney General, in consultation with the year under this section not less than 0.75 per- cials, and the representative of coun- Secretary, shall ensure that planning and imple- cent of the total amount appropriated in the fis- ties around our Nation. All of our wit- mentation grants are equitably distributed cal year for planning or implementation grants nesses agreed that people with un- among the geographical regions of the United pursuant to this section. treated mental illness are more likely States and between urban and rural popu- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— to commit crimes, and that our state lations. There are authorized to be appropriated to the mental health systems, prisons and ‘‘(c) PRIORITY.—The Attorney General, in Department of Justice to carry out this section— jails do not have the resources they awarding funds under this section, shall give ‘‘(1) $50,000,000 for fiscal year 2005; and priority to applications that— ‘‘(2) such sums as may be necessary for fiscal need to treat the mentally ill, and pre- ‘‘(1) demonstrate the strongest commitment to years 2006 through 2009.’’. vent crime and recidivism. We know ensuring that such funds are used to promote (b) LIST OF ‘‘BEST PRACTICES’’.—The Attorney that more than 16 percent of adults in- both public health and public safety; General, in consultation with the Secretary of carcerated in U.S. jails and prisons ‘‘(2) demonstrate the active participation of Health and Human Services, shall develop a list have a mental illness, that about 20 each co-applicant in the administration of the of ‘‘best practices’’ for appropriate diversion percent of youth in the juvenile justice from incarceration of adult and juvenile offend- collaboration program; system have serious mental health ‘‘(3) document, in the case of an application ers. for a grant to be used in whole or in part to problems, and that up to 40 percent of (At the request of Mr. DASCHLE, the adults who suffer from a serious men- fund treatment services for adults or juveniles following statement was ordered to be during periods of incarceration or detention, tal illness will come into contact with printed in the RECORD.) the American criminal justice system that treatment programs will be available to pro- ∑ Mr. LEAHY. Madam President, the vide transition and re-entry services for such in- at some point in their lives. We know Mentally Ill Offender Treatment and dividuals; and these things, but we have not done Crime Reduction Act is a good bipar- ‘‘(4) have the support of both the Attorney enough about them at the Federal tisan bill that will help State and local General and the Secretary. level, and our State and local officials ‘‘(d) MATCHING REQUIREMENTS.— governments deal effectively with a se- need our help. ‘‘(1) FEDERAL SHARE.—The Federal share of rious law enforcement and mental the cost of a collaboration program carried out The bill does not mandate a ‘‘one size health problem—the extent to which fits all’’ approach to addressing this by a State, unit of local government, Indian mentally ill individuals commit crimes tribe, or tribal organization under this section issue. Rather, it allows grantees to use shall not exceed— and recidivate without ever receiving the funding authorized under the bill ‘‘(A) 80 percent of the total cost of the pro- appropriate attention from the mental for mental health courts or other gram during the first 2 years of the grant; health, law enforcement, or corrections court-based programs, for training for ‘‘(B) 60 percent of the total cost of the pro- systems. The bill passed the Senate criminal justice and mental health sys- gram in year 3; and unanimously last year, and passed the ‘‘(C) 25 percent of the total cost of the pro- tem personnel, and for better mental House of Representatives in slightly re- health treatment in our communities gram in years 4 and 5. vised form earlier today, by voice vote. ‘‘(2) NON-FEDERAL SHARE.—The non-Federal and within the corrective system. Al- I have enjoyed working on this bill share of payments made under this section may though the House did reduce the fund- with Senator DEWINE, who has shown be made in cash or in-kind fairly evaluated, in- ing authorized by the bill from $100 commitment and leadership on this cluding planned equipment or services. million to $50 million, that amount ‘‘(e) FEDERAL USE OF FUNDS.—The Attorney issue. I am also pleased that Senators will still be enough to make a real General, in consultation with the Secretary, in CANTWELL, DOMENICI, DURBIN, GRASS- start at addressing this problem. This administering grants under this section, may LEY and HATCH have joined Senator is an area where government spending use up to 3 percent of funds appropriated to— DEWINE and I as cosponsors of this bill. ‘‘(1) research the use of alternatives to pros- can not only do good but can also save And I very much appreciate the sup- ecution through pretrial diversion in appro- money in the long run—a dollar spent port of House Judiciary Committee priate cases involving individuals with mental today to get mentally ill offenders ef- Chairman SENSENBRENNER and Rank- illness; fective medical care can save many ‘‘(2) offer specialized training to personnel of ing Member CONYERS, as well as Crime dollars in law enforcement costs in the criminal and juvenile justice agencies in appro- Subcommittee Chairman HOWARD priate diversion techniques; long run. COBLE and Ranking Member BOBBY This bill has brought law enforce- ‘‘(3) provide technical assistance to local gov- SCOTT, and Congressman WILLIAM ernments, mental health courts, and diversion ment officers and mental health profes- DELAHUNT. programs, including technical assistance relat- sionals together, as we have seen at Human Rights Watch released a re- ing to program evaluation; both of the hearings the Judiciary port last year discussing the fact ‘‘that ‘‘(4) help localities build public understanding Committee held on this issue. I hope jails and prisons have become the Na- and support for community reintegration of in- that it will provide much-needed sup- dividuals with mental illness; tion’s default mental health system.’’ port to our communities and make a ‘‘(5) develop a uniform program evaluation The first recommendation in the report process; and difference for both law enforcement of- was for Congress to enact this bill. To- ficers and the mentally ill.∑ ‘‘(6) conduct a national evaluation of the col- night we will follow that recommenda- laboration program that will include an assess- Mr. SESSIONS. Madam President, I ment of its cost-effectiveness. tion and send this bill to the President. ask unanimous consent that the Sen- ‘‘(f) INTERAGENCY TASK FORCE.— All too often, people with mental ill- ate concur in the House amendment, ‘‘(1) IN GENERAL.—The Attorney General and ness rotate repeatedly between the that the motion to reconsider be laid the Secretary shall establish an interagency criminal justice system and the streets upon the table, and that any statement task force with the Secretaries of Housing and of our communities, committing a seri- relating to the bill be printed in the Urban Development, Labor, Education, and ous of minor offenses. The ever scarcer RECORD. Veterans Affairs and the Commissioner of Social time of our law enforcement officers is Security, or their designees. The PRESIDING OFFICER. Without ‘‘(2) RESPONSIBILITIES.—The task force estab- being occupied by these offenders, who objection, it is so ordered. divert them from more urgent respon- lished under paragraph (1) shall— f ‘‘(A) identify policies within their departments sibilities. Meanwhile, offenders find that hinder or facilitate local collaborative ini- themselves in prisons or jails, where FEDERAL WORKFORCE tiatives for preliminarily qualified offenders; little or no appropriate medical care is FLEXIBILITY ACT OF 2004 and available for them. This bill will give Mr. SESSIONS. Mr. President, I ask ‘‘(B) submit, not later than 2 years after the State and local governments the tools date of enactment of this section, a report to the Chair lay before the Senate a mes- Congress containing recommendations for im- to break this cycle, for the good of law sage from the House of Representatives proved interdepartmental collaboration regard- enforcement, corrections officers, the on the bill (S. 129) to provide for reform ing the provision of services to preliminarily public safety, and mentally ill offend- relating to Federal employment, and qualified offenders. ers themselves. for other purposes.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.051 S11PT1 S11264 CONGRESSIONAL RECORD — SENATE October 11, 2004 The PRESIDING OFFICER laid be- ‘‘(II) must relocate to accept a position in a ‘‘(2) A bonus may not be paid under this sec- fore the Senate the following message different geographic area. tion to an individual who is appointed to or from the House of Representatives: ‘‘(c)(1) Payment of a bonus under this section who holds— shall be contingent upon the employee entering ‘‘(A) a position to which an individual is ap- S. 129 into a written service agreement to complete a pointed by the President, by and with the ad- Resolved, That the bill from the Senate (S. period of employment with the agency, not vice and consent of the Senate; 129) entitled ‘‘An Act to provide for reform longer than 4 years. The Office may, by regula- ‘‘(B) a position in the Senior Executive Service relating to Federal employment, and for tion, prescribe a minimum service period for pur- as a noncareer appointee (as such term is de- other purposes’’, do pass with the following poses of this section. fined under section 3132(a)); or amendment: ‘‘(2)(A) The agreement shall include— ‘‘(C) a position which has been excepted from Strike out all after the enacting clause and ‘‘(i) the commencement and termination dates the competitive service by reason of its confiden- insert: of the required service period (or provisions for tial, policy-determining, policy-making, or pol- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the determination thereof); icy-advocating character. (a) SHORT TITLE.—This Act may be cited as ‘‘(ii) the amount of the bonus; ‘‘(3) In this section, the term ‘employee’ has the ‘‘Federal Workforce Flexibility Act of 2004’’. ‘‘(iii) the method of payment; and the meaning given that term in section 2105, ex- (b) TABLE OF CONTENTS.—The table of con- ‘‘(iv) other terms and conditions under which cept that such term also includes an employee tents of this Act is as follows: the bonus is payable, subject to the requirements described in subsection (c) of that section. Sec. 1. Short title; table of contents. of this section and regulations of the Office. ‘‘(b) The Office of Personnel Management ‘‘(B) The terms and conditions for paying a may authorize the head of an agency to pay a TITLE I—REFORMS RELATING TO bonus, as specified in the service agreement, retention bonus to an employee if— FEDERAL HUMAN CAPITAL MANAGEMENT shall include— ‘‘(1) the unusually high or unique qualifica- Sec. 101. Recruitment, relocation, and retention ‘‘(i) the conditions under which the agreement tions of the employee or a special need of the bonuses. may be terminated before the agreed-upon serv- agency for the employee’s services makes it es- Sec. 102. Streamlined critical pay authority. ice period has been completed; and sential to retain the employee; and TITLE II—REFORMS RELATING TO FED- ‘‘(ii) the effect of the termination. ‘‘(2) the agency determines that, in the ab- ERAL EMPLOYEE CAREER DEVELOP- ‘‘(C) The required service period shall com- sence of a retention bonus, the employee would MENT AND BENEFITS mence upon the commencement of service with be likely to leave— ‘‘(A) the Federal service; or Sec. 201. Agency training. the agency or movement to a new position or ge- ographic area, as applicable, unless the service ‘‘(B) for a different position in the Federal Sec. 202. Annual leave enhancements. service under conditions described in regulations Sec. 203. Compensatory time off for travel. agreement provides for a later commencement date in circumstances and to the extent allow- of the Office. TITLE III—PROVISIONS RELATING TO PAY ‘‘(c) The Office may authorize the head of an able under regulations of the Office, such as ADMINISTRATION agency to pay retention bonuses to a group of when there is an initial period of formal basic employees in 1 or more categories of positions in Sec. 301. Corrections relating to pay adminis- training. 1 or more geographic areas, subject to the re- tration. ‘‘(d)(1) Except as provided in subsection (e), a quirements of subsection (b)(1) and regulations Sec. 302. Technical corrections. bonus under this section shall not exceed 25 per- prescribed by the Office, if there is a high risk TITLE I—REFORMS RELATING TO cent of the annual rate of basic pay of the em- that a significant portion of employees in the FEDERAL HUMAN CAPITAL MANAGEMENT ployee at the beginning of the service period group would be likely to leave in the absence of multiplied by the number of years (including a SEC. 101. RECRUITMENT, RELOCATION, AND RE- retention bonuses. fractional part of a year, as determined under TENTION BONUSES. ‘‘(d)(1) Payment of a retention bonus is con- regulations of the Office) in the required service (a) BONUSES.— tingent upon the employee entering into a writ- period of the employee involved. (1) IN GENERAL.—Chapter 57 of title 5, United ten service agreement with the agency to com- ‘‘(2) A bonus under this section may be paid States Code, is amended by striking sections 5753 plete a period of employment with the agency. and 5754 and inserting the following: as an initial lump sum, in installments, as a ‘‘(2)(A) The agreement shall include— final lump sum upon the completion of the full ‘‘§ 5753. Recruitment and relocation bonuses ‘‘(i) the length of the required service period; period of service required by the agreement, or ‘‘(ii) the amount of the bonus; ‘‘(a)(1) This section may be applied to— in a combination of these forms of payment. ‘‘(A) employees covered by the General Sched- ‘‘(iii) the method of payment; and ‘‘(3) A bonus under this section is not part of ‘‘(iv) other terms and conditions under which ule pay system established under subchapter III the basic pay of an employee for any purpose. the bonus is payable, subject to the requirements of chapter 53; and ‘‘(4) Under regulations of the Office, a recruit- ‘‘(B) employees in a category approved by the of this section and regulations of the Office. ment bonus under this section may be paid to an ‘‘(B) The terms and conditions for paying a Office of Personnel Management at the request eligible individual before that individual enters bonus, as specified in the service agreement, of the head of an Executive agency. on duty. shall include— ‘‘(2) A bonus may not be paid under this sec- ‘‘(e) The Office may authorize the head of an ‘‘(i) the conditions under which the agreement tion to an individual who is appointed to or agency to waive the limitation under subsection may be terminated before the agreed-upon serv- who holds— (d)(1) based on a critical agency need, subject to ice period has been completed; and ‘‘(A) a position to which an individual is ap- regulations prescribed by the Office. Under such ‘‘(ii) the effect of the termination. pointed by the President, by and with the ad- a waiver, the maximum bonus allowable shall— ‘‘(3)(A) Notwithstanding paragraph (1), a vice and consent of the Senate; ‘‘(1) be equal to the maximum that would be written service agreement is not required if the ‘‘(B) a position in the Senior Executive Service determined if subsection (d)(1) were applied by agency pays a retention bonus in biweekly in- as a noncareer appointee (as such term is de- substituting ‘50’ for ‘25’; but stallments and sets the installment payment at fined under section 3132(a)); or ‘‘(2) in no event exceed 100 percent of the an- the full bonus percentage rate established for ‘‘(C) a position which has been excepted from nual rate of basic pay of the employee at the be- the employee with no portion of the bonus de- the competitive service by reason of its confiden- ginning of the service period. ferred. tial, policy-determining, policy-making, or pol- ‘‘(B) If an agency pays a retention bonus in icy-advocating character. Nothing in this subsection shall be considered to permit the waiver of any requirement under sub- accordance with subparagraph (A) and makes a ‘‘(3) In this section, the term ‘employee’ has determination to terminate the payments, the the meaning given that term in section 2105, ex- section (c). ‘‘(f) The Office shall require that an agency agency shall provide written notice to the em- cept that such term also includes an employee ployee of that determination. Except as provided described in subsection (c) of that section. establish a plan for the payment of recruitment bonuses before paying any such bonuses, and a in regulations of the Office, the employee shall ‘‘(b) The Office of Personnel Management continue to be paid the retention bonus through may authorize the head of an agency to pay a plan for the payment of relocation bonuses be- fore paying any such bonuses, subject to regula- the end of the pay period in which such written bonus under this section to an individual only notice is provided. if— tions prescribed by the Office. ‘‘(g) The Office may prescribe regulations to ‘‘(4) A retention bonus for an employee may ‘‘(1) the position to which such individual is carry out this section, including regulations re- not be based on any period of such service appointed (as described in paragraph (2)(A)) or lating to the repayment of a bonus under this which is the basis for a recruitment or reloca- to which such individual moves or must relocate section in appropriate circumstances when the tion bonus under section 5753. (as described in paragraph (2)(B)) is likely to be agreed-upon service period has not been com- ‘‘(e)(1) Except as provided in subsection (f), a difficult to fill in the absence of such a bonus; pleted. retention bonus, which shall be stated as a per- and centage of the employee’s basic pay for the serv- ‘‘(2) the individual— ‘‘§ 5754. Retention bonuses ice period associated with the bonus, may not ‘‘(A) is newly appointed as an employee of the ‘‘(a)(1) This section may be applied to— exceed— Federal Government; or ‘‘(A) employees covered by the General Sched- ‘‘(A) 25 percent of the employee’s basic pay if ‘‘(B)(i) is currently employed by the Federal ule pay system established under subchapter III paid under subsection (b); or Government; and of chapter 53; and ‘‘(B) 10 percent of an employee’s basic pay if ‘‘(ii)(I) moves to a new position in the same ‘‘(B) employees in a category approved by the paid under subsection (c). geographic area under circumstances described Office of Personnel Management at the request ‘‘(2)(A) A retention bonus may be paid to an in regulations of the Office; or of the head of an Executive agency. employee in installments after completion of

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00074 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.091 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11265 specified periods of service or in a single lump (I) to individuals holding positions within ‘‘(1) evaluate each program or plan estab- sum at the end of the full period of service re- each pay grade, pay level, or other pay classi- lished, operated, or maintained under sub- quired by the agreement. fication; and section (a) with respect to accomplishing specific ‘‘(B) An installment payment is derived by (II) if applicable, to individuals who moved performance plans and strategic goals in per- multiplying the amount of basic pay earned in between positions that were in different agen- forming the agency mission; and the installment period by a percentage not to ex- cies but the same geographic area (including the ‘‘(2) modify such program or plan as needed to ceed the bonus percentage rate established for names of the agencies involved); and accomplish such plans and goals.’’. the employee. (ii) a determination of the extent to which (b) SPECIFIC TRAINING PROGRAMS.— ‘‘(C) If the installment payment percentage es- such bonuses furthered the purposes of such (1) IN GENERAL.—Chapter 41 of title 5, United tablished for the employee is less than the bonus section. States Code, is amended by adding after section percentage rate established for the employee, the (2) RETENTION BONUSES.— 4120 the following: accrued but unpaid portion of the bonus is pay- (A) IN GENERAL.—The Office of Personnel ‘‘§ 4121. Specific training programs able as part of the final installment payment to Management shall submit to the Committee on ‘‘In consultation with the Office of Personnel the employee after completion of the full service Governmental Affairs of the Senate and the Management, the head of each agency shall es- period under the terms of the service agreement. Committee on Government Reform of the House tablish— ‘‘(D) For purposes of this paragraph, the of Representatives annually, for each of the ‘‘(1) a comprehensive management succession bonus percentage rate established for an em- first 5 years during which section 5754 of title 5, program to provide training to employees to de- ployee means the bonus percentage rate estab- United States Code (as amended by subsection velop managers for the agency; and lished for such employee in accordance with (a)(1)) is in effect, a report on the operation of ‘‘(2) a program to provide training to man- paragraph (1) or subsection (f), as the case may such section. agers on actions, options, and strategies a man- be. (B) CONTENTS.—Each report submitted under ager may use in— ‘‘(3) A retention bonus is not part of the basic this paragraph shall include, with respect to the ‘‘(A) relating to employees with unacceptable pay of an employee for any purpose. period covered by such report, a description of performance; ‘‘(f) Upon the request of the head of an agen- how the authority to pay bonuses under the sec- ‘‘(B) mentoring employees and improving em- cy, the Office may waive the limit established tion of title 5, United States Code, referred to in ployee performance and productivity; and under subsection (e)(1) and permit the agency subparagraph (A) was used by the respective ‘‘(C) conducting employee performance ap- head to pay an otherwise eligible employee or agencies, including, with respect to each such praisals.’’. (2) CLERICAL AMENDMENT.—The table of sec- category of employees retention bonuses of up to agency— tions for chapter 41 of title 5, United States 50 percent of basic pay, based on a critical agen- (i) the number and dollar-amount of bonuses Code, is amended by adding at the end the fol- cy need. paid— ‘‘(g) The Office shall require that, before pay- (I) to individuals holding positions within lowing: ing any bonuses under this section, an agency each pay grade, pay level, or other pay classi- ‘‘4121. Specific training programs.’’. shall establish a plan for the payment of any fication; and SEC. 202. ANNUAL LEAVE ENHANCEMENTS. such bonuses, subject to regulations prescribed (II) if applicable, to prevent individuals from (a) CREDITABILITY OF PRIOR NONGOVERN- by the Office. moving between positions that were in different MENTAL SERVICE FOR PURPOSES OF DETERMINING ‘‘(h) The Office may prescribe regulations to agencies but the same geographic area (includ- RATE OF LEAVE ACCRUAL.— carry out this section.’’. ing the names of the agencies involved); and (1) IN GENERAL.—Section 6303 of title 5, United (2) CLERICAL AMENDMENT.—The table of sec- (ii) a determination of the extent to which States Code, is amended by adding at the end tions for chapter 57 of title 5, United States such bonuses furthered the purposes of such the following: Code, is amended by striking the item relating to section. ‘‘(e)(1) Not later than 180 days after the date section 5754 and inserting the following: (d) EFFECTIVE DATE AND APPLICATION.— of the enactment of this subsection, the Office of ‘‘5754. Retention bonuses.’’. (1) EFFECTIVE DATE.—Except as provided Personnel Management shall prescribe regula- (3) SENSE OF CONGRESS.—It is the sense of the under paragraphs (2) and (3), this section shall tions under which, for purposes of determining Congress that the Director of the Office of Per- take effect on the first day of the first applicable years of service under subsection (a), credit sonnel Management— pay period beginning on or after the 180th day shall, in the case of a newly appointed em- (A) should, each time a bonus is paid under after the date of the enactment of this Act. ployee, be given for any prior service of such the amendment made by paragraph (1) to recruit (2) APPLICATION TO AGREEMENTS.—A recruit- employee that would not otherwise be creditable or relocate a Federal employee from one Govern- ment or relocation bonus service agreement that for such purposes, if— ment agency to another within the same geo- was authorized under section 5753 of title 5, ‘‘(A) such service— ‘‘(i) was performed in a position the duties of graphic area or to retain a Federal employee United States Code, before the effective date which directly relate to the duties of the posi- who might otherwise leave one Government under paragraph (1) shall continue, until its ex- tion to which such employee is so appointed; agency for another within the same geographic piration, to be subject to such section as in ef- and area, be notified of that payment within 60 days fect on the day before such effective date. ‘‘(ii) meets such other requirements as the Of- after the date on which such bonus is paid; and (3) APPLICATION TO ALLOWANCES.—Payment of fice may prescribe; and (B) should monitor the payment of such bo- a retention allowance that was authorized ‘‘(B) in the judgment of the head of the ap- nuses (in the circumstances described in sub- under section 5754 of title 5, United States Code, pointing agency, the application of this sub- paragraph (A)) to ensure that they are an effec- before the effective date under paragraph (1) section is necessary in order to achieve an im- tive use of the Federal Government’s funds and shall continue, subject to such section as in ef- portant agency mission or performance goal. have not adversely affected the ability of those fect on the day before such effective date, until ‘‘(2) Service described in paragraph (1)— Government agencies that lost employees to the retention allowance is reauthorized or termi- ‘‘(A) shall be creditable, for the purposes de- other Government agencies (in such cir- nated (but no longer than 1 year after such ef- scribed in paragraph (1), as of the effective date cumstances) to carry out their mission. fective date). of the employee’s appointment; and (b) RELOCATION PAYMENTS.—Section 407 of SEC. 102. STREAMLINED CRITICAL PAY AUTHOR- ‘‘(B) shall not thereafter cease to be so cred- the Federal Employees Pay Comparability Act of ITY. itable, unless the employee fails to complete a 1990 (5 U.S.C. 5305 note; 104 Stat. 1467) is re- Section 5377 of title 5, United States Code, is full year of continuous service with the agency. pealed. amended— ‘‘(3) An employee shall not be eligible for the (c) REPORTS.— (1) by striking ‘‘Office of Personnel Manage- application of paragraph (1) on the basis of any (1) RECRUITMENT AND RELOCATION BONUSES.— ment’’ each place it appears and inserting ‘‘Of- appointment if, within 90 days before the effec- (A) IN GENERAL.—The Office of Personnel fice of Management and Budget’’; tive date of such appointment, such employee Management shall submit to the Committee on (2) by striking ‘‘Office of Management and has held any position in the civil service.’’. Governmental Affairs of the Senate and the Budget’’ each place it appears and inserting (2) CONFORMING AMENDMENT.—The second Committee on Government Reform of the House ‘‘Office of Personnel Management’’; sentence of section 6303(a) of title 5, United of Representatives annually, for each of the (3) in subsection (g), by striking ‘‘prescribing States Code, is amended by striking the period first 5 years during which section 5753 of title 5, regulations under this section or’’; and and inserting ‘‘, and for all service which is United States Code (as amended by subsection (4) in subsection (h), by striking ‘‘Committee creditable by virtue of subsection (e).’’. (a)(1)) is in effect, a report on the operation of on Post Office and Civil Service’’ and inserting (b) OTHER ANNUAL LEAVE ENHANCEMENTS.— such section. ‘‘Committee on Government Reform’’. Section 6303 of title 5, United States Code, is (B) CONTENTS.—Each report submitted under amended by adding after subsection (e) (as TITLE II—REFORMS RELATING TO FED- this paragraph shall include, with respect to the added by subsection (a)) the following: ERAL EMPLOYEE CAREER DEVELOP- period covered by such report, a description of ‘‘(f) Notwithstanding any other provision of MENT AND BENEFITS how the authority to pay bonuses under the sec- this section, the rate of accrual of annual leave tion of title 5, United States Code, referred to in SEC. 201. AGENCY TRAINING. under subsection (a) shall be 1 day for each full subparagraph (A) was used by the respective (a) TRAINING TO ACCOMPLISH PERFORMANCE biweekly pay period in the case of any employee agencies, including, with respect to each such PLANS AND STRATEGIC GOALS.—Section 4103 of who holds a position which is subject to— agency and each type of bonus under such sec- title 5, United States Code, is amended by add- ‘‘(1) section 5376 or 5383; or tion— ing at the end the following: ‘‘(2) a pay system equivalent to either of the (i) the number and dollar-amount of bonuses ‘‘(c) The head of each agency shall, on a reg- foregoing, as determined by the Office of Per- paid— ular basis— sonnel Management.’’.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00075 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.091 S11PT1 S11266 CONGRESSIONAL RECORD — SENATE October 11, 2004

(c) APPLICABILITY.—None of the amendments rates under the last sentence of paragraph (1)) (3) in section 5334— made by subsection (a) shall apply in the case of which identifies the specific category or cat- (A) in subsection (b), by adding at the end the any employee holding a position pursuant to an egories of employees that will not be covered by following: appointment made before the effective date of special rates authorized under this section. If ‘‘If an employee’s rate after promotion or trans- the regulations implementing such amendments. the head of an agency removes a category of em- fer is greater than the maximum rate of basic SEC. 203. COMPENSATORY TIME OFF FOR TRAVEL. ployees from coverage under a special rate au- pay for the employee’s grade, that rate shall be (a) IN GENERAL.—Subchapter V of chapter 55 thorization after that authorization takes effect, treated as a retained rate under section 5363. of title 5, United States Code, is amended by the loss of coverage will take effect on the first The Office of Personnel Management shall pre- adding at end the following: day of the first pay period after the date of the scribe by regulation the circumstances under notice.’’; ‘‘§ 5550b. Compensatory time off for travel which and the extent to which special rates (B) in subsection (b), by striking paragraph under section 5305 (or similar provision of law) ‘‘(a) Notwithstanding section 5542(b)(2), each (4) and inserting the following: or locality-adjusted rates under section 5304 (or hour spent by an employee in travel status ‘‘(4) any other circumstances which the Office similar provision of law) are considered to be away from the official duty station of the em- of Personnel Management (or such other agency basic pay in applying this subsection.’’; and ployee, that is not otherwise compensable, shall as the President may under the last sentence of (B) by adding at the end the following: be treated as an hour of work or employment for subsection (a)(1) designate) considers appro- ‘‘(g) In the case of an employee who— purposes of calculating compensatory time off. priate.’’; ‘‘(1) moves to a new official duty station, and ‘‘(b) An employee who has any hours treated (C) in subsection (d)— ‘‘(2) by virtue of such move, becomes subject to as hours of work or employment for purposes of (i) by striking ‘‘President’’ and inserting ‘‘Of- a different pay schedule, calculating compensatory time under subsection fice of Personnel Management’’; and any rate adjustment under the preceding provi- (a), shall not be entitled to payment for any (ii) by striking ‘‘or by such agency as he may sions of this section, with respect to such em- such hours that are unused as compensatory designate’’ and inserting ‘‘(or by such other ployee in connection with such move, shall be time.’’. agency as the President may designate under made— (b) CLERICAL AMENDMENT.—The table of sec- the last sentence of subsection (a)(1))’’; ‘‘(A) first, by determining the rate of pay to tions for chapter 55 of title 5, United States (D) in subsection (e), by striking ‘‘basic pay’’ which such employee would be entitled at the Code, is amended by inserting after the item re- and inserting ‘‘pay’’; new official duty station based on such employ- lating to section 5550a the following: (E) by striking subsection (f) and inserting the ee’s position, grade, and step (or relative posi- ‘‘5550b. Compensatory time off for travel.’’. following: tion in the rate range) before the move, and (c) EFFECTIVE DATE.—The amendments made ‘‘(f) When a schedule of special rates estab- ‘‘(B) then, by applying the provisions of this by this section shall take effect on the earlier lished under this section is adjusted under sub- section that would otherwise apply (if any), of— section (d), a covered employee’s special rate treating the rate determined under subpara- (1) the effective date of any regulations pre- will be adjusted in accordance with conversion graph (A) as if it were the rate last received by scribed to carry out such amendments; or rules prescribed by the Office of Personnel Man- the employee before the rate adjustment.’’; (2) the 90th day after the date of the enact- agement (or by such other agency as the Presi- (4) in section 5361— ment of this Act. dent may under the last sentence of subsection (A) by amending paragraph (4) to read as fol- (a)(1) designate).’’; TITLE III—PROVISIONS RELATING TO PAY lows: (F) in subsection (g)(1)— ADMINISTRATION ‘‘(4) ‘rate of basic pay’ means— (i) by striking ‘‘basic pay’’ and inserting ‘‘(A) the rate of basic pay payable to an em- SEC. 301. CORRECTIONS RELATING TO PAY AD- ‘‘pay’’; and ployee under law or regulations before any de- MINISTRATION. (ii) by striking ‘‘President (or his designated ductions or additions of any kind, but includ- (a) IN GENERAL.—Chapter 53 of title 5, United agency)’’ and inserting ‘‘Office of Personnel ing— States Code, is amended— Management (or such other agency as the Presi- ‘‘(i) any applicable locality-based com- (1) in section 5302, by striking paragraph (8) dent may under the last sentence of subsection parability payment under section 5304 or similar and inserting the following: (a)(1) designate)’’; provision of law; ‘‘(8) the term ‘rates of pay under the General (G) by striking subsection (h) and inserting ‘‘(ii) any applicable special pay under section Schedule’, ‘rates of pay for the General Sched- the following: 5305 or similar provision of law; and ule’, or ‘scheduled rates of basic pay’ means the ‘‘(h) An employee shall not for any purpose be ‘‘(iii) subject to such regulations as the Office rates of basic pay under the General Schedule considered to be entitled to a rate of pay estab- of Personnel Management may prescribe, any as established by section 5332, excluding pay lished under this section with respect to any pe- applicable existing retained rate of pay estab- under section 5304 and any other additional pay riod for which such employee is entitled to a lished under section 5363 or similar provision of of any kind; and’’; higher rate of basic pay under any other provi- law; and (2) in section 5305— sion of law. For purposes of this subsection, the ‘‘(B) in the case of a prevailing rate employee, (A) by striking subsection (a) and inserting term ‘basic pay’ includes any applicable local- the scheduled rate of pay determined under sec- the following: ity-based comparability payment under section tion 5343;’’; ‘‘(a)(1) Whenever the Office of Personnel 5304 or similar provision of law.’’; and (B) in paragraph (6), by striking ‘‘and’’ at the Management finds that the Government’s re- (H) by adding at the end the following: end; cruitment or retention efforts with respect to 1 ‘‘(i) If an employee who is receiving a rate of (C) in paragraph (7), by striking the period or more occupations in 1 or more areas or loca- pay under this section becomes subject, by vir- and inserting‘‘; and’’; and tions are, or are likely to become, significantly tue of moving to a new official duty station, to (D) by adding at the end the following: handicapped due to any of the circumstances a different pay schedule, such employee’s new ‘‘(8) ‘retained rate’ means the rate of basic described in subsection (b), the Office may es- rate of pay shall be initially established under pay to which an employee is entitled under sec- tablish for the areas or locations involved, with conversion rules prescribed by the Office of Per- tion 5363(b)(2).’’; respect to individuals in positions paid under sonnel Management (or such other agency as (5) in section 5363— any of the pay systems referred to in subsection the President may under the last sentence of (A) in subsection (a), by striking the matter (c), higher minimum rates of pay for 1 or more subsection (a)(1) designate) in conformance with following paragraph (4) and inserting the fol- grades or levels, occupational groups, series, the following: lowing: classes, or subdivisions thereof, and may make ‘‘(1) First, determine the rate of pay to which ‘‘is entitled to a rate of basic pay in accordance corresponding increases in all rates of the pay such employee would be entitled at the new offi- with regulations prescribed by the Office of Per- range for each such grade or level. However, a cial duty station based on such employee’s posi- sonnel Management in conformity with the pro- minimum rate so established may not exceed the tion, grade, and step (or relative position in the visions of this section.’’; and maximum rate of basic pay (excluding any local- rate range) before the move. (B) by striking subsections (b) and (c) and in- ity-based comparability payment under section ‘‘(2) Then, if (in addition to the change in pay serting the following: 5304 or similar provision of law) for the grade or schedule) the move also involves any personnel ‘‘(b)(1)(A) If, as a result of any event de- level by more than 30 percent, and no rate may action or other change requiring a rate adjust- scribed in subsection (a), the employee’s former be established under this section in excess of the ment under any other provision of law, rule, or rate of basic pay is less than or equal to the rate of basic pay payable for level IV of the Ex- regulation, apply the applicable rate adjustment maximum rate of basic pay payable for the ecutive Schedule. In the case of individuals not provisions, treating the rate determined under grade of the employee’s position immediately subject to the provisions of this title governing paragraph (1) as if it were the rate last received after the occurrence of the event involved, the appointment in the competitive service, the by the employee before the rate adjustment. employee is entitled to basic pay at the lowest President may designate another agency to au- ‘‘(j) A rate determined under a schedule of rate of basic pay payable for such grade that thorize special rates under this section. special rates established under this section shall equals or exceeds such former rate of basic pay. ‘‘(2) The head of an agency may determine be considered to be part of basic pay for pur- ‘‘(B) This section shall cease to apply to an that a category of employees of the agency will poses of subchapter III of chapter 83, chapter employee to whom subparagraph (A) applies not be covered by a special rate authorization 84, chapter 87, subchapter V of chapter 55, and once the appropriate rate of basic pay has been established under this section. The head of an section 5941, and for such other purposes as may determined for such employee under this para- agency shall provide written notice to the Office be expressly provided for by law or as the Office graph. of Personnel Management (or other agency des- of Personnel Management may by regulation ‘‘(2)(A) If, as a result of any event described ignated by the President to authorize special prescribe.’’; in subsection (a), the employee’s former rate of

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00076 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.091 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11267 basic pay is greater than the maximum rate of justed at the time of adjustments in the General Mr. SESSIONS. Madam President, I basic pay payable for the grade of the employ- Schedule to maintain the step linkage set forth ask unanimous consent that the bill be ee’s position immediately after the occurrence of in subsection (b)(2).’’. read a third time and passed, the mo- (c) REPEAL.—Section 4505a(a)(2) of title 5, the event involved, the employee is entitled to tion to reconsider be laid upon the basic pay at a rate equal to the lesser of— United States Code, is amended— ‘‘(i) the employee’s former rate of basic pay; or (1) by striking ‘‘(2)(A)’’ and inserting ‘‘(2)’’; table, and that any statements relating ‘‘(ii) 150 percent of the maximum rate of basic and to the bill be printed in the RECORD. pay payable for the grade of the employee’s po- (2) by striking subparagraph (B). The PRESIDING OFFICER. Without sition immediately after the occurrence of the (d) EFFECTIVE DATE; CONVERSION RULES.— objection, it is so ordered. event involved, (1) EFFECTIVE DATE.—This section shall take The bill (H.R. 3797) was read the third effect on the first day of the first applicable pay as adjusted by subparagraph (B). time and passed. ‘‘(B) A rate to which an employee is entitled period beginning on or after the 180th day after under this paragraph shall be increased at the the date of the enactment of this Act. f time of any increase in the maximum rate of (2) CONVERSION RULES.— (A) INDIVIDUALS RECEIVING A RETAINED RATE INTELLIGENCE AUTHORIZATION basic pay payable for the grade of the employ- OR A RATE GREATER THAN THE MAXIMUM RATE ACT FOR FISCAL YEAR 2005 ee’s position by 50 percent of the dollar amount FOR THE GRADE.—Subject to any regulations the of each such increase. Mr. SESSIONS. Madam President, I ‘‘(3) For purposes of this subsection, the term Office of Personnel Management may prescribe, ask unanimous consent that the Sen- ‘former rate of basic pay’, as used with respect an employee under a covered pay schedule who, ate proceed to the immediate consider- on the day before the effective date of this sec- to an employee in connection with an event de- ation of Calendar No. 619, S. 2386, the scribed in subsection (a), means the rate of basic tion, is receiving a retained rate under section 5363 of title 5, United States Code, or is receiving intelligence authorization bill. pay last received by such employee before the The PRESIDING OFFICER. The occurrence of such event. under similar authority a rate of basic pay that ‘‘(c)(1) Notwithstanding any other provision is greater than the maximum rate of basic pay clerk will report the bill by title. of this section, in the case of an employee who— payable for the grade of the employee’s position The assistant legislative clerk read ‘‘(A) moves to a new official duty station, and shall have that rate converted as of the effective as follows: ‘‘(B) in conjunction with such move, becomes date of this section, and the employee shall be A bill (S. 2386) to authorize appropriations subject to both a different pay schedule and considered to be receiving a retained rate under for fiscal year 2005 for intelligence and intel- (disregarding this subsection) the preceding pro- section 5363 of such title (as amended by this ligence-related activities of the United visions of this section, section). The newly applicable retained rate States Government, the Intelligence Com- this section shall be applied— shall equal the formerly applicable retained rate munity Management Account, and the Cen- ‘‘(i) first, by determining the rate of pay to as adjusted to include any applicable locality- tral Intelligence Agency Retirement and Dis- which such employee would be entitled at the based payment under section 5304 of title 5, ability System, and for other purposes. new official duty station based on such employ- United States Code, or similar provision of law. ee’s position, grade, and step (or relative posi- (B) DEFINITION.—For purposes of this para- There being no objection, the Senate tion in the pay range) before the move, and graph, the term ‘‘covered pay schedule’’ has the proceeded to consider the bill which ‘‘(ii) then, by applying the provisions of this meaning given such term by section 5361 of title had been reported from the Committee section that would apply (if any), treating the 5, United States Code. on Intelligence and the Committee on rate determined under clause (i) as if it were the SEC. 302. TECHNICAL CORRECTIONS. Armed Services, with amendments, as rate last received by the employee before the ap- (a)(1) Section 5304 of title 5, United States follows: plication of this section. Code, as amended by section 1125 of the Na- [Strike the parts shown in black tional Defense Authorization Act for Fiscal ‘‘(2) A reduction in an employee’s rate of basic brackets and insert the parts shown in pay resulting from a determination under para- Year 2004 (Public Law 108–136), is amended— graph (1)(ii) is not a basis for an entitlement (A) in subsection (g)(2)(A), by striking ‘‘(A)– italic] under this section. (D)’’ and inserting ‘‘(A)–(C)’’; and S. 2386 ‘‘(3) The rate of basic pay for an employee (B) in subsection (h)(2)(B)(i), by striking ‘‘or Be it enacted by the Senate and House of Rep- who is receiving a retained rate at the time of (vii)’’ and inserting ‘‘or (vi)’’. resentatives of the United States of America in (2) The amendments made by this subsection moving to a new official duty station at which Congress assembled, different pay schedules apply shall be subject to shall take effect as if included in the enactment of the National Defense Authorization Act for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. regulations prescribed by the Office of Personnel (a) SHORT TITLE.—This Act may be cited as Management consistent with the purposes of Fiscal Year 2004 (Public Law 108–136). (b) Section 5314 of title 5, United States Code, the ‘‘Intelligence Authorization Act for Fis- this section. is amended by adding at the end the following: cal Year 2005’’. ‘‘(d) A retained rate shall be considered part ‘‘Administrator of the Office of Electronic (b) TABLE OF CONTENTS.—The table of con- of basic pay for purposes of this subchapter and Government.’’. tents for this Act is as follows: for purposes of subchapter III of chapter 83, Sec. 1. Short title; table of contents. chapters 84 and 87, subchapter V of chapter 55, Mr. SESSIONS. Madam President, I section 5941, and for such other purposes as may ask unanimous consent that the Sen- TITLE I—INTELLIGENCE ACTIVITIES be expressly provided for by law or as the Office ate concur in the House amendment, Sec. 101. Authorization of appropriations. of Personnel Management may by regulation the motion to reconsider be laid upon Sec. 102. Classified schedule of authoriza- prescribe. The Office shall, for any purpose the table, and that any statements re- tions. other than any of the purposes referred to in the lating to the bill be printed in the Sec. 103. Personnel ceiling adjustments. preceding sentence, prescribe by regulation Sec. 104. Intelligence Community Manage- RECORD. what constitutes basic pay for employees receiv- ment Account. ing a retained rate. The PRESIDING OFFICER. Without Sec. 105. Incorporation of reporting require- ‘‘(e) This section shall not apply, or shall objection, it is so ordered. ments. cease to apply, to an employee who— f Sec. 106. Specific authorization of funds for ‘‘(1) has a break in service of 1 workday or intelligence or intelligence-re- more; 2004 DISTRICT OF COLUMBIA lated activities for which fiscal ‘‘(2) is entitled, by operation of this sub- OMNIBUS AUTHORIZATION ACT year 2004 appropriations exceed chapter, chapter 51 or 53, or any other provision Mr. SESSIONS. Madam President, I amounts authorized. of law, to a rate of basic pay which is equal to ask unanimous consent that the Gov- Sec. 107. Preparation and submittal of reports, or higher than, or declines a reasonable offer of ernmental Affairs Committee be dis- reviews, studies, and plans relat- a position the rate of basic pay for which is ing to intelligence activities of De- equal to or higher than, the retained rate to charged from further consideration of partment of Defense and Depart- which the employee would otherwise be entitled; H.R. 3797 and the Senate proceed to its ment of Energy. or immediate consideration. TITLE II—CENTRAL INTELLIGENCE ‘‘(3) is demoted for personal cause or at the The PRESIDING OFFICER. Without AGENCY RETIREMENT AND DIS- employee’s request.’’; and objection, it is so ordered. The clerk ABILITY SYSTEM (6) in section 5365(b), by inserting after ‘‘pro- will report the bill by title. Sec. 201. Authorization of appropriations. visions of this subchapter’’ the following: ‘‘(sub- The assistant legislative clerk read TITLE III—GENERAL PROVISIONS ject to any conditions or limitations the Office as follows: may establish)’’. Sec. 301. Increase in employee compensation A bill (H.R. 3797) to authorize improve- (b) SPECIAL RATES FOR LAW ENFORCEMENT and benefits authorized by law. ments in the operations of the government of OFFICERS.—Section 403(c) of the Federal Em- Sec. 302. Restriction on conduct of intel- the District of Columbia, and for other pur- ployees Pay Comparability Act of 1990 (5 U.S.C. ligence activities. 5305 note) is amended by striking all after ‘‘pro- poses. Sec. 303. Modification of authority to obli- vision of law)’’ and inserting ‘‘and shall be There being no objection, the Senate gate and expend certain funds basic pay for all purposes. The rates shall be ad- proceeded to consider the bill. for intelligence activities.

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00077 Fmt 4637 Sfmt 0655 E:\CR\FM\A11OC6.091 S11PT1 S11268 CONGRESSIONAL RECORD — SENATE October 11, 2004 Sec. 304. Treatment as agent of a foreign Central Intelligence may authorize employ- purposes shall remain available until Sep- power under the Foreign Intel- ment of civilian personnel in excess of the tember 30, 2007. ligence Surveillance Act of 1978 number authorized for fiscal year 2005 under (2) TRANSFER OF FUNDS.—The Director of of non-United States persons section 102 when the Director of Central In- Central Intelligence shall transfer to the At- who engage in international telligence determines that such action is torney General funds available for the Na- terrorism without affiliation necessary to the performance of important tional Drug Intelligence Center under para- with international terrorist intelligence functions, except that the num- graph (1). The Attorney General shall utilize groups. ber of personnel employed in excess of the funds so transferred for the activities of the Sec. 305. Additional annual reporting re- number authorized under such section may National Drug Intelligence Center. quirements under the Foreign not, for any element of the intelligence com- (3) LIMITATION.—Amounts available for the Intelligence Surveillance Act of munity, exceed 2 percent of the number of ci- National Drug Intelligence Center may not 1978. vilian personnel authorized under such sec- be used in contravention of the provisions of Sec. 306. Repeal of limitation on length of tion for such element. section 103(d)(1) of the National Security Act service as member of the Select (b) NOTICE TO INTELLIGENCE COMMITTEES.— of 1947 (50 U.S.C. 403–3(d)(1)). Committee on Intelligence of The Director of Central Intelligence shall (4) AUTHORITY.—Notwithstanding any the Senate. promptly notify the Select Committee on In- other provision of law, the Attorney General TITLE IV—CENTRAL INTELLIGENCE telligence of the Senate and the Permanent shall retain full authority over the oper- AGENCY Select Committee on Intelligence of the ations of the National Drug Intelligence Cen- House of Representatives whenever the Di- Sec. 401. Permanent extension of Central In- ter. rector exercises the authority granted by SEC. 105. INCORPORATION OF REPORTING RE- telligence Agency voluntary this section. separation incentive program. QUIREMENTS. Sec. 402. Intelligence operations and cover SEC. 104. INTELLIGENCE COMMUNITY MANAGE- (a) IN GENERAL.—Each requirement to sub- MENT ACCOUNT. enhancement authority. mit a report to the congressional intel- (a) AUTHORIZATION OF APPROPRIATIONS.— ligence committees that is included in the TITLE V—DEPARTMENT OF DEFENSE There is authorized to be appropriated for joint explanatory statement to accompany INTELLIGENCE MATTERS the Intelligence Community Management the conference report on the bill ll of the øSec. 501. Repeal of sunset on authority to Account of the Director of Central Intel- One Hundred Eighth Congress, or in the clas- engage in commercial activities ligence for fiscal year 2005 the sum of sified annex to this Act, is hereby incor- as security for intelligence col- $342,995,000. Within such amount, funds iden- porated into this Act, and is hereby made a lection activities.¿ tified in the classified Schedule of Author- requirement in law. Sec. ø502¿ 501. Defense intelligence exemp- izations referred to in section 102(a) for ad- (b) CONGRESSIONAL INTELLIGENCE COMMIT- tion from certain Privacy Act vanced research and development shall re- TEES DEFINED.—In this section, the term requirements. main available until September 30, 2006. ‘‘congressional intelligence committees’’ Sec. ø503¿ 502. Use of funds for counterdrug (b) AUTHORIZED PERSONNEL LEVELS.—The means— and counterterrorism activities elements within the Intelligence Community (1) the Select Committee on Intelligence of for Colombia. Management Account of the Director of Cen- the Senate; and TITLE I—INTELLIGENCE ACTIVITIES tral Intelligence are authorized 310 full-time (2) the Permanent Select Committee on In- personnel as of September 30, 2005. Personnel SEC. 101. AUTHORIZATION OF APPROPRIATIONS. telligence of the House of Representatives. serving in such elements may be permanent Funds are hereby authorized to be appro- SEC. 106. SPECIFIC AUTHORIZATION OF FUNDS employees of the Intelligence Community priated for fiscal year 2005 for the conduct of FOR INTELLIGENCE OR INTEL- Management Account or personnel detailed LIGENCE-RELATED ACTIVITIES FOR the intelligence and intelligence-related ac- from other elements of the United States WHICH FISCAL YEAR 2004 APPRO- tivities of the following elements of the Government. PRIATIONS EXCEED AMOUNTS AU- United States Government: (c) CLASSIFIED AUTHORIZATIONS.— THORIZED. (1) The Central Intelligence Agency. (1) AUTHORIZATION OF APPROPRIATIONS.—In Funds appropriated for an intelligence or (2) The Department of Defense. addition to amounts authorized to be appro- intelligence-related activity of the United (3) The Defense Intelligence Agency. priated for the Intelligence Community Man- States Government for fiscal year 2004 in ex- (4) The National Security Agency. agement Account by subsection (a), there are cess of the amount specified for such activity (5) The Department of the Army, the De- also authorized to be appropriated for the In- in the classified Schedule of Authorizations partment of the Navy, and the Department telligence Community Management Account prepared to accompany the Intelligence Au- of the Air Force. for fiscal year 2005 such additional amounts thorization Act for Fiscal Year 2004 (Public (6) The Department of State. as are specified in the classified Schedule of Law 108–177; 117 Stat. 2599) shall be deemed (7) The Department of the Treasury. Authorizations referred to in section 102(a). to be specifically authorized by Congress for (8) The Department of Energy. Such additional amounts for research and purposes of section 504(a)(3) of the National (9) The Department of Justice. development shall remain available until Security Act of 1947 (50 U.S.C. 414(a)(3)). (10) The Federal Bureau of Investigation. September 30, 2006. SEC. 107. PREPARATION AND SUBMITTAL OF RE- (11) The National Reconnaissance Office. PORTS, REVIEWS, STUDIES, AND (2) AUTHORIZATION OF PERSONNEL.—In addi- (12) The National Geospatial-Intelligence PLANS RELATING TO INTELLIGENCE tion to the personnel authorized by sub- ACTIVITIES OF DEPARTMENT OF DE- Agency. section (b) for elements of the Intelligence (13) The Coast Guard. FENSE AND DEPARTMENT OF EN- Community Management Account as of Sep- ERGY. (14) The Department of Homeland Secu- tember 30, 2005, there are also authorized (a) CONSULTATION IN PREPARATION.—(1) The rity. such additional personnel for such elements Director of Central Intelligence shall ensure SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- as of that date as are specified in the classi- that any report, review, study, or plan required TIONS. fied Schedule of Authorizations. to be prepared or conducted by a provision of (a) SPECIFICATIONS OF AMOUNTS AND PER- (d) REIMBURSEMENT.—Except as provided in this Act, including a provision of the classified SONNEL CEILINGS.—The amounts authorized section 113 of the National Security Act of Schedule of Authorizations referred to in section to be appropriated under section 101, and the 1947 (50 U.S.C. 404h), during fiscal year 2005 102(a) or the classified annex to this Act, that authorized personnel ceilings as of Sep- any officer or employee of the United States involves the intelligence or intelligence-related tember 30, 2005, for the conduct of the intel- or a member of the Armed Forces who is de- activities of the Department of Defense or the ligence and intelligence-related activities of tailed to the staff of the Intelligence Com- Department of Energy is prepared or conducted the elements listed in such section, are those munity Management Account from another in consultation with the Secretary of Defense or specified in the classified Schedule of Au- element of the United States Government the Secretary of Energy, as appropriate. thorizations prepared to accompany the con- shall be detailed on a reimbursable basis, ex- (2) The Secretary of Defense or the Secretary ference report on the bill ll of the One cept that any such officer, employee, or of Energy may carry out any consultation re- Hundred Eighth Congress. member may be detailed on a nonreimburs- quired by this subsection through an official of (b) AVAILABILITY OF CLASSIFIED SCHEDULE able basis for a period of less than one year the Department of Defense or the Department of OF AUTHORIZATIONS.—The Schedule of Au- for the performance of temporary functions Energy, as the case may be, designated by such thorizations shall be made available to the as required by the Director of Central Intel- Secretary for that purpose. Committees on Appropriations of the Senate ligence. (b) SUBMITTAL.—Any report, review, study, or and House of Representatives and to the (e) NATIONAL DRUG INTELLIGENCE CENTER.— plan referred to in subsection (a) shall be sub- President. The President shall provide for (1) IN GENERAL.—Of the amount authorized mitted, in addition to any other committee of suitable distribution of the Schedule, or of to be appropriated in subsection (a), Congress specified for submittal in the provision appropriate portions of the Schedule, within $34,911,000 shall be available for the National concerned, to the following committees of Con- the executive branch. Drug Intelligence Center. Within such gress: SEC. 103. PERSONNEL CEILING ADJUSTMENTS. amount, funds provided for research, devel- (1) The Committee on Armed Services, the (a) AUTHORITY FOR ADJUSTMENTS.—With opment, testing, and evaluation purposes Subcommittee on Defense of the Committee on the approval of the Director of the Office of shall remain available until September 30, Appropriations, and the Select Committee on In- Management and Budget, the Director of 2006, and funds provided for procurement telligence of the Senate.

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00078 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.071 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11269 (2) The Committee on Armed Services, and the ‘‘(A) electronic surveillance under section (2) Section 4(a)(2)(B)(ii) of the Federal Subcommittee on Defense of the Committee on 105; Workforce Restructuring Act of 1994 (5 Appropriations, and the Permanent Select Com- ‘‘(B) physical searches under section 304; U.S.C. 8331 note) is amended by striking ‘‘, or mittee on Intelligence of the House of Represent- ‘‘(C) pen registers under section 402; and section 2 of the Central Intelligence Agency atives. ‘‘(D) access to records under section 501; Voluntary Separation Pay Act (Public Law TITLE II—CENTRAL INTELLIGENCE AGEN- ‘‘(2) the number of individuals covered by 103–36; 107 Stat. 104)’’. CY RETIREMENT AND DISABILITY SYS- an order issued under this Act who were de- SEC. 402. INTELLIGENCE OPERATIONS AND TEM termined pursuant to activities authorized COVER ENHANCEMENT AUTHORITY. The Central Intelligence Agency Act of SEC. 201. AUTHORIZATION OF APPROPRIATIONS. by this Act to have acted wholly alone in the activities covered by such order; 1949 (50 U.S.C. 403a et seq.) is amended by There is authorized to be appropriated for adding at the end the following: the Central Intelligence Agency Retirement ‘‘(3) the number of times that the Attorney and Disability Fund for fiscal year 2005 the General has authorized that information ob- ‘‘INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY sum of $239,400,000. tained under this Act may be used in a criminal proceeding or any information de- ‘‘SEC. 23. (a) DEFINITIONS.—In this section— TITLE III—GENERAL PROVISIONS rived therefrom may be used in a criminal ‘‘(1) the term ‘designated employee’ means SEC. 301. INCREASE IN EMPLOYEE COMPENSA- proceeding; and an employee designated by the Director TION AND BENEFITS AUTHORIZED ‘‘(4) in a manner consistent with the pro- under subsection (b); and BY LAW. Appropriations authorized by this Act for tection of the national security of the United ‘‘(2) the term ‘Federal retirement system’ salary, pay, retirement, and other benefits States— includes the Central Intelligence Agency Re- tirement and Disability System, and the for Federal employees may be increased by ‘‘(A) the portions of the documents and ap- Federal Employees Retirement System (in- such additional or supplemental amounts as plications filed with the courts established cluding the Thrift Savings Plan). may be necessary for increases in such com- under section 103 that include significant ‘‘(b) IN GENERAL.— pensation or benefits authorized by law. construction or interpretation of the provi- sions of this Act, not including the facts of ‘‘(1) AUTHORITY.—Notwithstanding any SEC. 302. RESTRICTION ON CONDUCT OF INTEL- any particular matter, which may be re- other provision of law, the Director may ex- LIGENCE ACTIVITIES. ercise the authorities under this section in The authorization of appropriations by dacted; and order to— this Act shall not be deemed to constitute ‘‘(B) the portions of the opinions and or- ‘‘(A) protect from unauthorized disclo- authority for the conduct of any intelligence ders of the courts established under section 103 that include significant construction or sure— activity which is not otherwise authorized ‘‘(i) intelligence operations; by the Constitution or the laws of the United interpretation of the provisions of this Act, not including the facts of any particular ‘‘(ii) the identities of undercover intel- States. ligence officers; SEC. 303. MODIFICATION OF AUTHORITY TO OB- matter, which may be redacted. ‘‘(b) The first report under this section ‘‘(iii) intelligence source and methods; or LIGATE AND EXPEND CERTAIN ‘‘(iv) intelligence cover mechanisms; or FUNDS FOR INTELLIGENCE ACTIVI- shall be submitted not later than six months TIES. after the date of the enactment of this Intel- ‘‘(B) meet the special requirements of work Section 504(a)(3) of the National Security ligence Authorization Act for Fiscal Year related to collection of foreign intelligence Act of 1947 (50 U.S.C. 414(a)(3)) is amended— 2005. Subsequent reports under this section or other authorized activities of the Agency. (1) in subparagraph (A), by inserting ‘‘and’’ shall be submitted annually thereafter. ‘‘(2) DESIGNATION OF EMPLOYEES.—The Di- at the end; ‘‘(c) In this section, the term ‘appropriate rector may designate any employee of the (2) by striking subparagraph (B); and committees of Congress’ means— Agency who is under nonofficial cover to be (3) by redesignating subparagraph (C) as ‘‘(1) the Select Committee on Intelligence an employee to whom this section applies. subparagraph (B). and the Committee on the Judiciary of the Such designation may be made with respect SEC. 304. TREATMENT AS AGENT OF A FOREIGN Senate; and to any or all authorities exercised under this POWER UNDER THE FOREIGN INTEL- ‘‘(2) the Permanent Select Committee on section. LIGENCE SURVEILLANCE ACT OF Intelligence and the Committee on the Judi- ‘‘(c) COMPENSATION.—The Director may pay 1978 OF NON-UNITED STATES PER- ciary of the House of Representatives.’’. a designated employee salary, allowances, SONS WHO ENGAGE IN INTER- (b) CLERICAL AMENDMENT.—The table of and other benefits in an amount and in a NATIONAL TERRORISM WITHOUT AF- contents for that Act is amended by striking manner consistent with the nonofficial cover FILIATION WITH INTERNATIONAL the items relating to title VI and inserting of that employee, without regard to any lim- TERRORIST GROUPS. the following new items: itation that is otherwise applicable to a Fed- (a) IN GENERAL.—Section 101(b)(1) of the eral employee. A designated employee may ‘‘TITLE VI—REPORTING REQUIREMENT Foreign Intelligence Surveillance Act of 1978 accept, utilize, and, to the extent authorized (50 U.S.C. 1801(b)(1)) is amended by adding at ‘‘Sec. 601. Annual report of the Attorney by regulations prescribed under subsection the end the following new subparagraph: General. (i), retain any salary, allowances, and other ‘‘(C) engages in international terrorism or ‘‘TITLE VII—EFFECTIVE DATE benefits provided under this section. activities in preparation therefor; or’’. ‘‘Sec. 701. Effective date.’’. ‘‘(d) RETIREMENT BENEFITS.— (b) SUNSET.—The amendment made by sub- SEC. 306. REPEAL OF LIMITATION ON LENGTH OF ‘‘(1) IN GENERAL.—The Director may estab- section (a) shall be subject to the sunset pro- SERVICE AS MEMBER OF THE SE- lish and administer a nonofficial cover em- vision in section 224 of the USA PATRIOT LECT COMMITTEE ON INTEL- ployee retirement system under which a des- Act of 2001 (Public Law 107–56; 115 Stat. 295), LIGENCE OF THE SENATE. ignated employee (and the spouse, former including the exception provided in sub- (a) REPEAL.—Section 2 of Senate Resolu- spouses, and survivors of such designated section (b) of such section 224. tion 400 (94th Congress) is amended— employee) shall receive treatment in the SEC. 305. ADDITIONAL ANNUAL REPORTING RE- (1) by striking subsection (b); and same manner and to the same extent as the QUIREMENTS UNDER THE FOREIGN (2) by redesignating subsection (c) as sub- Federal retirement system that would other- INTELLIGENCE SURVEILLANCE ACT section (b). wise apply to such employee (and the spouse, OF 1978. (b) RULES OF THE SENATE.—Subsection (a) former spouses, and survivors of that em- (a) ADDITIONAL REPORTING REQUIRE- is enacted— ployee). A designated employee may not par- MENTS.—The Foreign Intelligence Surveil- (1) as an exercise of the rulemaking power ticipate in the retirement system estab- lance Act of 1978 (50 U.S.C. 1801 et seq.) is of the Senate; and lished under this paragraph and another Fed- amended— (2) with full recognition of the constitu- eral retirement system at the same time. (1) by redesignating title VI as title VII; tional right of the Senate to change the ‘‘(2) CONVERSION TO OTHER FEDERAL RETIRE- (2) by redesignating section 601 as section rules of the Senate at any time and to the MENT SYSTEM.— 701; and same extent as in the case of any other rule ‘‘(A) IN GENERAL.—A designated employee (3) by inserting after title V the following of the Senate. participating in the retirement system es- new title VI: TITLE IV—CENTRAL INTELLIGENCE tablished under paragraph (1) may convert to ‘‘TITLE VI—REPORTING REQUIREMENT AGENCY coverage under the Federal retirement sys- ‘‘ANNUAL REPORT OF THE ATTORNEY GENERAL SEC. 401. PERMANENT EXTENSION OF CENTRAL tem which would otherwise apply to that ‘‘SEC. 601. (a) In addition to the reports re- INTELLIGENCE AGENCY VOLUNTARY employee at any appropriate time deter- quired by sections 107, 108, 306, 406, and 502 in SEPARATION INCENTIVE PROGRAM. mined by the Director (including at the time April each year, the Attorney General shall (a) IN GENERAL.—Section 2 of the Central of separation of service by reason of retire- submit to the appropriate committees of Intelligence Agency Voluntary Separation ment), if the Director determines that the Congress each year a report setting forth Pay Act (50 U.S.C. 403–4 note) is amended— employee’s participation in the retirement with respect to the one-year period ending (1) by striking subsection (f); and system established under this subsection is on the date of such report— (2) by redesignating subsections (g) and (h) no longer necessary to protect from unau- ‘‘(1) the aggregate number of non-United as subsections (f) and (g), respectively. thorized disclosure— States persons targeted for orders issued (b) TERMINATION OF FUNDS REMITTANCE RE- ‘‘(i) intelligence operations; under this Act, including a break-down of QUIREMENT.—(1) Section 2 of such Act is fur- ‘‘(ii) the identities of undercover intel- those targeted for— ther amended by striking subsection (i). ligence officers;

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.071 S11PT1 S11270 CONGRESSIONAL RECORD — SENATE October 11, 2004

‘‘(iii) intelligence sources and methods; or ‘‘(B) CONVERSION TREATMENT.—Upon a con- ‘‘(2) could expose that employee to detec- ‘‘(iv) intelligence cover mechanisms. version under this paragraph— tion as a Federal employee. ‘‘(B) CONVERSION TREATMENT.—Upon a con- ‘‘(i) the employee (and family, if applica- ‘‘(h) TAXATION AND SOCIAL SECURITY.— version under this paragraph— ble) shall be entitled to immediate enroll- ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(i) all periods of service under the retire- ment and coverage under chapter 89 of title other provision of law, a designated em- ment system established under this sub- 5, United States Code; ployee— section shall be deemed periods of creditable ‘‘(ii) any requirement of prior enrollment ‘‘(A) shall file a Federal or State tax re- service under the applicable Federal retire- in a health benefits plan under chapter 89 of turn as if that employee is not a Federal em- ment system; that title for continuation of coverage pur- ployee and may claim and receive the benefit ‘‘(ii) the Director shall transmit an poses shall not apply; of any exclusion, deduction, tax credit, or amount for deposit in any applicable fund of ‘‘(iii) the employee shall be deemed to have other tax treatment that would otherwise that Federal retirement system that— had coverage under chapter 89 of that title apply if that employee was not a Federal em- ‘‘(I) is necessary to cover all employee and from the first opportunity to enroll for pur- ployee, if the Director determines that tak- agency contributions including— poses of continuing coverage as an annu- ing any action under this paragraph is nec- ‘‘(aa) interest as determined by the head of itant; and essary to— the agency administering the Federal retire- ‘‘(iv) the Director shall transmit an ‘‘(i) protect from unauthorized disclosure— ment system into which the employee is con- amount for deposit in the Employees Health ‘‘(I) intelligence operations; verting; or Benefits Fund that is necessary to cover any ‘‘(II) the identities of undercover intel- ‘‘(bb) in the case of an employee converting costs of such conversion. ligence officers; into the Federal Employee’s Retirement ‘‘(C) TRANSMITTED AMOUNTS.—Any amount ‘‘(III) intelligence source and methods; or System, interest as determined under sec- described under subparagraph (B)(iv) shall be ‘‘(IV) intelligence cover mechanisms; and tion 8334(e) of title 5, United States Code; paid from the fund or appropriation used to ‘‘(ii) meet the special requirements of work and pay the designated employee. related to collection of foreign intelligence ‘‘(II) ensures that such conversion does not ‘‘(f) LIFE INSURANCE BENEFITS.— or other authorized activities of the Agency; result in any unfunded liability to that fund; ‘‘(1) IN GENERAL.—The Director may estab- and and lish and administer a nonofficial cover em- ‘‘(B) shall receive social security benefits ‘‘(iii) in the case of a designated employee ployee life insurance program under which a based on the social security contributions who participated in a retirement system es- designated employee (and the family of such made. tablished under paragraph (1) similar to sub- designated employee) shall receive treat- ‘‘(2) IRS REVIEW.—The Director shall estab- chapter III of chapter 84 of title 5, United ment in the same manner and to the same lish procedures to carry out this subsection. States Code, and is converting to coverage extent as provided under chapter 87 of title 5, The procedures shall be subject to periodic under subchapter III of that chapter, the Di- United States Code. A designated employee review by the Internal Revenue Service. rector shall transmit all amounts of that may not participate in the life insurance ‘‘(i) REGULATIONS.—The Director shall pre- designated employee in that similar retire- program established under this paragraph scribe regulations to carry out this section. ment system (or similar part of that retire- and the program under chapter 87 of title 5, The regulations shall ensure that the com- ment system) to the Thrift Savings Fund. United States Code, at the same time. bination of salary, allowances, and benefits ‘‘(C) TRANSMITTED AMOUNTS.— ‘‘(2) CONVERSION TO FEDERAL EMPLOYEES that an employee designated under this sec- ‘‘(i) IN GENERAL.—Amounts described under GROUP LIFE INSURANCE PROGRAM.— tion may retain does not significantly ex- subparagraph (B)(ii) shall be paid from the ‘‘(A) IN GENERAL.—A designated employee ceed, except to the extent determined by the fund or appropriation used to pay the des- participating in the life insurance program Director to be necessary to exercise the au- ignated employee. established under paragraph (1) may convert thority in subsection (b), the combination of ‘‘(ii) OFFSET.—The Director may use to coverage under the program under chapter salary, allowances, and benefits otherwise amounts contributed by the designated em- 87 of title 5, United States Code, at any ap- received by Federal employees not des- ployee to a retirement system established propriate time determined by the Director ignated under this section. under paragraph (1) to offset amounts paid (including at the time of separation of serv- ‘‘(j) FINALITY OF DECISIONS.—Any deter- under clause (i). ice by reason of retirement), if the Director minations authorized by this section made ‘‘(D) RECORDS.—The Director shall trans- determines that the employee’s participa- by the Director or the Director’s designee mit all necessary records relating to a des- tion in the life insurance program estab- shall be final and conclusive and shall not be ignated employee who converts to a Federal lished under this subsection is no longer nec- subject to review by any court. retirement system under this paragraph (in- essary to protect from unauthorized disclo- ‘‘(k) SUBSEQUENTLY ENACTED LAWS.—No cluding records relating to periods of service sure— law enacted after the effective date of this which are deemed to be periods of creditable ‘‘(i) intelligence operations; section shall affect the authorities and pro- service under subparagraph (B)) to the head ‘‘(ii) the identities of undercover intel- visions of this section unless such law spe- of the agency administering that Federal re- ligence officers; cifically refers to this section.’’. tirement system. ‘‘(iii) intelligence sources and methods; or TITLE V—DEPARTMENT OF DEFENSE ‘‘(e) HEALTH INSURANCE BENEFITS.— ‘‘(iv) intelligence cover mechanisms. INTELLIGENCE MATTERS ‘‘(1) IN GENERAL.—The Director may estab- ‘‘(B) CONVERSION TREATMENT.—Upon a con- ø lish and administer a nonofficial cover em- version under this paragraph— SEC. 501. REPEAL OF SUNSET ON AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVI- ployee health insurance program under ‘‘(i) the employee (and family, if applica- which a designated employee (and the family TIES AS SECURITY FOR INTEL- ble) shall be entitled to immediate coverage LIGENCE COLLECTION ACTIVITIES. of such designated employee) shall receive under chapter 87 of title 5, United States øSection 431(a) of title 10, United States treatment in the same manner and to the Code; Code, is amended by striking the second sen- same extent as provided under chapter 89 of ‘‘(ii) any requirement of prior enrollment tence.¿ title 5, United States Code. A designated em- in a life insurance program under chapter 87 SEC. ø502¿ 501. DEFENSE INTELLIGENCE EXEMP- ployee may not participate in the health in- of that title for continuation of coverage TION FROM CERTAIN PRIVACY ACT surance program established under this para- purposes shall not apply; REQUIREMENTS. graph and the program under chapter 89 of ‘‘(iii) the employee shall be deemed to have Section 552a(e)(3) of title 5, United States title 5, United States Code, at the same time. had coverage under chapter 87 of that title Code, shall not apply with respect to the col- ‘‘(2) CONVERSION TO FEDERAL EMPLOYEES for the full period of service during which lection of information by intelligence per- HEALTH BENEFITS PROGRAM.— the employee would have been entitled to be sonnel of the Department of Defense who are ‘‘(A) IN GENERAL.—A designated employee insured for purposes of continuing coverage authorized by the Secretary of Defense to participating in the health insurance pro- as an annuitant; and collect intelligence from human sources. gram established under paragraph (1) may ‘‘(iv) the Director shall transmit an SEC. ø503¿ 502. USE OF FUNDS FOR convert to coverage under the program under amount for deposit in the Employees Life In- COUNTERDRUG AND COUNTER- chapter 89 of title 5, United States Code, at surance Fund that is necessary to cover any TERRORISM ACTIVITIES FOR CO- any appropriate time determined by the Di- costs of such conversion. LOMBIA. rector (including at the time of separation of ‘‘(C) TRANSMITTED AMOUNTS.—Any amount (a) AUTHORITY.—Funds designated for in- service by reason of retirement), if the Di- described under subparagraph (B)(iii) shall telligence or intelligence-related purposes rector determines that the employee’s par- be paid from the fund or appropriation used for assistance to the Government of Colom- ticipation in the health insurance program to pay the designated employee. bia for counterdrug activities for fiscal year established under this subsection is no ‘‘(g) EXEMPTION FROM CERTAIN REQUIRE- 2005, and any unobligated funds available to longer necessary to protect from unauthor- MENTS.—The Director may exempt a des- any element of the intelligence community ized disclosure— ignated employee from mandatory compli- for such activities for a prior fiscal year, ‘‘(i) intelligence operations; ance with any Federal regulation, rule, shall be available— ‘‘(ii) the identities of undercover intel- standardized administrative policy, process, (1) to support a unified campaign by the ligence officers; or procedure that the Director determines— Government of Colombia against narcotics ‘‘(iii) intelligence sources and methods; or ‘‘(1) would be inconsistent with the non- trafficking and against activities by organi- ‘‘(iv) intelligence cover mechanisms. official cover of that employee; and zations designated as terrorist organizations

VerDate Aug 04 2004 02:34 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.071 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11271 (such as the Revolutionary Armed Forces of SEC. 308. ADDITIONAL EXTENSION OF DEADLINE laid upon the table, and that any state- Colombia (FARC), the National Liberation FOR FINAL REPORT OF THE NA- ments relating to the bill be printed in TIONAL COMMISSION FOR THE RE- Army (ELN), and the United Self-Defense the RECORD. Forces of Colombia (AUC)); and VIEW OF THE RESEARCH AND DE- VELOPMENT PROGRAMS OF THE The PRESIDING OFFICER. Without (2) to take actions to protect human health UNITED STATES INTELLIGENCE and welfare in emergency circumstances, in- objection, it is so ordered. COMMUNITY. The bill (H.R. 4306) was read the third cluding undertaking rescue operations. Section 1007(a) of the Intelligence Author- (b) APPLICABILITY OF CERTAIN LAWS AND ization Act for Fiscal Year 2003 (Public Law time and passed. LIMITATIONS.—The use of funds pursuant to 107–306; 50 U.S.C. 401 note) is amended by f the authority in subsection (a) shall be sub- striking ‘‘September 1, 2004’’ and inserting AMENDING AND AUTHORIZING ject to the following: ‘‘September 1, 2005’’. JOHN F. KENNEDY CENTER ACT (1) Sections 556, 567, and 568 of the Foreign SEC. 309. FOUR-YEAR EXTENSION OF PUBLIC IN- Operations, Export Financing, and Related TEREST DECLASSIFICATION BOARD. AND JOHN F. KENNEDY CENTER Programs Appropriations Act, 2002 (Public Section 710(b) of the Public Interest De- FOR PERFORMING ARTS Law 107–115; 115 Stat. 2160, 2165, and 2166). classification Act of 2000 (title VII of Public Mr. SESSIONS. I ask unanimous con- (2) Section 8077 of the Department of De- Law 106–567; 114 Stat. 2856; 50 U.S.C. 435 note) sent that the Senate now proceed to fense Appropriations Act, 2004 (Public Law is amended by striking ‘‘4 years’’ and insert- consideration of H.R. 5294, which is at 108–87; 117 Stat. 1090). ing ‘‘8 years’’. (3) The numerical limitations on the num- On page 19, strike lines 7 through 15 and in- the desk. ber of United States military personnel and sert the following: The PRESIDING OFFICER. The United States individual civilian contractors ‘‘(1) IN GENERAL.—The Director may estab- clerk will report the bill by title. in section 3204(b)(1) of the Emergency Sup- lish and administer a nonofficial cover em- The assistant legislative clerk read plemental Act, 2000 (division B of Public Law ployee retirement system for designated em- as follows: 106–246; 114 Stat. 575), as amended by the For- ployees (and the spouse, former spouses, and A bill (H.R. 5294) to amend the John F. eign Operations, Export Financing, and Re- survivors of such designated employees). A Kennedy Center Act to authorize appropria- lated Programs Appropriations Act, 2002 (115 des- tions for the John F. Kennedy Center for the Stat. 2131). On page 21, strike line 18 and all that fol- Performing Arts, and for other purposes. (c) LIMITATION ON PARTICIPATION OF UNITED lows through page 22, line 1, and insert the STATES PERSONNEL.—No United States following: There being no objection, the Senate Armed Forces personnel or United States ci- ‘‘(iii) in the case of a designated employee proceeded to consider the bill. vilian contractor employed by the United who participated in an employee investment Mr. SESSIONS. I ask unanimous con- States Armed Forces will participate in any retirement system established under para- sent that the bill be read a third time combat operation in connection with assist- graph (1) and is converted to coverage under and passed, the motion to reconsider be ance made available under this section, ex- subchapter III of chapter 84 of title 5, United laid upon the table, and any state- cept for the purpose of acting in self defense States Code, the Director may transmit any ments relating to the bill be printed in or during the course of search and rescue op- or all amounts of that designated employee the RECORD. in that employee investment retirement sys- erations for United States citizens. The PRESIDING OFFICER. Without Mr. SESSIONS. Madam President, I tem (or similar On page 22, strike line 24 and all that fol- objection, it is so ordered. ask unanimous consent that the com- lows through page 23, line 5, and insert the The bill (H.R. 5294) was read the third mittee amendments be agreed to, that following: time and passed. the amendments that are at the desk ‘‘(1) IN GENERAL.—The Director may estab- f be agreed to, that the bill, as amended, lish and administer a nonofficial cover em- be read a third time and passed, the ployee health insurance program for des- IMPROVING ACCESS TO PHYSI- motions to reconsider be laid upon the ignated employees (and the family of such CIANS IN MEDICALLY UNDER- table en bloc, and that any statements designated employees). A designated em- SERVED AREAS ployee Mr. SESSIONS. I ask unanimous con- relating to the bill be printed in the On page 25, strike lines 6 through 12 and in- RECORD. sert the following: sent that the Senate proceed to the im- The PRESIDING OFFICER. Without ‘‘(1) IN GENERAL.—The Director may estab- mediate consideration of Calendar No. objection, it is so ordered. lish and administer a nonofficial cover em- 775, S. 2302. The committee amendments were ployee life insurance program for designated The PRESIDING OFFICER. The agreed to. employees (and the family of such des- clerk will report the bill by title. ignated employees). A designated employee The amendments (Nos. 4059 and 4060) The assistant legislative clerk read may not as follows: were agreed to, as follows: On page 27, line 8, strike ‘‘(B)(iii)’’ and in- A bill (S. 2302) to improve access to physi- AMENDMENT NO. 4059 sert ‘‘(B)(iv)’’. On page 30, strike lines 10 through 16. cians in medically underserved areas. (Purpose: To strike section 306, relating to a The bill (S. 2386), as amended, was There being no objection, the Senate repeal of the limitation on the length of proceeded to consider the bill which service as a member of the Select Com- read the third time and passed, as fol- mittee on Intelligence of the Senate) lows: had been reported from the Committee on the Judiciary, with an amendment On page 16, strike lines 1 through 16. (The bill will be printed in a future edition of the RECORD.) to strike all after the enacting clause AMENDMENT NO. 4060 and insert in lieu thereof the following: f On page 9, line 16, add at the end the fol- [Strike the part in black brackets lowing: ‘‘Such funds shall remain available AMENDING SECTION OF IMMIGRA- and insert in lieu thereof the part until September 30, 2005.’’. TION AND NATIONALITY ACT printed in italic.] On page 16, between lines 16 and 17, insert S. 2302 the following: Mr. SESSIONS. I ask unanimous con- sent that the Senate proceed to the im- Be it enacted by the Senate and House of Rep- SEC. 307. INTELLIGENCE ASSESSMENT ON SANC- resentatives of the United States of America in TUARIES FOR TERRORISTS. mediate consideration of H.R. 4306, which is at the desk. Congress assembled, (a) ASSESSMENT REQUIRED.—Not later than The PRESIDING OFFICER. The øSECTION 1. WAIVER OF FOREIGN COUNTRY RES- the date specified in subsection (b), the Di- IDENCE REQUIREMENT WITH RE- rector of Central Intelligence shall submit to clerk will report the bill by title. SPECT TO INTERNATIONAL MEDICAL Congress an intelligence assessment that The assistant legislative clerk read GRADUATES. identifies and describes each country or re- as follows: ø(a) EXTENSION OF DEADLINE.—Section gion that is a sanctuary for terrorists or ter- A bill (H.R. 4306) to amend Section 274A of 220(c) of the Immigration and Nationality rorist organizations. The assessment shall be the Immigration and Nationality Act to im- Technical Corrections Act of 1994 (8 U.S.C. based on current all-source intelligence. prove the process for verifying an individ- 1182 note) (as amended by section 11018 of (b) SUBMITTAL DATE.—The date of the sub- ual’s eligibility for employment. Public Law 107–273) is amended by striking mittal of the intelligence assessment re- There being no objection, the Senate ‘‘2004.’’ and inserting ‘‘2009.’’. quired by subsection (a) shall be the earlier ø(b) DESIGNATION OF HEALTH PROFESSIONAL of— proceeded to consider the bill. SHORTAGE AREAS BY STATE AGENCIES.—Sec- (1) the date that is six months after the Mr. SESSIONS. I ask unanimous con- tion 214(l)(1)(D) of the Immigration and Na- date of the enactment of this Act; or sent that the bill be read a third time tionality Act (8 U.S.C. 1184(l)(1)(D)) is (2) June 1, 2005. and passed, the motion to reconsider be amended—

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.071 S11PT1 S11272 CONGRESSIONAL RECORD — SENATE October 11, 2004 ø(1) by striking ‘‘professionals,’’ and in- passed, the motions to reconsider be We have had this kind of growth. So we serting ‘‘professionals or in other shortage laid upon the table, with no inter- have had a good, rising trend in em- locations specified by a State department of vening action or debate, and any state- ployment. public health (or its equivalent),’’; and In this recession, this is what has ø ments relating to the bill be printed in (2) by striking ‘‘in a geographic area des- happened to employment. There is a ignated by the Secretary.’’ and inserting ‘‘in the RECORD. such a geographic area or other shortage lo- The PRESIDING OFFICER. Without huge gap here in terms of the recovery cation.’’. objection, it is so ordered. with respect to jobs. That is why we ø(c) EXEMPTION FROM H–1B NUMERICAL LIM- The committee amendment in the are so concerned about jobs. That is ITATIONS.—Section 214(l)(2)(A) of the Immi- nature of a substitute was agreed to. why we continuously stress that point. gration and Nationality Act (8 U.S.C. The bill (S. 2302), as amended, was This figure was underscored earlier 1184(l)(2)(A)) is amended by adding at the end read the third time and passed. in the conversation we had about the the following: ‘‘The numerical limitations Mr. SESSIONS. Madam President, I number of long-term unemployed, contained in subsection (g)(1)(A) shall not believe that is all I have. I yield the which has jumped so substantially. One apply to any alien whose status is changed floor. question becomes, Why are we not get- under the preceding sentence, if the alien ob- The PRESIDING OFFICER. The Sen- tained a waiver of the 2-year foreign resi- ting the jobs? I think one answer to dence requirement upon a request by an in- ator from Maryland. that is to be found in these two charts. terested State agency.’’.¿ Mr. SARBANES. Madam President, I What we see in recent years is a sharp SECTION 1. MODIFICATION OF VISA REQUIRE- was struck by the fact that when my increase in productivity. In other MENTS WITH RESPECT TO INTER- colleague from Alabama presented his words, that is what a worker can NATIONAL MEDICAL GRADUATES. chart on economic growth, it stopped produce for each hour of work. But we (a) EXTENSION OF DEADLINE.— at the end of last year and did not do not see an increase in worker wages. (1) IN GENERAL.—Section 220(c) of the Immi- carry forward into this year. Of course, Productivity is growing much faster gration and Nationality Technical Corrections had it carried forward into this year, it Act of 1994 (8 U.S.C. 1182 note) (as amended by than worker wages. The workers who section 11018 of Public Law 107–273) is amended would have shown a declining trend in are producing more for each hour by striking ‘‘2004.’’ and inserting ‘‘2006.’’. economic growth and that is a matter, worked are, in effect, not sharing in (2) EFFECTIVE DATE.—The amendment made obviously, of very deep concern. In the benefits and their wages are run- by paragraph (1) shall take effect as if enacted fact, there was a story last week, a ning virtually constant. on May 31, 2004. Reuters news story last week, that One might ask, What happened in (b) EXEMPTION FROM H–1B NUMERICAL LIMI- said: other recessions? What usually happens TATIONS.—Section 214(l)(2)(A) of the Immigra- Top U.S. executives are pessimistic about tion and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is that worker wages, as you come out next year’s U.S. economy. About 70 percent is amended by adding at the end the following: of the recession, rise commensurate of the chief executives surveyed by the Busi- ‘‘The numerical limitations contained in sub- with their share of the economy, which ness Council projected flat to 2 percent U.S. section (g)(1)(A) shall not apply to any alien is about two-thirds. But here is what is economic growth. More bearish than fore- whose status is changed under the preceding casts by major economists, the Business happening this time. The worker wages sentence, if the alien obtained a waiver of the 2- Council survey, often seen as a gauge of cor- are not rising, but the corporate profits year foreign residence requirement upon a re- porate sentiment, was released ahead of a are rising 65 percent. So most of the quest by an interested Federal agency or an in- meeting of the group’s members, about 125 terested State agency.’’. benefit from the economic growth in CEOs from companies . . . (c) LIMITATION ON MEDICAL PRACTICE this partial recovery is not going to AREAS.—Section 214(l)(1)(D) of the Immigration Then they cite a number of the large the workers, but it is going to cor- and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is companies in the country, saying gen- porate profits. This is in marked con- amended by striking ‘‘agrees to practice medi- erally CEOs are a bit more pessimistic, trast with previous recoveries. I want cine’’ and inserting ‘‘agrees to practice primary referring to the difference of opinion to underscore that point. This is a very care or specialty medicine’’. between executives and economists. different pattern than we have seen in (d) EXEMPTIONS.—Section 214(l)(1)(D) of the The U.S. economy actually grew at a the past. Of course, part of the reason Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is further amended— 3.3 percent annual rate in the second for that is the policies of this adminis- (1) by striking ‘‘except that,’’ and all that fol- quarter of this year. Now these chief tration. lows and inserting ‘‘except that—’’; and executives are projecting a flat to 2- Then the counterargument is made (2) by adding at the end the following: percent growth. My colleagues on the on the other side: If you give the cor- ‘‘(i) in the case of a request by the Depart- other side, if you bring these uncom- poration these profits, they will invest ment of Veterans Affairs, the alien shall not be fortable facts to their attention, they them and therefore strengthen the required to practice medicine in a geographic say, well, you are talking doom and economy, build the economy and create area designated by the Secretary; ‘‘(ii) in the case of a request by an interested gloom. But how are we going to real- jobs. But here is what has happened in State agency, the head of such State agency de- istically deal with our problems if we this Bush administration. These are termines that the alien is to practice medicine do not face what our problems are? the growth rates of plant and equip- under such agreement in a facility that serves I want to address one question, be- ment investment by U.S. corporations. patients who reside in one or more geographic cause the previous presentation talked As you can see, it actually is down, areas so designated by the Secretary of Health as though the only relevant factor is negative during this Bush administra- and Human Services (without regard to whether economic growth. It never addressed tion, compared with previous adminis- such facility is located within such a designated job growth. It only addressed job trations in which it was a positive fig- geographic area), and the grant of such waiver growth in the sense of saying if you would not cause the number of the waivers ure. So what is happening is the bene- granted on behalf of aliens for such State for a had economic growth, you would have fits are being skewed away from the fiscal year (within the limitation in subpara- job growth. If you didn’t have eco- workers, but those receiving the bene- graph (B)) in accordance with the conditions of nomic growth, you would have job loss. fits are not investing them in the econ- this clause to exceed 5; and But the problem is more complicated omy in order to build businesses and ‘‘(iii) in the case of a request by an interested than that, the problem we are con- create jobs. That, of course, explains in Federal agency or by an interested State agency fronting right now. I want to point out part, in my view, why there is such a for a waiver for an alien who agrees to practice a couple of factors in that regard. tremendous lag in this recovery in specialty medicine in a facility located in a geo- This chart shows how unemployment graphic area so designated by the Secretary of terms of producing jobs. There is no Health and Human Services, the request shall has moved in previous postwar recov- way you can get around the fact. demonstrate, based on criteria established by eries, and how it is moving in this one. I listened earlier. No one actually such agency, that there is a shortage of health What it shows: Of course, you obvi- challenged any of the figures or facts care professionals able to provide services in the ously get a downward trend in employ- about the employment situation. There appropriate medical specialty to the patients ment as you go into a recession. Then is no way you can get around the fact who will be served by the alien.’’. you try to come out of a recession. Of that this is the first administration in Mr. SESSIONS. I ask unanimous con- course, recessions are measured by eco- 75 years not to have a net gain of jobs sent that the committee substitute nomic growth figures. In the average of in the course of the administration. amendment be agreed to, the bill, as postwar recoveries, this is what has They are still down 825,000 jobs from amended, be read a third time and happened with respect to employment. where they were when they came into

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.079 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11273 office. They are down 1.6 million jobs Trying to portray a rosy scenario is omy. Certainly, if we don’t have a in the private sector and they are down not going to take care of the problem growing economy we will not create 2.7 million manufacturing jobs. of the long-term unemployed. We tried jobs. My colleague from Alabama says we to do something about that in the Sen- Mr. SARBANES. Madam President, have produced this year a gain of 93,000 ate. We tried to extend the unemploy- will the Senator yield for a question? jobs. He says that is a good thing. It is ment benefits, but that was beaten Mr. SESSIONS. Yes. a good thing in the sense that we want back, regrettably. People who exhaust Mr. SARBANES. Was the Senator to be positive in producing manufac- their benefits and aren’t able to find a disappointed by the jobs figures for the turing jobs. It is not such a good thing job find themselves in dire cir- month of September of 96,000? if you put it in the context of the fact cumstances in terms of meeting the Mr. SESSIONS. I have not been dis- that we have lost 2.7 million jobs since needs of their families. appointed for the last 6 months of job January of 2001. If you put the figure in I think we have a serious job unem- figures. There have been some tremen- context, I am relieved that we gained a ployment situation. I think we need to dous numbers. What was the highest few manufacturing jobs this year. That face it. I don’t think it helps to simply month we had this year? There were is certainly better than losing them. try to brush it away, paper it over. 300,000 or 400,000 jobs created in 1 But if you are looking at the record of These trend lines, regrettably, are not month, and there was 1 where it was this administration, the fact is in the working in the right direction. 100,000. I would like to see it stay at course of this administration they have Now, with this forecast from these 200,000 or 300,000. Sure. The unemploy- lost 2.7 million manufacturing jobs. top U.S. executives of the Business ment rate today is stable. But we did You can come to the floor and say we Council, we can see that we face an add jobs. gained 93,000 manufacturing jobs this even greater challenge as we move to- Mr. SARBANES. The Senator has to year, and that is a good thing. As far as wards 2005. go back to March of this year to get that statement goes, it is a good thing. I simply close with the observation the kind of job figures he is talking But it is in the context of the fact that that this administration has not pro- about. we lost 2.7 million jobs over this time duced a net gain of jobs in the course of Mr. SESSIONS. March of this year period, over the entire time period. its tenure. You have to go all the way was just a few months ago. It is not as That also relates, of course, to the back to Herbert Hoover to find an ad- if it were 5 years ago. points that are being made now about ministration, whether Democrat or Re- Mr. SARBANES. The concern is that the gain in jobs that has taken place— publican, through that period that these job figures are coming down like well, the month that is usually used by failed to produce a net gain of jobs in this. It seems to me that the Senator my colleagues on the other side is, I the course of that administration. has to face the fact that this is where think, August of 2003. I am pleased and That, of course, is one of the very key the job figures have been trending over relieved that we have gained some jobs. reasons this election that comes before the last 6 months. But the fact remains these job gains us on November 2 is so important for Mr. SESSIONS. We had—how many have tailed off in recent months. the future of our country. was it? I believe 240,000 jobs were cre- The other side would have a story to I yield the floor. ated last month. tell if they had sustained job gains. The PRESIDING OFFICER. The Sen- Mr. SARBANES. No. They might have gotten out of the hole ator from Alabama is recognized. Mr. SESSIONS. The month before and actually produced more jobs, a net Mr. SESSIONS. Madam President, I last? gain of jobs in the course of their ad- thank the distinguished Senator from I reclaim the floor, Madam Presi- ministration. The Treasury Secretary Maryland. I know he is very skilled in dent. I was going to speak on another was projecting it would create a huge his knowledge of these issues. I don’t subject. number of jobs. It has not happened. know how the President can be blamed The PRESIDING OFFICER. The Sen- As this chart indicates, we are on a for this or that, or how any President ator from Alabama has the floor. descending line month to month in can be. Mr. SARBANES. I would like to an- terms of job creation going back to the I will just say this: When President swer the question he just put to me. beginning of this year. That is the con- Bush took office this economy was in Mr. SESSIONS. Maybe the Senator cern about jobs. It is fine and good to come to the trouble. In the first quarter he inher- could read the last 3 or 4 months in job floor and show economic growth ited there was negative growth; the creation. Does he have them? There charts, although one would have hoped second quarter was negative growth; have been some pretty good months in that the chart would have carried out the third quarter was 9/11. In the third there. into this year and not stopped at the quarter of former President Clinton’s Mr. SARBANES. Not in the last 3 or end of last year. last year in office there was substan- 4 months, earlier in the year. Employ- Second, one has to take into account tial negative growth, and one-half of ment, again for the last 4 months, to- what people are now saying about what the value of the NASDAQ stock ex- taled 400,000 in the last 4 months. So it to expect on economic growth, and par- change had been lost by the time Presi- has averaged about 100,000 a month. ticularly the story from last week dent Bush took office. I will just say Mr. SESSIONS. It is better than about the Business Council meeting. that he inherited a problem. And in the what President Bush inherited from The leading U.S. corporation chief ex- last 12 to 15 months, 1.9 million jobs President Clinton. ecutives met in Irving, TX, where the have been created in this country. We Mr. SARBANES. He inherited a very top U.S. chief executives said they are had growth as high as 8 percent late strong economy in terms of the number pessimistic about next year’s economy. last year for the third quarter, which is of people who were working. And par- About 70 percent of the chief execu- the highest growth in 20 years. ticipation in the labor force was up tives surveyed by the Business Council Yes. We have challenges. Five and very high. We broke records in terms of projected flat to 2 percent U.S. eco- four-tenths percent unemployment is job production in the 1990s in the num- nomic growth. too high for me. It is a lot better than ber of people we put to work. That is why we are concerned. That Europe. It is a lot better than most Mr. SESSIONS. All right. Madam is why the public is concerned. That is countries in the world. But it is not President, I will just say this: The why working people are concerned. good enough. economy was sinking when President They feel it. But I note this: The 5.4 percent un- Bush took office from President Clin- You may come to the floor and say employment rate that we have today, ton. And a sinking economy inevitably everything is a rosy scenario. But if which we are working to improve, is means you are going to have job losses, you are long-term unemployed, you better than the average unemployment and that is what occurred. The Presi- know it is not a rosy scenario. Long- rate of the 1970s, 1980s, or 1990s. dent has turned this economy around. term unemployed now as a share of the I hope we will continue to work on it We have seen some robust growth in unemployed is at the highest figure it here together in Congress, the Presi- the last year. And we have created 2 has been—over 20 percent now for 24 dent and everyone, to see what we can million new jobs, as the Senator well straight months. do to continue to help grow the econ- knows, and we can debate that round

VerDate Aug 04 2004 05:08 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.105 S11PT1 S11274 CONGRESSIONAL RECORD — SENATE October 11, 2004 and round forever. I think the glass is something out of nothing and to mis- respect for this marvelous, unique, sa- at least half full. I guess the Senator is represent the position of the President cred bit of life that is the beginning of seeing it half empty. and this Congress on this issue. It is a human person. I don’t think we ought f not true that the President wants to to be spending taxpayer money on it. stop stem cell research. Dr. Frist explained last night only STEM CELL RESEARCH Let me say where we are, as I under- adult stem cell research today has Mr. SESSIONS. Madam President, I stand it. People can agree or disagree shown progress in medical research. am going to speak about the stem cell with the policies. I agree with the poli- The embryonic stem cells have not. research issue, which I think is impor- cies. Senator Sam Brownback has talked tant. I don’t have an answer to it fully. First, there are what we call adult about this. He said scientists are find- I so much admire Christopher Reeve, stem cells. These come from bone mar- ing that the embryonic stem cell tends whose death we have noted today. His row and other parts of the human anat- to be volatile and not as capable of commitment to dealing with the ter- omy. President Bush has increased sub- being utilized in a therapeutic way as rible problem of spinal cord injury was stantially the funding for adult stem adult stem cells. Regardless of how it a passion of his. We believe that stem cell research. We have made some med- may turn out in the future, that ap- cell research may well result in im- ical progress in various diseases, in- pears to be the state of the science provement, and hopefully even a cure cluding diabetes, using adult stem cell today. for spinal injury. It is certainly some- research. We are spending more money So we are putting the tax money into thing that I support. I know the Presi- than we have ever spent on it, and we the areas that not only do not raise dent supports it. I think every Member all support that. Private research is ethical questions but have the most of this body supports it. also ongoing on adult stem cell re- proven success in making therapeutic I want to share a few thoughts. search. breakthroughs. Last night, Dr. BILL FRIST, our ma- Then there are the embryonic stem We are not slamming the door or jority leader, who, as the Senate cell research issues that raise these closing the door on stem cell research. knows, is one of America’s great doc- moral and ethical questions. I don’t We do not have, as Senator KERRY tors—he was a heart and lung trans- claim to have the answer to all the falsely stated in the debate, a sweeping plant surgeon at the Vanderbilt Uni- concerns. ban on stem cell research. That is not versity Medical School, and he is a I remember the 100th Psalm that true. He ought not to have said that. highly trained and skilled physician. says, Without our aid he did us make. He knows better. He is trying to scare He discussed these issues last night and Or the Declaration of Independence people. It is a cruel thing for people out I entered into a little dialog with him says, We are created equal. If you be- there with illnesses today who think on the floor of the Senate. lieve we are created beings and that there is a ban and that they cannot be But in light of some of the comments there is a sacredness to life, anybody helped with research from stem cells. that have been made today, I think it ought to have at least some concern There is unprecedented research in the is appropriate that we at least get about this question of creating a stem cell area. We are going to con- some perspective on this issue and try human being in the making and then tinue that. to get back to a rational discussion destroying that to carry out research I don’t know the answers. I am not a about it. matters. physician or scientist. Is there nothing There are different types of stem It is a matter that deserves serious we won’t prohibit in the name of cells. The one that causes some con- moral and ethical discussion. I don’t science or research? cern is the embryonic stem cell. If it is think we respect life very much if we I am familiar, from my home State not destroyed and allowed to develop, lightly move into this area without of Alabama, with the research done on it will become a human being. That any limitations. syphilis that left people infected so embryo has within it its genetic make- There are stem cell lines that have they could study them, and compare up, the markers that will determine already been created from embryos them to people who were treated for whether that person is tall or short, that have been killed and destroyed, in syphilis. We now know that was wrong. red hair or brunette, whatever the effect, in their capability of becoming We, in this country, have believed by color of eyes and every other char- human, and those cell lines continue to a substantial majority that cloning acteristic of that unique human being produce today. There are 26 or more human beings is not right and should in that cell. It is a stunning, remark- lines producing on a regular basis—em- not be done. We certainly have all seen able, marvelous miracle of life. bryonic stem cells—and Federal fund- the rejections of Nazi Germany’s When we destroy that which is on the ing is allowed for that. Those that we abuses of science. As a society and a way to being a fully developed human have already done—and the President nation, there ought to be some limit on person, I don’t think anyone can say considered it carefully and thought- what we can allow or should allow. such destruction does not raise at least fully, saying, well, we cannot go back People should be able to talk about it some moral and ethical dilemmas. and reverse that—let’s go ahead and and wrestle with it and Congress ought Doesn’t it raise some question about allow the research to go forward in to act on it. If there is serious doubt how we should be able to proceed in that area. about one phase of scientific research, dealing with it? I make that point In addition, I note there are no bans maybe it is perfectly appropriate that first. whatever on stem cell research. The taxpayers not be required to fund that It is not a matter of insignificance, question has simply been whether we because when the Government funds it, the concerns raised here, when we deal will take Federal tax money and spend there is a governmental and societal with an embryo that, if allowed to de- it on embryonic stem cell research. affirmation that this is a good and velop, would be a human person. That has been the discussion on how we healthy way to operate. We should Senator FRIST laid it out well last are going to do it. President Bush said work on these issues very carefully. night. He quoted Senator KERRY in the we will do it for the existing lines but I close with these thoughts. In the debate as criticizing President Bush for we will not take taxpayers’ money and history of the world, no nation has in- imposing a ‘‘sweeping ban’’ on stem destroy life to do an experiment. vested so much in its effort to cure dis- cell research. We had Senators this Universities, private labs, and hos- ease as this Nation. I have been pleased afternoon say President Bush’s policy pitals, can all freely conduct scientific and proud of this Congress since I have would ‘‘close the door’’ on stem cell re- research on embryonic stem cells. It is been here 7, 8 years now, that we prom- search. Senator FRIST said as a physi- not against the law. It is not prohib- ised several years ago to double the cian, putting on his physician robes, he ited. It is simply that we are not going funding for the National Institutes of said that this is a cruel thing to say to to have the taxpayers—many people Health. We have met that goal. patients who are ill and dying, and it is have strong feelings about this life We have had tremendous increases in just not true. issue—to take that money and fund it. spending for the National Institutes of Senator KERRY knows it is not true. It is appropriate to recognize this eth- Health which is where our research His comments are an attempt to make ical issue and to show this small bit of money goes. For the most part, we

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.107 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11275 allow physicians and scientific experts knows how to avoid a draft, it is tive war? Bear in mind, President Bush to say how that money is spent, what George W. Bush. has changed the standard for justifying diseases have the best chance of being But the facts tell a different story. preemptive war. cured, what experiments going on out The facts tell us that if President Bush As the New York Times reported on there have the greatest opportunity for continues on his current course, he will Sunday, originally the criterion was breakthrough. We don’t try to micro- have to reinstitute the draft. In fact, to that a rogue nation was an imminent manage that. In general, that is good meet personnel needs in Iraq, President threat to us, that it either possessed and I support that. Bush has already imposed stage one of weapons of mass destruction or was ac- There are things we as a society can a new draft. Many soldiers whose en- tively attempting to build these weap- speak about. We are not denying people listment time is up are not being al- ons of mass destruction. But in re- hope. It would be terribly wrong to lowed to leave the service, and people sponse to the Duelfer report last week, suggest what is going on as a policy in who left the service years ago are being which found no weapons of mass de- our Congress and in our Government is forced to put on the uniform again struction stockpiles and no active pro- denying people hope that medical against their will. So we already have gram to produce these weapons in Iraq, breakthroughs can occur from stem a backdoor draft. Let’s be honest about President Bush says that does not mat- cells. it. President Bush has already done ter. He said that a preemptive invasion We are going to continue unprece- away with the All-Volunteer military. is justified if an enemy is trying to dented Federal spending. We will con- Stage two of the reinstated draft would avoid United Nations sanctions by tinue unprecedented private spending be easy to implement. Draft boards are ‘‘gaming the system,’’ as the President on stem cells. We will spend Federal already in place in every county in put it. money on embryonic stem cells and America. Young men who turn age 18 As the New York Times concluded: Federal money on adult stem cells. are already required to register with Mr. Bush appears to be saying that under Who knows, some of those may result their local draft board. It is becoming his new standard a country merely has to be in great breakthroughs that will help increasingly obvious that because of thinking about developing illicit weapons at prolong the life and health of millions President Bush’s new doctrine of pre- some time. of American people and not just in emptive war, our military is stretched Or as Joseph Nye of Harvard con- America but the whole world. dangerously thin. We do not have cludes: This Nation, through our investment enough people in uniform to meet cur- The President is saying that intent is in scientific research, has lifted and rent needs in Iraq and Afghanistan, enough. improved the lives of people all over much less to deal with a confrontation Well, given either the old or the new the world. It is something that we can with Iran or North Korea or some other standard for justifying preemption, the take pride in as a people. It is some- hot spot. U.S. military is going to be very busy thing for which I am proud. I want to Here are the hard realities that can- indeed if President Bush is reelected. continue to see it developed. not be ignored. Right now, total Active Our military personnel needs will grow As we go forward, as we continue to Army and Marine personnel number dramatically as morale, enlistments, debate these ethical and moral mat- about 655,000. That includes support and reenlistments fall. That is exactly ters, as we continue to see the im- units, training units, headquarters per- why I have taken the floor today, to provements in science and learn more sonnel, and others who do not see com- state this: That I believe President from science, we may adjust and be bat. Bush intends to reinstate the draft. able to come up with different ideas as In a long, drawn out war such as a Why can I say that? Because he has no we go forward on stem cell research. Vietnam or an Iraq, units sent to the choice. To pursue his agenda of aggres- Who knows what we will learn as time front lines have to be rotated out peri- sive preemption, he must reinstate the goes forward. odically and replaced by an equal num- draft. Based on what I understand today, I ber of forces. Now, currently, we have Now, if you look at history, incum- see no reason in science, I see no rea- 135,000 troops in Iraq, 20,000 in Afghani- bent Presidents never reveal their true son in ethics—that requires that we stan, 36,000 in Korea, more than 100,000 intentions on matters of war and the blindly go in and destroy life for sci- in Europe, and some various troops draft. Those of us who were around in entific experimentation when there is scattered in Japan and Okinawa and a the 1960s remember President Lyndon no clear indication that experimen- few other places. Johnson, a President of my own party. tation will result in health benefits to Our Armed Forces have been When he was running for election in American people. stretched and strained to the breaking 1964, people were afraid he had a secret I yield the floor, and I suggest the ab- point. To fill the gaps and shortages, plan to escalate the war in Vietnam. sence of a quorum. tens of thousands of guardsmen and He denied it. President Johnson repeat- The PRESIDING OFFICER. The women reservists have been called up, edly promised: I will not send Amer- clerk will call the roll. some for several years at a time. But ican boys halfway around the world to The legislative clerk proceeded to there is a cost to all of this. Morale is do a job that Asian boys ought to be call the roll. suffering. Enlistments and reenlist- doing for themselves. Mr. HARKIN. Mr. President, I ask ments are down. The Army National Well, Mr. Johnson was reelected and, unanimous consent that the order for Guard fell 10-percent short of its 2004 sure enough, millions of American boys the quorum call be rescinded. recruiting goal. The Regular Army has were drafted and sent halfway around The PRESIDING OFFICER (Mr. had to ease up on standards in order to the world to Vietnam. CORNYN). Without objection, it is so or- meet its recruitment goals. So young people today have good rea- dered. Now, what happens if all-out civil sons for fearing the draft. They have f war breaks out in Iraq and we have to good reasons for not believing Presi- increase our troop strength to 200,000 dent Bush’s reassurances that he has A MILITARY DRAFT or 300,000 to quell it? What happens if a no intention of reinstituting the draft. Mr. HARKIN. Mr. President, when- newly reelected President Bush decides After all, President Bush has quite a ever I travel in Iowa, I hear moms and it is time for a preemptive war against lengthy track record of saying one dads worrying out loud that if Presi- Iran or Syria or North Korea? thing and doing exactly the opposite. dent Bush gets a second term, he in- President Bush has already effec- Well, I guess there is some kind of a tends to reinstitute the military draft. tively ended the All-Volunteer mili- technical term for this. I guess it is I hear the same thing from college- tary. People are hesitant to join the called: Flip-flopping. aged Iowans. In fact, a national poll of Guard or Reserve because the odds of Remember, as a candidate in 2000, young people found that 55 percent ex- being sent into combat have sky- President Bush was for a ‘‘humble for- pect the draft to be started up again. rocketed. eign policy’’ before he was against it. Of course, the joke that is going So how in the world would a second- He was against nation building in for- around is: President Bush insists that term President Bush meet the per- eign countries before he was for it. He there will be no draft. And if anybody sonnel needs of his doctrine of preemp- was for a peaceful resolution of the

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.110 S11PT1 S11276 CONGRESSIONAL RECORD — SENATE October 11, 2004 confrontation with Iraq before he was put in more than 40 hours of work in a ored principle of time and a half pay against it. He was for an All-Volunteer week, that they are giving up their pre- for over 40 hours. Actually the proposal military before the pressures of war in mium time, their time with their fami- of the President came out in a set of Iraq obliged him to do away with the lies, and that their employers should proposed rules from the Department of All-Volunteer military. provide them with premium pay if they Labor. The Fair Labor Standards Act Now he says he is against the draft. I are giving up their premium time. of 1938 has been amended and changed think our young people can be forgiven Also, many Americans rely on that a number of times since 1938, but it has for doubting President Bush is going to premium pay as a substantial part of always been done through the legisla- stick with that position. George W. their income—to put a little bit aside tive process, not administrative rule- Bush may have avoided the draft when for a college education, a rainy day making. he was a young man, but he is not fund, or perhaps maybe to buy a better Ordinarily, the administration comes going to be able to avoid the draft as house, move up the ladder a little bit, to Congress. They say they would like President if he is reelected and pursues buy a new car. to modify the Fair Labor Standards his policy of preemptive war. Other people, to tell the truth, would Act for one reason or another. The ap- just rather not work a lot of overtime f propriate committees have hearings. hours. They believe a 40-hour work- They bring in witnesses. We work it OVERTIME PAY week is a full workweek. That is what out. We bring it to the floor. We pass Mr. HARKIN. Mr. President, I also the Fair Labor Standards Act estab- it. It goes to a conference with the want to talk about a few of the things lished when Congress passed it in 1938. House, and it is sent to the President that have happened here this year in It established in law the principle of a for signature. That is the way it ought the course of our deliberations and de- 40-hour workweek, that anyone basi- to be done. bate on legislation in the Senate and in cally who works over that gets time- This time, for the first time, this the Congress. and-a-half overtime pay. That was 1938. President issued a proposed set of regu- One of the issues I would like to talk But get this, in 1933, this Senate, lations drastically changing the over- about—and it came to a head here at right here in this very Chamber—in time pay rules without one public hear- the end—has to do with agriculture. 1933, after lengthy debate—passed a bill ing. They issued these proposed rules But before I get into that, I want to to establish not a 40-hour workweek, or without having one public hearing. It talk about overtime pay. Then I want 50-hours, as it was then, but a 30-hour actually took us several weeks, kind of to talk about agriculture and conserva- workweek—a 30-hour workweek, in plodding through the proposed rules, to tion. 1933. Think about that. They voted see what they were proposing. The Last week, in a replay of what hap- here to establish a 30-hour workweek magnitude was breathtaking. pened almost a year ago, the Bush ad- in 1933. Some of the most harmful provisions Congress fought about it for about 5 ministration used a conference com- were not discovered until months later. years, and finally, in 1938, they com- mittee to kill my provision to stop the Frankly, we were shocked when we promised at 40 hours. It has been that Department of Labor’s new rule on first saw in these proposed rules of the way ever since. I will bet we couldn’t overtime pay, a new rule which, if it is administration that they were pro- pass a bill in this Senate today to es- allowed to stand, will strip 6 million posing to strip overtime pay from po- tablish a 50-hour workweek. By letting workers of their right to time-and-a- lice officers, firefighters, veterans, these rules go into effect, we are tell- half overtime pay. nurses, and many others—radical stuff. ing people, hey, you can work over 40 Once again, the overtime provision I Of course, once the true intent and ex- offered and which was adopted by the hours a week, but don’t expect time- and-a-half overtime pay. That is ex- tent became known, many of those af- Senate was killed in conference, de- fected were in open rebellion. We spite votes in both Houses of Congress actly what we are talking about. Again, we know that if overtime is talked about it, and I talked about it demonstrating strong bipartisan sup- free to the employer, if they don’t have here on the Senate floor. port for my amendment to stop these to pay anymore, they will work people When the Department of Labor onerous rules of the President from overtime. This chart illustrates that. issued the final rule just this spring, going into effect and denying the right The red block is those who have no the White House seemed to have an of overtime pay to some 6 million overtime protection. The green rep- election year conversion. Under ex- Americans. resents people who do have overtime treme pressure from labor unions as Now, yesterday, we in the Senate, pay protection. Of those who have well as us here in Congress, the admin- yet again, voted to protect hard-work- overtime protection, only 19 percent istration backed off its attempt to ing Americans’ right to earn overtime work more than 40 hours a week, about strip overtime from certain high-pro- pay. That bill we passed—as the one out of every five. These are people file groups such as rank-and-file police amendments I have offered before that who get paid for overtime. But if you officers, firefighters, emergency med- we passed four times—serves the sim- are not eligible for overtime pay, 44 ical technicians. I salute the efforts of plest of purposes. It lets stand the new percent work more than 40 hours a many individuals and groups who threshold of $23,660, below which any- week, almost one out of every two. So fought hard and who forced the admin- one who is working is automatically if you don’t have overtime pay protec- istration to abandon several of these guaranteed the right to overtime pay, tion, you are twice as likely to work most offensive and egregious proposals. and it guarantees that no worker who overtime. But what did the change do? They currently receives overtime pay would How about working more than 50 took us from an estimated 8 million lose the right to overtime under the hours a week? If you have overtime pay people hurt by these overtime rules to new rule. That is what this Senate protection, only about 5 percent work 6 million. So basically we went from a voted to keep four times, and the more than 50 hours a week, but if you proposed set of rules that were pro- House, twice. don’t have overtime pay protection, foundly terrible to a set of rules that This is a subject I feel deeply about, three times as many—15 percent—work were just plain terrible. and I know I am not alone. Wherever I more than 50 hours a week. The administration said they fixed it travel in the United States, people That tells the whole story right up. Sure, I admit there are about 2 mil- come up to me and talk about what there. That is what is happening. If lion fewer people who were affected in overtime pay means to them and their this new rule is allowed to stand, we the final rules, policemen and others. families. They can become quite emo- will be back here 5, 6, 7 years from now, But make no mistake about it, up to 6 tional about it. They know what this and you are going to see this red mark million hard-working Americans earn- administration is trying to do. They way up there, 50, 60 percent or more of ing as little as $23,661 a year will lose are angry that this administration people without overtime pay protec- their right to time-and-a-half overtime wants to roll back this new overtime tion working more than 40 hours a pay. rule. week. Mr. FRIST. Will the Senator yield for It is a simple matter of honoring Last year, the Bush administration a question? It is really an inquiry work. People believe that when they launched an assault on the time-hon- about tonight’s schedule. About how

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.126 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11277 long do you think you will be? You are Times as saying by his analysis, 3 to 5 cheat workers out of overtime pay ille- the last speaker. I know you outlined million Americans would lose their eli- gally will receive a penalty that is all the things you will be talking gibility. nothing more than a slap on the wrist. about. Just so I can plan personally. This other chart I have shows the im- No wonder the Wall Street Journal Mr. HARKIN. I have been guaranteed pact of this new rule. It is clear that called the new rule a victory for busi- 2 hours today. I spoke 10 minutes ear- employees earning $100,000 a year or ness groups. No wonder this new rule is lier. I assumed I had about an hour and more can be exempted because they are so strongly supported by corporate 50 minutes. exempted under the highly com- America. Mr. FRIST. I can come back later to- pensated employee provisions, if they It is time for the Bush administra- night. My son’s birthday is tonight. I make more than $100,000. Then if you tion to listen to Main Street, not just have been here for the last 3 days. I earn less than $23,660, you are auto- Wall Street; listen to ordinary working wanted to plan for my dinner. Again, I matically nonexempt. You have to be Americans. One of their highest con- can come back later tonight. paid time and a half. Who is in be- cerns is economic security. Not only do Mr. HARKIN. I have probably about tween? Well, a lot of people but espe- they fear losing jobs, health care, and 10 more minutes on overtime. I want to cially team leaders. I will talk a little retirement; they are now afraid they talk about the conservation program bit about team leaders. will lose their right to time and a half and just a little on the economy, so Under the new rule, a worker who compensation. They have good reason maybe 45 minutes. leads a team of other workers loses his to fear that. They fear they will work Mr. FRIST. OK. or her right to overtime. Under the old a 50- to 60-hour week, with zero com- Mr. HARKIN. Frankly, at this point rule, there was no provision concerning pensation. That is what is going to the administration has zero credibility. so-called team leaders. There wasn’t happen under these new rules. Last As I said, when the proposed rule was even such a term. But the new rule, week, in 17 cities across the country, issued more than a year ago, it took section 541.203(c), states: thousands of workers, who are angry months of reading the fine print before An employee who leads a team of other about these new overtime rules, rallied we realized just how destructive it was. employees assigned to complete other in parks and outside Federal buildings. Only belatedly did we discover that the projects for the employer meets the require- They delivered scores of boxes full of administration was giving tips and ad- ments for exemption even if the employee postcards to the Bush-Cheney cam- vice to employers as to how they could does not have direct supervisory responsi- paign headquarters, asking the Presi- bility of the employees on that team. avoid paying overtime to employees. dent to take back this overtime pay Right in the rules there is advice to This team leader loophole is big cut. employers how they can get around it. enough to run an Amtrak train Dixie Harms, a long-time trainer of I had never seen that before, either. through. Team leaders are common- nurses in Des Moines, said: Here we go again. The administration place throughout the manufacturing If overtime is changed for hospital nurses, is all smiles and happy talk. Again the and service sectors. They are especially we will see a mass exodus of registered administration is assuring workers common in factories, refineries, chem- nurses from the hospital setting, because they won’t lose their overtime rights. ical plants. they will get fed up and refuse to volunteer When the Bush administration smiles MIT professor of management Tom so many hours to do what they really love and says it only wants to fix overtime, Kochan estimates that this team lead- doing. I have five words of advice to American er loophole alone could deny overtime It is bad enough to deny American workers: Hang on to your wallets. rights to as many as 2.3 million work- workers overtime pay rights, but what What I am telling you about this new ers. Again, the administration claims is striking is the mean-spiritedness of overtime rule is not just according to that no worker making between $23,660 the Department of Labor. As I said, the me. Just a couple of months ago, the a year and $100,000 a year will be denied Department offered employers what top three people who administered overtime. That statement is just plain amounts to a cheat sheet, giving help- these regulations over the course of the false. ful tips on how to avoid paying over- last two decades released a report de- When Congress enacted the Fair time to the lowest paid workers. For tailing their indepth review of these Labor Standards Act in 1938, it antici- example, the Department suggests cut- rule changes. Of all the people in the pated there would be a number of less ting a worker’s hourly wage so any new universe of labor experts who have than honorable employers who would overtime payments will not result in a weighed in on the Bush overtime rule, try to cheat workers out of their over- net gain to the employees. It also says I would have to think that the credi- time pay. So Congress included a pen- you can take a worker’s salary, raise it bility of these three persons is unparal- alty provision that would act as a up a little bit so that it meets the leled on this issue. Why do I say that? strong deterrent. Here is what it was. threshold. Say an employee is making They have no ax to grind. They worked Under the old rule, if an employer was $23,600 a year. All you have to do is for Republican and Democratic admin- cheating employees out of overtime give them a $61 increase, and guess istrations, going clear back to Presi- pay, the penalty could be massive. All what. You don’t have to pay them dent Reagan, the first President Bush, employees in the enterprise—all em- overtime; you can exempt them. That and President Clinton. One of them ployees, including even salaried em- is in the Department’s rule, those tips. worked for this Bush administration. ployees who were exempt from over- I liken that to the IRS giving helpful These are the three experts who admin- time—had to be paid time and a half hints to tax cheats, saying if you want istered this program. If you have any overtime for the period that the im- to cheat on your taxes, here are some reservations about my interpretation proper practices took place. It was tips on how to do it. We would be up in or criticism, I invite you to read their known as the nuclear deterrent. It was arms if the IRS were to do that. But we analysis. very tough. let the Department of Labor do it. Here These three career officials have Now, by contrast, under the new rule, are helpful hints on how to cheat your said: the penalty is limited to the work unit workers out of their legitimate right to In every instance where DOL [Department where the violation was detected. This overtime pay. of Labor] has made substantive changes to ignores the fact that, in nearly all in- It happened recently. According to the existing rules, it has weakened the cri- stances, overtime violations are not an article in the Detroit News last teria for overtime pay exemptions and there- limited to a renegade supervisor. They month, 2 managers out of 150 at by expanded the reach and scope of the ex- are almost always as a result of com- Rozwell’s Metro Detroit Burger King emption. panywide practices. In other words, we franchises became eligible for over- Let me repeat the administration’s have gone from the nuclear deterrent time. Listen to this. Rather than make central claim. They are saying that no of old to the new sort of pussycat de- them hourly workers, the company workers earning less than $100,000 a terrent under the new rule. Under the gave them a $20 a week raise to main- year will lose their right to overtime new rule, many workers will legally tain their salary status. Two managers pay. Well, one of these career DOL offi- lose their right to overtime pay. That out of 150 are eligible for overtime cials was quoted in the New York is one part of it. And employers who under these new rules. What a deal.

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.129 S11PT1 S11278 CONGRESSIONAL RECORD — SENATE October 11, 2004 I want to close my statement on this the base from $8,000 to $23,660. That is They plow up the turn rows, they go up by saying there is one group dispropor- what my amendment did. But we will and down the hills. They plant one crop tionately harmed by these new over- guarantee that every worker in Amer- right after the other. They do not ro- time rules: working women. Why? Be- ica who is eligible for overtime pay tate the crops, and they do not worry cause women tend to dominate the this last year will be eligible next year about soil erosion. Those were the ones workforce in retail, services, and sales and the year after and the year after. who got the USDA funds. The good positions, which would be particularly If President Bush is reelected, up to 6 stewards stop runoff. They do not allow affected by the new rule. Three in 10 million Americans will lose their right the streams to be polluted. But there is working women earn all or almost all to overtime pay. To me, this is a gut not much help for them, and these are of their family incomes. Three in 5 issue. This affects our working fami- most of our producers. These are the earn about half or more of their fam- lies. We want to protect our overtime people who produce our food and fiber, ily’s income. Four in 10 women work rights in America, getting time and a the most abundant food anywhere in evenings, nights, or weekends on a reg- half over 40 hours. Senator KERRY, the the world at the lowest cost, and the ular basis. One-third work shifts dif- day after he is sworn in as President, safest food. ferent than their spouses or partners. will rescind those onerous rules and Out of that came this idea that we From 1979 to 2000, married women in- put us on the right track. ought to have an incentive program, as creased their working hours by nearly I want to close my comments on this the President said in his statement, an 40 percent. Their contributions are es- legislative year today regarding a cou- incentive for good conservation prac- pecially important to lower and mid- ple of other matters, including the in- tices on working lands. We put that into the farm bill of 2002. dle-income families. sistence by this administration that we It was called the Conservation Security Yet, now the administration’s new take money for disaster assistance out Program. The idea was to begin to re- rule will take overtime pay protection of USDA conservation programs. Now, away from millions of American ward farmers for adopting and main- I have here a statement of the Presi- taining good practices. Unlike the women. They will have to work longer dent of the United States, George W. hours for less pay. This means more commodity programs that give more Bush, that he made when he signed the money the bigger you are—the bigger time away from their families, more farm bill. the farmer, the more money he gets— childcare expenses, with no additional I was there. I was chairman of the unlike that, this program said: We do compensation. Listen to what Sheila Agriculture Committee at that time. not care how big or small you are, it Perez of Bremerton, WA, says. She is a He touted the new farm bill for what it depends on what conservation you do. single parent, working hard to support did on conservation. He said: The more conservation work you do on her family. When she leaves work after This bill offers incentives for good con- your working lands—we are not taking a difficult 8-hour shift, she says: servation practices on working lands. land out of production; it is how you My second shift begins. There is dinner to That is the Conservation Security farm—then that is how you will get in- cook, dishes to wash, laundry, and all the Program. The President went on to centive payments. other housework that must be done, which say: The most any farmer, no matter how adds another 3 or 4 hours to my workday. My time at home with my kids and family is For farmers and ranchers, for people who big you are, could ever get out of this truly my premium time. It is personal time. make a living on the land, every day is Earth is $45,000 a year. So it does help family- It is the most valuable time of the day. So if Day. There are no better stewards of the land size farms. It helps all kinds of farms— I am required to work longer than 8 hours, if than the people who rely on the productivity vegetable farms, orchard and fruit I have to sacrifice that premium time with of the land. And we can work with our farm- farms. It helps corn, soybean, cotton, my family, then I ought to receive premium ers and ranchers to help improve the envi- rice farms, and anybody else who wants ronment. pay. That is overtime pay. to practice good conservation on their I have never heard it said better. That is what he said when he signed working lands. That was the corner- Sheila Perez is right. If she is going to the bill. However, twice now—once a stone of the conservation title in the sacrifice her personal time, premium little over a year and a half ago—the 2002 farm bill. And that is what the time, with her kids, it is only fair that President has tried to take some $3 bil- President talked about. That is what she be compensated on the premium lion out of conservation funds. He suc- he touted. That is what he said he sup- basis, with time and a half overtime ceeded in 2003, but then we put it back ported as recently as last Friday night pay. early this year. in the debate. Later this week, we will have an- Here we are again with the legisla- The farm bill had a major conserva- other debate between President Bush tion that passed today. The President tion initiative. The President and his and Senator KERRY. It is going to be on has once again taken just short of $3 administration keep talking about it, domestic issues—that is what I under- billion out of conservation after saying but the President’s people are up here stand—the economy and domestic he is for conservation. He said this in gutting the program. Soon, right after issues. I hope we will hear about this the debate last Friday. In his debate it became law, they moved to take $3 issue of overtime pay. with Senator KERRY, he talked about billion out. They succeeded for a little I am sure the President will say: how he was for strong conservation. I while, but we put the money back. For Look, we expanded overtime pay. Why, about came out of my chair when I 2005, the President in his budget is cut- we raised the base from $8,000 to heard that because at the very time ting nearly $600 million in conservation $23,660. the President in St. Louis was making programs. That cuts the Environ- Yes, with one hand, they raised up this statement in the debate about how mental Quality Incentives Program, the base for low-income workers; and much he supported conservation, his called EQIP, the Wetlands Reserve Pro- with the other hand, they took it right people were up here on the Hill trying gram, the Farmland Protection Pro- back. What a nice shell game. I gave to gut it, take money away from it. gram, the Grassland Reserve Program, you examples of how employers are Amazing. the Wildlife Habitat Incentives Pro- getting around it, and the fact that the Let me talk a little bit about this gram, and the Watershed Rehabilita- Department of Labor put out a cheat program. We have always had different tion Program, and, of course, the Con- sheet on how to cheat workers out of conservation programs in America. We servation Security Program. All of overtime pay legally. How about the helped farmers who built terraces or those are cut in his budget, yet the workers making $24,000, $25,000, or grass waterways, for example. We sup- President last Friday night said he was $26,000 a year? That is barely poverty ported practices to try to conserve soil for strong conservation. wages. They are above the threshold. and water, but much of Federal efforts For EQIP alone, President Bush re- They will be exempt from overtime entailed taking land out of production. quested a cut of more than $215 mil- pay. Senator KERRY has stated that if For years, farmers and ranchers all lion. That does not include the addi- he is inaugurated President in Janu- over the country have said: It seems tional $75 million to $100 million in ary, the next day he will rescind those that the people who get the USDA cuts that will come from EQIP to pay onerous Bush administration rules. We money are mostly those who are the for technical assistance, again a prob- will keep the base raise; we will raise worst in protecting soil and water. lem caused by this administration.

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.132 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11279 President Bush claims he supports ef- us something. It tells us that the ad- capped to operate as intended, that if forts to restore wetlands, but each year ministration’s actions are just plain one does certain things, if one meets he advocates cutting acreage for the wrong. certain requirements of conservation Wetlands Reserve Program by 50,000 The White House, through the OMB, practices, they will qualify for tier 1, acres below the farm bill level. The insisted on taking money from the tier 2 or tier 3, anywhere from $20,000 Wetlands Reserve Program is the best Conservation Security Program. Now to $45,000 a year for the life of the con- tool we have to restore and protect we have heard a lot of talk that this tract, which is 5 to 10 years. wetlands, and the Bush administration program is spending more money than By what the administration has is leading the way in keeping the en- what was anticipated. Well, that is not done, by taking the money out and rollment down. Again, words are not really true. Here is what happened: In capping it, they have turned a national matching what the President is doing. 2002, when we passed the farm bill, the program into a selective conservation In August of this year, President CBO made an estimate as to how much program for only a few people, and it Bush announced in Minnesota—I was CSP would cost over 10 years. They has led to all kinds of distortions and up there right about the time—he is said it would cost $2 billion. OK, fine. problems. What the administration did going to direct the Secretary of Agri- We passed the bill. The President this year is they said, OK, certain wa- culture to offer early reenrollments signed it. About 6 months later, not tersheds will be eligible to get in the and extension of existing contracts in one rule has been written, not one reg- Conservation Security Program and the Conservation Reserve Program, ulation promulgated, nothing has been only a few farmers in those watersheds. those contracts that were set to expire done, and now OMB comes out and So there could be a farmer in a water- in 2007 and 2008. Again, words do not says, well, they reestimated CSP’s cost shed who is eligible for CSP, and 2 match the deeds. at $7 billion over 10 years. miles away there could be a farmer There is no automatic or guaranteed Where did they get that figure? They who is a better conservationist, who is enrollment in CRP for producers whose just plucked it out of thin air. But then doing better work on his farm in saving contracts are expiring. On the con- they said, well, now that we have $7 soil and water, but is not eligible. trary, all these producers got was the billion there we can take $3 billion out. The second abnormality is that even right to comment on how USDA should Right away that tells us they are up to within a watershed, there could be enroll the expiring acreage. There was something funny, but that is what they farmers who are good conservationists, no guarantee that any of the currently did. but they did not get accepted, they did participating producers would get back In so doing, they capped the program, not get in that little select group. And into the CRP program; no guarantee changed the nature of the program, so guess what. that all these acres will be reenrolled; it could not operate as intended by the They have to wait 8 years before they and certainly no reenrollment any farm bill. As I said, we reversed that, can apply again. What signal are we time soon. So what was the President but just a few months later, just this sending to farmers? Forget about it, talking about in August in Minnesota? month, they have come back and pro- that is the signal. Forget about help In 2001 and 2002, we had a drought in posed it again. They reached in again, for conservation unless you are part of many Western States. The Bush White took nearly $3 billion out of it, put a this little select group. Maybe you will House did not want to provide farmers cap on the program. be in it; most likely you will not. That and ranchers relief, as we have done in Some are saying we need to put a cap is what they have done to this Con- past emergency situations. They in- on it; it might cost too much. Well, we servation Security Program. sisted if we are going to have disaster do not know for certain what it is The President had the gall, last Fri- assistance, we have to get money out going to cost. But I think CBO is way day, to say that he was strong for con- of the farm bill. What did they do? out of line exaggerating the cost. That servation. Well, I have just pointed out They went after the conservation funds is from my own personal standpoint. that they have been gutting conserva- to get the money to pay for it. We do not hear this call to limit other tion, and they continue to do so. To The Conservation Security Program programs. What about food stamps? those who ask why they are opposed to is about our future. Here is what the Food stamps is an uncapped entitle- the program because it is uncapped, I Des Moines Register said in an edi- ment program. If one qualifies income- am sorry, that is what the Agriculture torial: wise, they are eligible for food stamps. Committee voted. We hammered this The CSP holds enormous promise to sus- We know as unemployment goes up, out in long sessions and long negotia- tain the soil for agriculture, to clean up riv- wages go down, more people apply for tions between the House and the Sen- ers and lakes, to boost rural development. food stamps. When employment is up, ate, between Republicans and Demo- People will want to live and visit a fresh, wages are up, the cost of food stamps crats, between those from the South, pure countryside where wildlife and recre- comes down. Medicaid is another pro- the North, the West and the East. ation flourish. Moreover, the program could gram. It has no cap on it. If one quali- There is no surprise. be the template for the farm programs of the fies, they get it. In agriculture, the This is what we voted. It is not right future, superseding the crop subsidies which for OMB and the administration, are almost certain to be outlawed some day commodity program has no cap. My under the rules of international trade. CSP goodness, the corn, the soybean, the through the Appropriations Com- could give farmers an income safety net cotton, the rice, and wheat, there is no mittee, of which I am a member, to based on how well they take care of the land cap on those programs. It depends on come in and unilaterally change this instead of how much they produce. It is what kind of year one has. program. That is not the purview of shortsighted to fail to invest enough in the If prices are high, we spend less. If the Appropriations Committee. It is conservation security program. prices are low, we spend more. I the purview of the Agriculture Com- That is what the Des Moines Register thought it was pretty interesting also mittee. That is why I kept the Senate said about it, and yet the administra- when the farm bill passed we had a in this week and that is why I stood tion keeps wanting to gut the program. milk income loss contracts program. It here on Friday and Saturday because I There is uniform opposition to this was estimated by CBO to cost $1.7 bil- am fighting for farmers and for con- action taken by the administration lion for the life of the program. After servation. I am fighting for the right of from farm, conservation, and environ- the bill passed, CBO raised its cost esti- our farmers to rely upon what we mental groups. When can anyone ever mate to $4.2 billion. passed in the farm bill, not having the remember the commodity groups, the Now it looks like it may cost less Appropriations Committee take it environmental groups, and the wildlife than that, but it has already cost some away. So we passed a resolution on conservation groups being in such $2 billion already, which is higher than Saturday. We passed a resolution—I am agreement? the $1.7 billion estimate. We have an- not going to read all the ‘‘whereases,’’ I have served on Agriculture Com- other year to go under this program, but here is the resolution. mittees in the House and Senate for and it may well spend more money, my One of the things I negotiated to let nearly 30 years, and I can never re- point being that these are uncapped some bills go through was I said, let us member in my life all of these groups programs so that they can operate as have another vote on whether the Sen- being so united in one cause. That tells intended. The CSP program was un- ate wants to take disaster money out

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.134 S11PT1 S11280 CONGRESSIONAL RECORD — SENATE October 11, 2004 of conservation or whether they want conference report contain legislative lan- duck session because we have a con- to treat disaster money as an emer- guage striking subsections (e) and (f) of sec- tinuing resolution to keep the Govern- gency like we ought to and have before. tion 101 of division B of H.R. 4837. . . . ment running until November 20. So This is the resolved clause of that Mr. President, I ask unanimous con- sometime before November 20 we in the resolution: Resolved that it is the sent a copy of these resolutions be Appropriations Committee and the sense of the Senate that the 108th Con- printed in the RECORD. Congress, we have to come back, are gress should provide the necessary There being no objection, the mate- going to meet to either pass what is funds to make disaster assistance rial was ordered to be printed in the called an Omnibus appropriations bill available for all customarily eligible RECORD, or something of that nature, and we agricultural producers as emergency S. RES. 454 have instructions from the Senate to spending and not funded by cuts to the Whereas, agriculture has been the corner- undo what the administration called farm bill. stone of every civilization throughout his- for to cut conservation. We will see. We Guess what. It passed the Senate 71 tory and remains the driving force behind will see if Senators on that side of the to 14. Seventy-one Senators said, you the nation’s economy; aisle have the courage to stand up to are right, it ought to be treated as an Whereas, American farmers and ranchers this administration and to follow the help keep food affordable in this country and emergency. But the President of the also help to feed the world; will of the Senate and tell the Presi- United States says, no; no, we will Whereas, America’s farmers and ranchers dent, no, you are not taking the money treat some disaster losses as an emer- produce the food and fiber that is so vital to out of conservation. We will see. We gency but not the drought that hit our economy while protecting our soil, help- have the instructions. We have 71 Sen- Iowa or the floods that hit North Da- ing to keep our waters clean, and reducing ators who voted that way. kota or the drought that hit Colorado. air pollution across the country; I will say about the future con- Whereas, all sectors of our country rely in No, they are going to be treated dif- sequences to agriculture if this cut to ferent. What the administration said some way on a successful, strong and vibrant agriculture industry; the farm bill stands, this will set a we are going to do is we will take Whereas, it is the nature of agriculture precedent that will be used time and money out of conservation, out of agri- that farmers and ranchers will suffer produc- time again. Today it is conservation. culture to pay for that. tion losses because of the vagaries of weath- Next time what will it be? How about The junior Senator from Pennsyl- er; the commodity programs? Those are vania was here on the floor the other Whereas, Congress has responded to nat- uncapped entitlement programs. They day arguing heatedly that disaster as- ural disasters by providing assistance to go to rice and cotton and corn and soy- those affected including the nation’s farmers sistance should be taken out of the bean and wheat farmers. Someone will farm bill. I pointed out that Pennsyl- and ranchers to help restore financial sta- bility in times of such losses; and point out payments that go out to vania is one of the States covered by Whereas, Congress has traditionally pro- farmers and they will say: Wait a hurricane assistance. The hurricane vided such assistance on an emergency basis minute, we ought to cap that. If we cap money is not taken out of the farmers’ without cutting programs to the class of it, we will have a lot of money to do pockets. Why should their disaster be those suffering. other things. That is next. Or payment different than the ones out west? Resolved, That it is the Sense of the Senate limitations. That has been fair game I heard one Senator say: They have that the 108th Congress should provide the out here on the floor before. necessary funds to make disaster assistance had a drought for 4 or 5 years, and we My message to the farm groups in cannot be putting emergency money available or all customarily eligible agricul- tural producers as emergency spending and America is this is just the first step in into those States where they have a not funded by cuts to the farm bill. reopening the farm bill. Reopen it here, drought year after year. S. RES. 465 and look out, it is fair game. Wait a minute. It seems to me that Shame on those in this administra- Florida gets hit by a hurricane every Resolved, That for the purpose of restoring the provisions governing the Conservation tion who just 2 years ago loudly touted couple of years. That is hurricane Security Program to those enacted in the the farm bill. We signed off on it. We alley. We don’t get hit by hurricanes in Farm Security and Rural Investment Act hammered out our agreements. Now Iowa, but Florida does. Maybe we and restoring the practice of treating agri- they want to reopen it and take money should not have hurricane assistance cultural disaster assistance as emergency out for disaster assistance. Look out. because Florida gets hit year after year spending, the Senate instructs conferees to They will be coming after it again be- by hurricanes? What kind of nonsense the Agriculture, Rural Development, Food cause there is money there. Com- is that? and Drug Administration, and Related Agen- modity programs are uncapped entitle- Again, we passed that resolution on cies Appropriations Bill, 2005, or a Consoli- dated Appropriations Measure that includes ment programs. They are going to emergency funding 71 to 14. the substance of that act, to insist that the want to take that money for other Also, an agreement was struck be- conference report contain legislative lan- things because people will look at this. tween the leadership, the Republican guage striking subsections (e) and (f) of sec- There is a lot of staff around here. leadership and the Democratic leader- tion 101 of division B of H.R. 4837, An Act There are a lot of people looking at, ship, on another resolution that passed Making Appropriations for Military Con- where can I get money for this program today. Since it passed by unanimous struction, Family Housing, and Base Re- and where can I get money for that? consent—that means no one objected— alignment and Closure for the Department of Those of us who represent farmers, are I want to read it because it was not Defense for the Fiscal Year ending Sep- tember 30, 2005 and for Other Purposes. in the minority around here, aren’t we? read today. Here is a resolution: Mr. HARKIN. What does all that lan- There are a lot of good programs out To instruct conferees to the Agriculture, Rural Development, Food and Drug Adminis- guage mean? It means that the Senate there that maybe need money. Some of tration, and Related Agencies Appropria- went on record today to instruct con- them I would even support myself. Peo- tions Bill, 2005, or on a Consolidated Appro- ferees, those of us on the Appropria- ple are going to want to get money for priations Measure that includes the sub- tions Committee, to undo what the ad- them. Guess what. They are going to stance of that act. ministration did, to restore what was come after the farm bill because Con- Resolved that, for the purpose of restoring in the farm bill for conservation, and gress and the White House now opened the provisions governing the Conservation to not take the money out of conserva- it. It is opened up wide. That barn door Security Program to those enacted in the tion for disasters but to treat agricul- is open, and they are going to come Farm Security and Rural Investment Act— tural disaster assistance as emergency after it. Mark my words. What are we That is the farm bill of 2002— spending, as it should be. going to say? We didn’t protest and restoring the practice of treating agri- So 71 Senators voted that way on the enough? We didn’t take strong stands cultural disaster assistance as emergency earlier resolution to treat it as emer- against this administration when it re- spending, the Senate instructs conferees to gency spending. Now we have an in- fused to protect conservation, to pro- the Agriculture, Rural Development, Food and Drug Administration, and Related Agen- struction to conferees. Can we get any tect our farmers? We will see when we cies Appropriations Bill, 2005, or a Consoli- plainer than that? come back. We will see when we come dated Appropriations Measure that includes We will see. We come back in Novem- back in November whether we have the the substance of that act, to insist that the ber. We have to come back in a lame- courage to override the administration.

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.136 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11281 THE ECONOMY How about what consumers are pay- about what a strong position that Mr. President, I will take a few min- ing for gasoline now. I filled up my car would have put our country in as the utes to talk about the economy and yesterday. It was $1.99 a gallon for reg- baby boomers began to retire. In less what is happening to American fami- ular. Today oil hit a new high—53- than 4 years, all of that has been lies. There is one question I never hear something dollars a barrel. I under- turned upside down. This year we are the President of the United States ask stand it may go as high as $60 a barrel. running the largest budget deficit in of anyone. I never hear it when I see Gasoline prices are going up. Families American history; as I said, $422 bil- him in all of the rallies. I never hear have to drive their cars to work. Rural lion. him asking one question: Are you bet- Americans have to drive a long way. What about this decade? We were ter off today than you were 4 years Farmers have to fill up their combines going to have a $5 trillion surplus. But ago? You never hear that question. Are and tractors with diesel. we are now looking at a cumulative you, your families, or is the country, The farm prices have come down, deficit of $5 trillion. We went from a $5 better off than they were 4 years ago? corn prices are down, bean prices are trillion surplus to a $5 trillion deficit. I want to talk briefly about why the down, wheat prices are down. Guess I am sorry. This President simply answer to that is obvious. We are not what. Their fuel prices are up. Our can’t handle money. I don’t think he better off, either personally, our fami- farmers are hurting. could handle money when he was in the lies, or the country as a whole. If there The number of Americans living in private sector either. But it is obvious is one word that describes the Bush poverty has risen by nearly 4.3 million this President can’t handle our money economic policy, it is ‘‘reckless.’’ If people. That is the number of people either. there is one word to describe the Presi- newly living in poverty under this The Congressional Budget Office dent’s foreign policy in Iraq, it is President. During the Clinton years, projects that by 2009 we will be paying ‘‘reckless.’’ we reduced those who lived in poverty roughly $1,000 for every man, woman, This President has recklessly pur- by 6 million. You were better off after and child just in interest on the public sued tax cuts for the most affluent in 4 and 8 years of Bill Clinton. debt. That is $4,000 for a family of four. our society above other priorities. He Over the last 4 years, the cost that President Bush says he has cut your has recklessly squandered the sur- employers paid for health insurance taxes. That is wrong. We are paying pluses he inherited from President has climbed an extraordinary 59 per- more in property taxes, sales taxes, Clinton. He has recklessly supported cent. We wonder why so many of our and everything else. outsourcing of our jobs. The President small businesses are no longer covering But think about this: By 2009, every has recklessly ignored 45 million Amer- their employees’ health insurance. family of four will be paying about icans without health insurance, and he They simply can’t afford to. $4,000 a year in taxes to pay the inter- has recklessly set us on a course to run But this administration demanded a est on the national debt. Guess what. up nearly $5 trillion in new debt over provision in the new Medicare law that You can’t cut that tax. We have to pay the next 10 years. expressly forbids the Government from the interest on the debt. Last month, the Congressional Budg- negotiating lower drug prices, even As soon as a baby is born in the year et Office announced that this year’s though virtually every other developed 2009, that baby owes that year’s inter- budget deficit will hit around $422 bil- nation negotiates lower drug costs est on the national debt. I don’t know lion, a new record. What was the Presi- with the pharmaceutical companies. how that 1-year-old baby or her family dent’s response? Let’s cut some more But we have one agency of our Govern- is going to earn enough. taxes and run the deficit up even more. ment that is allowed to do so, and that Some keep talking about a death tax When it comes to fiscal policy, Presi- is the Veterans Administration. Guess around here, an estate tax as a death dent Bush is simply out of control. He tax. How about the birth tax? That is is driving this country the way he what. The veterans get the cheapest going to hit in 2009. For every child would be driving recklessly down a drugs in America. God bless them. I am born in America, $1,000 that first year road. all for them. But why don’t we let For him, these tax cuts are prac- Medicare do the same thing as VA is they will have to pay to cover interest tically theology, not ideology. Unfortu- doing? This administration says no. on debt. Why? Because we took their nately, we don’t have a prayer getting They wouldn’t let them do that. This money and we gave the tax breaks to our economic house in order under his administration won’t do it because the wealthiest in our society today. leadership. they are joined at the hip, like Siamese That is wrong. That is just simply Last year, the President’s Council of twins, with the big pharmaceutical wrong. Economic Advisers said that with the companies. One last thing: As I said, those bonds 2003 tax bill, the economy would create As I mentioned earlier, they have must be paid, and that interest must be 306,000 jobs every month. In the past 4 turned the clock back more than 60 paid. Who is buying the bonds? Who months we have created jobs at a third years in taking away overtime pay will be paying interest? More and more of that rate. rights of 6 million American workers. foreign governments and their central We have suffered a net job loss of The President keeps saying we turned banks. nearly a million since Mr. Bush took the corner. Maybe we have turned the Since Mr. Bush took office, Japan office, the only President since Herbert corner and we are headed back to the and China have more than doubled the Hoover during his 4 years who has not 1930s. We are going back to the 1930s. U.S. debt that they own. Our Govern- created one net new job. Remember the Depression? There had ment now owes just those two coun- The unemployment rate, they will been all of these tax breaks for upper tries $854 billion. Pretty soon it will hit say, went down in September. Why? income people. We got into the Depres- $1 trillion. Not because people were getting jobs. sion. People were working 50, 60 hours We have all learned who pays the According to the Bureau of Labor Sta- a week to try to make ends meet, if piper. It is called the consumer. tistics, the labor force shrunk by they could even get a job. So we put in Just ask yourself. Would you rather 152,000. Why? People gave up on look- a 40-hour workweek. We raised salaries be a creditor or a debtor? Which posi- ing for work. Therefore, conveniently and wages of people. tion would you like to be in, creditor they are no longer counted as unem- This administration has turned the or debtor? Think about our country ployed. corner. Mr. Bush says we have turned being in debt to China and Japan to the Recent data released last month by the corner but in fact it is back to yes- tune of $1 trillion. What happens if we the Census Bureau shows that since terday, back to the 1930s. want to negotiate a little trade deal this President took office, real house- When Mr. Bush took office we had that is better and more fair? Who is hold income has fallen by $1,535. That the largest budget surplus in American holding all the cards then? They are compares to a gain of $5,498 during the history. Think of that. The largest the creditors and we are the debtors. Clinton years. Families were better off budget surplus in American history. These are the realities that we have after Bill Clinton was President; with According to all estimates, we were today: Massive tax cuts, rapid in- this President, a $1,535 loss in house- working toward a cumulative surplus creases in Federal spending, record hold income. of $5 trillion in this decade. Think budget deficits, record trade deficits,

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.139 S11PT1 S11282 CONGRESSIONAL RECORD — SENATE October 11, 2004 skyrocketing public debt. But the cred- UNFINISHED BUSINESS OF THE Each of these accomplishments was it card bill will come due. You can’t re- 108TH CONGRESS the product of bipartisan leadership. peal the laws of economics. Eventually, Mr. DASCHLE. Mr. President, as we They testify to the fact that the Sen- massive Government borrowing will set to adjourn, I think back to what I ate can make progress for the Amer- squeeze out private investment and said earlier this year about the need to ican people when we put aside partisan- force interest rates up. set aside bitter partisanship and move ship and focus on the real challenges towards a new politics of common facing Americans. Eventually, massive indebtedness to We all agree, however, that those mo- foreign nations will cause the dollar to ground. During campaigns, candidates and ments were far too rare. fall even more dramatically than it has On a number of occasions, the Repub- parties should be clear about where we so far on Mr. Bush’s watch. Instead of lican leadership pursued an all-or-noth- stand on the issues and how we differ making the needed adjustments to ing strategy that can be poisonous to with our opponents so that voters can meet our responsibilities to retiring the legislative process. baby boomers and our children, this ad- make a choice. That is an essential One of the most regrettable instances ministration undercuts those respon- part of democracy. But we also have a was the Transportation bill. In Feb- sibilities. responsibility to work together con- ruary, we passed legislation to mod- structively, where we can, to find com- ernize our transportation infrastruc- The President just does not get it. He mon ground. continues on his reckless way, reckless ture and create 2 million jobs by an It is not simple, but it is the essen- overwhelming, bipartisan margin. But and stubborn, cutting funding for vet- tial ingredient to making Congress erans and public education and other despite that, the White House and work for the American people. House blocked the Senate bill from be- domestic needs but he wants to send By this measure, the record of the some people to Mars. coming law. 108th Congress is mixed. The same process was at work with Priorities, priorities, reckless prior- At times, we have been able to work the Energy bill. The Senate passed a ities. Reckless in economics and stub- across party lines and, as a result, we bipartisan bill that had few controver- born in continuing to do the same have been able to make meaningful sial provisions. But once the Repub- thing over and over again and expect- progress on some of the issues and lican leadership insisted on attaching ing a different result. challenges that matter most to Ameri- poison pill provisions, this bill became The President seems to say as long as cans. impossible to pass. There is no better example than the we keep cutting more and more taxes The same all-or-nothing approach National Intelligence Reform Act. Sen- for the wealthy, as long as we continue kept us from passing a bipartisan gun ators from both parties worked to- on this reckless course in Iraq, as long liability bill. gether with the members of the 9/11 as we continue this reckless deficit It doomed a bipartisan effort to bring Commission and the families of the spending, well, then it will all work down the cost of prescription drugs for victims of 9/11 to pass real intelligence out. It will be different sometime down America’s seniors by enabling them to reform that will make our Government the road. shop for better prices across the bor- better able to deal with the new der. I am sorry, it is going to dig us deep- threats we face, and make Americans It prevented us from raising the min- er and deeper in the hole. Someone safer in the process. imum wage at a time when millions of once described insanity as doing the This legislation passed 96–2. It dem- Americans work full time yet still live same thing over and over and over onstrated how much common cause we and raise their families in poverty. again and expecting a different result. can find—and how much we can do— And it kept the Senate from passing But we cannot keep doing the same when we put the needs of Americans a mental health parity bill that has 77 thing over and over again and expect a first. cosponsors in the Senate and 249 in the different result. We know what the re- There have been other examples House. sult will be. through the course of the 108th Con- There is a long list of bipartisan leg- Public opinion polls show the major- gress. islation that has been left undone. ity of Americans believe the country is We passed commonsense tax relief for That list exists solely because the lead- headed in the wrong direction. They middle-class families, ending the mar- ership put the needs of American fami- are right. We are headed in the wrong riage penalty and extending the child lies behind those of insurance compa- direction economically. We are headed tax credits. Under this new law, the nies, drug companies, HMOs, and other in the wrong direction for our kids and 70,000 families in South Dakota will special interests. Rather than listening our grandkids. It is time to end this benefit from a $1,000 per child tax cred- to the voices of the American people, reckless course that we are on, to get it they have worked to advance rigid ide- back to a sound fiscal and economic We passed legislation protecting the ological theories. policy in this country. This President pensions of 35 million Americans. Nowhere has that dogmatic stance Notwithstanding the majority’s will not do it. He is just stubborn. He is been more damaging than to the budg- claims, the Senate confirmed 201 of the going to continue his war policy. He is et and appropriations process. President’s 211 judicial nominations— going to continue his policy in Iraq, The minimum requirement of any 95 percent—and the judicial vacancy and he is going to continue his domes- Congress, our most basic responsi- rate now stands at an historic low. tic economic policy because he believes bility, is to pass the appropriations I am particularly pleased that Sen- it is right. He may believe it is right, bills that enable our Government to ator JOHNSON and I have been able to but the majority of Americans do not continue working for the American work with our colleagues to advance think so. people. measures deeply important to the citi- At the beginning of the 108th Con- That is why we need to chart a new zens of South Dakota. gress in 2003, we were told that the course for America. That is why, under We honored the service of our Na- White House and Republican leadership a President JOHN KERRY we will turn tional Guard members and Reservists would ensure the budget and appropria- this country around. We will turn by extending their access to the mili- tions process ran more smoothly than around the mess in Iraq. We will save tary’s TRICARE health care system. ever before. young American lives. We will set right We approved key incentives for the But each of the last 2 years, the proc- our economic policies. We will invest ethanol industry that will mean thou- ess has broken down. Last year, the Re- in education and the health care of our sands of jobs for South Dakota and publican leadership was forced to re- people. We will do it in a sound manner millions of dollars in revenue for South sort to an omnibus spending bill that and 4 years from now we will stand Dakota farmers. combined seven different appropria- here and say truthfully: You are better And we have offered significant help tions bills. off today than you were 4 years ago be- to farmers and ranchers struggling to This year, we might return after the cause JOHN KERRY has been President deal with the effects of the 5-year November elections to vote on a mas- of the United States. drought. sive omnibus spending bill that sews

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.141 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11283 together nine different appropriations deserve leadership that put their needs I look forward to taking up this work bills. first. again next year, tackling the chal- This is not merely a difference of pro- Throughout this Congress, we should lenges of the American people, creating cedure. We all know that omnibus have applied a simple test to our work. a true politics of common ground, and spending bills are fundamentally un- With each piece of legislation that doing right by America. democratic, because they deny the came before us, we should have asked: f American people the right to have Does it do right by America? Does it do their representatives the chance to right by our troops fighting for our se- FURTHER REVISED APPROPRIA- vote on the details of how the Govern- curity overseas? Does it do right by the TIONS ALLOCATIONS COMMITTEE ment is spending their money. seniors who need help buying prescrip- Mr. STEVENS. Mr. President, today, Omnibus bills are invitations to tion drugs? Does it do right by middle- I submit a revised allocation to sub- abuse. Last year, for instance, the Re- class families struggling to make ends committee for fiscal year 2005. The al- publican leadership used conference ne- meet? Does it do right by our children location has been modified to conform gotiations to attach to the omnibus a whose future is in our hands? outlays for the outcome on the con- series of provisions that could never Doing right by America demands a ference on the Department of Home- have passed the House or Senate on politics of common ground. We were land Security Appropriations Act. their own. We don’t know what provi- able to achieve this common ground for These allocations are a revision to sions will be attached to the omnibus the people of South Dakota. those printed in Senate Report 108–356, this time, and we won’t until the And as the Intelligence Reform Act submitted on September 23, 2004. spending bill comes out of conference proved, Congress is able to put aside I ask unanimous consent that a table in November. partisan politics for the sake of all setting forth the revised allocation to One thing is clear. This is not the America, as well. the subcommittees be printed in the way the Framers intended us to legis- We are capable of doing right by RECORD. late or fund our Government. And it is America. We have made progress, but There being no objection, the mate- not what the American people sent us clearly there is much work left to be rial was ordered to be printed in the here to do. They deserve better. They done. RECORD, as follows: FURTHER REVISED ALLOCATION FY 2005 [$ millions]

Discretionary Mandatory Total Subcommittee BA Outlays BA Outlays BA Outlays

Agriculture ...... 16,772 18,282 58,312 44,305 75,084 62,587 Commerce ...... 39,792 40,440 704 705 40,496 41,145 Defense ...... 390,931 415,689 239 239 391,170 415,928 D.C...... 560 554 — — 560 554 Energy & Water Development ...... 27,988 27,897 — — 27,988 27,897 Foreign Operations ...... 19,386 26,785 43 43 19,429 26,828 Homeland Security ...... 32,000 29,819 867 863 32,867 30,682 Interior ...... 20,226 20,137 54 59 20,280 20,196 Labor-HHS-Education ...... 142,317 140,936 342,503 342,402 484,820 483,338 Legislative Branch ...... 3,575 3,696 113 112 3,688 3,808 Military Construction ...... 10,003 10,010 — — 10,003 10,010 Transportation-Treasury ...... 25,439 69,601 18,261 18,262 43,700 87,863 VA, HUD ...... 92,930 101,732 38,912 38,535 131,842 140,267 Total ...... 821,919 905,578 460,008 445,525 1,281,927 1,351,103 Source: Committee on Appropriations, U.S. Senate.

VOTE EXPLANATION It has been a busy 6 years for Senator complexity. He did not simply talk (At the request of Mr. REID, the fol- FITZGERALD. During his brief tenure in about the issues of the day, he took lowing statement was ordered to be this chamber he served on the Senate time to study them, and understand printed in the RECORD.) Agriculture, Commerce, Government them, and then try to do something ∑ Mr. DORGAN. Mr. President, I would Affairs, Small Business, and Aging about them. Time and again he dem- Committees. He was active in a number onstrated that he was a workhorse, not like the RECORD to reflect that I was necessarily absent for the vote on the of legislative areas, including mutual a show horse. The Senate needs more conference report to H.R. 4520. While I fund reform, consumer safety protec- members like him, Senators whom we believe that there were some missed tion, aviation, environmental, and ag- can look to when confronting difficult opportunities on this legislation, over- ricultural issues. And he actively pur- and complex issues. sued the expansion of overseas mar- And the Senate needs more Senators all I support the bill. I voted for the kets. like Senator FITZGERALD who, on a original bill when it passed the Senate During his 6 years in this chamber, number of high-profile issues, includ- and to invoke cloture on the con- Senator FITZGERALD threw himself into ing gun control, health care, patient’s ference report. Had I been present, I some of the most challenging and com- bill of rights, and the environment, would have voted in support of the con- plex issues considered by the Senate. In ANWR drilling, put the good of the ference report.∑ 2000, he attacked waste in Government people of his State, in particular, and f contracting and crafted legislation to the American people, in general, above improve the process by which contrac- RETIRING SENATORS IN THE 108TH partisan party interests and ideology. tors are awarded taxpayer monies. He In attacking political corruption and CONGRESS later worked with me to address the cronyism, he was bipartisan, not sim- PETER, WE HARDLY KNEW YE Pentagon’s ‘‘revolving door’’—an egre- ply in rhetoric, which is easy, but rath- Mr. BYRD. Mr. President, at the gious practice utilized by government er in action, which is a good deal more close of the 108th Congress, we say contractors in exerting influence over difficult. farewell to Senator PETER G. FITZ- the contracting process. In 2002, the I wish Senator FITZGERALD and his GERALD who is leaving us after one former commercial banking attorney wife Nina the best as they begin a new term. lashed out at Enron executives who phase of their lives. The former congressional intern, robbed thousands of workers of mil- SENATOR JOHN BREAUX commercial banking attorney, and Illi- lions of dollars of their life savings, Mr. BYRD. Mr. President, when the nois State Senator was elected to the and he later crafted legislation to re- 109th Congress convenes in January, U.S. Senate in 1998. In fact, he was the form the mutual fund industry. 2005, this Chamber and our Nation will, first Republican in Illinois to win a Time and again he showed himself to unfortunately, be without the services Senate seat in 20 years. be a Senator who is not intimidated by of Senator JOHN B. BREAUX.

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.097 S11PT1 S11284 CONGRESSIONAL RECORD — SENATE October 11, 2004 This will truly be a loss to the Sen- With the retirement of Senator mittee on Veterans’ Affairs. He has ate and to our Nation. With the retire- BREAUX, the Senate will also be losing also served as chairman of the Senate ment of Senator BREAUX, we lose a a fine musician. Every year at Mardi Intelligence Committee. man of exceptional political experi- Gras, Senator BREAUX entertains the In his committee work, and in his ence. This son of an oil-field worker multitudes by playing a washboard. As daily work on the Senate floor, Sen- and a dressmaker began his political a musical instrument, a washboard is ator GRAHAM earned the respect of ev- career as a staff aide to Congressman, not a fiddle, but I am sure it sounds eryone in this chamber for his honesty, and later, Governor, Edwin Edwards. good, as good as a washboard can, I his decency, and his integrity. In the Mr. BREAUX was elected to the U.S. guess. rough and tumble world of American House of Representatives seven times, With the retirement of Senator politics, Senator GRAHAM always re- the first when he was just 28 years of BREAUX, we will be losing a Senator mained a gentleman. age, making him the youngest member known for his disarming humor. Dur- He also earned the respect of his col- of the United States Congress at the ing the anthrax problem of October leagues for his ability to reach across time. He served in the House for 14 2001, he boasted that the fish in his of- the aisle for the greater good of his years where he, among other things, fice would survive because ‘‘they are State and our Nation. As a result, Sen- was a principal architect of the 1983 re- not weak Northeast fish . . . They are ator GRAHAM established a long record authorization of the Endangered Spe- strong Louisiana fish.’’ I think that of bipartisan accomplishments on cies Act. was supposed to be funny. If it was sup- issues of national security, health care, In 1986, he was elected to the U.S. posed to be a fact, I will put up a good education, environment, veterans bene- Senate, and has served three terms in West Virginia mountain rainbow trout fits, and intelligence matters. this chamber. Now, after 32 years of any day against his Cajun aquatic bot- The people of Florida have been well congressional experience, Senator tom feeders. served by their Senator. In this Cham- BREAUX is leaving us. Most importantly, with the retire- ber, he has helped protect the workers With the retirement of Senator ment of Senator BREAUX, we will be in his State from unfair cheap imports, BREAUX, we lose one of those Senators losing a good man. A man who was al- worked to secure the protection of the who is always ready and willing to ways there to help. A man whose word Everglades, and has fought tenaciously reach across the aisle to find common is his bond. A man who has constantly to reduce the traffic in illegal drugs in ground, to achieve the workable com- demonstrated his loyalty to this cham- Florida. He was one of the principal ar- promise. He has constantly dem- ber and to his country. A man who chitects of the 1988 omnibus anti-drug onstrated the ability to reach beyond came up the ‘‘hard way,’’ without any- bill and organized efforts to attack partisan and ideological differences, thing being handed to him, but through money laundering by drug smugglers. During his political career, Senator without abandoning his basic prin- hard work, dedication to duty and to GRAHAM also became famous for three ciples. Politics is said to be the art of his State and our country, fashioned a things. The first is his wardrobe, that compromise, and this was an art that remarkable and successful career. is, the ties that he wears. Everyone Senator BREAUX constantly practiced. I wish Senator BREAUX and his wife who knows Senator GRAHAM knows On issue after issue, including health Lois the best as they enter the next that he only wears ties with an outline care, energy production, tax cuts, and phase of their lives and careers. of Florida on them. welfare, he demonstrated his ability to SENATOR GRAHAM The second is that for almost three broker bipartisan deals, his penchant Mr. BYRD. Mr. President, the Bible decades he has recorded in detail every for deal making, and his talent for tells us that ‘‘unto whomsoever much waking moment of his life. fashioning legislative coalitions. With is given, of him shall be much re- The third thing for which Senator his efforts to break Senate stalemates quired.’’ GRAHAM is well known is his so-called on Medicare, Social Security, edu- When BOB GRAHAM came to the ‘‘workdays.’’ One day each month for cation, health care for the uninsured, United States Senate, ‘‘much’’ was ex- the past three decades, he has per- and other issues, he earned a well-de- pected from him because much had formed a job, usually manual labor, in served reputation as a behind-the- been given. order to stay in touch with and to bet- scenes mediator. Senator BREAUX ex- He came to the Senate from a ter understand the problems and the emplified the wisdom of not allowing wealthy and successful family. His fa- needs of the people of his State. the perfect to be the enemy of the ther, Ernest ‘‘Cap’’ Graham, was a He has now performed nearly 400 dif- good. wealthy and successful Florida dairy ferent jobs. He has been a flight attend- Even when I disagreed with him, man and politician. His half-brother, ant, a truck driver, and a chicken which I have, I still admired his efforts Phil Graham, was a well-known pub- plucker. He has cleaned up after hurri- to find that workable solution. Even lisher of a major newspaper here in the canes, and he has cleaned up after dogs when he was unsuccessful, which was Nation’s capital. as he once spent a day handling a rare, I still respected his skill and the He came to the Senate with a wealth ‘‘pooper scooper.’’ He once spent a day cause he was advocating. With wit, de- of experience. After graduating from bagging groceries, and has even per- termination, and patience he is always the University of Florida and Harvard formed on stage. He has worked with in pursuit of a constructive course of Law School, he served two terms in the policemen, doctors, fishermen, fire- action, and that won him many admir- Florida House of Representatives, 1967– fighters, and teachers. ers, including me. 1971; two terms in the Florida State These ‘‘workdays’’ were not gim- Because of his efforts and his consid- Senate, 1971–1979. In 1978, he was elect- micks or media events. They were im- erable skills, he chaired the National ed Governor of Florida, where he portant means by which he could bet- Bipartisan Commission on the Future served two terms, 1978–1986. ter serve people of his State. While of Medicare and he co-chaired the Na- In 1986, having never lost an election, Governor of Florida, it was during his tional Commission on Retirement Pol- and with a record of accomplishments workday as a public schoolteacher that icy. He also served as chairman of the as both legislator and a chief execu- he experienced firsthand the serious Special Committee on Aging and as tive, he was elected to the U.S. Senate. overcrowding in his State’s school sys- chairman of the Surface Transpor- Therefore, no one could have been tem. As a result, when he got back to tation and Merchant Marine Sub- faulted for expecting much from him, Tallahassee, he sought more funding committee. He is currently the senior and I am pleased and proud to say he for school construction to accommo- member of the Finance Committee. has delivered. date the State’s booming student popu- Recognizing and appreciating his He was a most effective member on a lation. leadership abilities, in 1993, his Demo- number of important Senate commit- On his 355th workday he worked in a cratic colleagues elected him chief dep- tees, including the Senate Committee hospital, trying to secure insurance uty whip, and in this postion Senator on Banking, Housing and Urban Af- provider authorization for treatment in BREAUX has served this chamber, my fairs, the Senate Finance Committee, the emergency department. This frus- party, and our country effectively and the Senate Committee on Environment trating experience led him to introduce successfully for more than a decade. and Public Works, and the Senate Com- the Emergency Medical Services Act.

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.100 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11285 While serving customers in a Florida mention his efforts to block the Pa- But at the same announcement of the pharmacy, he heard from seniors who tient’s Bill of Rights, his efforts to de- birth of his grandson, I could not help could not afford to pay for their pre- feat increases in the minimum wage, myself in reminding Budget Chairman scription drugs. Afterwards, he played and his effort to scuttle a Democratic NICKLES that, given his support for a a lead role in the effort to expand initiative to help unemployed workers budget that embraces record deficits, Medicare benefits to cover prescription to be able to afford medical insurance his sweet grandchild was born owing drugs for seniors. coverage. Still, I have always admired $24,000 on the national debt. Despite my admiration for Senator and respected him for the firmness of Although I failed to disabuse him of GRAHAM, I must confess that I have had his convictions and his beliefs, and his his egregious interpretation of the my disagreements with the senior Sen- willingness to stay with them despite budget reconciliation process, Senator ator from Florida. More than once, I the consequences. NICKLES, I am convinced, has come to have heard him issue his boast that, Even with the firmness of his convic- understand the importance of debate in ‘‘the future of America is Florida.’’ We tions, he has never allowed himself to the Senate. Earlier this year, he de- all know, of course, that the future of be trapped or bound by dogmatic par- voted many hours to studying the America is West Virginia. But neither tisan stands. Time and again I have budget rules for ways to eliminate the this, nor other disagreements, has de- watched and admired his willingness to so-called ‘‘vote-a-ramas’’ that usually terred or subtracted from my respect reach across the aisle and work with accompany the Senate’s budget de- for him. He has made an enormous con- Democratic Senators in bipartisan ef- bates. To his great credit, Senator tribution to the Senate, where he has forts to extend unemployment benefits, NICKLES demonstrated that rule effectively and successfully served his to win passage of a regulatory reform changes are not necessary. Together State and our country. bill, and to secure passage of other with Senator CONRAD, he orchestrated Unfortunately, Senator GRAHAM has measure that, otherwise, may well this year’s budget debate in a manner decided that, after three terms in the have gone down in defeat. that allowed adequate time for all Sen- During his 24 years in this chamber, Senate, it is time to leave us. We will ators to offer and debate their amend- Senator NICKLES has served on the Sen- miss his wisdom, his decency, and his ments. For the first time in many ate Finance Committee, Senate Energy remarkable dedication in service to our years, there was no ‘‘vote-a-rama,’’ and Natural Resources Committee, Nation. Much was expected of Senator thanks to Senator NICKLES. Labor and Human Resources Com- GRAHAM, and he, indeed, exceeded all It has been reported in the media mittee, Small Business, and Joint expectations. that Senator NICKLES was discouraged Committee on Taxation. I wish him and his wife, Adele and disappointed that, in his final year For 14 of his 24 years in the Senate, Khoury, the best of health and happi- he has served in Republican Senate as chairman of the Budget Committee, ness in their retirement. Leadership, first as chairman of the the Senate was not able to reach a con- SENATOR DON NICKLES Senate Republican Senatorial Com- sensus with the House of Representa- Mr. BYRD. Mr. President, the motto mittee, and then as chairman of the tives on a budget resolution. I hope of the great State of Oklahoma is Republican Policy Committee, which Senator NICKLES realizes that the ‘‘Labor Conquers All.’’ he transformed from a lunch club into model of civility he created as chair- How perfect this is for the senior a ‘‘conservative think tank.’’ In 1996 man of the Budget Committee will be Senator from Oklahoma, Senator DON and again in 1998, he was elected As- remembered and emulated, and that NICKLES, who has accomplished so sistant Republican Leader, Republican this accomplishment will survive in much, and gone so far because of his Whip. the annals of the Senate longer than willingness to work. In January, 2003, Senator NICKLES any budget document. As a young man, after the death of left the Senate Republican leadership While I must admit that I will not his father, DON NICKLES worked his to become chairman of the Senate miss some of the values that he so elo- way through college as a janitor mak- Budget Committee, and this is where I quently advocated, and for which he so ing minimum wage. After graduation, really came to know and appreciate effectively fought, I do regret anytime he returned to his home town of Ponca what an outstanding legislator he is. the Senate loses a good person, and City to help run the family business, As I attended Budget Committee Senator NICKLES is a very good person. the Nickles Machine Corporation, of hearings and markups held by Chair- During his 24 years, this outstanding which he became vice persident, and man NICKLES, I came to realize his ap- Senator, through his hard work, his then general manager. preciation for the Senate as an institu- friendliness and his dedication and de- In 1978, he was elected to the Okla- tion, and his determination to make termination, has helped make the Sen- homa State Senate. this institution work. I saw, first hand, ate a better place, and for that, I am Two years later, in 1980, he was elect- his efforts to accommodate differences grateful and thankful. Time and again ed to the U.S. Senate as part of the and to restore bipartisanship to the he has demonstrated that ‘‘labor’’ cer- ‘‘Reagan Revolution.’’ When he took Senate Budget Committee. While he tainly does ‘‘conquer all.’’ office in 1981, he was just 31 years of staunchly advocated his beliefs, Budget I wish him and his wife, Linda, happi- age, the youngest Senator in the 97th Chairman NICKLES emphasized polite- ness, health, and prosperity as they Congress. Seventeen years later, in ness, courtesy, cordiality, and ami- enter the next phase in their lives. 1998, he became the only Oklahoma Re- ability. These qualities endeared him f publican ever elected to a fourth term to Democratic and Republican mem- BUSH TRANSPORTATION POLICIES in the U.S. Senate. bers of the Budget Committee. ARE WRONG FOR RURAL AMERICA During his 24 years in the Senate, for It was here in the work of the Budget better and for worse, Senator NICKLES Committee that I really saw his per- Mr. BYRD. Mr. President, 4 years has remained consistently true to his sonal side. I remember Senator NICK- ago, candidates George Bush and DICK basic conservative principles. Congress LES’s first Budget Committee markup CHENEY promised those of us from rural Daily has justly referred to him as, as chairman. Senator NICKLES arrived America that they understood the ‘‘the keeper of the conservative at the markup and announced that his challenges we face and that they would flame.’’ daughter had given birth to his first work to make our lives better. Now, Being true to his conservative prin- grandchild, Nicholas Fenton Rossiter. I the President and Vice President are ciples has sometimes led him into tak- had seen many times the look of pride going back out to the rural parts of the ing some lonely stands. And his un- on a new grandfather’s face, and it in- country, to Appalachia, to my home flinching commitment to his conserv- spired me to recite a poem for his State of West Virginia, to tell us that ative principles have led him to take grandson. ‘‘Dear Nicholas, first, in thy we have turned the corner. They are positions that have angered constitu- grandfather’s arms, a newborn child, saying that, thanks to their work dur- ents of his own State. His principles thou didst weep, while those around ing these past 4 years, our prospects have even led him into positions on thee smiled, so live, that in thy lasting are improving. They tell us that, due issues that have annoyed me. In addi- sleep, thou mayst smile while those to their policies, job growth is increas- tion to his views on tax cuts, I could around thee weep.’’ ing. And they argue that if we want

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.102 S11PT1 S11286 CONGRESSIONAL RECORD — SENATE October 11, 2004 more of the same in the future, we need Regrettably, the President has ignored by those deciding where Fed- to re-elect them to another term. threatened to veto the highway bill eral monies would be spent. Infrastruc- The reality is a far cry from the pic- that was passed by an overwhelming ture development in rural America ture the President paints. Those of us margin in the Senate. That bill would still lags far behind the investments in rural America, and for me that provide the funds necessary for a ro- being made in our urban areas. And means the rugged Appalachian moun- bust investment in rural America’s in- this problem will only be compounded tains of West Virginia, have known frastructure, including the Appa- by the re-election of a President who is that, in order to improve our ability to lachian Development Highway System. tone-deaf to the needs of rural Amer- attract and maintain good-paying jobs, It appears that under this administra- ica. we have to build an infrastructure to tion, investments in road conditions The President continues to make match those in the urban parts of are beginning to mirror the distribu- empty promises, continues to assure us America. That includes more four-lane tion of wealth in our country. The rich that we have, indeed, turned the cor- divided highways and an improved na- are getting richer while the poor get ner. But, for many rural Americans, tional passenger rail network. But, the poorer. that corner is on a dangerous, winding President has proposed policies to slow The President and Vice President road with no help in sight. highway construction and shut down also have proposed to further limit our f Amtrak. If enacted, these proposals transportation options in rural Amer- ATTEMPTS TO KILL THE ESLGP would add to the staggering job losses ica, including West Virginia, by under- already experienced in rural America funding and thereby shutting down Mr. BYRD. Mr. President, the Bush under the Bush administration. Amtrak. Each of the Bush administra- administration would like us to think This Congress is now a year late in tion’s four budget requests has tar- it has spent the last 4 years standing passing reauthorization legislation for geted Amtrak and suggested funding up for steel in West Virginia and across the Federal Government’s surface levels that would have rendered the the Nation. But this administration transportation programs. The main system inoperable. President Bush has has never stood up for steel. If the West reason for this delay is that the Presi- proposed to limit Amtrak to the North- Virginia steel industry has benefited at all in the past 4 years, it is in spite of dent opposes efforts to adequately fund east where it would serve only as a the Bush administration. the construction of better and safer commuter rail network. Long distance The Bush administration said it roads, particularly in rural America. In trains, such as the Cardinal that pro- would impose Section 201 tariffs on im- the meantime, transportation projects vides a lifeline for communities across ports of unfairly traded steel, but then are stalled and tens of thousands of southern West Virginia, or the Capitol it lifted the steel tariffs 15 months construction jobs have been lost. Limited that serves the eastern pan- early. The Bush White House refused to In 1965, the Congress adopted the Ap- handle, would be eliminated under the palachian Regional Development Act stand up for steel, and I would like to President’s plan. take this opportunity to remind Amer- that promised a network of modern Amtrak is a critical transportation ica’s steelworkers, including those in highways to connect the Appalachian link for people in all corners of this West Virginia, of this important fact. Region to the rest of the Nation’s high- country. Each day, millions of people Let’s look at some other important way network and, even more impor- ride the rails to get to and from work, facts: over the past 4 years there has tantly, the rest of the Nation’s econ- to visit family and friends living many been a program to provide tangible re- omy. Absent the Appalachian Develop- miles away, or to travel on vacation. lief to steelworkers in West Virginia, ment Highway System, ADHS, my re- Make no mistake, if Amtrak closes op- Ohio, and Pennsylvania. That program gion of the country would have been erations, it will not be without great is the Emergency Steel Loan Guar- left solely with a transportation infra- cost to communities both large and antee Program, which I enacted in 1999 structure of dangerous, narrow, wind- small. If Amtrak were to shut down, with bipartisan support to help steel ing roads which follow the paths of the Nation’s transportation system companies in economic distress. Over river valleys and stream beds between would be thrown into chaos. the past 2 years, that program has mountains. These roads are still, more For many rural Americans, Amtrak served as an absolute life-line to thou- often than not, two-lane roads that are represents the only major transpor- sands of steelworkers from Ohio, Penn- squeezed into very limited rights-of- tation link to the rest of the country. sylvania, and West Virginia. The Steel way. They are characterized by low If the President has his way, West Vir- Loan Guarantee Program has saved travel speeds and long travel distances ginians who live in or near Harpers thousands of jobs in spite of the Bush and are often built to inadequate de- Ferry and Martinsburg would lose ac- administration, which has worked sign standards. cess to the Capitol Limited train that night and day to kill the Emergency The rationale behind the completion runs from Washington, DC, to Chicago. Steel Loan Guarantee Program. of the Appalachian Development High- Others who live in or near White Sul- The story of steel in West Virginia way System is no less sound today phur Springs, Hinton, Beckley, Thur- over the past 4 years is a dramatic than it was in 1965. Unfortunately, mond, Montgomery, Charleston, and story of hard work, hope, and triumph. there are still children in Appalachia Huntington would lose access to the But that is no thanks to this adminis- who lack decent transportation routes Cardinal train that runs from New tration. Over the past 4 years, both to school; and there are still pregnant York City to Chicago. Weirton Steel and Wheeling-Pittsburgh mothers, elderly citizens and others At a time when countries across the Steel filed for bankruptcy due to unfair who lack timely road access to area globe are moving forward by making imports. But the Bush administration hospitals. There are thousands upon investments in various passenger rail still thought it was a good idea to lift thousands of people who cannot obtain projects, whether it be high-speed bul- the steel tariffs 15 months ahead of sustainable, well-paying jobs because let trains in Taiwan or Mag-Lev trains schedule. of poor road access to major employ- in Japan, President Bush has proposed In dire straits, both companies ment centers. to shut down America’s passenger rail sought the only real relief that was We have virtually completed the con- service. Next time the President or available to them, which were loan struction of the Interstate Highway Vice President campaigns in Hun- guarantees provided by the Emergency System and have moved on to many tington, Charleston, or Beckley, I hope Steel Loan Guarantee Program. The other important transportation goals. they will explain why they believe the steel companies filed applications for However, the people of my region are economic prospects of these commu- emergency steel loan guarantees with still waiting for the Federal Govern- nities will be improved with the elimi- the program’s loan board to enable ment to live up to its promise, made nation of the national passenger rail them to stay in business and not put some 39 years ago, to complete the Ap- network. 8,000 to 10,000 people out of work. palachian Development Highway Sys- I have worked my entire Congres- And what was the Bush administra- tem. And under the President’s plan, sional career to ensure that West Vir- tion’s response? In both its fiscal year they may have to wait several more ginia gets a fair shake from the Fed- 2003 and 2004 budget requests, at ex- decades. eral Government. My State was long actly the time when Weirton and

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.112 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11287 Wheeling-Pittsburgh Steel and their Ohio, Pennsylvania, and West Virginia. amendments to make good on the thousands of workers desperately need- And that is not ROBERT BYRD saying it; promise of No Child Left Behind, the ed a loan guarantee to stay alive, what that is the president of the steel com- Bush White House and the Republican did this administration do? It sought pany where 4,000 jobs were saved saying congressional leadership line up and to rescind all of the funds available to it. defeat those amendments. Making false the Emergency Steel Loan Guarantee So, let me say this, loud and clear: promises to teachers and students and Program. These rescission requests steelworkers in West Virginia and parents is no way to improve teaching were pending at exactly the same time across the Nation, believe me when I and learning. It is another in this ad- that both Weirton and Wheeling Pitts- tell you that this administration is not ministration’s broken record of broken burgh Steel had loan guarantee appli- in your camp. Don’t be hoodwinked by promises. cations pending before the loan board. their phony concern for your welfare. Look at one program as an example. When Wheeling-Pittsburgh’s first ap- It is not sincere. They don’t care about The Federal title I initiative provides plication was denied, it had to refile. you. Words are cheap. Actions matter. dollars geared specifically for children The administration continued to re- As the Book of James states, ‘‘What from poor school districts. The No quest rescission of all funds in the loan good is it, my brothers, if a man claims Child law established specific funding program. to have faith but no deeds?’’ This ad- levels for title I for every year through But those of us who know West Vir- ministration loves to talk about what 2012, including $20.5 billion this year. ginia, who love West Virginia, and love it has done for West Virginia steel, but But the Bush administration tells its people, stood up for steel and stood it did nothing. Where are the deeds? schools to make do with a whole lot against the Bush administration. We The Bush administration hasn’t been less, undercutting that pledge in its put our shoulders to the grindstone and there for Weirton and Wheeling-Pitts- budget by more than $7 billion. pushed with all our might to find a way burgh Steel’s thousands of steel- In my state of West Virginia, about to keep West Virginia’s steel industry workers and retirees when they needed half of the public schools receive title in business. Unlike the Bush adminis- its help. I funding. While the President’s No tration, we kept faith with the people And we know that, based on its de- Child Left Behind Act promised Moun- of West Virginia. As ranking member plorable track record, the Bush admin- tain State schools $154 million for title of the Appropriations Committee, I was istration won’t be there for them in the I for 2005, the Bush administration’s able to persuade the committee to re- future. budget undercut that funding by 36 per- tain funding for, and reject the admin- f cent. Translated into students, the istration’s attempts to kill, the Emer- President’s budget would deny full LEAVING WEST VIRGINIA gency Steel Loan Guarantee Program services to 18,398 West Virginia chil- CHILDREN BEHIND in both 2003 and 2004. But that didn’t dren. Evidently, ‘‘Leave Only 18,398 stop the Bush administration. When it Mr. BYRD. Mr. President, I attended Children Behind’’ was not a catchy became clear that they couldn’t kill a two-room school house as a young enough title for the new law. the program in their budget, they tried boy. When I moved on to high school, I When President Bush signed the No to kill it administratively, by shifting was one of 28 students in my grad- Child Left Behind Act on January 8, funds out of the steel loan guarantee uating class at Mark Twain High 2002, he made a statement that I whole- program and into another Commerce School. At Mark Twain, there was no heartedly endorse. The President said: Department account. Instead of help- question of accountability. The teach- There’s no greater challenge than to make ing steelworkers keep their jobs, the ers were in charge. The students were sure that every single child, regardless of Bush administration wanted to shift there to study. My parents drilled one where they live, how they’re raised, the in- money in the loan guarantee program idea in my head, and it remains a guide come level of their family, every child re- to some other account at the Com- for me today: learn. Learn, and always ceive a first-class education in America. merce Department, an agency that, in strive to make yourself smarter tomor- That is what the President said. this administration, has spent millions row than you are today. But what the President said and what of dollars helping multinational cor- Sadly, too often today, that same the President coughs up in funding porations transfer American jobs over- emphasis is not placed on teaching and have proved to be vastly different sto- seas. learning. I know it. Parents know it. ries. The No Child Left Behind Act But, some of us, unlike the Bush ad- Members of Congress know it. That is promised to give schools the money ministration, believe in keeping Amer- why we voted to create the No Child they need to help every young person ican jobs here at home. So we kept Left Behind Act. Congress and Presi- in this country succeed in the class- pushing to save our steel jobs. To stop dent Bush worked together to ensure room. That promise has been broken. them from being sent overseas. And, we greater accountability in America’s When it comes to America’s schools did it. We did it in spite of the Bush ad- schools. We established standards. We and keeping the promise of No Child ministration. If you don’t believe me, set the bar. But to help schools reach Left Behind, the Bush White House listen to what Jim Bradley, the CEO of those standards and surpass them, Con- gets an F. Wheeling-Pittsburgh Steel Company gress and the President promised in- The title I program is not the only said on March 26, 2003, the day on creased resources to help schools suc- education program facing funding which Wheeling Pittsburgh’s applica- ceed. To date, it has been an empty shortfalls. The Bush administration tion for a steel loan guarantee was ap- promise. freezes Pell Grant awards for the third proved. He stated: Since President Bush signed the No straight year, cutting back on college Without the leadership of Sen. Robert Child Left Behind Act into law with financial assistance. The White House Byrd, Wheeling-Pittsburgh Steel’s 3,800 em- such great fanfare in 2002, not one Bush also has proposed to eliminate funding ployees would be facing a bleak future. By creating and fighting for the Emergency administration budget has provided the for 38 school programs including drop- Steel Loan Guarantee Program, Sen. Byrd funds that America’s schools expected. out prevention, school counseling, al- has given this company and its workers the In fact, nationwide, the Bush White cohol abuse reduction, and arts in edu- opportunity to build a future for themselves House has shortchanged schools by $33 cation. and for the communities in which they live billion. How often do we hear that fact If there is one Federal investment and work. from the White House? Not once. The that can offer real dividends down the Now, I am not reading this to toot administration trumpets its No Child road, it is education. But the White my own horn. I am reading it to re- Left Behind Act, but fails miserably House continues to play political mind West Virginia steelworkers and when funding it. Accountability cannot games with classroom funding. It is their families that this administration just be a standard for teachers; it must time to end the posturing and give stu- is not here to help you. I am reading it also be a standard for this administra- dents and teachers the resources that to remind everyone listening that this tion. they need to succeed. administration worked to kill the very Compounding the problem and the In the coming weeks, the Senate will steel program that saved the steel jobs frustration for parents and teachers, once more vote on the legislation that of thousands of steelworkers from each time I and other Senators offer funds No Child Left Behind and Pell

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.113 S11PT1 S11288 CONGRESSIONAL RECORD — SENATE October 11, 2004 Grants and education initiatives DOE’s miserable job with this pro- States in which these facilities are lo- throughout the country. I urge Sen- gram was especially troubling because cated to issue permits to protect the ators to finally make good on the of the Kentucky workers at the Padu- surface and drinking water near these promise made to parents and students cah Gaseous Diffusion plant, where the DOE facilities. The new conference re- and teachers. And I urge the adminis- uranium shipped to sites throughout port language in section 3116 appears to tration to stop playing games with the country was refined. protect the right of states to approve America’s kids. Our schools and our Under DOE’s operation, more than closure plans or issue permits for the children cannot afford 4 more years of 3,000 former Paducah workers have closure of nuclear waste containing broken promises. filed for compensation for their ill- tanks. The opening lines of section 3116 f nesses. But zero Paducah workers have specifically eliminates the ability of received compensation for their ill- the Federal Government to regulate DOD AUTHORIZATION nesses. CONFERENCE REPORT these tanks under the Nuclear Waste The provision in this bill transfers Policy Act of 1982, the Energy Reorga- Mr. BUNNING. Mr. President, I rise Subtitle D claims processing oper- nization Act of 1974 or ‘‘other laws that today in support of the Department of ations from the Department of Energy define classes of radioactive waste.’’ Defense Authorization conference re- to the Department of Labor, which is This language is silent on state’s au- port. currently handling thousands of simi- thority, delegated to them by the fed- This bill funds important priorities lar claims under Subtitle B of the pro- eral government under the Clean Water for our troops. It gives them a 3.5-per- gram. and Safe Drinking Water Acts, to issue cent pay raise. It makes last year’s in- The Department of Labor runs one of permits protecting surface water and creases in special pay for combat duty the largest and most efficient claims drinking water. The conferees did not and family separation permanent. operations in the country. The bill expands health care coverage Payments will be made directly by exempt the requirements of the Clean for our National Guard and Reserve the Department of Labor to the worker Water and Safe Drinking Water Acts. members and improves retirement and or survivor. This solves the current These laws and the regulations that survivor benefits for those who have issue of no willing payer for all eligible implement them, which do contain served. claims. Workers will get prompt med- lists of radioactive pollutants, are not The bill also funds the safety needs of ical care for their covered illnesses overridden. It is my hope that these our troops for the coming year. It in- with no need to go through another laws will be implemented the way the cludes over $750 million for force pro- system at the State. conferees intended, and States will tection gear, including over $430 mil- This reform effort finally fulfills the continue to be allow to protect their lion for body armor. More than $570 promise that Congress made to DOE citizens from exposure to radioactivity million is provided for additional ar- workers in 2000. through the water they drink and our mored humvees, and another $100 mil- Many of these workers are ill and lakes, rivers, streams and wetlands. lion will be used on more armor for ex- dying. Because of this reform, they will I am also concerned that nuclear isting vehicles. not have to wait for the Department of waste greater than class C, and gen- This bill gives our troops the tools Energy to get its act together to proc- erally not suitable for near surface dis- they need to do their jobs, and the ben- ess and pay the valid claims in a time- posal, will remain onsite with limited efits they and their families deserve. ly manner. DOL will take over these oversight. Section 3116 allows these This bill also contains important re- operations and process the claims wastes to stay onsite pursuant to a forms to the Energy Employees Com- much more efficiently and get deserv- plan developed by the DOE in consulta- pensation Program. ing claimants the compensation Con- tion with the NRC. I would have pre- The Bunning-Bingaman worker com- gress promised. ferred that NRC be explicitly required pensation Amendment was added in the I urge you to support this conference to follow current regulation regarding bill when it was on the Senate floor. report to help protect those workers disposal of greater than class C waste. The amendment included reform for who risked their health and safety to Section 3116 instead requires a new the compensation program and was co- help us win the cold war. ‘‘plan’’ that has no particular require- sponsored by a bipartisan group includ- Mr. JEFFORDS. Mr. President, I rise ments. Mr. President, radioactive ing myself and 18 other Senators. to express my concern about section waste remains environmentally harm- I thank the Senate managers, Sen- 3116 of the fiscal year 2005 Department ful for an extremely long period of ators WARNER and LEVIN, for their con- of Defense Authorization Conference time. It had been my hope that we sideration and support of this impor- Report, S. 4200, which the Senate could have been more clear about the tant provision in the conference report. passed by unanimous consent this guidelines for its disposal. This provision will fix the problems week. Section 3116 establishes new pro- As a member of the Committee on with Subtitle D of the Department of cedures for the disposal of high-level Environment and Public Works, one of Energy’s Energy Employees compensa- radioactive waste in South Carolina the Senate Committees with jurisdic- tion program for sick injured cold war and Idaho that resulted from the re- tion over the management of nuclear workers at Energy sites throughout the processing of spent nuclear fuel at De- materials, I am deeply concerned with country. partment of Energy, DOE, facilities. this provisions. It is unfortunate that Since the end of World War II, work- As my colleagues will recall, 48 mem- it will soon be law. I am concerned ers at Department of Energy sites bers of this body voted to remove these that, in the future, with one small across the country helped our Nation provisions during Senate floor consid- change in this legislation, several face threats from our enemies by cre- eration of the fiscal year 2005 Depart- other States may find their water re- ating and maintaining our Nation’s nu- ment of Defense Authorization bill. sources at risk. clear weapons. Senators were concerned that the pro- Indeed, if this waste sludge remains, Many of these workers sacrificed visions in the Senate-passed bill would the Savannah River site would con- their health and safety and were ex- allow the Department of Energy to tinue to be among the most radio- posed to harms unknown at the time in leave millions of gallons of high-level actively contaminated sites on the their work to preserve our freedoms. nuclear waste next to drinking water planet. It is my hope that the agencies Congress passed a compensation pro- supplies in South Carolina. While these responsible for implementing this sec- gram for the energy workers in 2000 in provisions have been modified in con- tion will do so responsibly, and I will an effort to help these workers. ference and some changes have been be monitoring their actions. The Department of Energy’s Subtitle made in an effort to strengthen the f D program failed miserably. During the language, I regret to say that loopholes past 4 years the Department received still remain that cast serious doubt 20TH ANNIVERSARY OF NATIONAL $95 million but processed and paid only about whether the environment near BREAST CANCER AWARENESS a small number of the more than 25,000 these facilities will be protected. MONTH claims for workers who were made ill I want to be certain that this lan- Mr. JOHNSON. Mr. President, I rise by their work. guage does not preempt the ability of today to share my support and

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.105 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11289 thoughts on the 20th anniversary of Oc- Once again, I commend the work and childbearing age reported taking a vi- tober’s designation as National Breast dedication of all the individuals who tamin containing folic acid every day, Cancer Awareness Month. I am pleased continue to bring awareness to this im- an increase of eight percentage points to see the dedication and awareness portant cause in the month of October, from 2003. This increase suggests a sub- that has grown over the past 2 decades as well as year round. These efforts stantial positive change in behavior. regarding this specific type of cancer. have saved numerous lives and will Since the Food and Drug Administra- Twenty years ago, very few people someday hopefully eradicate this type tion decision to fortify enriched grains openly discussed breast cancer. General of cancer. with folic acid, the CDC has docu- public awareness regarding the high oc- f mented a 26 percent decline in these currence or symptoms was next to birth defects. Despite this success, none. As a result many lives were lost MILC PROGRAM thousands of pregnancies each year do to the lack of knowledge and edu- Mr. FEINGOLD. Mr. President, while continue to be affected by these pre- cation regarding detection, treatment, the Senate has passed some important ventable birth defects. Thus, increasing and prevention. However, over the past legislation over the last few days, I use of vitamins containing folic acid 2 decades awareness has reached astro- deeply regret that the Senate will remains an important strategy for pre- nomical levels. Today, breast cancer leave town today without extending venting these birth defects. awareness is displayed by various orga- the Milk Income Loss Contract, MILC, Although folic acid consumption re- nizations and facets of all kinds both in Program. Wisconsin’s dairy farmers duces the risk and incidence of Spina and out of the health care community. have relied on the safety net provided bifida pregnancies, we will still have Most of all breast care awareness is by the MILC Program to get them babies born with Spina Bifida who need highlighted by the growing number of through the lowest milk prices in re- intensive care and families that need survivors who are alive to share their cent years, and this program needs to guidance and support in caring for and stories of difficulty and hope. That be extended. raising these children. As a result of alone is a feat in itself which shows I applaud my colleagues, the senior this neural tube defect, most babies suffer from a host of physical, psycho- that public awareness has grown and Senator from Wisconsin, Mr. KOHL, for logical, and educational challenges, in- continues to do so. his efforts to extend the MILC Pro- My wife Barbara is one of these sur- gram. Wisconsin farmers count on the cluding paralysis, developmental delay, numerous surgeries, and living with a vivors, who battled this condition, not safety net the MICL Program provides, shunt in their skulls in an attempt to once, but twice. If it was not for the and I hope that the Senate will take up ameliorate their condition. Today, ap- continuous efforts over the past 2 dec- and pass an extension of MILC before proximately 90 percent of all babies di- ades, my wife may not have had the that program expires on September 30, agnosed with this birth defect live into knowledge or encouragement to detect 2005. adulthood, approximately 80 percent early symptoms and seek diagnosis and f have normal IQs, and approximately 75 treatment. My family and I are thank- percent participate in sports and other ful everyday that Barbra made it NATIONAL SPINA BIFIDA recreational activities. With proper through these difficult ordeals. To- AWARENESS MONTH Mr. DODD. Mr. President, I rise medical care, people who suffer from gether we learned how important it is Spina Bifida can lead full and produc- today to remind my colleagues that for women of all ages to be proactive in tive lives. However, they must learn October is National Spina Bifida learning about prevention, detecting how to move around using braces, Awareness Month and to pay tribute to symptoms, and seeking early treat- crutches or wheelchairs, and how to the more than 70,000 Americans and ment. function independently. They are also I applaud the various efforts that are their family members who are cur- at risk of a host of secondary health being carried out nationwide by vary- rently affected by Spina bifida—the problems ranging from depression and Nation’s most common, permanently ing entities such as business, corpora- learning disabilities to skin problems disabling birth defect. tions, media, publications, schools, and severe latex allergies. spokespersons, and women and men of Spina bifida is a neural tube defect Lifesaving breakthroughs in re- all ages. This widespread dedication is that occurs when the central nervous search, combined with improvements a tremendous force that has proven to system does not properly close during in health care and treatment of chil- be influential in our Nation’s efforts to the early stages of pregnancy. Spina dren with Spina Bifida, now fortu- combat this disease. bifida affects more than 4,000 preg- nately lead many with Spina bifida to I believe it is important for all of us nancies each year, with 1,500 babies live into adulthood. However, adults to take an active part in helping to born with Spina bifida each year. There with Spina bifida face many new chal- educate the public and find a cure. Cur- are three different forms of Spina lenges in the fields of education, job rently, there are legislative initiatives bifida—the most severe being training, independent living, health geared towards increasing research and myelomeningocele Spina bifida, which care for secondary conditions, and con- funding for all types of cancer, includ- causes nerve damage and severe dis- cerns related to aging. ing breast cancer. It is my hope that as abilities. Myelomeningocele Spina I am grateful for my colleague from this Congress draws to a close that we bifida is diagnosed in 96 percent of chil- Missouri, Senator BOND who, along work together in a broad bipartisan dren born with this condition. Addi- with myself, has been working to im- manner to see that we secure necessary tionally, 70 to 90 percent of the chil- prove the quality of life for individuals funding for the National Institutes of dren born with Spina bifida are at risk with Spina bifida with the passage of Health, NIH, and the Centers for Dis- of mental retardation, a condition the Birth Defects and Developmental ease Control and Prevention, CDC. The caused when spinal fluid collects Disabilities Prevention Act of 2003 and President has requested inadequate around the brain. supporting increased funding for the funding levels in the fiscal year 2005 The exact cause of Spina bifida is not National Spina Bifida Program at the budget for these programs, which over- known, but researchers have concluded Centers for Disease Control and Pre- see a great deal of cancer research done that women of childbearing age who vention. In fiscal year 2004, Congress in this country. As a member of the take daily folic acid supplements can provided a much needed $3 million in Senate Committee on Appropriations I reduce their chances of having a Spina funding for the National Spina Bifida was pleased to support and help pass Bifida pregnancy by up to 75 percent. Program. I strongly urge my col- increased funding for the NIH and CDC Progress has been made with regard to leagues to support increased funding in in the fiscal year 2005 Labor, Health the importance of consuming folic acid fiscal year 2005 to ensure that the CDC and Human Services, and Education supplements and maintaining diets has the resources necessary to prevent appropriation bill. But it is still crit- rich in folic acid. The September 17, Spina bifida, improve quality-of-life for ical that my colleagues work in a bi- 2004, edition of the Centers for Disease those living with the condition, and to partisan manner and support these in- Control and Prevention publication, deliver important public health mes- creases as we complete the final stages Morbidity and Mortality Weekly Re- sages to those communities most at- of the appropriations process. port, finds that 40 percent of women of risk for a Spina bifida pregnancy.

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.113 S11PT1 S11290 CONGRESSIONAL RECORD — SENATE October 11, 2004 I want also to recognize the special thors and artists—and of all the people Congress’s intent. By failing to make work of the Spina Bifida Association of who work in connection with them— this clarification Congress is creating a America, an organization that has not only as individuals but as a nation, deterrent to forming the very same helped people with Spina bifida and but not everyone here recognizes the public-private research partnerships their families for nearly 30 years, debt we owe them. In the twenty-first meant to be encouraged by that Act. working every day to prevent and re- century, it is intellectual property that These partnerships have proved incred- duce suffering from this devastating keeps this country at the forefront of ibly beneficial to universities, the pri- birth defect. The SBAA was founded in the world economy, and what preserves vate sector, the American worker, and 1973 to address the needs of the individ- our force as a global power, and I would the U.S. economy. All are placed in uals and families affected by Spina think that those across the aisle would jeopardy by Congressional inaction. bifida and is currently the only na- value the importance of that power. The roadblock has also scuttled the Affording that intellectual property tional organization solely dedicated to ART Act, a bill that passed the Judici- the most straightforward and reason- advocating on behalf of the Spina ary Committee and then the full Sen- able protections, and giving law en- bifida community. As part of its serv- ate by unanimous consent. This legis- forcement officials the resources to ice through approximately 60 chapters lation would have provided new tools give those protections genuine power, in more than 125 communities across in the fight against bootleg copies of would seem to be a sensible goal. In- the country, the SBAA puts expecting movies snatched from the big screen by deed, failing to do so would be uncon- parents in touch with families who camcorders smuggled into theaters. scionable. In the United States, copy- have a child with Spina bifida. These And it would have adopted a creative right industries alone account for 12 families answer questions and concerns solution developed by the Copyright percent of the gross domestic product, and help guide expecting parents. The Office to address the growing problem and employ more than 11 million peo- SBAA then works to provide lifelong of piracy of pre-release works. Our ple. Those copyright industries have support and assistance for affected anonymous Republican friends have en- been adding workers at an annual rate children and their families. sured that these problems are left that exceeds that of the economy as a Together, the SBAA and the Spina unaddressed by the 108th Congress. Bifida Association of Connecticut work whole by 27 percent, and those indus- tirelessly to help families meet the tries have achieved annual foreign The PIRATE Act, too, passed the challenges and enjoy the rewards of sales and exports of almost $90 billion. Senate by unanimous consent. That raising their child. I would like to ac- But some Republicans are preventing bill would have given to the Attorney knowledge and thank SBAA and the the Senate from passing the most im- General new tools in the fight against SBAC for all that they have done for portant intellectual property legisla- piracy of books, music, movies and the families affected by this birth de- tion before the Congress this year, and other creative works. Senator BIDEN’s fect, especially those living in my they are hiding behind anonymous Anticounterfeiting Act, which would State. The Spina bifida community and holds. This is wrong. have marked a step forward in the our nation owe a tremendous debt to Senator HATCH and I, and many of fight against software piracy, was also the SBAA for its work over the past our colleagues on the Judiciary Com- included in the intellectual property three decades. I am honored to be an mittee, have been working on this leg- package. We can tell our software com- honorary co-chair along with Majority islation for some time now—most re- panies that they will have to wait at Leader FRIST of the 16th Annual Roast cently doing so late at night and least another year for the remedies for Spina Bifida to benefit the Associa- through the weekends. We have done so promised by this legislation. And it is tion and its work in local communities because of the crushing need to ensure important to note that the Business around the country. that the intellectual property laws are Software Alliance tell us that $29 bil- As a nation, we have accomplished a adequate to the legitimate and press- lion in software was stolen in 2003 great deal in our battle against birth ing concerns raised by many about the alone. defects. However, much more work re- effectiveness of those laws. We have a There are other noncontroversial mains to be done. I urge all of my col- package of strong and significant provisions in this legislation as well, leagues and all Americans to endorse measures that would bolster protection such as language that would help en- the important efforts to prevent Spina of the intellectual property that drives sure that the Library of Congress is Bifida but also to support those al- our nation’s economy and that would able to continue its important work in ready living with this often debili- ensure law enforcement has the tools it archiving our nation’s fading film her- tating birth defect. Those living with needs to offer that protection. There itage. Some of America’s oldest films— Spina bifida and their loved ones de- was no reason not to send this package works that document who we were as a serve our utmost support. It is my hope to the House immediately, and work people in the beginning of the 20th cen- that by recognizing National Spina with our colleagues there to ensure it tury—are literally disintegrating fast- bifida Awareness Month we can move became enacted into law, as soon as er than they can be saved. humanly possible. closer to the laudable goal of eventu- None of these were partisan provi- ally eliminating the suffering caused In blocking this legislation, these Re- publicans are failing to practice what sions. And when Senator HATCH and I by this terrible birth defect. put our names on the same piece of leg- f they have so often preached during this Congress. For all of their talk about islation, you can bet that the result is INTELLECTUAL PROPERTY jobs, about allowing the American never a bill that veers very far to the LEGISLATION worker to succeed, they are now plac- right or the left. He and I have worked (At the request of Mr. REID, the fol- ing our economy at greater risk together to produce a great deal of lowing statement was ordered to be through their inaction. It is a failure good intellectual property policy over the years, and I am sorry to see that printed in the RECORD.) that will inevitably continue a dis- ∑ Mr. LEAHY. Mr. President, we live in turbing trend: our economy loses lit- some on his side of the aisle have a nation of the most creative and in- erally hundreds of billions of dollars blocked our efforts at similar progress ventive people in the world, but appar- every year to various forms of piracy. this year. ently some of my Republican col- Instead of making inroads in this We can foresee the disappointing re- leagues do not appreciate them or their fight, we have the Republican intellec- sult of this roadblock: our copyright efforts. Thanks to the ingenuity, the tual property roadblock. It is a barrier holders will suffer, our patent holders inspiration, and the hard work of thou- that stands in the way of the CREATE will suffer, and so too will the Amer- sands of our fellow citizens, the United Act, a noncontroversial bill the text of ican worker. In yet another important States enjoys the best in artistic ex- which has already passed both the Sen- area, the Republicans that control the pression and technological advance- ate and House. The CREATE Act clari- House of Representatives, the Senate, ment, but that seems to mean little to fies an important component of the and the White House, have failed to re- those Senators. We enjoy the fruits of Bayh-Dole Act that, when read lit- spond to the needs of the American the labors of all the inventors and au- erally by the courts, runs counter to people. That is a shame.∑

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.114 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11291 HUNGARIAN GOLD TRAIN CASE Our Nation has a duty to the past. It were brought together by the novel Mrs. CLINTON. Mr. President, I rise has a duty to these people. They are idea of creating a society to ensure to join my colleagues in supporting the dying every day. The Justice Depart- writers and publishers received the rec- quest for justice in the Hungarian Gold ment should sit down and resolve this ognition and revenue their works gen- Train case. I have heard from these matter with these survivors. That is erated. Enlisting the help of songwriter Holocaust survivors. Their story is the right thing to do. Victor Herbert, the group found five painful, and the evidence is over- f other writers and publishers to get the word out. A second meeting was sched- whelming. Our moral duty is clear. INTELLECTUAL PROPERTY One of the most troubling aspects of uled, and in February 1914, over 100 PROTECTION ACT this is that we should not be having members of the music community offi- this debate at all. The facts of the Gold ∑ Mr. MCCAIN. Mr. President, I wish to cially began the American Society of Train incident are not really in dis- briefly remark on H.R. 2391 and H.R. Composers, Authors and Publishers. pute. And for all the effort expended by 4077, a package of bills referred to as In the time that has passed, ASCAP the Federal Government in court try- the Intellectual Property Protection has represented many of the greatest ing to evade these facts, the facts were Act of 2004. I have objected to the fur- musical talents in recent history. The disclosed to the world by the Federal ther consideration or passage of these society’s members have included Louis Government itself. bills by unanimous consent. Armstrong, Cab Calloway, Peggy Lee, The reason we know about the Gold From the text of the bills that have Garth Brooks, Jimmy Hendrix, Carly Train is because of the Presidential Ad- been available to date for Senators to Simon, Bob Marley, Henry Mancini, visory Commission on Holocaust As- review, I believe that one part of this Billy Joel, Bruce Springsteen and Ma- sets, PCHA. In the 1990s, our own Gov- broad legislation, the Family Movie donna. Members have won countless ernment told other nations they should Act, may actually harm consumers awards for their work, including cur- look into their pasts—face the facts— while appearing to help them. To be rent president Marilyn Bergman, who, and make redress as appropriate. Sev- clear, I support the stated goal of the in collaboration with her husband, has enteen nations established commis- act’s authors: immunizing from legal won three Oscars, two Grammys and sions to do that. So did we. This Con- challenges a technology that enables four Emmys. Under her outstanding gress created the PCHA to study the parents to skip offensive material from leadership it has grown to 185,000 mem- past and reveal the truth. The Commis- prerecorded copies of films and tele- bers, including many of the newest and sion was fortunate to have Edgar vision. While I applaud the merits of greatest names in music. Bronfman, then chairman of the World their stated intent, I fear that the very This year, ASCAP celebrates its 90th Jewish Congress, as its head. Stuart exemption designed to achieve this anniversary in a time of great impor- Eizenstat, the government’s top offi- laudable goal simultaneously creates tance to the music copyright commu- cial dealing with these matters, was a an implication that certain basic prac- nity. With the current debate over file key member. It had a full staff of histo- tices that consumers have enjoyed for sharing and constantly developing rians and researchers and a budget of years—like fast-forwarding through ad- technology, individual artists are vir- several million dollars. vertisements—would constitute crimi- The Commission found that the tually powerless to protect their own nal copyright infringement. I note that record of the United States was a work from illegal copying. As a song- source of pride. Our Nation not only Consumers Union and Public Knowl- writer and member of ASCAP myself, I liberated Europe, but after the war, edge, as well as a host of others parties truly understand the joy and pride that served as a model for how to handle the interested in protecting consumers, comes with the creation of a song, as I assets that had been stolen from Eu- share my concerns. also understand the need for artists’ rope’s Jews—with one glaring excep- Americans have been recording TV rights to their songs to be protected. I tion. In 1999, the Commission issued a shows and fast-forwarding through have also had a professional connection report on the Gold Train. After half a commercials for more than 30 years. Do with the property rights issues the so- century of silence and coverup, the we really expect to throw people in jail ciety addresses. As the chairman and a Federal Government stated that the in 2004 for behavior they’ve been en- long-time member of the Senate Judi- Gold Train was an ‘‘egregious failure of gaged in for more than a quarter cen- ciary Committee, which oversees mat- the United States to follow its own pol- tury? ters of intellectual property law, I ap- icy regarding restitution of Holocaust I look forward to working with my preciate the dedication the society has victims’ property after World War II.’’ colleagues in this Chamber to address shown toward maintaining the integ- We cannot be proud of this conduct, not only these concerns, but also the rity and efficiency of copyright laws. but we can all be proud that the Gov- uncertain liability created for manu- In the past 90 years, ASCAP has wit- ernment made this admission. facturers that bring other innovative nessed the transitions from records to 8 We should all have expected that the and pro-family products to market in tracks to cassettes to compact discs next step was to make good on these the face of continual threats of extinc- and now to mp3s. It has been through disclosures and this conclusion. The tion from powerful interests who seek the many trends of music, from big Government should have compensated to thwart their entry. band and swing in 1920s and 1930s, to these survivors. Instead, the survivors For these reasons, I do not intend to the wide range of musical styles avail- were forced to go to court. The Justice remove my hold on these bills until I able today. ASCAP has stood the test Department is fighting them inch by am satisfied that consumer interests of time. I hope my colleagues will join inch. have been protected in this legisla- me in recognizing its great contribu- One would expect the Justice Depart- tion.∑ tions to the world of intellectual prop- ment to defend the Government’s f erty law and wishing ASCAP and its PCHA report. Instead, the Justice De- members well in the years to come. CONGRATULATIONS TO ASCAP ON partment has disputed the accuracy of f the report and claimed that the Com- 90 YEARS OF SUCCESS mission withdrew its report. However, Mr. HATCH. Mr. President, I am de- THE SCIENCE OF CLIMATE as Chairman Edgar Bronfman has made lighted to take this opportunity to rec- CHANGE plain, the Progress Report is an ‘‘accu- ognize the 90th Anniversary of ASCAP, Mr. INHOFE. Mr. President, as chair- rate account of the United States’ han- the American Society of Composers, man of the Committee on Environment dling and disposition of the ‘Gold Authors and Publishers. and Public Works, I have previously Train’ property.’’ Bronfman also has In 1913, nine men braved foul New addressed the Senate to discuss the noted that, ‘‘In no way . . . did the York weather to attend a small meet- issue of so-called global warming. I PCHA intend to retract or retreat from ing at a restaurant called Luchow’s. have taken a special interest in this the findings of the Progress Report.’’ The meeting had been organized by issue because the gravity of what is at In fact, Mr. Bronfman points out, the three of the men; Raymond Hubbell, a stake demands it. I have taken a sim- report is prominently displayed on the composer, George Maxwell; a publisher; ple, yet profound approach to dealing commission’s website. and Nathan Burkan, an attorney. They with environmental issues, working to

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.107 S11PT1 S11292 CONGRESSIONAL RECORD — SENATE October 11, 2004 ensure that the laws we pass represent myth that there is consensus. If there nomic disarmament without subjecting sound public policy. Of my three guid- truly is consensus, why would so many these claims of doom to the scrutiny ing principles for all committee work, renowned scientists sign such state- they deserve. Predictably, those who the first principle is that Government ments? If there truly is consensus, why peddle fear do not want discussions of should rely on the most objective would these environmental activists be science. Hiding behind claims of ‘‘the science. so threatened by these documents that science is settled,’’ they conjure ever Unfortunately, a commitment to they would make fraudulent submis- more creative ways to market the drawing conclusions based on science is sions? In short, if there is such con- myth. not a popular approach. What has most troversy over whether there is con- The most recent example is the galled my critics is that I do not ‘‘spin sensus, how can there possibly be con- movie, ‘‘The Day After Tomorrow,’’ in the science’’ to make it something it is sensus? The controversy over its exist- which the laws of physics are repeat- not. Good science is and should remain ence is itself proof that no consensus edly violated to create fear of an ice the product of well designed and repro- exists. age caused by global warming. First it ducible studies and research. This point was made succinctly by was an ice age. Then it was global All too often, however, the studies former Carter administration Energy warming. Now it is an ice age caused that are touted by my critics are taint- Secretary James Schlesinger, who within days because of global warming. ed by political and ideological agendas wrote in the Washington Post: ‘‘There Seems they can’t make up their minds and cannot be reproduced because the is an idea among the public that the what they are afraid of—but their solu- authors will not release the data that science is settled. That remains far tion is always the same, restrict the supposedly supports their conclu- from the truth.’’ He also wrote that the economy and outsource American jobs sions—all of which raises the eyebrows global warming theory has hardened overseas. of credible scientists. Such science has into orthodoxy that searches out Of course, the movie was widely no place in our system of government heretics and seeks to punish them. panned, not simply as a ‘‘bad’’ movie, and should not be used to drive major And that was James Schlesinger, En- but a ‘‘stupid’’ movie. Even some envi- U.S. policy. ergy Secretary in a Democrat adminis- ronmentalists had to admit there was When I led the congressional delega- tration. no science to support the movie. For Thankfully, despite the efforts to tion to Milan last December, I was instance, Dan Schrag, a ‘‘punish them,’’ credible scientists con- greeted by posters that quoted me as paleoclimatologist, said: tinue to conduct well-designed, repro- saying global warming is ‘‘the greatest ducible studies, and I will list some of My first reaction was, ‘‘Oh my God, this is hoax ever perpetrated on the American a disaster because it is such a distortion of them here today. Last year, I spoke at science. people.’’ I thanked the green activists length to describe the great number of What disturbed me was not the for uncharacteristically quoting me uncertainties surrounding claims of correctly. Global warming is the great- global warming. I described real movie, which after all is simply the vi- est hoax ever perpetrated on the Amer- science that contradicts the alarmists, sion of a German film producer with a ican people. It was true when I said it who, wracked by fear, see a future dislike for Americans who says, ‘‘My before, and it remains true today. plagued by catastrophic flooding, war, secret dream is that this film moves Perhaps what has made this hoax so terrorism, economic dislocations, politicians to act.’’ No, what disturbed effective is that we hear over and over droughts, crop failures, mosquito-borne me was he may get his wish. Former that the science is settled and that diseases, and harsh weather—all caused Vice President Gore teamed up with there is consensus that, unless we fun- by man-made greenhouse gas emis- the activist group, MoveOn.org, to use damentally change our way of life by sions. the movie as an opportunity to market limiting greenhouse gas emissions, we We cannot afford to forget that cli- their alarmist views and economy-cap- will cause catastrophic global warm- mate change alarmists’ visions have ping solutions. This is exactly what is ing. This is simply a false statement. been with us for decades. In 1972, the wrong with how alarmists discuss this Mr. President, 4,000 scientists, 70 of National Science Board, the governing issue. Rather than joining me and whom are Nobel Prize winners, signed body of the National Science Founda- those like me in a commitment to the Heidelberg Appeal, which says that tion, observed: using the best, nonpoliticized science— no compelling evidence exists to jus- Judging from the record of the past inter- whatever it finds—politically moti- tify controls of anthropogenic green- glacial ages, the present time of high tem- vated groups, such as MoveOn.org, pan- house gas emissions. Over 17,000 sci- peratures should be drawing to an end . . . der to our worst fears to drive their po- entists signed another document that leading into the next glacial age. litical agenda. directly contradicts the false claims of In 1974, Time magazine in an article I would rather discuss what real consensus. The Oregon Petition, com- entitled ‘‘Another Ice Age?’’ warned: science is showing. I said last July piled by Dr. Frederick Seitz, a past However widely the weather varies from that: president of the National Academy of place to place and time to time, when After studying the issue over the last sev- Sciences and a professor emeritus at metrologists take an average of tempera- eral years, I believe that the balance of the Rockefeller University, reads as fol- tures around the globe they find that the at- evidence offers strong proof that natural var- lows: mosphere has been growing gradually cooler iability is the overwhelming factor influ- for the past three decades. The trend shows encing climate. There is no convincing scientific evidence no indication of reversing. Climatological After continuing to study the science that human release of carbon dioxide, meth- Cassandras are becoming increasingly appre- ane, or other greenhouse gasses is causing or hensive, for the weather aberrations they are over the last year, that belief has been will, in the foreseeable future, cause cata- studying may be the harbinger of another ice strengthened. I submit, furthermore, strophic heating of the Earth’s atmosphere age. that the scientific debate is shifting and disruption of the Earth’s climate. These fears became the motivation of away from those who subscribe to glob- What a powerful, unequivocal state- a drumbeat from environmentalists al warming alarmism. ment that is. So powerful, in fact, that that we must fundamentally alter our IPPC incorrectly attributes ground ideologues fraudulently sent in made- way of living to avoid a cataclysmic station temperature rise to climate up names and belittled legitimate sci- ice age. Of course, these fears proved change instead of local activity. One of entists on the Petition, such as Dr. baseless. the areas that has caused global warm- Perry Mason, simply because he and a And when this 30-year cooling cycle ing advocates the most heartburn has few others shared their names with fa- ceased, these same alarmists again pro- been the inconvenient, yet inescapable, mous fictional characters. Such imma- claimed we must fundamentally alter fact that records from satellites using ture acts belong on a grade school our way of living to avoid cataclysmic highly reliable microwave sounding playground, but are simply shameful in global warming. From the scientific units show little warming, on a glob- a serious policy debate. Yet we have literature, I believe these fears are ally averaged basis, in comparison to heard these baseless charges repeat- equally baseless. ground station records. This important edly. But these distortions only serve I believe it would be unconscionable discrepancy on its face would suggest to underscore the fragileness of the to heed the alarmists’ cries for eco- the ground-based data is contaminated.

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.118 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11293 It is now widely recognized that trast to another study heavily relied manipulated in such a way as to have ground-based measurements are af- upon by global warming advocates—the most of the long term variability re- fected by such things as the ‘‘heat is- famous, or perhaps I should say, infa- moved, making the 20th century tem- land’’ effect, large-scale land-use mous hockey stick chart published by peratures appear much more unusual changes and problems with maintain- Dr. Michael Mann. The conclusions of than they in fact were. Esper and his ing ground-stations. this study have become a rallying cry colleagues produced temperature re- The Intergovernmental Panel on Cli- for alarmists who would have us be- constructions for the past 1,000 years mate Change, or IPCC, report published lieve this is final proof that 20th cen- using a more scientifically defensible in 2001 is claimed to be the most au- tury temperatures have spiked up dra- approach to handling tree-ring records thoritative source for claims that tem- matically. These results are routinely that preserves long-term variability. peratures are rising due to climate used in presentations to corporate offi- The study concludes that the past change. The IPCC has become increas- cers to demonstrate that they had bet- 1,000 years have been characterized by ingly alarmist in its three successive ter restructure their companies’ oper- periods of warm and cold, and that as reports. In its summary referring to ations and annual reports. far back as about 1,000 years ago, tem- globally averaged temperature data, it But Mann’s conclusions have come peratures were as warm or warmer says only that ‘‘These numbers take under intense criticism recently, as than in the late 20th century. into account various adjustments, in- other researchers have challenged both Of course, these studies show that cluding heat island effects.’’ The dis- the methodology he used and the reli- the ‘‘shaft’’ of the hockey stick created cussion within the body of the report ability of the results. by Mann is wrong. And it is intuitively to this important issue, which must be A team of scientists led by Dr. Willie true that the shaft is wrong. We have thoroughly explained if ground-based Soon and Dr. Sally Baliunas, who are known for years about the Medieval data is to be considered of more impor- astrophysicists from the Harvard- Warm Period from 800 to 1400 A.D. We tance than highly reliable satellite Smithsonian Center, surveyed 240 arti- have known for years about what has data, is disappointingly brief and cles concerning local and regional- been called the Little Ice Age from 1600 uninformative as well. Moreover, it scale climate reconstructions over the to 1850 A.D. And the new studies I’ve leaves the impression that everything last 1,000 years. The proxy record they just described confirm these well-es- except for temperature changes due to examined was far more extensive than tablished naturally occurring climatic climate has been factored out. that used by Mann. While Mann’s anal- events. Thus, the entire validity of the con- ysis relied mostly on tree-ring data In other words, in creating his so- clusions from ground-station tempera- from the Northern Hemisphere, the re- called hockey stick, Mann deliberately ture data rests on the claim that these searchers offer a detailed look at cli- eliminated the first blade of the hock- temperature bias effects in the data mate changes that occurred in dif- ey stick. By eliminating the blade he from such things as growing cities, ferent regions around the world over left the false conclusion that the 20th construction, agricultural practices the last 1000 years using over 20 dif- century temperatures are unprece- and other economic activities which ferent proxies. dented. They are not. The fact is that potentially could impact temperature As a result of this extensive survey, the real temperatures spike far higher measurements have been completely Drs. Soon and Baliunas concluded that: during the period he portrays as a subtracted out from the conclusions. the 20th century does not contain the warm- straight shaft than current tempera- But this may not be true. est anomaly of the past millennium in most tures—despite that his extraordinarily A new study by Drs. Ross McKitrick proxy records, which have been sampled flawed results indicate we are living in and Patrick Michaels that was pre- world-wide. Past researchers implied that the hottest period in the last 1,000 sented in an article published in the unusual 20th century warming means a glob- years. May 25 issue of ‘‘Climate Research,’’ al human impact. However, the proxies show Ironically, the often-criticized IPCC throws these assurances of the IPCC that the 20th century is not unusually warm report itself contradicts Mann’s find- into serious doubt. or extreme. ings. As I described earlier, a new re- The study examined temperature Other studies that are devastating to producible study indicates the IPCC’s records for 218 individual stations lo- Mann’s conclusion focus not on its in- estimates of temperature rise them- cated in 93 countries since 1979, when consistency with the results of work of selves appear to mistakenly attribute satellite data first began being col- a multitude of other researchers, but socioeconomic and data quality factors lected. The study then compared these on his extremely questionable and im- that affect temperature readings to cli- to the IPCC grid cells containing these proper methods. In an attempt last mate change. Yet even so, the IPCC 218 stations. year to perform an audit of Mann’s shows a far smaller temperature in- The study concluded that the dif- unique conclusions, Drs. McIntyre and crease than Mann. The IPCC shows an ferences between the satellite data and McKitrick found that Mann’s work was increase of 0.6 degrees Celsius over the the ground station data were almost irreproducible without resorting to the last 100 years, but the ‘‘blade’’ of the completely explained by local eco- use of flawed data sets, inappropriate Mann hockey stick shows an increase nomic and social factors, and data data manipulation, or ill-advised sta- of 0.95 Celsius—more than a 50 percent quality control. Moreover, it found tistical procedures. To quote the re- larger increase. that: searchers, ‘‘the dataset used to make Moreover, the so-called hockey stick outside the dry/cold regions the measured [the Mann reconstruction] contained ‘‘blade’’ does not appear to be ex- temperature change is primarily explained collation errors, unjustified truncation plained by the statistical techniques by economic and social variables. or extrapolation of source data, obso- Mann claims he used. In a recent letter In short, the IPCC’s claims of in- lete data, incorrect [methodological] published in Geophysical Research Let- creasing temperatures based on calculations, geographical ters, Drs. Soon, Baliunas, and Legates ground-based data appear to be greatly mislocations and other serious de- closely examined the ‘‘blade’’ and overstated. As the article puts it, non- fects.’’ found that it could not be reproduced climate-related variables ‘‘add up to a When the researchers corrected for using either the technique Mann says significant net warming bias at the these data and methodological flaws, he used, or other common statistical global level.’’ they conclude that temperatures in the techniques. Once again, this key re- This finding is of tremendous impor- early 1400s rivaled those of today, indi- quirement of reproducibility seems tance, seriously eroding the foundation cating that human influences have not missing from the flagship study of for the house of cards upon which the taken the climate to unprecedented those crying that the sky is falling. global warming hysteria is built. More- territory. Most recently, Dr. Chapman and his over, the study is well-designed and re- Dr. Esper, a paleoclimate researcher, colleagues commented on a comparison producible. and his colleagues published a paper of borehole temperature measurements Mann’s hockey stick is flawed and that suggests that the tree-ring his- with Dr. Mann’s proxy records and irreproducible. That study’s design and tories heavily relied upon by Mann in questioned Dr. Mann’s analysis tech- reproducibility stands in stark con- his temperature reconstructions were niques, concluding they are ‘‘just bad

VerDate Aug 04 2004 05:47 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.119 S11PT1 S11294 CONGRESSIONAL RECORD — SENATE October 11, 2004 science’’ and that Dr. Mann had under- In a study published this year in should not obscure the fact that carbon taken a ‘‘selective and inappropriate Global and Planetary Change, Dr. Nils- dioxide is not the cause of this recur- presentation’’ of results. Axel Morner of Sweden found that sea ring disaster that plagued even the An- Thus, as Dr. Legates concluded in level rise hysteria was overblown. In cient Egyptians. The two worst testimony before the Environment and his study, which relied not only on old droughts to hit this country in the last Public Works Committee, this so- observational records, but satellite al- century occurred in the 1930s—known called flagship study: timetry as well, he concluded that: as the Great Dustbowl—and the 1950s. certainly does not conform to the require- there is a total absence of any recent ‘‘accel- But they were neither the longest ments of open access and reproducibility, re- eration in sea level rise’’ as often claimed by droughts to afflict this country, nor quired by the Data Quality Act, nor does it IPCC and related groups. the most severe. meet even minimal quality standards. Morner’s findings go to the heart of According to an article published in Dr. Legates went on to say in respect the debate—the reliance by global the December 1998 Bulletin of the to the many problems inherent in warming advocates on faulty models American Meteorological Society, Dr. Mann’s study: that conflict with observational Connie Woodhouse and Dr. Jonathan This leads me to reject Dr. Mann’s ... records instead of observational Overpeck conducted tree-ring recon- conclusions . . . that anthropogenic factors records themselves. According to structions in the Southwest that sug- provide the overwhelming influence on glob- Morner, the: gest the lengths and severity of al and hemispheric temperatures in the last droughts of the 1930s and 50s have been 1800 years and that the 1990s are the warmest IPCC made an estimate of all variables and their possible contribution to sea level rise. equaled or, in some regions, surpassed decade, and 1998 the warmest year, of the by droughts in the past several cen- last 1800 years. They arrived at a mean value of 0.9 millime- ters per year. This value is in harmony with turies. Some may try to defend the Mann the records of the present and near-past . . . They further concluded that it is conclusions, and believe his work is un- Still—and this is remarkable, [says clear that major multi-year Great impeachable. But a recent article pub- Morner,]—IPCC compared their own value Plains droughts have occurred natu- lished in the July 1st, 2004 issue of Na- with a model value of 1.8 millimeters per rally once or twice a century over the ture magazine repudiates that belief. year and discarded their own estimate as un- last 400 years. And there is evidence In a brief ‘‘corrigendum,’’ Mann makes realistic. that during the 13th and 16th centuries, a clear admission that the disclosure of Morner has blunt words for the IPCC there were two megadroughts that ex- data and other methods supporting the approach, saying that he ‘‘discard[s] ceeded the severity, length and spatial hockey stick was materially inac- the model output of IPCC as untenable, extent of 20th century droughts. curate. This corrigendum was ordered not to say impossible.’’ Of course, this study was published by the Editorial Board after two other Using satellite altimetry and other before the onset of the most recent 5- scientists, Dr. McIntyre and Dr. observational data, Morner finds that year drought in the Southwest. More McKitrick filed a ‘‘Materials Com- the late 20th century lacks any sign of recent studies published just last year, plaint.’’ According to these scientists, acceleration of sea rise, including the however, confirm its findings. In a 2003 the on-line supplemental information last decade. He concludes that, based article in Geophysical Research Let- accompanying Mann’s correction no- on long-term observational data as ters, Dr. Stephen Gray and his col- tice essentially concedes for the first well as the newest technology, sea leagues stated that: time that key steps in the computa- level in a century can be expected to be like the 1950s drought, the late 16th century tions behind his conclusions were left within the range of a 10 centimeter sea megadrought was followed by a wet period, and both events were associated with intense out of and conflict with the description level decline to a 20 centimeter sea level rise, which translates to about a La Nina episodes typical of southwestern of methods in the original paper. U.S. and Great Plains droughts. Despite this, Mann continues to as- four inch sea level decline to an eight inch sea level increase. In an article in the July 2003 issue of sert that these errors do not affect his the American Meteorological Society, results, saying: None of these errors af- Yet, remarkably, we still hear fears that the world will become flooded due Dr. Falko Fye and his colleagues found fect our previously published results. that: But as McIntyre and McKitrick point to global warming. Such claims are, to be blunt, completely out of touch with There appear to have been at least 12 out: droughts since 1500AD that were analogous if this were true, then a simple constructive most comprehensive science. As Swe- to the 1950s drought in terms of location, in- proof could have been provided, showing be- den’s Morner puts it, ‘‘there is no fear tensity, and duration. . . . [and] the 16th fore and after calculations. This is conspicu- of massive future flooding as claimed century megadrought lasted some 18 ously missing . . . We have done the calcula- in most global warming scenarios.’’ years and the tree-ring data indicate it tions and can assert categorically that the Something else I am told is that was the most severe sustained drought claim is false. We have made a journal sub- there has been an increase in the num- to impact North America in the past mission to this effect and will explain the ber and intensity of severe weather matter fully when that paper is published. 500 to perhaps 1000 years. events. Typically these doomsayers What is also worth noting is that the While this sad spectacle clearly is point to the droughts in the Southwest global temperature record doesn’t pro- not yet over, three things are clear. or point to more violent hurricanes to vide any useful information concerning Mann’s hockey stick has never been re- prove that global warming is occur- drought conditions. produced, efforts to do so showed that ring. In the wake of this year’s successive the study was replete with errors and In response to the current 5-year hurricanes hitting Southeast and Gulf miscalculations, and despite his con- drought in the southwest, the New States, some have even had the gall to tinuing faith in his hockey stick con- York Times proclaimed on May 10 that claim it is due to global warming. clusions, Mann has yet to offer any ‘‘Drought may be normal, but there Credible meteorologists have been proof whatsoever that they are correct. may be nothing normal about this quick to dismiss such claims. As Hugh And yet the alarmists continue to drought.’’ Of course, the paper inserted Willoughby, senior scientist at the claim we should unilaterally disarm a weasel word to avoid actually de- International Hurricane Research Cen- America’s economy based on Mann’s scribing how it was abnormal. ter of Florida International University unbelievable—literally unbelievable— This is one of those claims that stated in the plain language we non- results. makes me want to utter the old insult, scientists can understand: Another controversial claim is that ‘‘You are so wrong, I don’t know where This isn’t a global-warming sort of thing. sea level is rising, and that this is due to begin.’’ If an increased number of se- ... It’s a natural cycle. to climate change. It has been claimed vere droughts is to prove global warm- Benjamin Preston, senior research for years that sea level was rising rap- ing, it would have to be true that the fellow at the Pew Center on Global Cli- idly, yet again fueling the call for ac- number and severity of these droughts mate Change—a green activist organi- tion. Based on modeling, the IPCC esti- are, in fact, increasing. But nothing zation that promotes the global warm- mates that sea level will rise 1.8 milli- could be farther from the truth. ing theory echoed his sentiments, say- meters annually, or about one-four- Drought is a serious and damaging ing about the link between hurricanes teenth of an inch. climate-related hazard. But this fact and global warming:

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.121 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11295 The general consensus is that it’s unlikely. planet. Scientists have good, long-term 80 percent between 1912 and 2000. Although it . . . We can actually explain an active hurri- mass balance measurements on a com- is tempting to blame global warming, the cane season using natural variability. parative handful of them. So how can most likely culprit is deforestation. If even the Pew Center has said that, someone assert that glaciers are As explained in Nature’s Science up- it seems pretty obvious that the activ- shrinking? date, with forest present, the natural ists and writers who have been quick to Dr. Roger Braithwaite last year updraft from the slopes carried moist implicate global warming should be looked at mass balance trends in 246 air to the summit and helped reinforce dismissed as the opportunists they are. glaciers worldwide from 1946 to 1995. He and sustain the ice cap. Without those Weather simply changes. In the words found that ‘‘there are several regions forests, the updrafts are dry and fail to of Professor Perry Samson, associate with highly negative mass balances in replenish the ravages of the sun on the chair of the Department of the Atmos- agreement with a public perception of summit ice cap. And since the equa- pheric, Oceanic, and Space Sciences at ‘‘the glaciers are melting,’ but there torial sun is extremely hot, deforest- the University of Michigan: are also regions with positive bal- ation also means the updrafts are Abnormal weather is normal. ances.’’ This holds true even within warmer than they were when When it comes to the argument that continents. In Europe, ‘‘Alpine glaciers Kilamanjaro’s forests were abundant. hurricanes are getting worse, it is typ- are generally shrinking, Scandinavian Conjuring up fears of global warming ical to hear statistics about increasing glaciers are growing, and glaciers in because of Kilimanjaro’s glaciers—to costs due to hurricane damage. Of the Caucasus are close to equilibrium my mind—represents exactly the kind course, we can expect monetary dam- for 1980–95.’’ Globally, adding all the re- of misuse of science that leads to in- age from hurricanes to increase in the sults together, ‘‘there is no obvious creased misunderstanding instead of future, ‘‘not as a result of anthropo- common or global trend of increasing understanding. If the problem is defor- genic climate change, but from natural glacier melt in recent years.’’ estation and there is public will to fix climate cycles, and . . . increasingly Indeed, the observed variability of the problem, fix it. Don’t try to mis- expensive properties along the coast.’’ Arctic sea ice thickness, which shows lead people into thinking the problem These are not my words, but of a top that the sea ice mass can change by up is something else simply because that U.S. Government scientist named Dr. to 16 percent within one year, con- fits your agenda. Christopher Landsea. trasts with the concept of a slowly This is a point I have made repeat- Science simply doesn’t support the dwindling ice pack, produced by global edly. I believe it is extremely impor- claims that there is a link between warming. tant for the future of this country that hurricanes and global warming. A team But if global warming is not the the facts and the science get a fair led by the National Oceanic and At- cause, what is? In 2002, work done by hearing. Without proper knowledge and mospheric Administration’s Dr. Dr. Greg Holloway and Dr. Tessa Sou, understanding, alarmists will scare the Landsea concluded that the relation- showed that the decadal-scale wind country into enacting its ultimate ship of global temperatures to the pattern changes were responsible for goal: making energy suppression, in number of intense landfalling hurri- rearranging the ice, giving some re- the form of harmful mandatory restric- canes is either not present, or is very gions thinner and others thicker tions on carbon dioxide and other weak. In fact, if we examine hurricane amount of ice. Research by Dr. Igna- greenhouse emissions, the official pol- records for which we have good data tius Rigor in 2002 confirmed this, find- icy of the United States. ing much of the so-called Arctic ice going back to the 1800s, there is much While the science underlying thinning is caused by decadal vari- evidence supporting the conclusion hysterical claims of catastrophic glob- ations in wind patterns over the Arc- that we have had more hurricane activ- al warming is thin, the analyses show- tic. ing the costs of capping our economy ity historically than in the last few Alarmists also speak eloquently are not. Perhaps the most well known decades, so an increase the last several about Kilimanjaro, and like to show study examining the Kyoto Protocol years should perhaps be expected as two pictures—one from the early 1990s came from Wharton Econometric part of natural variability. The overall with a modest snow cap on it, and an- Forecasing Associates, or WEFA. Ac- number of hurricanes and the number other from 2000 showing the snow caps cording to WEFA economists, Kyoto of the strongest hurricanes fluctuated had shrunk. greatly during the last century, with a Of course, those are just two pic- would cost 2.4 million American jobs great number in the 1940s. In fact, tures. Let me tell you about three. Yes, and reduce GDP by 3.2 percent, or through the last decade, the intensity Kilimanjaro’s snows were smaller in about $300 billion annually, an amount of these storms has declined somewhat. the late 90s than the 80s, but they were greater than the total annual expendi- Hopefully, we can finally put to rest bigger in the 80s than in the 70s. In ture on primary and secondary edu- the unsubstantiated claim that global fact, the snows of Kilimanjaro in 1997 cation. warming is leading to more severe and appear to resemble the snows of Kili- It is hard to imagine such huge unpredictable weather. What is certain manjaro in 1976. amounts, so I will put the findings in is that the drought record in the This makes a simple point. If you are context. Because of Kyoto, American Southwest over the last 1,000 years and given only partial facts, you can easily consumers would pay 11 percent more the hurricane record flatly refutes that be misled into thinking you see some- for food, 14 percent more for medicine, claim. thing when in fact you are seeing a and 7 percent more for housing. Elec- Global warming advocates will often very different thing indeed. The pic- tricity prices would nearly double and recite statistics that glaciers are in re- tures you have been shown are simply gasoline prices would go up an addi- treat. For instance, it is said that the transient snows and are meaningless. tional 65 cents per gallon. number of glaciers in Glacier National To quote an April white paper from the New studies that have come out since Park has dwindled from 150 more than Center for Science and Public Policy my last speech on global warming ex- a century ago to about 35 today and entitled The Consensus on Kilimanjaro amining the consequences of unilater- that the part of the Arctic Ocean that is Wrong, ‘‘though a photograph may ally putting a cap on the economy remains frozen year-round has been be worth a thousand sound bytes, those through carbon restrictions are also re- shrinking. words and photos do not go together.’’ vealing. Using perhaps the most sophis- But what do these examples really Of course, the real question is what ticated model to assess the issue—what say about global warming? Scientists does the issue of melting glaciers on is known as a dynamic model that in- know very little about glacial activity, Kilimanjaro have to do with man-in- corporates future changes in behav- but what they do know suggests there duced global warming? Not much. On ior—the renowned economic fore- are as many expanding glaciers as November 26, the New York Times had casting firm of Charles River Associ- there are shrinking ones—this even some interesting insights into Kiliman- ates has concluded that under the happens with two glaciers within a few jaro and global warming. Here’s what McCain-Lieberman bill, S. 139, eco- miles of each other—and that there is the Times had to say: nomic growth would slow. no universal trend either way. There The glaciers on Kilimanjaro have been in The Nation would lose up to a quar- are more than 160,000 glaciers on the retreat for at least a century, shrinking by ter million jobs by 2010, increasing to

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.122 S11PT1 S11296 CONGRESSIONAL RECORD — SENATE October 11, 2004 up to 610,000 jobs by 2020. Energy-inten- Despite these studies which increas- world will have constraints on the re- sive industries would be the hardest ingly suggest that precipitous action sources it can devote to disease and sector hit. Natural gas prices would in- to combat global warming is unjusti- other problems. How much more will crease by up to 82 percent, driving fied, alarmists often trot out a concept those constraints be in a poorer world. thousands of companies overseas, as we known as the precautionary principle— The point is clear. Back in the earlier have already seen happen to fertilizer which is that it is better to be safe part of the last century, when Asia was manufacturers, who cannot afford to than sorry. But they misunderstand or far poorer than it is today, deaths from make their product at even today’s at least, misapply this concept. From climate events were far higher than natural gas prices. Production from all I have learned about the subject of now, when the region is wealthier. And these energy-intensive industries alone global warming, I believe that the let’s look at the hurricanes from this would decline annually by up to $160 safest course is to reject the hypo- hurricane season. Unfortunately, 100 billion. thetical claims of those who fear plan- Americans died during four naturally The bill would hit specific state etary doom is around the corner and occurring hurricanes to hit land. But economies harder. For instance, Ohio are willing to doom the economy to compare the fate of this wealthy coun- and West Virginia, both with econo- avert it. The science of global warming try to that of Haiti, where in that mies that rely on coal production, is uncertain, the costs of capping our small, terribly poor country 2,000 peo- would see their industries decimated, economy with carbon restriction are ple died and 300,000 become homeless with production decreasing by as much high, and even if the doomsayers were from a single hurricane—Hurricane as 73 percent. correct, it would do little to nothing to Jeanne. Average households in the United reduce the temperature increases. It is not simply common sense, its States would incur a financial cost up But there is more to the story. Tak- backed up by data. Capping carbon will to $1,300 in the year 2010, with the an- ing precipitous action will actually do cap the economy. There is an incred- nual cost rising up to $2,300 by 2020. more harm than good. ibly strong relationship between a Families’ direct costs in the form of A 2003 study by Indur Goklany of the country’s GDP growth rate and its car- higher electricity and gasoline prices Department of Interior examined this bon dioxide growth rate. Because car- would increase dramatically. Within 6 question in some depth. In the study, bon is synonymous with economic ac- years, residential electricity prices which did not challenge the validity of tivity. While we can and should in- would rise by up to 30 percent, dra- global warming’s existence and its con- crease our energy efficiency because its matically increasing families’ monthly sequences in its assumptions, Goklany good business, we must realize that we electricity bills. By 2020, those prices examined the benefits and opportunity would rise by up to 43 percent due to are tied to carbon. costs of taking action to mitigate glob- Fossil fuel is the energy base of this carbon restrictions. al warming. In essence, the study ex- Regardless of which study one looks country. And while some may claim we amined whether humanity would be at, gasoline price increases will be sub- can simply and easily move to a non- better off if we tried to avert or other- stantial. According to the Energy In- carbon based society, they are not formation Administration, gas prices wise mitigate global warming or being honest. We have an enormous in- will increase by 27 percent, or 40 cents. whether humanity would better off frastructure reliant on fossil energy The more sophisticated Charles River adapting to it. that will be with us for many, many What the study concluded was re- Associates assessment puts the cost decades to come. And for those few al- markable. Even if global warming were even higher, with gasoline prices in- ternatives that could replace older real, money spent to combat global creasing by up to 50 cents. units such as building wind-farms off Of course, for many wealthier people, warming would do comparatively lit- Nantucket or building new dams or these may seem like trivial costs. Rich tle—as a percentage of the problem to new nuclear plants, green activists people don’t think about their electric reduce the afflictions of hunger, ma- bring efforts to a grinding halt. As the bills or the cost of gasoline at the laria, and water shortages versus if no chart shows, technology will not quick- pump. But average Americans do. And action were taken at all. Yet it went ly restructure our energy infrastruc- the elderly living on fixed income, and farther—it then examined the benefits ture. the poor, pay attention to these costs of diverting the money spent on global Unfortunately, despite the many even more. What is worse, these costs warming and using the monies to di- studies, facts and figures I have shared are regressive, which means that poor rectly fight these afflictions through with you today demonstrating that the people will bear a bigger burden be- such activities as agricultural research science does not support catastrophic cause they spend a larger share of their and development and investments in global warming claims, well-designed, income on energy, such as gasoline and treatment and prevention in combating reproducible studies are not the driving electricity. When the costs go up, they malaria. The final results? Fewer peo- force behind today’s climate science must give up something else important ple would go hungry, fewer would suf- debate. Rather, ideology is. to them. fer from malaria, and fewer would lack This point was made by Dr. Richard And what do we buy for costs? access to adequate supplies of water if Lindzen in regards to his contributions As even James Hansen, the NASA we simply adapted rather than at- to the preparation of the United Na- scientist who popularized the global tempted to combat global warming. tions IPCC report. Lindzen stated: warming theory, admits, it would take And at far less cost, meaning those re- I personally witnessed coauthors forced to massive reductions in carbon emissions sources can be invested productively. assert their ‘green’ credentials in defense of to have any appreciable impact on cli- So rationing our energy supply would their statements. mate change. And, of course, his views make the world not safe, but sorry. But Lindzen’s words are tame com- are based on the assumption it even ex- And that is assuming global warming pared to those spoken earlier this year ists. Calculating what affect imple- is happening. How much sorrier will we in Russia. At a press conference on menting the Kyoto Protocol would be if it isn’t? global warming and the Kyoto Pro- British Prime Minister Tony Blair’s have, Martin Parry and other research- tocol, Russian Presidential Economic goal of serious investment in public ers concluded in Nature that Kyoto Advisor Andrei Illarionov made some health and infrastructure for energy would only reduce global surface tem- comments about ideology that are and water, and delivering real progress peratures by 0.06 Celsius by 2050. Com- nothing short of remarkable. Let me on African development is in conflict ing to a nearly identical conclusion, share with you what he says is driving with his aims on global warming. His U.S. Global Change Research Program the global warming debate. Illarionov Science Advisor, Sir David King, has researcher Tom Wigley estimated in stated: Geophysical Research Letters that im- stated that choices won’t have to be made as to how to spend resources. But There have been examples in our fairly re- plementing the Kyoto Protocol would cent history of how a considerable portion of reduce global surface temperatures by that flies in the face of basic econom- Europe was flooded with the brown Nazi ide- 0.07 Celsius by 2050. The temperature ics. If resources are spent in one way, ology, the red Commie ideology that caused differences within this room exceed they are not available to be spent an- severe casualties and consequences for Eu- such a minuscule amount. other. In short, even a wealthy future rope and the entire world. Now there is a big

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.123 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11297 likelihood that a considerable part of Europe ally knows, the more it will interfere provider in central Arizona has devoted has been flooded with another type, another with their grand geopolitical plans to itself to the passage of this bill. In fact, color of ideology—[and he is speaking of ration America’s energy. S. 437 would codify the largest water global warming here—again, another type, claims settlement in the history of Ari- another color of ideology]—but with very I believe we should be held account- similar implications for European societies able for the actions we take, and not zona. The three titles in this bill rep- and human societies the world over. bet the American economy on some- resent the tremendous efforts of lit- He also said that imposition of the thing unless it is firmly rooted in erally hundreds of people in Arizona Kyoto Protocol ‘‘would deal a powerful science, and our actions can have some and here in Washington over a period blow on the whole humanity similar to beneficial effect. Global warming ide- of 15 years. Looking ahead, this bill the one humanity experienced when ology has no place in policy debates re- could ultimately be nearly as impor- Nazism and communism flourished.’’ garding scientific issues. Credible, re- tant to Arizona’s future as was the au- And that was the chief economic ad- producible studies should be our gold thorization of the Central Arizona visor to Russian President Putin. The standard—our minimum standard. By Project, CAP, itself. world has certainly turned on its head that standard, carbon restrictions fail Since Arizona began receiving CAP that we Americans must look to Rus- the test. water from the Colorado River, litiga- sians for speaking out strongly against Unfortunately, we are in a political tion has divided water users over how irrational authoritarian ideologies. season and some legislators believe the CAP water should be allocated and Putin’s economic advisor’s words are that they can score political points exactly how much Arizona was re- underscored by the conclusion of the with this issue. Last year, when Sen- quired to repay the Federal Govern- Russian Academy of Science which this ator JOHN KERRY was focusing on the ment. This bill will, among other last May concluded that there is a high liberal base in his primary, he criti- things, codify the settlement reached degree of uncertainty that global cized President George Bush on his between the United States and the Cen- warming is caused by anthropogenic campaign website for rejecting the tral Arizona Water Conservation Dis- factors, that the Kyoto Protocol does global warming treaty, stating: trict over the State’s repayment obli- not have a scientific basis and it would Dropping out of international implementa- gation for costs incurred by the United not be effective in achieving the IPCC’s tion of the Kyoto Protocol was foolhardy States in constructing the Central Ari- aims. then, and it is even more obviously foolhardy zona Project. It will also resolve, once And while the Russia legislature may today. and for all, the allocation of all re- well indeed ratify the Kyoto Protocol, But now that JOHN KERRY is trying maining CAP water. This final alloca- Illarionov has stated that it would to be more mainstream he has removed tion will provide the stability nec- occur for political considerations, not that statement from his website and essary for State water authorities to scientific or economic. Last May, it replaced it with the following: plan for Arizona’s future water needs. was reported that the European Union John Kerry and John Edwards believe that In addition, approximately 200,000 acre- had promised to help Russia enter the the Kyoto Protocol is not the answer. The feet of CAP water will be made avail- World Trade Organization and would near-term emission reductions it would re- able to settle various Indian water smooth over WTO requirements in ex- quire of the United States are infeasible, claims in the State. The bill would also change for signing the Kyoto Protocol. while the long-term obligations imposed on authorize the use of the Lower Colo- Additionally, there is speculation with- all nations are too little to solve the prob- rado River Basin Development Fund, lem. in Russia that the Kyoto Protocol will which is funded solely from revenues fail of its own weight since only two Yet in the September 30 presidential paid by Arizona entities, to construct European countries will meet their car- debate, he criticized President Bush irrigation works necessary for tribes bon emission targets. So, clearly, Rus- when he said: with congressionally approved water sia is playing politics with the issue for You don’t help yourself with other nations settlements to use CAP water. its purposes just as others have for when you turn away from the global warm- Title II of this bill settles the water their own. ing treaty, for instance, or when you refuse rights claims of the Gila River Indian That much of this debate is about to deal at length with the United Nations. Community. It allocates nearly 100,000 world governance and not science is I am trying to figure out what he acre-feet of CAP water to the commu- not news. At the Hague in November means by those statements. nity, and provides funds to subsidize 2002, French President Jacques Chirac And unless he is simply doing an- the costs of delivering CAP water and stated that Kyoto represents ‘‘the first other of his all-too-familiar flip-flops, I to construct the facilities necessary to component of an authentic global gov- can only conclude that while he does allow the community to fully utilize ernance.’’ not believe the Kyoto Protocol is the the water allocated to it in this settle- Those are his words, not my charac- answer, he would support it anyway. If ment. Title III provides for long-needed terization of his words. I lived in the Midwest, I would find his amendments to the 1982 Southern Ari- To summarize my remarks today, it shifting stances worrisome. zona Water Settlement Act for the makes no sense to take action on cli- I have laid out my case today for why Tohono O’odham Nation, which has mate change when the costs are so pro- capping our economy with carbon re- never been fully implemented. Title IV found and the benefits are non-exist- strictions is wrong-headed and rash. creates a placeholder for a future set- ent. And I believe that the future health of tlement on the Gila River for the San Last year, I spent two hours address- our great Nation and the world is too Carlos Apache Tribe and reiterates the ing the Senate about the state of important to have an issue as vital as fact that titles I, II, and III do not af- science regarding the global warming this one relegated to the status of a po- fect the water rights claims of the San debate. And today, I have spent an- litical football. My hope is that the Carlos Apache Tribe or the claims of other two hours providing the latest, legislators who have moved beyond the the United States on their behalf. most up-to-date information on the science will, once again, develop a For the San Carlos Apache Tribe and science about global warming—or more healthy respect for what it has to say other Indian communities in Arizona to the point—the lack of credible in guiding our actions. that have not yet settled their water science supporting it. f rights claims, this bill offers hope for I have been told many times that the the future. This bill creates a fund for science is irrelevant—that we have ARIZONA WATER SETTLEMENTS future Indian water settlements in Ari- moved beyond the science, and that we ACT zona. In addition, through this legisla- must now concentrate on what to do to Mr. KYL. Mr. President, the water tion, 67,300 acre-feet of CAP water will stop global warming from happening. I, users and providers of Arizona have be set aside for future Indian water for one, would hope that we never waited a long time for this day. The rights settlements. The water needs of abandon the science. Those who are Arizona Water Settlements Act, S. 437, each Indian tribe in Arizona are par- afraid of the newest and best science is the product of 15 years of negotia- ticular to that individual tribe. Like- are usually the same people who are tion, litigation, and more negotiation. wise, the contours of each Indian water afraid that the more the public actu- Virtually every major water user and rights settlement must be tailored to

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.124 S11PT1 S11298 CONGRESSIONAL RECORD — SENATE October 11, 2004 the needs of the tribe and the local Bush continues to say that things are going us. . . It would have taken us way beyond communities that surround it. Through well in Iraq, even Secretary of State Colin the imprimatur of international law be- this bill we give those tribes, the Sec- Powell acknowledged recently that the situ- stowed by the resolution of the Security ation is ‘‘getting worse.’’ Council. . .’’ He wrote further that doing so retary of the Interior, and future Con- And it is. American soldiers and Marines would also commit our soldiers to an ‘‘urban gresses a framework of water and fund- face an ever strengthening insurgency that guerilla war’’ and ‘‘plunge that part of the ing that can be customized to meet the puts our troops, the Iraqi people and a stable world into even greater instability and de- needs of each settlement. Iraq at increasing risk. Our troops continue stroy the credibility we were working so For now, this bill will allow Arizona to die and suffer wounds at increasing rates. hard to reestablish.’’ cities to plan for the future, knowing American and other contractors are being Sound familiar? how much water they can count on. taken hostage and brutally murdered. The President recently dismissed that pes- The lack of security is having a profound simistic July 2004 analysis of the Intel- The Indian tribes will finally get ‘‘wet’’ effect on reconstruction and on the effort to ligence Community, saying ‘‘they were just water—as opposed to the paper claims establish a stable Iraqi government. We are guessing as to what the conditions might be to water they have now—and projects paying the price for a failed strategy that in- like.’’ Conservative columnist Robert Novak to use the water. In addition, mining cluded rosy pre-war assumptions and a rush wrote that ‘‘for President Bush to publicly companies, farmers, and irrigation de- to war without first allowing United Nations write off a CIA paper as just guessing is livery districts can continue to receive weapons inspectors to complete their work without precedent.’’ Publicly stating so water without the fear that they will and without first building a credible and ef- might be unprecedented, but it appears that fective international coalition, including be stopped by Indian litigation. this is not the first time the President has Muslim countries, as President Bush’s father actually dismissed CIA warnings. According All final issues between the parties did in the first Gulf War. This was com- to the New York Times recently, ‘‘two clas- or the United States have been re- pounded by the failure to plan for the post- sified reports prepared for President Bush in solved. In particular, the states of Ari- war period and the major mistake of abol- January 2003 by the National Intelligence zona and New Mexico have negotiated ishing the Iraqi army rather than using it to Council, an independent group that advises the best way to address New Mexico’s help provide security after the cessation of the director of central intelligence . . . pre- right under the 1968 Boulder Canyon major combat operations. dicted that an American-led invasion of Iraq President Bush said recently that ‘‘It’s Project Act, authorizing the CAP, to . . . would result in a deeply divided Iraqi so- hard to help a country go from tyranny to ciety prone to violent internal conflict.’’ exchange CAP water on the Gila River. elections to peace when there are a handful The Administration disregarded that warn- In summary, this bill is vital to the of people who are willing to kill in order to ing, insisting that an American invasion citizens of Arizona and will provide the stop the process...’’ Only a handful of people would be welcomed by the Iraqis with open certainty needed to move forward with willing to kill? That’s not facing reality— arms. The violent bottom line is that when water use decisions. Furthermore, the that’s ignoring reality. we attacked Iraq, we blew the lid off the United States can avoid litigating Late last month, the Washington Post, boiling Iraqi pot without a plan to keep the quoting figures released by Iraq’s Health water rights and damage claims and contents from boiling over. Ministry and the Pentagon, reported that at- General Franks, the former Commander in satisfy its trust responsibilities to the tacks over the previous two weeks had killed Chief of U.S. Central Command, told Senator Tribes. The parties have worked many more than 250 Iraqis and 29 U.S. military John Warner and me that he had been told to years to reach consensus rather than personnel. Further, a sampling of daily re- focus on the combat phase of the war plan litigate, and I believe this bill rep- ports produced for the U.S. Agency for Inter- and to leave the planning for the stability resents the best opportunity to achieve national Development shows that such at- phase, the aftermath, to the Pentagon’s ci- a fair result for all the people of Ari- tacks now typically number about 70 each vilian leadership. Then that leadership failed zona. day, in contrast to the 40 to 50 a day during to ensure an adequate number of troops were the weeks prior to the transfer of sov- committed to provide for security, prevent f ereignty from the Coalition Provisional Au- looting, and nip the resulting insurgency in U.S. POLICY IN IRAQ thority to the Iraqi Interim Government. the bud. Back in April of 2003 at the height Those reports also indicate that the attacks of the looting in Iraq, Defense Secretary Mr. LEVIN. Mr. President, this are wide-spread, with a majority occurring Rumsfeld dismissed newspaper reports of evening on the campus of Michigan outside the three provinces that have been chaos, violence and unrest in Iraq by saying State University in Lansing I will be the principal locations for insurgent vio- ‘‘it was just Henny Penny—the sky is fall- speaking on U.S. policy in Iraq. lence. ing.’’ Eighteen months later, it is still fall- My conclusion is that just as it took The security situation has deteriorated to ing. the point that there are cities and towns in These failures to adequately plan for the a new administration to extract the Iraq where the U.S. and Coalition forces do post-combat stability phase and to ensure United States from Vietnam, it will not go. In the absence of a presence on the that adequate numbers of troops were on- take a new administration to extract ground in places like Fallujah, which has hand were compounded by the Administra- us from Iraq in a way which leaves that been taken over by insurgents, the U.S. mili- tion’s disastrous decision to disband the country stable and democratic. We can- tary has resorted to air power to strike safe Iraqi Army, thereby forcing the U.S. mili- not leave Iraq as we did Vietnam. houses and other places where intelligence tary to begin from scratch to build a new Nor can we just continue a western indicates the insurgents are located. These Iraqi security force, and throwing thousands occupation of a Muslim nation that is attacks have caused death and injuries to in- of trained Iraqi military men into the ranks nocent Iraqi civilians, and an even greater of the unemployed and many into the arms the target and magnet for violence and lack of support for the U.S. presence in Iraq of the insurgency’s recruiters. terror, and that has become more de- and for the Interim Iraqi Government which It is difficult to discern a strategy that is stabilizing than stabilizing. We must supports and relies upon our presence. Assas- being followed for Iraq today. Marine Lieu- change course in Iraq—or else Iraq’s fu- sinations, kidnapings, and beheadings are be- tenant General Jim Conway, then Marine ture is not likely to be stability and coming more frequent. The result is that Corps commander in Iraq, publically criti- democracy, and the legacy to the world Iraqis who would like to cooperate with us cized the conflicting orders he received with of the Iraq war is likely to be greater are deterred from doing so, and we are denied respect to Fallujah—first the initial order to turmoil and terror. the intelligence that we need to fight the in- go in and remove the insurgents, which went surgency. against the Marine Corps’ strategy of en- I ask unanimous consent that the re- The President may say things are going gagement with the civilian population; and marks I will be making this evening be well in Iraq, but the U.S. Intelligence Com- then the subsequent order to withdraw, after included in full at this point in the munity has a different view. The July 2004 the Marines had only partly secured the city RECORD. National Intelligence Estimate on Iraq re- and after the loss of Marines. Once the or- There being no objection, the mate- portedly sets out three possible scenarios for ders were reversed, the Marines were with- rial was ordered to be printed in the Iraq. The worst case was developments that drawn and control of the city was turned could lead to civil war, and the best case was RECORD, as follows: over to a local security force which quickly that the security environment would remain lost control to the insurgents. ‘‘IRAQ: WHAT NEXT?’’ tenuous. This pessimistic National Intel- The chaos in Iraq puts the Iraqi elections Good evening. I am delighted to be here ligence Estimate bears out the analysis of scheduled for next January at great risk. with you to discuss where we are and where former president George Bush in his 1998 The UN Special Representative for Iraq, I think we need to go in Iraq. book A World Transformed concerning the Ashraf Qazi, reported to the Security Coun- This is going to be a pretty sober discus- question of whether to march to Baghdad cil on September 14 that the ‘‘vicious cycle sion, because I agree with what Republican during the 1991 Gulf War. He wrote that ‘‘To of violence’’ and the lack of security was un- Senator CHUCK HAGEL said recently: ‘‘We’re occupy Iraq would instantly shatter our coa- dermining the world body’s efforts to assist in deep trouble in Iraq.’’ Although President lition, turning the whole Arab world against in elections set for January. UN Secretary

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.111 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11299 General Kofi Annan told me last week that a safer place because of the war in Iraq. He larly critical to provide these Iraqi troops the United Nations had supervised many replied, ‘‘No. It’s more dangerous. It’s not far more quickly with the equipment that elections in the past, but never one in a war safer, certainly not.’’ President Musharraf will instill in them a confidence in their zone like Iraq. He is concerned that the lack continued, ‘‘I would say that [the war] has abilities to defeat insurgents. of security and the tight time-table will be ended up bringing more trouble to the Creating a secure environment is not only major impediments to a successful election. world.’’ President Musharraf concluded that a military task, but a political one as well. This is compounded by the fact that the the war in Iraq has ‘‘complicated’’ the war We must make it clear to all segments of Administration has so far been unable to on terror and ‘‘has made the job more dif- Iraqi society that the U.S. has no design on convince any country to provide troops need- ficult.’’ The leader of a pivotal Muslim na- Iraqi oil or other resources and has no inten- ed to protect the UN presence in Iraq. Ac- tion and one of America’s key allies in the tion of creating a long-term base structure cording to Secretary General Annan, they fight against al Qaeda has concluded that or military presence in Iraq. will be unlikely to do so and the UN will the Iraq war has made the world more dan- The reconstruction effort must be brought have to depend on the United States and gerous and complicated the overall war on back on track. According to a recent report British forces now in Iraq to provide that se- terror. by the Center for Strategic and Inter- curity. That will mean about 5,000 troops On September 12, 2001, the day after the 9/ national Studies, ‘‘The lack of sufficient being diverted from fighting the insurgency 11 attack upon us, headlines in European electricity in major cities continues to un- to protecting the UN presence. Secretary newspapers proclaimed ‘‘We are all Ameri- dermine public confidence, fueling worri- General Annan told me that an American cans.’’ The world community united behind some discontent in cities like Fallujah and general committed to do that. America in the effort to destroy al Qaeda Mosul, which were favored under Saddam This failure to convince any other nations and remove the Taliban regime in Afghani- and now receive considerably less power than to contribute to a UN security force is a di- stan that supported it. But the President’s in prewar days. Sewage systems are worse rect consequence of the Administration’s unilateralist policies and cocky ‘‘bring ’em that they were under Saddam, causing spill- alienation of large portions of the world on’’ rhetoric squandered that good will and over health and environmental problems.’’ Eleven months after Congress approved the community by its go-it-alone approach to undermined that spirit of cooperation by ter- money, only 6% of the $18.4 billion for Iraq the war in the first place. minating UN inspections and invading Iraq reconstruction has been spent. And recently The unfortunate result is that a scant four without any Islamic nations’ support—there- the Administration asked Congress for per- months before nation-wide elections in Iraq, by diverting the focus from the real terrorist mission to transfer nearly $3.5 billion from there are only 35 UN staff members in Iraq— threat of Osama bin Laden and al Qaeda in Iraqi water, sewer and electricity projects to far short of the 200 required to support the Afghanistan. The western invasion and occu- security and electoral efforts. Unfortunately U.N. staff so essential to a credible election. pation of an Islamic country has swelled the this needs to be done, but it is another exam- Just as troubling, virtually none of the ranks of terrorists. ple of how the failure to properly plan for 120,000 Iraqis needed to run the 20,000 to We would be compounding that strategic the post-combat stability phase and the fail- 30,000 polling places have been identified and blunder by leaving Iraq as an unstable, failed ure to ensure the necessary troop levels to trained for the task. state dominated by Islamist extremists and ensure security has hampered reconstruction In the upcoming election, seats in the 275– a haven and breeding ground for even more and the creation of a stable Iraq. member National Assembly will be allocated terrorists. To succeed we must be willing to based upon a percentage of overall votes re- The Republican Chairman of the Foreign change direction to seek an alternative third Relations Committee, Senator DICK LUGAR, ceived throughout Iraq. The Secretary Gen- path to the two stark choices the President eral told us that it is not possible to have a recently blamed the mismanagement of the offers—of staying the course or cutting and whole Iraq reconstruction effort on ‘‘incom- credible election in Iraq if parts of the coun- running. try are not able to participate because of an petence in the administration’’. The focus of The alternative is to change our course the reconstruction effort must be shifted on-going insurgency. Apparently Secretary with an Administration that sees the reality of Defense Rumsfeld does not share that con- from large projects awarded to U.S. and on the ground; that is open to new ap- other foreign companies to those that will cern. In recent testimony before the Senate proaches and isn’t locked in to a course of employ the greatest number of Iraqis, giving Armed Services Committee he said, ‘‘Let’s action that isn’t working; and that hasn’t Iraqi society at large an economic stake in say you tried to have an election and you dismantled bridges to the international com- the post-Saddam Iraq that will contribute to could have it in three-quarters or four-fifths munity, particularly Islamic countries, a politically stable state. of the country. But in some places you whose support we need. None of this will be easy. But we are where couldn’t because the violence was too great President Bush is incapable of rebuilding we are in Iraq. Just as it took a new adminis- . . . Well, so be it. Nothing’s perfect in life, the bridges to the international community tration to extract the United States from so you have an election that’s not quite per- which he dismantled. A poll by a Canadian Vietnam, it will take a new administration fect. Is it better than not having an election? company found that only 20% of the people to extract us from Iraq in a way which leaves You bet.’’ in the countries surveyed overseas support that country stable and democratic. We can- Well, maybe it is not better than not hav- President Bush’s policies. not leave Iraq as we did Vietnam. ing an election—in fact, it very well might Loss of public support in other countries Nor can we just continue a western occupa- be worse. How would people in Lansing, De- isn’t simply a matter of losing a popularity tion of a Muslim nation that is the target troit and Traverse City feel about the legit- contest—it is a direct threat to our security. and magnet for violence and terror, and that imacy of a state-wide election for Governor The leaders of those countries are far less has become more destabilizing than stabi- that they couldn’t vote in? A single district likely to take the political risks that are en- lizing. We must change course in Iraq—or election in which large numbers of Iraqis are tailed in joining us in Iraq with troops or po- else Iraq’s future is not likely to be stability unable to participate is not likely to move lice if their publics strongly oppose their and democracy, and the legacy to the world Iraq forward toward a stable political system doing so and strongly disagree with the poli- of the Iraq war is likely to be greater tur- but toward civil war because it would further cies of the American administration. Listen moil and terror. alienate a significant portion of the popu- to what the Director of the Defense Intel- f lation from the Iraqi government. ligence Agency, Admiral Lowell Jacoby, told The first step in dealing with the problems the Senate Armed Services Committee about JOHN F. KENNEDY CENTER in Iraq is to face reality. If we insist things how America is viewed in the world: REAUTHORIZATION ACT OF 2004 are going fine, or if we pretend, as the Presi- ‘‘Much of the world is increasingly appre- dent incredibly enough put it, that we are hensive about U.S. power and influence. Mr. INHOFE. Mr. President, I rise in dealing with just a ‘‘handful of people who Many are concerned about the expansion, support of the passage of HR 5294—the are willing to kill,’’ we will be less willing to consolidation, and dominance of American ‘‘John F. Kennedy Center Reauthoriza- search for ways to change the negative dy- values, ideals, culture, and institutions .... tion Act of 2004.’’ As Chairman of the namic and downward spiral which have been We should consider that these perceptions Senate Committee with jurisdiction unleashed in Iraq. And we will be less willing mixed with angst over perceived ‘U.S. over the John F. Kennedy Center for to search for ways to motivate Iraqi fac- unilateralism’ will give rise to significant the Performing Arts, I am pleased that, tions’ leaders and Islamic countries to be- anti-American behavior.’’ come more involved in and be willing to take So what should we do in Iraq? working closely with the Kennedy Cen- the risks necessary to build a democratic na- We need an Administration which can re- ter, we were able to reach an agree- tion in Iraq. Surely, unless Iraqis want a build those bridges to the international com- ment with the House of Representa- democratic nation for themselves as much as munity, so we can ‘‘de-Americanize’’ this tives. This legislation authorizes fund- we want it for them—unless they suppress conflict and move towards a stable and ing for the maintenance, repair and se- the violent ones inside their own commu- democratic Iraq. To do that, we need addi- curity, as well as capital projects nities and the terrorists who want to prevent tional international troops, particularly through Fiscal Year 2007. Additionally, from Muslim nations, which this Adminis- the election in January from happening—our the legislation revises the John F. Ken- presence will continue to be more desta- tration has proven incapable of obtaining. bilizing than stabilizing. We also need to train and equip Iraqi nedy Center Plaza Authorization Act of In a recent interview, President Musharraf troops more quickly and more throughly 2002 to direct the Secretary of Trans- of Pakistan was asked whether the world is than we are currently doing. It is particu- portation to establish a Center Plaza

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.120 S11PT1 S11300 CONGRESSIONAL RECORD — SENATE October 11, 2004 Project Team consisting of the Sec- asylum seekers, and victims of torture are protected and our immigration retary, the Administrator of General and fails to strengthen the security of laws are enforced, and that law en- Services, the Chairman of the Board of our nation. forcement officials have the full sup- Trustees, or their designees, and other Among the worst provisions in the port they need. But we must do so in individuals the Project Team considers House bill are those which create in- ways that respect fundamental rights. appropriate. The Board is required to surmountable obstacles and burdens Congress should not enact laws that consult with the Project Team on spec- for asylum seekers, including many ride rough-shod over basic rights in the ified matters, including construction of women and children, eliminate judicial name of national security. Immigrants buildings. review, including the constitutional are part of our heritage and history. I wish to recognize Marty Hall and writ of habeas corpus, for certain im- We jeopardize our own fundamental Andrew Wheeler of my Committee staff migration orders, and which allow the values when we adopt harsh security for their work on this legislation. I deportation of individuals to countries tactics that trample the rights and lib- also wish thank Michael Kaiser, Presi- where they are likely to be tortured, in erties of immigrants. We must learn dent of the Kennedy Center for his sup- violation of our international treaty from the past, so that we do not con- port for this bill. Mr. Kaiser has done obligations. tinue to repeat these mistakes in the an outstanding job of making the Ken- Many share my concerns with the future. nedy Center a world class operation House bill. The list of critics, lead by This legislation is too important for and center for the performing arts. Mr. families of the 9/11 victims, is rapidly it to be derailed by political pandering Kaiser is responsible not only for the growing. A recent letter to House to anti-immigrant extremists. We need artistic programming, he is also the members, signed by more than two to pass this reform legislation, but we person charged with ensuring its finan- dozen family members of persons who need to get it right. The American peo- cial health. By any measure, he has died in the terrorist attacks, states ple expect, and deserve, better. been very successful in both ventures. I that the immigration provisions are I ask unanimous consent to print the would also like to express my apprecia- outside the scope of the Commission’s above-referenced letters in the RECORD. tion to Kennedy Center staff, specifi- recommendations and urges House There being no objection, the mate- cally Jared Barlage and Ann Stock, members not to enact them. To under- rial was ordered to be printed in the who have worked very closely with my score their concerns, the families state RECORD, as follows: staff in developing this legislation. their ‘‘strong collective position that AN OPEN LETTER From its very beginnings, the Ken- legislation to implement the 9/11 Com- To: House of Representatives. nedy Center has represented a unique mission recommendations not be used From: Family Members of 9–11 Victims. public/private partnership. Because the in a politically divisive manner.’’ Re: H.R. 10. Center is the Nation’s living memorial Similarly, the chair of the 9/11 Com- DEAR REPRESENTATIVES: We are family to President Kennedy, it receives fed- mission, Thomas Kean, has said that members of those who died in the tragedy of eral funding each year to pay for main- the House immigration provisions 9–11. While we have diverse political views on ‘‘which are controversial and are not many issues, we write to you today in one tenance and operation of the building, voice to express our strong collective posi- a federal facility. However, the Cen- part of our recommendations to make tion that legislation to implement the 9–11 ter’s artistic programs and education the American people safer perhaps Commission recommendations not be used in and outreach initiatives are paid for al- ought to be part of another bill at an- a politically divisive manner. The discussion most entirely through ticket sales and other time.’’ Likewise, the vice-chair, around these recommendations is extremely gifts from individuals, corporations, Lee Hamilton, warned that the inclu- serious and important to 9–11 families across and private foundations. I am pleased sion of these ‘‘controversial provisions the political spectrum. We have heard the that we can send this legislation to at this late hour can harm our shared House Bill to implement the 9–11 Commis- purpose of getting a good bill to the sion Recommendations (H.R. 10) also in- President Bush and continue the good cludes provisions to expand the USA Patriot work of this valued institution. President before the 108th Congress ad- Act and reform immigration law in ways not f journs.’’ recommended by the commission. I am submitting for the record the We strongly urge you to take these provi- THE IMMIGRATION PROVISIONS OF letters of a broad spectrum of religious, sions out of the bill, and not vote for any bill H.R. 10 immigrant, human rights, and civil lib- that contains them. These provisions are Mr. KENNEDY. Mr. President, I have erties groups voicing their strong oppo- outside the scope of the Commission’s rec- serious concerns about the direction sition to the immigration provisions in ommendations, and this is neither the time our Republican colleagues in the House the House bill. These groups include nor place to consider controversial, unre- of Representatives have taken on the the American-Arab Anti-Discrimina- lated issues. Those issues can be discussed at a later date and proposed in different legisla- legislation to implement the rec- tion Committee, the American Civil tion. Last week, members of the 9–11 Com- ommendations of the 9/11 Commission. Liberties Union, the American Immi- mission themselves (3 Republican and 3 The House bill, H.R. 10, departs in sig- gration Lawyers Association, the Democrats) also called on House leaders to nificant and problematic ways from the American Jewish Committee, Amnesty drop these provisions. The Chairman of the Commission’s specifically-tailored rec- International, the Arab-American In- 9–11 Commission, Thomas Kean, said on Sep- ommendations to protect our country stitute Center for Community Change, tember 30th: ‘‘We’re very respectfully sug- against future terrorist attacks. The the Fair Immigration Reform Move- gesting that provisions which are controver- recommendations call for preventing ment, Freedom House, the Hebrew Im- sial and are not part of our recommendations to make the American people safer perhaps terrorist travel, establishing an effec- migrant Aid Society, Human Rights ought to be part of another bill at another tive screening system to protect our First, Human Rights Watch, the Lu- time.’’ borders, transportation systems, and theran Immigration and Refugee Serv- Please respect the seriousness of the dis- other vital facilities, expediting full ice, the National Asian Pacific Amer- cussions around the Commission Rec- implementation of a biometric entry- ican Legal Consortium, the National ommendations and immediately remove all exit screening system, establishing Council of La Raza, the National Immi- unrelated provisions. global border security standards by gration Forum, the RFK Memorial Yours Sincerely, Colleen Kelly (Sister of William Kelly Jr.). working with trusted allies, and stand- Center for Human Rights, the Service Adele Welty (Mother of Timothy Welty, ardizing identity documents and birth Employees International Union, the FDNY, killed 9–11 in line of duty). certificates. Tahirih Justice Center, the U.S. Catho- Laurette Poulos Simmons (Sister of Ste- Instead of adhering to these carefully lic Bishop’s Committee on Migration, phen Emanuel Poulos who died in the WTC). considered measures, as the Senate has World Relief, and the Women’s Com- Karen Shea (Niece of Steven Tighe). done, the House Republican leadership mission for Refugee Women and Chil- Barry Amundson (Brother of Craig has included long-rejected, Amundson, killed at the Pentagon). dren. Kelly Campbell (Sister-in-law of Craig antiimmigrant proposals that have In these difficult times for our coun- Amundson). nothing to do with the Commission’s try, we know that the threat of ter- Wright and Meredith Salisbury (Father- recommendations. The House bill se- rorism has not ended. We have to keep and mother-in-law of Ted Hennessy, Jr., who verely limits the rights of immigrants, doing all we can to see that our borders was killed on 9/11).

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.110 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11301 John Leinung (Step-father of Paul pus review of a variety of immigration deci- binding commitment to protect civil lib- Battaglia, WTC Tower 1, 100th floor). sions; raising the bar substantially for a erties, due process, and individual privacy. Andrew Rice (Brother of David Rice). grant of asylum; prohibiting federal courts The Commission recognizes the need to rec- Rita Lasar (Sister of Ephraim Lasar). from granting stays of deportation while a oncile ‘‘security with liberty, since the suc- David Reynolds (Cousin of Scott M. John- case is pending except in extraordinary cess of one helps protect the other.’’ While son, died on 9/11/2001—South Tower, 89th cases; and authorizing the government to re- acknowledging the difficult challenge in- floor, WTC). move foreign nationals to countries that volved in preserving this balance, the Com- Alissa Rosenberg-Torres (Widow of Luis lack a functioning government so long as mission emphasizes the critical importance Eduardo Torres, North Tower). that country does not physically prevent the to get it right. The Commission also points David Potorti (Brother of Jim Potorti). removal. out the importance of placing the burden of George Choriatis (Nephew of Theodoros Section 3008—Revocation of Visas and proof on the Executive for retaining govern- Pigis, killed in the World Trade Center at- Other Travel Documents: This provision mental power. tacks). makes individuals who enter the U.S. on a 4. Our nation needs an immigration system Roberta Shea (Sister of Stephen Tighe, valid visa that is subsequently revoked by that shrinks the haystack by facilitating the died in the WTC). the State Department subject to removal. entry of ‘‘trusted travelers’’ so we can better Terry Rockefeller (Sister of Laura Rocke- This provision would prohibit all administra- focus our resources on those who mean to do feller). tive and judicial review of the revocation de- us harm. The 9/11 Commission recognizes the Nissa Youngren (Daughter of Robert G. cision. Thus, an individual whose visa is re- importance of facilitating travel so that re- LeBlanc, United Flight 175). voked based on false information (or other sources can be focused on those who mean to J. William [Bill] Harris (Brother-in-law, errors) would be removable from the U.S. do us harm. The Commission urges that the Laura Rockefeller). without the opportunity to challenge the ‘‘programs to speed known travelers’’ be Logan Harris (Niece of Laura Rockefeller). basis for the removal. made a ‘‘higher priority, permitting inspec- Maureen Donegan (Sister of William Kelly Section 3053—Minimum Document Re- tors to focus on greater risks.’’ In addition, Jr.). quirements and Issuance Standards for Fed- because the U.S. cannot shrink the hay- Jim and Barb Fyfe (Father and mother of eral Recognition: This provision bars Federal stack, enhance our security, and secure our Alicia Fyfe, flight attendant). agencies from accepting driver’s licenses or borders without reforming our immigration Andrea LeBlanc (Widow of Bob LeBlanc). other ID cards issued by a state unless it sat- laws, it is vitally important to reform our Loretta Filipov (Widow of Al Filipov). isfies certain requirements established by laws by legalizing the status of those cur- the Secretary of Homeland Security. These rently living and working in the U.S., reduc- SEPTEMBER 28, 2004. requirements include: verification by the ing the long backlogs in family-based immi- DEAR REPRESENTATIVE: The undersigned issuing agency of the authenticity of docu- gration, and creating break-the-mold worker organizations urge the House of Representa- ments prior to issuance of a driver’s license programs that allow people to enter and tives during the debate and vote on H.R. 10 or other ID; proof that the applicant pos- leave the U.S. lawfully. (the ‘‘9/11 Recommendations Implementation sesses a social security account or that the 5. Measures designed to enhance our secu- Act’’) and amendments to H.R. 10, to be person is not eligible for one; and confirma- rity must include provisions that mandate faithful to the Commission’s recommenda- tion by the SSA of the accuracy of the social sufficient funding, an adequate number of tions and its admonition that the ‘border security number presented. Not only would well-trained officers, reasonable deadlines, and immigration system of the United these requirements grind to a halt the accurate databases, technology that is up States must remain a visible manifestation issuance of driver’s licenses throughout the the task, and Congressional oversight of im- of our belief in freedom, democracy, global country, they also would lead to a de facto plementation, along with prioritizing initia- economic growth, and the rule of law, yet immigration status requirement. Such a re- tives. Our history is riddled with laws that serve equally well as a vital element of sult would severely undermine the law en- do not take these factors into account. Con- counterterrorism.’’ forcement utility of the Department of gress also must engage in rigorous risk-based As we seek to enhance our security, we Motor Vehicle databases by discouraging in- and cost-benefit analysis to ensure that must do so in ways that are effective and dividuals from applying for licenses. agencies are guided by clear priorities and bring our nation together. If we do not rise Legislation that would enhance our secu- are not overwhelmed by a flood of to this challenge, legislation that is passed rity and our immigration system, and rein- unachievable mandates. and signed into law could have the unin- force due process, civil liberties and privacy 6. The United States must remain a nation tended consequences of hurting our security concerns needs to address the following: that welcomes people to its shores. Immigra- and making our immigration processes even 1. Create a system that can deliver on its tion is in our national interest, and a system more dysfunctional than they are today. Un- ‘‘basic commitments.’’ The Commission that works is essential to our national and fortunately, H.R. 10 was not crafted in a bi- notes that an immigration system unable to economic security. Our immigration system partisan manner and the House did not hold deliver on ‘‘basic commitments’’ was one of needs to reflect the importance of reuniting a sufficient number of hearings on the im- the ‘‘two systematic weaknesses’’ that families, fulfilling the needs of American portant issues this legislation raises. The ‘‘came together in our border system’s in- business, maintaining America’s economic bill also includes many provisions that we ability to contribute to an effective defense security (which contributes to our nation’s strongly oppose that go well beyond the against the 9/11 attacks.’’. well-being and national security), protecting scope of the Commission’s recommendations. 2. Strengthen the U.S.’s intelligence capac- refugees and asylees to meet our moral and These provisions will distract our govern- ity and create a multi-layered border with international obligations and, as the Com- ment from effectively enhancing our secu- several tiers of protection to most effec- mission underscores, helping to enhance our rity and threaten to stall the passage of tively enhance security. The Commission re- security. The U.S. is a nation of immigrants needed reforms. We urge you to oppose them: port repeatedly underscores the need to en- and immigration remains central to who we Section 3005—Prohibition on Acceptance of hance our intelligence capacity and develop are and helps to explain our success as a peo- the Consular Identification Card: This provi- layers of protection that keep targeted peo- ple and a country. sion would prohibit federal employees from ple from entering the U.S. to implement Sincerely, accepting consular identification cards. such a layered border, Congress and the Ad- ACORN, American-Arab Anti-Discrimina- However, in a security-conscious environ- ministration must, among other actions, di- tion Committee, American Immigration ment, people who are here, whatever their rect more money to our consulates, ensure Lawyers Association, American Jewish Com- status, must be able to prove their identity. the accuracy of watchlists and create a proc- mittee, Arab-American Institute, Center for Many cities, counties and law enforcement ess that allows the deletion of names that do Community Change, Fair Immigration Re- agencies accept consular identification cards not belong on such lists, mandate adequate form Movement, Hebrew Immigrant Aid So- as valid forms of identification. and consistent training for those who imple- ciety (HIAS), Lutheran Immigration and Section 3006—Expedited Removal: This ment immigration law, and ensure that Refugee Service, National Asian Pacific provision significantly expands the expedited ports-of-entry receive sufficient funding and American Legal Consortium, National Coun- removal regime and would subject all indi- are adequately staffed with well-trained offi- cil of La Raza, National Immigration Forum, viduals who entered the U.S. without inspec- cers with access to accurate, functioning, Service Employees International Union tion to expedited removal unless they have and interoperable databases. Another crit- (SEIU), AFL–CIO, CLC, Tahirih Justice Cen- been physically present in the U.S. for more ical component to well-functioning borders ter. than 5 years. Expedited removal currently and ports-of-entry is access to counsel to fa- has created significant due process concerns; cilitate the flow of people and ensure that SEPTEMBER 30, 2004. this provision would magnify those concerns the government’s broad powers to admit or DEAR REPRESENTATIVE: We strongly oppose immeasurably. bar noncitizens from entry are not used im- a provision in H.R. 10 that would authorize Sections 3007, 3009 and 3033: These provi- properly. the outsourcing of torture to brutal dictator- sions encompass key aspects of the so-called 3. Effective security measures must in- ships like Syria, Saudi Arabia, and China. ‘‘Fairness in Immigration Litigation Act clude rigorous civil liberties, due process, Section 3032 of H.R. 10, the 9/11 Rec- (H.R. 4406) that would further undermine the and privacy protections. In this context, ommendations Implementation Act of 2004, availability of basic due process protections Congress must not erode judicial review. would make it official U.S. policy to send or for non-citizens by: prohibiting habeas cor- These measure must reflect our nation’s return individuals to countries where they

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.140 S11PT1 S11302 CONGRESSIONAL RECORD — SENATE October 11, 2004 would be at grave risk of torture. This provi- Human Rights Watch; Scott Horton, the Commission, and even the White House, sion would violate U.S. law and policy, and it International League for Human have called for the removal of several of is completely inconsistent with decades of Rights; Ralston H. Deffenbaugh, Jr., these sections. efforts by Republicans and Democrats alike Lutheran Immigration and Refuge We urge members of the House of Rep- to make America a world leader in the fight Services; Robin Phillips, Minnesota resentatives to strike these provisions from against torture and for human rights. Far Advocates for Human Rights; Loenard H.R. 10 and to pursue instead the well-rea- from implementing the 9/11 Commission’s Rubenstein, Physicians for Human soned recommendations of the 9–11 Commis- recommendations, it directly contradicts the Rights; Todd Howland, RFK Memorial sion. Commission’s counsel that the United States Center for Human Rights; R. Timothy Sincerely, should ‘‘offer an example of moral leadership Ziemer, Rear Admiral USN (Ret.), ANGELA KELLEY, in the world, committed to treat people hu- World Relief. Deputy Director. manely, [and] abide by the rule of law.’’ The legal prohibition on torture is abso- NATIONAL IMMIGRATION FORUM, WOMEN’S COMMISSION FOR lute. Along with 135 other countries that Washington, DC, October 5, 2004. REFUGEE WOMEN AND CHILDREN, have ratified the Convention against Torture DEAR REPRESENTATIVE: We write to express October 5, 2004. and Other Cruel, Inhuman or Degrading concern about several provisions of H.R. 10 Hon. DAVID DREIER, Treatment or Punishment, the United States that, contrary to the recommendations of Chair, Committee on Rules, has committed itself to upholding this fun- the bipartisan 9–11 Commission, broadly re- House of Representatives, Washington, DC. damental principle of human dignity. Just as strict the rights of immigrants while failing DEAR MR. CHAIRMAN: We are writing to you governments cannot engage in torture di- to enhance national security. on behalf of the Women’s Commission for rectly, they cannot send people to places Like all Americans, the National Immigra- Refugee Women and Children concerning where they risk being tortured. The Conven- tion Forum supports proposals to enhance several immigration-related provisions con- tion against Torture states that ‘‘no State domestic security and prevent acts of ter- tained in H.R. 10, the ‘‘9/11 Recommendations Party shall expel, return (‘refouler’) or ex- rorism. We applaud the bipartisan 9–11 Com- Implementation Act.’’ While the Women’s tradite a person to another State where mission’s recommendations that effectively Commission understands the need to pass there are substantial grounds for believing target terrorism and not immigrants. Simi- legislation addressing the findings and rec- that he would be in danger of being subjected larly, the bipartisan Senate bill appears to ommendations of the National Commission to torture.’’ capture these recommendations and is large- on Terrorist Attacks Upon the United Congress reiterated its commitment to up- ly free of attacks on the newcomer commu- States, we believe that several of the provi- holding this obligation in 1998 when it passed nity. Unfortunately, House leaders crafting sions in the proposed bill go beyond the section 2242 of the Foreign Affairs Reform H.R. 10 have decided to take a different tac- scope of what the report called for and un- and Restructuring Act, stating that ‘‘[i]t tic and play politics with this critical legis- necessarily harm women and children asy- shall be the policy of the United States not lation. lum-seekers. Specifically, we are concerned to expel, extradite, or otherwise effect the Several immigration-related provisions of with the following provisions: involuntary return of any person to a coun- H.R. 10 are of grave concern. They focus on Section 3006. Expedited Removal: We be- try in which there are substantial grounds limiting immigrants’ rights to due process lieve that this provision impacts women and for believing the person would be in danger and legal identification documents, meas- children escaping persecution in a particu- of being subjected to torture, regardless of ures which are not only un-American, but larly harmful manner. The new provision whether the person is physically present in actually counterproductive to our goal of provides no review process for those individ- the United States.’’ Section 3032 of H.R. 10 improving national security. Specifically, we uals expressing a fear of persecution if they would violate that legal and moral obliga- are opposed to the following provisions of have been in the United States for longer tion by permitting the U.S. government to this legislation: than one year. Refugee women and children turn over people to other countries even if it Subjecting an immigrant with less than who are escaping rape, female genital muti- is 100 percent certain they will be tortured. five years’ physical presence in the U.S. to lation, honor killings, forced marriages, sex- This will have immediate and damaging con- an expedited deportation, without a hearing ual slavery, trafficking, recruitment as child sequences. on her right to remain in the United States soldiers, and other forms of age and gender For example, the government of China has (3006). related persecution often face the most dif- been demanding that the United States turn Restricting states’ right to permit all im- ficulty in presenting their cases. Due to the over to it a number of ethnic Uighur detain- migrant drivers to be legally licensed and in- extremely sensitive and often painful nature ees held at Guantanamo Bay, Cuba. Because sured (3052). of such claims and cultural barriers that in- it believes the detainees would likely be tor- Barring federal acceptance of identity doc- hibit women and children from expressing tured, the Bush Administration has rightly uments issued by foreign governments (other themselves and their needs, women and chil- refused and is instead seeking other coun- than passports), no matter how secure the dren often require significant time and coun- tries to accept them. If Congress were to ap- documents are determined to be (3005). seling before they can articulate their prove this provision, there would be no legal Putting up new hurdles and pitfalls for claims, particularly in front of government bar to sending these detainees back to tor- asylum-seekers that purport to address ter- officials. ture. rorism concerns, but which are unnecessary, Moreover, highly specialized skills are By contrast, in 2002 the U.S. government excessive, and in violation of international needed to interview women and children asy- sent a transiting Canadian-Syrian national, conventions (3006, 3007, 3031, 3032, 3033). lum seekers in a gender and age sensitive Maher Arar, to Syria despite its systematic Further limiting immigrants’ access to manner, and it is unlikely that front line im- use of torture. Now safely back in Canada, meaningful judicial review (picking up where migration officials will have these skills. Arar alleges he was severely tortured, in- the 1996 immigration laws left off), including The result could be returning at-risk women cluding beatings with electrical cords, dur- the right to a simple challenge of their de- and children to life-threatening situations. ing his ten months in a Syrian prison. Such tention pursuant to the writ of habeas cor- Finally, children have traditionally been incidents undermine the credibility of U.S. pus (3006, 3008, 3009). exempt from expedited removal in recogni- efforts to promote human rights and democ- Expanding the instances in which individ- tion of the vulnerabilities that their tender racy in the Arab world, which President uals can be deported to countries with no age creates. H.R. 10, however, would apply Bush has identified as a key element in the functioning governments or where they are expedited removal regardless of age, thus Administration’s long-term strategy to com- likely to be tortured (3032, 3033). subjecting children to a process that they bat terrorism. If this provision is passed, As the 9–11 Commission pointed out in its cannot reasonably be expected to understand such incidents will become more common, report, intelligence is the key to finding ter- or appreciate. Even if protections are put in dealing a profound blow to America’s moral rorists and shutting down their operations; place for children, children may be improp- authority in pursuing a vital goal. broad-based immigration restriction meas- erly classified and treated as adults due to In the wake of the Abu Ghraib scandal, ures that cast a wide net are ineffectual at the lack of a scientifically sound method to President Bush and the Congress have gone best, and a waste of precious resources. The determine age. to great pains to persuade the world that H.R. 10 immigration provisions outlined Section 3007. Preventing terrorists from U.S. policy does not condone torture. If Con- above fail on all counts: they don’t enhance obtaining asylum. This section in actuality gress enacts this legislation, it would make the government’s ability to collect or ana- is irrelevant to terrorism. Instead, it fun- tolerance of torture official U.S. policy. We lyze intelligence, to use intelligence in mak- damentally alters the evidentiary standards urge you to strike this provision from the ing law enforcement decisions, or to respond for asylum claims and the burden of proof for bill and to reaffirm America’s commitment to or prevent terrorism. These provisions asylum applicants. to a world without torture. simply expand the federal government’s au- This section would require an asylum seek- Sincerely, thority to deport foreign nationals quickly er to establish that the central motivation William Schulz, Amnesty International and without proper judicial review, and push for his or her persecutor’s actions was one of USA; Douglas A. Johnson, The Center immigrants who want to play by the rules the five protected grounds under the refugee for Victims of Torture; Jennifer Wind- further underground. They have no place in definition. This change would be cata- sor, Freedom House; Elisa Massimino, this ‘‘9–11 Commission recommendations strophic for both women and children asy- Human Rights First; Kenneth Roth, bill,’’ which is why distinguished members of lum-seekers. Even under current law, which

VerDate Aug 04 2004 02:37 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.122 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11303 requires a finding of ‘‘mixed motivation,’’ we stand with our colleagues in also oppos- bility for the Federal Long Term Care many women and children asylum-seekers ing those other sections (for example, sec- Insurance Program to the entire mili- have a difficult time proving motive. Most tion 3032) that harm all people fleeing past tary community. gender and age related claims are based on and future harm. Women and children con- Our Nation is grateful to Colonel persecution by a private rather than govern- stitute both the majority of and the most Rohrbough for supporting members of ment actor. Often, the violence occurs in pri- vulnerable of the world’s refugees. Regard- vate settings. It is thus extremely difficult less of the critical merits of fighting the war the Armed Forces and their families, to prove that the perpetrator is motivated against terrorism, we cannot afford to relin- the Military Coalition, and all vet- by the victim’s age or gender. quish our strong international leadership erans, while serving in uniform and in Furthermore, the provision would require role in their protection, especially when private life. We offer him a sharp sa- the applicant to provide corroborating evi- these women and children present no harm lute and wish him continued success dence unless unreasonable to do so. The pri- to us. and happiness in retirement.∑ vate nature of most gender and age related Thank you for considering our concerns. persecution makes it highly unlikely that Please do not hesitate to contact us if you f such evidence will be available. Moreover, would like to discuss any of these issues fur- AMERICAN JOBS CREATION ACT even if it exists, children in particular are ther. OF 2004 unlikely to be able to produce it unless in- Sincerely, ∑ tensive legal assistance is provided; the re- WENDY YOUNG, Ms. MIKULSKI. Mr. President, I rise ality is that more than one-half of children Director of External today in support of the American Jobs are unrepresented when presenting asylum Relations. Creation Act. This bill is known as the claims. JOANNE KELSEY, ‘‘JOBS’’ Act because it will bring This section would also allow an adjudi- Senior Coordinator for American jobs home, it will protect cator to consider any statements made by Detention and Asy- American jobs here, and it will create asylum-seekers in determining credibility. lum. more American jobs. Thus, if a woman or child discusses their per- f I have been fighting for a patriotic secution for the first time in front of an asy- lum officer or an immigration judge, their ADDITIONAL STATEMENTS tax code that closes tax loopholes. This failure to discuss it in prior conversations bill is not perfect. I have some yellow with immigration officials could be consid- flashing lights about provisions that ered proof of inconsistent statements. This TRIBUTE TO RETIRED COLONEL were stripped out in this conference re- requirement again fails to consider the ex- FRANK ROHRBOUGH, UNITED port, particularly those affecting our tremely difficult nature of age and gender STATES AIR FORCE workers right to overtime and our Na- related claims. It is unrealistic to expect a ∑ tional Guard and Reservists. woman or child claimant to articulate the Mr. MCCAIN. Mr. President, today I honor a true leader and exceptional Our middle class is hurting. They are embarrassing details of their abuse to immi- worried about keeping their jobs, pay- American. After a long and distin- gration officials when they first arrive in the ing for health care, and sending their United States and are still fearful and con- guished career of service to our Nation, children to college. America is hem- fused. To later use this natural reticence COL Frank Rohrbough is retiring from orrhaging jobs—2.7 million manufac- against them is grossly unfair. his position as Deputy Director for turing jobs have disappeared since 2001. Furthermore, this section condones the Government Relations of the Military evaluation of an applicant’s demeanor in as- My State of Maryland has lost 21,000 Officers Association of America, sessing credibility without clarifying that an manufacturing jobs since 2001. applicant’s behavior should be considered in MOAA. On this occasion, it is fitting to Where are these jobs going? They are the context of their culture. This framework recognize his 30 years of commissioned going overseas. They are going on a completely discounts the complex psycho- service as an Air Force officer and 13 slow boat to China or on the fast track logical, social and cultural context of many years as one of the foremost health women and children asylum-seekers. to Mexico. These jobs are headed to benefit advocates for the uniformed dial 1–800 anywhere. Section 3033. Additional Removal Authori- services community. Colonel ties. This section authorizes the removal of Why are they going? These jobs are individuals to countries other than their Rohrbough’s career illustrates a life- leaving because American companies country of origin. Deporting women and chil- long commitment of service to the na- are at a competitive disadvantage. Our dren to a third country may be extremely tion and to preserving the welfare of American companies pay their workers hazardous to their safety. Women often and uniformed members and their families. a livable wage, pay their fair share of children always are heavily dependent on In 1961, Frank Rohrbough graduated taxes, and provide health care and re- family and community support to ensure from the Reserve Officer Training tirement benefits to their employees. their well-being. Corps at Texas A&M University, earn- I think it is wrong to give companies Section 3082. Expanded pre-inspection at ing his commission as a second lieuten- foreign airports. This provision would re- incentives to send millions of jobs to quire the expansion of pre-inspection at for- ant in the U.S. Air Force. Appointed to other countries when millions of Amer- eign airports. Immigration officials charged the Medical Service Corps, he served icans are losing their jobs. It is wrong with enforcing pre-inspection would not have with distinction at all levels in the Air to put companies who stay in America sufficient training or expertise to determine Force, from small community military at a competitive disadvantage. They whether a woman or child is fleeing persecu- medical treatment facilities to large are at a competitive disadvantage be- tion. Even if such training were provided, regional hospitals. His distinguished cause they have their business here at the lack of oversight of such officers and the career culminated with his appoint- home, because their workers are here absence of assistance for women and children ment to the Air Force’s top Medical are likely to result in many at-risk women at home, because they pay their fair and children being prevented from departing Service Corps position—Chief of the share of taxes, and because they pro- the country in which they are being per- Air Force Medical Service Corps and vide health care to their employees. secuted. Assistant Surgeon General for We should be rewarding these compa- Section 3083. Immigration Security Initia- Healthcare Support. nies with good guy bonuses for hiring tive. This provision mandates the posting of After retiring from the Air Force in and building their businesses here in immigration officials at overseas airports to 1991, Colonel Rohrbough joined the America. That is what I am fighting check documentation of individuals trav- MOAA staff and served as principal ad- for in the U.S. Senate. eling to the United States. This provision visor on health issues. In this position, But, this bill is not perfect which is may inadvertently lead to more trafficking in women and children. Asylum seekers who he worked with the Armed Services why I fought to improve this bill dur- are desperate to leave countries in which Committees of both the House and the ing the Senate debate. Senator DORGAN they are experiencing persecution often re- Senate, the Department of Defense, and I offered an amendment to end tax sort to the assistance of outsiders, who may and numerous organizations and agen- subsidies to U.S. companies that send wish to exploit them through trafficking. cies to protect health care benefits for plants and U.S. jobs overseas. Our The more difficult it is to travel without ap- uniformed services beneficiaries. His amendment would have required U.S. propriate documents, the more such vulner- personal efforts contributed signifi- companies that open foreign plants or able refugees will resort to avenues that cantly towards important legislation move plants overseas then export those could result in their further persecution. While we have limited our comments to including lifetime health care and goods made abroad back to the U.S. to those sections of H.R. 10 that we believe are pharmacy coverage for Medicare-eligi- pay taxes on the profits from these op- particularly harmful to women and children, ble beneficiaries and extending eligi- erations. Our amendment said the U.S.

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.115 S11PT1 S11304 CONGRESSIONAL RECORD — SENATE October 11, 2004 Tax Code can no longer be used to This legislation simplifies inter- just wrong that this provision was not boost corporate rewards at the expense national tax rules, eliminates many re- included in the final JOBS bill. of American workers. dundant and complicated tax provi- I am happy that we were able to We should be rewarding our Amer- sions, and reduces the double taxation reach a compromise and pass a bill, ican companies who hire and build of foreign-earned profits for U.S.-based H.R. 1779, which would provide a 50 per- their businesses right here in the companies. If our American companies cent tax credit to small businesses who United States with good guy tax are strong at home and abroad, our continue to pay their activated Guard breaks. We should be giving good guy American economy will be strong. And and Reserve employees their civilian bonuses to American businesses that that’s what I’m fighting for. wages, and provide a $6,000 tax credit are providing health care to their I know how important small busi- to help small business owners hire tem- workers and to their retirees. nesses are to the health of the economy porary workers. But, the bill we passed I have fought to help make health in- and to the communities that they today leaves out our First Responders. surance more affordable for self-em- serve. This legislation includes about It also leaves out the extra help for our ployed individuals by allowing self-em- $7.1 billion in tax breaks for small busi- manufacturers. Now that we have done ployed individuals to be able to fully nesses in two important ways. First, our job here in the Senate, we have to deduct their health care premiums. this bill will provide tax breaks for res- hope that the House takes action on I fought to provide workers and retir- taurant owners and certain real estate this bill when we return. Well, we all ees who have lost health insurance due developers so that they can write off know what that means. I am going to to trade with a tax credit of 65 percent the cost of improving their facilities continue to fight for this provision for health care premiums, and I am faster, saving thousands of dollars. when we come back. I am also going to still fighting to provide small busi- This legislation also extends the small fight to do the same thing for our fed- nesses with a 50 percent tax credit for business tax breaks from 2003 bill eral government employees with the the cost of health insurance premiums which allows small businesses to write Durbin-Mikulski Pay Security Act. for their workers. off up to $100,000 for the purchase of I have another problem with the leg- I am standing up for America by new equipment. If we do not pass this islation we are discussing today. I am standing up for a strong economy right legislation, our small businesses will so disappointed that the amendment to here at home. This bill would help only be able to write off $25,000 for in- protect overtime pay was again American jobs in three ways. This bill vestments in new equipment. stripped out in conference. Once again, will help reinvigorate the U.S. manu- This legislation funds tax breaks for the White House got its way even facturing sector by creating incentives our good guys by shutting down the though Congress and the American to retain more U.S. manufacturing jobs types of tax loopholes used by Enron, public are opposed to the new overtime here in the U.S. by lowering the cost of cracking down abusive shelters, closing rules. Millions of Americans depend on production. Next, this bill helps U.S. tax loopholes for companies and indi- overtime pay to pay their bills and to companies compete abroad by putting viduals who hide assets in tax havens make ends meet. I thought that in this U.S. companies on a more equal footing to avoid paying U.S. taxes, and ending country the best social program was a with foreign competitors. Lastly, this certain leasing arrangements for public job. Yet, up to 6 million workers have bill will help put an end to the tariffs infrastructure projects. I don’t believe lost overtime protection under the new imposed by EU on U.S. exports by re- that the American taxpayer should be overtime rules. Workers should receive pealing the income tax preferences subsidizing the Paris metro. I say let’s overtime pay for working overtime. that have been ruled illegal by the keep those dollars here at home. It’s just that simple. This isn’t com- World Trade Organization. If we don’t Though I am supporting today’s bill, plicated—it’s fair and right. pass this legislation, these tariffs I also believe there are problems with The JOBS bill makes good things would cost American businesses up to it. I introduced an amendment with my happen by helping U.S. companies. The $4 billion per year. And that’s not colleague from Louisiana—Senator JOBS bill also stops bad things from okay. MARY LANDRIEU. Though this amend- happening by going after tax cheats. When I consider any tax proposal, I ment passed unanimously in the Sen- But, the conference report is not near apply three criteria. Does it create ate, it is nowhere to be found in this the bill that was passed by the Senate. jobs? Are the tax cuts targeted or tem- conference report. Senator LANDRIEU I will vote for this legislation be- porary? Does the proposal increase and I introduced an amendment that cause I think it helps create a patriotic structural deficit? The JOBS bill meets provides benefits to our good guy em- Tax Code, provides good guy bonuses to all my criteria. This bill would provide ployers who pay their employees the American manufacturing companies nearly $137 billion in new business tax difference between their National that keep jobs here, creates a level cuts. There are four major sections of Guard salary and their civilian job. playing field for U.S. companies com- this bill: a new domestic manufac- This important provision would have peting abroad, and cracks down on tax turing tax break; international tax provided a 50 percent tax credit to em- cheats and closing tax loopholes. simplification; small business provi- ployers who continue to pay their acti- I call on my colleagues to think sions; and, shutting down tax shelters vated Guard and Reserve employees about where America is going in the and closing tax shelters. their civilian wages. This provision 21st century. Where are we going to be? The JOBS bill would reduce taxes for would also have provided a $6,000 tax Are we going to create more oppor- many of our U.S based manufacturers, credit to help small business owners tunity? Are we going to create more by reducing their overall tax rate by 3 hire temporary workers and provided a jobs that pay a living wage and have a percent. This would lower the cost of $10,000 tax credit for small manufactur- decent benefit structure? doing business in the U.S. for U.S. ers to hire temporary workers when I really want to have a patriotic Tax manufacturers, and would help U.S. their National Guard employees have Code that brings our jobs back home, manufacturers compete against low- been deployed. I wish that these provi- helps us compete overseas, and stands cost manufacturing in other countries. sions were included in the bill that we up for America. The domestic manufacturing tax break passed today. I urge my colleagues to pass this im- is based on the amount of U.S.-based Our National Guardsmen are often portant bill.∑ manufacturing profits. So companies our first responders. They are our po- can only get the tax break if they man- licemen and firemen in times of crisis. f ufacture here at home. This bill also They are ‘‘Our Active Duty Ameri- REPORTS OF COMMITTEES includes a very broad definition of cans’’—on duty in times of peace and The following reports of committees manufacturing so it would help a broad war. When our National Guardsmen were submitted: and women are sent to Iraq, Afghani- range of companies. By Mr. STEVENS, from the Committee on This bill also helps American compa- stan, or called to protect our critical Appropriations: nies working abroad to be more com- military installations here in the U.S., Special Report entitled ‘‘Further Revised petitive with about $42.6 billion in tax they shouldn’t have to worry about Allocation To Subcommittees of Budget To- breaks to U.S.-based multinationals. paying their bills here at home. It’s tals for Fiscal Year 2005’’ (Rept. No. 108–398).

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.125 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11305 By Mr. MCCAIN, from the Committee on The Senate Committee on Govern- By Ms. MURKOWSKI (for herself, Mr. Commerce, Science, and Transportation, mental Affairs was discharged from CAMPBELL, and Mr. INOUYE): without amendment: further consideration of the following S. Res. 468. A resolution designating No- vember 7, 2004, as ‘‘National Native Amer- S. 480. A bill to provide competitive grants nomination and the nomination was for training court reporters and closed ican Veterans Day’’ to honor the service of captioners to meet requirements for placed on the Executive Calendar: Native Americans in the United States realtime writers under the Telecommuni- Gregory E. Jackson, of the District of Co- Armed Forces and the contribution of Native cations Act of 1996, and for other purposes lumbia, to be an Associate Judge of the Su- Americans to the defense of the United (Rept. No. 108–399). perior Court of the District of Columbia for States; to the Committee on the Judiciary. S. 2280. A bill to establish a coordinated the term of fifteen years. By Mr. HARKIN: national ocean exploration program within The Senate Committee on Finance S. Con. Res. 144. A concurrent resolution to the National Oceanic and Atmospheric Ad- was discharged from further consider- correct the enrollment of H.R. 4837; consid- ministration (Rept. No. 108–400). ation of the following nomination and ered and agreed to. S. 2488. A bill to establish a program with- the nomination was placed on the Ex- f in the National Oceanic and Atmospheric Administration and the United States Coast ecutive Calendar: ADDITIONAL COSPONSORS Guard to help identify, assess, reduce, and Anna Escobedo Cabral, of Virginia, to be S. 168 Treasurer of the United States. prevent marine debris and its adverse im- At the request of Mrs. FEINSTEIN, the pacts on the marine environment and navi- f name of the Senator from Connecticut gation safety, in coordination with non-Fed- (Mr. DODD) was added as a cosponsor of eral entities, and for other purposes (Rept. INTRODUCTION OF BILLS AND No. 108–401). JOINT RESOLUTIONS S. 168, a bill to require the Secretary of By Mr. McCAIN, from the Committee on The following bills and joint resolu- the Treasury to mint coins in com- Commerce, Science, and Transportation, tions were introduced, read the first memoration of the San Francisco Old with an amendment in the nature of a sub- and second times by unanimous con- Mint. stitute: sent, and referred as indicated: S. 989 S. 2489. A bill to establish a program with- At the request of Mr. REID, the name in the National Oceanic and Atmospheric By Mr. HATCH (for himself, Mr. LEVIN, of the Senator from Montana (Mr. BAU- Administration to integrate Federal coastal Mr. BIDEN, and Mr. KENNEDY): and ocean mapping activities (Rept. No. 108– S. 2976. A bill to amend the Controlled Sub- CUS) was added as a cosponsor of S. 989, 402). stances Act to life the patient limitation on a bill to provide death and disability prescribing drug addiction treatments by f benefits for aerial firefighters who medical practitioners in group practices, and work on a contract basis for a public DISCHARGED NOMINATIONS for other purposes; considered and passed. agency and suffer death or disability in By Ms. LANDRIEU: the line of duty, and for other pur- The Senate Committee on Health, S. 2977. A bill to establish the Office of Education, Labor, and Pensions was Community Justice Services within the De- poses. discharged from further consideration partment of Justice, and for other purposes; S. 2437 of the following nominations and the to the Committee on the Judiciary. At the request of Mr. NELSON of Flor- nominations were confirmed: By Mr. REID (for himself, Mr. NELSON ida, his name was added as a cosponsor Public Health Service nominations begin- of Nebraska, Mr. BAUCUS, Mr. BURNS, of S. 2437, a bill to amend the Help ning with Timothy D. Mastro and ending Mr. STEVENS, and Mr. ENSIGN): America Vote Act of 2002 to require a with Anthony A. Walker, which nominations S. 2978. A bill relating to State regulation voter-verified permanent record or of access to hunting and fishing; to the Com- were received by the Senate and appeared in hardcopy under title III of such Act, the Congressional Record on July 19, 2004. mittee on the Judiciary. By Mr. HATCH (for himself and Mr. and for other purposes. The Senate Committee on Health, LEAHY): S. 2571 Education, Labor, and Pensions was S. 2979. A bill to amend title 5, United At the request of Ms. MURKOWSKI, her discharged from further consideration States Code, to authorize appropriations for name was added as a cosponsor of S. of the following nominations and the the Administrative conference of the United 2571, a bill to clarify the loan guar- nominations were placed on the Execu- States for fiscal years 2005, 2006, and 2007, antee authority under title VI of the tive Calendar: and for other purposes; considered and passed. Native American Housing Assistance Milton Aponte, of Florida, to be a Member and Self-Determination Act of 1996. f of the National Council on Disability for a S. 2858 term expiring September 17, 2006. SUBMISSION OF CONCURRENT AND At the request of Mr. GREGG, the Dan Arvizu, of Colordo, to be a Member of SENATE RESOLUTIONS the National Science Board, National name of the Senator from Alaska (Ms. Science Foundation for a term expiring May The following concurrent resolutions MURKOWSKI) was added as a cosponsor 10, 2010. and Senate resolutions were read, and of S. 2858, a bill to amend the Internal Steven C. Beering, of Indiana, to be a Mem- referred (or acted upon), as indicated: Revenue Code of 1986 to clarify the ber of the National Science Board, National By Mrs. BOXER: proper treatment of differential wage Science Foundation for a term expiring May S. Res. 464. A resolution relating to refund- payments made to employees called to 10, 2010. able tax credits for municipalities; consid- active duty in the uniformed services, Gerald Wayne Clough, of Georgia, to be a ered and agreed to. and for other purposes. Member of the National Science Board, Na- By Mr. HARKIN: S. CON. RES. 136 tional Science Foundation for a term expir- S. Res. 465. A resolution to instruct con- ing May 10, 2010. ferees to the Agriculture, Rural Develop- At the request of Mr. CONRAD, the Kelvin Kay Droegemeier, of Oklahoma, to ment, Food and Drug Administration, and name of the Senator from Kansas (Mr. be a Member of the National Science Board, related agencies appropriations bill, 2005 or ROBERTS) was added as a cosponsor of National Science Foundation for a term ex- on a consolidated appropriations measure S. Con. Res. 136, a concurrent resolu- piring May 10, 2010. that includes the substance of that act; con- tion honoring and memorializing the Louis J. Lanzerotti, of New Jersey, to be a sidered and agreed to. passengers and crew of United Airlines Member of the National Science Board, Na- By Mr. MCCAIN: Flight 93. tional Science Foundation for a term expir- S. Res. 466. A resolution celebrating the ing May 10, 2010. anniversaries of the International Polar S. RES. 458 Alan I. Leshner, of Maryland, to be a Mem- Years (1882–1883 and 1932–1933) and Inter- At the request of Mr. INHOFE, his ber of the National Science Board, National national Geophysical Year (1957–1958) and name was added as a cosponsor of S. Science Foundation for a term expiring May supporting a continuation of this inter- Res. 458, a resolution congratulating 10, 2010. national science year tradition in 2007–2008; the SpaceShipOne team for achieving a Jon C. Strauss, of California, to be a Mem- considered and agreed to. historic milestone in human space ber of the National Science Board, National By Mr. HATCH (for himself and Mrs. flight. Science Foundation for a term expiring May FEINSTEIN): 10, 2010. S. Res. 467. A resolution extending birth- f Kathryn D. Sullivan, of Ohio, to be a Mem- day greetings to Joseph Barbera on the occa- STATEMENTS ON INTRODUCED ber of the National Science Board, National sion of his 100th birthday and designating BILLS AND JOINT RESOLUTIONS Science Foundation for a term expiring May March 2005 as ‘‘Animated Family Entertain- 10, 2010. ment Month’’; considered and agreed to. By Ms. LANDRIEU:

VerDate Aug 04 2004 02:34 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.116 S11PT1 S11306 CONGRESSIONAL RECORD — SENATE October 11, 2004 S. 2977. A bill to establish the Office If you cannot use a map or read a bus and communities develop comprehen- of Community Justice Services within schedule, you will not be able to find sive reentry strategies to turn felons the Department of Justice, and for your way to an office in an unfamiliar into productive citizens. Funding other purposes; to the Committee on part of town to interview for a entry would be available to State and local the Judiciary. level job as a file clerk. If you cannot corrections and offender supervision Ms. LANDRIEU. Mr. President, ev- explain a billing error to someone, you agencies to a range of services includ- eryday more than 1,600 prisoners are will not be able to get a job in cus- ing substance abuse treatment, basic released from jail and head back to the tomer service. There are basic-skilled education programs, job skills train- streets of America’s neighborhoods and jobs that do not require a college edu- ing, civic education, mentoring serv- communities. That is more than 600,000 cation available for ex-offenders. But ices, and family counseling services. each year. When they get out, they are too many of our offenders lack the The bill encourages these govern- often get sent back to same neighbor- basic skills to get these jobs and if peo- mental agencies to partner with local hoods where they got into trouble in ple are not working, they are more non-profits, community organizations, the first place and more than two- likely to get into trouble. and faith-based organizations to de- thirds of them return to a life of crime. Studies have shown that unemploy- liver these services to offenders both in This problem could get worse, if we ment contributes to criminal conduct. and out of jail. don’t take action. We have the largest The New York State Department of This legislation will also help the prison population than at any other Labor found that 80 percent of offend- families of offenders when an offender time in our history. Two million people ers who violated probation or parole returns home. Some 1.5 million chil- are behind bars, the result of tougher were unemployed. dren had a parent in a State or Federal penalties, particularly for drug of- To make matters worse, many States prison in 1999 and 7 million children fenses, and ‘‘three-strikes and you’re exclude felons from holding certain have a parent under some form of cor- out laws’’ in many States. While the kinds of jobs and obtaining profes- rectional supervision. These children worst offenders will stay behind bars sional licenses. A felon might not be are seven times more likely to end up indefinitely, 95 percent of people in jail able to get a cosmetology license or in the criminal justice system. The re- will get out at some point in time, ei- certain kinds of drivers’ licenses. They turn of an offender to the home can ther on parole, or after completing may also be denied housing assistance also produce a great deal of family their sentences. and certain kinds of welfare benefits; 15 The challenge for us and our commu- strife. The adjustment can be very dif- to 27 percent of released inmates ex- nities is clear: we must find a way to ficult. An unstable home environment pect to go to homeless shelters when successfully integrate offenders back only helps to foster criminal behavior. they get out. My legislation will help corrections into society after they get out of pris- These statistics make it clear why so agencies institute family programs to on. The task is daunting. Many offend- many of our ex-offenders end up back help keep families close while a parent ers face a unique set of personal chal- in trouble with the law. Untreated sub- is incarcerated. Prisons and jails would lenges, legal restrictions, and social stance abuse problems, poor education barriers that make the transition to be able to improve family visitation fa- and job skills, and homelessness work productive citizenship extremely dif- cilities, provide reduced cost phone to sap offenders of their drive, ambi- ficult for them. service so that inmates can keep in Substance abuse is the most common tion, and hope. Crime seems like the touch with their families, or develop problem. Eighty percent of all offend- only option for ex-offenders and they other innovative programs to keep ers abuse drugs and alcohol, or were return to a life of crime 67 percent of family in the lives of offenders. Parole under the influence of drugs and alco- the time. and probation agencies can work with hol when they committed their crimes. Recidivism has its costs. Crime has family support agencies and other gov- Only about 13 percent of them receive devastating affects on the neighbor- ernment agencies to provide a range of treatment while they are in prison, ac- hoods that see the most criminal activ- services so that families can success- cording to the Office of National Drug ity. Housing an inmate for one year fully adjust to having an offender back Control Policy. Spending for in-prison costs State prison systems $21,000 and home. substance abuse programs has been cut costs the Federal system $25,000 per The experts are just beginning to ex- so that States and localities can devote year. But the victims pay the biggest amine the important role family serv- more funding for housing the increased costs in pain, suffering, and fear. ices can play in reducing recidivism. number of prisoners in their correc- I believe that we can do better than One study found that prisoners with no tions systems. a 67 percent recidivism rate and we can visitors were six times more likely to Drug addicted offenders face even reduce the amount of pain inflicted on re-enter prison within the first year of bigger challenges when they get out. victims if we invest in programs that parole than those with three or more Corrections agencies are often required help offenders get over the barriers and visitors. to return prisoners to the place where the personal difficulties that keep A variety of family integration pro- they were convicted. That means re- them from becoming productive citi- grams for offenders have also shown leased offenders get sent back to eco- zens. Research shows that these kinds great promise. The La Bodega de la nomically distressed neighborhoods of programs can help prepare offenders Familia program in New York City and where drugs are plentiful, but hope is for life outside of prison. According to the Michigan Department of not. These men and women go back to one U.S. Department of Education Corrections’s Project SEEK have pro- face the same temptations and demons study, participation in correctional vo- duced terrific outcomes, reducing drug that led to their addictions and their cational and education programs re- use and violent behavior by children. criminal conduct. Resources for treat- duces recidivism by 29 percent in State These programs offer an array of serv- ment in these communities are prisoners and 33 percent for Federal ices to offenders in addition to family stretched thin and a lot of former in- prisoners. Substance abuse treatment counseling. They serve as focal point mates cannot get help. programs can cut drug use in half and for offenders to get substance abuse Another important barrier to success reduce recidivism by 20 percent. In fact counseling, job training, and edu- as a citizen is poor education. Offend- every dollar invested in substance cation. We need more programs like ers are more than twice as likely to abuse programs saves taxpayers $7.46 in this and my legislation will make that have not graduated from high school other government and social costs ac- possible. than the general population. One study cording to the Bureau of Justice Sta- We also need to do more to make of- found that one-third of inmates could tistics. fenders understand not only the re- not find an intersection on a map; the Today, I am introducing the Pro- sponsibilities of citizenship, but also same percentage could not explain a tecting Our Communities by Making its benefits. Certain offenders can be billing error or place information on an Returning Offenders Better Citizens denied the right to vote, public housing automobile maintenance form; and Act of 2004. This legislation will estab- benefits, some welfare benefits, and only one in 20 could figure out what lish a $1.5 billion grant program at the they are legally barred from certain bus to take from using a schedule. Department of Justice to help States kinds of employment. What they often

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00116 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.144 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11307 do not know, however, is that they can Sec. 102. National Offender Reentry Initia- crease the employment of offenders and re- get these rights back under certain cir- tive Clearinghouse. duce recidivism. cumstances. While we make offenders TITLE II—GRANT PROGRAMS (12) Drug and alcohol abuse is a persistent well aware of what civic rights and Sec. 201. Reentry preparation grants. concern at every stage of the criminal jus- Sec. 202. Transition to community grants. tice process. Eighty-one percent of State benefits they are denied when they get prisoners, 81 percent of Federal prisoners, released, they do not receive informa- Sec. 203. Community-based supervision and support grants. and 77 percent of local jail inmates have al- tion on how they can get those rights Sec. 204. Administrative provisions. cohol and drug abuse problems, or were back. TITLE III—CIVIC EDUCATION FOR under the influence of alcohol or drugs when In order to qualify for a grant, grant- REENTERING FEDERAL PRISONERS they committed their offenses. However, ees must provide offenders with infor- only 13 percent of these inmates receive drug Sec. 301. Civic education for reentering Fed- and alcohol treatment while they are incar- mation on how they can restore their eral prisoners. voting rights and any other rights or cerated according to the Office of National TITLE IV—GRANTS FOR RESEARCH, Drug Control Policy. benefits denied them because of their TRAINING, AND TECHNICAL ASSISTANCE criminal records. States will not have (13) Substance abuse treatment has been Sec. 401. Grants for research, training, and proven to reduce drug use, recidivism, unem- to change any laws to meet this re- technical assistance. ployment, and homelessness, according to quirement, they are only required to TITLE V—AUTHORIZATION OF several studies, and every dollar invested in provide information to offenders. I be- APPROPRIATIONS substance abuse treatment saves taxpayers lieve that this will send a powerful Sec. 501. Authorization of appropriations. $7.46 in other social costs. (14) Many offenders are released back into message to released offenders that we SEC. 2. FINDINGS. the community without having a place to want them to become full participants Congress finds the following: call home. Several studies have found that in our democracy despite their past (1) More than 2,000,000 people are incarcer- many prisoners expect to go to homeless mistakes. I believe providing informa- ated in Federal or State prisons and local shelters upon release. jails in the United States. tion on how to restore their rights can (15) A number of barriers exist to offenders help motivate offenders to follow a dif- (2) Of the individuals now in prison, 97 per- getting adequate shelter upon release. Most ferent path and underscores our will- cent will eventually be released back into offenders do not have enough money at the ingness to give them another chance. American communities. More than 630,000 of time of release to rent an apartment and Our communities have done a terrific these inmates are released into the Nation’s landlords typically are reluctant to rent to job protecting the public. The crime communities every year. former offenders. Some ex-offenders are pro- rate has fallen 55 percent over the last (3) The Bureau of Justice Statistics has hibited from living in public housing because found that 67.5 percent of prisoners released decade, the lowest level in 30 years. of their criminal records. from incarceration in 1994 were rearrested (16) The Bureau of Justice Statistics esti- They have succeeded through hard within 3 years. work and the investment of the Fed- mates that 1,500,000 children in the United (4) Many of the men and women who will States had a parent in a Federal or State eral Government in local law enforce- leave prison and jail each year have a vari- prison in 1999. In addition, over 7,000,000 chil- ment. We passed tougher criminal pen- ety of substance abuse disorders, low levels dren have a parent under some sort of cor- alties, provided funding for equipment of education and job training, face signifi- rectional supervision. and technology, and put 100,000 com- cant barriers to employment, and lack hous- (17) Children of incarcerated parents face munity policing officers on the streets. ing upon their release. social stigma because of their parents’ crimi- Keeping our streets safe is a constant (5) Felony convictions can also disqualify nal status. This can cause problems in battle that is far from over. These released offenders from voting and other school, low self-esteem, aggressive behavior, rights. Under some State laws, these dis- and other emotional dysfunction. criminals are coming back. Some will qualifications can be permanent. While be ready for the challenges of citizen- (18) The reunification of ex-offenders and many States allow for the restoration of vot- their families can cause family stress. In ship, many will not. The Federal Gov- ing and civic rights to ex-offenders, this in- some cases, the ex-offender is not welcome in ernment can help again by providing formation is not routinely given to ex-of- the home and many ex-offenders have dif- the right resources to corrections and fenders upon their release. ficulty readjusting to family life. our parole and probation agencies. (6) Returning offenders have significant (19) Studies show that ex-offenders adjust President Bush announced his support educational needs. Fewer than one-half of re- better to family life when their families re- for a $300 million initiative to help of- leased prisoners have a high school edu- ceive comprehensive support services. These fenders with job training, transitional cation. Studies have found that approxi- services can also reduce juvenile delin- housing, and mentoring with faith- mately one-third of prisoners cannot locate quency, antisocial behavior, and recidivism an intersection on a street map; one-third based organizations. The President’s rates. cannot explain in writing a billing error; and SEC. 3. DEFINITIONS. program was an excellent start. The only 1 in 20 can determine which bus to take In this Act, the following definitions shall Protecting Our Communities by Mak- from a schedule. apply: ing Returning Offenders Better Citi- (7) State and local governments have not (1) DIRECTOR.—The term ‘‘Director’’ means zens Act will build on this so that been able to maintain prison education pro- the Director of the Office of Community Jus- every offender gets a second chance to grams in the face of a prison population that tice Services of the Department of Justice, turn themselves from felons into fellow has doubled in the past decade. As a result, as established under section 101. citizens. I urge my colleagues to sup- according to the National Institute for Lit- (2) NONGOVERNMENTAL ENTITIES.—The term port this legislation. eracy, the percentage of prisoners partici- ‘‘nongovernmental entities’’ means any non- I ask unanimous consent that the pating in correctional education programs is profit organizations, community corrections declining. organizations, faith-based organizations, so- text of the bill be printed in the (8) The United States Department of Edu- cial service organizations, behavioral RECORD. cation found that participation in correc- healthcare agencies, neighborhood or com- There being no objection, the bill was tional education programs lowers the likeli- munity-based organizations, and other enti- ordered to be printed in the RECORD, as hood of reincarceration by 29 percent, and ties that are not part of a State or local gov- follows: the Federal Bureau of Prisons found a 33 per- ernment. Be it enacted by the Senate and House of Rep- cent drop in recidivism among Federal pris- (3) PROVEN EFFECTIVENESS.—The term resentatives of the United States of America in oners who participate in vocational and ap- ‘‘proven effectiveness’’ means that a pro- Congress assembled, prenticeship training. gram, project, approach, or practice has been SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (9) According to the National Institute of shown by a credible analysis of performance (a) SHORT TITLE.—This Act may be cited as Justice, 60 percent of formerly incarcerated and results to make a significant contribu- the ‘‘Protecting Our Communities by Mak- individuals are unemployed after 1 year of tion to the accomplishment of the objectives ing Returning Offenders Better Citizens Act release. Unemployment can contribute to for which it is undertaken, or to have a sig- of 2004’’. the likelihood of repeating criminal conduct. nificant effect in improving the conditions (b) TABLE OF CONTENTS.—The table of con- (10) Formerly incarcerated individuals face identified with the problem to which it is ad- tents of this Act is as follows: unique barriers in the job market. They may dressed. Sec. 1. Short title; table of contents. be legally disqualified from certain types of (4) STATE OR LOCAL CORRECTIONS AGEN- Sec. 2. Findings. employment and barred by law from obtain- CIES.—The term ‘‘State or local corrections Sec. 3. Definitions. ing professional licenses in fields such as agencies’’ means the responsible agencies for TITLE I—OFFICE OF COMMUNITY cosmetology, transportation, and home the imprisonment or incarceration of offend- JUSTICE SERVICES health care. ers, or community corrections supervision, Sec. 101. Establishment of Office of Commu- (11) Research has found that job training in any State of the United States, the Dis- nity Justice Services. and placement programs for ex-offenders in- trict of Columbia, the Commonwealth of

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00117 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.146 S11PT1 S11308 CONGRESSIONAL RECORD — SENATE October 11, 2004 Puerto Rico, the Virgin Islands, American grant under this section if the organization tate the reentry of such persons into the Samoa, Guam, Indian tribal governments, has experience in providing technical assist- community, in accordance with the require- and the Northern Mariana Islands, or any po- ance, training, and research on offender re- ments of this section. litical subdivision thereof that performs cor- entry programs for States, units of local gov- (b) USE OF FUNDS.—Grants awarded under rections functions, including any agency of ernment, corrections agencies, and parole subsection (a) shall be used for— the Federal Government that performs cor- and probation agencies. (1) education programs, such as high school rections functions for the District of Colum- (e) AUTHORIZATION OF APPROPRIATIONS.— equivalency degrees, basic literacy training, bia, or any trust territory of the United There are authorized to be appropriated such civic education, and educational diagnostic States. sums as may be necessary for fiscal years services; (5) STATE OR LOCAL PAROLE OR PROBATION 2005 through 2009 to carry out the provisions (2) mentoring programs; AGENCIES.—The term ‘‘State or local parole of this section. (3) life skills training, including family or probation agencies’’ means the respon- TITLE II—GRANT PROGRAMS support services; sible agencies for determining or supervising (4) mental health and substance abuse as- SEC. 201. REENTRY PREPARATION GRANTS. early release of reentering offenders or the sessment and treatment programs, including (a) IN GENERAL.—The Director shall award supervision of reentering offenders in any aftercare programs, intensive case manage- grants, for a term of not more than 5 years, State of the United States, the District of ment, and anger management programs; to State or local corrections agencies to pro- Columbia, the Commonwealth of Puerto (5) job and vocational skills training, in- vide services to incarcerated persons, in ac- Rico, the Virgin Islands, American Samoa, cluding paid work experience programs; cordance with the requirements of this sec- Guam, Indian tribal governments, and the (6) information programs that meet the re- tion. Northern Mariana Islands, or any political quirements of subsection (e); and (b) USE OF FUNDS.—Grant funds awarded (7) such other services and programs that subdivision thereof that performs parole or under subsection (a) may be used for— are part of a comprehensive offender reentry probation functions, including any agency of (1) education programs, such as high school plan designed to assist incarcerated persons the Federal Government that performs these equivalency degrees, basic literacy training, or reentering offenders in reentering the functions for the District of Columbia, or civic education, and educational diagnostic community. any trust territory of the United States. services for incarcerated persons; (c) PARTNERSHIP APPLICATIONS.—Each ap- TITLE I—OFFICE OF COMMUNITY JUSTICE (2) mental health and substance abuse as- SERVICES plicant for a grant under this section may sessment and treatment programs, including apply for such grant in cooperation with, or SEC. 101. ESTABLISHMENT OF OFFICE OF COM- anger management programs, for incarcer- MUNITY JUSTICE SERVICES. contract with upon receiving a grant, any ated persons; nongovernmental entities to develop or pro- (a) IN GENERAL.—There is established with- (3) job and vocational skills training for in- in the Department of Justice the Office of vide innovative approaches to the services carcerated persons; described under paragraphs (1) through (5) of Community Justice Services, which shall be (4) mentoring programs for incarcerated headed by a Director appointed by the Attor- subsection (b). persons; (d) PRIORITY.—Priority in the award of ney General from among persons who have (5) programs, services, and the construc- experience in corrections, parole, probation, grants shall be given to those State or local tion of facilities to promote healthy family correctional agencies, or State or local pa- or related matters, or in providing transi- bonds, such as family counseling centers and tional services to offenders who are return- role or probation agencies that propose part- services, telecommunications services for in- nership applications as described under sub- ing to their home communities. carcerated parents to communicate with (b) DUTIES.—The Director shall— section (c) to develop innovative strategies, their children, and family friendly visiting (1) develop and administer programs for as determined by the Director, to deliver the areas; grants to State or local corrections agencies, services described under paragraphs (1) (6) information programs that meet the re- State or local parole and probation agencies, through (5) of subsection (b). quirements of subsection (e); and community corrections agencies, and non- (e) INFORMATION.—Each recipient of a (7) any other program or service that is governmental entities in accordance with grant under this section shall provide each part of a comprehensive offender reentry this Act, for the purposes of preparing incar- incarcerated person or reentering offender plan designed to prepare incarcerated per- cerated persons for reentry into the commu- with written information, in plain and sim- sons for their future return to the commu- nity, or to assist reentering offenders in ple wording, on how that person can re- nity-at-large. their transition back into the community; store— (c) PARTNERSHIP APPLICATIONS.—Each and (1) voting rights within the State in which State or local corrections agency may apply (2) make grants to nongovernmental enti- the person will be released; and for a grant in cooperation with, or contract ties that have experience and expertise in (2) any other civil or civic rights or public with upon receiving a grant under this sec- providing such services. benefits denied to the incarcerated person tion, nonprofit organizations, faith-based or- under the law of the State due to their sta- SEC. 102. NATIONAL OFFENDER REENTRY INITIA- ganizations, and nongovernmental entities TIVE CLEARINGHOUSE. tus as an offender. to develop and provide innovative ap- (a) GRANT AUTHORIZED.— SEC. 203. COMMUNITY-BASED SUPERVISION AND proaches that will allow incarcerated per- SUPPORT GRANTS. (1) IN GENERAL.—The Director of the Office sons access to the services described under of Community Justice Services may award a (a) IN GENERAL.—The Director shall award paragraphs (1) through (6) of subsection (b). grant to an eligible organization to establish grants, for a term of not more than 5 years, (d) PRIORITY.—Priority in the award of a National Offender Reentry Initiative Clear- to State or local parole and probation agen- grants shall be given to those State or local inghouse. cies to provide reentering offenders with correctional agencies that propose partner- services to help such reentering offenders (2) DURATION.—The grant awarded under ship applications as described under sub- paragraph (1) shall be for a period not to ex- with their transition into the community. section (c) to develop innovative strategies, (b) USE OF FUNDS.—Grant funds awarded ceed 5 years. as determined by the Director, to deliver the under this section may be used for— (b) USE OF FUNDS.—The grant awarded under subsection (a) may be used— services described under paragraphs (1) (1) the development or support of parole (1) for education, training, and technical through (6) of subsection (b). and probation programs designed to increase (e) INFORMATION.—Each State corrections assistance on offender reentry for States, coordination between parole officers and so- agency, or State parole or probation agency, units of local government, corrections agen- cial service providers; receiving a grant under this section shall cies, parole and probation agencies, and non- (2) the establishment of parole and proba- provide each incarcerated person with writ- governmental entities; tion offices located within areas in which a ten information, in plain and simple word- (2) to collect data on best practices from substantial number of incarcerated persons ing, on how that person can restore— entities receiving a grant under this Act, and shall live; (1) voting rights within the State in which from other agencies and organizations; (3) the development of joint parole, proba- the person will be released; and (3) to disseminate best practices to States, tion, and local law enforcement monitoring (2) any other civil or civic rights or public units of local government, corrections agen- programs; benefits denied to the incarcerated person cies, parole and probation agencies, and non- (4) the provision of comprehensive family under the law of the State due to their sta- governmental entities; and case management services to assist families tus as an offender. (4) to assist State and units of local gov- of reentering offenders; ernment to identify barriers to successful of- SEC. 202. TRANSITION TO COMMUNITY GRANTS. (5) the funding of research and analysis de- fender reentry. (a) IN GENERAL.—The Director shall award signed to allow State parole and probation (c) APPLICATION.—Each eligible organiza- grants, for a term of not more than 5 years, agencies to identify and determine which lo- tion desiring the grant under this section to consortiums of State or local correctional cations and neighborhoods see the largest shall submit an application to the Director agencies, and State or local parole or proba- number of reentering offenders establishing at such time, in such manner, and con- tion agencies, for the purposes of providing residency; taining such information as the Director services to incarcerated persons, who have (6) the development of programs that en- may reasonably require. not more than 1 year remaining of their sen- courage collaboration between parole and (d) ELIGIBLE ORGANIZATIONS.—A national tence, or released offenders, not later than 18 probation agencies, and job training pro- nonprofit organization may apply for the months after being released, that will facili- grams that serve people with criminal

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00118 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.129 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11309 records, including transitional jobs pro- (B) allow State task forces to conduct an (2) $150,000,000 for fiscal year 2006; grams; analysis of existing State statutory, regu- (3) $325,000,000 for fiscal year 2007; (7) the development of geographic-based latory, and practice-based hurdles to the re- (4) $450,000,000 for fiscal year 2008; and caseload management systems by State pa- integration of a prisoner into the community (5) $500,000,000 for fiscal year 2009. role and probation agencies for monitoring that— reentering offenders; (i) takes particular note of laws, regula- By Mr. REID (for himself, Mr. (8) information programs that meet the re- tions, rules, and practices that disqualify NELSON of Nebraska, Mr. BAU- quirements of subsection (f); and people with criminal records from obtaining CUS, Mr. BURNS, Mr. STEVENS, (9) services and programs that have proven drivers licenses, professional licenses, or and Mr. ENSIGN): effectiveness in helping reentering offenders other requirements necessary for certain S. 2978. A bill relating to State regu- transition back into life in the community, types of employment, and that hinder full including transitional housing and mental civic participation; and lation of access to hunting and fishing; health and substance abuse treatment serv- (ii) identifies and recommends for repeal or to the Committee on the Judiciary. ices offered as part of a comprehensive of- modification those laws, regulations, rules, Mr. REID. Mr. President, the legisla- fender reentry plan. or practices that do not demonstrate a ra- tion I am introducing today explicitly (c) PARTNERSHIP APPLICATIONS.—A State or tional connection between the existing stat- reaffirms each State’s right to regulate local parole or probation agency applying for utory or regulatory prohibition, the type of hunting and fishing. a grant under this section may, in order to conviction, and the risk that the individual I am pleased that Senators BEN NEL- carry out the purposes of this section, con- may pose to the community. SON, CONRAD BURNS, and TED STEVENS tract or partner with— (3) APPLICATION.—Any State or local cor- are joining me in sponsoring this im- (1) nongovernmental entities with exper- rectional agency or State or local parole or tise in services that can assist reentering of- probation agency wishing to receive a grant portant bill. fenders in relocating into a community and under paragraph (1) shall submit to the Di- This is a Nevada issue, but it is also their families; and rector an application setting forth a descrip- a national issue, as a recent Federal (2) State and local government agencies tion of the planned demonstration program. circuit court ruling undermines tradi- that administer programs or provide services The Director shall establish guidelines for tional hunting and fishing laws. to released offenders, such as child welfare, assessing such applications. In Conservation Force v. Dennis workforce development agencies, and com- (d) SUBMISSION OF INFORMATION.—Prior to Manning, the Ninth Circuit Court of munity corrections agencies. the distribution of grant funds under section Appeals ruled that State laws that dis- (d) PRIORITY.—Priority in the award of 201, 202, or 203, each State shall submit to the tinguish between State residents and grants shall be given to those State or local Director a description of the activities to be parole or probation agencies that propose carried out using such grant funds. non-residents for the purpose of afford- partnership applications as described under (e) NONSUPPLANTING REQUIREMENT.—Funds ing hunting and related privileges are subsection (c) to develop innovative strate- made available under this title shall not be constitutionally suspect. gies, as determined by the Director, to de- used to supplant State or local funds, but This threatens the conservation of liver the services described under paragraphs shall be used to increase the amount of funds wildlife resources and recreational op- (1) through (7) of subsection (b). that would, in the absence of Federal funds portunities. (e) LIMITATION.—To receive a grant under received under this title, be made available Although the Ninth Circuit found the this section, each State parole and probation from State or local sources. agency shall demonstrate coordination with purposes of such regulation to be (f) PERFORMANCE EVALUATIONS.—Selected sound, the Court questioned the valid- Federal or State corrections officials in de- grant recipients shall be evaluated pursuant termining where reentering offenders shall to guidelines established by the Director. ity of tag limits for non-resident hunt- be released. (g) REVOCATION OR SUSPENSION OF FUND- ers. (f) INFORMATION.—Each recipient of a grant ING.—If the Director determines that a grant I respect the authority of States to under this section shall provide each reen- recipient under this title is not in substan- enact laws to protect their legitimate tering offender with written information, in tial compliance with the terms and require- plain and simple wording, on how that per- interests in conserving fish and game, ments of an approved grant application sub- son can restore— as well as providing opportunities for mitted under this title, the Director may re- (1) voting rights within the State in which State residents to hunt and fish. voke or suspend funding of that grant, in the person is being released; and That’s what this legislation says—we whole or in part. (2) any other civil or civic rights or public respect that State right. benefits denied to the reentering offender TITLE III—CIVIC EDUCATION FOR Sportsmen are ardent conservation- under the law of the State due to their sta- REENTERING FEDERAL PRISONERS ists. They support wildlife conserva- tus as an offender. SEC. 301. CIVIC EDUCATION FOR REENTERING tion not only through the payment of FEDERAL PRISONERS. SEC. 204. ADMINISTRATIVE PROVISIONS. State and local taxes and other fees, (a) APPORTIONMENT OF GRANT FUNDING.—Of (a) IN GENERAL.—Not later than 3 months the amounts appropriated to carry out the after the date of enactment of this Act, the but also through local non-profit con- purposes of this Act— Bureau of Prisons of the Department of Jus- servation efforts and by volunteering (1) not less than 70 percent shall be made tice shall provide each reentering offender their time. available to carry out the purposes of sec- released from Federal prisons information on For example, in Nevada there are tions 201, 202, and 203; and how the reentering offender can restore vot- great groups such as Nevada Bighorns (2) up to 30 percent shall be made available ing rights, and other civil or civic rights, de- Unlimited and the Fraternity of Desert to carry out the purposes of subsection (c). nied to the reentering offender based upon Bighorn. These are dedicated sports- (b) MATCHING FUNDS.— their offender status in the State to which men who spend countless hours, as well (1) IN GENERAL.—The Federal share of any that reentering offender shall be returning. program, project, or activity funded by a (b) PUBLICATION.—The information re- as money, building ‘‘guzzlers’’ in the grant made under section 201, 202, or 203 shall quired under subsection (a) shall be provided desert, which help provide a reliable not exceed 75 percent of the total cost of to each reentering offender in writing, and in source of water for Desert Bighorn such program, project, or activity. a language that the reentering offender can Sheep. (2) WAIVER.—The Attorney General may, in understand. Without these efforts it would be ex- the sole discretion of the Attorney General, TITLE IV—GRANTS FOR RESEARCH, tremely hard for the Bighorn Sheep to waive the requirements of paragraph (1) in TRAINING, AND TECHNICAL ASSISTANCE survive, because many areas of their whole or in part. SEC. 401. GRANTS FOR RESEARCH, TRAINING, natural habitat where they used to ISCRETIONARY RANTS (c) D G .— AND TECHNICAL ASSISTANCE. (1) IN GENERAL.—The Director shall award drink water have been developed. Up to 5 percent of the funds made available grants, for a term of not more than 5 years, Today, Southern Nevada is in the 5th under this Act may be used for research, on a competitive basis, to State or local cor- year of a 500 year drought, and the technical assistance, and training carried rectional agencies, State or local parole or work of the groups I mentioned is sav- out or commissioned by the Attorney Gen- probation agencies, and nongovernmental eral in furtherance of the purposes of this ing the lives of hundreds of bighorns. entities for community protection programs. Act. The involvement of local sportsmen (2) USE OF FUNDS.—Grant funds awarded TITLE V—AUTHORIZATION OF in protecting and conserving wildlife is under paragraph (1) shall be used to— one of the facts that justifies tradi- (A) fund multiyear demonstration pro- APPROPRIATIONS tional resident/non-resident distinc- grams designed to reduce recidivism and pa- SEC. 501. AUTHORIZATION OF APPROPRIATIONS. role violations, and the recipients of a grant There are authorized to be appropriated to tions, and provides the motivation for may contract with organizations to conduct carry out the purposes of titles II and III of our legislation. any necessary research with respect to the this Act— The regulation of wildlife is tradi- program; and (1) $75,000,000 for fiscal year 2005; tionally within a State’s purview, and

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00119 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.129 S11PT1 S11310 CONGRESSIONAL RECORD — SENATE October 11, 2004 this legislation simply affirms the tra- for closing the pay gap for first responders tire continent to cooperative scientific study ditional role of States in the regulation who are called to active duty in the National through the Antarctica Treaty and the inau- of fish and game. Guard and Reserves by considering expand- guration of the global space age through the This bill is time sensitive. ing the employer tax relief provisions to launching of Sputnik and Vanguard; cover state and local governments; and This bill needs to pass before next Whereas International Geophysical Year 2. The President should consider including cooperation continues as the model and in- year’s hunting season begins. such a proposal in his Fiscal Year 2006 Budg- spiration for contemporary world science I look forward to working with my et Submission. and provides a bridge between peoples of the colleagues to expedite passage of this world that has demonstrated the ability to important legislation. SENATE RESOLUTION 465—TO IN- transcend political differences; I ask unanimous consent that the STRUCT CONFEREES TO THE AG- Whereas it also would be appropriate to text of the bill be printed in the RICULTURE, RURAL DEVELOP- use the international science year format to RECORD. MENT, FOOD AND DRUG ADMIN- expand the scope of past years to encompass There being no objection, the bill was ISTRATION, AND RELATED a broad range of disciplines and to recognize interdisciplinary research that incorporates ordered to be printed in the RECORD, as AGENCIES APPROPRIATIONS follows: the physical and social sciences and the hu- BILL, 2005 OR ON A CONSOLI- manities in enriching understanding of di- S. 2978 DATED APPROPRIATIONS MEAS- verse life on Earth; Be it enacted by the Senate and House of Rep- URE THAT INCLUDES THE SUB- Whereas the 35th anniversary of the Inter- resentatives of the United States of America in STANCES OF THAT ACT national Geophysical Year was commemo- Congress assembled, rated by the International Space Year, a SECTION 1. STATE REGULATION OF ACCESS TO Mr. HARKIN submitted the following resolution; which was considered and globally implemented congressional initia- HUNTING AND FISHING. tive conceived by the late Senator Spark (a) DECLARATION OF POLICY.—Congress agreed to: Matsunaga of Hawaii, that was highlighted hereby declares that— S. RES. 465 by globally coordinated environmental mon- (1) the continued regulation of access to Resolved, That—For the purpose of restor- itoring and research whose ongoing legacy hunting and fishing by the several States is ing the provisions governing the Conserva- continues to benefit humanity; in the public interest; and tion Security Program to those enacted in Whereas planning for an International (2) silence on the part of Congress shall not the Farm Security and Rural Investment Polar Year in 2007–2008 is underway, under be construed to impose any commerce clause Act and restoring the practice of treating ag- the guidance of strong United States leader- barrier to the regulation of such activities ricultural disaster assistance as emergency by the several States. ship and the National Academy of Sciences spending, the Senate instructs conferees to (b) STATE REGULATION OF ACCESS TO HUNT- and in conjunction with the International Agriculture, Rural Development, Food and ING AND FISHING.—The licensing of hunting Council for Science and the World Meteoro- Drug Administration, and Related Agencies and fishing, or of other access thereto, and logical Organization, with this envisioned to Appropriations Bill, 2005, or a Consolidated every person engaged in hunting or fishing, be an intense, coordinated campaign of ob- Appropriations Measure that includes the shall be subject to the laws of the several servations, research, and analysis that will substance of that act, to insist that the con- States which relate to the regulation of such be multidisciplinary in scope and inter- ference report contain legislative language activities. national in participation; striking subsections (e) and (f) of section 101 (c) CONSTRUCTION.—No Act of Congress Whereas an International Polar Year in of division B of H.R. 4837, An Act Making Ap- shall be construed to invalidate, impair, or 2007–2008 will include research on the condi- propriations for Military Construction, Fam- supersede any law enacted by any State for tions in both polar regions and recognize the ily Housing, and Base Realignment and Clo- the purpose of regulating the access to hunt- strong links among polar region conditions sure for the Department of Defense for the ing and fishing unless such Act specifically and the rest of the globe, including the im- Fiscal Year ending September 30, 2005 and for so states. pact on global climate change, as the polar Other Purposes. f regions have profound significance for the Earth’s climate and environments; SUBMITTED RESOLUTIONS SENATE RESOLUTION 466—CELE- Whereas other scientific bodies are plan- BRATING THE ANNIVERSARIES ning additional internationally coordinated OF THE INTERNATIONAL POLAR scientific programs to advance scientific SENATE RESOLUTION 464—RELAT- YEARS (1882–1883 AND 1932–1933) knowledge and observations from the core of ING TO REFUNDABLE TAX CRED- AND INTERNATIONAL GEO- the Earth to the farthest reaches of the ITS FOR MUNICIPALITIES PHYSICAL YEAR (1957–1958) AND Cosmos’s effects on the Earth; Mrs. BOXER submitted the following SUPPORTING A CONTINUATION Whereas it is entirely fitting that Congress resolution; which was considered and OF THIS INTERNATIONAL takes the lead again, in the same spirit, in promoting global cooperation through world- agreed to: SCIENCE YEAR TRADITION IN wide commemoration of the past Inter- S. RES. 464 2007–2008 national Polar Years and the International Whereas, the Senate today passed a free Mr. MCCAIN submitted the following Geophysical Year with activities reflecting standing measure which is designed to ad- resolution; which was considered and the unity and diversity of life on Earth: Now, dress tax relief issues relating to Reservists agreed to: therefore, be it and National Guardsmen; Resolved, That it is the Sense of the Senate Whereas, one of the provisions of the pack- S. RES. 466 that the President should— age provides tax relief to employers of Re- Whereas the year 2007 is the 125th anniver- servists and National Guardsmen; sary of the first International Polar Year of (1) endorse the concept of a worldwide cam- Whereas, the employer provision is tar- 1882–1883, the 75th anniversary of the second paign of scientific activity for the 2007–2008 geted to businesses and tax paying entities; International Polar Year of 1932–1933, and the timeframe; Whereas, State and local governments are 50th anniversary of the International Geo- (2) direct the Director of the National facing budgetary pressures, particularly with physical Year of 1957–1958; Science Foundation and the Administrator regard to homeland security; Whereas the first International Polar Year of the National Aeronautics and Space Ad- Whereas, many local first responders have of 1882–1883, which involved 12 nations, and ministration, in association with the Na- been called to active duty in the National the second International Polar Year of 1932– tional Academy of Sciences and other rel- Guards and Reserves, and many state and 1933, which involved 40 nations, set the first evant governmental and nongovernmental local governments have continued to pay precedents for internationally coordinated organizations, to continue interagency and their salaries, thus increasing the budgetary scientific campaigns; international inquiries and discussions that pressure on state and local governments; Whereas the International Geophysical ensure a successful worldwide international Whereas, the Senate recognized this pres- Year, conceived in and promoted by the science year in the 2007–2008 timeframe, em- sure by including in the FSC–ETI bill a pro- United States, was the largest cooperative phasizing activities dedicated to global envi- vision to compensate state and local govern- international scientific endeavor undertaken ronmental research, education, and protec- ments for closing the pay gap of first re- to that date, involving more than 60,000 sci- tion; and sponders who are called to active duty in the entists from 66 nations; (3) submit to Congress at the earliest prac- National Guards and Reserves: Now, there- Whereas each of these activities left a leg- tical date, but no later than March 15, 2005, fore be it acy of scientific advances, new discoveries, a report detailing the steps taken in car- Resolved, That it is the sense of the Senate and international goodwill that still benefit rying out paragraphs (1) and (2), including that: us today; descriptions of possible activities and orga- 1. The Senate should reiterate its support Whereas the International Geophysical nizational structures for an international for reimbursing state and local governments Year legacy includes the dedication of an en- science year in 2007–2008.

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00120 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.149 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11311 SENATE RESOLUTION 467—EX- SENATE RESOLUTION 468—DESIG- chairman of the Senate Committee on TENDING BIRTHDAY GREETINGS NATING NOVEMBER 7, 2004, AS Indian Affairs and Senator INOUYE, the TO JOSEPH BARBERA ON THE ‘‘NATIONAL NATIVE AMERICAN distinguished vice chairman of the OCCASION OF HIS 100TH BIRTH- VETERANS DAY’’ TO HONOR THE committee, and others of my col- DAY AND DESIGNATING MARCH SERVICE OF NATIVE AMERICANS leagues in cosponsoring that resolu- 2005 AS ‘‘ANIMATED FAMILY EN- IN THE UNITED STATES ARMED tion. As the events of conflict in Iraq TERTAINMENT MONTH’’ FORCES AND THE CONTRIBUTION continue we all hope and pray for the OF NATIVE AMERICANS TO THE safe return of the men and women who Mr. HATCH (for himself and Mrs. DEFENSE OF THE UNITED are overseas, far from home protecting FEINSTEIN) submitted the following res- STATES our Nation and others. olution; which was considered and We continue to honor the memory of agreed to: Ms. MURKOWSKI (for herself, Mr. Army Private First Class Lori CAMPBELL, and Mr. INOUYE) submitted Piestewa, a Hopi woman, who fought S. RES. 467 the following resolution; which was re- valiantly and bravely to protect her Whereas Joseph Barbera is one of the pio- ferred to the Committee on the Judici- fellow soldiers during the invasion of neers of animated entertainment, having ary: created, with his partner, William Hanna, Iraq. This year we also remember other some of the world’s most recognizable and S. RES. 468 Native people who lost their lives in beloved characters, including Tom and Whereas Native Americans have served Iraq over the past year. Army Sergeant Jerry, Huckleberry Hound, The Flintstones, with honor and distinction in the United Lee Duane Todacheene, Marine Lance The Jetsons, Scooby-Doo, and Yogi Bear, States Armed Forces and defended the Corporal Quinn A. Keith, Army Private among many others; United States of America for more than 200 First Class Harry Shondee, Jr, mem- Whereas Joseph Barbera is also one of the years; bers of the Navajo Nation, and Army most honored figures in animated entertain- Whereas Native Americans have served in Private First Class Sheldon Hawk ment, his creations Tom and Jerry having wars involving the United States from Val- Eagle, Cheyenne River Sioux, whose In- received 7 Academy Awards for their antics, ley Forge to the hostilities in Afghanistan dian name was Wanbli Ohitika, or including their groundbreaking dancing ap- and Iraq; pearances with Gene Kelly and Esther Wil- Whereas Native Americans have served in Brave Eagle. I apologize if I have failed liams in live action films, and having won the United States Armed Forces with the to acknowledge a brave Native person multiple Emmy Awards, and Joseph Barbera highest record of military service of any who lost his or her life in Iraq. himself having been elected to the Television group in the United States; Native people, and especially the Na- Academy Hall of Fame; Whereas the courage, determination, and tive people of my State of Alaska, re- Whereas in 1960, the team of Joseph fighting spirit of Native Americans have vere, admire, and respect our veterans Barbera and William Hanna created tele- strengthened and continue to strengthen the and those who continue to serve. They vision’s first animated family sitcom, ‘‘The United States, including the United States pray for ones still in battle, alongside Flintstones’’, a series marked by a number of Armed Forces; their fellow Americans, so that they other firsts—the first animated series to air Whereas Native Americans have made the can have a safe journey back to their in primetime, the first animated series to go ultimate sacrifice in defense of the United loving homes and families. They pray beyond the 6- or 7-minute cartoon format, States, even in times when Native Ameri- and the first animated series to feature cans were not citizens of the United States; for the ones who have fought, and now, human characters; Whereas the establishment of a National continue their journey through life’s Whereas ‘‘The Flintstones’’ ran for 6 years Native American Veterans Day will honor struggles. and became the top-ranking animated pro- the continuing service and sacrifice of Na- I urge my colleagues to join me in gram in syndication history, with all origi- tive Americans in the United States Armed supporting this resolution. nal 166 episodes currently seen in more than Forces; and 80 countries worldwide; Whereas November 7th, a date that falls SENATE CONCURRENT RESOLU- Whereas Joseph Barbera cocreated a cow- within the traditional observance of Native TION 144—TO CORRECT THE EN- ardly Great Dane named Scooby-Doo, who American Indian Heritage Month, would be ROLLMENT OF H.R. 4837 eventually made his own place in television an appropriate day to establish a National history, for the popular series ‘‘Scooby-Doo, Native American Veterans Day: Now, there- Mr. HARKIN submitted the following Where Are You?’’ remained in production for fore, be it concurrent resolution; which was con- 17 years, still maintains the title of tele- Resolved, That the Senate— sidered and agreed to: vision’s longest-running animated series, and (1) honors the service of Native Americans S. CON. RES. 144 serves as the inspiration for a series of cur- in the United States Armed Forces and the Resolved by the Senate (the House of Rep- rent live-action films; contribution of Native Americans to the de- resentatives concurring), That in the enroll- Whereas in 1981, Hanna-Barbera developed fense of the United States; ment of H.R. 4837, an Act making appropria- the phenomenally successful ‘‘The Smurfs’’, (2) designates November 7, 2004, as ‘‘Na- tions for military construction, family hous- which won 2 Daytime Emmy Awards in 1982 tional Native American Veterans Day’’; ing, and base realignment and closure for the and in 1983 for Outstanding Children’s Enter- (3) encourages all people in the United Department of Defense for the fiscal year tainment Series and a Humanitas Award (an States to learn about the history of the serv- ending September 30, 2005, and for other pur- award given to shows that best affirm the ice of Native Americans in the United States poses, the Clerk of the House is hereby au- dignity of the human person) in 1987; Armed Forces; and thorized and directed to strike subsections Whereas at the age of 99, Joseph Barbera (4) requests that the President issue a (e) and (f) of section 101 of division B and in- continues to work actively in the field, re- proclamation calling on the people of the sert the following new subsection: porting to his office daily and continuing to United States to observe the day with appro- (e) The amounts provided or made avail- develop new animated entertainment for the priate programs, ceremonies, and activities able by this section are designated as an people of the United States and the world to to demonstrate support for Native American emergency requirement pursuant to section enjoy; veterans. 402 of S. Con. Res. 95 (108th Congress), as Whereas March 24, 2005, will be Joseph Ms. MURKOWSKI. Mr. President, I made applicable to the House of Representa- Barbera’s 100th birthday; and am pleased to be joined by Senators tives by H. Res. 649 (108th Congress) and ap- Whereas the lives of families across the plicable to the Senate by section 14007 of United States and throughout the world have CAMPBELL and INOUYE in submitting a Public Law 108–287. been enriched by the shared enjoyment of resolution to honor American Indian, f the work of creators like Joseph Barbera: Alaska Native, and Native Hawaiian Now, therefore, be it veterans for their service in the Armed AMENDMENTS SUBMITTED AND Resolved, That the Senate— Forces of the United States and to des- PROPOSED (1) on behalf of the American people, ex- ignate November 7, 2004 as ‘‘National SA 4058. Mr. SESSIONS (for Mrs. FEIN- tends its birthday greetings and best wishes Native American Veterans Day’’. STEIN) proposed an amendment to the bill S. to Joseph Barbera on the occasion of his This is the second consecutive year 1129, to provide for the protection of unac- 100th birthday; and that such a resolution has been intro- companied alien children, and for other pur- (2) designates March 2005 as ‘‘Animated duced. November 7, 2003 was designated poses. Family Entertainment Month’’ and encour- SA 4059. Mr. SESSIONS (for Mr. ROBERTS as National Native American Veterans ages the families of the United States to (for himself and Mr. ROCKEFELLER)) proposed take time to enjoy together the family en- Day in accordance with Senate Resolu- an amendment to the bill S. 2386, to author- tertainment created by the Nation’s ani- tion 239. I was proud to join with Sen- ize appropriations for fiscal year 2005 for in- mated storytellers. ator CAMPBELL, our distinguished telligence and intelligence-related activities

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00121 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.150 S11PT1 S11312 CONGRESSIONAL RECORD — SENATE October 11, 2004 of the United States Government, the Intel- Sec. 202. Counsel. ‘‘(C) with respect to whom— ligence Community Management Account, Sec. 203. Effective date; applicability. ‘‘(i) there is no parent or legal guardian in and the Central Intelligence Agency Retire- TITLE III—STRENGTHENING POLICIES the United States; or ment and Disability System, and for other FOR PERMANENT PROTECTION OF ‘‘(ii) no parent or legal guardian in the purposes. ALIEN CHILDREN United States is able to provide care and SA 4060. Mr. SESSIONS (for Mr. ROBERTS physical custody. Sec. 301. Special immigrant juvenile visa. (for himself and Mr. ROCKEFELLER)) proposed ‘‘(52) The term ‘unaccompanied refugee Sec. 302. Training for officials and certain an amendment to the bill S. 2386, supra. children’ means persons described in para- private parties who come into SA 4061. Ms. LANDRIEU (for herself, Mr. graph (42) who— contact with unaccompanied BOND, Mr. JEFFORDS, Mrs. MURRAY, Mr. ‘‘(A) have not attained the age of 18; and alien children. GRAHAM of South Carolina, Mr. ROCKE- ‘‘(B) with respect to whom there are no Sec. 303. Report. FELLER, Mr. SESSIONS, Mr. NELSON of Flor- parents or legal guardians available to pro- Sec. 304. Effective date. ida, Mr. WARNER, Mr. DURBIN, Mr. KERRY, vide care and physical custody.’’. Mrs. BOXER, and Ms. MIKULSKI) proposed an TITLE IV—CHILDREN REFUGEE AND (c) RULE OF CONSTRUCTION.—A department amendment to the bill H.R. 1779, to amend ASYLUM SEEKERS or agency of a State, or an individual or en- the Internal Revenue Code of 1986 to allow Sec. 401. Guidelines for children’s asylum tity appointed by a State court or juvenile penalty-free withdrawals from retirement claims. court located in the United States, acting in plans during the period that a military re- Sec. 402. Unaccompanied refugee children. loco parentis, shall not be considered a legal servist or national guardsman is called to ac- Sec. 403. Exceptions for unaccompanied guardian for purposes of section 462 of the tive duty for an extended period, and for alien children in asylum and Homeland Security Act of 2002 (6 U.S.C. 279) other purposes. refugee-like circumstances. or this Act. SA 4062. Mr. FRIST (for Mr. CONRAD) pro- TITLE V—AUTHORIZATION OF TITLE I—CUSTODY, RELEASE, FAMILY posed an amendment to the concurrent reso- APPROPRIATIONS REUNIFICATION, AND DETENTION lution S. Con. Res. 136, honoring and memo- rializing the passengers and crew of United Sec. 501. Authorization of appropriations. SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN CHILDREN. Airlines Flight 93. TITLE VI—AMENDMENTS TO THE (a) UNACCOMPANIED CHILDREN FOUND ALONG SA 4063. Mr. FRIST (for Mr. FITZGERALD) HOMELAND SECURITY ACT OF 2002 THE UNITED STATES BORDER OR AT UNITED proposed an amendment to the bill S. 2688, to Sec. 601. Additional responsibilities and STATES PORTS OF ENTRY.— provide for a report of Federal entities with- powers of the Office of Refugee (1) IN GENERAL.—Subject to paragraph (2), out annually audited financial statements. Resettlement with respect to if an immigration officer finds an unaccom- SA 4064. Mr. FRIST (for Mr. LIEBERMAN) unaccompanied alien children. proposed an amendment to the bill S. 2691, to panied alien child who is described in para- Sec. 602. Technical corrections. graph (2) at a land border or port of entry of establish the Long Island Sound Stewardship Sec. 603. Effective date. Initiative. the United States and determines that such SEC. 2. DEFINITIONS. child is inadmissible under the Immigration SA 4065. Mr. FRIST (for Mr. SMITH) pro- posed an amendment to the concurrent reso- (a) IN GENERAL.—In this Act: and Nationality Act (8 U.S.C. 1101 et seq.), lution S. Con. Res. 113, recognizing the im- (1) COMPETENT.—The term ‘‘competent’’, in the officer shall— portance of early diagnosis, proper treat- reference to counsel, means an attorney who (A) permit such child to withdraw the ment, and enhanced public awareness of complies with the duties set forth in this Act child’s application for admission pursuant to Tourette Syndrome and supporting the goals and— section 235(a)(4) of the Immigration and Na- and ideals of National Tourette Syndrome (A) is a member in good standing of the bar tionality Act (8 U.S.C. 1225(a)(4)); and Awareness Month. of the highest court of any State, possession, (B) return such child to the child’s country SA 4066. Mr. FRIST (for Mr. SMITH) pro- territory, Commonwealth, or the District of of nationality or country of last habitual posed an amendment to the concurrent reso- Columbia; residence. lution S. Con. Res. 113, supra. (B) is not under any order of any court sus- (2) SPECIAL RULE FOR CONTIGUOUS COUN- SA 4067. Mr. FRIST (for Mr. SMITH) pro- pending, enjoining, restraining, disbarring, TRIES.— posed an amendment to the concurrent reso- or otherwise restricting the attorney in the (A) IN GENERAL.—Any child who is a na- lution S. Con. Res. 113, supra. practice of law; and tional or habitual resident of a country that (C) is properly qualified to handle matters is contiguous with the United States and f involving unaccompanied immigrant chil- that has an agreement in writing with the TEXT OF AMENDMENTS dren or is working under the auspices of a United States providing for the safe return Mr. SESSIONS (for Mrs. qualified nonprofit organization that is expe- and orderly repatriation of unaccompanied SA 4058. rienced in handling such matters. alien children who are nationals or habitual FEINSTEIN) proposed an amendment to (2) DIRECTOR.—The term ‘‘Director’’ means residents of such country shall be treated in the bill S. 1129, to provide for the pro- the Director of the Office. accordance with paragraph (1), if a deter- tection of unaccompanied alien chil- (3) DIRECTORATE.—The term ‘‘Directorate’’ mination is made on a case-by-case basis dren, and for other purposes; as fol- means the Directorate of Border and Trans- that— lows: portation Security established by section 401 (i) such child is a national or habitual resi- Strike all after the enacting clause and in- of the Homeland Security Act of 2002 (6 dent of a country described in subparagraph sert the following: U.S.C. 201). (A); (4) OFFICE.—The term ‘‘Office’’ means the (ii) such child does not have a fear of re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Office of Refugee Resettlement as estab- turning to the child’s country of nationality (a) SHORT TITLE.—This Act may be cited as lished by section 411 of the Immigration and or country of last habitual residence owing the ‘‘Unaccompanied Alien Child Protection Nationality Act (8 U.S.C. 1521). to a fear of persecution; Act of 2004’’. (5) SECRETARY.—The term ‘‘Secretary’’ (iii) the return of such child to the child’s (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: means the Secretary of Homeland Security. country of nationality or country of last ha- (6) UNACCOMPANIED ALIEN CHILD.—The term bitual residence would not endanger the life Sec. 1. Short title; table of contents. ‘‘unaccompanied alien child’’ has the same or safety of such child; and Sec. 2. Definitions. meaning as is given the term in section (iv) the child is able to make an inde- TITLE I—CUSTODY, RELEASE, FAMILY 462(g)(2) of the Homeland Security Act of pendent decision to withdraw the child’s ap- REUNIFICATION, AND DETENTION 2002 (6 U.S.C. 279(g)(2)). plication for admission due to age or other Sec. 101. Procedures when encountering un- (7) VOLUNTARY AGENCY.—The term ‘‘vol- lack of capacity. accompanied alien children. untary agency’’ means a private, nonprofit (B) RIGHT OF CONSULTATION.—Any child de- Sec. 102. Family reunification for unaccom- voluntary agency with expertise in meeting scribed in subparagraph (A) shall have the panied alien children with rel- the cultural, developmental, or psycho- right to consult with a consular officer from atives in the United States. logical needs of unaccompanied alien chil- the child’s country of nationality or country Sec. 103. Appropriate conditions for deten- dren, as certified by the Director of the Of- of last habitual residence prior to repatri- tion of unaccompanied alien fice of Refugee Resettlement. ation, as well as consult with the Office, children. (b) AMENDMENTS TO THE IMMIGRATION AND telephonically, and such child shall be in- Sec. 104. Repatriated unaccompanied alien NATIONALITY ACT.—Section 101(a) of the Im- formed of that right in the child’s native lan- children. migration and Nationality Act (8 U.S.C. guage. Sec. 105. Establishing the age of an unac- 1101(a)) is amended by adding at the end the (3) RULE FOR APPREHENSIONS AT THE BOR- companied alien child. following: DER.—The custody of unaccompanied alien Sec. 106. Effective date. ‘‘(51) The term ‘unaccompanied alien child’ children not described in paragraph (2) who TITLE II—ACCESS BY UNACCOMPANIED means a child who— are apprehended at the border of the United ALIEN CHILDREN TO GUARDIANS AD ‘‘(A) has no lawful immigration status in States or at a United States port of entry LITEM AND COUNSEL the United States; shall be treated in accordance with the pro- Sec. 201. Guardians ad litem. ‘‘(B) has not attained the age of 18; and visions of subsection (b).

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(b) CARE AND CUSTODY OF UNACCOMPANIED (C) of paragraph (1), the Director shall trans- (4) PROTECTION FROM SMUGGLERS AND TRAF- ALIEN CHILDREN FOUND IN THE INTERIOR OF fer the care and custody of such child to the FICKERS.— THE UNITED STATES.— Directorate. (A) POLICIES AND PROGRAMS.— (1) ESTABLISHMENT OF JURISDICTION.— (C) PROMPTNESS OF TRANSFER.—In the (i) IN GENERAL.—The Director shall estab- (A) IN GENERAL.—Except as otherwise pro- event of a need to transfer a child under this lish policies and programs to ensure that un- vided under subparagraphs (B) and (C) and paragraph, the sending office shall make accompanied alien children are protected subsection (a), the care and custody of all prompt arrangements to transfer such child from smugglers, traffickers, or other persons unaccompanied alien children, including re- and the receiving office shall make prompt seeking to victimize or otherwise engage sponsibility for their detention, where appro- arrangements to receive such child. such children in criminal, harmful, or ex- priate, shall be under the jurisdiction of the (c) AGE DETERMINATIONS.—In any case in ploitative activity. Office. which the age of an alien is in question and (ii) WITNESS PROTECTION PROGRAMS IN- (B) EXCEPTION FOR CHILDREN WHO HAVE COM- the resolution of questions about the age of CLUDED.—The programs established pursuant MITTED CRIMES.—Notwithstanding subpara- such alien would affect the alien’s eligibility to clause (i) may include witness protection graph (A), the Directorate shall retain or as- for treatment under section 462 of the Home- programs. sume the custody and care of any unaccom- land Security Act of 2002 (6 U.S.C. 279) or this (B) CRIMINAL INVESTIGATIONS AND PROSECU- panied alien child who— Act, a determination of whether or not such TIONS.—Any officer or employee of the Office (i) has been charged with any felony, ex- alien meets such age requirements shall be or the Department of Homeland Security, cluding offenses proscribed by the Immigra- made by the Director in accordance with sec- and any grantee or contractor of the Office, tion and Nationality Act (8 U.S.C. 1101 et tion 105. who suspects any individual of being in- seq.), while such charges are pending; or SEC. 102. FAMILY REUNIFICATION FOR UNAC- volved in any activity described in subpara- (ii) has been convicted of any such felony. COMPANIED ALIEN CHILDREN WITH RELATIVES IN THE UNITED STATES. graph (A) shall report such individual to (C) EXCEPTION FOR CHILDREN WHO THREATEN Federal or State prosecutors for criminal in- NATIONAL SECURITY.—Notwithstanding sub- (a) PLACEMENT AUTHORITY.— (1) ORDER OF PREFERENCE.—Subject to the vestigation and prosecution. paragraph (A), the Directorate shall retain (C) DISCIPLINARY ACTION.—Any officer or or assume the custody and care of an unac- discretion of the Director under section 462(b)(2) of the Homeland Security Act of employee of the Office or the Department of companied alien child if the Secretary has Homeland Security, and any grantee or con- substantial evidence, based on an individual- 2002 (6 U.S.C. 279(b)(2)) and under paragraph (4) of this subsection and section 103(a)(2) of tractor of the Office, who suspects an attor- ized determination, that such child could ney of being involved in any activity de- personally endanger the national security of this Act, an unaccompanied alien child in the custody of the Office shall be promptly scribed in subparagraph (A) shall report the the United States. individual to the State bar association of (D) TRAFFICKING VICTIMS.—For purposes of placed with 1 of the following individuals or entities in the following order of preference: which the attorney is a member, or to other section 462 of the Homeland Security Act of appropriate disciplinary authorities, for ap- 2002 (6 U.S.C. 279) and this Act, an unaccom- (A) A parent who seeks to establish cus- tody, as described in paragraph (3)(A). propriate disciplinary action that may in- panied alien child who is eligible for services clude private or public admonition or cen- authorized under the Victims of Trafficking (B) A legal guardian who seeks to establish sure, suspension, or disbarment of the attor- and Violence Protection Act of 2000 (Public custody, as described in paragraph (3)(A). ney from the practice of law. Law 106–386), shall be considered to be in the (C) An adult relative. (5) GRANTS AND CONTRACTS.—Subject to the custody of the Office. (D) An individual or entity designated by availability of appropriations, the Director (2) NOTIFICATION.— the parent or legal guardian that is capable may make grants to, and enter into con- (A) IN GENERAL.—The Secretary shall and willing to care for the well-being of the tracts with, voluntary agencies to carry out promptly notify the Office upon— child. section 462 of the Homeland Security Act of (i) the apprehension of an unaccompanied (E) A State-licensed juvenile shelter, group 2002 (6 U.S.C. 279) or to carry out this sec- alien child; home, or foster care program willing to ac- (ii) the discovery that an alien in the cus- cept physical custody of the child. tion. tody of the Directorate is an unaccompanied (F) A qualified adult or entity seeking cus- (6) REIMBURSEMENT OF STATE EXPENSES.— alien child; tody of the child when it appears that there Subject to the availability of appropriations, (iii) any claim by an alien in the custody of is no other likely alternative to long-term the Director may reimburse States for any the Directorate that such alien is under the detention and family reunification does not expenses they incur in providing assistance age of 18; or appear to be a reasonable alternative. For to unaccompanied alien children who are (iv) any suspicion that an alien in the cus- purposes of this subparagraph, the Office served pursuant to section 462 of the Home- tody of the Directorate who has claimed to shall decide who is a qualified adult or entity land Security Act of 2002 (6 U.S.C. 279) or this be over the age of 18 is actually under the and promulgate regulations in accordance Act. age of 18. with such decision. (b) CONFIDENTIALITY.—All information ob- (B) SPECIAL RULE.—In the case of an alien (2) SUITABILITY ASSESSMENT.—Notwith- tained by the Office relating to the immigra- described in clause (iii) or (iv) of subpara- standing paragraph (1), no unaccompanied tion status of a person described in subpara- graph (A), the Director shall make an age de- alien child shall be placed with a person or graphs (A), (B), and (C) of subsection (a)(1) termination in accordance with section 105 entity unless a valid suitability assessment shall remain confidential and may be used and take whatever other steps are necessary conducted by an agency of the State of the only for the purposes of determining such to determine whether or not such alien is eli- child’s proposed residence, by an agency au- person’s qualifications under subsection gible for treatment under section 462 of the thorized by that State to conduct such an as- (a)(1). Homeland Security Act of 2002 (6 U.S.C. 279) sessment, or by an appropriate voluntary (c) REQUIRED DISCLOSURE.—The Secretary or this Act. agency contracted with the Office to conduct of Health and Human Services or the Sec- (3) TRANSFER OF UNACCOMPANIED ALIEN such assessments has found that the person retary of Homeland Security shall provide CHILDREN.— or entity is capable of providing for the the information furnished under this section, (A) TRANSFER TO THE OFFICE.—The care and child’s physical and mental well-being. and any other information derived from such custody of an unaccompanied alien child (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO furnished information, to— shall be transferred to the Office— CUSTODY OF UNACCOMPANIED ALIEN CHILD.— (1) a duly recognized law enforcement enti- (i) in the case of a child not described in (A) PLACEMENT WITH PARENT OR LEGAL ty in connection with an investigation or subparagraph (B) or (C) of paragraph (1), not GUARDIAN.—If an unaccompanied alien child prosecution of an offense described in para- later than 72 hours after a determination is is placed with any person or entity other graph (2) or (3) of section 212(a) of the Immi- made that such child is an unaccompanied than a parent or legal guardian, but subse- gration and Nationality Act (8 U.S.C. alien child; quent to that placement a parent or legal 1182(a)), when such information is requested (ii) in the case of a child whose custody guardian seeks to establish custody, the Di- in writing by such entity; or and care has been retained or assumed by the rector shall assess the suitability of placing (2) an official coroner for purposes of af- Directorate pursuant to subparagraph (B) or the child with the parent or legal guardian firmatively identifying a deceased individual (C) of paragraph (1), immediately following a and shall make a written determination on (whether or not such individual is deceased determination that the child no longer meets the child’s placement within 30 days. as a result of a crime). the description set forth in such subpara- (B) RULE OF CONSTRUCTION.—Nothing in (d) PENALTY.—Whoever knowingly uses, graphs; or this Act shall be construed to— publishes, or permits information to be ex- (iii) in the case of a child who was pre- (i) supersede obligations under any treaty amined in violation of this section shall be viously released to an individual or entity or other international agreement to which fined not more than $10,000. described in section 102(a)(1), upon a deter- the United States is a party, including The SEC. 103. APPROPRIATE CONDITIONS FOR DE- mination by the Director that such indi- Hague Convention on the Civil Aspects of TENTION OF UNACCOMPANIED vidual or entity is no longer able to care for International Child Abduction, the Vienna ALIEN CHILDREN. the child. Declaration and Program of Action, and the (a) STANDARDS FOR PLACEMENT.— (B) TRANSFER TO THE DIRECTORATE.—Upon Declaration of the Rights of the Child; or (1) PROHIBITION OF DETENTION IN CERTAIN determining that a child in the custody of (ii) limit any right or remedy under such FACILITIES.—Except as provided in paragraph the Office is described in subparagraph (B) or international agreement. (2), an unaccompanied alien child shall not

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be placed in an adult detention facility or a annually thereafter, the Secretary of Home- (3) DUTIES.—The guardian ad litem shall— facility housing delinquent children. land Security shall submit a report to the (A) conduct interviews with the child in a (2) DETENTION IN APPROPRIATE FACILITIES.— Committees on the Judiciary of the House of manner that is appropriate, taking into ac- An unaccompanied alien child who has ex- Representatives and the Senate on efforts to count the child’s age; hibited a violent or criminal behavior that repatriate unaccompanied alien children. (B) investigate the facts and circumstances endangers others may be detained in condi- (2) CONTENTS.—The report submitted under relevant to such child’s presence in the tions appropriate to the behavior in a facil- paragraph (1) shall include, at a minimum, United States, including facts and cir- ity appropriate for delinquent children. the following information: cumstances arising in the country of the (3) STATE LICENSURE.—In the case of a (A) The number of unaccompanied alien child’s nationality or last habitual residence placement of a child with an entity described children ordered removed and the number of and facts and circumstances arising subse- in section 102(a)(1)(E), the entity must be li- such children actually removed from the quent to the child’s departure from such censed by an appropriate State agency to United States. country; provide residential, group, child welfare, or (B) A description of the type of immigra- (C) work with counsel to identify the foster care services for dependent children. tion relief sought and denied to such chil- child’s eligibility for relief from removal or (4) CONDITIONS OF DETENTION.— dren. voluntary departure by sharing with counsel (A) IN GENERAL.—The Director and the Sec- (C) A statement of the nationalities, ages, information collected under subparagraph retary of Homeland Security shall promul- and gender of such children. (B); gate regulations incorporating standards for (D) A description of the procedures used to (D) develop recommendations on issues rel- conditions of detention in such placements effect the removal of such children from the ative to the child’s custody, detention, re- that provide for— United States. lease, and repatriation; (i) educational services appropriate to the (E) A description of steps taken to ensure (E) take reasonable steps to ensure that child; that such children were safely and humanely the best interests of the child are promoted (ii) medical care; repatriated to their country of origin. while the child participates in, or is subject (iii) mental health care, including treat- (F) Any information gathered in assess- to, proceedings or matters under the Immi- ment of trauma, physical and sexual vio- ments of country and local conditions pursu- gration and Nationality Act (8 U.S.C. 1101 et lence, or abuse; ant to subsection (a)(2). seq.); (iv) access to telephones; SEC. 105. ESTABLISHING THE AGE OF AN UNAC- (F) take reasonable steps to ensure that (v) access to legal services; COMPANIED ALIEN CHILD. the child understands the nature of the legal (vi) access to interpreters; (a) IN GENERAL.—The Director shall de- proceedings or matters and determinations (vii) supervision by professionals trained in velop procedures to make a prompt deter- made by the court, and ensure that all infor- the care of children, taking into account the mination of the age of an alien in the cus- mation is conveyed in an age-appropriate special cultural, linguistic, and experiential tody of the Department of Homeland Secu- manner; and needs of children in immigration pro- rity or the Office, when the age of the alien (G) report factual findings relating to— ceedings; is at issue. Such procedures shall permit the (i) information gathered pursuant to sub- (viii) recreational programs and activities; presentation of multiple forms of evidence, paragraph (B); (ix) spiritual and religious needs; and including testimony of the child, to deter- (ii) the care and placement of the child (x) dietary needs. mine the age of the unaccompanied alien for during the pendency of the proceedings or (B) NOTIFICATION OF CHILDREN.—Regula- purposes of placement, custody, parole, and matters; and tions promulgated in accordance with sub- detention. Such procedures shall allow the (iii) any other information gathered pursu- paragraph (A) shall provide that all children appeal of a determination to an immigration ant to subparagraph (D). are notified orally and in writing of such judge. The Secretary of Homeland Security (4) TERMINATION OF APPOINTMENT.—The shall permit the Office to have reasonable standards in the child’s native language. guardian ad litem shall carry out the duties access to aliens in the custody of the Sec- (b) PROHIBITION OF CERTAIN PRACTICES.— described in paragraph (3) until— The Director and the Secretary shall develop retary so as to ensure a prompt determina- (A) those duties are completed; procedures prohibiting the unreasonable use tion of the age of such alien. (B) the child departs the United States; (b) PROHIBITION ON SOLE MEANS OF DETER- of— (C) the child is granted permanent resident MINING AGE.—Neither radiographs nor the at- (1) shackling, handcuffing, or other re- status in the United States; testation of an alien shall be used as the sole straints on children; (D) the child attains the age of 18; or means of determining age for the purposes of (2) solitary confinement; or (E) the child is placed in the custody of a determining an alien’s eligibility for treat- parent or legal guardian; (3) pat or strip searches. ment under section 462 of the Homeland Se- (c) RULE OF CONSTRUCTION.—Nothing in whichever occurs first. curity Act of 2002 (6 U.S.C. 279) or this Act. this section shall be construed to supersede (5) POWERS.—The guardian ad litem— (c) RULE OF CONSTRUCTION.—Nothing in (A) shall have reasonable access to the procedures favoring release of children to ap- this section shall be construed to place the propriate adults or entities or placement in burden of proof in determining the age of an child, including access while such child is the least secure setting possible, as defined alien on the government. being held in detention or in the care of a in the Stipulated Settlement Agreement foster family; SEC. 106. EFFECTIVE DATE. under Flores v. Reno. (B) shall be permitted to review all records This title shall take effect 90 days after the SEC. 104. REPATRIATED UNACCOMPANIED ALIEN date of enactment of this Act. and information relating to such proceedings CHILDREN. that are not deemed privileged or classified; (a) COUNTRY CONDITIONS.— TITLE II—ACCESS BY UNACCOMPANIED (C) may seek independent evaluations of (1) SENSE OF CONGRESS.—It is the sense of ALIEN CHILDREN TO GUARDIANS AD the child; Congress that, to the extent consistent with LITEM AND COUNSEL (D) shall be notified in advance of all hear- the treaties and other international agree- SEC. 201. GUARDIANS AD LITEM. ings or interviews involving the child that ments to which the United States is a party, (a) ESTABLISHMENT OF GUARDIAN AD LITEM are held in connection with proceedings or and to the extent practicable, the United PROGRAM.— matters under the Immigration and Nation- States Government should undertake efforts (1) APPOINTMENT.—The Director may, in ality Act (8 U.S.C. 1101 et seq.), and shall be to ensure that it does not repatriate children the Director’s discretion, appoint a guardian given a reasonable opportunity to be present in its custody into settings that would ad litem who meets the qualifications de- at such hearings or interviews; threaten the life and safety of such children. scribed in paragraph (2) for an unaccom- (E) shall be permitted to consult with the (2) ASSESSMENT OF CONDITIONS.— panied alien child. The Director is encour- child during any hearing or interview involv- (A) IN GENERAL.—The Secretary of State aged, wherever practicable, to contract with ing such child; and shall include each year in the State Depart- a voluntary agency for the selection of an in- (F) shall be provided at least 24 hours ad- ment Country Report on Human Rights, an dividual to be appointed as a guardian ad vance notice of a transfer of that child to a assessment of the degree to which each coun- litem under this paragraph. different placement, absent compelling and try protects children from smugglers and (2) QUALIFICATIONS OF GUARDIAN AD unusual circumstances warranting the trans- traffickers. LITEM.— fer of such child prior to notification. (B) FACTORS FOR ASSESSMENT.—The Direc- (A) IN GENERAL.—No person shall serve as a (b) TRAINING.—The Director shall provide torate shall consult the State Department guardian ad litem unless such person— professional training for all persons serving Country Report on Human Rights and the (i) is a child welfare professional or other as guardians ad litem under this section in Victims of Trafficking and Violence Protec- individual who has received training in child the— tion Act of 2000: Trafficking in Persons Re- welfare matters; and (1) circumstances and conditions that un- port in assessing whether to repatriate an (ii) possesses special training on the nature accompanied alien children face; and unaccompanied alien child to a particular of problems encountered by unaccompanied (2) various immigration benefits for which country. alien children. such alien child might be eligible. (b) REPORT ON REPATRIATION OF UNACCOM- (B) PROHIBITION.—A guardian ad litem (c) PILOT PROGRAM.— PANIED ALIEN CHILDREN.— shall not be an employee of the Directorate, (1) IN GENERAL.—Not later than 180 days (1) IN GENERAL.—Not later than 18 months the Office, or the Executive Office for Immi- after the date of enactment of this Act, the after the date of enactment of this Act, and gration Review. Director shall establish and begin to carry

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out a pilot program to test the implementa- (A) DEVELOPMENT OF GUIDELINES.—The Ex- TITLE III—STRENGTHENING POLICIES tion of subsection (a). ecutive Office for Immigration Review, in FOR PERMANENT PROTECTION OF (2) PURPOSE.—The purpose of the pilot pro- consultation with voluntary agencies and ALIEN CHILDREN gram established pursuant to paragraph (1) national experts, shall develop model guide- SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA. is to— lines for the legal representation of alien (a) J VISA.—Section 101(a)(27)(J) of the Im- (A) study and assess the benefits of pro- children in immigration proceedings based migration and Nationality Act (8 U.S.C. viding guardians ad litem to assist unaccom- on the children’s asylum guidelines, the 1101(a)(27)(J)) is amended to read as follows: panied alien children involved in immigra- American Bar Association Model Rules of ‘‘(J) an immigrant who is 18 years of age tion proceedings or matters; Professional Conduct, and other relevant do- and under on the date of application who is (B) assess the most efficient and cost-effec- mestic or international sources. present in the United States— tive means of implementing the guardian ad (B) PURPOSE OF GUIDELINES.—The guide- ‘‘(i) who by a court order, which shall be litem provisions in this section; and lines developed in accordance with subpara- binding on the Secretary of Homeland Secu- (C) assess the feasibility of implementing graph (A) shall be designed to help protect a rity for purposes of adjudications under this such provisions on a nationwide basis for all child from any individual suspected of in- subparagraph, was declared dependent on a unaccompanied alien children in the care of volvement in any criminal, harmful, or ex- juvenile court located in the United States the Office. ploitative activity associated with the smug- or whom such a court has legally committed (3) SCOPE OF PROGRAM.— gling or trafficking of children, while ensur- to, or placed under the custody of, a depart- (A) SELECTION OF SITE.—The Director shall ing the fairness of the removal proceeding in ment or agency of a State, or an individual select 3 sites in which to operate the pilot which the child is involved. or entity appointed by a State or juvenile program established pursuant to paragraph (C) IMPLEMENTATION.—The Executive Office court located in the United States, due to (1). for Immigration Review shall adopt the abuse, neglect, or abandonment, or a similar (B) NUMBER OF CHILDREN.—To the greatest guidelines developed in accordance with sub- basis found under State law; extent possible, each site selected under sub- paragraph (A) and submit them for adoption ‘‘(ii) for whom it has been determined in paragraph (A) should have at least 25 chil- by national, State, and local bar associa- administrative or judicial proceedings that dren held in immigration custody at any tions. it would not be in the alien’s best interest to given time. be returned to the alien’s or parent’s pre- (4) REPORT TO CONGRESS.—Not later than 1 (b) DUTIES.—Counsel shall— vious country of nationality or country of year after the date on which the first pilot (1) represent the unaccompanied alien last habitual residence; and program is established pursuant to para- child in all proceedings and matters relating ‘‘(iii) with respect to a child in Federal graph (1), the Director shall report to the to the immigration status of the child or custody, for whom the Office of Refugee Re- Committees on the Judiciary of the Senate other actions involving the Directorate; settlement of the Department of Health and and the House of Representatives on sub- (2) appear in person for all individual mer- Human Services has certified to the Director paragraphs (A) through (C) of paragraph (2). its hearings before the Executive Office for of the Bureau of Citizenship and Immigra- SEC. 202. COUNSEL. Immigration Review and interviews involv- tion Services that the classification of an (a) ACCESS TO COUNSEL.— ing the Directorate; and alien as a special immigrant under this sub- (1) IN GENERAL.—The Director shall ensure (3) owe the same duties of undivided loy- paragraph has not been made solely to pro- that all unaccompanied alien children in the alty, confidentiality, and competent rep- vide an immigration benefit to that alien; custody of the Office, or in the custody of resentation to the child as is due an adult except that no natural parent or prior adop- the Directorate, who are not described in client. section 101(a)(2) shall have competent coun- tive parent of any alien provided special im- (c) ACCESS TO CHILD.— migrant status under this subparagraph sel to represent them in immigration pro- (1) IN GENERAL.—Counsel shall have reason- ceedings or matters. shall thereafter, by virtue of such parentage, able access to the unaccompanied alien be accorded any right, privilege, or status (2) PRO BONO REPRESENTATION.—To the child, including access while the child is maximum extent practicable, the Director under this Act;’’. being held in detention, in the care of a fos- (b) ADJUSTMENT OF STATUS.—Section shall utilize the services of competent pro ter family, or in any other setting that has 245(h)(2)(A) of the Immigration and Nation- bono counsel who agree to provide represen- been determined by the Office. ality Act (8 U.S.C. 1255(h)(2)(A)) is amended tation to such children without charge. To (2) RESTRICTION ON TRANSFERS.—Absent to read as follows: the maximum extent practicable, the Direc- compelling and unusual circumstances, no ‘‘(A) paragraphs (4), (5)(A), (6)(A), and (7) of tor shall ensure that placements made under child who is represented by counsel shall be section 212(a) shall not apply; and’’. subparagraphs (D), (E), and (F) of section transferred from the child’s placement to an- (c) ELIGIBILITY FOR ASSISTANCE.—A child 102(a)(1) are in cities where there is a dem- other placement unless advance notice of at who has been granted relief under section onstrated capacity for competent pro bono least 24 hours is made to counsel of such 101(a)(27)(J) of the Immigration and Nation- representation. transfer. ality Act (8 U.S.C. 1101(a)(27)(J)), shall be eli- (3) DEVELOPMENT OF NECESSARY INFRA- gible for all funds made available under sec- STRUCTURES AND SYSTEMS.—In ensuring that (d) NOTICE TO COUNSEL DURING IMMIGRA- tion 412(d) of that Act (8 U.S.C. 1522(d)) until legal representation is provided to such chil- TION PROCEEDINGS.— such time as the child attains the age des- dren, the Director shall develop the nec- (1) IN GENERAL.—Except when otherwise re- ignated in section 412(d)(2)(B) of that Act (8 essary mechanisms to identify entities avail- quired in an emergency situation involving U.S.C. 1522(d)(2)(B)), or until the child is able to provide such legal assistance and rep- the physical safety of the child, counsel shall placed in a permanent adoptive home, which- resentation and to recruit such entities. be given prompt and adequate notice of all ever occurs first. ONTRACTING AND GRANT MAKING AU (4) C - immigration matters affecting or involving (d) TRANSITION RULE.—Notwithstanding THORITY.— an unaccompanied alien child, including ad- any other provision of law, any child de- (A) IN GENERAL.—The Director shall enter judications, proceedings, and processing, be- scribed in section 101(a)(27)(J) of the Immi- into contracts with or make grants to non- fore such actions are taken. gration and Nationality Act (8 U.S.C. profit agencies with relevant expertise in the (2) OPPORTUNITY TO CONSULT WITH COUN- 1101(a)(27)(J)) who filed an application for a delivery of immigration-related legal serv- SEL.—An unaccompanied alien child in the visa before the date of enactment of this Act ices to children in order to carry out the re- custody of the Office may not give consent and who was 19, 20, or 21 years of age on the sponsibilities of this Act, including but not to any immigration action, including con- date such application was filed shall not be limited to such activities as providing legal senting to voluntary departure, unless first denied a visa after the date of enactment of orientation, screening cases for referral, re- afforded an opportunity to consult with this Act because of such alien’s age. cruiting, training, and overseeing pro bono counsel. SEC. 302. TRAINING FOR OFFICIALS AND CER- attorneys. Nonprofit agencies may enter into (e) ACCESS TO RECOMMENDATIONS OF GUARD- TAIN PRIVATE PARTIES WHO COME subcontracts with or make grants to private INTO CONTACT WITH UNACCOM- voluntary agencies with relevant expertise IAN AD LITEM.—Counsel shall be afforded an PANIED ALIEN CHILDREN. in the delivery of immigration-related legal opportunity to review the recommendation (a) TRAINING OF STATE AND LOCAL OFFI- services to children in order to carry out this by the guardian ad litem affecting or involv- CIALS AND CERTAIN PRIVATE PARTIES.—The subsection. ing a client who is an unaccompanied alien Secretary of Health and Human Services, (B) CONSIDERATIONS REGARDING GRANTS AND child. acting jointly with the Secretary, shall pro- CONTRACTS.—In making grants and entering vide appropriate training to be available to into contracts with agencies in accordance SEC. 203. EFFECTIVE DATE; APPLICABILITY. State and county officials, child welfare spe- with subparagraph (A), the Director shall (a) EFFECTIVE DATE.—This title shall take cialists, teachers, public counsel, and juve- take into consideration whether the agencies effect 180 days after the date of enactment of nile judges who come into contact with un- in question are capable of properly admin- this Act. accompanied alien children. The training istering the services covered by such grants shall provide education on the processes per- or contracts without an undue conflict of in- (b) APPLICABILITY.—The provisions of this taining to unaccompanied alien children terest. title shall apply to all unaccompanied alien with pending immigration status and on the (5) MODEL GUIDELINES ON LEGAL REPRESEN- children in Federal custody on, before, or forms of relief potentially available. The Di- TATION OF CHILDREN.— after the effective date of this title. rector shall be responsible for establishing a

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core curriculum that can be incorporated ‘‘(A) the number of unaccompanied refugee ‘‘(4) POWERS.—In carrying out the duties into education, training, or orientation mod- children, by region; under paragraph (3), the Director shall have ules or formats that are currently used by ‘‘(B) the capacity of the Department of the power to— these professionals. State to identify such refugees; ‘‘(A) contract with service providers to per- (b) TRAINING OF DIRECTORATE PERSONNEL.— ‘‘(C) the capacity of the international com- form the services described in sections 102, The Secretary, acting jointly with the Sec- munity to care for and protect such refugees; 103, 201, and 202 of the Unaccompanied Alien retary of Health and Human Services, shall ‘‘(D) the capacity of the voluntary agency Child Protection Act of 2004; and provide specialized training to all personnel community to resettle such refugees in the ‘‘(B) compel compliance with the terms of the Directorate who come into contact United States; and conditions set forth in section 103 of the with unaccompanied alien children. In the ‘‘(E) the degree to which the United States Unaccompanied Alien Child Protection Act case of Border Patrol agents and immigra- plans to resettle such refugees in the United of 2004, including the power to— tion inspectors, such training shall include States in the coming fiscal year; and ‘‘(i) declare providers to be in breach and specific training on identifying children at ‘‘(F) the fate that will befall such unac- seek damages for noncompliance; the United States borders or at United companied refugee children for whom reset- ‘‘(ii) terminate the contracts of providers States ports of entry who have been victim- tlement in the United States is not pos- that are not in compliance with such condi- ized by smugglers or traffickers, and chil- sible.’’. tions; and dren for whom asylum or special immigrant (b) TRAINING ON THE NEEDS OF UNACCOM- ‘‘(iii) reassign any unaccompanied alien relief may be appropriate, including children PANIED REFUGEE CHILDREN.—Section 207(f)(2) child to a similar facility that is in compli- described in section 101(a)(2). of the Immigration and Nationality Act (8 ance with such section.’’. SEC. 303. REPORT. U.S.C. 1157(f)(2)) is amended by— SEC. 602. TECHNICAL CORRECTIONS. Not later than 1 year after the date of en- (1) striking ‘‘and’’ after ‘‘countries,’’; and Section 462(b) of the Homeland Security actment of this Act and annually thereafter, (2) inserting before the period at the end Act of 2002 (6 U.S.C. 279(b)), as amended by the Secretary of Health and Human Services the following: ‘‘, and instruction on the section 601, is amended— shall submit a report for the previous fiscal needs of unaccompanied refugee children’’. (1) in paragraph (3), by striking ‘‘paragraph year to the Committees on the Judiciary of SEC. 403. EXCEPTIONS FOR UNACCOMPANIED (1)(G)’’ and inserting ‘‘paragraph (1)’’; and the House of Representatives and the Senate ALIEN CHILDREN IN ASYLUM AND (2) by adding at the end the following: REFUGEE-LIKE CIRCUMSTANCES. that contains— ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in (a) PLACEMENT IN REMOVAL PROCEEDINGS.— (1) data related to the implementation of paragraph (2)(B) may be construed to require Any unaccompanied alien child apprehended section 462 of the Homeland Security Act (6 that a bond be posted for unaccompanied by the Directorate, except for an unaccom- U.S.C. 279); alien children who are released to a qualified panied alien child subject to exceptions (2) data regarding the care and placement sponsor.’’. of children in accordance with this Act; under paragraph (1)(A) or (2) of section (101)(a) of this Act, shall be placed in re- SEC. 603. EFFECTIVE DATE. (3) data regarding the provision of guard- The amendments made by this title shall ian ad litem and counsel services in accord- moval proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. take effect as if enacted as part of the Home- ance with this Act; and land Security Act of 2002 (6 U.S.C. 101 et (4) any other information that the Director 1229a). (b) EXCEPTION FROM TIME LIMIT FOR FILING seq.). or the Secretary of Health and Human Serv- ASYLUM APPLICATION.—Section 208(a)(2) of ices determines to be appropriate. the Immigration and Nationality Act (8 SA 4059. Mr. SESSIONS (for Mr. ROB- SEC. 304. EFFECTIVE DATE. U.S.C. 1158(a)(2)) is amended by adding at the ERTS (for himself and Mr. ROCKE- The amendment made by section 301 shall end the following: FELLER)) proposed an amendment to apply to all aliens who were in the United ‘‘(E) APPLICABILITY.—Subparagraphs (A) the bill S. 2386, to authorize appropria- States before, on, or after the date of enact- and (B) shall not apply to an unaccompanied ment of this Act. tions for fiscal year 2005 for intel- alien child as defined in section 101(a)(51).’’. ligence and intelligence-related activi- TITLE IV—CHILDREN REFUGEE AND TITLE V—AUTHORIZATION OF ASYLUM SEEKERS ties of the United States Government, APPROPRIATIONS the Intelligence Community Manage- SEC. 401. GUIDELINES FOR CHILDREN’S ASYLUM SEC. 501. AUTHORIZATION OF APPROPRIATIONS. CLAIMS. ment Account, and the Central Intel- (a) IN GENERAL.—There are authorized to (a) SENSE OF CONGRESS.—Congress com- be appropriated to the Department of Home- ligence Agency Retirement and Dis- mends the Immigration and Naturalization land Security, the Department of Justice, ability System, and for other purposes; Service for its issuance of its ‘‘Guidelines for and the Department of Health and Human as follows: Children’s Asylum Claims’’, dated December Services, such sums as may be necessary to On page 16, strike lines 1 through 16. 1998, and encourages and supports the imple- carry out— mentation of such guidelines by the Immi- (1) section 462 of the Homeland Security SA 4060. Mr. SESSIONS (for Mr. ROB- gration and Naturalization Service (and its Act of 2002 (6 U.S.C. 279); and successor entities) in an effort to facilitate ERTS (for himself and Mr. ROCKE- (2) this Act. FELLER)) proposed an amendment to the handling of children’s asylum claims. (b) AVAILABILITY OF FUNDS.—Amounts ap- Congress calls upon the Executive Office for propriated pursuant to subsection (a) are au- the bill S. 2386, to authorize appropria- Immigration Review of the Department of thorized to remain available until expended. tions for fiscal year 2005 for intel- Justice to adopt the ‘‘Guidelines for Chil- TITLE VI—AMENDMENTS TO THE ligence and intelligence-related activi- dren’s Asylum Claims’’ in its handling of HOMELAND SECURITY ACT OF 2002 ties of the United States Government, children’s asylum claims before immigration the Intelligence Community Manage- judges and the Board of Immigration Ap- SEC. 601. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE OFFICE OF REF- ment Account, and the Central Intel- peals. UGEE RESETTLEMENT WITH RE- ligence Agency Retirement and Dis- (b) TRAINING.—The Secretary shall provide SPECT TO UNACCOMPANIED ALIEN periodic comprehensive training under the CHILDREN. ability System, and for other purposes; ‘‘Guidelines for Children’s Asylum Claims’’ (a) ADDITIONAL RESPONSIBILITIES OF THE DI- as follows: to asylum officers, immigration judges, RECTOR.—Section 462(b)(1) of the Homeland On page 9, line 16, add at the end the fol- members of the Board of Immigration Ap- Security Act of 2002 (6 U.S.C. 279(b)(1)) is lowing: ‘‘Such funds shall remain available peals, and immigration officers who have amended— until September 30, 2005.’’. contact with children in order to familiarize (1) in subparagraph (K), by striking ‘‘and’’ On page 16, between lines 16 and 17, insert and sensitize such officers to the needs of at the end; the following: children asylum seekers. Voluntary agencies (2) in subparagraph (L), by striking the pe- SEC. 307. INTELLIGENCE ASSESSMENT ON SANC- shall be allowed to assist in such training. riod at the end and inserting ‘‘, including TUARIES FOR TERRORISTS. SEC. 402. UNACCOMPANIED REFUGEE CHILDREN. regular follow-up visits to such facilities, (a) ASSESSMENT REQUIRED.—Not later than (a) IDENTIFYING UNACCOMPANIED REFUGEE placements, and other entities, to assess the the date specified in subsection (b), the Di- CHILDREN.—Section 207(e) of the Immigra- continued suitability of such placements; rector of Central Intelligence shall submit to tion and Nationality Act (8 U.S.C. 1157(e)) is and’’; and Congress an intelligence assessment that amended— (3) by adding at the end the following: identifies and describes each country or re- (1) by redesignating paragraphs (3), (4), (5), ‘‘(M) ensuring minimum standards of care gion that is a sanctuary for terrorists or ter- (6), and (7) as paragraphs (4), (5), (6), (7), and for all unaccompanied alien children— rorist organizations. The assessment shall be (8), respectively; and ‘‘(i) for whom detention is necessary; and based on current all-source intelligence. (2) by inserting after paragraph (2) the fol- ‘‘(ii) who reside in settings that are alter- (b) SUBMITTAL DATE.—The date of the sub- lowing: native to detention.’’. mittal of the intelligence assessment re- ‘‘(3) An analysis of the worldwide situation (b) ADDITIONAL POWERS OF THE DIRECTOR.— quired by subsection (a) shall be the earlier faced by unaccompanied refugee children, by Section 462(b) of the Homeland Security Act of— region, which shall include an assessment of 2002 (6 U.S.C. 279(b)) is amended by adding (1) the date that is six months after the of— at the end the following: date of the enactment of this Act; or

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(2) June 1, 2005. lating to 10-percent additional tax on early ‘‘(B) SPECIAL RULE FOR DISTRIBUTIONS.— SEC. 308. ADDITIONAL EXTENSION OF DEADLINE distributions from qualified retirement ‘‘(i) IN GENERAL.—Notwithstanding sub- FOR FINAL REPORT OF THE NA- plans) is amended by adding at the end the paragraph (A)(i), for purposes of section TIONAL COMMISSION FOR THE RE- following new subparagraph: 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), VIEW OF THE RESEARCH AND DE- ‘‘(G) DISTRIBUTIONS FROM RETIREMENT or 457(d)(1)(A)(ii), an individual shall be VELOPMENT PROGRAMS OF THE PLANS TO INDIVIDUALS CALLED TO ACTIVE treated as having been severed from employ- UNITED STATES INTELLIGENCE COMMUNITY. DUTY.— ment during any period the individual is per- Section 1007(a) of the Intelligence Author- ‘‘(i) IN GENERAL.—Any qualified reservist forming service in the uniformed services de- ization Act for Fiscal Year 2003 (Public Law distribution. scribed in section 3401(i)(2)(A). 107–306; 50 U.S.C. 401 note) is amended by ‘‘(ii) QUALIFIED RESERVIST DISTRIBUTION.— ‘‘(ii) LIMITATION.—If an individual elects to striking ‘‘September 1, 2004’’ and inserting For purposes of this subparagraph, the term receive a distribution by reason of clause (i), ‘‘September 1, 2005’’. ‘qualified reservist distribution’ means any the plan shall provide that the individual distribution to an individual if— SEC. 309. FOUR-YEAR EXTENSION OF PUBLIC IN- may not make an elective deferral or em- TEREST DECLASSIFICATION BOARD. ‘‘(I) such distribution is from any qualified ployee contribution during the 6-month pe- Section 710(b) of the Public Interest De- retirement plan (as defined in section riod beginning on the date of the distribu- classification Act of 2000 (title VII of Public 4974(c)), tion. Law 106–567; 114 Stat. 2856; 50 U.S.C. 435 note) ‘‘(II) such individual was (by reason of ‘‘(C) NONDISCRIMINATION REQUIREMENT.— is amended by striking ‘‘4 years’’ and insert- being a member of a reserve component (as Subparagraph (A)(iii) shall apply only if all ing ‘‘8 years’’. defined in section 101 of title 37, United employees of an employer performing service On page 19, strike lines 7 through 15 and in- States Code)), ordered or called to active in the uniformed services described in sec- sert the following: duty for a period in excess of 179 days or for tion 3401(i)(2)(A) are entitled to receive dif- ‘‘(1) IN GENERAL.—The Director may estab- an indefinite period, and ferential wage payments on reasonably lish and administer a nonofficial cover em- ‘‘(III) such distribution is made during the equivalent terms and, if eligible to partici- ployee retirement system for designated em- period beginning on the date of such order or pate in a retirement plan maintained by the ployees (and the spouse, former spouses, and call and ending at the close of the active employer, to make contributions based on survivors of such designated employees). A duty period. the payments. For purposes of applying this des- ‘‘(iii) APPLICATION OF SUBPARAGRAPH.—This subparagraph, the provisions of paragraphs On page 21, strike line 18 and all that fol- subparagraph applies to individuals ordered (3), (4), and (5), of section 410(b) shall apply. lows through page 22, line 1, and insert the or called to active duty after September 11, ‘‘(D) DIFFERENTIAL WAGE PAYMENT.—For following: 2001, and before September 12, 2005.’’. purposes of this paragraph, the term ‘dif- ‘‘(iii) in the case of a designated employee (b) EFFECTIVE DATE.—The amendment ferential wage payment’ has the meaning who participated in an employee investment made by this section shall apply to distribu- given such term by section 3401(i)(2).’’. retirement system established under para- tions after September 11, 2001. (2) CONFORMING AMENDMENT.—The heading graph (1) and is converted to coverage under SEC. 3. INCOME TAX WITHHOLDING ON DIF- for section 414(u) of such Code is amended by subchapter III of chapter 84 of title 5, United FERENTIAL WAGE PAYMENTS. inserting ‘‘AND TO DIFFERENTIAL WAGE PAY- States Code, the Director may transmit any (a) IN GENERAL.—Section 3401 of the Inter- MENTS TO MEMBERS ON ACTIVE DUTY’’ after or all amounts of that designated employee nal Revenue Code of 1986 (relating to defini- ‘‘USERRA’’. tions) is amended by adding at the end the in that employee investment retirement sys- (b) DIFFERENTIAL WAGE PAYMENTS TREAT- tem (or similar following new subsection: ED AS COMPENSATION FOR INDIVIDUAL RETIRE- On page 22, strike line 24 and all that fol- ‘‘(i) DIFFERENTIAL WAGE PAYMENTS TO AC- MENT PLANS.—Section 219(f)(1) of the Inter- lows through page 23, line 5, and insert the TIVE DUTY MEMBERS OF THE UNIFORMED nal Revenue Code of 1986 (defining compensa- following: SERVICES.— ‘‘(1) IN GENERAL.—For purposes of sub- tion) is amended by adding at the end the ‘‘(1) IN GENERAL.—The Director may estab- following new sentence: ‘‘The term ‘com- lish and administer a nonofficial cover em- section (a), any differential wage payment pensation’ includes any differential wage ployee health insurance program for des- shall be treated as a payment of wages by payment (as defined in section 3401(i)(2)).’’. ignated employees (and the family of such the employer to the employee. designated employees). A designated em- ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For (c) EFFECTIVE DATE.—The amendments ployee purposes of paragraph (1), the term ‘differen- made by this section shall apply to plan On page 25, strike lines 6 through 12 and in- tial wage payment’ means any payment years beginning after December 31, 2004. sert the following: which— (d) PROVISIONS RELATING TO PLAN AMEND- ‘‘(1) IN GENERAL.—The Director may estab- ‘‘(A) is made by an employer to an indi- MENTS.— lish and administer a nonofficial cover em- vidual with respect to any period during (1) IN GENERAL.—If this subsection applies ployee life insurance program for designated which the individual is performing service in the uniformed services while on active duty to any plan or annuity contract amend- employees (and the family of such des- ment— ignated employees). A designated employee for a period of more than 30 days, and ‘‘(B) represents all or a portion of the (A) such plan or contract shall be treated may not as being operated in accordance with the On page 27, line 8, strike ‘‘(B)(iii)’’ and in- wages the individual would have received terms of the plan or contract during the pe- sert ‘‘(B)(iv)’’. from the employer if the individual were per- riod described in paragraph (2)(B)(i), and On page 30, strike lines 10 through 16. forming service for the employer.’’. (b) EFFECTIVE DATE.—The amendment (B) except as provided by the Secretary of SA 4061. Ms. LANDRIEU (for herself, made by this section shall apply to remu- the Treasury, such plan shall not fail to meet the requirements of the Internal Rev- Mr. BOND, Mr. JEFFORDS, Mrs. MURRAY, neration paid after December 31, 2004. enue Code of 1986 or the Employee Retire- Mr. GRAHAM of South Carolina, Mr. SEC. 4. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR RETIREMENT PLAN ment Income Security Act of 1974 by reason ROCKEFELLER, Mr. SESSIONS, Mr. NEL- PURPOSES. of such amendment. SON of Florida, Mr. WARNER, Mr. DUR- (a) PENSION PLANS.— (2) AMENDMENTS TO WHICH SECTION AP- BIN, Mr. KERRY, Mrs. BOXER, and Ms. (1) IN GENERAL.—Section 414(u) of the In- PLIES.— MIKULSKI) proposed an amendment to ternal Revenue Code of 1986 (relating to spe- (A) IN GENERAL.—This subsection shall the bill H.R. 1779, to amend the Inter- cial rules relating to veterans’ reemploy- apply to any amendment to any plan or an- nal Revenue Code of 1986 to allow pen- ment rights under USERRA) is amended by nuity contract which is made— alty-free withdrawals from retirement adding at the end the following new para- (i) pursuant to any amendment made by graph: this section, and plans during the period that a military ‘‘(11) TREATMENT OF DIFFERENTIAL WAGE (ii) on or before the last day of the first reservist or national guardsman is PAYMENTS.— plan year beginning on or after January 1, called to active duty for an extended ‘‘(A) IN GENERAL.—Except as provided in 2007. period, and for other purposes; as fol- this paragraph, for purposes of applying this (B) CONDITIONS.—This subsection shall not lows: title to a retirement plan to which this sub- apply to any plan or annuity contract Strike all after the enacting clause and in- section applies— amendment unless— sert the following: ‘‘(i) an individual receiving a differential (i) during the period beginning on the date SECTION 1. SHORT TITLE. wage payment shall be treated as an em- the amendment described in subparagraph This Act may be cited as the ‘‘Guardsmen ployee of the employer making the payment, (A)(i) takes effect and ending on the date de- and Reservists Financial Relief Act of 2004’’. ‘‘(ii) the differential wage payment shall be scribed in subparagraph (A)(ii) (or, if earlier, SEC. 2. PENALTY-FREE WITHDRAWALS FROM RE- treated as compensation, and the date the plan or contract amendment is TIREMENT PLANS FOR INDIVIDUALS ‘‘(iii) the plan shall not be treated as fail- adopted), the plan or contract is operated as CALLED TO ACTIVE DUTY FOR AT ing to meet the requirements of any provi- if such plan or contract amendment were in LEAST 179 DAYS. sion described in paragraph (1)(C) by reason effect; and (a) IN GENERAL.—Paragraph (2) of section of any contribution which is based on the (ii) such plan or contract amendment ap- 72(t) of the Internal Revenue Code of 1986 (re- differential wage payment. plies retroactively for such period.

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SEC. 5. READY RESERVE-NATIONAL GUARD EM- ‘‘(e) TERMINATION.—This section shall not (a) by reason of paragraph (1)(I) to a tax- PLOYEE CREDIT AND READY RE- apply to any amount paid or incurred after payer for— SERVE-NATIONAL GUARD REPLACE- December 31, 2005.’’. ‘‘(i) any taxable year, beginning after the MENT EMPLOYEE CREDIT. (2) CREDIT TO BE PART OF GENERAL BUSINESS date of the enactment of this section, in (a) READY RESERVE-NATIONAL GUARD CRED- CREDIT.—Subsection (b) of section 38 of the which the taxpayer is under a final order, IT.— Internal Revenue Code of 1986 (relating to judgment, or other process issued or required (1) IN GENERAL.—Subpart D of part IV of general business credit) is amended by strik- by a district court of the United States subchapter A of chapter 1 of the Internal ing ‘‘plus’’ at the end of paragraph (18), by under section 4323 of title 38 of the United Revenue Code of 1986 (relating to business-re- striking the period at the end of paragraph States Code with respect to a violation of lated credits) is amended by inserting after (19) and inserting ‘‘, plus’’, and by adding at chapter 43 of such title, and section 45I the following new section: the end the following: ‘‘(ii) the 2 succeeding taxable years.’’. ‘‘SEC. 45J. READY RESERVE-NATIONAL GUARD ‘‘(20) the Ready Reserve-National Guard (3) EFFECTIVE DATE.—The amendments EMPLOYEE CREDIT. employee credit determined under section made by this subsection shall apply to ‘‘(a) GENERAL RULE.—For purposes of sec- 45J(a).’’. amounts paid or incurred to an individual tion 38, in the case of an eligible taxpayer, (3) DENIAL OF DOUBLE BENEFIT.—Section who begins work for the employer after Sep- the Ready Reserve-National Guard employee 280C(a) of the Internal Revenue Code of 1986 tember 30, 2004. credit determined under this section for any (relating to rule for employment credits) is (c) STUDY BY GAO.— (1) IN GENERAL.—The Comptroller General taxable year with respect to each Ready Re- amended by inserting ‘‘45J(a),’’ after of the United States shall study the fol- serve-National Guard employee of such tax- ‘‘45A(a),’’. lowing: payer is an amount equal to 50 percent of the (4) CONFORMING AMENDMENT.—The table of (A) What, if any, problems exist in recruit- lesser of— sections for subpart D of part IV of sub- ing individuals for a reserve component of an ‘‘(1) the actual compensation amount with chapter A of chapter 1 of the Internal Rev- Armed Force of the United States. respect to such employee for such taxable enue Code of 1986 is amended by inserting (B) What, if any, problems exist as the re- year, or after the item relating to section 45I the fol- sult of providing differential wage payments ‘‘(2) $30,000. lowing: (as defined in section 3401(i)(2) of the Inter- ‘‘(b) DEFINITION OF ACTUAL COMPENSATION ‘‘Sec. 45J. Ready Reserve-National Guard nal Revenue Code of 1986 (as added by this AMOUNT.—For purposes of this section, the employee credit.’’. Act)) to individuals described in subpara- term ‘actual compensation amount’ means (5) EFFECTIVE DATE.—The amendments graph (A) in the recruitment and retention the amount of compensation paid or incurred made by this subsection shall apply to of individuals as regular members of the by an eligible taxpayer with respect to a amounts paid or incurred after September 30, Armed Forces of the United States. Ready Reserve-National Guard employee on 2004, in taxable years ending after such date. (C) Whether the credit allowed under sec- any day when the employee was absent from (b) READY RESERVE-NATIONAL GUARD RE- tion 45J of the Internal Revenue Code of 1986 employment for the purpose of performing PLACEMENT EMPLOYEE CREDIT.— (as added by this section) is an effective in- qualified active duty. (1) IN GENERAL.—Paragraph (1) of section centive for the hiring and retention of em- ‘‘(c) LIMITATIONS.—No credit shall be al- 51(d) of the Internal Revenue Code of 1986 (re- ployees who are individuals described in sub- lowed with respect to any day that a Ready lating to members of targeted groups) is paragraph (A) and whether there exists any Reserve-National Guard employee who per- amended by striking ‘‘or’’ at the end of sub- compliance problems in the administration forms qualified active duty was not sched- paragraph (G), by striking the period at the of such credit. uled to work (for reason other than to par- end of subparagraph (H) and inserting ‘‘, or’’ (2) REPORT.—The Comptroller General of ticipate in qualified active duty). and by adding at the end the following new the United States shall report on the results ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For subparagraph: of the study required under paragraph (1) to purposes of this section— ‘‘(I) a qualified replacement employee.’’. the Committee of Finance of the Senate and ‘‘(1) ELIGIBLE TAXPAYER.— (2) QUALIFIED REPLACEMENT EMPLOYEE.— the Committee on Ways and Means of the ‘‘(A) IN GENERAL.—The term ‘eligible tax- Section 51(d) of the Internal Revenue Code of House of Representatives before July 1, 2005. payer’ means a small business employer. 1986 is amended by redesignating paragraphs SEC. 6. PENALTY FREE WITHDRAWALS FROM RE- ‘‘(B) SMALL BUSINESS EMPLOYER.— (10), (11), and (12) as paragraphs (11), (12), and TIREMENT PLANS FOR VICTIMS OF ‘‘(i) IN GENERAL.—The term ‘small business (13), respectively, and by inserting after FEDERALLY DECLARED NATURAL employer’ means, with respect to any tax- paragraph (9) the following new paragraph: DISASTERS. able year, any employer who employed an ‘‘(10) QUALIFIED REPLACEMENT EMPLOYEE.— (a) IN GENERAL.—Paragraph (2) of section average of 50 or fewer employees on business ‘‘(A) IN GENERAL.—The term ‘qualified re- 72(t) of the Internal Revenue Code of 1986 (re- days during such taxable year. placement employee’ means an individual lating to 10-percent additional tax on early ‘‘(ii) CONTROLLED GROUPS.—For purposes of who is certified by the designated local agen- distributions from qualified retirement clause (i), all persons treated as a single em- cy as being hired by an eligible taxpayer to plans), as amended by this Act, is amended ployer under subsection (b), (c), (m), or (o) of replace a Ready Reserve-National Guard em- by adding at the end the following new sub- section 414 shall be treated as a single em- ployee of such taxpayer, but only with re- paragraph: ployer. spect to the period during which such Ready ‘‘(H) DISTRIBUTIONS FROM RETIREMENT ‘‘(2) QUALIFIED ACTIVE DUTY.—The term Reserve-National Guard employee partici- PLANS TO VICTIMS OF FEDERALLY DECLARED ‘qualified active duty’ means— pates in qualified active duty, including time NATURAL DISASTERS.— ‘‘(A) active duty under an order or call for spent in travel status. ‘‘(i) IN GENERAL.—Any qualified disaster- a period in excess of 179 days or for an indefi- ‘‘(B) GENERAL DEFINITIONS AND SPECIAL relief distribution. nite period, other than the training duty RULES.—For purposes of this paragraph— ‘‘(ii) QUALIFIED DISASTER-RELIEF DISTRIBU- specified in section 10147 of title 10, United ‘‘(i) ELIGIBLE TAXPAYER.—The term ‘eligi- TION.—For purposes of this subparagraph, the States Code (relating to training require- ble taxpayer’ means a small business em- term ‘qualified disaster-relief distribution’ ments for the Ready Reserve), or section ployer. means any distribution to an individual who 502(a) of title 32, United States Code (relat- ‘‘(ii) SMALL BUSINESS EMPLOYER.— has sustained a loss in excess of $100 as a re- ing to required drills and field exercises for ‘‘(I) IN GENERAL.—The term ‘small business sult of a major disaster declared under the the National Guard), in connection with employer’ means, with respect to any tax- Robert T. Stafford Disaster Relief and Emer- which an employee is entitled to reemploy- able year, any employer who employed an gency Assistance Act— ment rights and other benefits or to a leave average of 50 or fewer employees on business ‘‘(I) if such distribution is made from any of absence from employment under chapter days during such taxable year. qualified retirement plan (as defined in sec- 43 of title 38, United States Code, and ‘‘(II) CONTROLLED GROUPS.—For purposes of tion 4974(c)) during the 1-year period begin- ‘‘(B) hospitalization incident to such duty. subclause (I), all persons treated as a single ning on the date such declaration is made, ‘‘(3) COMPENSATION.—The term ‘compensa- employer under subsection (b), (c), (m), or (o) and tion’ means any remuneration for employ- of section 414 shall be treated as a single em- ‘‘(II) to the extent such distribution does ment, whether in cash or in kind, which is ployer. not exceed the amount of such loss and is not paid or incurred by a taxpayer and which is ‘‘(iii) READY RESERVE-NATIONAL GUARD EM- compensated for by insurance or otherwise. deductible from the taxpayer’s gross income PLOYEE.—The term ‘Ready Reserve-National For purposes of subclause (II), the amount of under section 162(a)(1). Guard employee’ has the meaning given such any loss shall be determined using the great- ‘‘(4) READY RESERVE-NATIONAL GUARD EM- term by section 45J(d)(3). er of the fair market value of the property PLOYEE.—The term ‘Ready Reserve-National ‘‘(iv) QUALIFIED ACTIVE DUTY.—The term on the day before the date of such disaster or Guard employee’ means an employee who is ‘qualified active duty’ has the meaning given the adjusted basis of the property as pro- a member of the Ready Reserve of a reserve such term by section 45J(d)(1). vided in section 1011, less any compensation component of an Armed Force of the United ‘‘(C) DISALLOWANCE FOR FAILURE TO COMPLY for such loss that the individual has received States as described in sections 10142 and WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS as of the date of such distribution and any 10101 of title 10, United States Code. OF MEMBERS OF THE RESERVE COMPONENTS OF compensation for such loss that the indi- ‘‘(5) CERTAIN RULES TO APPLY.—Rules simi- THE ARMED FORCES OF THE UNITED STATES.— vidual expects to receive, based on a reason- lar to the rules of section 52 shall apply. No credit shall be allowed under subsection able estimate. Any difference between the

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amount of compensation that an individual entities of the categories listed under para- (2) ADMINISTRATOR.—The term ‘‘Adminis- expects to receive on the basis of such an es- graphs (1) and (2) to prepare annual financial trator’’ means the Administrator of the En- timate and actually receives shall not be in- statements and to have such statements vironmental Protection Agency. cluded in the individual’s gross income.’’. independently audited; (3) COMMITTEE.—The term ‘‘Committee’’ (b) EXEMPTION OF DISTRIBUTIONS FROM (4) an assessment of how to reduce the means the Long Island Sound Stewardship WITHHOLDING.—Paragraph (4) of section costs of preparing the financial statements Advisory Committee established by section 402(c) of the Internal Revenue Code of 1986 and performing independent audits for Fed- 5(a). (relating to eligible rollover distribution) is eral entities of the categories listed under (4) REGION.—The term ‘‘Region’’ means the amended by striking ‘‘and’’ at the end of sub- paragraphs (1) and (2); and Long Island Sound Stewardship Initiative paragraph (B), by striking the period at the (5) an assessment of the benefits of im- Region established by section 4(a). end of subparagraph (C) and inserting ‘‘, proved financial oversight encompassing the (5) STATES.—The term ‘‘States’’ means the and’’, and by inserting at the end the fol- executive branch, including the Federal enti- States of Connecticut and New York. lowing new subparagraph: ties of the categories listed under paragraphs (6) STEWARDSHIP SITE.—The term ‘‘steward- ‘‘(D) any qualified disaster-relief distribu- (1) and (2), and an assessment of the feasi- ship site’’ means a site that— tion (within the meaning of section bility of preparing annual financial state- (A) qualifies for identification by the Com- 72(t)(2)(H).’’. ments and independently audited statements mittee under section 8; and (c) CONFORMING AMENDMENTS.— for the Federal entities in the categories (B) is an area of land or water or a com- (1) Section 401(k)(2)(B)(i) of the Internal listed under paragraphs (1) and (2). bination of land and water— Revenue Code of 1986 is amended by striking (i) that is in the Region; and ‘‘or’’ at the end of subclause (III), by striking SA 4064. Mr. FRIST (for Mr. (ii) that is— ‘‘and’’ at the end of subclause (IV) and in- LIEBERMAN) proposed an amendment to (I) Federal, State, local, or tribal land or serting ‘‘or’’, and by inserting after sub- the bill S. 2691, to establish the Long water; clause (IV) the following new subclause: Island Sound Stewardship Initiative; as (II) land or water owned by a nonprofit or- ‘‘(V) the date on which a period referred to follows: ganization; or in section 72(t)(2)(H)(ii)(I) begins (but only to Strike all after the enacting clause and in- (III) privately owned land or water. the extent provided in section 72(t)(2)(H)), sert the following: (7) SYSTEMATIC SITE SELECTION.—The term and’’. ‘‘systematic site selection’’ means a process (2) Section 403(b)(7)(A)(ii) of such Code is SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Long Island of selecting stewardship sites that— amended by inserting ‘‘sustains a loss as a Sound Stewardship Act of 2004’’. (A) has explicit goals, methods, and cri- result of a major disaster declared under the teria; SEC. 2. FINDINGS AND PURPOSE. Robert T. Stafford Disaster Relief and Emer- (B) produces feasible, repeatable, and de- (a) FINDINGS.—Congress finds that— gency Assistance Act (but only to the extent fensible results; (1) Long Island Sound is a national treas- provided in section 72(t)(2)(H)),’’ before ‘‘or’’. (C) provides for consideration of natural, ure of great cultural, environmental, and ec- (3) Section 403(b)(11) of such Code is amend- physical, and biological patterns, ological importance; ed by striking ‘‘or’’ at the end of subpara- (D) addresses reserve size, replication, (2) 8,000,000 people live within the Long Is- graph (A), by striking the period at the end connectivity, species viability, location, and land Sound watershed and 28,000,000 people of subparagraph (B) and inserting ‘‘, or’’, and public recreation values; (approximately 10 percent of the population by inserting after subparagraph (B) the fol- (E) uses geographic information systems of the United States) live within 50 miles of lowing new subparagraph: technology and algorithms to integrate se- Long Island Sound; ‘‘(C) for distributions to which section lection criteria; and (3) activities that depend on the environ- 72(t)(2)(H) applies.’’. (F) will result in achieving the goals of mental health of Long Island Sound con- (d) EFFECTIVE DATE.—The amendments stewardship site selection at the lowest cost. tribute more than $5,000,000,000 each year to made by this section shall apply to distribu- (8) THREAT.—The term ‘‘threat’’ means a the regional economy; tions received in taxable years beginning threat that is likely to destroy or seriously (4) the portion of the shoreline of Long Is- after December 31, 2003. degrade a conservation target or a recreation land Sound that is accessible to the general area. SA 4062. Mr. FRIST (for Mr. CONRAD) public (estimated at less than 20 percent of SEC. 4. LONG ISLAND SOUND STEWARDSHIP INI- proposed an amendment to the concur- the total shoreline) is not adequate to serve the needs of the people living in the area; TIATIVE REGION. rent resolution S. Con. Res. 136, hon- (5) existing shoreline facilities are in many (a) ESTABLISHMENT.—There is established oring and memorializing the pas- cases overburdened and underfunded; in the States the Long Island Sound Stew- sengers and crew of United Airlines (6) large parcels of open space already in ardship Initiative Region. Flight 93; as follows: public ownership are strained by the effort (b) BOUNDARIES.—The Region shall encom- Beginning on page 2, strike line 10 and all to balance the demand for recreation with pass the immediate coastal upland and un- that follows through page 3, line 8, and insert the needs of sensitive natural resources; derwater areas along Long Island Sound, in- the following: (7) approximately 1⁄3 of the tidal marshes of cluding those portions of the Sound with (3) not later than January 1, 2006, the Long Island Sound have been filled, and coastally influenced vegetation, as described Speaker of the House of Representatives, the much of the remaining marshes have been on the map entitled the ‘‘Long Island Sound minority leader of the House of Representa- ditched, dyked, or impounded, reducing the Stewardship Region’’ and dated April 21, tives, the majority leader of the Senate, and ecological value of the marshes; and 2004. (8) much of the remaining exemplary nat- the minority leader of the Senate shall se- SEC. 5. LONG ISLAND SOUND STEWARDSHIP AD- lect an appropriate memorial that shall be ural landscape is vulnerable to further devel- VISORY COMMITTEE. opment. located in the United States Capitol Build- (a) ESTABLISHMENT.—There is established a ing and that shall honor the passengers and (b) PURPOSE.—The purpose of this Act is to establish the Long Island Sound Stewardship committee to be known as the ‘‘Long Island crew of Flight 93, who saved the United Sound Stewardship Advisory Committee’’. States Capitol Building from destruction; Initiative to identify, protect, and enhance (b) CHAIRPERSON.—The Chairperson of the and sites within the Long Island Sound eco- Committee shall be the Director of the Long (4) the memorial shall state the purpose of system with significant ecological, edu- Island Sound Office of the Environmental the honor and the names of the passengers cational, open space, public access, or rec- Protection Agency, or a designee of the Di- and crew of Flight 93 on whom the honor is reational value through a bi-State network of sites best exemplifying these values. rector. bestowed. SEC. 3. DEFINITIONS. (c) MEMBERSHIP.— SA 4063. Mr. FRIST (for Mr. FITZ- In this Act: (1) COMPOSITION.— (1) ADAPTIVE MANAGEMENT.—The term (A) APPOINTMENT OF MEMBERS.— GERALD) proposed an amendment to the ‘‘adaptive management’’ means a scientific (i) IN GENERAL.—The Chairperson shall ap- bill S. 2688, to provide for a report of process— point the members of the Committee in ac- Federal entities without annually au- (A) for— cordance with this subsection and section dited financial statements; as follows: (i) developing predictive models; 320(c) of the Federal Water Pollution Control On page 2, line 10, strike ‘‘60 days’’ and in- (ii) making management policy decisions Act (33 U.S.C. 1330(c)). sert ‘‘120 days’’. based upon the model outputs; (ii) ADDITIONAL MEMBERS.—In addition to On page 3, line 2, insert after ‘‘temporary (iii) revising the management policies as the requirements described in clause (i), the commissions’’ the following: ‘‘in existence at data become available with which to evalu- Committee shall include— least 12 months’’. ate the policies; and (I) a representative from the Regional Plan On page 3, strike beginning with line 9 (iv) acknowledging uncertainty, com- Association; through page 4, line 4, and insert the fol- plexity, and variance in the spatial and tem- (II) a representative of the marine trade lowing: poral aspects of natural systems; and organizations; and (3) an assessment of the capability of and (B) that requires that management be (III) a representative of private landowner the costs that would be incurred for Federal viewed as experimental. interests.

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(B) REPRESENTATION.—In appointing mem- and places, take such testimony, and receive stewardship sites using a selection technique bers to the Committee, the Chairperson shall such evidence as the Committee considers that includes— consider— advisable to carry out this Act. (A) public access; (i) Federal, State, and local government (b) INFORMATION FROM FEDERAL AGEN- (B) community support; interests; CIES.— (C) areas with high population density; (ii) the interests of nongovernmental orga- (1) IN GENERAL.—The Committee may se- (D) environmental justice (as defined in nizations; cure directly from a Federal agency such in- section 385.3 of title 33, Code of Federal Reg- (iii) academic interests; and formation as the Committee considers nec- ulations (or successor regulations)); (iv) private interests. essary to carry out this Act. (E) connectivity to existing protected (2) DATE OF APPOINTMENTS.—Not later than (2) PROVISION OF INFORMATION.— areas and open spaces; 180 days after the date of enactment of this (A) IN GENERAL.—Subject to subparagraph (F) cultural, historic, and scenic areas; and Act, the appointment of all members of the (C), on request of the Chairperson of the (G) other criteria developed by the Com- Committee shall be made. Committee, the head of a Federal agency mittee. (d) TERM; VACANCIES.— shall provide the information requested by (2) NATURAL AREAS WITH ECOLOGICAL (1) TERM.— the Chairperson to the Committee. VALUE.—The Committee shall identify addi- (A) IN GENERAL.—A member shall be ap- (B) ADMINISTRATION.—The furnishing of in- tional natural areas with ecological value pointed for a term of 4 years. formation by a Federal agency to the Com- and potential as stewardship sites— (B) MULTIPLE TERMS.—A person may be ap- mittee shall not be considered a waiver of (A) based on measurable conservation tar- pointed as a member of the Committee for any exemption available to the agency under gets for the Region; and more than 1 term. section 552 of title 5, United States Code. (B) following a process for prioritizing new (2) VACANCIES.—A vacancy on the Com- (C) INFORMATION TO BE KEPT CONFIDEN- sites using systematic site selection, which mittee shall— TIAL.— shall include— (A) be filled not later than 90 days after (i) IN GENERAL.—For purposes of section (i) ecological uniqueness; the vacancy occurs; 1905 of title 18, United States Code— (ii) species viability; (B) not affect the powers of the Committee; (I) the Committee shall be considered an (iii) habitat heterogeneity; and agency of the Federal Government; and (iv) size; (C) be filled in the same manner as the (II) any individual employed by an indi- (v) quality; original appointment was made. vidual, entity, or organization that is a (vi) connectivity to existing protected (3) STAFF.— party to a contract with the Committee areas and open spaces; (A) IN GENERAL.—The Chairperson of the under this Act shall be considered an em- (vii) land cover; Committee may appoint and terminate per- ployee of the Committee. (viii) scientific, research, or educational sonnel as necessary to enable the Committee (ii) PROHIBITION ON DISCLOSURE.—Informa- value; to perform the duties of the Committee. tion obtained by the Committee, other than (ix) threats; and (B) PERSONNEL AS FEDERAL EMPLOYEES.— information that is available to the public, (x) other criteria developed by the Com- (i) IN GENERAL.—Any personnel of the Com- shall not be disclosed to any person in any mittee. mittee who are employees of the Committee manner except to an employee of the Com- (3) PUBLICATION OF LIST.—After completion shall be employees under section 2105 of title mittee as described in clause (i), for the pur- of the site identification process, the Com- 5, United States Code, for purposes of chap- pose of receiving, reviewing, or processing mittee shall— ters 63, 81, 83, 84, 85, 87, 89, and 90 of that the information. (A) publish in the Federal Register a list of title. (c) POSTAL SERVICES.—The Committee may sites that further the purposes of this Act; (ii) MEMBERS OF COMMITTEE.—Clause (i) use the United States mails in the same and does not apply to members of the Com- manner and under the same conditions as (B) prior to publication of the list, provide mittee. other agencies of the Federal Government. to owners of the sites to be published— (e) INITIAL MEETING.—Not later than 30 (d) DONATIONS.—The Committee may ac- (i) a notification of publication; and days after the date on which all members of cept, use, and dispose of donations of serv- (ii) an opportunity to decline inclusion of the Committee have been appointed, the ices or property that advance the goals of the site of the owner on the list. Committee shall hold the initial meeting of the Long Island Sound Stewardship Initia- (4) DEVIATION FROM PROCESS.— the Committee. tive. (A) IN GENERAL.—The Committee may (f) MEETINGS.—The Committee shall meet at the call of the Chairperson, but no fewer SEC. 8. STEWARDSHIP SITES. identify as a potential stewardship site, a than 4 times each year. (a) INITIAL SITES.— site that does not meet the criteria in para- (g) QUORUM.—A majority of the members of (1) IDENTIFICATION.— graph (1) or (2), or reject a site selected the Committee shall constitute a quorum, (A) IN GENERAL.—The Committee shall under paragraph (1) or (2), if the Com- but a lesser number of members may hold identify 20 initial Long Island Sound stew- mittee— hearings. ardship sites that the Committee has deter- (i) selects a site that makes significant ec- SEC. 6. DUTIES OF THE COMMITTEE. mined— ological or recreational contributions to the The Committee shall— (i)(I) are natural resource-based recreation Region; (1) consistent with the guidelines described areas; or (ii) publishes the reasons that the Com- in section 8— (II) are exemplary natural areas with eco- mittee decided to deviate from the system- (A) evaluate applications from government logical value; and atic site selection process; and or nonprofit organizations qualified to hold (ii) best promote the purposes of this Act. (iii) before identifying or rejecting the po- conservation easements for funds to pur- (B) EXEMPTION.—Sites described in sub- tential stewardship site, provides to the own- chase land or development rights for stew- paragraph (A) are not subject to the site ers of the site the notification of publication, ardship sites; identification process described in sub- and the opportunity to decline inclusion of (B) evaluate applications to develop and section (d). the site on the list published under para- implement management plans to address (2) EQUITABLE DISTRIBUTION OF FUNDS FOR graph (3)(A), described in paragraph (3)(B). threats; INITIAL SITES.—In identifying initial sites (5) PUBLIC COMMENT.—In identifying poten- (C) evaluate applications to act on oppor- under paragraph (1), the Committee shall tial stewardship sites, the Committee shall tunities to protect and enhance stewardship exert due diligence to recommend an equi- consider public comments. sites; and table distribution of funds between the (e) GENERAL GUIDELINES FOR MANAGE- (D) recommend that the Administrator States for the initial sites. MENT.— award grants to qualified applicants; (b) APPLICATION FOR IDENTIFICATION AS A (1) IN GENERAL.—The Committee shall use (2) recommend guidelines, criteria, sched- STEWARDSHIP SITE.—Subsequent to the iden- an adaptive management framework to iden- ules, and due dates for evaluating informa- tification of the initial stewardship sites tify the best policy initiatives and actions tion to identify stewardship sites; under subsection (a), owners of sites may through— (3) publish a list of sites that further the submit applications to the Committee in ac- (A) definition of strategic goals; purposes of this Act, provided that owners of cordance with subsection (c) to have the (B) definition of policy options for methods sites shall be— sites identified as stewardship sites. to achieve strategic goals; (A) notified prior to the publication of the (c) IDENTIFICATION.—The Committee shall (C) establishment of measures of success; list; and review applications submitted by owners of (D) identification of uncertainties; (B) allowed to decline inclusion on the list; potential stewardship sites to determine (E) development of informative models of (4) raise awareness of the values of and whether the sites shall be identified as exhib- policy implementation; threats to these sites; and iting values consistent with the purposes of (F) separation of the landscape into geo- (5) leverage additional resources for im- this Act. graphic units; proved stewardship of the Region. (d) SITE IDENTIFICATION PROCESS.— (G) monitoring key responses at different SEC. 7. POWERS OF THE COMMITTEE. (1) NATURAL RESOURCE-BASED RECREATION spatial and temporal scales; and (a) HEARINGS.—The Committee may hold AREAS.—The Committee shall identify addi- (H) evaluation of outcomes and incorpora- such hearings, meet and act at such times tional recreation areas with potential as tion into management strategies.

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(2) APPLICATION OF ADAPTIVE MANAGEMENT (2) modifies any provision of Federal, (3) recognizes the need for enhanced public FRAMEWORK.—The Committee shall apply the State, or local law with regard to public ac- awareness of Tourette Syndrome; and adaptive management framework to the cess to or use of private property, except as (4) supports the goals and ideals of Na- process for updating the list of recommended entered into by voluntary agreement of the tional Tourette Syndrome Awareness Month. stewardship sites. owner or custodian of the property. SEC. 9. REPORTS. (b) LIABILITY.—Approval of the Long Island SA 4066. Mr. FRIST (for Mr. SMITH) (a) IN GENERAL.—For each of fiscal years Sound Stewardship Initiative Region does proposed an amendment to the concur- 2006 through 2013, the Committee shall sub- not create any liability, or have any effect rent resolution S. Con. Res. 113, recog- mit to the Administrator an annual report on any liability under any other law, of any nizing the importance of early diag- that contains— private property owner with respect to any person injured on the private property. nosis, proper treatment, and enhanced (1) a detailed statement of the findings and public awareness of Tourette Syndrome conclusions of the Committee since the last (c) RECOGNITION OF AUTHORITY TO CONTROL report; LAND USE.—Nothing in this Act modifies the and supporting the goals and ideals of (2) a description of all sites recommended authority of Federal, State, or local govern- National Tourette Syndrome Aware- by the Committee to be approved as steward- ments to regulate land use. ness Month; as follows: (d) PARTICIPATION OF PRIVATE PROPERTY ship sites; Strike the preamble and insert the fol- OWNERS IN THE LONG ISLAND SOUND STEWARD- (3) the recommendations of the Committee lowing: SHIP INITIATIVE REGION.—Nothing in this Act for such legislation and administrative ac- requires the owner of any private property Whereas Tourette Syndrome is an inher- tions as the Committee considers appro- located within the boundaries of the Region ited neurological disorder characterized by priate; and to participate in or be associated with the involuntary and sudden movements or re- (4) in accordance with subsection (b), the Initiative. peated vocalizations; recommendations of the Committee for the (e) EFFECT OF ESTABLISHMENT.— Whereas approximately 200,000 people in awarding of grants. (1) IN GENERAL.—The boundaries approved the United States have been diagnosed with (b) GENERAL GUIDELINES FOR RECOMMENDA- for the Region represent the area within Tourette Syndrome and many more remain TIONS.— which Federal funds appropriated for the undiagnosed; (1) IN GENERAL.—The Committee shall rec- purpose of this Act may be expended. Whereas lack of public awareness has in- ommend that the Administrator award (2) REGULATORY AUTHORITY.—The establish- creased the social stigma attached to grants to qualified applicants to help to se- ment of the Region and the boundaries of the Tourette Syndrome; cure and improve the open space, public ac- Region does not provide any regulatory au- Whereas early diagnosis and treatment of cess, or ecological values of stewardship thority not in existence on the date of enact- Tourette Syndrome can prevent physical and sites, through— ment of this Act on land use in the Region psychological harm; (A) purchase of the property of the site; by any management entity, except for such Whereas there is not known cure for (B) purchase of relevant property rights of property rights as may be purchased from or Tourette Syndrome and treatment involves the site; or donated by the owner of the property (in- multiple medications and therapies; and (C) entering into any other binding legal cluding the Federal Government or a State Whereas May 15 through June 15 has been arrangement that ensures that the values of or local government, if applicable). designated as National Tourette Syndrome the site are sustained, including entering Awareness Month, the goal of which is to into an arrangement with a land manager or SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—There is authorized to be educate the public about the nature and ef- owner to develop or implement an approved appropriated to carry out this Act $25,000,000 fects of Tourette Syndrome; Now, therefore, management plan that is necessary for the for each of fiscal years 2006 through 2013. be it ... conservation of natural resources. (b) USE OF FUNDS.—For each fiscal year, QUITABLE DISTRIBUTION OF FUNDS.—The (2) E funds made available under subsection (a) SA 4067. Mr. FRIST (for Mr. SMITH) Committee shall exert due diligence to rec- shall be used by the Administrator, after re- proposed an amendment to the concur- ommend an equitable distribution of funds viewing the recommendations of the Com- rent resolution S. Con. Res. 113, recog- between the States. mittee submitted under section 9, for— (c) ACTION BY THE ADMINISTRATOR.— nizing the importance of early diag- (1) acquisition of land and interests in (1) IN GENERAL.—Not later than 90 days nosis, proper treatment, and enhanced land; after receiving a report under subsection (a), public awareness of Tourette Syndrome (2) development and implementation of the Administrator shall— site management plans; and supporting the goals and ideals of (A) review the recommendations of the (3) site enhancements to reduce threats or National Tourette Syndrome Aware- Committee; and promote stewardship; and ness Month; as follows: (B) take actions consistent with the rec- (4) administrative expenses of the Com- Amend the title so as to read ‘‘Recognizing ommendations of the Committee, including mittee. the importance of early diagnosis, proper the approval of identified stewardship sites (c) FEDERAL SHARE.—The Federal share of treatment, and enhanced public awareness of and the award of grants, unless the Adminis- the cost of an activity carried out using any Tourette Syndrome and supporting the goals trator makes a finding that any rec- assistance or grant under this Act shall not and ideas of National Tourette Syndrome ommendation is unwarranted by the facts. exceed 75 percent of the total cost of the ac- Awareness Month.’’ (2) REPORT.—Not later than 1 year after tivity. the date of enactment of this Act, the Ad- f SEC. 12. LONG ISLAND SOUND AUTHORIZATION ministrator shall develop and publish a re- OF APPROPRIATIONS. ORDER OF BUSINESS port that— Section 119(f) of the Federal Water Pollu- (A) assesses the current resources of and tion Control Act (33 U.S.C. 1269(f)) is amend- Mr. FRIST. Mr. President, we have threats to Long Island Sound; ed by striking ‘‘2005’’ each place it appears had a very long day, a long day yester- (B) assesses the role of the Long Island and inserting ‘‘2009’’. day, and a long day the day before—a Sound Stewardship Initiative in protecting SEC. 13. TERMINATION OF COMMITTEE. Long Island Sound; very, very long day today. We are The Committee shall terminate on Decem- going to be wrapping up here fairly (C) establishes guidelines, criteria, sched- ber 31, 2013. ules, and due dates for evaluating informa- quickly. But I have a lot of business to tion to identify stewardship sites; SA 4065. Mr. FRIST (for Mr. SMITH) go through. So we will go through it, (D) includes information about any grants proposed an amendment to the concur- and I will make some comments after that are available for the purchase of land or rent resolution S. Con. Res. 113, recog- that. property rights to protect stewardship sites; (E) accounts for funds received and ex- nizing the importance of early diag- f nosis, proper treatment, and enhanced pended during the previous fiscal year; UNANIMOUS CONSENT AGREE- (F) shall be made available to the public on public awareness of Tourette Syndrome MENT—EXECUTIVE CALENDAR the Internet and in hardcopy form; and and supporting the goals and ideals of (G) shall be updated at least every other National Tourette Syndrome Aware- NO. 915 year, except that information on funding and ness Month; as follows: Mr. FRIST. Mr. President, as in exec- any new stewardship sites identified shall be Strike all after the resolving clause and in- utive session, I ask unanimous consent published more frequently. sert the following: that on Tuesday, November 16, at a SEC. 10. PRIVATE PROPERTY PROTECTION. That Congress— time determined by the majority lead- (a) ACCESS TO PRIVATE PROPERTY.—Noth- (1) recognizes the impact that Tourette er, after consultation with the Demo- ing in this Act— Syndrome can have on people living with the cratic leader, the Senate proceed to ex- (1) requires any private property owner to disorder; allow public access (including Federal, (2) recognizes the importance of an early ecutive session to consider the fol- State, or local government access) to the pri- diagnosis and proper treatment of Tourette lowing nomination on today’s Execu- vate property; or Syndrome; tive Calendar, Calendar No. 915, the

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00131 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.151 S11PT1 S11322 CONGRESSIONAL RECORD — SENATE October 11, 2004 nomination of Francis Harvey, to be Ordered, That the following nomination be James M. Schaeffer Secretary of the Army. referred to the Committee on Health, Edu- To be senior assistant dental surgeon cation, Labor, and Pensions: I further ask unanimous consent that Kenneth S. Cho Jon C. Strauss, of California, to be a Mem- there then be 2 hours for debate under Cielo C. Doherty ber of the National Science Board, National Ronald L. Fuller the control of Senator REED of Rhode Science Foundation for a term expiring May Tameka D. Lewis-Baker Island and 1 hour for debate under the 10, 2010, vice Joseph A. Miller, Jr., term ex- Laura J. Lund control of Chairman WARNER; further, pired. Robin G. Scheper that after the use or expiration of that Ordered, That the following nomination be Robert P. Sewell referred to the Committee on Health, Edu- debate time, the Senate proceed to a Anthony Vitali cation, Labor, and Pensions: vote on the confirmation of the nomi- James H. Webb Jr. nation; further that following the vote, Kathryn D. Sullivan, of Ohio, to be a Mem- ber of the National Science Board, National To be senior nurse officer the President be immediately notified Science Foundation for a term expiring May Marjorie E. Eddinger of the Senate’s action, and the Senate 10, 2010, vice Pamela A. Ferguson. Rose A. Jenkins then return to legislative session. To be nurse officer The PRESIDING OFFICER. Without Ordered, That the following nominations Rosa J. Clark be referred to the Committee on Health, objection, it is so ordered. Philip Jarres Education, Labor and Pensions: f Ivy L. Manning The following candidates for personnel ac- Joyce A. Prince tion in the regular corps of the Public Health NOMINATIONS PLACED ON THE Doris L. Raymond Service subject to qualifications therefor as CALENDAR Michael L. Robinson provided by law and regulations: Mr. FRIST. Mr. President, as in exec- To be senior assistant nurse officer To be medical director utive session, I ask unanimous consent Diane M. Aker Timothy D. Mastro that the HELP Committee be dis- Ileane Barreto-Pettit Stephen C. Redd charged from the list of nominations Kelly L. Barry that are currently at the desk; and fur- To be senior surgeon Theodora R. Bradley ther that they be placed on the cal- David R. Arday Frank L. Cordova endar. Diane E. Bennett William F. Coyner David B. Canton Derwent O. Daniel The PRESIDING OFFICER. Without Louisa E. Chapman Belinda E. Dean objection, it is so ordered. Isabella A. Danel Jenny Doan The list is as follows: Karen M. Farizo Deanna M. Gephart NOMINATION REFERENCE AND REPORT James R. Graham John S. Hartford Ordered, That the following nomination be Stephen G. Kaler Erik S. Hierholzer referred to the Committee on Health, Edu- Marcel E. Salive Eric M. Howser cation, Labor, and Pensions: Gail M. Stennies Chad W. Koratich Milton Aponte, of Florida, to be a Member Kim M. Willard-Jelks Delia Marquez-Ellis of the National Council on Disability for a To be surgeon Lisa A. Marunycz term expiring September 17, 2006. (Re- John T. Brooks Carolyn J. McKeown appointment) Elizabeth C. Clark Antonio Palladino Ordered, That the following nomination be Rodney W. Cuny Shelly K. Paynter referred to the Committee on Health, Edu- Reuben Granich Thuyle T. Pham cation, Labor, and Pensions: Lisa A. Grohskopf Phil B. Sargent Dan Arvizu, of Colorado, to be a Member of Paul T. Harvey Donna K. Strong the National Science Board, National Daniel B. Jernigan Judith B. Sutcliffe Science Foundation for a term expiring May Amy J. Khan Amy O. Taylor 10, 2010, vice Maxine L. Savitz, term expired. Matthew J. Kuehnert Nancy L. Tone Ordered, That the following nomination be Rachel E. Locker Theresa Tsosie-Robledo referred to the Committee on Health, Edu- Sharon L. Ludwig Victoria F. Vachon cation, Labor, and Pensions: Jeffrey B. Nemhauser Dawn L. Will Steven C. Beering, of Indiana, to be a Mem- Lisa D. Rotz Zenja D. Woodley ber of the National Science Board, National Jeffrey C. Salvon-Harman To be assistant nurse officer Science Foundation for a term expiring May Laura A. Tillman Glenn R. Archambault 10, 2010. (Reappointment) Stephen H. Waterman Joyce T. Davis Ordered, That the following nomination be Cynthia G. Whitney Channel R. Mangum referred to the Committee on Health, Edu- To be senior assistant surgeon Hung P. Phan cation, Labor, and Pensions: Roxanne Y. Barrow Monica D. Rankins Gerald Wayne Clough, of Georgia, to be a Mark E. Beatty To be senior engineer officer Member of the National Science Board, Na- Felicia L. Collins tional Science Foundation for a term expir- Vernon L. Tomanek Sriparna D. Datta ing May 10, 2010, vice Anita K. Jones, term To be engineer officer Lisa K. Fitzpatrick expired. Danielle Devoney Idalia M. Gonzalez Ordered, That the following nomination be Kelly B. Leseman Shannon L. Hader referred to the Committee on Health, Edu- Karl R. Powers James D. Heffelfinger cation, Labor, and Pensions: Arthur D. Ronimus III Terri B. Hyde Kelvin Kay Droegemeier, of Oklahoma, to David E. Johnson To be senior assistant engineer officer be a Member of the National Science Board, Sheryl B. Lyss Kenneth J. Grant National Science Foundation for a term ex- Lois R. Niska David E. Harvey piring May 10, 2010, vice Robert C. Richard- Kelton H. Oliver David E. Johnson son, term expired. Bernard W. Parker Marcus C. Martinez Ordered, That the following nomination be Farah M. Parvez Andrew M. Meltzer referred to the Committee on Health, Edu- Michael D. Ratzlafft Jamie D. Natour cation, Labor, and Pensions: Scott S. Santibanez Rick A. Rivers Louis J. Lanzerotti, of New Jersey, to be a Eric Y. Shih Member of the National Science Board, Na- To be dental director Jack S. Sorum tional Science Foundation for a term expir- Geralyn S. Johnson Charles H. Weir ing May 10, 2010, vice George M. Langford, To be senior dental surgeon term expired. To be senior scientist Joel J. Aimone Ordered, That the following nomination be Pamela L. Ching Hirofumi Nakatsuchi referred to the Committee on Health, Edu- William V. Stenberg To be scientist cation, Labor, and Pensions: Laila H. Ali Alan I. Leshner, of Maryland, to be a Mem- To be dental surgeon Clement J. Welsh ber of the National Science Board, National Randolph A. Coffey Science Foundation for a term expiring May Mark R. Freese To be senior assistant scientist 10, 2010, vice Luis Sequeira, term expired. Arlene M. Lester Carma S. Ayala

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00132 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.162 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11323 Diana M. Bensyl Christa L. Themann PN1919 COAST GUARD nominations (62) Amanda S. Brown To be health services officer beginning Michael H. Anderson, and ending Michael J. Cooper Malcolm B. Johns Gordon K. Weeks, which nominations were Karen A. Hennessey Henry Lopez Jr. received by the Senate and appeared in the Daphne B. Moffett Guy J. Mahoney Congressional Record of September 10, 2004. PN1953 COAST GUARD nominations (13) Meredith A. Reynolds George J. Majus beginning Scott B. Beeson, and ending Need- Cynthia A. Striley Nicole M. Smith ham E. Ward, which nominations were re- To be sanitarian Lola R. Staples ceived by the Senate and appeared in the Jan C. Manwaring To be senior assistant health services officer Congressional Record of September 13, 2004. To be senior assistant sanitarian Jane M. Barnes PUBLIC HEALTH SERVICE Gary W. Carter Michael A. Candreva PN1827 Public Health Service nominations Julia E. Chervoni Robert P. Chelberg beginning Timothy D. Mastro, and ending Vivian Garcia David S. De La Cruz Anthony A. Walker, which nominations were Kit C. Grosch Beth D. Finnson received by the Senate and appeared in the Wayne L. Hall Gregory J. Flaitz Congressional Record of July 19, 2004. Brian E. Hroch Arnold L. Howard Harrichand Rhambarose Erich Kleinschmidt f Donald B. Williams, Jr. Audrey G. Lum LEGISLATIVE SESSION To be senior veterinary officer Marsha R. McCrimmon Daniel H. Reed The PRESIDING OFFICER. The Sen- Yvette M. Davis Ruben T. Sabater ate will now return to legislative ses- Stephanie R. Ostrowski David C. Staten Jr. Lowrey L. Rhodes Jr. sion. Michael D. Weahkee To be veterinary officer f To be assistant health services officer Estella Z. Jones-Miller NOMINATIONS PLACED ON THE Michelle M. Bleth To be senior assistant veterinary officer Carrie L. Earnheart CALENDAR Gregory L. Langham Cheryl L. Fajardo Mr. FRIST. Mr. President, as in exec- To be pharmacist director Ryan D. Hill utive session, I ask unanimous consent Diane L. Frankenfield David J. Lusche that the following committees be dis- Anthony A. Walker To be senior pharmacist charged from the listed nominations, f Sharon K. Gershon and further that they be placed on the George A. Lyght EXECUTIVE SESSION calendar: from the Finance Committee, Jo Ann M. Spearmon Anna Escobedo Cabral, PN1852; from EXECUTIVE CALENDAR To be pharmacist the Governmental Affairs Committee, Michael S. Forman Mr. FRIST. Mr. President, I ask Gregory E. Jackson, PN971. Pamela M. Schweitzer unanimous consent that the Senate im- The PRESIDING OFFICER. Without Paul N. Shedd mediately proceed to executive session objection, it is so ordered. Sharon K. Thoma to consider the following nominations f Adolph E. Vezza on today’s Executive Calendar: Cal- To be senior assistant pharmacist endar No. 818, and all nominations on CELEBRATING THE ANNIVER- Sean J. Belouin the Secretary’s desk. SARIES OF THE INTERNATIONAL Sean K. Bradley I further ask unanimous consent that POLAR YEARS AND INTER- Rosalind P. Chorak the nominations be confirmed, the mo- NATIONAL GEOPHYSICAL YEAR Carmen C. Clelland tions to reconsider be laid upon the Mr. FRIST. Mr. President, I ask James L. Cobbs table, the President be immediately unanimous consent that the Senate Thomas C. Duran notified of the Senate’s action, and the proceed to the immediate consider- Jennifer E. Fan Senate then return to legislative ses- Carol A. Feldotto ation of S. Res. 466, which was sub- Rebecca E. Garner sion. mitted earlier today. Patricia N. Garvey The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Eugene Hampton Jr. objection, it is so ordered. clerk will report the resolution by Clint E. Hinman The nominations considered and con- title. Tommy E. Horeis firmed are as follows: The legislative clerk read as follows: Kristina M. Joyce NOMINATIONS A resolution (S. Res. 466) celebrating the Mariann Kocsis COAST GUARD anniversaries of the International Polar Yoon J. Kong The following named officers for appoint- Years (1882–1883 and 1932–1933) and Inter- Rey V. Marbello ment in the United States Coast Guard to national Geophysical Year (1957–1958) and Jeen S. Min the grade indicated under title 14, U.S.C., supporting a continuation of this inter- Denise A. Norman section 271: national science year tradition in 2007–2008. Lisa D. Oliver Margaret A. Rincon To be rear admiral (lower half) There being no objection, the Senate Amy D. Rubin Capt. Gary T. Blore, 3199 proceeded to consider the resolution. Jane J. Russell Capt. Craig E. Bone, 6477 Mr. MCCAIN. Mr. President, I am Spencer S. Salis Capt. Robert S. Branham, 6546 pleased to support a Senate resolution Melissas R. Schweiss Capt. John P. Currier, 0852 to celebrate the 125th anniversary of Catherine W. Witte Capt. Ronald T. Hewitt, 6030 the first International Polar Year, IPY, To be assistant pharmacist Capt. Joseph L. Nimmich, 9821 of 1882–1883, the 75th anniversary of the Capt. Joel R. Whitehead, 5138 Kristen L. Maves second IPY of 1932–1933, and the 50th Paras M. Patel NOMINATIONS PLACED ON THE SECRETARY’S DESK anniversary of the International Geo- Emily T. Thakur physical Year, IGY, 1957–1958, in 2007– COAST GUARD To be senior assistant dietitian 2008. The resolution would also support PN1876 COAST GUARD nomination of Ken- Karl R. Blasius the continuation of such international Alexandria M. Cossi neth W. Megan, which was received by the Senate and appeared in the Congressional science year traditions, particularly Carol A. Treat emphasizing activities dedicated to Kirsten M. Warwar Record of September 7, 2004. PN1917 COAST GUARD nominations (4) be- global environmental research, edu- To be senior assistant therapist ginning John B. McDermott, and ending cation, and protection. Andra F. Battocchio David C. Clippinger, which nominations were Mr. President, IPY and IGY have left Cynthia E. Carter received by the Senate and appeared in the a legacy of scientific advancements, Frederick V. Lief Congressional Record of September 10, 2004. William H. Pearce Jr. PN1918 COAST GUARD nomination of new discoveries, and international Tarri Ann Randall Karen W. Quiachon, which was received by goodwill that continue to benefit soci- Jeffrey D. Richardson the Senate and appeared in the Congres- eties today. They have made signifi- Joseph B. Strunce sional Record of September 10, 2004. cant contributions to enhancing our

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00133 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.155 S11PT1 S11324 CONGRESSIONAL RECORD — SENATE October 11, 2004 understanding of the processes of envi- The resolution (S. Res. 466) was Geophysical Year with activities reflecting ronmental change and variability. In agreed to. the unity and diversity of life on Earth: Now, order to accurately access and monitor The preamble was agreed to. therefore, be it changes in the Earth’s climate, envi- The resolution, with its preamble, Resolved, That it is the Sense of the Senate reads as follows: that the President should— ronments, and ecosystems, it is imper- (1) endorse the concept of a worldwide cam- ative that we give adequate attention S. RES. 466 paign of scientific activity for the 2007–2008 and resources to understanding these Whereas the year 2007 is the 125th anniver- timeframe; processes. Examining environmental sary of the first International Polar Year of (2) direct the Director of the National changes in the past will strengthen our 1882–1883, the 75th anniversary of the second Science Foundation and the Administrator abilities to make informed decisions International Polar Year of 1932–1933, and the of the National Aeronautics and Space Ad- for the future. 50th anniversary of the International Geo- ministration, in association with the Na- IPY, first launched over 125 years physical Year of 1957–1958; tional Academy of Sciences and other rel- Whereas the first International Polar Year evant governmental and nongovernmental ago, set precedents for internationally of 1882–1883, which involved 12 nations, and coordinated scientific campaigns. Ac- organizations, to continue interagency and the second International Polar Year of 1932– international inquiries and discussions that complishments from past IPY activi- 1933, which involved 40 nations, set the first ensure a successful worldwide international ties include advancements in precedents for internationally coordinated science year in the 2007–2008 timeframe, em- meterology, atmospheric sciences, scientific campaigns; phasizing activities dedicated to global envi- geomagnetism, and technology. IPY Whereas the International Geophysical ronmental research, education, and protec- also fueled the establishment of the Year, conceived in and promoted by the tion; and first year-round research station in- United States, was the largest cooperative (3) submit to Congress at the earliest prac- international scientific endeavor undertaken land from the Antarctic coast by the tical date, but no later than March 15, 2005, to that date, involving more than 60,000 sci- a report detailing the steps taken in car- United States. Planning for an IPY in entists from 66 nations; 2007–2008 is currently underway under rying out paragraphs (1) and (2), including Whereas each of these activities left a leg- descriptions of possible activities and orga- the United States leadership of the Na- acy of scientific advances, new discoveries, nizational structures for an international tional Academy of Science, in conjunc- and international goodwill that still benefit science year in 2007–2008. tion with the International Council for us today; f Science and the World Meterological Whereas the International Geophysical Organization. Year legacy includes the dedication of an en- HONORING AND MEMORIALIZING Modeled after IPY, IGY was first tire continent to cooperative scientific study THE PASSENGERS AND CREW OF through the Antarctica Treaty and the inau- launched in 1957–1958 and also has been guration of the global space age through the UNITED AIRLINES FLIGHT 93 a model for international science ac- launching of Sputnik and Vanguard; Mr. FRIST. Mr. President, I ask tivities. Accomplishments from past Whereas International Geophysical Year unanimous consent that the Rules IGY activities include the initiation of cooperation continues as the model and in- Committee be discharged from further the global space age and exploration of spiration for contemporary world science consideration of S. Con. Res. 136, and the upper atmosphere through the and provides a bridge between peoples of the world that has demonstrated the ability to that the Senate then proceed to its im- launching of Sputnik and Vanguard, mediate consideration. the world’s first satellites. IGY led to transcend political differences; Whereas it also would be appropriate to The PRESIDING OFFICER. Without the establishment of more research use the international science year format to objection, it is so ordered. The clerk stations in the Antarctic, and to the expand the scope of past years to encompass will report the concurrent resolution ratification of the Antarctic Treaty in a broad range of disciplines and to recognize by title. 1961, which promoted peaceful inter- interdisciplinary research that incorporates The legislative clerk read as follows: national collaboration and scientific the physical and social sciences and the hu- A concurrent resolution (S. Con. Res. 136) exploration in the Antarctic. It is my manities in enriching understanding of di- honoring and memorializing the passengers verse life on Earth; hope that the same research activities and crew of United Airlines Flight 93. will occur in the Arctic region. Whereas the 35th anniversary of the Inter- national Geophysical Year was commemo- There being no objection, the Senate This resolution celebrating the anni- rated by the International Space Year, a proceeded to consider the concurrent versaries of IPY and IGY in 2007–2008 globally implemented congressional initia- resolution. would endorse the concept of a world- tive conceived by the late Senator Spark Mr. FRIST. Mr. President, I ask wide campaign for scientific activity Matsunaga of Hawaii, that was highlighted unanimous consent that the amend- and expand the scope of past inter- by globally coordinated environmental mon- ment to the concurrent resolution, national science activities to promote itoring and research whose ongoing legacy which is at the desk, be agreed to, the interdisciplinary research that incor- continues to benefit humanity; Whereas planning for an International concurrent resolution, as amended, be porates the physical and social sciences agreed to, the preamble be agreed to, to enrich the understanding of diver- Polar Year in 2007–2008 is underway, under the guidance of strong United States leader- the motion to reconsider be laid upon sity in life and environmental patterns ship and the National Academy of Sciences the table, without any intervening ac- on Earth. The resolution also would re- and in conjunction with the International tion or debate, and that any state- quire the President of the United Council for Science and the World Meteoro- ments relating to the measure be print- States to submit to Congress a report logical Organization, with this envisioned to ed in the RECORD. on steps taken by the National Science be an intense, coordinated campaign of ob- The PRESIDING OFFICER. Without Foundation and the National Aero- servations, research, and analysis that will objection, it is so ordered. nautics and Space Administration, in be multidisciplinary in scope and inter- The amendment (No. 4062) was agreed national in participation; association with the National Academy to, as follows: of Sciences and other scientific organi- Whereas an International Polar Year in 2007–2008 will include research on the condi- (Purpose: To improve the language relating zations, to ensure a successful world- tions in both polar regions and recognize the to the memorial) wide international science year in 2007– strong links among polar region conditions Beginning on page 2, strike line 10 and all 2008. and the rest of the globe, including the im- that follows through page 3, line 8, and insert I urge my colleagues to support this pact on global climate change, as the polar the following: noncontroversial effort to promote regions have profound significance for the (3) not later than January 1, 2006, the continued international scientific col- Earth’s climate and environments; Speaker of the House of Representatives, the laboration. Whereas other scientific bodies are plan- minority leader of the House of Representa- Mr. FRIST. Mr. President, I ask ning additional internationally coordinated tives, the majority leader of the Senate, and unanimous consent that the resolution scientific programs to advance scientific the minority leader of the Senate shall se- be agreed to, the preamble be agreed knowledge and observations from the core of lect an appropriate memorial that shall be to, the motion to reconsider be laid the Earth to the farthest reaches of the located in the United States Capitol Build- Cosmos’s effects on the Earth; and ing and that shall honor the passengers and upon the table, and that any state- Whereas it is entirely fitting that Congress crew of Flight 93, who saved the United ments relating to this matter be print- takes the lead again, in the same spirit, in States Capitol Building from destruction; ed in the RECORD. promoting global cooperation through world- and The PRESIDING OFFICER. Without wide commemoration of the past Inter- (4) the memorial shall state the purpose of objection, it is so ordered. national Polar Years and the International the honor and the names of the passengers

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00134 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.163 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11325 and crew of Flight 93 on whom the honor is had been reported from the Committee ø(b) SELECTION.—The design for the coins bestowed. on Banking, Housing, and Urban Af- minted under this Act shall be— The concurrent resolution (S. Con. fairs with an amendment to strike all ø(1) selected by the Secretary, after con- Res. 136), as amended, was agreed to. after the enacting clause and insert in sultation with the Disabled Veterans’ LIFE The preamble was agreed to. Memorial Foundation and the Commission of lieu thereof the following: Fine Arts; and The concurrent resolution, with its [Strike parts shown in black brack- ø preamble, reads as follows: (2) reviewed by the Citizens Coinage Advi- ets and insert parts shown in italic] sory Committee. S. CON. RES. 136 S. 1379 øSEC. 6. ISSUANCE OF COINS. Whereas on September 11, 2001, acts of war Be it enacted by the Senate and House of Rep- ø(a) QUALITY OF COINS.—Coins minted involving the hijacking of commercial air- resentatives of the United States of America in under this Act shall be issued in uncir- planes were committed against the United Congress assembled, culated and proof qualities. States, killing and injuring thousands of in- øSECTION 1. SHORT TITLE. ø(b) MINT FACILITY.—Only 1 facility of the nocent people; øThis Act may be cited as the ‘‘American United States Mint may be used to strike Whereas 1 of the hijacked planes, United any particular quality of the coins minted Airlines Flight 93, crashed in a field in Penn- Veterans Disabled for Life Commemorative Coin Act’’. under this Act. sylvania; ø ERIOD FOR SSUANCE øSEC. 2. FINDINGS. (c) P I .—The Secretary Whereas while Flight 93 was still in the may issue coins under this Act only during øCongress finds that— air, the passengers and crew, through cel- the calendar year beginning on January 1, ø(1) the armed forces of the United States lular phone conversations with loved ones on 2006. the ground, learned that other hijacked air- have answered the call and served with dis- øSEC. 7. SALE OF COINS. planes had been used to attack the United tinction around the world—from hitting the ø States; beaches in World War II in the Pacific and (a) SALE PRICE.—The coins issued under Whereas during those phone conversations, Europe, to the cold and difficult terrain in this Act shall be sold by the Secretary at a several of the passengers indicated that Korea, the steamy jungles of Vietnam, and price equal to the sum of— ø there was an agreement among the pas- the desert sands of the Middle East; (1) the face value of the coins; ø sengers and crew to try to overpower the hi- ø(2) all Americans should commemorate (2) the surcharge provided in subsection jackers who had taken over Flight 93; those who come home having survived the (d) with respect to such coins; and ø Whereas Congress established the National ordeal of war, and solemnly honor those who (3) the cost of designing and issuing the Commission on Terrorist Attacks Upon the made the ultimate sacrifice in giving their coins (including labor, materials, dies, use of United States (commonly referred to as ‘‘the lives for their country; machinery, overhead expenses, marketing, 9–11 Commission’’) to study the September ø(3) all Americans should honor the mil- and shipping). ø 11, 2001, attacks and how they occurred; lions of living disabled veterans who carry (b) SURCHARGES.—All sales of coins issued Whereas the 9–11 Commission concluded the scars of war every day, and who have under this Act shall include a surcharge of that ‘‘the nation owes a debt to the pas- made enormous personal sacrifices defending $10 per coin. ø sengers of Flight 93. Their actions saved the the principles of our democracy; (c) BULK SALES.—The Secretary shall lives of countless others, and may have saved ø(4) in 2000, Congress authorized the con- make bulk sales of the coins issued under either the U.S. Capitol or the White House struction of the American Veterans Disabled this Act at a reasonable discount. ø from destruction.’’; and for Life Memorial; (d) PREPAID ORDERS.— ø Whereas the crash of Flight 93 resulted in ø(5) the United States should pay tribute (1) IN GENERAL.—The Secretary shall ac- the death of everyone on board: Now, there- to the Nation’s living disabled veterans by cept prepaid orders for the coins minted fore, be it minting and issuing a commemorative silver under this Act before the issuance of such Resolved by the Senate (the House of Rep- dollar coin; and coins. resentatives concurring), That— ø(6) the surcharge proceeds from the sale of ø(2) DISCOUNT.—Sale prices with respect to (1) the United States owes the passengers a commemorative coin would raise valuable prepaid orders under paragraph (1) shall be and crew of United Airlines Flight 93 deep re- funding for the construction of the American at a reasonable discount. spect and gratitude for their decisive actions Veterans Disabled for Life Memorial. øSEC. 8. DISTRIBUTION OF SURCHARGES. and efforts of bravery; øSEC. 3. COIN SPECIFICATIONS. ø(a) IN GENERAL.—Subject to section 5134(f) (2) the United States extends its condo- ø(a) $1 SILVER COINS.—The Secretary of the of title 31, United States Code, all surcharges lences to the families and friends of the pas- Treasury (hereafter in this Act referred to as received by the Secretary from the sale of sengers and crew of Flight 93; the ‘‘Secretary’’) shall mint and issue not coins issued under this Act shall be paid to (3) not later than January 1, 2006, the more than 500,000 $1 coins in commemoration the Disabled Veterans’ LIFE Memorial Foun- Speaker of the House of Representatives, the of disabled American veterans, each of which dation for the purpose of establishing an en- minority leader of the House of Representa- shall— dowment to support the construction of tives, the majority leader of the Senate, and ø(1) weigh 26.73 grams; American Veterans’ Disabled for Life Memo- the minority leader of the Senate shall de- ø(2) have a diameter of 1.500 inches; and rial in Washington, D.C. termine a location in the United States Cap- ø(3) contain 90 percent silver and 10 percent ø(b) AUDITS.—The Comptroller General of itol Building (including the Capitol Visitor copper. the United States shall have the right to ex- Center) that shall be named in honor of the ø(b) LEGAL TENDER.—The coins minted amine such books, records, documents, and passengers and crew of Flight 93, who saved under this Act shall be legal tender, as pro- other data of the Disabled Veterans’ LIFE the United States Capitol Building from de- vided in section 5103 of title 31, United States Memorial Foundation as may be related to struction; and Code. the expenditures of amounts paid under sub- (4) a memorial plaque shall be placed at ø(c) NUMISMATIC ITEMS.—For purposes of section (a). the site of the determined location that section 5134 of title 31, United States Code, øSEC. 9. FINANCIAL ASSURANCES. states the purpose of the honor and the all coins minted under this Act shall be con- ø(a) NO NET COST TO THE GOVERNMENT.— names of the passengers and crew of Flight sidered to be numismatic items. The Secretary shall take such actions as 93 on whom the honor is bestowed. øSEC. 4. SOURCES OF BULLION. may be necessary to ensure that minting and f øThe Secretary shall obtain silver for issuing coins under this Act will not result minting coins under this Act only from in any net cost to the United States Govern- AMERICAN VETERANS DISABLED stockpiles established under the Strategic ment. FOR LIFE COMMEMORATIVE and Critical Materials Stock Piling Act. ø(b) PAYMENT FOR COINS.—A coin shall not COIN ACT øSEC. 5. DESIGN OF COINS. be issued under this Act unless the Secretary Mr. FRIST. Mr. President, I ask ø(a) DESIGN REQUIREMENTS.— has received— ø unanimous consent that the Senate ø(1) IN GENERAL.—The design of the coins (1) full payment for the coin; ø now proceed to the immediate consid- minted under this Act shall be emblematic (2) security satisfactory to the Secretary of the design selected by the Disabled Vet- to indemnify the United States for full pay- eration of Calendar No. 778, S. 1379. ment; or The PRESIDING OFFICER. The erans’ LIFE Memorial Foundation for the American Veterans Disabled for Life Memo- ø(3) a guarantee of full payment satisfac- clerk will report the bill by title. tory to the Secretary from a depository in- The legislative clerk read as follows: rial. ø(2) DESIGNATION AND INSCRIPTIONS.—On stitution whose deposits are insured by the A bill (S. 1379) to require the Secretary of each coin minted under this Act, there shall Federal Deposit Insurance Corporation or the Treasury to mint coins in commemora- be— the National Credit Union Administration tion of veterans who became disabled for life ø(A) a designation of the value of the coin; Board.¿ while serving in the Armed Forces of the ø(B) an inscription of the year ‘‘2006’’; and SECTION 1. SHORT TITLE. United States. ø(C) inscriptions of the words ‘‘Liberty’’, This Act may be cited as the ‘‘American Vet- There being no objection, the Senate ‘‘In God We Trust’’, ‘‘United States of Amer- erans Disabled for Life Commemorative Coin proceeded to consider the bill which ica’’, and ‘‘E Pluribus Unum’’. Act’’.

VerDate Aug 04 2004 01:51 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00135 Fmt 4637 Sfmt 6333 E:\CR\FM\A11OC6.164 S11PT1 S11326 CONGRESSIONAL RECORD — SENATE October 11, 2004 SEC. 2. FINDINGS. (3) the cost of designing and issuing the coins Mr. FRIST. I ask unanimous consent Congress finds that— (including labor, materials, dies, use of machin- that the bill be read three times, (1) the Armed Forces of the United States ery, overhead expenses, marketing, and ship- passed, the motion to reconsider be have answered the call and served with distinc- ping). laid upon the table, and any state- tion around the world—from hitting the beaches (b) SURCHARGES.—All sales of coins issued in World War II in the Pacific and Europe, to under this Act shall include a surcharge of $10 ments relating thereto be printed in the cold and difficult terrain in Korea, the per coin. the RECORD, without intervening ac- steamy jungles of Vietnam, and the desert sands (c) BULK SALES.—The Secretary shall make tion or debate. of the Middle East; bulk sales of the coins issued under this Act at The PRESIDING OFFICER. Without (2) all Americans should commemorate those a reasonable discount. objection, it is so ordered. who come home having survived the ordeal of (d) PREPAID ORDERS.— The bill (H.R. 2023) was read the third war, and solemnly honor those who made the (1) IN GENERAL.—The Secretary shall accept time and passed. ultimate sacrifice in giving their lives for their prepaid orders for the coins minted under this country; Act before the issuance of such coins. f (3) all Americans should honor the millions of (2) DISCOUNT.—Sale prices with respect to pre- NATIONAL ESTUARY PROGRAM paid orders under paragraph (1) shall be at a living disabled veterans who carry the scars of Mr. FRIST. Mr. President, I ask war every day, and who have made enormous reasonable discount. personal sacrifices defending the principles of SEC. 7. DISTRIBUTION OF SURCHARGES. unanimous consent that the Senate our democracy; (a) IN GENERAL.—Subject to section 5134(f) of proceed to the immediate consider- (4) in 2000, Congress authorized the construc- title 31, United States Code, all surcharges re- ation of H.R. 4731 which is at the desk. tion of the American Veterans Disabled for Life ceived by the Secretary from the sale of coins The PRESIDING OFFICER. The Memorial; issued under this Act shall be paid to the Dis- clerk will report the bill by title. (5) the United States should pay tribute to the abled Veterans’ LIFE Memorial Foundation for The legislative clerk read as follows: the purpose of establishing an endowment to Nation’s living disabled veterans by minting and A bill (H.R. 4731) to amend the Federal issuing a commemorative silver dollar coin; and support the construction of the American Vet- erans’ Disabled for Life Memorial in Wash- Water Pollution Control Act to reauthorize (6) the surcharge proceeds from the sale of a the National Estuary Program. commemorative coin would raise valuable fund- ington, D.C. ing for the construction of the American Vet- (b) AUDITS.—The Comptroller General of the There being no objection, the Senate erans Disabled for Life Memorial. United States shall have the right to examine proceeded to consider the bill. such books, records, documents, and other data SEC. 3. COIN SPECIFICATIONS. Mr. FRIST. I ask unanimous consent of the Disabled Veterans’ LIFE Memorial Foun- (a) $1 SILVER COINS.—The Secretary of the that the bill be read a third time and dation as may be related to the expenditures of Treasury (hereafter in this Act referred to as the passed, the motion to reconsider be amounts paid under subsection (a). ‘‘Secretary’’) shall mint and issue not more than laid upon the table, and that any state- 500,000 $1 coins in commemoration of disabled SEC. 8. FINANCIAL ASSURANCES. ments relating to the bill be printed in American veterans, each of which shall— (a) NO NET COST TO THE GOVERNMENT.—The Secretary shall take such actions as may be nec- the RECORD. (1) weigh 26.73 grams; The PRESIDING OFFICER. Without (2) have a diameter of 1.500 inches; and essary to ensure that minting and issuing coins under this Act will not result in any net cost to objection, it is so ordered. (3) contain 90 percent silver and 10 percent The bill (H.R. 4731) was read the third copper. the United States Government. (b) PAYMENT FOR COINS.—A coin shall not be time and passed. (b) LEGAL TENDER.—The coins minted under issued under this Act unless the Secretary has this Act shall be legal tender, as provided in sec- f received— tion 5103 of title 31, United States Code. (1) full payment for the coin; FEDERAL REGULATORY (c) NUMISMATIC ITEMS.—For purposes of sec- (2) security satisfactory to the Secretary to in- IMPROVEMENT ACT OF 2004 tion 5134 of title 31, United States Code, all coins demnify the United States for full payment; or minted under this Act shall be considered to be (3) a guarantee of full payment satisfactory to Mr. FRIST. Mr. President, I ask numismatic items. the Secretary from a depository institution unanimous consent that the Senate SEC. 4. DESIGN OF COINS. whose deposits are insured by the Federal De- proceed to the immediate consider- (a) DESIGN REQUIREMENTS.— posit Insurance Corporation or the National ation of H.R. 4917 which is at the desk. (1) IN GENERAL.—The design of the coins mint- Credit Union Administration Board. The PRESIDING OFFICER. The ed under this Act shall be emblematic of the de- Mr. FRIST. I ask unanimous consent clerk will report the bill by title. sign selected by the Disabled Veterans’ LIFE that the committee substitute amend- The legislative clerk read as follows: Memorial Foundation for the American Vet- erans Disabled for Life Memorial. ment be agreed to, the bill, as amend- A bill (H.R. 4917) to amend title 5, United States Code, to authorize appropriations for (2) DESIGNATION AND INSCRIPTIONS.—On each ed, be read a third time and passed, the coin minted under this Act, there shall be— motion to reconsider be laid upon the the Administrative Conference of the United (A) a designation of the value of the coin; table en bloc, and any statements re- States for fiscal years 2005, 2006, and 2007, and for other purposes. (B) an inscription of the year ‘‘2006’’; and lating to the bill be printed in the (C) inscriptions of the words ‘‘Liberty’’, ‘‘In RECORD. There being no objection, the Senate God We Trust’’, ‘‘United States of America’’, The PRESIDING OFFICER. Without proceeded to consider the bill. and ‘‘E Pluribus Unum’’. objection, it is so ordered. Mr. FRIST. I ask unanimous consent (b) SELECTION.—The design for the coins mint- The committee amendment in the that the bill be read a third time, ed under this Act shall be— nature of a substitute was agreed to. passed, the motion to reconsider be (1) selected by the Secretary, after consulta- The bill (S. 1379), as amended, was laid upon the table with no intervening tion with the Disabled Veterans’ LIFE Memorial read the third time and passed. action or debate, and that any state- Foundation and the Commission of Fine Arts; ments relating to the bill be printed in and f the RECORD. (2) reviewed by the Citizens Coinage Advisory ASTHMATIC SCHOOLCHILDREN’S Committee. The PRESIDING OFFICER. Without TREATMENT AND HEALTH MAN- objection, it is so ordered. SEC. 5. ISSUANCE OF COINS. AGEMENT ACT OF 2003 (a) QUALITY OF COINS.—Coins minted under The bill (H.R. 4917) was read the third this Act shall be issued in uncirculated and Mr. FRIST. Mr. President, I ask time and passed. proof qualities. unanimous consent that the Senate f (b) MINT FACILITY.—Only 1 facility of the proceed to the immediate consider- NATIONAL ARCHIVES AND United States Mint may be used to strike any ation of H.R. 2023 which was received particular quality of the coins minted under this RECORDS ADMINISTRATION EF- from the House and is at the desk. FICIENCY ACT OF 2003 Act. The PRESIDING OFFICER. The (c) PERIOD FOR ISSUANCE.—The Secretary may clerk will report the bill by title. Mr. FRIST. Mr. President, I ask issue coins under this Act only during the cal- unanimous consent that the Govern- endar year beginning on January 1, 2006. The legislative clerk read as follows: mental Affairs Committee be dis- SEC. 6. SALE OF COINS. A bill (H.R. 2023) to give a preference re- garding States that require schools to allow charged from further consideration of (a) SALE PRICE.—The coins issued under this students to self-administer medication to Act shall be sold by the Secretary at a price H.R. 3478 and the Senate proceed to its treat that student’s asthma or anaphylaxis, equal to the sum of— immediate consideration. and for other purposes. (1) the face value of the coins; The PRESIDING OFFICER. Without (2) the surcharge provided in subsection (b) There being no objection, the Senate objection, it is so ordered. The clerk with respect to such coins; and proceeded to consider the bill. will report the bill by title.

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00136 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.162 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11327 The legislative clerk read as follows: LONG ISLAND SOUND 2002 and 2003, and $6,000,000 for fiscal years A bill (H.R. 3478) to amend title 44, United STEWARDSHIP ACT OF 2004 2004 and 2005’’ and inserting ‘‘$6,000,000 for States Code, to improve the efficiency of op- the period of fiscal years 2005 through 2008 Mr. FRIST. Mr. President, I ask and $7,000,000 for the period of fiscal years erations by the National Archives and unanimous consent that the Environ- Records Administration and to reauthorize 2009 and 2010’’. ment and Public Works Committee be the National Historical Publications and f Records Commission. discharged from further consideration There being no objection, the Senate of S. 2691, and the Senate proceed to its CLARIFYING THE BOUNDARIES OF proceeded to consider the bill. immediate consideration. THE JOHN H. CHAFEE COAST Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. The BARRIER RESOURCES SYSTEM that the bill be read a third time and clerk will state the bill by title. Mr. FRIST. Mr. President, I ask passed, the motion to reconsider be The legislative clerk read as follows: unanimous consent that the Environ- laid upon the table, and that any state- A bill (S. 2691) to establish the Long Island ment and Public Works Committee be ments relating to the bill be printed in Sound Stewardship Initiative. discharged from further consideration the RECORD. There being no objection, the Senate of H.R. 3056, and the Senate proceed to The PRESIDING OFFICER. Without proceeded to consider the bill. its immediate consideration. objection, it is so ordered. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. The The bill (H.R. 3478) was read the third unanimous consent that the Lieberman clerk will state the bill by title. time and passed. amendment at the desk be agreed to, The legislative clerk read as follows: f the bill, as amended, be read the third A bill (H.R. 3056) to clarify the boundaries time and passed, the motion to recon- of the John H. Chafee Coast Barrier Re- EXECUTIVE BRANCH FINANCIAL sider be laid upon the table, and that sources System Cedar Keys Unit P25 on Oth- ACCOUNTABILITY REPORTING any statements related to the bill be erwise Protected Area P25P. ACT OF 2004 printed in the RECORD. There being no objection, the Senate Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without proceeded to consider the bill. unanimous consent that the Senate objection, it is so ordered. Mr. FRIST. Mr. President, I ask proceed to the immediate consider- The amendment (No. 4064) was agreed unanimous consent that the bill be ation of Calendar No. 757, S. 2688. to. read the third time and passed, the mo- The PRESIDING OFFICER. The (The amendment is printed in today’s tion to reconsider be laid upon the clerk will state the bill by title. RECORD under ‘‘Text of Amendments.’’) table, and that any statements related The legislative clerk read as follows: The bill (S. 2691), as amended, was to the bill be printed in the RECORD. A bill (S. 2688) to provide for a report of read the third time and passed. The PRESIDING OFFICER. Without Federal entities without annually audited fi- f objection, it is so ordered. nancial statements. WATER RESOURCES ACT OF 1984 f There being no objection, the Senate REAUTHORIZATION proceeded to consider the bill. FOR THE RELIEF OF RICHI JAMES Mr. FRIST. Mr. President, I ask Mr. FRIST. Mr. President, I ask LESLEY—H.R. 712 unanimous consent that the amend- unanimous consent that the Environ- ments at the desk be agreed to, the ment and Public Works Committee be bill, as amended, be read the third discharged from further consideration FOR THE RELIEF OF ROCCO A. time, passed, and the motion to recon- of S. 2847 and the Senate proceed to its TRECOSTA OF FORT LAUDER- sider be laid upon the table, and that immediate consideration. DALE, FLORIDA—S. 2042 The PRESIDING OFFICER. The any statements relating to the bill be Mr. FRIST. Mr. President, I ask clerk will state the bill by title. printed in the RECORD. unanimous consent that the Judiciary The legislative clerk read as follows: The PRESIDING OFFICER. Without Committee be discharged from further objection, it is so ordered. A bill (S. 2847) to reauthorize the Water consideration of H.R. 712 and S. 2042, en Resources Act of 1984. The amendment (No. 4063) was agreed bloc, and the Senate proceed to their to, as follows: There being no objection, the Senate immediate consideration. AMENDMENT NO. 4063 proceeded to consider the bill. The PRESIDING OFFICER. Without On page 2, line 10, strike ‘‘60 days’’ and in- Mr. FRIST. Mr. President, I ask objection, it is so ordered. The clerk sert ‘‘120 days’’. unanimous consent that the bill be will state the bills by title. On page 3, line 2, insert after ‘‘temporary read the third time and passed, the mo- The legislative clerk read as follows: commissions’’ the following: ‘‘in existence at tion to reconsider be laid upon the A bill (H.R. 712) for the relief of Richi least 12 months’’. table, and that any statements relating On page 3, strike beginning with line 9 James Lesley. to the bill be printed in the RECORD. through page 4, line 4, and insert the fol- A bill (S. 2042) for the relief of Rocco A. lowing: The PRESIDING OFFICER. Without Trecosta of Fort Lauderdale, Florida. (3) an assessment of the capability of and objection, it is so ordered. There being no objection, the Senate the costs that would be incurred for Federal The bill (S. 2847) was read the third proceeded to consider the bills. entities of the categories listed under para- time and passed, as follows: Mr. FRIST. Mr. President, I ask graphs (1) and (2) to prepare annual financial S. 2847 statements and to have such statements unanimous consent that the bills be Be it enacted by the Senate and House of Rep- independently audited; read the third time and passed, en bloc, resentatives of the United States of America in (4) an assessment of how to reduce the that the motions to reconsider be laid Congress assembled, costs of preparing the financial statements upon the table, and that any state- and performing independent audits for Fed- SECTION 1. WATER RESOURCES RESEARCH. ments relating to the bills be printed (a) GENERAL AUTHORIZATION OF APPROPRIA- eral entities of the categories listed under in the RECORD. paragraphs (1) and (2); and TIONS.—Section 104(f)(1) of the Water Re- sources Research Act of 1984 (42 U.S.C. The PRESIDING OFFICER. Without (5) an assessment of the benefits of im- objection, it is so ordered. proved financial oversight encompassing the 10303(f)(1)) is amended by striking ‘‘$9,000,000 executive branch, including the Federal enti- for fiscal year 2001, $10,000,000 for each of fis- The bill (H.R. 712), was read the third ties of the categories listed under paragraphs cal years 2002 and 2003, and $12,000,000 for time and passed. (1) and (2), and an assessment of the feasi- each of fiscal years 2004 and 2005’’ and insert- The bill (S. 2042), was read the third bility of preparing annual financial state- ing ‘‘$12,000,000 for the period of fiscal years time and passed, as follows: 2005 through 2008 and $13,000,000 for the pe- ments and independently audited statements S. 2042 riod of fiscal years 2009 and 2010’’. for the Federal entities in the categories Be it enacted by the Senate and House of Rep- listed under paragraphs (1) and (2). (b) APPROPRIATIONS FOR RESEARCH FOCUSED ON WATER PROBLEMS OF INTERSTATE NA- resentatives of the United States of America in The bill (S. 2688), as amended, was TURE.—Section 104(g)(1) of the Water Re- Congress assembled, read the third time and passed. sources Research Act of 1984 (42 U.S.C. SECTION 1. COMPENSATION OF BACK PAY. (The bill will be printed in a future 10303(g)(1)) is amended by striking ‘‘$3,000,000 (a) IN GENERAL.—The Secretary of the edition of the RECORD.) for fiscal year 2001, $4,000,000 for fiscal years Treasury shall pay, out of any money in the

VerDate Aug 04 2004 05:57 Oct 12, 2004 Jkt 039060 PO 00000 Frm 00137 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.145 S11PT1 S11328 CONGRESSIONAL RECORD — SENATE October 11, 2004 Treasury not otherwise appropriated, to Mr. justment of status are filed with appropriate Hadad shall be eligible for issuance of an im- Rocco A. Trecosta of Fort Lauderdale, Flor- fees within 2 years after the date of enact- migrant visa or for adjustment of status to ida, the sum of $10,000 for compensation for ment of this Act. that of an alien lawfully admitted for perma- back pay not received as an employee of the (d) REDUCTION OF IMMIGRANT VISA NUM- nent residence upon filing an application for Department of Defense Overseas Dependent BERS.—Upon the granting of immigrant visas issuance of an immigrant visa under section Schools for service performed during the pe- or permanent residence to Denes and 204 of that Act or for adjustment of status to riod beginning April 14, 1966, through June Gyorgyi Fulop, the Secretary of State shall lawful permanent resident. 30, 1975. Payment under this subsection is instruct the proper officer to reduce by the (b) ADJUSTMENT OF STATUS.—If Luay Lufti made after the transmission of the applica- appropriate number, during the current or Hadad enters the United States before the ble report of the United States Court of Fed- next following fiscal year, the total number filing deadline specified in subsection (c), eral Claims under section 2509 of title 28, of immigrant visas that are made available Luay Lufti Hadad shall be considered to have United States Code. to natives of the country of the aliens’ birth entered and remained lawfully and shall be (b) NO INFERENCE OF LIABILITY.—Nothing under section 203(a) of the Immigration and eligible for adjustment of status under sec- in this section shall be construed as an infer- Nationality Act or, if applicable, the total tion 245 of the Immigration and Nationality ence of liability on the part of the United number of immigrant visas that are made Act as of the date of enactment of this Act. States. available to natives of the country of the (c) DEADLINE FOR APPLICATION AND PAY- (c) FULL SATISFACTION OF CLAIMS.—The aliens’ birth under section 202(e) of such Act. MENT OF FEES.—Subsections (a) and (b) shall payment authorized under subsection (a) apply only if the application for issuance of f shall be in full satisfaction of all claims of an immigrant visa or the application for ad- Rocco A. Trecosta against the United States FOR THE RELIEF OF TCHISOU THO justment of status is filed with appropriate for back pay in connection with his service fees within 2 years after the date of enact- in the Department of Defense Overseas De- The bill (S. 1042) for the relief of ment of this Act. pendent Schools. Tchisou Tho, was considered, read the (d) REDUCTION OF IMMIGRANT VISA NUM- (d) LIMITATION ON AGENTS AND ATTORNEYS third time, and passed; as follows: BERS.—Upon the granting of an immigrant FEES.—No more than 10 percent of the pay- S. 1042 visa or permanent residence to Luay Lufti ment authorized by this Act may be paid to Be it enacted by the Senate and House of Rep- Hadad, the Secretary of State shall instruct or received by any agent or attorney for resentatives of the United States of America in the proper officer to reduce by 1, during the services rendered in connection with obtain- Congress assembled, current or next following fiscal year, the ing such payment, any contract to the con- total number of immigrant visas that are trary notwithstanding. Any person who vio- SECTION 1. PERMANENT RESIDENT STATUS FOR made available to natives of the country of TCHISOU THO. lates this subsection shall be guilty of a mis- birth of Luay Lufti Hadad under section (a) IN GENERAL.—Notwithstanding sub- demeanor and shall be subject to a fine in 203(a) of the Immigration and Nationality sections (a) and (b) of section 201 of the Im- the amount provided in title 18, United Act or, if applicable, the total number of im- migration and Nationality Act, Tchisou Tho States Code. migrant visas that are made available to na- shall be eligible for the issuance of an immi- tives of the country of birth of Luay Lufti f grant visa or for adjustment of status to that Hadad under section 202(e) of that Act. THE CALENDAR of an alien lawfully admitted for permanent residence upon filing an application for f Mr. FRIST. Mr. President, I ask issuance of an immigrant visa under section unanimous consent that the Senate 204 of that Act or for adjustment of status to FOR THE RELIEF OF ALEMSEGHED proceed to the immediate consider- lawful permanent resident. MUSSIE TESFAMICAL ation of Calendar Nos. 761, 762, 764, 765, (b) ADJUSTMENT OF STATUS.—If Tchisou The bill (S. 2044) for the relief of 767, 768, 769, and 776 en bloc, that the Tho enters the United States before the fil- Alemseghed Mussie Tesfamical, was bills be read a third time and passed, ing deadline specified in subsection (c), Tchisou Tho shall be considered to have en- considered, read the third time, and and the motions to reconsider be laid tered and remained lawfully and shall be eli- passed; as follows: upon the table en bloc. gible for adjustment of status under section S. 2044 The PRESIDING OFFICER. Without 245 of the Immigration and Nationality Act Be it enacted by the Senate and House of Rep- objection, it is so ordered. as of the date of enactment of this Act. resentatives of the United States of America in f (c) DEADLINE FOR APPLICATION AND PAY- Congress assembled, MENT OF FEES.—Subsections (a) and (b) shall SECTION 1. PERMANENT RESIDENCE. FOR THE RELIEF OF DENES AND apply only if the application for issuance of Notwithstanding any other provision of GYORGYI FULOP an immigrant visa or the application for ad- law, for purposes of the Immigration and Na- justment of status are filed with appropriate The bill (S. 353) for the relief of Denes tionality Act (8 U.S.C. 1101 et seq.), fees within 2 years after the date of enact- Alemseghed Mussie Tesfamical shall be held and Gyorgyi Fulop was considered, ment of this Act. and considered to have been lawfully admit- read the third time, and passed; as fol- (d) REDUCTION OF IMMIGRANT VISA NUM- ted to the United States for permanent resi- lows: BERS.—Upon the granting of an immigrant dence as of the date of enactment of this Act visa or permanent residence to Tchisou Tho, S. 353 upon payment of the required visa fees. the Secretary of State shall instruct the Be it enacted by the Senate and House of Rep- proper officer to reduce by 1, during the cur- SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS. resentatives of the United States of America in rent or next following fiscal year, the total Congress assembled, number of immigrant visas that are made Upon the granting of permanent residence SECTION 1. PERMANENT RESIDENT STATUS FOR available to natives of the country of the to Alemseghed Mussie Tesfamical, the Sec- DENES AND GYORGYI FULOP. aliens’ birth under section 203(a) of the Im- retary of State shall instruct the proper offi- (a) IN GENERAL.—Notwithstanding sub- migration and Nationality Act or, if applica- cer to reduce by 1, during the current fiscal sections (a) and (b) of section 201 of the Im- ble, the total number of immigrant visas year, the total number of immigrant visas migration and Nationality Act, Denes and that are made available to natives of the available to natives of the country of the Gyorgyi Fulop shall be eligible for issuance country of the aliens’ birth under section alien’s birth under section 203(a) of the Im- of immigrant visas or for adjustment of sta- 202(e) of that Act. migration and Nationality Act (8 U.S.C. tus to that of aliens lawfully admitted for 1153(a)). f permanent residence upon filing an applica- f tion for issuance of immigrant visas under FOR THE RELIEF OF LUAY LUFTI section 204 of such Act or for adjustment of HADAD FOR THE RELIEF OF NABIL RAJA status to lawful permanent resident. DANDAN, KETTY DANDAN, SOUZI (b) ADJUSTMENT OF STATUS.—If Denes The bill (S. 2012) for the relief of DANDAN, RAJA NABIL DANDAN Fulop or Gyorgyi Fulop enters the United Luay Lufti Hadad, was considered, read AND SANDRA DANDAN States before the filing deadline specified in the third time, and passed; as follows: subsection (c), the alien shall be considered The bill (S. 2314) for the relief of to have entered and remained lawfully and S. 2012 Nabil Raja Dandan, Ketty Dandan, shall, if otherwise eligible, be eligible for ad- Be it enacted by the Senate and House of Rep- Souzi Dandan, Raja Nabil Dandan, and justment of status under section 245 of the resentatives of the United States of America in Sandra Dandan, was considered, read Congress assembled, Immigration and Nationality Act as of the the third time, and passed; as follows: date of enactment of this Act. SECTION 1. PERMANENT RESIDENT STATUS FOR (c) DEADLINE FOR APPLICATION AND PAY- LUAY LUFTI HADAD. S. 2314 MENT OF FEES.—Subsections (a) and (b) shall (a) IN GENERAL.—Notwithstanding sub- Be it enacted by the Senate and House of Rep- apply only if the application for issuance of sections (a) and (b) of section 201 of the Im- resentatives of the United States of America in immigrant visas or the application for ad- migration and Nationality Act, Luay Lufti Congress assembled,

VerDate Aug 04 2004 02:39 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00138 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.168 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11329 SECTION 1. PERMANENT RESIDENT STATUS FOR justment of status is filed with appropriate Durreshahwar Durreshahwar, Nida Hasan, NABIL RAJA DANDAN, KETTY fees within 2 years after the date of enact- Asna Hasan, Anum Hasan, and Iqra Hasan DANDAN, SOUZI DANDAN, RAJA ment of this Act. shall not, by virtue of such relationship, be NABIL DANDAN, AND SANDRA (d) REDUCTION OF IMMIGRANT VISA NUM- accorded any right, privilege, or status under DANDAN. BERS.—Upon the granting of an immigrant the Immigration and Nationality Act. (a) IN GENERAL.—Notwithstanding sub- visa or permanent residence to Fereshteh sections (a) and (b) of section 201 of the Im- f Sani, the Secretary of State shall instruct migration and Nationality Act, Nabil Raja the proper officer to reduce by 1, during the Dandan, Ketty Dandan, Souzi Dandan, Raja FOR THE RELIEF OF GRISELDA current or next following fiscal year, the Nabil Dandan, and Sandra Dandan shall each LOPEZ NEGRETE total number of immigrant visas that are be eligible for issuance of an immigrant visa made available to natives of the country of The bill (S. 2668) for the relief of Gri- or for adjustment of status to that of an birth of Fereshteh Sani under section 203(a) selda Lopez Negrete was considered, alien lawfully admitted for permanent resi- of the Immigration and Nationality Act or, read the third time, and passed, as fol- dence upon filing an application for issuance if applicable, the total number of immigrant of an immigrant visa under section 204 of lows: visas that are made available to natives of such Act or for adjustment of status to law- S. 2668 the country of birth of Fereshteh Sani under ful permanent resident. section 202(e) of that Act. Be it enacted by the Senate and House of Rep- (b) ADJUSTMENT OF STATUS.—If Nabil Raja resentatives of the United States of America in Dandan, Ketty Dandan, Souzi Dandan, Raja f Congress assembled, Nabil Dandan, and Sandra Dandan enter the FOR THE RELIEF OF SECTION 1. PERMANENT RESIDENCE. United States before the filing deadline spec- DURRESHAHWAR DURRESHAH- Notwithstanding any other provision of ified in subsection (c), Nabil Raja Dandan, law, for purposes of the Immigration and Na- Ketty Dandan, Souzi Dandan, Raja Nabil WAR, NIDA HASAN, ASNA HASAN, ANUM HASAN, AND IQRA HASAN tionality Act (8 U.S.C. 1101 et seq.), Griselda Dandan, and Sandra Dandan shall each be Lopez Negrete shall be held and considered considered to have entered and remained The bill (H.R. 867) for the relief of to have been lawfully admitted to the United lawfully and shall be eligible for adjustment Durreshahwar Durreshahwar, Nida States for permanent residence as of the date of status under section 245 of the Immigra- Hasan, Asna Hasan, Anum Hasan, and of enactment of this Act upon payment of tion and Nationality Act as of the date of Iqra Hasan, was considered, ordered to the required visa fees. the enactment of this Act. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE (c) DEADLINE FOR APPLICATION AND PAY- a third reading, read the third time, VISAS. MENT OF FEES.—Subsections (a) and (b) shall and passed. Upon the granting of permanent residence apply only if the application for issuance of H.R. 867 to Griselda Lopez Negrete, as provided in an immigrant visa or the application for ad- Be it enacted by the Senate and House of Rep- section 1, the Secretary of State shall in- justment of status is filed with appropriate resentatives of the United States of America in struct the proper officer to reduce by the ap- fees within 2 years after the date of the en- Congress assembled, propriate number during the current fiscal actment of this Act. SECTION 1. PERMANENT RESIDENT STATUS FOR year the total number of immigrant visas (d) REDUCTION OF IMMIGRANT VISA NUM- DURRESHAHWAR DURRESHAHWAR, available to natives of the country of the BER.—Upon the granting of an immigrant NIDA HASAN, ASNA HASAN, ANUM alien’s birth under section 203(a) of the Im- visa or permanent residence to Nabil Raja HASAN, AND IQRA HASAN. migration and Nationality Act (8 U.S.C. Dandan, Ketty Dandan, Souzi Dandan, Raja (a) IN GENERAL.—Notwithstanding sub- 1153(a)). Nabil Dandan, and Sandra Dandan, the Sec- sections (a) and (b) of section 201 of the Im- retary of State shall instruct the proper offi- migration and Nationality Act, f cer to reduce by 5, during the current or next Durreshahwar Durreshahwar, Nida Hasan, following fiscal year, the total number of im- Asna Hasan, Anum Hasan, and Iqra Hasan RECOGNIZING THE IMPORTANCE migrant visas that are made available to na- shall each be eligible for issuance of an im- OF EARLY DIAGNOSIS OF tives of the country of the aliens’ birth migrant visa or for adjustment of status to TOURETTE SYNDROME under section 203(a) of the Immigration and that of an alien lawfully admitted for perma- Mr. FRIST. Mr. President, I ask nent residence upon filing an application for Nationality Act or, if applicable, the total unanimous consent that the Judiciary number of immigrant visas that are made issuance of an immigrant visa under section available to natives of the country of the 204 of such Act or for adjustment of status to Committee be discharged from further aliens’ birth under section 202(e) of such Act. lawful permanent resident. consideration of S. Con. Res. 113 and (b) ADJUSTMENT OF STATUS.—If that the Senate proceed to its imme- f Durreshahwar Durreshahwar, Nida Hasan, diate consideration. FOR THE RELIEF OF FERESHTEH Asna Hasan, Anum Hasan, or Iqra Hasan en- The PRESIDING OFFICER. Without SANI ters the United States before the filing dead- objection, it is so ordered. The clerk line specified in subsection (c), she shall be will report the concurrent resolution The bill (S. 2331) for the relief of considered to have entered and remained Fereshteh Sani, was considered, read lawfully and shall, if otherwise eligible, be by title. the third time, and passed; as follows: eligible for adjustment of status under sec- The legislative clerk read as follows: tion 245 of the Immigration and Nationality A concurrent resolution (S. Con. Res. 113) S. 2331 Act as of the date of the enactment of this recognizing the importance of early diag- Be it enacted by the Senate and House of Rep- Act. nosis, proper treatment, and enhanced public resentatives of the United States of America in (c) DEADLINE FOR APPLICATION AND PAY- awareness of Tourette Syndrome and sup- Congress assembled, MENT OF FEES.—Subsections (a) and (b) shall porting the goals and ideals of National SECTION 1. PERMANENT RESIDENT STATUS FOR apply only if the application for issuance of Tourette Syndrome Awareness Month. FERESHTEH SANI. an immigrant visa or the application for ad- There being no objection, the Senate (a) IN GENERAL.—Notwithstanding sub- justment of status is filed with appropriate sections (a) and (b) of section 201 of the Im- fees within 2 years after the date of the en- proceeded to consider the concurrent migration and Nationality Act, Fereshteh actment of this Act. resolution. Sani shall be eligible for issuance of an im- (d) REDUCTION OF IMMIGRANT VISA NUM- Mr. FRIST. Mr. President, I ask migrant visa or for adjustment of status to BER.—Upon the granting of an immigrant unanimous consent that the Smith that of an alien lawfully admitted for perma- visa or permanent residence to amendments that are at the desk be nent residence upon filing an application for Durreshahwar Durreshahwar, Nida Hasan, agreed to, the resolution, as amended, issuance of an immigrant visa under section Asna Hasan, Anum Hasan, and Iqra Hasan, be agreed to, the preamble, as amend- 204 of that Act or for adjustment of status to the Secretary of State shall instruct the ed, be agreed to, the title amendment lawful permanent resident. proper officer to reduce by 5, during the cur- be agreed to, the motions to reconsider (b) ADJUSTMENT OF STATUS.—If Fereshteh rent or next following fiscal year, the total Sani enters the United States before the fil- number of immigrant visas that are made be laid upon the table, and that any ing deadline specified in subsection (c), available to natives of the country of the statements relating to the resolution Fereshteh Sani shall be considered to have aliens’ birth under section 203(a) of the Im- be printed in the RECORD. entered and remained lawfully and shall be migration and Nationality Act or, if applica- The PRESIDING OFFICER. Without eligible for adjustment of status under sec- ble, the total number of immigrant visas objection, it is so ordered. tion 245 of the Immigration and Nationality that are made available to natives of the The amendments (Nos. 4065, 4066 and Act as of the date of enactment of this Act. country of the aliens’ birth under section 4067) were agreed to, as follows: (c) DEADLINE FOR APPLICATION AND PAY- 202(e) of such Act. MENT OF FEES.—Subsections (a) and (b) shall (e) DENIAL OF PREFERENTIAL IMMIGRATION AMENDMENT NO. 4065 apply only if the application for issuance of TREATMENT FOR CERTAIN RELATIVES.—The Strike all after the resolving clause and in- an immigrant visa or the application for ad- natural parents, brothers, and sisters of sert the following:

VerDate Aug 04 2004 02:42 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00139 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.175 S11PT1 S11330 CONGRESSIONAL RECORD — SENATE October 11, 2004 That Congress— The resolution (S. Res. 467) was diate consideration of S. 2979 which (1) recognizes the impact that Tourette agreed to. was introduced earlier today. Syndrome can have on people living with the The preamble was agreed to. The PRESIDING OFFICER. The disorder; The resolution, with its preamble, clerk will report the bill by title. (2) recognizes the importance of an early reads as follows: The legislative clerk read as follows: diagnosis and proper treatment of Tourette Syndrome; S. RES. 467 A bill (S. 2979) to amend title 5, United (3) recognizes the need for enhanced public Whereas Joseph Barbera is one of the pio- States Code, to authorize appropriations for the Administrative Conference of the United awareness of Tourette Syndrome; and neers of animated entertainment, having States for fiscal years 2005, 2006, and 2007, (4) supports the goals and ideals of Na- created, with his partner, William Hanna, and for other purposes. tional Tourette Syndrome Awareness Month. some of the world’s most recognizable and beloved characters, including Tom and There being no objection, the Senate AMENDMENT NO. 4066 Jerry, Huckleberry Hound, The Flintstones, proceeded to consider the bill. Strike the preamble and insert the fol- The Jetsons, Scooby-Doo, and Yogi Bear, Mr. FRIST. I ask unanimous consent lowing: among many others; that the bill be read a third time and Whereas Tourette Syndrome is an inher- Whereas Joseph Barbera is also one of the ited neurological disorder characterized by passed, the motion to reconsider be most honored figures in animated entertain- laid upon the table, and that any state- involuntary and sudden movements or re- ment, his creations Tom and Jerry having peated vocalizations; received 7 Academy Awards for their antics, ment relating to the matter be printed Whereas approximately 200,000 people in including their groundbreaking dancing ap- in the RECORD. the United States have been diagnosed with pearances with Gene Kelly and Esther Wil- The PRESIDING OFFICER. Without Tourette Syndrome and many more remain liams in live action films, and having won objection, it is so ordered. undiagnosed; multiple Emmy Awards, and Joseph Barbera The bill (S. 2979) was read the third Whereas lack of public awareness has in- himself having been elected to the Television time and passed, as follows: creased the social stigma attached to Academy Hall of Fame; S. 2979 Tourette Syndrome; Whereas in 1960, the team of Joseph Be it enacted by the Senate and House of Rep- Whereas early diagnosis and treatment of Barbera and William Hanna created tele- Tourette Syndrome can prevent physical and resentatives of the United States of America in vision’s first animated family sitcom, ‘‘The Congress assembled, psychological harm; Flintstones’’, a series marked by a number of Whereas there is no known cure for SECTION 1. SHORT TITLE. other firsts—the first animated series to air This Act may be cited as the ‘‘Federal Reg- Tourette Syndrome and treatment involves in primetime, the first animated series to go multiple medications and therapies; and ulatory Improvement Act of 2004’’. beyond the 6- or 7-minute cartoon format, SEC. 2. PURPOSES. Whereas May 15 through June 15 has been and the first animated series to feature designated as National Tourette Syndrome (a) PURPOSES.—Section 591 of title 5, human characters; United States Code, is amended to read as Awareness Month, the goal of which is to Whereas ‘‘The Flintstones’’ ran for 6 years educate the public about the nature and ef- follows: and became the top-ranking animated pro- ‘‘§ 591 Purposes fects of Tourette Syndrome: Now, therefore, gram in syndication history, with all origi- ‘‘The purposes of this subchapter are— be it nal 166 episodes currently seen in more than ‘‘(1) to provide suitable arrangements AMENDMENT NO. 4067 80 countries worldwide; through which Federal agencies, assisted by (Purpose: To amend the title) Whereas Joseph Barbera cocreated a cow- outside experts, may cooperatively study ardly Great Dane named Scooby-Doo, who Amend the title so as to read ‘‘Recognizing mutual problems, exchange information, and eventually made his own place in television the importance of early diagnosis, proper develop recommendations for action by prop- history, for the popular series ‘‘Scooby-Doo, treatment, and enhanced public awareness of er authorities to the end that private rights Where Are You?’’ remained in production for Tourette Syndrome and supporting the goals may be fully protected and regulatory ac- 17 years, still maintains the title of tele- and ideals of National Tourette Syndrome tivities and other Federal responsibilities vision’s longest-running animated series, and Awareness Month.’’ may be carried out expeditiously in the pub- serves as the inspiration for a series of cur- lic interest; The concurrent resolution (S. Con. rent live-action films; ‘‘(2) to promote more effective public par- Res. 113), as amended, was agreed to. Whereas in 1981, Hanna-Barbera developed ticipation and efficiency in the rulemaking The preamble, as amended, was the phenomenally successful ‘‘The Smurfs’’, process; agreed to. which won 2 Daytime Emmy Awards in 1982 ‘‘(3) to reduce unnecessary litigation in the The concurrent resolution, as amend- and in 1983 for Outstanding Children’s Enter- regulatory process; tainment Series and a Humanitas Award (an ed, with its preamble, as amended, ‘‘(4) to improve the use of science in the award given to shows that best affirm the reads as follows: regulatory process; and dignity of the human person) in 1987; (The bill will be printed in a future ‘‘(5) to improve the effectiveness of laws Whereas at the age of 99, Joseph Barbera edition of the RECORD.) applicable to the regulatory process.’’. continues to work actively in the field, re- f (b) CONFORMING AMENDMENTS.—Title 5 of porting to his office daily and continuing to the United States Code is amended— BIRTHDAY GREETINGS TO JOSEPH develop new animated entertainment for the (1) in section 594 by striking ‘‘purpose’’ and BARBERA ON HIS 100TH BIRTHDAY people of the United States and the world to inserting ‘‘purposes’’; and enjoy; (2) in the table of sections of chapter 5 of Mr. FRIST. I ask unanimous consent Whereas March 24, 2005, will be Joseph part I by amending the item relating to sec- that the Senate proceed to the imme- Barbera’s 100th birthday; and tion 591 to read as follows: Whereas the lives of families across the diate consideration of S. Res. 467, ‘‘591. Purposes’’. which was submitted earlier today by United States and throughout the world have been enriched by the shared enjoyment of SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Senator HATCH. the work of creators like Joseph Barbera: Section 596 of title 5, United States Code, The PRESIDING OFFICER. The Now, therefore, be it is amended to read as follows: clerk will report the resolution by Resolved, That the Senate— ‘‘§ 596. Authorization of appropriations title. (1) on behalf of the American people, ex- ‘‘There are authorized to be appropriated The legislative clerk read as follows: tends its birthday greetings and best wishes to carry out this subchapter not more than A resolution (S. Res. 467) extending birth- to Joseph Barbera on the occasion of his $3,000,000 for fiscal year 2005, $3,100,000 for fis- day greetings to Joseph Barbera on the occa- 100th birthday; and cal year 2006, and $3,200,000 for fiscal year sion of his 100th birthday and designating (2) designates March 2005 as ‘‘Animated 2007. Of any amounts appropriated under this March 2005 as Animated Family Entertain- Family Entertainment Month’’ and encour- section, not more than $2,500 may be made ment Month. ages the families of the United States to available in each fiscal year for official rep- take time to enjoy together the family en- resentation and entertainment expenses for There being no objection, the Senate tertainment created by the Nation’s ani- foreign dignitaries.’’. proceeded to consider the resolution. mated storytellers. f Mr. FRIST. I ask unanimous consent f that the resolution be agreed to, the PROVIDING FOR CONVEYANCE OF preamble be agreed to, and the motion AMENDING UNITED STATES CODE PARCELS OF NATIONAL FOREST to reconsider be laid upon the table, TO AUTHORIZE APPROPRIATIONS SYSTEM LAND IN APALACHI- and that any statements relating to FOR ADMINISTRATIVE CON- COLA NATIONAL FOREST this matter be printed in the RECORD. FERENCE OF UNITED STATES Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent that the Agriculture Committee be dis- objection, it is so ordered. that the Senate proceed to the imme- charged from further consideration of

VerDate Aug 04 2004 02:39 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00140 Fmt 4637 Sfmt 0634 E:\CR\FM\A11OC6.179 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11331 H.R. 3217, and the Senate proceed to its years. In particular, USDA diverted help to meet these environmental chal- immediate consideration. significant funds from the Environ- lenges. The PRESIDING OFFICER. Without mental Quality Incentives Program, In addition, USDA conservation pro- objection, it is so ordered. The clerk EQIP, the Farmland and Ranchland grams promote regional equity in farm will report the bill by title. Protection Program, FRPP, the Grass- spending. More than 90 percent of The legislative clerk read as follows: lands Reserve Program, and the Wild- USDA spending flows to a handful of A bill (H.R. 3217) to provide for the convey- life Habitat Incentives Program, WHIP, large farmers in 15 mid-western and ance of several small parcels of National to pay for CRP and WRP technical as- southern States. As a result, many Forest System land in the Apalachicola Na- sistance. farmers and ranchers who are not eligi- tional Forest, Florida, to resolve boundary The 2002 farm bill clearly intended ble for traditional subsidies, including discrepancies involving the Mt. Trial Primi- USDA to use mandatory funds from the dairy farmers, ranchers, and fruit and tive Baptist Church of Wakulla County, Commodity Credit Corporation, CCC, vegetable farmers, rely upon conserva- Florida, and for other purposes. to pay for conservation technical as- tion programs to boost farm and ranch There being no objection, the Senate sistance. The plain language of the income and to ease the cost of environ- proceeded to consider the bill. statute, the General Accounting Office, mental compliance. Unlike commodity Mr. FRIST. I ask unanimous consent and every Member of Congress who had subsidies, conservation payments flow that the bill be read a time and passed, a hand in writing the farm bill support to all farmers and all regions. But, the the motion to reconsider be laid upon this interpretation of the farm bill. farmers and ranchers who depend upon the table, and that any statements re- Our legislation would override these programs, farmers, and ranchers lating to this matter be printed in the USDA’s decision and prevent funds who already receive a disproportion- RECORD. from working lands incentive programs ately small share of USDA funds, have The PRESIDING OFFICER. Without like EQIP and WHIP from being used to faced a disproportionately large cut in objection, it is so ordered. pay for the technical assistance costs spending. The bill (H.R. 3217) was read the third of CRP. The House Agriculture Sub- By passing this legislation Congress time and passed. committee on Conservation has al- and the administration will correct the f ready approved similar legislation, shortfall in conservation technical as- H.R. 1907, requiring each program to LIMITING TRANSFER OF CERTAIN sistance funding by directing USDA to pay for its own technical assistance COMMODITY CREDIT CORPORA- use CCC funds to provide technical as- needs. Our legislation parallels that ef- TION FUNDS sistance to USDA conservation pro- fort. Simply put our amendment would gram. This legislation restores the Mr. FRIST. I ask unanimous consent require the administration to honor clear intent of the authors of the 2002 that the Agriculture Committee be dis- the 2002 farm bill and mandate that farm bill relating to the payment of charged from further consideration of technical assistance for each program conservation technical assistance.∑ S. 2856, and that the Senate proceed to is derived from funds provided for that Mr. FRIST. I ask unanimous consent its immediate consideration. program. that the bill be read a third timed and The PRESIDING OFFICER. Without By providing more than $6.5 billion passed, the motion to reconsider be objection, it is so ordered. The clerk for working lands programs like EQIP laid upon the table, and any state- will report the bill by title. and WHIP in the 2002 farm bill, Con- ments relating to this matter be print- The legislative clerk read as follows: gress dramatically increased funds to ed in the RECORD. A bill (S. 2856) to limit the transfer of cer- help farmers manage working lands to The PRESIDING OFFICER. Without tain Commodity Credit Corporation funds produce food and fiber and simulta- objection, it is so ordered. between conservation programs for technical neously enhance water quality and The bill (S. 2856) was read the third assistance for other programs. wildlife habitat. For example, EQIP time and passed, as follows: There being no objection, the Senate helps share the cost of a broad range of S. 2856 proceeded to consider the bill. land management practices that help Be it enacted by the Senate and House of Rep- (At the request of Mr. DASCHLE, the the environment, include more effi- resentatives of the United States of America in following statement was ordered to be cient use of fertilizers and pesticides, Congress assembled, printed in the RECORD.) and innovative technologies to store SECTION 1. TECHNICAL ASSISTANCE. ∑ Mr. LEAHY. Mr. President, I am and reuse animal waste. In combina- (a) IN GENERAL.—Section 1241 of the Food pleased to support the passage of S. Security Act of 1985 (16 U.S.C. 3841) is amend- tion, these working lands programs ed by striking subsection (b) and inserting 2856, legislation that will restore the will provide farmers the tools and in- the following: conservation funding commitment centives they need to help meet our ‘‘(b) TECHNICAL ASSISTANCE.—Effective for Congress and the administration made major environmental challenges. fiscal year 2005 and each subsequent fiscal to farmers and ranchers in the 2002 Full funding for working lands incen- year, Commodity Credit Corporation funds farm bill. I applaud the leadership of tive programs like EQIP and WHIP is made available for each of the programs Agriculture Committee Chairman vital not only in helping farmers and specified in paragraphs (1) through (7) of sub- section (a)— COCHRAN and Ranking Member HARKIN ranchers improve their farm manage- ‘‘(1) shall be available for the provision of for their leadership to correct the ment, but also in meeting America’s technical assistance for the programs for shortfall in conservation technical as- most pressing environmental chal- which funds are made available; and sistance funding. For the last 2 years I lenges. Because 70 percent of the Amer- ‘‘(2) shall not be available for the provision have worked to correct this problem ican landscape is private land, farming of technical assistance for conservation pro- and am pleased to join my colleagues dramatically affects the health of grams specified in subsection (a) other than in this effort. America’s rivers, lakes and bays and the program for which the funds were made Despite historic funding conservation the fate of America’s rare species. Most available.’’. (b) EFFECTIVE DATE.—The amendment levels in the 2002 farm bill, family rare species depend upon private lands made by subsection (a) takes effect on Octo- farmers and ranchers offering to re- for the survival, and many will become ber 1, 2004. store wetlands, or offering to change extinct without help from private land- f the way they farm to improve air and owners. When farmers and ranchers water quality continue to be rejected take steps to help improve air and INTELLIGENCE AUTHORIZATION when they seek USDA conservation as- water quality or assist rare species, ACT FOR FISCAL YEAR 2005 sistance. Producers are being turned they can face new costs, new risks, or Mr. FRIST. I ask unanimous consent away due to the Department of Agri- loss of income. Conservation programs the Intelligence Committee be dis- culture’s decision to divert over $200 help share these costs, underwrite charged from further consideration of million from working lands conserva- these risks, or offset these losses of in- H.R. 4548, the intelligence reauthoriza- tion programs to pay for the cost of ad- come. Unless Congress provides ade- tion bill, and the Senate proceed to its ministering the Conservation Reserve quate resources for these programs, immediate consideration. Program, CRP, and the Wetlands Re- there is little reason to hope that our The PRESIDING OFFICER. Without serve Program, WRP, over the last 2 farmers and ranchers will be able to objection, it is so ordered.

VerDate Aug 04 2004 02:39 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00141 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.155 S11PT1 S11332 CONGRESSIONAL RECORD — SENATE October 11, 2004 The clerk will report the bill by title. boards, conferences, or interparliamen- selves in a stalled position with 153 The assistant legislative clerk read tary conferences authorized by law, by nominees right here who are being ob- as follows: concurrent action of the two Houses, or structed. Some on the other side of the A bill (H.R. 4548) to authorize appropria- by order of the Senate. aisle have said they have nominations tions for fiscal year 2005 for intelligence and The PRESIDING OFFICER. Without which they want considered and until intelligence-related activities of the United objection, it is so ordered. that happens everybody is going to be States Government, the Community Man- f held up. Indeed, that is what has hap- agement Account, and the Central Intel- pened. It is a scorched-earth-type pol- ligence Agency Retirement and Disability ORDER THAT ALL NOMINATIONS System, and for other purposes. icy which should not be tolerated. I am TO REMAIN STATUS QUO troubled by it. I hear such words as, There being no objection, the Senate Well, if I can’t have my person or the proceeded to consider the bill. Mr. FRIST. As in executive session I White House is not sending up the per- Mr. FRIST. I ask unanimous consent ask unanimous consent that during the son that I asked for, I am going to pun- all after the enacting clause be strick- upcoming adjournment of the Senate, ish everybody. That is what has hap- en and the text of S. 2386, as passed, be all nominations remain status quo. pened. inserted in lieu thereof, the bill, as The PRESIDING OFFICER. Without amended, be read a third time and objection, it is so ordered. We have 153 people who are on the passed, and the motions to reconsider f calendar who are ready and available be laid on the table, the Senate insist to go. Many of them have put their AMENDING THE AGRICULTURAL upon its amendment and request a con- lives on hold. They have dedicated ADJUSTMENT ACT ference with the House on the dis- themselves to public service. They agreeing votes of the two Houses, and Mr. FRIST. I ask unanimous consent have gone all the way through the sys- the Chair be authorized to appoint con- the Senate now proceed to consider- tem and they came to this point—to ferees on behalf of the Senate con- ation of H.R. 2984, which is at the desk. the floor right here—and they are ob- sisting of the entire committee. The PRESIDING OFFICER. The structed. clerk will report the bill by title. The PRESIDING OFFICER. Without On the calendar, ready and available The legislative clerk read as follows: objection, it is so ordered. to go are ambassadorships, critical am- The bill (H.R. 4548), as amended, was A bill (H.R. 2984) to amend the Agricul- bassadorships, for example, to Qatar, tural Adjustment Act to remove the require- read the third time and passed. Estonia, they are representatives to The PRESIDING OFFICER (Mr. SES- ment that processors be members of an agen- cy administering a marketing order applica- the United Nations who are being held SIONS) appointed Mr. ROBERTS, Mr. ble to pears. up, nominations to the Department of HATCH, Mr. DEWINE, Mr. BOND, Mr. There being no objection, the Senate Housing and Urban Development posi- LOTT, Ms. SNOWE, Mr. HAGEL, Mr. tions, various positions at the Environ- CHAMBLISS, Mr. WARNER, Mr. ROCKE- proceeded to consider the bill. Mr. FRIST. I ask unanimous consent mental Protection Agency, to the FELLER, Mr. LEVIN, Mrs. FEINSTEIN, Mr. Chemical Safety and Hazard Investiga- WYDEN, Mr. DURBIN, Mr. BAYH, Mr. ED- the bill be read a third time and passed, the motion to reconsider be tion Board, to the Department of Edu- WARDS, and Ms. MIKULSKI conferees on cation nominations, the Veterans Af- the part of the Senate. laid upon the table, and any state- ments be printed in the RECORD. fairs Assistant Secretary being held up, f The PRESIDING OFFICER. Without and nominations to African Develop- AUTHORIZATION TO SIGN BILLS objection, it is so ordered. ment being held up. There are more AND RESOLUTIONS The bill (H.R. 2984) was read the third than 25 pages of nominations being held up. Mr. FRIST. I ask unanimous consent time and passed. that during the adjournment of the f These are real people. These are not Senate, the majority leader, the junior just names on the calendar. These are Senator from Alabama, and the senior PENDING NOMINATIONS real people. They have subjected them- Senator from Virginia be authorized to Mr. FRIST. Mr. President, we are on selves to the process. They said, Yes, I sign duly enrolled bills on joint resolu- our final stretch. Before we leave for am willing to serve, but they are being tions. our adjournment prior to the election, obstructed. Most of these nominations The PRESIDING OFFICER. Without I do want to take a couple of minutes have gone all the way through the sys- objection, it is so ordered. to talk about the pending nominations. tem without any opposition and for f The pending nominations have be- most there is absolutely no con- come an issue because it has gotten troversy with their particular nomina- AUTHORITY FOR COMMITTEES TO longer and longer and longer, in terms tion. But they are being held hostage. REPORT of the list. I am very disappointed. We They are being held hostage, I believe Mr. FRIST. I ask unanimous consent have had a hugely successful session. unreasonably, and it should not be tol- that notwithstanding the Senate’s ad- The last 6 weeks and the last 3 days erated. It is within a Senator’s right to journment, committees be authorized have been tremendously productive, do that, but to me it is just wrong. to report legislative and executive but I am very disappointed that we These are people committed to public matters on November 10, from 10 a.m. leave here today stranding about, I be- service. There is no controversy about to 12 noon. lieve it is 153 pending nominations that them as individuals. They are being The PRESIDING OFFICER. Without are on the Executive Calendar today. held hostage. objection, it is so ordered. All of us have noted the calendar gets I understand this is not the first time f thicker and thicker, and it is because we failed to act on nominations or the there are 153 nominations that are AUTHORIZING THE PRESIDENT OF first time nominations have been held being held up. up to unrelated issues. THE SENATE, THE PRESIDENT For my colleagues, all of them know, PRO TEMPORE, AND THE MAJOR- but for others listening, these nomina- But I am disappointed that there are ITY AND MINORITY LEADERS TO tions have all been received from the Members in this body who have taken MAKE APPOINTMENTS President. The President has made the to such an extreme position—25 pages Mr. FRIST. Mr. President, I ask nominations. All of them have gone of nominations. unanimous consent that notwith- through the committee process. All are This whole concept of putting blan- standing the upcoming recess or ad- now available for Senate consideration. ket holds on everybody and holding ev- journment of the Senate, the President That is our responsibility. But now in erybody hostage simply is not appro- of the Senate, the President pro tem- the last few moments before we fin- priate and I believe is a disservice to pore, and the majority and minority ished our business—I am not going to the country. But that is what is hap- leaders be authorized to make appoint- go through the details why, I am not pening. To me it is not responsible. It ments to commissions, committees, going to rehash why. But we find our- is not legislating responsibly.

VerDate Aug 04 2004 02:39 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00142 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.157 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — SENATE S11333 Senators do have those individual As we have been working today and reach for the stars. It’s our nature. It’s rights, and, boy, we have seen indi- as we bring things to a close, we see all our destiny. vidual rights being used today and yes- of the country marching in parades in The President’s Centennial Chal- terday and the day before. Those are our cities and towns, coming together lenges program encourages the private the rules of the Senate. to enjoy families and friends. When I sector’s efforts to fulfill this dream. But again, I plea that people respect finish, I will celebrate the birthday of His program is providing incentives for this process and be reasonable and my son, which has been put on hold inventors and entrepreneurs to develop allow these nominations to be consid- until we adjourn, which will be shortly. less expensive spacecraft, improve ered and taken up in a way which al- It causes us to reflect a little bit about robotic technology, and encourage fu- lows us to act on these deserving peo- dreaming, curiosity, of the bravery ture astronauts. ple in a reasonable way—a way that that took place over 500 years ago. The President supports a vigorous would allow us to proceed with our f role for government in exploring places constitutional duties. beyond our planet. He believes in the SPACESHIPONE The Senate has to approve these indi- promise of space exploration. And he viduals with advice and consent. We Mr. FRIST. Mr. President, last week, believes, as I do, that, in time, private can’t give advice and consent if there is SpaceShipOne completed its third suc- citizens and entrepreneurs will lead hu- this wholesale obstruction. cessful flight into space. Burt Rutan, mankind to the stars. Again, I wanted to make sure every- Brian Binnie, Michael Melvill, and f body is heard in the nomination proc- their colleagues on the Tier One ess. But the obstruction of not being Project team deserve a place on the APPOINTMENT OF CONFEREES—S. able to consider them is unreasonable. honor roll of our Nation’s greatest ex- 2845 With all that said—I said I wasn’t plorers and innovators. Their bravery, The PRESIDING OFFICER. Pursuant going to rehash the why’s—I am very ingenuity, and hard work have disturbed by the process and dis- to the order of October 10, the Chair launched the age of commercial space appoints the following conferees on S. appointed by Senate colleagues. flight. I also commend the men and With that said, we will return in No- 2845: women who had the vision to establish vember. I hope that once past the elec- The Presiding Officer (Mr. SESSIONS) the Ansari X Prize. They all had tion—if that is why there is this whole- appointed Ms. COLLINS, Mr. LOTT, Mr. dreams—and they, with American spir- sale hostage holding, if that is why it DEWINE, Mr. ROBERTS, Mr. VOINOVICH, it, captured their dream. is, once we get past the election being Mr. SUNUNU, Mr. COLEMAN, Mr. America has always been on the cut- settled—we will be able to focus our at- LIEBERMAN, Mr. LEVIN, Mr. DURBIN, Mr. ting edge of space travel. We landed the tention on the calendar. ROCKEFELLER, Mr. GRAHAM of Florida, first people on the moon, performed the I hope we can return to the regular and Mr. LAUTENBERG conferees on the order and allow the Senate to act on first docking in space, made the first part of the Senate. successful soft landings on Mars, and these nominees. These are people who f believe in public service. I believe pub- built the world’s first fleet of reusable lic service and their consideration of spacecraft. We have explored eight of ORDERS FOR TUESDAY, public service is a noble cause. Let’s the nine planets and returned a treas- NOVEMBER 16, 2004 ure trove of information about our not leave them on hold indefinitely. Mr. FRIST. Mr. President, I ask Many of them are listening to the fact moon, asteroids, and comets. As I speak, our spacecraft beam back unanimous consent that when the Sen- that they will not get through to me ate completes its business today, it right now. scientific data from Mars, Saturn, and the orbit of our own planet. Soon, a stand in adjournment under the provi- f spacecraft will begin to send data from sions of H. Con. Res. 518 until 12 o’clock COLUMBUS DAY Mercury and another will return from noon on Tuesday, November 16; I fur- a close encounter with a comet. ther ask that following the prayer and Mr. FRIST. Mr. President, today is pledge, the morning hour be deemed Columbus Day. When we look back on Through NASA’s Discovery Program, expired, the Journal of proceedings be the history of Columbus Day and the universities and research labs work in approved to date, the time for the two history in this body, it was October 12 partnership with Washington policy leaders be reserved, and there then be a of 1492, the sailor onboard the Pinta makers to return valuable information period of morning business until the landed, and the next day Christopher about asteroids and our sun. And last, hour of 12:30, with Senators to speak Columbus and his three ships landed at but not least, we have spearheaded the for up to 5 minutes each. the Bahamian Island, ending a nearly 16-nation effort to build and crew the I further ask consent that the Senate 10-week journey across the Atlantic. International Space Station. Today, as we have been working here America will continue to push the recess from the hours of 12:30 to 2:15 for all day, people have been celebrating outer reaches of space exploration. We the weekly policy luncheon; provided Columbus Day all over the United will return the space shuttle to flight, further that at 2:15 the Senate begin States. It is the day to honor Chris- finish the International Space Station, executive session for the consideration topher Columbus’s sense of bravery, his continue our efforts to explore the of Executive Calendar No. 915, Francis curiosity, his dream in making that Moon, Mars, comets, asteroids, and Harvey, to be Secretary of the Army as dream come true, all of which are con- outer planets. We will also send more provided under the previous order. cepts that are still very much alive and humans into space. In doing this, we The PRESIDING OFFICER. Without well today in the spirit of Americans. will achieve the President’s goal to objection, it is so ordered. The first recorded celebration of Co- ‘‘extend human presence across the f lumbus Day took place on October 12, solar system.’’ 1792. That was to commemorate the The successful launch of PROGRAM 300th anniversary of Columbus’s land- SpaceShipOne shows that the private Mr. FRIST. Mr. President, in a mo- ing. A century later, the first official sector can achieve spectacular suc- ment we will be adjourning until No- celebration occurred when President cesses. In the future, entrepreneurs vember 16. As always, the adjournment Benjamin Harrison issued a proclama- will launch many of the routine resolution provides for both Houses of tion urging Americans to mark the spaceflight activities in low earth Congress to be called back into session day. And over the next decades, the orbit. if the public interest shall warrant it. Knights of Columbus, a Roman Catho- In time, privately financed, privately If it were necessary for the Senate to lic fraternal order, lobbied State legis- directed innovators will press forward reconvene prior to this November 16 latures to declare October 12 an official with the exploration of the Moon and date, certainly Senators would be given holiday. Colorado was the first to so in Mars. Space offers extraordinary po- ample time to make arrangements. 1907, followed by New York in 1909. The tential for commerce and adventure, If not called back, we would recon- Federal Government declared Colum- for new innovations and new tests of vene on that Tuesday, November 16. bus Day an official holiday in 1971. will. As Americans, we can’t help but During that week, the Senate will try

VerDate Aug 04 2004 02:39 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00143 Fmt 4637 Sfmt 0634 E:\CR\FM\G11OC6.159 S11PT1 S11334 CONGRESSIONAL RECORD — SENATE October 11, 2004 to finish up any remaining work prior I thank the staff. Viewers can see us ate stand in adjournment under the to the official sine die adjournment. here now, but behind us are hundreds of provisions of H. Con. Res. 518. In addition, both parties will be con- people still here at this late hour. They There being no objection, the Senate, ducting their respective leadership have been here all day today and over at 6:58 p.m., adjourned until Tuesday, elections in the early part of that week the last 2 days, well into each evening. November 16, 2004, at 12 noon. as well as the orientation program for I thank them. I thank the police offi- f newly elected Members. Thus, the next cers who protect us every day, and I rollcall vote will occur on Tuesday, No- thank the cloakroom staff, the door- CONFIRMATIONS vember 16, around 5:15, if all debate is keepers, the legislative clerks, the re- Executive nominations confirmed by necessary, and that vote will be on the porters who were here throughout the the Senate October 11, 2004: nomination to the position of Sec- weekend and today and tonight, espe- retary of the Army. cially the pages who are with us from IN THE COAST GUARD Again we have further business that early every morning from the time be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT week, including the remaining appro- IN THE UNITED STATES COAST GUARD TO THE GRADE IN- fore we get here and stay until after we DICATED UNDER TITLE 14, U.S.C., SECTION 271: priations process. I do wish everyone a leave—really, everyone. The list goes To be rear admiral (lower half) safe and hopefully restful few weeks. on and on around the Capitol complex CAPT. GARY T. BLORE Many of our colleagues will be cam- to keep this place running. CAPT. CRAIG E. BONE paigning across the country and most I thank the Presiding Officer. I have CAPT. ROBERT S. BRANHAM CAPT. JOHN P. CURRIER have departed and started that process been here a lot over the last 2 or 3 days CAPT. RONALD T. HEWITT now. Hopefully, everyone in the Cham- and he has been here equal to me. CAPT. JOSEPH L. NIMMICH ber will have well-deserved time to Every time I am here, I see him here as CAPT. JOEL R. WHITEHEAD spend with family and with friends. We COAST GUARD NOMINATION OF KENNETH W. MEGAN. well. I thank the Presiding Officer be- COAST GUARD NOMINATIONS BEGINNING JOHN B. have had, as I said again and again, a cause we have run on probably about 3 MCDERMOTT AND ENDING DAVID C. CLIPPINGER, WHICH very productive 6 weeks, and an un- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- hours after any Members anticipated. PEARED IN THE CONGRESSIONAL RECORD ON SEP- usual weekend and holiday session in Very important comments needed to TEMBER 10, 2004. order to complete our business. be made and I know we have inconven- COAST GUARD NOMINATION OF KAREN W. QUIACHON. COAST GUARD NOMINATIONS BEGINNING MICHAEL H I will not review the bills we passed ienced a lot of people in staying around ANDERSON AND ENDING GORDON K WEEKS, WHICH NOMI- today, but the long list of bills that we to allow everyone to speak what they NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- passed today, the business we went felt to be important. TEMBER 10, 2004. through very quickly over the last 15 COAST GUARD NOMINATIONS BEGINNING SCOTT B. f BEESON AND ENDING NEEDHAM E. WARD, WHICH NOMI- or 20 minutes, again, represents sub- NATIONS WERE RECEIVED BY THE SENATE AND AP- stantial work, thousands and thou- ADJOURNMENT UNTIL TUESDAY, PEARED IN THE CONGRESSIONAL RECORD ON SEP- NOVEMBER 16, 2004 TEMBER 13, 2004. sands of person-hours of work with leg- PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING islation that is to the benefit of men Mr. FRIST. If there is no further TIMOTHY D. MASTRO AND ENDING ANTHONY A. WALKER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE and women and families all over Amer- business to come before the Senate, I AND APPEARED IN THE CONGRESSIONAL RECORD ON ica. ask unanimous consent that the Sen- JULY 19, 2004.

VerDate Aug 04 2004 02:39 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00144 Fmt 4637 Sfmt 9801 E:\CR\FM\G11OC6.161 S11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1867 EXTENSIONS OF REMARKS

HONORING MATTHEW M. LEWICKI THE DISABLED FEDERAL Mr. Speaker, I believe that everyone in this EMPLOYEES PROTECTION ACT body wants to protect employment opportuni- ties for the severely disabled. I urge my col- HON. DALE E. KILDEE HON. CHRIS VAN HOLLEN leagues to support and cosponsor the Dis- abled Federal Employees Protection Act. OF MICHIGAN OF MARYLAND ECORD IN THE HOUSE OF REPRESENTATIVES I am submitting for the R an article IN THE HOUSE OF REPRESENTATIVES that was published by The Washington Post Thursday, October 7, 2004 on October 14, 2003 that describes the situa- Thursday, October 7, 2004 Mr. VAN HOLLEN. Mr. Speaker, I am proud tion involving the scullery workers at the Na- Mr. KILDEE. Mr. Speaker, I rise before you today to introduce the Disabled Federal Em- tional Naval Medical Center. today on behalf of the members of the Michi- ployees Protection Act. [From the Washington Post, Oct. 4, 2004] The Disabled Federal Employees Protection gan Department of the Polish Legion of Amer- IN BETHESDA, HIRING POLICY, ‘‘COMPETITIVE Act (DFEPA) simply states that in cases SOURCING’’ CLASH ican Veterans, USA to pay tribute to Matthew where federal jobs are contracted out, a Fed- NAVAL MEDICAL CENTER CONSIDERS REPLACING M. Lewicki, World War II veteran, for his serv- eral employee should not lose his or her job DISABLED WORKERS ice in the United States Army’s 45th Infantry if that employee is an individual with a signifi- (By Christopher Lee) 179th Infantry Division from May 1, 1943 to cant physical or developmental disability and President Bush’s efforts to make govern- November 5, 1945. On Saturday, October 16, had been hired under a program designed for ment run more like a business collided this 2004 the Polish Legion along with family and individuals with such disabilities. month with the reality that, in many ways, friends will gather to present Mr. Lewicki with The DFEPA was drafted to respond to a government is not a business. medals he earned during his military career. particular situation that occurred at the Na- For the past 2 years, the Navy, as part of the Bush administration’s initiative, has On May 1, 1943 Mr. Lewicki entered into tional Naval Medical Center in Bethesda, been studying whether a private contractor the U.S. Army during World War II. He was Maryland. Last fall I visited the Hospital, which should take over the custodial and food serv- assigned to the 45th Infantry 179th Infantry Di- has developed an innovative and successful ices provided by 21 Federal employees at the vision as a Private Infantry Auto Rifleman. He program hiring developmentally disabled indi- National Naval Medical Center in Bethesda. viduals from our local community to work in its It is just one small example of Bush’s was wounded at Anzio Beach, Italy. Dunlop kitchen and cafeteria. Many of these individ- ‘‘competitive sourcing’’ initiative, which re- Acting Adjutant General sent notification to Mr. uals have worked there for more than 20 quires hundreds of thousands of civil serv- Lewicki’s family on April 11, 1944 stating that ants across the government to prove they years. They are hard-working, reliable, and can do their work better and more cheaply he had been captured by the Germans and beloved by the naval officers and staff. I was was a Prisoner of War. He had been missing than a private contractor, or risk seeing the shocked to learn that the Administration had work outsourced. in action since February 18th. The Germans selected these positions to be subject to com- But in one important way the 21 workers sent him to a warehouse in Italy for three petitive sourcing. In other words, these hard- in the hospital scullery are different: All are weeks, after which he was transferred to a working disabled employees, who had been mentally retarded, beneficiaries of Federal prison camp in Germany where he was as- hired under a federal program designed spe- policies that promote the employment of signed to work on a farm. His Prisoner of War people with disabilities. cifically to hire the severely disabled, would be To their supporters, the administration’s number was Stalag 7–B, #11689. Mr. Lewicki forced to compete for their own jobs against requirement that they compete for their jobs spent a total of 14 months in captivity. Cor- people who were not disabled, leaving them misses the point that government employ- poral Lewicki was honorably discharged on on the verge of losing their jobs. I wrote the ment has always been about more than the November 5, 1945. Mr. Lewicki, after his dis- President about this injustice and am pleased bottom line. Through various policies and charge from the service, returned to his em- that as a result of our timely intervention, laws, Federal agencies for decades have gone out of their way to hire members of certain ployment at General Motors Buick Motor Divi- plans to compete these jobs have been with- drawn and these individuals have been able to populations, from veterans to disabled peo- sion. He retired in 1980 after 44 years of em- ple to welfare mothers and students. ployment. keep their jobs and the sense of dignity that ‘‘There are different goals of the Federal comes with them. Matthew M. Lewicki was born on June 13, government, and one of those goals is to get But it is unconscionable that other severely different people into real jobs,’’ said Rep. 1915 in Troy, New York. The Lewickis relo- disabled Federal workers might have to suffer Chris Van Hollen (D–Md.), who met last cated to Flint, Michigan in 1917 when Matthew through the same thing. The DFEPA will pro- month with the scullery workers at the hos- was 2 years old. Mr. Lewicki met his lovely tect Federal employees with severe disabilities pital, which is in his district. ‘‘And this [pol- wife, Albina Piotrowski, in 1940 and they were from losing their Federal jobs as a result of icy] will undercut that goal.’’ married on May 3, 1941. To this blessed union Bush has strongly defended ‘‘competitive contracting out. The bill does allow for jobs to sourcing,’’ calling it one of his most impor- were born two sons, Matthew and David. Mrs. continue to be contracted out to organizations tant management initiatives. He says forc- Lewicki passed away on March 6, 1992 at the like NISH (formerly known as the National In- ing government workers to compete with age of 70. Matthew Lewicki is a lifelong char- stitute for the Severely Handicapped) and the private contractors for their jobs promotes ter member of Dom Polski and the Sea National Industries for the Blind covered under government efficiency and saves taxpayer League. In his spare time Mr. Lewicki enjoys the Javits-Wagner-O’Day Act (JWOD). JWOD dollars—even if the jobs stay in-house. An bowling and fishing. established specific programs to hire the se- Oct. 3 report by the Office of Management verely disabled; it is not the intention of the and Budget said Federal agencies have iden- Mr. Speaker, as a Member of Congress, I tified 434,820 jobs that are ripe for such com- DFEPA to interfere with JWOD. petition, of which 103,412 are being evaluated consider it my duty and my privilege to protect The DFEPA is supported by many organiza- and defend human dignity and the quality of for possible contracting out. tions, including ANCOR (The American Net- ‘‘We are confident that the savings and life for our citizens. I am extremely grateful to work of Community Options and Resources), service benefits expected from this effort have a person like Matthew M. Lewicki who The Public Policy Collaboration of United Cer- will soon follow,’’ Clay Johnson III, OMB’s shares these beliefs, and has made it his life’s ebral Palsy and the Arc of the United States. deputy director for management, said that work to see this task achieved. I honor Mr. The DFEPA also has the support of the Pro- day. Lewicki for his commendable service to our fessional Services Council, one of the principal That provides scant comfort to employees Nation and its mission of spreading peace. I such as Devorah Shapiro, 30, who has worked organizations representing government con- at the hospital scullery for 10 years and wor- ask my colleagues in the 108th Congress to tractors, because they agree that supporting ries what will happen if she loses her job. please join me in congratulating Mr. Lewicki, employment opportunities for the disabled is ‘‘I like working here,’’ Shapiro said the and wishing him the best in future endeavors. important. other day while taking a break from the first

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

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.074 E11PT1 E1868 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 half of her 8-hour shift. ‘‘I work on the belt. than half the time, according to the OMB. you can’t have a member of Congress or a I help push carts upstairs sometimes. I wash Even in the cases where the private sector member of the press visit every site where plates, pick silverware—I do everything.’’ has won, the employees often have gone to you’ve got . . . contracting out going on Shapiro landed the job after interning at work for the contractor. But the scullery with model programs.’’ the hospital while a student at Rock Terrace employees are at a decided disadvantage. f School, a public campus in Rockville that ‘‘If you are special needs, you have a great serves 112 special-needs children in grades 6 need for greater supervision,’’ Slaughter PERSONAL EXPLANATION through 12. ‘‘I live in a group home and I said. ‘‘And we all know that supervision have to pay the rent there,’’ said Shapiro, costs money.’’ her dark curls tucked neatly under a Jerry Leener, whose son Mike, 27, has HON. GERALD D. KLECZKA hairnet. ‘‘And I have to work, or else they’ll worked at the hospital for 8 years, said that OF WISCONSIN ask me to leave. I don’t want to leave my even a White House focused on the bottom IN THE HOUSE OF REPRESENTATIVES line should realize there is little to be gained friends. I don’t want to leave my house. It’s Thursday, October 7, 2004 too nice.’’ by contracting out the work. Displaced em- The work isn’t easy. The employees, clad ployees would turn to government entitle- Mr. KLECZKA. Mr. Speaker, on the evening in blue uniforms and white plastic aprons, ment programs, including Federal disability of Tuesday, October 5 and on Wednesday, remove trash and utensils from used trays as payments, Medicaid and food stamps. October 6, I was not present for business on ‘‘If our kids lose their jobs, the Federal they navigate across a water-slicked red tile the floor of the House due to personal busi- floor. Many wear earplugs to block out the government is still going to have to com- drone of the industrial dishwasher that pensate them,’’ Leener said. ‘‘Either way, ness and was thereby absent for votes on roll- cleans the dishes and trays that pass through it’s going to be coming out of Federal funds. call Nos. 494 through 501. Had I been it on a conveyer belt before the workers re- So we haven’t had a cost saving as it relates present, I would have voted ‘‘no’’ on rollcall trieve and stack them in neat piles. Shifts to these kids. What’s more, we’ve displaced No. 494; ‘‘yea’’ on rollcall No. 495; ‘‘yea’’ on begin at 5:30 a.m. and finish as late as 7 p.m. them from their passion. They love working rollcall No. 496; ‘‘yea’’ on rollcall No. 497; James Eastridge, 38, another former Rock here. They love being a part of this.’’ ‘‘yea’’ on rollcall No. 498; ‘‘no’’ on rollcall No. Terrace student, has worked in the kitchen Military officials have been sympathetic 499; ‘‘no’’ on rollcall No. 500; and ‘‘yea’’ on for 22 years. That is long enough for him to but unmoved. Slaughter said that early on in earn several promotions and enough money the process she asked about getting a waiver rollcall No. 501. to buy a house in Hagerstown, where he lives for the workers, but none was forthcoming. f with his parents. Over the last year, parents of some workers ‘‘I started out when I was 16 years old and have written to Navy officials and members RECOGNIZING THE IMPORTANCE just kept on working; the years just flew of Congress seeking help, but with no con- OF THE ARTS IN COMMUNITY by,’’ he said. ‘‘I hope we get to keep the jobs. crete results. DEVELOPMENT When I was in school, I was pretty wild. They As recently as 2 weeks ago, Navy officials got me in the job . . . and I’ve been doing said they were still studying the situation. good ever since I’ve been here.’’ Parents of the workers grew nervous as a De- HON. BRAD MILLER Randy Severt, a teacher at Rock Terrace, cember deadline loomed for the hospital to OF NORTH CAROLINA said more than 300 students have interned or submit its bid to keep the scullery jobs in- IN THE HOUSE OF REPRESENTATIVES worked at the hospital since the school house. They were told that a decision on Thursday, October 7, 2004 formed a partnership with the institution in whether a contractor would take over could 1979. The Navy got reliable, long-serving em- come as soon as March. Mr. MILLER of North Carolina. Mr. Speaker, ployees for hard-to-fill positions. The stu- Then on Oct. 2, 10 days after Van Hollen’s throughout the country there has been a re- dents, who earn between $9.42 and $12.80 an visit to the scullery and after inquiries by birth of the arts, and the importance of the arts hour, were given an opportunity to work, the Washington Post, Navy officials passed to economic development and revitalization in learn about money management and become the word internally that they had been di- our communities deserves to be recognized. more self-sufficient. rected to temporarily stop working on the Providing such opportunities is a long- job competition. ‘‘The study has not been Cultural facilities and events enhance property standing goal of the Federal government. cancelled, but postponed until further no- values, tax resources and overall profitability The Rehabilitation Act of 1973 banned dis- tice,’’ an internal e-mail said. for our cities and towns. In doing so, the arts crimination against disabled people in Fed- Parents said they were given a vague ex- have become a direct contributor to reviving eral hiring and required agencies to develop planation that the job competition had gone many of our urban and rural areas. From affirmative action plans to hire more people on longer than current law permits. A provi- major metropolitan areas to small towns, the with disabilities. sion in the recently passed 2004 Defense Ap- arts have proven to be sound economic in- propriations bill blocks new funding for sin- Most of the scullery workers joined the vestments. I value the contributions made by hospital under a Federal hiring authority gle-function job competitions that have ex- that allows agencies to take on people with ceeded 24 months, and multifunction com- the arts and believe that Congress has a re- mental retardation as provisional employ- petitions that have exceeded 30 months. sponsibility to support the arts and all cultural ees, then convert them to permanent status Navy officials at the hospital did not respond activities. after 2 years of satisfactory service. The gov- to two requests for more information about Nationally, the arts have had a profound ef- ernment employed 1,734 mentally retarded the decision. fect on community development but more spe- workers in 2000, about one-tenth of 1 percent ‘‘I have a suspicion that they were starting cifically, have assisted in the economic growth of the 1.8 million-strong Federal civilian to feel political pressure and decided to put in my home state of North Carolina. I am it on hold, and that maybe this thing would workforce, according to the Office of Per- pleased to present an article by Mr. Lawrence sonnel Management. (Overall, more than blow over,’’ said Leener, who added that he 120,000 disabled people worked for the gov- remains uncertain about whether his son’s J. Wheeler, Director of the North Carolina Mu- ernment that year, more than 7 percent of job is safe. ‘‘We took it as a big victory, be- seum of Art, that brings attention to the devel- the Federal workforce.) lieve me, but it’s a temporary one.’’ opment and economic effect that the arts have If the hospital scullery work goes to a pri- Trent Duffy, an OMB spokesman, said had in North Carolina. In his editorial entitled vate contractor, it will mean a big adjust- agencies may cancel job competitions that ‘‘For Development, Draw on N.C.’s Arts,’’ ment for a group of workers who, due to cir- jeopardize protected workers, such as vet- which appeared in the News & Observer ear- erans or disabled people. ‘‘It is permissible cumstances and disability, do not cope well lier this year, Mr. Wheeler provides insight into with change, Severt said. for agencies to make that determination and ‘‘They have problems finding jobs on their cancel a competition because these protected the positive influence that the arts have had own. They don’t advocate well for them- populations, these certain people, could po- upon communities in North Carolina. Mr. selves and they don’t have a lot of skills,’’ tentially lose their livelihoods,’’ Duffy said. Wheeler rightfully calls on the arts to be used Severt said. ‘‘Some of them can speak well. ‘‘They absolutely have that discretion under as full partners in future economic planning, Some of them have very good social skills. the law.’’ Van Hollen, who wrote a letter to and I believe that Congress and state govern- But they are retarded, and they need help Bush urging him to halt the study, said he ments should heed this advice. viewed the Navy’s decision as little more every step of the way. They just don’t [Editorial-Opinion—the News & Observer, than political expediency. He still believes adapt.’’ April 27, 2004] Hospital officials say the quality of the competitive sourcing is ‘‘a one-size-fits-all work isn’t at issue. ‘‘They’re very loyal em- contracting-out policy that does not take FOR DEVELOPMENT, DRAW ON N.C.’S ARTS ployees,’’ said Cmdr. Martie Slaughter, the into account other important goals of the Twenty years ago, the idea of using art as hospital’s nutrition manager. ‘‘I’ve only been federal government,’’ he said. a tool for community development would here for 2 years and they are like my fam- ‘‘I still think it’s an example of their pol- have been dismissed as a meddlesome intru- ily.’’ icy run amok,’’ Van Hollen said. ‘‘There’s no sion by self-interested arts advocates. But as In similar competitions across the govern- doubt what happened here. You want to ap- more and more jobs are being outsourced and ment, the in-house bid has triumphed more plaud the Navy for reversing its decision, but downtown areas are becoming ghost towns,

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.077 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1869 economic developers are viewing vibrant North Carolina has a rich history of pro- baseball and softball, as well as improving the urban centers as critical to attracting work- viding cultural opportunities to its people. safety of law enforcement and military per- ers, placing the arts at the center of the de- The first state-supported symphony orches- sonnel. Dr. Hale was born in 1924 in Hardy, bate on community development. tra, the first state-funded art collection and Art has become a focal point for commu- the first cabinet-level Department of Cul- Nebraska. He grew up in Nebraska and grad- nity leaders, economic development special- tural Resources were all created here, along uated from Hardy Public Schools in 1942. He ists and the citizens themselves. They look with an extraordinary network of 93 commu- then continued on to attend the University of to the arts for inspiration, aesthetics and de- nity-based arts councils throughout the Nebraska at Lincoln for one year, and then sign, leadership and creativity, which can re- State. These are superb sources to identify Doane College in the V–12 officers training shape our communities and make them vital, leaders who can be invaluable in shaping the program for the United States Navy. livable and relevant in the face of the eco- conversations and agendas for economic de- Following active duty during World War II, nomic changes of our time. velopment in our communities. Richard Florida, author of the highly tout- Our State’s struggle with economic change he earned his bachelor’s degree from Colgate ed community development treatise, ‘‘The will require a rearranging of investment pri- University at Hamilton, New York in 1948, his Rise of the Creative Class,’’ says that if the orities and significant private and public master’s from Springfield College in 1949, and goal is to attract a creative class of entre- support. Only when the arts are used as full his doctorate from New York University in preneurs and workers, then cities must pro- partners in planning will North Carolina see 1951. vide, in addition to a tolerant social environ- sustainable economies, lively communities Dr. Creighton J. Hale, as an exercise physi- ment, diverse social and cultural enhance- and an enriched quality of life for everyone. ments, like great parks, art, music and live- ologist, first conducted a scientific study of ly community main streets. Art and design f professional baseball players while an asso- vitality are emphasized as a key factor that CONGRESSMAN JACK FIELDS POST ciate professor at Springfield College from has enabled economic progress. OFFICE 1951–1955. Dr. Hale developed an electronic For decades, coalitions of arts organiza- testing device to measure the reaction times tions have undertaken economic impact studies to demonstrate their collective fi- SPEECH OF of major league baseball players. Along with nancial contribution to local, regional, and this research, Dr. Hale found that children had state economies, receiving scant attention HON. LANE EVANS less time to react to a pitch than major league from policymakers and political leaders. A OF ILLINOIS players. With the conclusion of his findings, recent study conducted by Americans for the IN THE HOUSE OF REPRESENTATIVES the Little League pitching mound was moved Arts found the arts industry generates $134 Wednesday, October 6, 2004 back from 44 feet to 46 feet, thus resulting in billion in economic activity every year. A fewer batters being injured. new report by Arts North Carolina shows Mr. EVANS. Mr. Speaker, today I would like One of the next inventions that Dr. Hale that the state’s arts industry produces near- to voice my support for H.R. 4232, the Con- worked on was the double-earflap batter’s hel- ly $1 billion in financial impact. gressman Jack Fields Post Office Redesigna- Clearly it is time to take a closer look at met, now made of a variety of lightweight plas- tion Act. This legislation would rename the the measurable financial value of the arts. tics. The original helmet was made of fiber- United States Postal Service facility at 4025 The use of architecture in recent art mu- glass and could not withstand the impact of a Feather Lakes Way in Kingwood, Texas as seum design illustrates the impact of the pitched ball. In addition, the design did not arts on tourism and community image. the ‘‘Congressman Jack Fields Post Office.’’ protect the temple area. Little League made Frank Gehry’s Guggenheim Museum of Art I have nothing but respect and admiration use of the new helmets mandatory in 1961. in Bilbao, Spain, Santiago Calatrava’s soar- for my former colleague, Congressman Jack Dr. Hale was also an integral part of devel- ing structure for the Milwaukee Museum of Fields. Jack represented the 8th Congres- Art, and the newly celebrated Fort Worth oping the aluminum bat and the one-piece sional District of Texas in the House of Rep- Museum of Modern Art by Tadao Ando have catcher’s mask attached to a helmet. resentatives from 1981 to 1997. He served on brought not only extraordinary inter- Outside of sports, Dr. Hale assisted in the national attention, but also tourist dollars the House Committee on Commerce, and be- to these cities. came the Chairman of the Subcommittee on development of the infantry pack in 1954 for Here in North Carolina, we are developing Telecommunications and Finance in 1995. As use by the United States Army. In 1976, he cultural landmarks as well, such as Wilming- Subcommittee Chairman, Jack led the effort in became chairman of a group of scientist with ton’s new Cameron Art Museum, designed by the National Research Council of the National the renowned architect Charles Gwathmey. the House to enact the first comprehensive re- form of the Communications Act of 1934, Academy of Sciences. During this time, his re- The success of this project has considerably search aided the development of a lightweight boosted the cultural and civic energy of the which became the Telecommunications Act of city. 1996. This bill was signed into law by Presi- bullet-resistant vest used by the military and The Research Triangle region has invested dent Clinton in February of that year. law enforcement personnel. In addition, Dr. more than $250 million in its arts and muse- As the Ranking Minority Member on the Hale co-designed a one-piece helmet made of ums infrastructure in recent years, with Committee on Merchant Marine and Fisheries, Kevlar that offered more protection than the plans to invest nearly $150 million more in Army’s previous steel helmet. All United cultural facilities in Durham, Chapel Hill a position he held from 1981 to 1995, Jack was actively involved in the legislation related States military personnel now use this type of and Raleigh. The N.C. Museum of Art in Ra- helmet. leigh has commissioned New York-based ar- to oil spill liability that passed after the ground- chitect Thomas Phifer to create plans for its ing of the Exxon Valdez in Alaska. He was Dr. Hale also made invaluable contributions expansion. also an advocate on issues as diverse as as president for Little League Baseball from Several other communities, including safety in the cruise ship industry, endangered 1973–1994. As well as serving as president, Charlotte, Asheville and the Piedmont Triad, species and wetlands, fisheries and wildlife he served as Chief Executive Officer of the are planning major investments in cultural refuges, promotion of American ports, ship- Board from 1983–1996. Under his leadership, facilities and the arts programs to attract the number of leagues enrolled increased from jobs, visitors and dollars. Cities, large and building, and the Coast Guard. small, are recognizing that cultural invest- I am proud to support this salute to my 10,006 to 21,711 and the number of partici- ments make economic sense. friend, former Representative Jack Fields. This pants increased from 370,000 to 3,123,205. At As the arts take center stage in economic is truly a fitting tribute to a remarkable man, the turn of the 21st century, Little League growth, metropolitan regions have the op- and I congratulate him on this honor. Baseball and Softball had become the world’s portunity to put their cultural strengths to f largest youth sports program, serving boys work. Many regions are investing in industry and girls ages 5 to 18. clusters—concentrations of businesses that COMMEMORATING THE CONTRIBU- are linked to each other through their sup- Dr. Creighton J. Hale has made many valu- pliers and producers. There are abundant ex- TIONS OF DR. CREIGHTON J. able contributions to Little League Baseball amples of real success stories when the cul- HALE and Softball in the way of innovations and tural resources of a region become full part- moral support. He understood the mission set ners in shaping economic development strat- HON. TOM OSBORNE by founder Carl E. Stotz that Little League egies. Asheville is developing a prosperous OF NEBRASKA was about the development of good citizens industry cluster around its regional crafts rather than good athletes through ‘‘coaches heritage. Handmade in America leads a coa- IN THE HOUSE OF REPRESENTATIVES teaching kids respect and discipline and lition of regional organizations that promote Thursday, October 7, 2004 the making and sale of crafts, as well as sportsmanship and the desire to excel.’’ I com- tourism to artisans’ studios, related muse- Mr. OSBORNE. Mr. Speaker, I rise today to mend Dr. Hale for all that he has done to im- ums, historic inns and sites and the region’s honor Dr. Creighton J. Hale who made many prove the lives of young people, servicemen magnificent natural resources. important contributions to sports safety in and women, and law enforcement personnel.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.082 E11PT1 E1870 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 IN TRIBUTE TO CHARLES R. Scouts, the Kiwanis Club, the Chamber of RECOGNIZING THE ACCOMPLISH- ADAMS, JR. Commerce, the United Way, and the Meth- MENTS OF MR. LOWELL E. odist Church. For 50 years, he has lived out ENSLEN HON. JIM MARSHALL the finest aspects of a true professional. I am OF GEORGIA proud to claim Charles R. Adams, Jr., as a HON. PETER J. VISCLOSKY IN THE HOUSE OF REPRESENTATIVES constituent and friend, and I hope that every- OF INDIANA one will join me in wishing him many more Thursday, October 7, 2004 IN THE HOUSE OF REPRESENTATIVES happy and productive years to come. Mr. MARSHALL. Mr. Speaker, I rise today Thursday, October 7, 2004 to pay tribute to a man who for half a century f Mr. VISCLOSKY. Mr. Speaker, it is with has served the people of my State and District great honor and pleasure that I stand before in the noble calling of the law. On October 11, ON THE RETIREMENT OF CAPTAIN you today to recognize the many accomplish- 2004, my good friend Charles R. Adams, Jr. ROBERT C. WILKENS ments of Mr. Lowell E. Enslen. I can truly say will mark his golden anniversary as an active that Lowell is a dedicated, distinguished and member of the Georgia Bar. HON. SUSAN A. DAVIS committed citizen. I have known him since Charlie Adams was born in Fitzgerald, GA, 1973, and besides the practice of law he has OF CALIFORNIA in 1932, the descendent of several prominent been one of the most caring people involved families in Middle Georgia. In 1946, Charlie, IN THE HOUSE OF REPRESENTATIVES in his community. Lowell has practiced law in 13 at the time, served as a page in the Eighty- Thursday, October 7, 2004 Hammond and has served the community for Seventh Congress. over 50 years, including dedicated service to Mrs. DAVIS of California. Mr. Speaker, it is Valedictorian of the Fitzgerald High School many charitable and civic organizations. His with great pleasure that I rise today to recog- Class of ’49, Charlie continued his distin- career as a lawyer has allowed him the oppor- nize and honor the service and career of Cap- guished academic and leadership record at tunity to touch the lives of numerous people. tain Robert C. Wilkens as he retires after 32 the University of Georgia, achieving member- For many years Lowell has helped with the in- years of distinguished service in support of our ship in the Phi Beta Kappa honorary fraternity, duction of new citizens in cooperation with the Nation. Throughout his career, Captain in the Alpha Tau Omega fraternity and served Federal District Court of Hammond, Indiana on Wilkens has epitomized the Navy’s core val- as President of UGA’s Interfraternity Council. the Fourth of July. Mayor Thomas McDermott ues of honor, courage, and commitment, and While at UGA, Charlie met and married the showed his appreciation and gratitude for the has displayed exceptional leadership and lovely Margaret Leah Twitty of Camilla, Ga. lifetime of service of Colonel Lowell E. Enslen dedication to his country and commands. She and Charlie had two children, Charles R. by proclaiming July 4, 2004 as Colonel Lowell Captain Wilkens earned his Bachelor of Adams III and Mary Elisabeth Adams (Mrs. E. Enslen Day. Howard) Johnson. Charles lost Leah to cancer Science degree in Pharmacy from the Medical Lowell E. Enslen was born in Gary, Indiana in 1983. His son is following in his father’s University of South Carolina in 1974. He then in 1927. He attended Hobart public schools footsteps; it was my privilege to teach Charles embarked on a remarkable journey in the and Valparaiso University. Lowell was admit- Adams III at Mercer Law School. Navy’s Medical Service Corps, beginning as a ted to the American Bar Association in 1952. Mr. Speaker, Charlie Adams was admitted staff pharmacist at the Naval Hospital, He was National President of Sigma Delta to the UGA School of Law in 1953 and suc- Charleston, South Carolina. Kappa from 1963–1964, Town Attorney of cessfully took the bar exam in the summer of Captain Wilkens’ next tour of duty was right Dyer, Indiana from 1957–1960, 1962, and 1954. He was formally admitted as a member here in the U. S. Capitol, where he served as 1964–1972 and of Cedar Lake, Indiana, from of the Georgia bar on Oct. 11, 1954, in the the Director of Pharmacy in the Office of the 1976–1980. Lowell has accomplished many vi- Superior Court of Ben Hill County, Georgia, Attending Physician to Congress from 1981 to sionary goals throughout his career. Before Hon. O. Wendell Horne, Jr., presiding. In 1985. He then entered advanced training as a and during his service to the Hammond Com- 1955, Charlie was awarded the LL.B. degree Pharmacy resident at the Navy’s Flagship hos- munity, Lowell served America honorably as a from Georgia Law School. He was commis- pital, the National Naval Medical Center, Be- soldier and an officer in the United States Ma- sioned as a first lieutenant in the U.S. Army thesda, Maryland, in 1986. rine Corps, rising to the rank of Colonel. He is and served as an attorney in the Judge Advo- Captain Wilkens continued with his stellar a member of Enslen, Enslen & Matthews Law cate General’s Office, including a brief tour of career as the Pharmacy Clinical Coordinator Firm, which was established in 1960. Enslen, duty in the Pentagon. After his military service, and Director of Inpatient Services at the Naval Enslen, & Matthews Law Firm provides gen- Charlie served for two years as a staff attor- Hospital, Portmouth, Virginia. Upon completion eral civil, criminal and appellate practice in all ney to the Hon. Jule W. Felton, Sr., Chief of that assignment in 1990, he became a Doc- State and Federal courts, family/domestic rela- Judge of the Georgia Court of Appeals. He tor of Pharmacy Candidate at the Medical Col- tions, probate and estate planning, insurance, entered private practice with the Atlanta firm of lege of Virginia in Richmond. real estate and labor relations law. Crenshaw, Hansell, Ware, Brandon & Dorsey. Captain Wilkens then served as the Chair- Not only has Lowell Enslen had many ac- In 1962, Charlie heeded the call to return to man of the Pharmacy Department at Naval complishments throughout his career as a law- his roots in middle Georgia and relocated his Medical Center, San Diego, California from yer, he has also actively contributed to his family to Fort Valley. When his district’s Con- 1992–1999. By special request, he next community through participation in various gressional seat came open in 1964, Charlie served as the Specialty Leader and Consult- programs designed at improving opportunities made a laudable bid to win the Democratic ant to the Navy Surgeon General for Phar- for the people of Northwest Indiana. Lowell primary. He has been a life long member of macy Policy at the Bureau of Medicine and was President of Members Hammond from the Democratic Party and has served as a Surgery in Washington, DC. Upon completion 1965–1966 and is currently affiliated with Lake member and officer of the Peach County of that exceptional tour in 2001, Captain County, Indiana State, and American Bar As- Democratic Executive Committee since 1966. Wilkens returned to San Diego, and served sociations, the American Judicature Society, Mr. Speaker, in this day when so many view once again as Chairman of the Pharmacy De- the Indiana Trial Lawyers Association, the As- the legal profession with cynical suspicion, partment at the Naval Medical Center. He was sociation of Trial Lawyers of America, and the Charlie Adams manifests the most noble home. Fellow Indiana Bar Foundation. Along with his ideals of his, and my, profession. He has al- Captain Wilkens completes his distinguished many other accomplishments, Lowell has re- ways been available for public service. For and honorable career leaving a lasting impres- ceived numerous certificates and awards. many years, he took more than his share of sion of inspired leadership, mastery of science Lowell has demonstrated his faithfulness by indigent criminal defense and other pro bono in pharmacy and policy, and allencompassing his extraordinary service to Enslen, Enslen, & publico cases. He represented the City of Fort support for the Navy’s medical readiness pro- Matthews and his community through his hard Valley for 29 years, the Fort Valley Utility grams and quality of life. work and self-sacrifice. Although Lowell has Commission for 35 years, as well as Peach I am pleased to recognize and thank Bob served on numerous committees and has County, the Peach County Board of Edu- Wilkens for his long and dedicated service to dedicated his time to Enslen, Enslen, & Mat- cation, and many other local government enti- this country and join with his friends and col- thews, he has never neglected to provide sup- ties. In the 1970’s, he was also attorney on a leagues in wishing him ‘‘Fair Winds and Fol- port and love to his family. statewide basis for the Georgia Electric Cities lowing Seas’’ as he and his wife, Linda, leave Mr. Speaker, Lowell E. Enslen has given his Association. Charlie has been active in his the Navy after 32 years of remarkable con- time and efforts selflessly to the people of community in other ways, including the Boy tributions and service. Northwest Indiana throughout his years of

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.087 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1871 service. I am proud to commend him for his Appropriations Act for Fiscal Year 2005, which of the measure before us and grateful for the lifetime of service and dedication. continues to open the door of educational op- work of Chairman FRELINGHUYSEN in ensuring f portunity for the students in our nation’s cap- the full appropriation. I strongly urge my col- ital. This measure fully funds the DC School leagues to join me in support of students and HONORING THE FAIRFAX COUNTY Choice Incentive Act which is fundamentally families and the entire educational system in NEIGHBORHOOD WATCH PROGRAM about providing new options and new hope for the District of Columbia. students and families trapped in a school sys- f HON. TOM DAVIS tem that is struggling to survive. OF VIRGINIA Since the DC School Choice Incentive Pro- PRAISING A. JAY CRISTOL’S BOOK IN THE HOUSE OF REPRESENTATIVES gram was enacted in January 2004, the De- ‘‘THE LIBERTY INCIDENT’’ Thursday, October 7, 2004 partment of Education conducted a grant com- petition for the administration of the program Mr. TOM DAVIS of Virginia. Mr. Speaker, I HON. ALCEE L. HASTINGS and has awarded the Washington Scholarship OF FLORIDA rise today to honor the Neighborhood Watch Fund (WSF) the opportunity to run the Program of Fairfax County, Virginia. IN THE HOUSE OF REPRESENTATIVES In the 25 years since its inception, the Fair- groundbreaking new endeavor. Thursday, October 7, 2004 fax County Neighborhood Watch Program has And WSF is off to a strong start. More than 2,680 students applied for scholarships for the Mr. HASTINGS of Florida. Mr. Speaker, I achieved great success, with over 900 com- rise today to congratulate Judge A. Jay Cristol munity programs established since its incep- 2004–2005 school year, and over 1,840 of those students met the eligibility requirements of the Southern District of Florida on the com- tion. As former Chairman of the Fairfax Coun- pletion of his invaluable research on the USS ty Board of Supervisors, I can personally at- and completed their applications. In the middle of June, a lottery was held and scholarships Liberty incident. Judge Cristol’s doctoral dis- test to the program’s accomplishment. sertation details the tragedy that befell the The Fairfax County Neighborhood Watch were awarded to 1,360 students. Of the eligi- U.S. Navy ship USS Liberty in 1967 when boasts countless volunteers who have self- ble public school students, only 194 public Israeli aircraft fired upon the ship, killing 34 lessly committed themselves to informing local school students did not receive scholarships sailors and wounding 171 others. police of suspicious activities. While it is finan- because of the limitation on available space in grades 6–12. Judge Cristol’s dogmatic search persuaded cially and logistically impossible to place a po- the National Security Agency to release classi- lice officer on every street corner, the neigh- Currently there are 53 District of Columbia private, religious and independent schools par- fied transcripts proving that Israel’s attack on borhood watch has provided Fairfax County the USS Liberty was an accident. Judge with an effective alternative. Neighborhood ticipating in the program in the 2004–2005 school year. I am pleased that many of the Cristol’s research shows the Israeli forces at- watch volunteers have become the eyes and tacked the American USS Liberty ship be- ears of local police, deterring crime and saving scholarship students have chosen to attend schools in the Center City Consortium—a cause they believed it was an Egyptian ship taxpayers millions of dollars. firing upon their coastline. Those who take the time to cast a watchful group of 13 inner city DC Catholic elementary Through his diligent work and dedication, eye on their surroundings ensure a safer, schools within the Archdiocese of Washington Judge A. Jay Cristol has assisted in strength- friendlier place to live. Through committed located in the most financially challenged ening the relationship between the United neighborhood watches, these participants neighborhoods in the District. These schools States and Israel and resolving unanswered have proven that community involvement can work to ensure that Catholic education con- questions about this unfortunate tragedy. I ap- make a difference. tinues to be available to all city families, and plaud his efforts, and commend him for this Fairfax County Neighborhood Watch partici- have enthusiastically begun to educate over important work. pants have bridged culture and language gaps 500 scholarship students. Mr. Speaker, I encourage my colleagues to in the name of collective security. By recog- The WSF is continuing its efforts aggres- join me in applauding Florida’s Judge A. Jay nizing shared community values, Fairfax sively to make sure families are aware of the Cristol on this important achievement. County Neighborhood Watch has facilitated scholarships available for the coming school improved understanding and relations between year. With more time to prepare for this fall, f the program expects more schools to partici- individuals from a variety of backgrounds. One HOUSE CALLS of the greatest assets of neighborhood watch pate in 2005–2006, more seats to be avail- is its ability to bring neighbors together. able, and more parents to apply. One of the most active branches of the Fair- The strength of this program is that it will HON. CHARLES H. TAYLOR fax County Neighborhood Watch is the Cam- not only benefit individual students and their OF NORTH CAROLINA elot Neighborhood Watch Program, which is families, but the entire education system in the IN THE HOUSE OF REPRESENTATIVES the oldest continuously active neighborhood District of Columbia. Everyone agrees that the Thursday, October 7, 2004 watch in the United States. This highly accom- public school system will remain the primary source of education for a majority of these stu- Mr. TAYLOR of North Carolina. Mr. Speak- plished program serves as an impressive er, today I rise to recognize the poetic talents model for other organizations across the coun- dents. We cannot, and will not, support a pro- posal that would harm these schools. of one of my constituents—Mrs. Bertie Battle ty and nation. Wilde of Canton, North Carolina. Mrs. Wilde Mr. Speaker, in closing, I would like to thank My colleague from New Jersey, Mr. FRELINGHUYSEN, has provided tremendous has lived 96 years with deep and tremendous the Fairfax County Neighborhood Watch Pro- faith. Her belief certainly is evident in her art gram for 25 years of dedicated service to its leadership in ensuring that the bill before us continues to provide new money and new op- and I am pleased to share one of her poems, community. Programs like neighborhood watch titled House Calls, with my colleagues. are vital in our efforts to combat crime. I call tions that offers the neediest students opportu- HOUSE CALLS upon my colleagues to join me in applauding nities they never had before, and more impor- tantly, provides both increased competition Jesus makes house calls 24 hours each day the Fairfax County Neighborhood Watch’s past All you have to do is bow your head and accomplishments and in wishing the program and an infusion of funding that will help revi- talize an entire system and help it to better pray. continued success in the many years to come. Remember, we are not promised tomorrow, serve each and every student. only today. f The bill continues to appropriate substantial CONFERENCE REPORT ON H.R. 4850, new funding—and let’s be clear, this is still He’s standing at your heart’s door knocking, Will you let Him in? DISTRICT OF COLUMBIA APPRO- new money; we’re not draining a single dollar He will dissolve your troubles, PRIATIONS ACT, 2005 from the public school system in the District. And take away your sins. The funding is the full appropriation for the DC If you have problems, give Jesus a call. SPEECH OF school improvement program—giving $13 mil- The number is H-E-A-V-E-N. HON. JOHN A. BOEHNER lion for public school improvements, $13 mil- He’ll show you what to do, OF OHIO lion for charter schools and $14 million for op- Because He loves you. IN THE HOUSE OF REPRESENTATIVES portunity scholarships to promote academic He’ll talk to you anytime, achievement and school choice. Because He’s always on the line, Wednesday, October 6, 2004 This measure allows us the opportunity to And it won’t cost you a dime. Mr. BOEHNER. Mr. Speaker, I rise in strong make a difference in the lives of students and He don’t want your money, support of H.R. 4850, the District of Columbia families in the District of Columbia. I’m proud But His love to you He will impart.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.090 E11PT1 E1872 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 He cares for you my child. LETTER REGARDING CONFERENCE to such receipts, and (c) a ratable portion of All He wants is your heart. REPORT TO H.R. 4520 deductions, expenses, and losses not directly Please give your heart to Jesus without allocable to such receipts or another class of delay. income. You will be glad you did, HON. WILLIAM M. THOMAS The provision is effective for taxable years On that final judgment day. OF CALIFORNIA beginning after 2004. Your name will be written in the Lamb’s IN THE HOUSE OF REPRESENTATIVES IRS and Treasury comments Book of Life. Thursday, October 7, 2004 Administration, Compliance and No more heartaches, no more dark nights. Controversy Mr. THOMAS. Mr. Speaker, I would like to Our heavenly Father will be your shining The new deduction for domestic production insert in the RECORD, the following letter con- light. activities will require the promulgation of Yes, Jesus makes house calls, night and day. cerning the Conference Report to H.R. 4520, extensive, detailed new guidance, particu- All you have to do is bow your head and the ‘‘American Jobs Creation Act of 2004.’’ larly in the form of regulations. We antici- pray. DEPARTMENT OF THE TREASURY, pate that guidance will be required to ad- INTERNAL REVENUE SERVICE, dress: Washington, DC, October 7, 2004. 1. Which activities constitute production f Mr. GEORGE K. YIN, activities; Chief of Staff, Joint Committee on Taxation, TAIWAN’S NATIONAL DAY 2. The statutory exceptions to the defini- Washington, DC. tion of production activity; DEAR MR. YIN: Enclosed are the combined 3. The allocation of revenues between pro- HON. STEVEN R. ROTHMAN comments of the Internal Revenue Service duction and non-production activities; and the Treasury Department on the new de- 4. The allocation of deductions between OF NEW JERSEY duction relating to income attributable to production and non-production activities; IN THE HOUSE OF REPRESENTATIVES domestic production activities contained in 5. The application of the provision when re- the Conference Committee Report on the lated and unrelated taxpayers perform parts Thursday, October 7, 2004 ‘‘American Jobs Creation Act’’, that you of the production activity; and identified for complexity analysis in your 6. Numerous other issues. Mr. ROTHMAN. Mr. Speaker, I rise today in letter of October 6, 2004. We expect that such guidance will be dif- support of Taiwan’s National Day, which will Our comments are based on the description ficult to craft. By distinguishing ‘‘produc- be celebrated on October 10, 2004. People in of the provision provided in your letter, and tion’’ from other activities, the provision the United States and around the world have the statutory language and description of places considerable tension on defining always marveled at the modern miracle that is this provision in the Chairman’s Mark for terms and designing anti-abuse rules. Taiwan and the enormous political and eco- the Conference Committee on H.R. 4520, Many businesses, particularly small busi- nomic successes that it has achieved. As we dated October 4, 2004, as posted on the House nesses, will find it difficult to understand Ways and Means Committee web site. Due to approach Taiwan’s National Day, it only and comply with these complex new rules, the short turnaround time, our comments which will affect not only the computation seems appropriate that we congratulate our are provisional and subject to change upon a of a taxpayer’s regular tax liability but also Taiwanese friends on their many successes. more complete and in-depth analysis of the its alternative minimum tax liability. It will In just 50 years, Taiwan has transformed provision. be difficult, if not impossible, for the IRS to from a poor authoritarian dictatorship into a vi- Overall, the conference report provides new craft simplified provisions tailored to small brant modern democracy. Last March, Mr. tools that will assist the IRS in admin- businesses or other taxpayers. istering the tax laws. However, thus far in Taxpayers will be required to devote sub- Chen Shui-bian was re-elected the eleventh the appropriations process, I would note that president of the Republic of China. This was stantial additional resources to meeting Congress has not taken favorable action with their tax responsibilities, including not only the third democratically-held election for the regard to the request for incremental en- employees and outside tax advisers, but also people of Taiwan. A firm believer in the free forcement resources for the IRS in the Presi- recordkeeping and systems modification re- enterprise system and the importance of dent’s FY 05 budget request. As noted in the sources. The resulting costs will reduce sig- democratic governance, President Chen’s attached analysis, IRS will face additional nificantly the benefits of the proposal. Some leadership has enabled his people to enjoy challenges and resource requirements in ad- small businesses may find that the addi- one of the highest standards of living in Asia, ministering the proposed domestic produc- tional costs outweigh the benefits, particu- tion activities credit. larly during the initial phase-in period. with only 1 percent of its population remaining Sincerely, below the poverty line in 2000. Taiwan has It will be necessary to devote significant MARK W. EVERSON, audit resources to administering the new de- also continued to make steady progress at ex- Commissioner. duction. This will be due not only to the nov- panding democracy in this republic: it currently Enclosure. elty of the rule but also to the benefits that has more than 95 political parties and a Con- COMPLEXITY ANALYSIS OF PROVISION FROM are provided to ‘‘production activities’’ over stitution that guarantees its citizens full polit- H.R. 4520, AMERICAN JOBS CREATION ACT OF other aspects of a taxpayer’s business. Tax- ical rights, including the freedom of speech 2004 payers naturally will classify everything and the freedom of assembly. DEDUCTION RELATING TO INCOME ATTRIBUTABLE possible as production activities. Audits, Taiwan is a strong ally of the United States. TO DOMESTIC PRODUCTION ACTIVITIES particularly those involving integrated busi- Provision nesses, will have to focus on classification It has unequivocally supported the U.S.-led and the allocation of income and costs. Sig- The provision provides a deduction from war against global terrorism and the U.S. war nificant additional IRS resources will be taxable income (or, in the case of an indi- in Iraq. And we, in turn, have given Taiwan needed to administer the provision to avoid vidual, adjusted gross income) that is equal our pledge that Taiwanese way of life should diverting resources from other compliance to a portion of the taxpayer’s qualified pro- issues (such as tax shelters). not be threatened by any outside forces. This duction activities income. For taxable years Finally, for all of the reasons discussed strong mutual relationship is manifested in beginning after 2009, the deduction is equal above, we anticipate a significant increase in many ways. Taiwan is our eighth largest trad- to nine percent of the lesser of (i) the quali- controversies between taxpayers and the ing partner. The Taiwanese people continue to fied production activities income of the tax- IRS. This will increase the number of IRS payer for the taxable year, or (ii) taxable in- demand a variety of U.S. exports and consist- appeals cases and litigated tax cases. ently choose the United States as their num- come (determined without regard to this sec- Tax Forms and Publications ber one travel destination. In fact, every year tion) for the taxable year. For taxable years thousands of Taiwanese people come to my beginning in 2005 and 2006, the deduction is The computation of the deduction relating three percent of income and, for taxable to income attributable to domestic produc- own state, New Jersey, for vacations as well years beginning in 2007, 2008 and 2009, the de- tion activities would be figured on a new as for business purposes. I am confident that duction is six percent of income. However, form for 2005 of at least 10 lines. The instruc- the strong relationship between the United the deduction for a taxable year is limited to tions for the new form would likely be at States and Taiwan will continue to grow 50 percent of the W–2 wages paid by the tax- least 3 pages. stronger in the years ahead. payer during the calendar year that ends in Two additional lines would have to be On the occasion of Taiwan’s forthcoming such taxable year. added to each 2005 form or schedule on which For purposes of determining the deduction, the deduction from the new form could be National Day, I wish to recognize Taiwan’s qualified production activities income is claimed. The deduction would be claimed on many economic and political achievements equal to domestic production gross receipts, the following forms and schedules, among and express my congratulations to President reduced by the sum of (a) cost of goods sold others. Chen Shui-bian and to the Taiwanese Ambas- allocable to such receipts, (b) other deduc- 1. Schedule C (Form 1040) (sole propri- sador to the U.S., Mr. David Lee. tions, expenses, or losses, directly allocable etors);

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.095 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1873 2. Schedule F (Form 1040) (farm busi- SIMMONS AMENDMENT TO H.R. women in uniform who wage the daily war on nesses); 4548 terror. His family and community, the Amer- 3. Form 1041 (estates and trusts); ican Military, and the United States of America 4. Form 1065 (partnerships); HON. MARK STEVEN KIRK should be proud of his service. 5. Form 1065–B (electing large partner- OF ILLINOIS His actions are consistent with the finest tra- ships); ditions of military service and reflect great IN THE HOUSE OF REPRESENTATIVES 6. Form 1120 (corporations); credit on the Commonwealth of Virginia and 7. Form 1120–A (short tax return for cor- Thursday, October 7, 2004 the United States of America. Staff Sergeant porations); Mr. KIRK. Mr. Speaker, on June 23, 2004 Christopher B. Wilson, I again thank you for 8. Form 1120S (S corporations); and during the debate of the Simmons amendment your selfless service and welcome you home. 9. Other Form 1120 series returns. to H.R. 4548, the Intelligence Authorization f 2005 Forms 4626, 6251, and Schedule I of Act for fiscal year 2005, I was misquoted in Form 1041 would have to be revised to add a HONORING THE CONTRIBUTION OF the CONGRESSIONAL RECORD. My statement new line to reflect the difference between the COMMUNITY HEALTH CENTERS regular tax deduction and alternative min- should have read: imum tax deduction. Mr. Chairman, I rise in support of the Sim- ´ The instructions for all affected forms and mons amendment. Unlike some other amend- HON. RAUL M. GRIJALVA schedules listed above would have to be re- ments in this bill that are offered for par- OF ARIZONA vised to reflect the new deduction. tisan advantage, this amendment is offered IN THE HOUSE OF REPRESENTATIVES by a former CIA officer with detailed knowl- The tax forms and publications for 2007 and edge of how the U.S. intelligence community Thursday, October 7, 2004 2010 would have to be updated to reflect the works. To my knowledge, there are only increasing percentage of qualified production Mr. GRIJALVA. Mr. Speaker, community three current Members of Congress who activities income taken into account begin- health centers (CHCs) are at the forefront of worked with the CIA: our chairman, the gen- ning in those years. the noble endeavor to provide quality health tleman from Florida (Mr. Goss), the author care to our nation’s most underserved commu- Programming changes would be required to of this amendment; the gentleman from Con- reflect the new 10 line form, the two addi- necticut (Mr. Simmons); and me, who was nities. Nearly 900 CHCs throughout the coun- tional lines on the above forms and sched- detailed to the CIA from navy intelligence. try treat more than 12 million patients who are ules, and the changing percentages. Cur- This amendment seeks to change our intel- typically low-income, uninsured, and dis- rently, the IRS tax computation programs ligence culture to become more effective in proportionately affected by chronic diseases are updated annually to incorporate man- the age of the Internet. Today, every two-bit such as diabetes. Ninety percent of patients dated inflation adjustments. Any program- terror organization in the world has a Web ming changes necessitated by the provision live at or below 200% of the federal poverty site broadcasting information on its activi- level, and nearly half (5 million) lack health in- would be included during that process. ties. Internet news, political parties, and for- The following 2005 publications, among eign government sites all offer new material surance. CHC patients are predominantly others, would have to be revised to cover the to our intelligence community. women, who require gynecologic and obstetric new deduction, adding 3 to 6 pages to each. For years in the cold war, our enemies col- care, as well as pediatric care for their chil- 1. Publication 225 (farmers); lected open-source data on us, but we were dren. CHC patients are also ethnically and lin- 2. Publication 334 (small business tax forced to collect secret data on them. That is guistically diverse—with nearly one-third guide); now changing. There is a wealth of open- whose native tongue is not English. 3. Publication 541 (corporations); source data on our adversaries. Every ana- Not only are many CHCs the sole source of 4. Publication 542 (partnerships); and lyst in the community should be encouraged health care in the underserved communities to use as much current and accurate open- 5. Publication 535 (business expenses). where they operate, but they are also the sole source data as possible; and I applaud the Training materials and the Internal Rev- gentleman, who knows the CIA so well, for providers of other crucial services such as enue Manual would have to be revised to re- offering this amendment to keep our culture dental care, mental health counseling, sub- flect the new deduction. up to date with the current technology. stance abuse treatment, and assistance to do- f mestic violence victims. In my state, Arizona, f CHCs service about 350,000 people in 85 THANK YOU, STAFF SERGEANT neighborhoods—from densely populated urban MERRICK LITTLE LEAGUE CHRISTOPHER B. WILSON centers to far-flung rural towns and tribal com- BASEBALL munities deep in desert locales, miles away HON. ERIC CANTOR from the nearest community. Last year, nearly HON. PETER T. KING OF VIRGINIA 1.5 million visits were made to Arizona’s OF NEW YORK IN THE HOUSE OF REPRESENTATIVES CHCs. Clearly, health centers save our health care IN THE HOUSE OF REPRESENTATIVES Thursday, October 7, 2004 system an untold amount of money by treating Thursday, October 7, 2004 Mr. CANTOR. Mr. Speaker, on behalf of a patients who, due to lack of access and fi- grateful nation and the citizens of the Seventh nances, would otherwise end up in the emer- Mr. KING of New York. Mr. Speaker, I rise District of the Commonwealth of Virginia, I gency room needing intensive and expensive today to congratulate the Merrick Little League would like to personally thank Staff Sergeant treatment. Yet, CHCs struggle to generate Baseball Team as our New York State Cham- Christopher B. Wilson for his honorable serv- adequate revenues to maintain their oper- pions. These athletes should be very proud of ice to the Armed Forces of the United States ations. They do not pocket any of the savings this enormous accomplishment. I know I share of America. they bring to the system, which are instead in the pride of their parents, coaches and resi- I celebrate his return from service abroad, transferred by hospitals and private physi- dents of Merrick. and this country will forever be grateful for his cians. And while the latter can absorb losses In fact, I would like to recognize and honor leadership, unwavering dedication to the mis- from treating uninsured patients due to their the following players who will certainly be sion, and the bravery he demonstrated each high percentage of privately insured patients, ranked the best in the New York State Little day in the face of danger. Staff Sergeant Wil- CHCs receive the majority of their reimburse- League: Louis Eiler, John Eyerman, Chad son, a proud member of the Virginia National ment from Medicaid, which accounts for 36% Fuschillo, Zachary Goldstein, Frankie Leavey, Guard’s 229th Military Police Company, re- of all their revenues. Federal grants make up Jordan Leopold, Alex Ras, Robert Rosen, turned home to his family and friends in April the second largest source of funding, at 22%. Brandon Serota, Noah Shulman, and Thomas of 2004. He served two tours of duty defend- By contrast, only six percent of CHC revenues Viverto. ing our homeland and liberating the people of come from reimbursements of private insurers. In addition, I want to extend special recogni- Iraq. He defended our nation’s capital during This year, the House allotted $1.84 billion to tion to the Merrick Little League Coaches Rob- Operation Noble Eagle. Again he answered the federal CHC direct grant program in the ert Ras and Michael Serota, as well as Man- our nation’s call-to-arms, spending 14 months FY 2005 Labor, HHS and Education appro- ager Jason Shulman. in the Middle East during Operation Iraqi Free- priations bill. Although this is a welcome in- On behalf of myself and the United States dom. crease from the federal government’s funding House of Representatives I congratulate the We will never forget his service as he has of $1.57 billion for FY 2004, I am disappointed Merrick Little League Baseball Team on this set an enduring example for all Americans. that the Health Community Access Program wonderful achievement. His service is a perfect model for all men and was eliminated. Without Medicaid, however,

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.100 E11PT1 E1874 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 CHCs would collapse. Many are already suf- mittee waived the requirement stipulating SPECIAL OLYMPICS SPORT AND fering from inadequate or irregular Medicaid that an athlete be retired for at least five EMPOWERMENT ACT OF 2004 funding, as states slash their budget expendi- years because, they reasoned, Kelley would tures and seek cost-saving Medicaid waivers never retire from running. SPEECH OF that, for instance, allow them to cap the num- Runner’s World magazine named Kelley its HON. TOM LATHAM ber of enrollees. To empower CHCs to func- ‘‘Runner of the Century’’ for his contribu- OF IOWA tion at their full potential, we must ensure that tions to the sport. IN THE HOUSE OF REPRESENTATIVES the Medicaid program is secure and well-fund- ‘‘Johnny was an icon for all of running, not ed. The federal government has a moral obli- only the Boston Marathon,’’ said Guy L. Wednesday, October 6, 2004 gation to support the life-saving work of com- Morse III of Centerville, executive director Mr. LATHAM. Mr. Speaker, today I rise in munity health centers. of the Boston Athletic Association, the strong support of this legislation honoring Spe- f race’s organizer. ‘‘He preached his gospel of cial Olympics. I thank my good friend the Ma- health and fitness and was an inspiration to jority Whip for introducing this legislation. For ON THE PASSING OF RUNNING everyone. ‘Young at Heart’; wasn’t just his over thirty years Special Olympics has played LEGEND, JOHNNY KELLY favorite song or the title of his book. It was the way he lived.’’ an important role in the lives of some very special individuals with intellectual disabilities. HON. WILLIAM D. DELAHUNT Born Sept. 6, 1907, John Adelbert Kelley Special Olympics offer a platform of personal OF MASSACHUSETTS was the oldest of five boys and five girls improvement while also fostering a spirit of ca- growing up in Medford. He ran track first at IN THE HOUSE OF REPRESENTATIVES maraderie in competition. Medford High School, and later at Arlington Thursday, October 7, 2004 High School after the family moved to the Competition and sports teach us very impor- nearby town. tant lessons about dedication, determination, Mr. DELAHUNT. Mr. Speaker, there are few responsibility, pride and team work or self-suf- athletes whose names evoke instant recogni- Kelley ran his first Boston in 1928 and, ficiency, as the case may be. I believe that ironically, dropped out. He failed to finish tion and respect with their sport. Johnny Kelly many of my colleagues in this body learned again in 1932, but he finally got the hang of was such a man. Dubbed the ‘‘Runner of the formative lessons through athletic competition, Century,’’ he was a three time Olympic ath- the marathon. He won his first Boston in 1935 and won again in 1945. and I believe that—as the Special Olympics lete, he ran the Boston Marathon 58 times philosophy also articulates—lessons learned in (winning it twice) and was a frequent partici- He also finished second seven times and sport and competition shape productive citi- pant in the Cape Cod Marathon and Falmouth one of Boston’s famous landmarks, ‘‘Heart- zens. break Hill,’’ was named for Kelley. In 1936 Road Race. A 1999 inductee in the Running In recognizing Special Olympics, I believe Hall of Fame, Kelly carried the Olympic torch Kelley, thinking that race leader Ellison ‘‘Tarzan’’ Brown had exhausted himself by that we must also recognize the Shriver family and served as a goodwill ambassador for the for their role in envisioning the games and al- sport he so loved. He ran with greats like the last of a series of hills in Newton around 20 miles, patted Brown on the back while lowing them to become what they are today. Jesse Owens and Stylianos Kyriakides. According to the Special Olympics Web site, Johnny Kelly was one of the Common- taking the lead. Incensed by this gesture, Brown soon regained the lead and went on to the Games have grown from the original 35 wealth’s favorite sons—and in his time, a liv- win. Kelley, heartbroken, faded to fifth. participants at Camp Shriver in Rockville, ing legend. Kelley finished 18th in the marathon at the Maryland into a 1.4 million athlete, multi-na- His passing at the age of 97, means that for tional movement. generations of Bay Staters a familiar figure will 1936 Berlin Olympics. He made the Olympic team again in 1940, but the games were can- The bill we are considering today is entitled not be at this year’s Boston Marathon serving the Special Olympics Sport and Empowerment as Grand Marshal. But his inspiring story will celed because of World War II. In the 1948 London Olympics, he finished 21st at age 40. Act. The title is fitting because of the bill’s four live on. On the course, at the base of the third In 1942, Kelley’s wife of three years, Mary, purposes: providing support to Special Olym- hill in Newton, a statue depicts a 27-year-old pics to increase athlete participation and pub- Kelley winning in 1935 and clasping hands died of cancer and he was soon drafted into the U.S. Army. Private John Kelley came up lic awareness, dispelling negative stereotypes with an older Kelley finishing in 1991 at 83. A about people with intellectual disabilities, build- fitting tribute to a man that reminded us all from Alabama’s Fort McClellan for the 1943 Boston Marathon, where his time of 2:30:00, ing athlete and family involvement through that the spirit of competition isn’t just for the his fastest ever at Boston, left him second sport, and promoting the gifts of people with young, but the young at heart. again. intellectual disabilities. I commend to my colleagues the following Another second place followed in 1944. But As a long time supporter of Special Olym- Cape Cod Times commentary on the passing pics, I am honored to be a cosponsor of this of this truly great American. in 1945, a decade after his first win in Boston, Kelley won again at 37 in 2:30:40. legislation. I am also pleased that Ames, Iowa [From the Cape Code Times] In 1993, the statue ‘‘Young at Heart’’ was will be a direct beneficiary of this bill. The in- TWO-TIME BOSTON MARATHON CHAMP JOHNNY dedicated in honor of Kelley at the base of augural Special Olympics U.S. National KELLEY DEAD AT 97 Heartbreak Hill. The statue depicts a 27- Games will be held in my district in Ames, (By Bill Higgins) year-old Kelley winning in 1935 and clasping Iowa. This tremendous event will take place Johnny Kelley, one of the most celebrated hands with an older Kelley finishing in 1991 from July 3–9, 2006 and is expected to bring and decorated distance runners ever, and a at 83. 4,000 athletes from all fifty states, over 1,000 name synonymous with the rich history of ‘‘I’ve had all kinds of citations and awards, coaches, and 9,000 family members and the Boston Marathon, died Wednesday night. friends to the Ames area. Volunteers are ex- He was 97. but this is just unbelievable,’’ Kelley said at Kelley won Boston twice and was woven the dedication. pected to number nearly 10,000. into the fabric of the event by running the ‘‘I’ve had a love affair with the marathon I believe that this forward looking bill is very race 61 times, finishing the 26.2 miles from all my life,’’ said Kelley, ‘‘and now, I guess, worthy of our support and I would ask my col- Hopkinton to Boston 58 times. this means I’ll always be a part of it.’’ leagues to join me in honoring Special Olym- Kelley last ran Boston in 1992 at the age of pics. 84 and then presided over the race as its Each Memorial Day weekend, races are grand marshal. His impact on the marathon held in Kelley’s honor in Hyannis, with pro- f was such that there is a statue of him on the ceeds benefiting Cape Cod Hospital, his fa- course with two Kelleys depicted, one young, vorite charity. THETA TAU PROFESSIONAL ENGINEERING FRATERNITY one old, running hand-in-hand across the fin- Bill Rodgers, a four-time Boston Marathon ish line. champion, always called Kelley one of the Kelley died only hours after leaving his greatest athletes of the 20th century. HON. CLIFF STEARNS home in East Dennis and moving to the OF FLORIDA Windsor Skilled Nursing and Rehabilitation ‘‘When you think about it, who has done as Center in South Yarmouth. much as John?’’ Rodgers said. ‘‘Some people IN THE HOUSE OF REPRESENTATIVES Kelley was a member of three Halls of say Jesse Owens or Jim Thorpe were the Thursday, October 7, 2004 Fame and a member of three U.S. Olympic greatest ever, but for me, it’s Johnny Kelley. teams. He was inducted into the USA Track Everyone makes lists for the best this, the Mr. STEARNS. Mr. Speaker, the Theta Tau and Field Hall of Fame in 1980, the first greatest that. Johnny’s on mine. He’s my Professional Engineering Fraternity was found- marathoner so honored. The selection com- hero.’’ ed at the University of Minnesota in 1904 and

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.105 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1875 is the largest, as well as the oldest, profes- COMMEMORATING THE BICENTEN- Throughout his career Mr. Power has con- sional engineering fraternity. Theta Tau’s pur- NIAL ANNIVERSARY OF THE sistently prided himself in his representation of pose is to develop and maintain a high stand- CITY OF FAIRFAX, VIRGINIA the ‘underdog’ who has suffered catastrophic ard of professional interest among its mem- personal injury or loss. He has taken on and bers, and to unite them in a strong fraternal HON. TOM DAVIS won such important cases as representing the fellowship. Over the past one hundred years, OF VIRGINIA family of the victims of an accident caused by Theta Tau has initiated 30,000 members into IN THE HOUSE OF REPRESENTATIVES an unqualified truck driver. a lifetime of brotherhood and 83 have been in- Thursday, October 7, 2004 Mr. Power’s prestige within the law commu- nity was acknowledged in 1999 when he was ducted into the Theta Tau Alumni Hall of Mr. TOM DAVIS of Virginia. Mr. Speaker, I named one of the best plaintiff’s lawyers in the Fame for contributions to the Fraternity, and rise today to commemorate the bicentennial United States, and one of the top four in Illi- their profession. anniversary of the City of Fairfax, Virginia. nois. Mr. Power was later invited to join the I am honored to be one of the brothers of Two centuries ago, the Town of Providence, Inner Circle of Advocates, an organization that Theta Tau Professional Engineering Fraternity. a small community built around the Fairfax limits its membership to the top hundred plain- This year we are celebrating our Fraternity’s County Courthouse, was chartered by an act tiff’s trial lawyers in the United States. of the General Assembly. This steadily grow- Centennial Anniversary. I would like to con- Mr. Power’s past recognition serves as testi- ing center of business and government was gratulate all my brothers of the Theta Tau fra- mony to his significance within both the Chi- renamed Fairfax in 1874. During the Civil War, ternity, and the fraternity itself for being truly, cago and national law communities. In 2001, Providence was home to Company D, 17th he was honored both as, ‘‘Board Member of the Nation’s oldest, and still foremost Frater- Virginia Infantry, the ‘‘Fairfax Rifles’’ who nity for Engineers. the Year,’’ by the Little City Foundation and as fought in a skirmish on the courthouse lawn, ‘‘Protector of the Working Man,’’ by the Illinois and witnessed Confederate President Jeffer- f State Crime Commission. He was appointed son Davis meeting with his generals at the by Senator Joseph Biden as a legal adviser to Willcoxon Tavern. the U.S. Senate Judiciary Committee, and was WTO PROCEEDINGS REGARDING In 1892, the Town of Fairfax was incor- AIRBUS SUBSIDIES later appointed by the Illinois Supreme Court porated. At the beginning of World War II, the to its Rules Committee in 1995, serving as Town of Fairfax had a volunteer fire depart- Chair Person from 1996 to 2001. HON. DAVID DREIER ment, central water and sewer systems, a A native Chicagoan, Mr. Power’s importance town library and a high school. In 1961, Fair- to Chicago extends beyond the legal commu- OF CALIFORNIA fax was incorporated as an independent city. nity. He has been recognized as Citizen of the Since its humble beginnings as the Town of IN THE HOUSE OF REPRESENTATIVES Year by the City Club of Chicago, awarded the Providence, the City of Fairfax has blossomed. ‘‘Medal of Excellence’’ by the Loyola Univer- Thursday, October 7, 2004 It is now a vibrant city that has played an im- sity of Chicago Law School, and awarded with portant role in Virginia’s history. the ‘‘Medal of Merit’’ by the Illinois State Bar The City of Fairfax is the home of world- Mr. DREIER. Mr. Speaker, I would like to Association. commend Ambassador Zoellick and President class educational facilities, thriving busi- Mr. Speaker, I would like to join with the Bush for their decisive steps to bring about an nesses, and is a diverse and prosperous com- people of Chicago in commending Joseph A. end to the European Union’s longstanding munity. It is one of the economic and intellec- Power, Jr. on his continual strive for excel- practice of directly subsidizing their only large tual epicenters of the Commonwealth of Vir- lence within the field of law and congratulate civil aircraft company. By artificially propping ginia. him on this well deserved recognition. In 2005, the City of Fairfax will host a year- up Airbus for decades, the EU has distorted long celebration with special events to honor f the international market and undercut the this bicentennial anniversary. NATIONAL ALL SCHEDULES PRE- competitiveness of U.S. businesses and work- This milestone appropriately coincides with SCRIPTION ELECTRONIC RE- ers. Today’s announcement that the U.S. will the Old Town Fairfax redevelopment project, PORTING ACT OF 2004 begin World Trade Organization (WTO) dis- which began this past July. The improvements pute settlement proceedings in this matter made during this project will transform Fairfax SPEECH OF demonstrates this Administration’s commit- into a city for the 21st century and beyond. ment to creating a competitive worldwide mar- Mr. Speaker, in closing, I would like to com- HON. EDWARD J. MARKEY ket for globally engaged companies. mend and congratulate the citizens of the City OF MASSACHUSETTS of Fairfax on the occasion of their bicentennial IN THE HOUSE OF REPRESENTATIVES Since 1992, the large commercial aircraft in- anniversary. I call upon my colleagues to join Tuesday, October 5, 2004 dustry has been governed by the U.S.-EU me in celebrating the history of this great city, Mr. MARKEY. Mr. Speaker, I rise to express Agreement on Large Civil Aircraft. This agree- and in wishing for its continued prosperity. ment was intended to cap and gradually re- my strong concerns about the lack of ade- f duce direct government subsidies in the indus- quate patient privacy protections in H.R. 3015, try, particularly by restricting the amount of HONORING JOSEPH A. POWER, JR. the National All Schedules Prescription Elec- launch aid. However, subsidization of Airbus tronic Reporting Act of 2004. H.R. 3015 is intended to support states’ ef- by EU member countries continues to in- HON. RAHM EMANUEL forts to prevent the abuse of certain controlled crease. To date, not one Airbus model has OF ILLINOIS substances through the provision of federal IN THE HOUSE OF REPRESENTATIVES been developed without significant govern- grants to the states for the purpose of estab- ment aid. The $15 billion in launch aid alone Thursday, October 7, 2004 lishing and implementing controlled substance has in effect taken $35 billion off Airbus’s bal- Mr. EMANUEL. Mr. Speaker, I would like to monitoring programs. States would use the ance sheet. extend my warmest congratulations to Joseph grants to develop and maintain an electronic The start of WTO proceedings in this case A. Power, Jr. of Chicago on being honored by database containing information about the follows a months-long effort by Ambassador The Illinois Bar Foundation with their 2004 type of medication prescribed, quantity dis- Zoellick to bring the EU to the negotiating Distinguished Award for Excellence. pensed, number of refills, and similar product table. The Bush Administration has made it The Illinois Bar Foundation was established information. The database also would collect clear that only an agreement that leads to an over fifty years ago with the mission ‘‘to serve personal information about each patient re- end of all subsidies will be acceptable, and I the people of Illinois by contributing to pro- ceiving prescriptions of the covered controlled fully support the President in this objective. grams dedicated to the improvement of the substances, such as the patient’s name, ad- administration of justice and to sustain and dress and telephone number. Restoring full, free and fair competition to further enhance the ideals of the legal profes- The abuse of controlled substances such as the international civil aircraft industry will ben- sion.’’ A founding partner in the law firm of oxycontin and amphetamines is a serious efit consumers, businesses, workers and in- Power Rogers & Smith, Mr. Power is a highly problem that plagues many Americans. In re- vestors on both sides of the Atlantic. I look for- committed and respected trial attorney, who sponse to the seriousness of the problem of ward to continuing to work with Ambassador embodies this mission, and is a worthy recipi- prescription drug abuse, more than 20 states, Zoellick in advancing our open trade agenda. ent of this award. including Massachusetts, have taken steps to

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.110 E11PT1 E1876 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 prevent such abuse through the establishment Now that H.R. 3015 has been approved by pendence, a day more commonly referred to of reporting requirements on pharmacists and the House, I urge the Senate to strengthen the as Double 10 Day as it falls on October 10. the creation of drug monitoring databases privacy provisions in the legislation so that the Double 10 Day is a joyous and important day similar to those contemplated by H.R. 3015. In important goal of preventing prescription drug for the Taiwanese people, and I am proud to Massachusetts, for example, pharmacies are abuse can be advanced without sacrificing the join the people of Taiwan and President Chen required to report the prescriptions they fill for privacy of law-abiding patients. Shui-bian in commemorating the Chinese peo- substances in Schedules I and II to the state’s [From the New York Times, Oct. 1, 2004] ple’s struggle for independence. department of Public Health. CONFIDENTIALITY FOR FOSTER CHILDREN IS Double 10 Day offers those of us in Con- The problem is that H.R. 3015 does not pro- BROKEN gress an opportunity to recognize Taiwan’s vide the safeguards that are required to shield (By Terry Aguayo) friendship and unwavering alliance with the patients—the vast majority of whom will be MIAMI, Sept. 30.—Confidential records of United States. This strong alliance is predi- law-abiding citizens receiving medications as nearly 4,000 abused and foster children in cated in part on shared values. In fact, Taiwan part of a legitimate plan of care—from unau- Central Florida were available to the public has nurtured a stable democracy and vibrant thorized disclosure of their personal medical on the Internet for at least four months be- economy that encourages the entrepreneurial information. Instead, the legislation provides cause of a security breach in a child welfare computer system, the Department of Chil- spirit. the states broad leeway to establish data- dren and Families said on Thursday. Through its trading relationships, Taiwan bases of patients’ private medical records with The records included the children’s names, has become an economic engine in East Asia little guidance on the privacy protections that photographs, Social Security numbers, case and reliable trading partner for the United must be in place in order to qualify for the histories and locations of the foster homes States. Taiwan is our nation’s 8th largest trad- grants. they were in, and were accessible on the Web ing partner, underscoring the economic ties so For example, H.R. 3015 does not require site of Kids Central, a private children’s critical to our two nations. In 2003 alone, two- states to limit access to the database informa- agency under contract with the Department of Children and Families, the state’s child way trade between the United States and Tai- tion to a finite and identifiable number of indi- welfare agency. wan totaled $49 billion, and for the past 25 viduals. Instead, the bill permits disclosure of In April or May, Kids Central began using years the living standards have steadily risen individually-identifiable patient information in a computer system designed to let private for the people of Taiwan. the database to a wide range of professionals caseworkers review state child welfare Taiwan’s strong relationship with the United in addition to practitioners and law enforce- records through the Internet, said to Janice States will continue to flourish and grow in the ment personnel, including any local, state or Johnson, chief executive of Kids Central in years ahead. In the meantime, I wish to wel- Ocala. Although a user name and a password federal ‘‘narcotics control, licensure, discipli- come Taiwan ambassador Dr. David Lee to nary or program authority’’ who can make spe- were needed to reach the records, some pass- words and user names became available on- Washington. Dr. Lee has recently replaced cific certifications as to the need for access to line in unrestricted files created when case- former ambassador C.J. Chen, who was an the information. Any ‘‘agent of another state’’ workers sought technical help with the sys- excellent statesman and will be missed by his with a monitoring program approved by the bill tem. friends here in Washington, DC. I am con- also could gain access to patient records in ‘‘Confidentiality is critical,’’ said Don fident that Dr. Lee will represent Taiwan well the database, provided that the purpose of the Thomas, district administrator for the De- and I look forward to working with him and his partment of Children and Families in Cen- access is for ‘‘implementing the state’s con- very able staff. trolled substance monitoring program.’’ Such tral Florida. ‘‘If these kids are in the child welfare system to begin with, they have a far Again, Mr. Speaker, I extend my congratula- easy access puts the privacy of potentially from ideal life, and if their personal informa- tions and best wishes to the people of Taiwan hundreds of thousands of law-abiding citizens tion is available to those who don’t have to on the occasion of their National Day this Oc- at risk of unauthorized disclosure. know, it violates their privacy.’’ tober 10. Additional privacy protections that are miss- Department administrators ordered the f ing from H.R. 3015 include: a requirement that Web site shut down on Wednesday after a re- states receiving grants under the terms of the porter for The Miami Herald, which first re- MARGARET A. PERRY bill periodically purge the database of informa- ported the problem, informed them of the tion about any particular prescription after a flaw. It was back up Thursday morning after the security issues were resolved, Mr. Thom- HON. DALE E. KILDEE limited amount of time; unambiguous language as said. OF MICHIGAN stipulating that the bill does not override es- Mr. Thomas said he knew of no one, other IN THE HOUSE OF REPRESENTATIVES tablished standards of medical ethics relating than the reporter, who gained access to the to privacy; establishment of specific penalties records because of the flaw. Thursday, October 7, 2004 for unauthorized access and redisclosure; and ‘‘A child’s case record is a child’s life. It Mr. KILDEE. Mr. Speaker, I rise before you a provision making clear that the term ‘‘min- should be treated as sacred,’’ said Richard today to recognize an outstanding community Wexler, executive director of the National leader, Margaret A. Perry of Mt. Morris, Michi- imum necessary’’ as it relates to the limitation Coalition for Child Protection Reform and a of information to the ‘‘minimum necessary’’ strong critic of the department. ‘‘Given the gan. Margaret Perry will be retiring from her needed to comply with a request for patient kind of information, I think there is a clear post as Mt. Morris Charter Township Trustee data be interpreted as defined under the danger, particularly since the locations of after 16 years of commendable service and Amended Privacy Rule. these children were made available to any- dedication. The township along with family and While I strongly support efforts to prevent one.’’ friends will honor Ms. Perry during a ‘‘Sweet the abuse of controlled substances, H.R. 3015 The Department of Children and Families 16 Retirement’’ celebration on October 23, does not contain sufficient guidance to the has been afflicted by numerous problems 2004 at the Ramada Inn and Conference Cen- that surfaced after it lost track of a 4-year- states on the level of privacy protections that old foster child, Rilya Wilson, and did not ter in Flint, Michigan. they must provide in the creation and mainte- notice she was missing until 15 months later, Margaret Perry was born in Athens, Geor- nance of the databases authorized under the in April 2002. She remains unaccounted for. gia. She has been a resident of Genesee legislation. The potential for the invasion of Jerry Regier, the department’s secretary, re- County for 50 years and a Mt. Morris Town- patient privacy resulting from such databases signed in August as a result of accusations ship resident for 40 years. Margaret has been is not merely theoretical. The New York Times that he and two top aides took favors from a champion for the community. She began her reported on October 1, 2004 that confidential contractors. career in politics in 1988 when she became records of nearly 4,000 abused and foster chil- f the 1st African American elected to a township dren in Central Florida were available to the CONGRATULATING TAIWAN ON position in Genesee County. She has held the public on the Internet for at least four months THEIR NATIONAL DAY OCTOBER post of Mt. Morris Township Trustee from because of a security breach in a child welfare 10TH 1988 to the present. She is a member of the computer system. The records included the Planning Commission, and Michigan Township children’s names, photographs, Social Security Association. She is a member of the Heart of numbers, case histories and locations of the HON. MICHAEL M. HONDA Senior Citizens Services Board. Margaret has OF CALIFORNIA foster homes they were in, and were acces- been the forerunner in organizing voter reg- IN THE HOUSE OF REPRESENTATIVES sible on a Web site of a private children’s istration and get-out-the-vote drives in Gen- agency under contract with the Department of Thursday, October 7, 2004 esee County. She is an active member of the Children and Families. I am including a copy Mr. HONDA. Mr. Speaker, I rise today to A. Philip Randolph Institute (APRI). She of this article for inclusion in the Record. celebrate the anniversary of Taiwan’s inde- served as the Michigan Chapter APRI Vice-

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.114 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1877 President from 1987–2003, Greater Flint dent of the company at the age of 28. Soon Naval Officer, Lieutenant Commander Scott Chapter APRI Director of Operations 1986– after, he and two fellow employees bought the Zellem. The people of Indiana County and this 2002, and Greater Flint Chapter APRI Finan- company. country lost a dedicated and faithful sailor cial Secretary 1986–2002. As a loyal member This success would crown many people’s when a naval training mission turned tragic on of the Democratic Party, Margaret has held business careers, but not John’s. He was just August 10th. Scott was laid to rest at Arlington many leadership positions. She was 1st Vice getting started. First, he continued to build and Cemetery on September 7, 2004 with full mili- Chairperson of the Genesee County Demo- expand Smith’s, Inc. to weather future market tary honors and after living a life of distin- cratic Party from 1986–1992, and elected a trends. He then labored to help build a num- guished service to this great nation. delegate to the Democratic National Conven- ber of other substantial firms including Engi- Founded upon the ideals of liberty and de- tion in 1988. She has also served as the field neered Systems, Inc., Higgins Electric, Inc., mocracy, America is a country unlike any organizer for the Democratic Coordinated Aladan, Inc., USA Yeast, Inc., South Alabama other. As Americans, we cherish freedom and Campaign in 1990 and holds a Michigan Brick Company; Southeastern Commercial Fi- strive for progress with every opportunity. Our Democratic Party Certificate on Campaign Or- nancial, LLC, and Twitchell, Inc. He also men and women of the United States Military ganizing. She also held the positions of 7th serves on the board of directors of Regional are dedicated to this cause and are respected Congressional District Democratic Black Cau- Financial Corporation. and honored for their service. cus Fundraising Chairperson and Correspond- John’s ability to lead is not limited to the Our troops stand resolved to protect our ence Secretary from 1984–1990. business area as he was called to serve as a families and our children from danger and at- Margaret has dedicated her life to making past member and Chairman of the Alabama tack. To these American military heroes, it is Mt. Morris Township and Genesee County a Ethics Commission in addition to his many understood that we must do everything pos- better place to live, work and visit. She is re- Southeast Alabama volunteer efforts. sible to win the war against terrorism and tired from her position with Hurley Medical I congratulate John in his induction and wish keep Americans safe at home. Center as a Laboratory Technical Aide with 25 him the very best as he continues to create Scott Zellem was one of the men to which years of notable service. Aside from being an jobs, serve our community, and inspire future we owe our safety and freedom. His life is one outstanding leader, Margaret is also devoted business leaders. that will be remembered with great admiration to her children and grandchildren, and she f and respect. Tonight, October 8, 2004, Scott’s credits the love and support of her family for high school graduating class of 1987 will join her success. HONORING GLORIA VOUTOS, with family, friends, and the community of Indi- Mr. Speaker, as a Member of Congress, I TEXAS 2005 ELEMENTARY ana County to pay tribute and thank Scott ask my colleagues in the 108th Congress to TEACHER OF THE YEAR Zellem for his service. Scott answered the call please join me in paying tribute to an out- to duty, and for his service, we are a grateful standing community activist, Margaret A. HON. PETE SESSIONS nation. His sacrifice, and the sacrifice of thou- Perry, for her past and current service and OF TEXAS sands who have fallen before him, will not be contributions to Genesee County and Mt. Mor- IN THE HOUSE OF REPRESENTATIVES forgotten. ris Township. I wish her the best in future en- Thursday, October 7, 2004 f deavors. TRIBUTE TO BOB WOLFE f Mr. SESSIONS. Mr. Speaker, I join my fel- low Lone Star State colleagues in congratu- TRIBUTE TO JOHN H. WATSON, IN- lating Gloria Voutos of the Richardson Inde- HON. IKE SKELTON DUCTEE TO ALABAMA BUSINESS pendent School District’s (RISD) Spring Valley OF MISSOURI HALL OF FAME Elementary School. I am proud to represent IN THE HOUSE OF REPRESENTATIVES Spring Valley Elementary School in the 32nd Thursday, October 7, 2004 HON. TERRY EVERETT Congressional District of Texas. OF ALABAMA Gloria Voutos was just recently named the Mr. SKELTON. Mr. Speaker, it has come to IN THE HOUSE OF REPRESENTATIVES Texas Elementary Teacher of the Year for my attention that a long and exceptionally dis- 2005 by the Texas Education Agency. This tinguished career has come to an end. Mr. Thursday, October 7, 2004 award is a high distinction for Gloria, as more Bob Wolfe, of Sedalia, Missouri, has retired Mr. EVERETT. Mr. Speaker, I rise to shine than 228,000 teachers in Texas are eligible to from his position as president of the Sedalia the spotlight on an exemplary Alabamian and be chosen for this honor. office of Septagon Construction Company. resident of the Second Congressional District, Gloria is a proud veteran of the U.S. Air Mr. Wolfe was born on August 12, 1943, in Mr. John H. Watson of Dothan, who is being Force, and after serving her country in uni- Cleveland, Ohio. After graduating from inducted into the Alabama Business Hall of form, she decided to further serve her local Charles F. Brush High School, he attended Fame October 7th. community by becoming a teacher. She com- Iowa State University on a full football scholar- John Watson is well known in the Wiregrass pleted her teacher preparation program at ship. He graduated in 1965 with a degree in of Southeast Alabama where his name is syn- Southern Methodist University that I am also Business Administration. onymous with hard work and business suc- proud to represent. She has pursued a career In 1975, Mr. Wolfe began working at a com- cess. His life reads like a classic American of being a bilingual instructional specialist, and pany called Temple Callison, and in 1977, Mr. success story. He started early his tradition of constantly wins high praise from her col- Wolfe and his business associate, Tom Davis, entrepreneurship by delivering ice and per- leagues and students. bought Temple Callison. At the time, the Tem- forming carpentry while still in grade school in This is the second consecutive year that the ple Callison Company generated 3 million dol- the 1950’s. RISD has produced a teacher that has been lars in revenue. In 1982, Mr. Davis and Mr. John was the first person in his family to at- named a finalist for this year, and I am very Wolfe turned the Callison Company into the tend college. He turned down a scholarship at delighted that this year Richardson was able Septagon Construction Company. The com- the University of Alabama in order to avail to be the home for the winner. I wish Gloria pany currently has 5 locations in two states himself of the superior engineering program at all the best for her continued teaching excel- and generates over 100 million dollars. Mr. rival Auburn University. He graduated in 1960 lence with the children of the Richardson ISD. Wolfe believes in strong principles and values with a degree in engineering, putting it to work f that have helped his business continue to be almost immediately for Uncle Sam as a mem- successful for so many years. He believed ber of the U.S. Army Corps of Engineers. He LAMENTING THE LOSS OF LIEU- that the company had to be a part of the com- proudly served as a second lieutenant in 1961 TENANT COMMANDER SCOTT munity, and the company needed to be a fam- and 1962 during the Berlin Crisis. ZELLEM ily of customers and employees for the com- John returned to Dothan and civilian life with pany to survive and flourish. Mr. Wolfe was his wife, Gail, to set up their home. John HON. BILL SHUSTER president of the entire Septagon Construction quickly made a name for himself as self-start- OF PENNSYLVANIA Company until 1998, at which time he became er by joining the staff of Smith’s Incorporated IN THE HOUSE OF REPRESENTATIVES president of the company’s Sedalia Office. of Dothan—the largest mechanical contracting In addition to his accomplished business ca- firm in the area. As an engineer, John did Thursday, October 7, 2004 reer, Mr. Wolfe has been very involved in his what he always did by putting 200 percent into Mr. SHUSTER. Mr. Speaker, I rise today to community. He has served as a board mem- his work. Within four years, he became presi- lament the loss of a great American hero and ber, campaign chairman and president of the

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.118 E11PT1 E1878 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Sedalia Pettis County United Way. Also, he genocide and finalize a comprehensive peace main the Cradle of Naval Aviation. There is no was a board member, officer and founder of agreement with the South. other place in the world like the panhandle of the Ditzfeld Foundation for recovering alco- Only then will the innocent civilians, who Florida and the residents there recognize that holics. He has been a member and chairman have suffered for so long, be able to begin re- there is no better place to rebuild their lives. of the Central Missouri State University Col- building their lives. Mr. Speaker, I offer my sincere thanks to all lege of Business and Economics Advisory This bill immediately imposes sanctions on those, near and far, who have given comfort Board and has served as a member of the the Government of Sudan. I think this is sound and have helped the residents of Florida’s Iowa State University College of Business Ad- policy. We are dealing with a government that panhandle rebuild their lives. visory Board. He is a member of St. Paul’s Lu- is committing genocide against its own people, f theran Church, and he has been president of therefore we need to use every possible tool CONGRATULATIONS TO TEXAS IN- the congregation for three terms. to apply pressure so that it will stop. Mr. Speaker, I know the Members of the H.R. 5061 also outlines multilateral actions STRUMENTS WORKING MOTHER House will join me in paying tribute to Mr. Bob to press U.N. countries to apply additional MAGAZINE’S TOP PLACES TO Wolfe for his outstanding career and dedica- pressure on Sudan, and most importantly pro- WORK tion to his community and in wishing him all vides much-needed humanitarian aid to Darfur the best as he enters the next stage of his life and humanitarian and development aid to al- HON. SAM JOHNSON with his wife Claudia and his children, Erika leviate suffering in the South. OF TEXAS and Aaron. We are beyond the point of merely warning IN THE HOUSE OF REPRESENTATIVES f the Government of Sudan with punitive meas- Thursday, October 7, 2004 ures. We must now take action. Mr. SAM JOHNSON of Texas. Mr. Speaker, COMPREHENSIVE PEACE IN SUDAN The world is watching and rogue regimes in congratulations are in order for Texas Instru- ACT other nations who have the ability to do this to ments. For the Ninth Year in a Row—Working their own people are watching how we re- SPEECH OF Mother magazine has named Texas Instru- spond. Our response to genocide must be ments a best place to work. firm. HON. FRANK R. WOLF It’s an honor to represent the numerous em- The world will look back on Darfur in 10 OF VIRGINIA ployees at Texas Instruments who helped years and know that the United States stood IN THE HOUSE OF REPRESENTATIVES make this achievement possible. firm and the United States stood with the peo- Wednesday, October 6, 2004 Some would consider Texas Instruments a ple of Darfur. trailblazer in the workplace when it comes to Mr. WOLF. Mr. Speaker, I rise in strong I call on every member of Congress to vote family issues. That’s because they are. support of H.R. 5061 and urge all members to in favor of this important legislation. We must In the early 1990’s, a small team of employ- vote for this important legislation. send a strong message to the Government of ees concerned about work and family issues I would like to thank Representative TOM Sudan that the United States will not sit by created the Texas Instruments Work/Life Strat- TANCREDO for introducing this important legis- while they commit genocide. egy; an endeavor that has helped shape the lation. I would also like to thank Chairman f company’s culture through changing times HYDE and Congressman LANTOS and their with outstanding results. staffs for moving this legislation swiftly through HONORING ALL THOSE SERVING TI champions talented and ambitious committee. NORTHWEST FLORIDA IN THE women throughout the organization. TI has a This legislation could not be more timely. AFTERMATH OF HURRICANE number of very active Women’s Initiatives that Stories and pictures of horrific abuse and suf- IVAN offer a range of speakers and programs to fering in the Darfur region of Sudan are now help women achieve their full potential in their on our nightly news. Newspapers are running HON. JEFF MILLER careers at TI. Since 1989 representation of daily stories. I visited Sudan in July and wit- OF FLORIDA women in management job grades has in- nessed with my own eyes the horrific condi- IN THE HOUSE OF REPRESENTATIVES creased over 450 percent. tions. Thursday, October 7, 2004 New mothers receive eight weeks of paid The world has now awakened to this night- maternity leave at TI, and they have a built-in mare and we must do everything in our power Mr. MILLER of Florida. Mr. Speaker, I rise today to honor the organizations, businesses, support network when they return to the job. to try to stop it. TI employees can find help and advice with We must not forget that the conflict in Darfur and people who helped the residents of North- work and personal issues through the has been occurring for the last year and a half west Florida get back on their feet during Hur- LifeWorks resource and referral service. And a but that there also has been an ongoing war ricane Ivan’s aftermath. Corporate Concierge service can help with ev- for the last 20 years between the Government The panhandle of Florida was dealt a dif- erything from party planning, to locating hard- of Sudan and the mostly Christian South. ficult hand, as Ivan left no life untouched. Un- doubtedly once again, Northwest Floridians to-find gifts. Millions of lives have been lost. Millions TI employees receive discounts at child care have proven their strength during times of more are shattered and scarred forever. centers and have access to back-up care and Sudan has suffered from war crimes and devastating destruction and loss. care for sick children. Returning to our homes to assess the dam- unspeakable human rights abuses. One coun- TI offers a flexible work environment allow- age, we were reassured that we were not try, one group of people, should not have to ing employees the opportunity to effectively alone and help was on the way. Gulf Power, endure so much suffering. manage their work/life challenges. Sudan is not alone. Africa has seen enor- Escambia River Electric Cooperative, local Is it any wonder that Texas Instruments is mous suffering this past decade from the radio stations and newspapers, the Red recognized globally as a great place to work— butchery that took place in Sierra Leone to the Cross, FEMA, Army Corps of Engineers, and by employees and third parties alike? Con- genocide in Rwanda. We must learn from the the Small Business Administration assisted al- gratulations, and I salute all the people at TI past, learn from the mistakes of our own inac- most everyone in the community in a variety who helped make this accomplishment a re- tion, and mobilize to try to save lives. of ways; from supplying ice, water, and food, ality. Some 50,000 people are already dead in to emotional support, the spread of information Darfur and more than a million more are at and monetary funds in the effort to help re- f risk. The world must act now. build. Thanks to these folks, I’m happy to re- A BILL TO PROVIDE FOR A TAX The United States took a bold move under port that the lights are coming back on, CREDIT TO AN INDIVIDUAL PUR- the leadership of Secretary of State Powell by bridges are mended, roofs are tarped, busi- CHASING A GUN SAFE calling what is occurring in Sudan what it is— nesses are reopening, and naval aviators are a genocide. Unfortunately the international training. HON. AMO HOUGHTON community has been slow to respond. As for the Panhandle’s future, it’s not the OF NEW YORK H.R. 5061 is based on the fact that geno- character of Northwest Floridians to give up IN THE HOUSE OF REPRESENTATIVES cide is now occurring in Darfur and that the hope. Our communities will continue to unite Government of Sudan is complicit in this together, and rebuild our homes and busi- Thursday, October 7, 2004 genocide. Significant pressure must be placed nesses better and stronger. Our military infra- Mr. HOUGHTON. Mr. Speaker, today I am on the Government of Sudan to both end the structure will rebuild and Pensacola will re- introducing a bill to provide for an income tax

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.122 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1879 credit relating to the purchase of a gun safe. STATEMENT BY WASHINGTON METROPOLITAN Mr. Adgate is a veteran of the Coast Guard Experts agree that firearms should be stored AREA ELECTED LOCAL LEADERS TO BE FOR- as well as a member of the Rotary Club, Old unloaded and locked up, with ammunition WARDED TO PRESIDENT BUSH AND WASH- Erie Lodge No. 3F and Howland Community INGTON AREA MEMBERS OF CONGRESS stored separately. This bill, if enacted, would Church where he serves as trustee. He also help protect our children and others due to ac- We are concerned for the effects of the volunteers for Mobile Meals, plays tennis United States’ involvement in Iraq on the cidents, suicides, and other acts, all connected Washington, D.C. metropolitan area. So far, every week, swims and square dances. with unguarded guns. Congress has appropriated more than $160 Mr. Adgate was honored by the Prime Time The non-refundable credit would amount to billion for the Iraq conflict. These enormous Awards Program, a year-long initiative to rec- 25 percent of the total costs of purchasing, appropriations are causing the Federal def- ognize the tremendous accomplishments of shipping, and installing a gun safe in a tax- icit to reach dangerous levels. They also will working seniors. The program’s goal is to payer’s residence. The maximum credit would cause reductions in important Federal pro- break down the barriers to hiring, training and grams that address transportation, infra- retaining older workers. Nominations for Out- be limited to 25 percent of the total costs up structure, and pressing social needs within to $1,000, or a total credit of $250. standing Older Worker are received from the United States. This is happening at a across the country and a panel of volunteers Over 22 million children in the U.S. live in time when serious budget problems are being homes with at least one firearm. A study by experienced by every state in the union, in- in each state selects the most distinguished the prestigious Rand Corporation found that cluding those in the Washington D.C. area. honoree. Mr. Speaker, once again I wish to extend fewer than 50 percent of American families Local governments already are feeling the effects of Federal and state deficits and cuts my congratulations to Mr. Adgate. I believe with firearms stored their firearms safely—un- to non-defense programs. Local officials are that he is an inspiration for all of us and it is loaded, locked and away from the ammunition. being put in the difficult position of having with great pride that I honor him for being Storing firearms unloaded in a well con- to either cut needed services to residents or named Ohio’s Outstanding Older Worker. structed gun safe with a keyed combination or pass the expenses for such services to local electronic lock is the most secure method for taxpayers. Moreover, many analysts believe f preventing unauthorized access by children, that the United States’ foreign policy ac- ECONOMIC DEVELOPMENT ADMIN- adolescents and criminals to firearms in a tions are strengthening and emboldening ter- ISTRATION REAUTHORIZATION rorist groups, which puts the United States home. and all of its people—particularly those in ACT OF 2004 The FBI estimates there are more than the National Capital area—at increased risk. SPEECH OF 341,000 incidents of firearm theft from private We want to do our part to fight terrorism, citizens annually. Nearly one-third of these but the U.S. must embrace a thoughtful and HON. JOHN D. DINGELL firearms will be used in the commission of an- realistic approach which can garner inter- OF MICHIGAN other crime. Increasing the use of gun safes national support. We honor and respect the sacrifices, the IN THE HOUSE OF REPRESENTATIVES with keyed, combination or electronic locks professionalism, and the courage of our mili- Wednesday, October 6, 2004 would decrease the number of firearms stolen tary personnel serving in the Persian Gulf, Mr. DINGELL. Mr. Speaker, the Economic from homes and used by criminals to intimi- and are especially mindful of those from the date, harm and kill their victims. metropolitan Washington area who have Development Administration (EDA) provides critical support to distressed communities. As- There is nothing mandatory about this legis- been put into conditions of extreme hardship sistance for the productive reuse of aban- lation. The decision to purchase a gun safe re- in that area. We hope and pray that they may return safely home. doned industrial facilities and the redevelop- mains a personal decision as does a person’s For all of these reasons, we ask that you ment of brownfields is encouraged by the EDA decision to take advantage of the tax credit. move immediately to promote a viable reso- Reauthorization Act and I agree with this wor- The legislation is designed to encourage a vol- lution to the Iraq conflict. We further re- thy goal. untary act and does not in any way intrude quest that you forbid and refrain from fund- To the limited extent EDA is involved in into the American home. I ask your support for ing further unilateral and preemptive mili- tary activity, including military strikes on funding assessment or cleanup of brownfields this legislation, which would help protect fami- sites, the intent of the EDA bill is that grant lies, especially the children, from untimely any nation that is not directly threatening the United States. funds shall only be provided consistent with deaths due to unguarded guns. Your attention to this important matter is the ‘‘Polluter Pays’’ principle. When federal greatly appreciated. funds are provided for assessment or cleanup, f f it is important to ensure that the costs not be shifted from the polluter to the taxpayer. This RECOGNIZING THE EFFORTS OF MR. JAMES ADGATE HONORED AS principle applies broadly whether the projects NORTHERN VIRGINIA RESIDENTS OHIO’S OUTSTANDING OLDER are addressed under CERCLA, in the Leaking TO BRING PEACE AND SECURITY WORKER TO OUR NATION Underground Storage Tank program under the Solid Waste Disposal Act, or under other envi- HON. TIM RYAN ronmental laws. For example, in a statement HON. JAMES P. MORAN OF OHIO to the Senate Committee on Environment and IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA Public Works on April 28, 2004, David Samp- IN THE HOUSE OF REPRESENTATIVES Thursday, October 7, 2004 son, Assistant Secretary of Commerce, told the Committee that ‘‘EDA is not seeking to in Thursday, October 7, 2004 Mr. RYAN of Ohio. Mr. Speaker, I rise today to congratulate James R. ‘‘Dick’’ Adgate of any way relieve a responsible party from liabil- Mr. MORAN of Virginia. Mr. Speaker, I rise Warren, Ohio for receiving Ohio’s Outstanding ity under CERCLA nor to provide funds to a today to recognize the efforts of a group of Older Worker Award. party to undertake clean-ups required under local elected officials and constituents from my Mr. Adgate was born in 1921. He started CERCLA, since to do so would undercut the Congressional district to weigh in on our Na- working in the 1930’s during the Depression at ‘Polluter Pays’ principle on which CERCLA tion’s budgetary priorities. These individuals his father’s greenhouse where he grew cut was founded.’’ are all involved in local government and com- flowers and sold them to retail florists in the I intend to follow up on the progress of the munity organizations. They are appealing to city. He liked the business but wanted to be EDA brownfields program, and to see that tax- President Bush to ensure a viable response to on the retail side, so his father built a small payer funds do not bail out responsible par- the Iraq conflict and that the Nation’s domestic shop, Elm Road Florist, in front of the green- ties. On October 5, 2004, I sent a letter to priorities are not shortchanged in the process. house. From these beginnings, Mr. Adgate’s EDA with the Ranking Member of the Sub- They come together to oppose the nation’s business grew until he owned and operated, committee on Environment and Hazardous use of unilateral and preemptive military activ- with the help of his wife Betty, a chain of Materials, Representative SOLIS, requesting ity and seek to promote a more peaceable for- stores throughout the area. He retired in the detailed information on the brownfields clean- eign policy. I am also submitting a letter that early 1990’s. Soon after he retired, increased up program. A successful brownfields program was sent to President Bush and all Wash- competition and changes in the client base assists in the redevelopment of abandoned ington area Members of Congress showing made it difficult for the floral shop to compete. sites with limited contamination. This goal their concern on this important issue. Mr. Mr. Adgate came out of retirement and took must be achieved without sacrificing environ- Speaker, I ask you to join me in supporting over the business again, working to make it mental protection and without shifting the bur- their commitment to our country and concern more efficient. He continues to look for new den of the cleanup to taxpayers when the pol- for the pressing social needs in communities. ways to stay competitive. luters can be held accountable.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.127 E11PT1 E1880 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 START MAKING A READER TODAY students. He is well-liked, admired and re- 1993 First Place Nursery/Landscape, First (SMART) READING PROGRAM spected by the students, parents and faculty Place Tool Identification, First Place of Chatham Central High School and through- in Creed out the county’s schools because he has tre- 1994 First Place Floriculture HON. PETER A. DeFAZIO 1995 First Place Floriculture OF OREGON mendous knowledge about his field of teach- ing. He began winning first place awards for 1996 First Place Floriculture, First Place IN THE HOUSE OF REPRESENTATIVES Horticulture and Floriculture in 1975 and is still Nursery/Landscape, First Place For- Thursday, October 7, 2004 winning. I will submit his list of awards so that estry 1997 First Place Floriculture, First Place Congress can see his many, many awards! Mr. DEFAZIO. Mr. Speaker, as Congress Nursery/Landscape, First Place Extem- In addition, Mr. Smith has been recognized looks for innovative solutions to educate our poraneous Public Speaking, First Place Nation’s children—our next generation of lead- county-wide by Chatham County public Tool Identification, Seventh Place For- ers—I’d like to call attention to a nonprofit schools as their Teacher of the Year for the estry and North Carolina State FFA reading program called SMART: Start Making school years, 1980–1981, 1981–1982 and Officer A Reader Today. SMART is making a measur- 1986–1987. He has been named Chatham 1998 First Place Floriculture able difference for Oregon children who are County Central High School Teacher of the 1999 First Place Nursery falling behind. It has tremendous potential as Year for the school years 1980–1981, 1981– 2000 First Place Tool Identification a model for the Nation. 1982, 1986–1987 and 1993–1994. In 1995 he 2001 First Place Floriculture SMART’s mission is to hook children on was one of only 6 teachers to be recognized 2002 First Place Floriculture and First Place as a National Regional Teacher of the Year. reading at an early age. By connecting chil- Nursery/Landscape His principal at Bear Creek Central High dren with community volunteers for weekly 2003 First Place Floriculture School had this high praise for him, ‘‘Mr. 2004 First Place Floriculture and First Place one-on-one reading sessions—and giving Smith is one of the educators that will come Nursery/Landscape each student free books to take home and along once in a lifetime. He is a mentor, and NATIONAL FFA TITLES: keep—SMART cultivates a supportive environ- an innovator. He is humble, yet driven to suc- ment where reading skills build quickly and ceed. His students will fondly remember the 1974 Tenth Place Horticulture confidence grows just as fast. impact that he made for several years after 1977 Fifth Place Horticulture Perhaps most importantly, SMART delivers they leave Chatham Central High School. 1978 First Place Horticulture proven results. Independent research shows They will realize that they weren’t simply 1979 Ninth Place Floriculture and Nursery/ Landscape that children who participate in SMART de- taught the subjects of horticulture and flori- velop key reading skills faster than their peers, 1980 Third Place Nursery/Landscape culture; they were trained for the real world 1981 Second Place Floriculture and maintain these gains after leaving the pro- application of both.’’ gram. In fact, fifth graders who have been in 1982 Third Place Floriculture and Third Mr. Speaker, North Carolina is truly blessed Place Nursery/Landscape SMART are 60 percent more likely than their to have the abilities and talents of a teacher 1983 Ninth Place Floriculture and Fifth peers to reach the state benchmark in read- like Julian Smith teaching and shaping its Place Nursery/Landscape ing. young minds. I am pleased that Chatham 1984 First Place Floriculture and Second SMART began 12 years ago in eight County recognizes the talents of this wonder- Place Nursery/Landscape schools and has since grown to serve more ful teacher, and I am pleased to be able to 1985 First Place Floriculture—students also than 11,000 children annually in 31 of Or- recognize him in the U.S. House of Rep- placed First, Second and Third individ- egon’s 36 counties. About 9,000 adults each resentatives. ually—and First Place Nursery/Land- year volunteer with SMART in more than 260 JULIAN SMITH RESUME´ scape public elementary schools. HONORS 1986 First Place Floriculture and Second SMART’s unique track record of mobilizing 1997 North Carolina State Outstanding Place Nursery/Landscape whole communities to invest in their local Alumni from Agriculture Education 1987 Second Place Prepared Public Speaking schools has been pivotal to the program’s on- 1995 National Regional Agriculture Teacher 1988 Second Place Nursery/Landscape going success. By engaging so many people of the Year (Six in the U.S.) 1989 Second Place Floriculture and First to make community literacy a priority, SMART 1980–1981; 1981–1982; 1986–1987 Chatham Coun- Place Nursery/Landscape is helping to create an educated workforce for ty Teacher of the Year 1990 Fifth Place Floriculture and Third Place 1980–1981; 1981–1982; 1986–1987; 1993–1994 Chat- Nursery/Landscape the next generation. It is helping Oregon build ham Central High School Teacher of 1992 First Place Floriculture a solid economic future. the Year Tarheel of the Week—Raleigh 1993 First Place Nursery/Landscape Please join me in making SMART and other News & Observer—January, 2000 1994 Fifth Place Floriculture proven early reading programs a funding pri- NORTH CAROLINA STATE FFA TITLES 1995 First Place Floriculture ority this year. 1965 First Place Tool Identification 1996 First Place Floriculture and Second f 1966 First Place Tool Identification Place Nursery/Landscape and Eighth 1970 North Carolina State FFA Officer Place Forestry IN CELEBRATION OF THE OUT- 1971 First Place Parliamentary Procedure 1997 Second Place Floriculture and First STANDING TEACHING CAREER 1974 First Place Horticulture Place Nursery/Landscape (students also OF JULIAN SMITH 1977 First Place Horticulture placed First, Second and Third individ- 1978 First Place Horticulture ually) 1979 First Place Floriculture & Nursery/ 1998 First Place Floriculture (high indi- HON. BOB ETHERIDGE Landscape Landscape vidual) OF NORTH CAROLINA 1980 First Place Nursery/Landscape 1999 First Place Nursery/Landscape IN THE HOUSE OF REPRESENTATIVES 1981 First Place Floriculture 1982 First Place Floriculture and First Place 2001 Second Place Floriculture Thursday, October 7, 2004 Nursery/Landscape 2002 Fourth Place Floriculture and First Mr. ETHERIDGE. Mr. Speaker, I rise today 1983 First Place Floriculture and First Place Place Nursery/Landscape (top two indi- to praise a great North Carolinian and teacher Nursery/Landscape viduals) in the Chatham County public schools, Mr. Ju- 1984 First Place Floriculture and First Place 2003 Second Place Floriculture Team Nursery/Landscape 2004 Yet to be determined lian Smith. 1985 First Place Floriculture and First Place Mr. Smith received a B.S. degree in Agri- Nursery/Landscape culture Education from the University of North 1986 First Place Floriculture and First Place Carolina in 1965. In July of 1965 he began Nursery/Landscape teaching in the Chatham County Schools 1987 First Place in Prepared Public Speaking where he remains to this day. He augmented 1988 First Place Nursery/Landscape his education with a Masters degree in Agri- 1989 First Place Floriculture and First Place culture Education from North Carolina State Nursery/Landscape 1990 First Place Floriculture and First Place University in 1971. This is truly a man who Nursery/Landscape gathers knowledge in order to impart more to 1991 Second Place Floriculture and Second his students. Place Nursery/Landscape Mr. Smith has taught and continues to teach 1992 First Place Floriculture and First Place horticulture and floriculture to Chatham county Tool Identification

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.132 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1881 THE ‘‘UNITED STATES BOXING CONGRATULATIONS TO MACOMB to-work and re-training programs, and to COMMISSION ACT’’ COMMUNITY COLLEGE ON ITS spend time with the students there. I ask my 50TH ANNIVERSARY colleagues to join me in thanking all those who have helped build this remarkable institu- HON. CLIFF STEARNS HON. SANDER M. LEVIN tion, and to extend our best wishes for their important endeavors in the future. OF FLORIDA OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Thursday, October 7, 2004 SERVICEMEMBERS AND VETERANS Thursday, October 7, 2004 Mr. LEVIN. Mr. Speaker, I rise to congratu- LEGAL PROTECTIONS ACT OF 2004 late an excellent educational institution in Mr. STEARNS. Mr. Speaker, today I am in- SPEECH OF troducing legislation to help protect profes- Michigan, Macomb Community College, as it sional boxers throughout our country. I am in- celebrates its 50th anniversary. ‘‘Community’’ HON. SUSAN A. DAVIS troducing the ‘‘United States Boxing Commis- is central to the vision of Macomb Community OF CALIFORNIA sion Act’’ to create a Federal entity respon- College (MCC), and over its fifty years of serv- IN THE HOUSE OF REPRESENTATIVES sible for coordinating, implementing, and en- ice I am confident it has touched nearly every Wednesday, October 6, 2004 home in Macomb County in one way or an- forcing uniform standards for the sport of box- Mrs. DAVIS of California. Mr. Speaker, I rise ing. Currently, the states and tribal organiza- other. MCC was founded as part of a K–14 system today to thank my colleagues for acting to pro- tions regulate professional boxing. Although tect the benefits of a vulnerable class of Amer- they have taken great effort to require min- and was known as ‘‘South Macomb Commu- nity.’’ Approximately 84 students attended ica’s brave veterans. imum standards for the sport, uniform enforce- Over 100,000 of America’s military veterans ment has been a problem. classes, $2.00 per credit hour, in seventeen basic course areas at night in space borrowed or their dependents are not able to manage Congress has enacted legislation to address at Lincoln High School. Today its reach ex- their own finances because of physical or the sport of boxing twice in the past decade. tends to six campus sites and outreach cen- mental disabilities. In these cases, the Depart- In 1996, we enacted the Professional Boxing ters and it enjoys an annual enrollment of ment of Veterans’ Affairs (VA) appoints a fam- Safety Act. In 2000, we again addressed box- 44,000 students with 1100 courses offered in ily member, a guardian, or another person to ing reform and passed the Muhammad Ali Act. the day, night, and online. act as a ‘‘fiduciary’’ to protect and manage The idea of a Federal Boxing Commission Every decade has seen expansion and dis- their monetary payments and VA benefits. was raised in previous Congresses and it was tinction at MCC. In the 1960s their service Caring for a dependent veteran involves deemed unnecessary at that time. However, area was expanded to include the entire coun- using the payments the VA sends each month after carefully reviewing the effectiveness of ty, and its two main campuses, South and to pay utility bills, buy food, and to meet the the laws we passed, I am convinced it is now Central, became realities so it could serve other needs on behalf of the veteran. It is a time for a Federal Commission for profes- both, urban and rural areas. tremendous responsibility. sional boxing. Despite our previous efforts, en- Enrollment continued to climb in the 1970s Last year, during an oversight hearing into forcement of the law remains an issue and the and, at one point in the 1980s, MCC was the the VA’s fiduciary program, I learned that sport continues to face problems that cannot third largest college in the state behind the some of these veterans are not always cared be addressed by the states. In fact, at a hear- University of Michigan and Michigan State for by the appointed fiduciary. In fact, the Inspector General has found ing I held in my subcommittee, a current state University. They also added a world-class fa- cases in which a fiduciary has withheld pay- boxing commissioner testified that the states cility, the Macomb Center for Performing Arts, ments completely for several years—defraud- need the Federal government to be directly in- which now holds nearly 700 events annually, ing the veteran out of several thousand dol- volved. enjoyed by some 260,000 individuals. It was lars. also in the 1980s that a third campus site was I do not think lightly of creating a new Fed- In my District Office in San Diego, my staff added to house police and fire academies, eral commission. I would typically be reluctant has tried to assist veterans who lost out on workforce development and training, and con- to introduce such a bill because I believe their payments only to learn that under current tinuing education programs. strongly in states’ rights, and most of them do law, the VA does not have the authority to re- In the 1990s, the College partnered with an excellent job in regulating boxing. However, place the benefits when misuse has occurred. the history and nature of the sport provide nine universities and upper division public and Because it was our veterans suffering from overwhelming evidence that it only takes one private colleges to launch the University Cen- the lack of oversight, I introduced the Veterans state to lower its standards—usually in the ter where approximately 2500 students could Fiduciary Act of 2004 or H.R. 4023 to provide name of money—and undermine the integrity pursue bachelors and masters degrees closer veterans with protections similar to those re- of the sport. More importantly, the safety of a to home. Also in this decade, its fourth cam- cently enacted to protect Social Security bene- boxer is supposed to be paramount and pro- pus, the Emergency Services Training Center ficiaries. Surely our Nation’s veterans also de- tected by the state authority. When a state was constructed as a state-of-the-art training serve the same protections as Social Security lowers its standards or fails to follow the law, facility for police, fire, first responder, emer- beneficiaries. it jeopardizes every boxer’s safety. gency medical and municipal services. H.R. 4032 gives veterans new avenues to In 2002, MCC partnered with the State of recoup their losses if they fall victim to fraud. This legislation is intended to implement Michigan on the site of the former Army Tank changes that are within the Energy and Com- In addition, the VA will conduct more thorough Plant, after the property was transferred from background checks and will have new author- merce Committee’s jurisdiction and is there- military to public use, to build its most recent fore narrower than what is required to fully ad- ity to take action against fiduciaries who are addition, ‘‘The Michigan Technical Education not fulfilling their obligations. dress the issues boxers face. It creates the Center’’ (M–TEC) to house the College’s com- United States Boxing Commission which will I am pleased provisions of H.R. 4032 have prehensive Workforce Development Institute. been included in the servicemembers Legal have the power and authority to set minimum Mr. Speaker, one might say that fifty years standards for the states to follow. It will not re- Protection Act of 2004 or H.R. 4568. I urge my ago South Community College planted seeds colleagues to support this legislation today. place the state regulation, but will work with in borrowed space. Today, those seeds have the states to develop appropriate minimum sprouted throughout the entire County. The f standards and to ensure their rules and stand- residents of Macomb County have indeed MARRIAGE PROTECTION ards are enforced. been fortunate to have such a progressive in- AMENDMENT As I indicated, I support additional reforms stitution committed to the educational needs of that are necessary to fully address the prob- everyone in the area. The College has been SPEECH OF lems of the sport and protect boxers. While it forward-thinking in their approach to the needs HON. TOM DeLAY is my preference to do more, because those of the County and they have been committed OF TEXAS reforms are not within the Committee’s juris- to the vision of a ‘‘better future for those grow- IN THE HOUSE OF REPRESENTATIVES diction, I am committed to work with my ing up in the community as well as the com- House colleagues and the Senate to address munity itself.’’ Thursday, September 30, 2004 those concerns and ensure they become Fed- It has been my pleasure to work closely with Mr. DELAY. Mr. Speaker, I know some eral law as well. MCC in so many important areas, like school- wanted to pick a fight here today, trying to get

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.136 E11PT1 E1882 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 us to talk about homosexuality and all those raised by gay people. There are wonderful have forced on us this question of the future kinds of things. We did not talk about them children being raised by single moms. But of marriage, and this amendment is our only because that is not what this is about. What these arrangements are not the ideal. The hope of preserving it. this is about is marriage and the definition of ideal remains marriage between one man and We are starting the effort today. Yes, it may marriage. Marriage is the most enduring insti- one woman. not pass today. I wish it would, but it may not tution in human history—the unique, spiritual To those who say that whatever trouble that pass today. But this is only the beginning, be- bond between one man and one woman. Mar- ideal is in is due in large part to cause this nation will protect marriage. This riage is a man and woman that can create heterosexuals, I wholeheartedly agree. The nation knows the consequences of destroying children. It is the architecture of family and the last four decades, on the whole, have not the definition of marriage as one man and one most successful arrangement ever conceived been good for marriage in America. Take no- woman. If we lose today, we will come back. for the protection and raising of children. fault divorce. Divorce is a pressure against We will take it from here, and we will be back. A man provides something that a woman marriage. No-fault divorce undermines mar- And we will be back. And we will be back. We cannot provide, just as a woman provides riage. will never give up. We will protect marriage in something that a man cannot provide. Women But I would submit that the rise of no-fault this country. can be great mothers, but they cannot be fa- divorce, welfare policies that reward abandon- f thers. Men can be great fathers, but they can- ment, the breakdown of the family, and every not be mothers. The reason that one man and other challenge to marriage are not reasons to THE ‘‘FAIR ACCESS TO CLINICAL one woman are necessary to rear children is abandon that ideal, but reasons to hold up TRIALS (FACT) ACT’’ so that the children can receive the benefits that ideal higher than ever. that a man can give them and that a woman For as much as we may suggest that mar- HON. EDWARD J. MARKEY can give them. Boys and girls need men and riage needs us, in fact we need it! OF MASSACHUSETTS women, moms and dads bringing into their Society needs children to be raised by their IN THE HOUSE OF REPRESENTATIVES biological, married parents. homes every day the complementary and Thursday, October 7, 2004 unique characteristics of their genders. This isn’t radical or even conservative: it’s Marriage is the basic unit of society, the common sense, affirmed by a vast majority of Mr. MARKEY. Mr. Speaker, I rise today to very DNA of civilization, and if that civilization our countrymen, who support the protection of introduce the Fair Access to Clinical Trials is to endure, marriage must be protected. So- marriage because they know from their own (FACT) Act. This bill is designed to ensure cieties transmit their values through marriages experiences that without this enduring and that the public has complete and accurate in- and the families they create. A man and a beautiful institution, they themselves would be formation about the drugs and devices they woman come together in marriage to create lost. use. children and rear them and hand down their That is why the cultivation of the ideal family Recent revelations in the press and in the values to them. Families come together to cre- of mother, father, and children—an ideal es- oversight hearings conducted by the Energy ate communities. And these communities tablished by nature, sustained by human ex- and Commerce Committee’s Oversight and In- come together to create our nation. The pres- perience, and supported by decades of social vestigations Subcommittee have raised seri- ervation of our values as a nation starts with science—remains a compelling government ous concerns that some companies in the one man and one woman having children. and societal interest. pharmaceutical and medical device industries If you destroy marriage and people do not Despite the challenges of recent decades, have failed to properly disclosed important in- get married, several things happen. marriage remains absolutely fundamental to formation from the public about the safety of First of all, you destroy the responsibility our society—too fundamental to allow a few certain drugs or medical devices. For exam- that comes with creating children. If you de- judges to impose a radical redefinition of it ple, there is now evidence that several pedi- stroy marriage, men are let off the hook. Men over the will of the American people. atric anti-depressant trials that produced im- can have the sex without consequences, with- But that is exactly what is happening. portant new adverse information about the out commitment, without the responsibility of So when the Massachusetts Supreme Court safety of certain drugs were not released to raising the children. That has happened in our redefines marriage out of thin air, we get a lit- the public. The public is now demanding to society and societies in Europe and other tle concerned, because we have seen it be- know why these trials never saw the light of places. On the other hand, if a man has a fore. day. Although much attention has focused on commitment to a woman, the mother of his And we have seen what happens when we disclosure problems involving the effects of child, then he realizes the responsibility of try- don’t stand up to activist judges. We did not certain anti-depressants on young people, the ing to raise that child. So when you ask the stand up on the question of abortion, and problem of selective disclosure and publication question, what is the harm in destroying mar- there have been 45 million children killed, un- is not limited to a specific type of drug or sce- riage, the answer is the harm done to children. born children killed, because we did not stand nario—the same concerns exist whether we Children born out of wedlock are more likely to up to activist judges using the courts to legis- are talking about drugs to treat depression, suffer from a variety of social ills, from de- late. heart disease or arthritis, or even a medical pendence on drugs to dropping out of school. Every leader of the groups that are oppos- device that would be implanted into the human The recent history of our inner cities shows ing this legislation to protect marriage has an- body. what can happen when fathers don’t marry the nounced to the world that they are going to I am sure that some clinical trials do not be- mothers of their children. We have seen fa- take this to the U.S. Supreme Court. They are come part of the medical literature for innocent thers just having many children by many already doing it. There are 11 court cases reasons. But we cannot ignore the possibility mothers, and leaving these children to moth- right now. Nebraska has been overturned, that some studies were and continue to be in- ers and grandmothers and aunts to raise. And Washington state, Massachusetts. There is a tentionally buried by companies who are wor- then we see the deterioration of their lives be- huge, huge effort in every state in this union, ried about the impact of a negative trial on cause they are raising themselves because even though 44 states in this union have laws their bottom line. Regardless of the motivation, their mothers and aunts and grandmothers protecting the definition of marriage. however, the fact remains that we don’t know have to work in order to raise them to pay for The opponents of this amendment to protect what trials are currently being conducted, so it the family. These kids, who are often essen- marriage are after those state constitutions, is impossible to determine whether the compa- tially raising themselves, grow up without the and when they get at those, or using the full nies and researchers are actually telling us the values that would be handed down to them if faith and credit clause, they can go to the fed- whole truth about their drugs and devices or they lived in a stable family of father, mother, eral courts, and then it begins. Then the De- whether they are painting a distorted picture of and children. fense of Marriage Act comes down. Then the their products by picking and choosing which Gang violence can be traced to the pres- United States Supreme Court, who has al- trials they want to reveal. sures that have been put upon marriage and ready signaled that they are going to, through This creates two huge problems. the family. Kids need a mother and father and Lawrence v. Texas, redefine marriage in this The first is that in order for doctors to make stable family life, and when they lack these, country, will amend the Constitution and rede- good medical decisions and provide their pa- they look for their identity elsewhere. Gangs fine marriage. tients with the best possible care, they need to can become the substitute for families. We have been left no recourse. Judicial ac- have access to complete and sound scientific Of course there are great parents raising tivism does not understand the word ‘‘re- data. great children in arrangements outside of mar- straint,’’ nor does it respect the consensus The second is that when people enroll in riage. There are wonderful children being opinion of the American people. The courts clinical trials they give up a certain control of

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.140 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1883 their own personal medical decisions, willingly HONORING DEAN PHYLLIS demically structured, intellectually demanding, taking experimental drugs and subjecting O’CALLAGHAN AND GEORGE- and personally enriching carrying into the 21st themselves to potential harm in the belief that TOWN UNIVERSITY’S LIBERAL century the Georgetown-Jesuit tradition of their participation in the studies will add to the STUDIES educating the whole person. advancement of medical knowledge and po- Dr. O’Callaghan received her Ph.D. in His- tentially unlock the secrets of disease. But if a HON. CHRIS VAN HOLLEN tory from Saint Louis University and then was researcher or a company that sponsors a trial OF MARYLAND a Professor, and then Department Chair, at does not publicize the results, the knowledge IN THE HOUSE OF REPRESENTATIVES Saint Mary’s Notre Dame, where she also was gained from putting those participants at risk awarded the Outstanding Faculty Award. She Thursday, October 7, 2004 remains forever buried in some researcher’s is active in the Association of Graduate Liberal computer. That information will not be avail- Mr. VAN HOLLEN. Mr. Speaker, it is with Studies Programs and a Member of its Board able to doctors, or to other medical research- great pleasure that I commend the Liberal of Directors. Dr. O’Callaghan helped the pro- ers, who could use it. Studies Degree Program at Georgetown Uni- gram to receive an $85,000 Grant from NEH; In order to ensure that clinicians have all the versity, which is celebrating its 30th anniver- and a $1,200,000 Grant for the James Madi- information they need in order to make sound sary. For three decades, this unique and won- son Foundation. The author of several articles medical decisions, uphold the ethical responsi- derful program has served the Washington DC and editor of two books; A Clashing of Sym- bility to patients and protect public health, I am area by offering bachelors and masters de- bols: Method and Meaning in Liberal Studies proud to join with the gentleman from Cali- grees in interdisciplinary liberal arts. and Values in Conflict: An Interdisciplinary Ap- fornia, Mr. WAXMAN, to introduce the Fair Ac- And I am further pleased to commend the proach, she also served at one time as a chief cess to Clinical Trials (The FACT Act) a bill to person who has headed and guided this legislative assistant and speechwriter in Con- create a mandatory, public, federal registry of unique program for the past 25 years, Asso- gress. all clinical trials. ciate Dean Phyllis O’Callaghan, a constituent I congratulate Dean Phyllis O’Callaghan and The FACT act will require researchers to from Chevy Chase, Maryland. As the cochair the Liberal Studies Program and wish them register their clinical trials in a federal registry of the 30th Anniversary Celebration, Chester success in the years ahead. before starting them and report the results of Gillis, Chairman of the Theology Department f those trials at the conclusion. The federal and Core Faculty Advisor for Religious Studies COMPREHENSIVE PEACE IN SUDAN database will include both federal-funded and in the Liberal Studies Program, stated at the ACT privately-funded clinical trials so that clinicians, ceremony, the ‘‘heart and soul of this enter- patients and researchers will be able to know prise—someone who embodies Liberal Stud- SPEECH OF the universe of clinical trials on a particular ies at Georgetown and commands national HON. JAMES A. LEACH drug and have access to the results of those recognition and respect’’ is Associate Dean OF IOWA trials. Our bill also establishes strong enforce- Phyllis O’Callaghan. In recognition for her IN THE HOUSE OF REPRESENTATIVES ment mechanisms, including monetary pen- work with this program and for all her accom- alties of up to $10,000 per day for manufactur- plishments, Dr. O’Callaghan was awarded the Wednesday, October 6, 2004 ers who refuse to comply. ‘‘President’s Medal,’’ which is the highest Mr. LEACH. Mr. Speaker, since February The registry established under the bill is in- award that Georgetown University can 2003, over 50,000 deaths have occurred dur- tended to meet all of the minimum criteria for present. ing the conflict in Darfur. The execution of ci- a trial registry set out by the International The Liberal Studies Program at Georgetown vilians, mass rapes, and the raiding and burn- Committee of Medical Journal Editors, and will is truly unique, outstanding and very special. ing of villages which characterize this conflict satisfy the American Medical Association’s call The program was designed to offer most have resulted in massive displacement to for the results of all clinical trials to be publicly courses in the evenings and on Saturdays, in areas that cannot provide vital sustenance. Of available to doctors and patients. Our legisla- order to best accommodate the schedules of the 1.65 million people that have been dis- tion has been endorsed by the New England those who wish to participate in academia placed, over 200,000 have fled to neighboring Journal of Medicine and the Elizabeth Glaser while still pursuing professional careers. The Chad with projections that more lives may now Pediatric AIDS Foundation. majority of students in the Liberal Studies pro- be jeopardized by hunger, disease and inad- The FACT act will ensure that patients have gram are ‘‘working students,’’ and the program equate shelter than by bullets and clubs. the tools they need to make informed deci- reflects the intellectual curiosity, breadth of in- The President, Secretary of State and Con- sions, maintain the integrity of the medical terest, and professional experience of these gress, all have formally declared that the trag- community, and protect the health of their pa- students whose lives and occupations most edy underway in Darfur is genocide. Such tients and our families. graduate programs do not address. deeds can’t be considered in the abstract or I look forward to working with everyone con- The students come from all walks of life. simply ignored; nor can the legal responsibil- cerned about this important issue so that we Some are recent college graduates who wish ities of the U.S. be ducked. Under the Geno- end up with a system that preserves a robust to continue their education by working for a cide Convention of 1951, to which the U.S. is system of research and ensures robust sys- Master’s degree. Others work for the govern- a party, we have a legal as well as a moral tem of disclosure. ment—on the Hill or in the Executive branch. obligation to act. In contemplating actions, we would be wise f Some are foreign born and are currently work- ing at various embassies or international orga- to review our failed policies in the 1990s in PERSONAL EXPLANATION nizations. This diversity enhances class dis- East Africa. In Somalia, the initial decision to cussions and enriches the entire program. The use U.S. armed forces to intervene for human- HON. GEORGE R. NETHERCUTT, JR. professors represent the best Georgetown has itarian purposes began as a justifiable, per- OF WASHINGTON to offer. Many teach full-time, but a number haps even noble, exercise of American power. IN THE HOUSE OF REPRESENTATIVES also have non-academic careers, which en- But the chaos associated with an on-going able them to bring fresh experiences into the civil war frustrated our ability to provide sus- Thursday, October 7, 2004 classrooms. tainable support, causing us to choose sides Mr. NETHERCUTT. Mr. Speaker, I was un- Fourteen curricular fields provide concentra- in a conflict for which we had inadequate intel- avoidably detained due to a prior obligation tions in broad areas of special interest. In- ligence and no clear tactical plan. The trauma and missed the following votes. Had I been stead of focusing on academic disciplines, the of becoming engaged in a civil war not of our present I would have voted ‘‘yea’’ on rollcall courses are designed to reflect the questions choosing or clear understanding led to a deci- vote No. 487; ‘‘yea’’ on rollcall vote No. 488; and interests these adult students carry in sion to disengage and a subsequent reluc- ‘‘yea’’ on rollcall vote No. 489; ‘‘yea’’ on rollcall their lives and their occupations. The courses tance to re-engage in East Africa when a vote No. 490; ‘‘yea’’ on rollcall vote No. 491; and instructors enable the students to read neighboring country, Rwanda, became gripped ‘‘yea’’ on rollcall vote No. 492; ‘‘no’’ on rollcall and reflect on great issues that have con- several years later by genocidal forces. Lack vote No. 493; ‘‘no’’ on rollcall vote No. 494; cerned, thrilled and disturbed major thinkers of strategic clarity embarrased Washington in ‘‘yea’’ on rollcall vote No. 495; ‘‘yea’’ on rollcall and movements in the past and in the present. the first instance. Lack of confidence ham- vote No. 496; ‘‘yea’’ on rollcall vote No. 497; At the core of these courses are the values strung decision-makers in the second. Con- ‘‘yea’’ on rollcall vote No. 498; ‘‘yea’’ on rollcall humans cherish, debate and that are replete sequently, the world witnessed avoidable trag- vote No. 499; ‘‘no’’ on rollcall vote No. 500; in the liberal arts. The Liberal Studies Program edies: the massacres of hundreds of thou- and ‘‘yea’’ on rollcall vote No. 501. graduate and undergraduate degrees are aca- sands of innocents.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.143 E11PT1 E1884 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 The challenge today in Sudan is to accept government. Pressure must also be applied on have reason to know the situation best, a an obligation to act on the diplomatic and hu- the rebels to stop ambushing humanitarian aid grade like this is shameful and unacceptable. manitarian front without becoming militarily en- convoys. Several key airports have been identified as gaged. The killing and displacement must be A strong international approach to Darfur having particular needs for expeditious im- stopped, but little could be more counter-pro- has the prospect of stabilizing a dire situation ductive than a perceived U.S. military interven- and serving as a reminder to all governments provements. These include the four airports tion against a third Muslim nation at this time. that sovereignty is not a shield behind which administered by the Port Authority of New In this year’s presidential race there is a genocidalists can hide. Combating genocide is York and New Jersey (Islip, JFK, LaGuardia, profound debate about whether a U.N. man- a world responsibility. With humanitarian aid, Newark); Chicago O’Hare; BWI; the airports in date is necessary before America can act mili- support for the AU, a double-pronged negoti- Allentown, Harrisburg, and Pittsburgh, Penn- tarily. Both major party candidates have prop- ating strategy and a carrot-and-stick approach, sylvania; and Birmingham International Airport erly noted that the U.S. reserves the right to the prospect that Sudan can move toward in Alabama. act alone. While each gives different emphasis greater peace and security for its citizens is In recent months, it has been my privilege to the wisdom of receiving international sanc- promising. But a timely commitment of the tion, each also recognizes the preferability, al- international community is key. It has yet to be to consult with several private-sector experts though not necessity, of obtaining international established. on airport perimeter security. Dr. Walter support. What hasn’t been discussed is the This resolution is modest but important step Estulin, Philip Allen, and David Brownstein of question of whether the U.S. reserves the right in the right direction. I urge its passage. the New York-based high-technology com- not to engage militarily even if there is a U.N. f pany, L–3 Communications, have taken time mandate to act. The answer is clearly yes. We to explain to me how off-the-shelf technology THE UNITED STATES SHOULD IM- reserve the right not to use force, just as we can be used to protect our airports from in- reserve the right to defend ourselves. PROVE AIRPORT PERIMETER SE- CURITY truders and infiltrators who can undermine the Sudan is a case in point. The U.S. is at- integrity of our air transportation system. Sci- tempting to nudge the Security Council in a entists and engineers from L–3 Communica- more attentive way, but our emphasis is prop- HON. GREGORY W. MEEKS tions have examined the problems faced by erly on pressing for African Union rather than OF NEW YORK airports (and, by extension, seaports and in- U.S. force deployment, with the understanding IN THE HOUSE OF REPRESENTATIVES land harbors) and have developed technology that we may have to give material and logistic Thursday, October 7, 2004 that can go a long way toward meeting the se- support to African soldiers. Such an approach curity needs of transportation infrastructure. was well envisioned by the founders of the Mr. MEEKS of New York. Mr. Speaker, U.N. Indeed, with the principal exception of since the tragic events of September 11, One issue of particular concern is the pro- the Korean war, the Big Five of the Security 2001, anxieties about airport security have in- liferation of MANPADS—‘‘Man-Portable Air Council have traditionally provided the funding creased. Most visible improvements and modi- Defense Systems’’—or, in a nutshell, shoul- for peacekeeping forces, while the troops fications—such as passenger screening—have der-launched anti-aircraft missiles. In a GAO themselves have generally been drawn from already been done. Less visible improve- report published in May 2004, we learn that smaller or non-aligned countries, such as Can- ments, particularly in terms of protecting air- ‘‘MANPADS pose a threat to commercial air- ada, Nigeria and India. port perimeters against unauthorized entry, craft for several reasons. First, MANPADS are In this context, an operation to bring peace are lagging. widely available.... The U.S. government to Darfur should involve many countries and, A recent Government Accountability Office estimates that a few thousand MANPADS are as the Special Representative to the Secretary (GAO) report found that airport perimeter se- outside government controls.... Second, General for Sudan Jan Pronk said, be ‘‘broad, curity has not appreciably improved in the past the characteristics of MANPADS—their big, and quick.’’ U.S. focus should be on: three years, despite persistent expressions of lethality, portability, ease of use and conceal- 1. Humanitarian assistance. Some aid is al- concern by Congress. The funds provided for ment, and relatively low cost (from less than ready en route, purchased with money di- these purposes have not been delivered to air- $1,000 to $100,000 each)—make them attrac- verted from Iraq. More is required. The need ports where they are needed. tive to terrorists for acquisition and use against is dire and urgent. People of Darfur lack ade- This report’s title tells the whole story: commercial aircraft. Third, MANPADS have quate shelter, potable water and health care ‘‘Aviation Security: Further Steps Needed to been successfully used to attack and bring facilities. They do not expect to see a usable Strengthen the Security of Commercial Airport down aircraft.’’ So far, luckily, none of these harvest until January 2006. Perimeters and Access Controls.’’ In it, the weapons have been used successfully within GAO notes that ‘‘through funding of a limited 2. Regional Organizations. To carry out its the United States. Still, in the ‘‘report card’’ number security enhancements, TSA [the mission, the African Union needs a broad from the Airline Pilots Association, defense Transportation Security Agency] has helped to mandate for at least 3,500 armed and un- against anti-aircraft missiles was given a armed troops and authority to use force if nec- improve perimeter and access control security grade of ‘‘F.’’ This is certainly a cause for con- essary. As it is, the AU, currently has a limited at some airports. However, at the time of our cern. mandate for a 305-person armed force serving review, TSA had not yet developed a plan to to protect 100 or so unarmed monitors of the prioritize expenditures to ensure that funds There are two actions we can take to ad- April 8th cease fire between the Sudan Libera- provided have the greatest impact in improv- dress these matters. First, Congress should tion Army, the Justice and Equity Movement ing the security of the commercial airport sys- direct the Secretary of Transportation to better and government forces. tem.’’ prioritize grants made under his authority 3. Negotiations. These must be pursued on The safety and security of our airports and under the Federal Airport Security Capital two fronts. One, to settle the 21-year-old con- air passengers are contingent on the priorities Fund. flict between the North (the government) and established by the TSA and other government the South of Sudan; the other, to bring peace agencies. Second, we should pass legislation now to Darfur. The two situations are interrelated Congress recognizes this, and in response under consideration, introduced by Senators and neither can be credibly brought to a close to the terrorist attacks on our country, it estab- JAY ROCKEFELLER (D–West Virginia), JOHN without the other. An agreement between the lished the Federal Airport Security Capital MCCAIN (R–Arizona), and ERNEST HOLLINGS North and the South hopefully can provide a Fund to finance improvements at U.S. airports. (D–South Carolina), called the ‘‘Aviation Secu- framework for a settlement between the rebels This fund provides $250,000,000 a year to be rity Advancement Act’’ (S. 2393). If passed, and the Sudanese government in Darfur, but parcelled out according to a legally-mandated this bill would authorize $100,000,000 for the progress on the first front should not be a con- formula by the Secretary of Transportation, in Department of Homeland Security ‘‘for airport dition to seek progress on the second. consultation with the Under Secretary for Bor- perimeter security technology, fencing, secu- 4. Leverage. The U.S. and the U.N. are pre- ders and Transportation at the Department of rity contracts, vehicle tagging, and other pe- paring a list of sanctions to induce the Suda- Homeland Security. Despite this fund’s exist- nese government to comply. In the bill before ence, much remains to be done. rimeter security related operations, facilities, us, H.R. 5061, the President is empowered to In a ‘‘report card’’ published by the Airline and equipment.’’ This sum should be doubled. freeze Sundanese assets, restrict travel and Pilots Association, airport perimeter security in Surely $200,000,000 is a small price to pay to impose other sanctions. It is a mistake, how- the United States was given an overall grade assure the safety and security of the millions ever, to put the heat solely on the Sudanese of ‘‘D.’’ Based on the judgment of those who of Americans who travel by air each year.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.147 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1885 EMBRACE DRUG REIMPORTATION supplier of the flu vaccine, the French com- for adults who illegally provide those juveniles pany, Aventis Pasteur. with firearms. That’s how we must keep our HON. NICK J. RAHALL II Yes, there are criticisms about the safety of schools and communities safe. OF WEST VIRGINIA imported drugs. One might be able to look to Mr. Speaker, tougher gun laws should not IN THE HOUSE OF REPRESENTATIVES this most recent flu vaccine scare and say that infringe on the rights of law-abiding citizens, this is a perfect example of why we don’t im- and Congress has both the authority and the Thursday, October 7, 2004 port drugs. The safety of the supply could be responsibility to ensure that they do not. So, Mr. RAHALL. Mr. Speaker, today I ask a compromised. the question before us today is not whether very serious question. Why is it, the Cheney- I would say that this is a perfect example of Congress can repeal the District of Columbia’s Bush bunch allow us to import foreign made why we should import from countries like Can- handgun and self-defense bans, it is whether flu vaccines, but won’t allow Americans to ada or the United Kingdom. They have safe- Congress should do so. The U.S. Constitution, shop for American made cheaper drugs guards in place, just as we do, that protect the the constitutions of 44 States, Federal law, the across our borders? integrity of the prescription drug supply. laws of all 50 States, the vast majority of We all know the importance of getting our On August 12th, the acting FDA commis- Georgians and of Americans recognize the flu vaccines every year. The Washington Post sioner Lester Crawford expressed his concern right for law abiding citizens to use firearms reports that last year’s flu season was the that al-Qaida may attack the supply of drugs for protection, and for other legal purposes. worst flu season we’ve had in 4 years, and the coming into this country. Only the District of Columbia prohibits a per- flu killed 142 people. As all Americans are I will tell you that I am JUST AS CON- son from having a firearm assembled and aware, there is another flu vaccine crisis in our CERNED about the 28 percent of older adults loaded at home, for the purpose of self-de- country. with diabetes who, as reported in the February fense. I believe that that’s wrong. We should America’s supply of the flu vaccine has 2004 issue of Diabetes Care, are going with- pass this bill and allow D.C. residents to pro- practically been cut in half, because the out food or other essentials to pay for their in- tect themselves from crime. world’s second-leading supplier, The Chiron sulin. f Corp. based in Britain, was shut down be- Why, in the richest nation on Earth, with this cause of contamination reported in its batches so-called comprehensive new Medicare pro- UNIVERSAL NATIONAL SERVICE of the vaccine. gram, are people going without food to afford ACT OF 2003 48 million vaccines were due to be shipped their drugs? SPEECH OF before this shutdown. I repeat, 48 million Why is the Administration so opposed to a doses of this vaccine were to be imported into program that would help so many? HON. RUSH D. HOLT this country, to help combat a life-threatening So, Mr. Speaker, I urge not only the duly OF NEW JERSEY illness. elected Representatives of the citizens in IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I speak to address a glaring these United States, but also the President to Tuesday, October 5, 2004 policy inconsistency on the part of the Che- do what is in the best interests of these citi- ney-Bush administration. zens. Mr. HOLT. Mr. Speaker, I rise today to talk Why is it, that a long-standing health policy, I urge both Congress and the President to about a very important subject for the young that is wildly effective and successful, be per- embrace prescription drug re-importation and people of my district and America, the draft. mitted with respect to one killer, but denied to reject the influence of the pharmaceutical This week, the Congress considered H.R. 163, every other disease? companies. Universal National Service Act of 2003, which 142 people died from the flu last year, and f would require every U.S. citizen, and every it causes outrage and action. 250,000 people other person residing in the United States, be- die from heart attacks before they even get to DISTRICT OF COLUMBIA tween the ages of 18 and 26 to perform a two- the hospital each year, and it’s accepted as PERSONAL PROTECTION ACT year period of national service, unless exempt- just another statistic. ed. SPEECH OF How many of these 250,000 could have Let me make clear, I do not support rein- been saved, if only they’d had medicine to HON. SANFORD D. BISHOP, JR. statement of an active military draft system. lower their cholesterol? OF GEORGIA Also it is very unlikely there will be a draft in How many of these 250,000 could have IN THE HOUSE OF REPRESENTATIVES the foreseeable future. been saved, if only they’d been able to afford The legal authority for drafting men into the Wednesday, September 29, 2004 their medicine? U.S. armed forces expired in 1973. However, According to a recent press release from Mr. BISHOP of Georgia. Mr. Speaker, all the U.S. Selective Service System has been the University of Michigan Health System, Americans know that gun control continues to registering 18–25 year-olds on a stand-by nearly half of patients who have a prescription be a serious subject of debate, right here in basis. These young men could be called for for any of the cholesterol-fighting drugs called the District of Columbia, in the State of Geor- service should an active draft ever be rein- statins fail to fill their prescription every time— gia, which I represent, and across this nation. stated. Currently, women are not required to or stop filling it altogether! The University goes It’s an issue of personal safety and of constitu- register with the U.S. Selective Service. on to say that the higher the prescription cost, tional rights embedded in the fabric of our Na- Young people, as well as their parents, the lower the number of prescriptions filled. tion. across my district have heard about a draft Let’s ignore, for a moment, that Europe has I agree with those who want to restrict crimi- bill, and these constituents are asking ques- been importing drugs safely and effectively for nal access to guns. However, this must be tions about the draft bill and want to find out over 20 years. done without compromising the constitutional its status. Congressman RANGEL and U.S. Let us also ignore that countries like Can- rights of our law-abiding citizens. Senator FRITZ HOLLINGS from South Carolina ada, the United Kingdom, Germany, and I strongly support the right of law-abiding introduced this legislation to reinstate an ac- France also have higher life expectancies and adults to purchase and own firearms for the tive draft and extend service requirements to lower child mortality rates than the United protection of their homes and families, col- women. I cannot speak for them about their States does. lecting, target shooting, and hunting. That’s motives behind this legislation, but they cer- But let us not ignore a new FDA proposal. why I have and will continue to oppose any tainly do make a fundamental point: if we go A proposal that would require customs agents proposal that threatens this basic Second to war, all Americans should share in the cost to return all drugs sent from foreign addresses Amendment right. and sacrifice of that war. The authors point out back to their senders. I realize the concerns of some Americans that without a universal draft, this burden falls William Hubbard, a senior associate com- who, in the wake of school shootings and disproportionately on the shoulders of the missioner at the FDA, told Congress on June other heinous illegal acts, call for stricter gun poor, the disadvantaged, and minorities, as 7th, ‘‘We need to make a blanket assessment control measures. I understand those con- was the case during the Vietnam War. that these drugs are not safe for American cerns. That’s why I fully support measures that Mr. Speaker, H.R. 163 raises important consumers and they should be turned back.’’ call for tougher sentences for the illegal use of questions about the current composition of Unless, of course, it’s the flu vaccine. firearms, to get offenders off the streets and U.S. armed forces. For example, Representa- And then it’s OK if they come from the out of our communities. I support stiff sen- tive RANGEL argues that among 535 Members United Kingdom, as in the case of the Chiron tences of juveniles who use firearms illegally, of Congress, only four have sons or daughters Corp. Or if it comes from the world’s largest and I support increasing the maximum penalty who presently serve in the military.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.152 E11PT1 E1886 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Yet we have not had a national debate on During this week, there will be a more visi- state government; Ph.D.’s in the sciences and the draft and we certainly did not have that ble push in the communities to get the infor- liberal arts; college professors; school teach- debate this week. H.R. 163 was not marked mation out about mental illness. There will be ers, successful entrepreneurs, attorneys; and up or voted on by any committee here in the booths set up and mental health fairs across many more who had distinguished them- House. This bill was added to the suspension our country as a way to reach out to more selves. The banquet speaker, Roberta Wright, calendar of the House reserved for non- people. I commend the efforts of organizations symbolized their success. She finished Jeffer- controversial items. And yet it is quite con- and individuals who not only during this week son and went on to become a Phi Beta Kappa troversial. but throughout the year work to help others graduate of Fisk University and the University Mr. Speaker, the war in Iraq—combined identify and treat their mental illness. of Michigan School of Law. She made a stir- with other worldwide deployments in Afghani- Unfortunately, their hard work is somewhat ring speech, challenging everyone to do more stan, Korea, and over 140 other countries— stifled when there is not equal health care for for the common good. has put an enormous strain on our active duty mental illness or every person needing psy- With the onset of integration in the early and reserve soldiers. We have seen under- chiatric care does not have access to a psy- 1970s, Jefferson High School came to an end. paid, ill-equipped, and overextended American chiatrist of their choice. With one in four adults But the three-day reunion made clear that Jef- troops fighting in Iraq. More than two-thirds of suffering from a mental illness or substance ferson lives on in the lives it made better. New Jersey’s National Guard will be activated use disorder in any year, it is likely that every Hundreds of the alumni attending attested to this year. There are hard questions that need family will feel this impact. Yet, most health better, more productive lives because of what to be answered about how we can continue plans discriminate by providing less care for they learned at Jefferson under teachers who this war, at this pace. We do need to review mental illness, and by requiring patients and cared, encouraged, and challenged. our commitments overseas and asses our their families to pay more out-of-pocket costs. ability to meet them. This bill shows that a Na- Mr. Speaker, Congress needs to correct this f tional debate on these issues is greatly need- disparity. Our constituents should not be pe- ed. This week, we did not have that debate. nalized because they have a mental illness IN RECOGNITION OF ADMIRAL The House leaders simply tried to make a po- compared to a physical illness. We should en- THOMAS H. MOORER litical point, but I hope that this has sown the sure that the mental health system provide a seeds of the discussion. The nation’s military more individualized and holistic approach to HON. JOHN CONYERS, JR. leaders are nearly unanimous in saying that care without shame or inequity in coverage. OF MICHIGAN the military can meet its needs better without Mental illness is like most physical illnesses; IN THE HOUSE OF REPRESENTATIVES a draft. None of us here in the House today the patient is in need of treatment, support Thursday, October 7, 2004 would be eligible under a potential draft. We and rehabilitation. are too old. And I would like to see this debate f Mr. CONYERS. Mr. Speaker, on February 5 with the input of the young people who are af- of this year, a legendary American naval hero fected by it. I feel strongly that we should all JEFFERSON HIGH SCHOOL passed away in Bethesda, Maryland. Admiral go back to our districts and continue this dis- REUNION, YORK, SOUTH CAROLINA Thomas H. Moorer epitomized the finest quali- cussion—but with those who it will be affected ties of dedication and national service. His dis- by it. HON. JOHN M. SPRATT, JR. tinguished naval career spanned 41 years, in- I do not believe that an active military draft OF SOUTH CAROLINA cluding service as a naval aviator, as one of system is currently necessary or advisable. IN THE HOUSE OF REPRESENTATIVES the first pilots off the ground during the attack More important, the generals and admirals do Thursday, October 7, 2004 on Pearl Harbor, as a decorated hero of nu- not believe that a draft is necessary or advis- merous combat missions in the Southwest Pa- able. I have co-sponsored legislation intro- Mr. SPRATT. Mr. Speaker, on the weekend cific and the Battle of Midway, as Commander duced by Representative ELLEN TAUSCHER to before Labor Day, some four hundred alumni in Chief of the Pacific Fleet, as commander of meet military manpower needs by temporarily of Jefferson High School gathered for their NATO’s U.S. Atlantic Command and the U.S. increasing by 8 percent the end-strength num- first reunion since Jefferson closed more than Atlantic Fleet, becoming the only officer in the bers of our all-volunteer armed forces during thirty years ago. Navy’s history to command both our Atlantic the next five years and increasing enlistees’ Jefferson got its start in a frame school and Pacific Fleets, as Chief of Naval Oper- pay and benefits accordingly (H.R. 3696). This house built for African-American students next ations, as Chairman of the Joint Chiefs of alternative approach would increase the volun- to Wesley United Methodist Church on West Staff, and as a tireless advocate for American teer numbers of active duty-soldiers gradually Jefferson Street in York, South Carolina. From veterans. Admiral Moorer was instrumental in over the next five years, thus enabling mem- there, Jefferson graduated to a Rosenwald establishing the United States Navy Memorial bers of the National Guard and Reserve to ro- school and became the African-American pub- on Pennsylvania Avenue. In numerous ap- tate out or transition voluntarily into active duty lic school in a racially segregated system Al- pearances before Congressional Committees, slots with better benefits and equipment. though the system was called ‘‘separate but Admiral Moorer provided valuable testimony Mr. Speaker, I have heard from many moms equal,’’ Jefferson never had facilities or teach- on a variety of national security concerns. and dads, and I have heard from many stu- ing materials equal to its counterparts, the Capping this extraordinary career, Admiral dents from all across my district who are dis- white schools that I attended. Used books Moorer made his final appearance on Capitol turbed by the idea of renewing the draft and were passed on from white students, dated Hill on October 22, 2003, as Chairman of the I agree with them. We do not need to return and worn. The school district built a new high to the draft system. Independent Commission of Inquiry into the school for white students in 1950, but left 1967 attack on the USS Liberty. It is a privi- f black students to make the best of their old lege for me to introduce the Findings of the MENTAL ILLNESS AWARENESS one. The students, teachers, and administra- Independent Commission of Inquiry Into the WEEK tors at Jefferson did just that. They made the Israeli Attack on the USS Liberty into the CON- most of their circumstances. The students who GRESSIONAL RECORD. came back for this Reunion did not dwell on HON. DANNY K. DAVIS FINDINGS OF THE INDEPENDENT COMMISSION OF what they lacked at Jefferson High School. OF ILLINOIS INQUIRY INTO THE ISRAELI ATTACK ON THE They saluted teachers who took a personal in- IN THE HOUSE OF REPRESENTATIVES USS ‘‘LIBERTY,’’ THE RECALL OF MILITARY terest, believed in them, and encouraged them RESCUE SUPPORT AIRCRAFT WHILE THE SHIP Thursday, October 7, 2004 to excel. They recalled their formidable teams WAS UNDER ATTACK, AND THE SUBSEQUENT Mr. DAVIS of Illinois. Mr. Speaker, October in football and basketball and the musical tal- COVER-UPBYTHEUNITED STATES GOVERN- 3–9 is Mental Illness Awareness Week. During ent they produced. They recognized the val- MENT any one-year period, up to 50 million Ameri- ues instilled in them for a lifetime. We, the undersigned, having undertaken an cans—more than 22 percent—suffer from a When the alumni sat down for a banquet independent investigation of Israel’s attack clearly diagnosable mental disorder involving a the last night of their reunion, the pride they on the USS Liberty, including eyewitness tes- timony from surviving crewmembers, a re- degree of incapacity that interferes with em- felt at being ‘‘Jeffersonians’’ was easily felt view of naval and other official records, an ployment, attendance at school or daily life. and well-founded. Among the four hundred at- examination of official statements by the Like so many disorders, mental illness does tending the dinner, there were graduates who Israeli and American governments, a study not discriminate and affects every age, ethnic, had risen to the highest levels of the Civil of the conclusions of all previous official in- and socioeconomic group. Service and become department heads in quiries, and a consideration of important

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.156 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1887 new evidence and recent statements from in- Merlin Staring, USN (Ret.), former Judge gathered a vast amount of evidence, includ- dividuals having direct knowledge of the at- Advocate General of the Navy; and Captain ing hours of heartbreaking testimony from tack or the cover up, hereby find the fol- Ward Boston, USN, (Ret.), the chief counsel the young survivors. lowing: to the Navy’s 1967 Court of Inquiry of the The evidence was clear. Both Admiral Kidd 1. That on June 8, 1967, after eight hours of Liberty attack; and I believed with certainty that this at- aerial surveillance, Israel launched a two- 11. That the truth about Israel’s attack tack, which killed 34 American sailors and hour air and naval attack against the USS and subsequent White House cover-up con- injured 172 others, was a deliberate effort to Liberty, the world’s most sophisticated intel- tinues to be officially concealed from the sink an American ship and murder its entire ligence ship, inflicting 34 dead and 172 American people to the present day and is a crew. I am certain that the Israeli pilots wounded American servicemen (a casualty national disgrace; that undertook the attack, as well as their rate of seventy percent, in a crew of 294); 12. That a danger to our national security superiors who had ordered the attack, were 2. That the Israeli air attack lasted ap- exists whenever our elected officials are will- aware that the ship was American. proximately 25 minutes, during which time ing to subordinate American interests to I saw the flag, which had visibly identified unmarked Israeli aircraft dropped napalm those of any foreign nation, and specifically the ship as American, riddled with bullet canisters on the Liberty’s bridge, and fired are unwilling to challenge Israel’s interests holes, and heard testimony that made it 30mm cannons and rockets into our ship, when they conflict with American interests; clear that the Israelis intended there be no causing 821 holes, more than 100 of which this policy, evidenced by the failure to de- survivors. Not only did the Israelis attack were rocket-size; survivors estimate 30 or fend the USS Liberty and the subsequent offi- the ship with napalm, gunfire, and missiles, more sorties were flown over the ship by a cial cover-up of the Israeli attack, endangers Israeli torpedo boats machine-gunned three minimum of 12 attacking Israeli planes the safety of Americans and the security of lifeboats that had been launched in an at- which were jamming all five American emer- the United States. tempt by the crew to save the most seriously gency radio channels; Whereupon, we, the undersigned, in order wounded—a war crime. 3. That the torpedo boat attack involved to fulfill our duty to the brave crew of the I am outraged at the efforts of the apolo- not only the firing of torpedoes, but the ma- USS Liberty and to all Americans who are gists for Israel in this country to claim that chine-gunning of the Liberty’s firefighters asked to serve in our Armed Forces, hereby this attack was a case of ‘‘mistaken iden- and stretcher-bearers as they struggled to call upon the Department of the Navy, the tity.’’ In particular, the recent publication of save their ship and crew; the Israeli torpedo Congress of the United States and the Amer- Jay Cristol’s book, The Liberty Incident, boats later returned to machine-gun at close ican people to immediately take the fol- twists the facts and misrepresents the views range three of the Liberty’s life rafts that lowing actions: of those of us who investigated the attack. It had been lowered into the water by survivors First, That a new Court of Inquiry be con- is Cristol’s insidious attempt to whitewash to rescue the most seriously wounded; vened by the Department of the Navy, oper- the facts that has pushed me to speak out. 4. That there is compelling evidence that ating with Congressional oversight, to take I know from personal conversations I had Israel’s attack was a deliberate attempt to public testimony from surviving crew- with Admiral Kidd that President Lyndon destroy an American ship and kill her entire members; and to thoroughly investigate the Johnson and Secretary of Defense Robert crew; evidence of such intent is supported by circumstances of the attack on the USS Lib- McNamara ordered him to conclude that the statements from Secretary of State Dean erty, with full cooperation from the National attack was a case of ‘‘mistaken identity’’ de- Rusk, Undersecretary of State George Ball, Security Agency, the Central Intelligence spite overwhelming evidence to the contrary. former CIA director Richard Helms, former Agency and the military intelligence serv- Contrary to the misinformation presented by NSA directors Lieutenant General William ices, and to determine Israel’s possible mo- Cristol and others, it is important for the Odom, USA (Ret.), Admiral Bobby Ray tive in launching said attack on a U.S. naval American people to know that it is clear Inman, USN (Ret.), and Marshal Carter; vessel; that Israel is responsible for deliberately at- former NSA deputy directors Oliver Kirby Second, That every appropriate committee tacking an American ship and murdering and Major General John Morrison, USAF of the Congress of the United States inves- American sailors, whose bereaved shipmates (Ret.); and former Ambassador Dwight Por- tigate the actions of the White House and have lived with this egregious conclusion for ter, U.S. Ambassador to Lebanon in 1967; Defense Department that prevented the res- many years. 5. That in attacking the USS Liberty, Israel cue of the USS Liberty, thereafter threatened COMMONLY ASKED QUESTIONS ABOUT THE USS committed acts of murder against American her surviving officers and men if they ex- ‘‘LIBERTY’’ servicemen and an act of war against the posed the truth, and covered up the true cir- 1. What happened to the USS Liberty? The United States; cumstances of the attack from the American USS Liberty was a virtually unarmed Amer- 6. That fearing conflict with Israel, the people; and ican Navy ship that was attacked by Israeli White House deliberately prevented the U.S. Third, That the eighth day of June of every planes and torpedo boats on June 8, 1967. Navy from coming to the defense of the Lib- year be proclaimed to be hereafter known as 2. What were the American casualties? 34 erty by recalling Sixth Fleet military rescue USS Liberty Remembrance Day, in order to American sailors were killed and 172 injured support while the ship was under attack; evi- commemorate the Liberty’s heroic crew; and that day, a casualty rate of 70%. This is the dence of the recall of rescue aircraft is sup- to educate the American people of the dan- highest casualty rate ever inflicted upon a ported by statements of Captain Joe Tully, ger to our national security inherent in any U.S. naval vessel that remained afloat after Commanding Officer of the aircraft carrier passionate attachment of our elected offi- an attack. USS Saratoga, and Rear Admiral Lawrence cials for any foreign nation. Geis, the Sixth Fleet carrier division com- 3. What was Israel’s explanation for the at- AFFIDAVIT OF CAPTAIN WARD BOSTON, USN, JAG mander, at the time of the attack; never be- tack? Israel claimed the attack was ‘‘a case (RET.), SENIOR COUNSEL TO THE U.S. NAVY fore in American naval history has a rescue of mistaken identity’’; that they didn’t know COURT OF INQUIRY mission been cancelled when an American it was an American ship. ship was under attack; For more than 30 years, I have remained si- 4. Why would we question that explanation 7. That although the Liberty was saved lent on the topic of the USS Liberty. I am a more than 30 years later? The ship’s sur- from almost certain destruction through the military man and when orders come in from vivors were afraid to speak out in the early heroic efforts of the ship’s Captain, William the Secretary of Defense and President of years because of threats of ‘‘court martial, L. McGonagle (MOH), and his brave crew, the United States, I follow them. prison or worse’’ if they did not remain si- surviving crewmembers were later threat- However, recent attempts to rewrite his- lent. However, as time passed, they have ened with ‘‘court-martial, imprisonment or tory compel me to share the truth. stepped forward to say the attack was delib- worse’’ if they exposed the truth; and were In June of 1967, while serving as a Captain erate. abandoned by their own government; in the Judge Advocates General Department Recently, high government and military 8. That due to the influence of Israel’s pow- of the Navy, I was assigned as senior legal officials have suggested that not only was erful supporters in the United States, the counsel for the Navy’s Court of Inquiry into the attack deliberate, but that the US gov- White House deliberately covered up the the brutal attack on the USS Liberty, which ernment covered up the incident. Today, an facts of this attack from the American peo- had occurred on June 8th. The late Admiral Independent Commission of Inquiry has ple; Isaac C. Kidd, president of the Court, and I found that Israel committed ‘‘an act of war’’ 9. That due to continuing pressure by the were given only one week to gather evidence against the United States (see Findings of pro-Israel lobby in the United States, this for the Navy’s official investigation into the Independent Commission). attack remains the only serious naval inci- attack. Admiral John S. McCain, Jr., then In addition, the Navy’s chief attorney to dent that has never been thoroughly inves- Commander-in-chief, Naval Forces Europe the original 1967 military Court of Inquiry tigated by Congress; to this day, no sur- (CINCUSNAVEUR), at his headquarters in has issued a statement that orders to cover viving crewmember has been permitted to of- London, had charged Admiral Kidd (in a let- up the incident were issued by President ficially and publicly testify about the at- ter dated June 10, 1967) to ‘‘inquire into all Lyndon Johnson and Secretary of Defense tack; the pertinent facts and circumstances lead- Robert McNamara [see Statement of Captain 10. That there has been an official cover-up ing to and connected with the armed attack: Ward Boston, USN, JAG (Ret.)]. without precedent in American naval his- damage resulting therefrom; and deaths of 5. Did Israel have reason to believe the tory; the existence of such a cover-up is now and injuries to Naval personnel.’’ Despite the USS Liberty was an Egyptian ship? Israel supported by statements of Rear Admiral short amount of time we were given, we says its pilots and torpedo boat commanders

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.161 E11PT1 E1888 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 confused the USS Liberty with the El Quseir, fighters were launched from the aircraft car- guished naval career of Admiral Thomas H. an Egyptian ship allegedly firing upon its riers America and Saratoga while the Liberty Moorer spanned 41 years. Following his forces in the Sinai. But there was no Egyp- was under attack. However, they were quick- Graduation from the Naval Academy in 1933, tian naval bombardment that day; nor did ly recalled by the White House. This is the he became a Navy pilot, a war hero, and a the El Quseir (an unarmed 1920s-era horse only instance in American naval history ship’s captain. On December 7, 1941, as a carrier out of service in Alexandria) bear any where a rescue mission was cancelled when naval aviator, Lieutenant Moorer was one of resemblance to the Liberty. an American ship was under attack. the first pilots off the ground following the 6. Isn’t it difficult to identify a ship if 13. Why would Israel have deliberately at- attack on Pearl Harbor. A hero of the Battle you’re in an airplane? In 1967, the USS Lib- tacked an American ship? Israel’s motive for of Midway, his numerous decorations for erty was the most sophisticated intelligence launching the attack has never been deter- valor during WWII include the Silver Star ship in the world, with dozens of large anten- mined with certainty. This is why an impar- and Purple Heart. In 1957, Moorer was pro- nas, including a large moon-bounce ‘‘sat- tial investigation is critical. One hypothesis moted to the rank of Admiral. In 1965, he ellite-dish’’ mounted on a tall structure near is that Israel intended to sink the ship (with broke new ground, becoming the only Amer- the stern. It may have been one of the most no survivors) and blame Egypt because this ican admiral to have ever commanded both easily identifiable ships of any navy in the might have brought the United States into our Atlantic and Pacific Fleets. He later world. With a displacement of 10,000 tons, it the 1967 war. Another hypothesis is that the served as Chief of Naval Operations, and was four times the size of the antique Egyp- Liberty was gathering intelligence about ac- Chairman of the Joint Chiefs of Staff. The F– tian transport it is claimed to have resem- tivities that Israel did not want revealed. 14 Tomcat, the Navy’s main fighter for many bled. Freshly painted, the Liberty carried Examples might include the massacre of years, was named for Admiral Moorer. Since large white identification numbers on its Egyptian prisoners of war that was then oc- his retirement in 1974, Admiral Moorer has bow. Egyptian hull numbers are painted curring in the Sinai, as well as Israel’s im- served on the boards of many American cor- black. pending invasion of Syria. porations, and is a tireless advocate for 7. Doesn’t Israel say that the Liberty flew 14. Has the incident been investigated in American veterans. Working with Admiral no flag? According to American survivors, a the past? Some people say that there have Arleigh Burke (CNO), Admiral Moorer was 5-by-8 feet American flag was hoisted early been ‘‘thirteen official investigations’’ all instrumental in establishing the United that morning and was flying all day until it concluding the attack was a case of mis- States Navy Memorial on Pennsylvania Ave- was shot away by attacking aircraft. Within taken identity. Several were conducted by nue in Washington, D.C. He is currently several minutes, it was replaced by the giant Israel. Upon examination, however, every Chairman of the Liberty Alliance, an organi- 7-by-13 feet holiday ensign, which flew for one is based upon the conclusions of the zation dedicated to obtaining an honest in- the duration of the attack. original 1967 U.S. Navy Court of Inquiry, vestigation of Israel’s attack on the USS Lib- 8. Could Israel have thought the ship was which accepted the Israeli version, but which erty and the official cover-up that followed. in a war zone, acting suspiciously? According has been exposed and discredited by its chief General of Marines Raymond G. Davis (MOH), former Assistant Commandant of the to surviving crewmembers, Israeli reconnais- attorney as a cover-up. sance aircraft closely studied the Liberty 15. Did the surviving crewmembers testify Marine Corps—General Davis, one of Amer- ica’s most decorated heroes, passed away on over an eight-hour period prior to the at- in the other investigations? In not one of September 3, 2003. As a combat veteran of tack, one flying within two hundred feet of these ‘‘investigations’’ were any of the Lib- three wars and a dedicated member of the the ship. At all times the Liberty was a clear- erty’s surviving crewmembers permitted to Marine Corps for 34 years, General Davis re- ly marked American ship in international publicly testify. ceived the Congressional Medal of Honor— waters, proceeding at a speed of only 5 knots. 16. Why would the White House prevent the the nation’s highest award for valor—as well 9. What was the weather like the day of the rescue of an American ship? This is, perhaps, as the Navy Cross, two Distinguished Service attack? Weather reports confirm that it was the most disturbing question arising out of Medals, two Silver Stars, two Legion of a clear day with unlimited visibility. The Israel’s attack. It is why there needs to be a Merit awards, the Bronze Star, and the Pur- Israeli reconnaissance planes could have thorough investigation of the actions taken ple Heart. General Davis was renowned for seen the Liberty’s crew sunbathing on the by the White House and the Secretary of De- his exploits in the Pacific during WWII, as a upper decks just before the attack. The flag fense. Why did they order the recall of the battalion and regimental commander during was flying in a 12-knot breeze for most of the planes that had been sent to rescue the Lib- the Korean War, and as Commanding Gen- afternoon. erty? Why did they order that the survivors 10. Doesn’t Israel say they ended the at- eral of the 3rd Marine Division in Viet Nam. be silenced and the true facts be withheld tack the minute they saw someone hoist an Attaining four-star rank in 1971, Davis from the American people? American flag? The Israeli attack by com- 17. What kind of investigation are you call- served as Assistant Commandant of the bined air and naval forces spanned two ing for? We are calling for a new Court of In- Corps before retiring in 1972. A strong pro- hours—as long as the attack on Pearl Har- quiry by the Department of the Navy, with ponent of veterans’ issues, General Davis bor. The air attack alone lasted approxi- congressional oversight, to take public testi- served as chairman of the advisory board to mately 25 minutes: consisting of more than mony from surviving crewmembers and oth- the Korean War Veterans Memorial in Wash- 30 sorties by approximately 12 separate erwise thoroughly examine the cir- ington, D.C., dedicated in 1995. Prior to his planes using napalm, cannon, and rockets cumstances of the attack. death, General Davis served as Vice Chair- which left 821 holes in the ship. Following 18. Why are you calling for a naval—and man of the Liberty Alliance and was a prin- the air attack, three Israeli motor torpedo not a congressional—investigation? We be- cipal member of the Commission of Inquiry ′ ′ boats torpedoed the ship, causing a 40 x 40 lieve this would remove the inquiry from the into the cover-up of the attack on the USS wide hole in her hull, and machine-gunning political pressures traditionally exerted by Liberty. Rear Admiral Merlin Staring, former firefighters and stretcher-bearers attempting special interest groups upon individual con- Judge Advocate General of the Navy—Merlin to save their ship and crew. More than 3,000 gressional offices. Fundraising and election Staring’s distinguished naval career, which machine-gun bullet holes were later counted pressures have prevented an honest inves- spanned nearly 25 years, began as an ensign on the Liberty’s hull. After the attack was tigation from being conducted for the past 36 in December 1941. Among his numerous deco- thought to have ended, three life rafts were years. rations, Admiral Staring was awarded the lowered into the water to rescue the most se- 19. Why is this significant for the Amer- Navy Distinguished Service Medal. In June riously wounded. The Israeli torpedo boats ican people 36 years later? We have a duty to of 1967, Staring served as Staff Legal Officer returned and machine-gunned these life rafts the crew of the USS Liberty, while the sur- to Admiral John S. McCain, Jr., the Com- at close range. This was followed by the ap- vivors are still alive to testify, and while the mander-in-chief, U.S. Naval Forces Europe proach of two large Israeli Army assault hel- perpetrators can be brought to justice. Fur- (CINCUSNAVEUR) in London, which encom- icopters filled with armed commandos car- thermore, any policies that paralyze our passed the Mediterranean, and was assigned rying what appeared to be explosive satchels elected leadership to the extent they become to review the record of the Navy Court of In- (they departed after hovering over the ship unable or unwilling to protect Americans quiry’s investigation into the Israeli attack for several minutes, making no attempt to and American interests, endangers not only on the USS Liberty. Admiral Staring later communicate). the safety of all Americans but also the na- 11. Did the Liberty send out a distress sig- served as the Navy’s legal advisor to Secre- tional security of the United States. nal when it was under attack? Throughout taries of the Navy Paul R. Ignatius and John 20. Doesn’t America have a special rela- the air attack, the Liberty’s radio operators H. Chafee. Attaining the rank of Rear Admi- tionship with Israel? No nation or people found it difficult to transmit a distress sig- ral in 1972, he was appointed Judge Advocate should be above the law; nor should Amer- nal because the attacking Israeli aircraft General of the Navy—the Navy’s chief attor- ican interests be subordinated to the inter- jammed all five of the Liberty’s American, ney—a position he held through 1975. Cur- ests of any foreign nation. Those Israelis re- not Egyptian, emergency radio channels. rently, Admiral Staring is Treasurer and a sponsible for ordering the attack and the re- However, a call for help did reach the U.S. director of the Liberty Alliance. sulting murder of American sailors must be Navy command in the Mediterranean. Ambassador James Akins, former U.S. Am- held accountable for their actions. 12. What was the American response time? bassador to Saudi Arabia—James Akins Although American carrier-based air support THE INDEPENDENT COMMISSION OF INQUIRY served his country for 25 years as a distin- was only 40 minutes away, help did not reach Admiral Thomas H. Moorer, former Chair- guished member of the diplomatic corps. the USS Liberty for seventeen hours. Navy man, Joint Chiefs of Staff—The distin- From 1963–1965, he served as an attache at

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.165 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1889 the U.S. Embassy in Baghdad, and later as tinued—and steady—progress toward building First, the vote was held, and with numer- the U.S. Ambassador to Saudi Arabia during a democracy. In particular, I note the recent ous international observers. Some of these, the Nixon administration. An internation- parliamentary elections held in Kazakhstan on especially as covered in the major press, had ally respected expert on the Middle East and complaints about both voting mechanics and energy issues, Ambassador Akins has been September 19. While the elections show that the social backdrop against which the vote an active and outspoken proponent for a just Kazakhstan has work to do in order to more took place—especially including reports of resolution of the Arab-Israeli conflict. He is fully meet international standards for demo- ‘‘intimidation’’ of some voters on Election a respected and highly sought speaker and cratic elections, they were a significant im- Day, and the lack of a paper trail from vot- analyst on the Middle East peace process as provement over past elections. ing machines used by about 20 percent of the well as Arab politics in general. Author Earlier this year, I was visited by members voters. Jeans-Jacques Servan Schreiber called Am- of the Kazakhstan Embassy. Among other in- In fact, to an extent, that’s the point. bassador Akins ‘‘the westerner who knows formation I learned that Kazakhstan gained its Kazakhstan has now held a competitive elec- the most about the Middle East and has the independence in 1991. It held its first tion, with a largest number of international closest relationship of trust with its lead- observers per capita compared to (say) re- ers.’’ Ambassador Akins is a director of the multiparty election in 1994. In 1999, the repub- cent votes in Venezuela, Indonesia or the Liberty Alliance. lic conducted parliamentary elections that Philippines. Critics can point out flaws, doc- f were widely criticized by the international com- ument the ruling party’s heavy-handedness, munity. Since that time, Kazakhstan passed a and urge future improvements. PAYING TRIBUTE TO MANCEL much-improved law on elections, held twelve The most balanced report to emerge, by PAGE televised debates, conducted effective voter the Organization for Security and Coopera- education, permitted more than 1,000 election tion in Europe, generated Western headlines observers to monitor the elections, and reg- saying the election ‘‘failed the democracy HON. SCOTT McINNIS test’’ (The New York Times) and even was OF COLORADO istered 12 parties—including an opposition ‘‘fraudulent’’ (The Washington Times). But IN THE HOUSE OF REPRESENTATIVES party that had been refused registration in the report itself noted positive areas of Friday, October 8, 2004 prior elections. These are all positive steps ‘‘progress’’ as against previous Kazakh elec- forward for Kazakhstan—steps that were un- tions—the relevant unit of comparison. Mr. MCINNIS. Mr. Speaker, I rise today to thinkable in past elections. I thanked them for Professor Frederick Starr of Johns Hop- pay tribute to Mancel Page, a dedicated their visit—and assured them that as Chair- kins, who was in Kazakhstan as an observer, watchmaker from Grand Junction, Colorado. man of the Energy and Air Quality Sub- judged the voting to be fundamentally im- Mancel is retiring at the age of 81 after 40 committee, I looked forward to working out proved over recent Kazakh standards. ‘‘Over- years in the jewelry business, and I want to all . . . the election was ‘‘a step forward, not mutual energy thrusts helpful to both take this opportunity to recognize his many withstanding the imperfections,’’ he said in a Kazakhstan and the United States. years of service to his community before this statement issued in Astana on Monday. Un- Mr. Speaker, I would like to highlight to my body of Congress and this Nation. fortunately, such views were not widely Mancel came by the jewelry business natu- colleagues an essay published by United quoted in the international press. rally. His mother’s uncle was a jeweler in Ger- Press International on September 25, 2004, Second, and more important, if the results and written by Gregory Fossedal, entitled hold up, at least one opposition party will be many, and Mancel began taking apart and re- seated in the Kazakh Parliament. This is an pairing clocks when he was ten years old. His ‘‘Outside View: Big progress in Kazakhstan.’’ The essay provides a balanced assessment of important signpost in democratic develop- store, Page Parsons Jewelers, located on the ment—as the evolution of Mexico, the Phil- main street of downtown Grand Junction, was the recent Kazakh election. ippines, Pakistan, Turkey, and other coun- founded in 1895 and is one of the oldest busi- Unlike many of his colleagues, Mr. Fossedal tries shows. Looking back at countries that nesses in the city. Mancel, grew up repairing examines the elections within the context of have completed a successful democratic clocks and loving sports. He played basketball Kazakhstan’s young history. He looks at how transition, opposition seating is normally a for his school in Missouri and during the time far Kazakhstan has come since its independ- key inflection point. ence and how it compares with its neighbors. This doesn’t mean that Kazakhstan will be he served in the military during World War II. a full democracy shortly, or even in five or 10 Athletics are something outside of work that Moreover, the essay makes a compelling case that, considering Kazakhstan’s geographic and years; the government could always crack he still makes time to enjoy. down and reverse direction. It is, however, While in the military Mancel worked at a demographic position, its steady progress is forward motion. local jewelry store and then went on to college important to U.S. security. In social terms, Kazakhstan also parallels to study gemology before becoming a certified Mr. Speaker, I urge my colleagues to read some of the developments seen in Mexico or gemologist. Mancel and his wife Anna moved this essay and I would like to have the text of the Philippines in the 1980s. Income is surg- to Grand Junction in 1950 and bought the jew- this essay placed into the CONGRESSIONAL ing, the economy has grown at an 8 percent elry store in 1964. Through the decades RECORD following my statement. to 12 percent pace each of the last five years. This, in turn, is generating a middle class Mancel has enjoyed great success. Mancel is [From United Press International, Sept. 25, 2004] with greater access to information, and in- also active in Grand Junction community orga- sistence on freedom of expression. nizations such as the Downtown Development OUTSIDE VIEW: BIG PROGRESS IN KAZAKHAN Kazakhstan doesn’t enjoy much of a do- Authority, and the downtown merchant’s asso- (By Gregory Fossedal) mestic free press, for example. But foreign ciation that have been instrumental in revital- WASHINGTON, DC, Sept. 24 (UPI).—Kazakhs- newspapers and magazines are available in izing the downtown area to be more customer tan held national elections on Sunday, most cities. Mobile telephone usage has friendly. prompting comments from a number of out- more than tripled over five years. In 1997, Mr. Speaker, Mancel Page has dedicated side observers, and all the local opposition, there were as paltry 15,000 Internet users. 40 years to the jewelry business and his ef- that the vote was a step backwards for de- This rose to more than 70,000 in 2000, more mocracy. Was it that—or was it just not as than 150,000 last year, and probably exceeds forts in the Grand Junction community are much progress as democracy-lovers around 200,000 today. highly commendable. I am honored to recog- the world, including me, might hope for? That’s still small for an emerging middle- nize his many years of service before this To answer that question, we need to decide income country with 16 million people. But body of Congress and this Nation. Thank you what Kazakhstan’s admittedly sloppy de- of course, every such user has family, for all your hard work Mancel, and I wish you, mocracy today is being compared to: the friends, and business associates. In emerging your wife Anna, and your daughter Peggy all Kazakhstan of several years ago, other coun- democracies, as in Poland in the 1980s, infor- the best in your future endeavors. tries in the region 10 years ago, or Russia, mation can spread quickly. As well, China, Iraq or Florida? Kazakhstan now has a number of inde- f By most of these standards, the country pendent service providers less amenable to DEMOCRATIC PROGRESS IN seems to have made mild but steady im- direct government control. KAZAKHSTAN provement. Progress, that is to say, motion The government has tried to block access towards a goal. Furthermore, considering to critical news sources at home and abroad. Kazakhstan’s geographic and demographic Such efforts, however, are generally doomed HON. RALPH M. HALL position, it’s a steady improvement that’s to failure unless one goes all the way and im- OF TEXAS important to U.S. security and democracy in poses direct, government-controlled net ac- IN THE HOUSE OF REPRESENTATIVES general. cess only—something the government has Friday, October 8, 2004 Measuring a democracy’s progress at the stepped back from doing. low end of development is a tricky matter, Sergei Duvanov of the Institute for War Mr. HALL. Mr. Speaker, I rise today to com- but Kazakhstan’s recent vote appears to and Peace Reporting outlined how Kazakhs mend the Republic of Kazakhstan on its con- have at least two positive signposts. were able to get around many of the blocks

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.168 E11PT1 E1890 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 in an interesting 2001 report. As well, Presi- Kazakhstan is an important potential ally TRIBUTE TO STEPHEN K. GOYA ON dent Nazarbaev, stung by international criti- to the United States, Russia, and its neigh- THE OCCASION OF HIS RETIRE- cism of his efforts to regulate speech, has re- bors in the ‘‘war on terror.’’ It’s also a poten- MENT AFTER 31 YEARS OF scinded a number of the 1998–2000 decrees. tial bulwark for the faintly democratic tide This is not to say that immutable eco- SERVICE WITH THE CALIFORNIA among countries with large (about 45 per- DEPARTMENT OF CORRECTIONS nomic or social forces will bring about a full cent) Muslim populations. There is a pros- Kazakh democracy no matter what the au- pect of a ring of democracies on the borders thorities do. Countries like China, for exam- of China and Iran, the better to raise the HON. KEN CALVERT ple, have much wider Internet access and a heat on those undemocratic states. And OF CALIFORNIA larger middle class—but still no elections, large Muslim-population states—Turkey, In- IN THE HOUSE OF REPRESENTATIVES and no substantial opposition parties. In Kazakhstan, however, the Internet and donesia, the Philippines, Mongolia, and po- Friday, October 8, 2004 tentially Iraq and Afghanistan—serve as ex- other information sources act in combina- Mr. CALVERT. Mr. Speaker, I rise today to tion with independent parties, muddy elec- amples and proof that Islam need not be anti-democratic. recognize and honor Stephen K. Goya for his tions—but elections nevertheless—and what 31 years of dedicated service with the Cali- should be a parliamentary opposition. And Thus Kazakhstan is moving in a demo- the government has moved gradually (tortu- fornia Department of Corrections, Parole and cratic direction—too slowly, but not going Community Services. Mr. Goya is an example ously gradually; perhaps) towards more free- the wrong way. The right response for dom; not less, since the country achieved friends of democracy is to offer encourage- of the hard work and a commitment to excel- independence in 1991. ment. If matters reverse, it’s time for some lence shown by California’s Corrections Offi- The election itself raised several problems. mild sticks. Working slowly by contrast, cers. He will be honored by the Department of For example, a Monday item in The New should bring soft applause and some small Corrections on October 29, 2004 in the city of York Times, ‘‘Intimidation Alleged in Vote carrots. Brea, California. in Kazakhstan,’’ starts with a quote harshly Stephen K. Goya began his career as a Pa- condemning the elections from Dos Kushyn, who is described as ‘‘the director of the Net- f role Agent I with the Department of Correc- work of Independent Monitors,’’ which tions, Parole and Community Services Division placed 2,000 observers around the country. HONORING CHIEF RICHARD on October 10, 1977. Prior to that, he worked This caught the attention of at least one STEINEL, JR. as a Probation Officer for the Orange County seasoned Kazakh observer who sent me a Probation Department. He was promoted to number of pre-election clips referring to ap- Parole Agent II/Supervisor in January 1983. proximately 1,000 accredited election observ- HON. ROBERT MENENDEZ He then further advanced his career with the ers in the country—total, from all outside Department of Corrections as a Parole Agent groups. How could one fellow, running an or- OF NEW JERSEY ganization never mentioned before, have III Unit Supervisor in October 1985 and in 2,000 observers? IN THE HOUSE OF REPRESENTATIVES 1987, he was promoted to Parole Adminis- It turns out that Dos Kushyn is an opposi- trator I. In December 1992, Mr. Goya was tion figure and whatever 2,000 ‘‘observers’’ he Friday, October 8, 2004 once again promoted to Parole Administrator II fielded, few were accredited. This doesn’t Mr. MENENDEZ. Mr. Speaker, I rise today Level. In that classification, Mr. Goya func- mean their opinions should be dismissed. But tioned as the Operations Manager for the Pa- to honor Chief Richard Steinel, Jr., for more neither should his complaints be taken at role Division in Sacramento as well as the face value, still less as coming from a wholly than 30 years of outstanding public service on Deputy Regional Administrator in Region IV disinterested group. the police force. He is being honored today, Headquarters. Mr. Goya’s current classification Most Western press quoted only Kazakh of- October 8, 2004, at a retirement party in ficials defending the election or putting it in is that of Regional Parole Administrator over context. In other words, they presented criti- Union City, New Jersey. Region IV. Mr. Goya was promoted to Re- cism from independent sources, and praise Chief Steinel began his career in 1974 as a gional Parole Administrator CEA III Level on only from the government, whose motives patrolman in the Union City Police Department January 20, 1998. Region IV is comprised of are likely to be questioned by any skeptical where he worked with the Safe and Clean five different counties (Orange, San Diego, Im- reader. What they didn’t do was refer to the perial, San Bernardino, Riverside), 51 field numerous independent observers, some cited Neighborhood Program. He later spent time above, who said that on balance, the election working for the Port Authority of New York and units, 21 office locations and over 742 parole didn’t meet Western standards—but was an New Jersey before returning to Union City and staff. improvement. advancing through the ranks of Sergeant, We rely upon our Corrections, Parole and The government also used voting ma- Lieutenant, and, in 1992, Captain of Police. Community Services Officers to keep our com- chines, which are, indeed, a problem—espe- After years of quality service as a Captain, he munity safe and monitor those who are mak- cially given that the computers Kazakhstan ing their way back into society. Stephen K. deployed, like some of those coming into use was promoted to Deputy Chief of Police, a po- sition he held for the rest of his time on the Goya has worked tirelessly for over three dec- in a number of U.S. states, left no ‘‘paper ades to lead these Officers in their mission. trail.’’ This is not a best practice. One can force. His efforts have improved life in Southern Cali- sympathize, however, with the government’s Earning the respect and admiration of his decision to go with expensive, high-tech sys- fornia. Stephen K. Goya has earned my many tems from the West, thinking this would buy colleagues for his reputation for fairness, Chief thanks and I wish him great success in all his some credibility. Steinel was especially successful in matters future endeavors. The United States—which in contrast to concerning domestic violence enforcement f Kazakhstan is allowing a total of 20 (that’s and education. In addition to his police serv- right, 20) independent observers for its 2004 ice, he was a guest lecturer at universities and SALUTING THE SAN FERNANDO vote—should be a little reticent about rais- was a member of the State Attorney General’s VALLEY SUN ing this complaint. Still less should U.S. policy aim at pun- Criminal Justice Training Staff. An accom- ishing the country with economic aid re- plished law enforcement officer, Chief Steinel HON. HOWARD L. BERMAN straints and sanctions, as some in Congress was the first person from Union City to attend OF CALIFORNIA have proposed. the FBI National Academy in 40 years. IN THE HOUSE OF REPRESENTATIVES Unlike other countries in what one ob- Friday, October 8, 2004 server has called ‘‘the scud belt,’’ Continuing a long-standing family tradition of Kazakhstan doesn’t need piles of aid (Tur- police work, Chief Steinel joined his great- Mr. BERMAN. Mr. Speaker, I rise to ask my key, Afghanistan, Iraq) to hold votes or stay grandfather, grandfather, father (Captain Rich- colleagues to join me in saluting the San Fer- on the democratic path. It hasn’t built or ard J. Steinel, Sr.), and uncle in their proud nando Valley (SFV) Sun, an important local tried to build nuclear weapons (Pakistan, service to the community. newspaper in my congressional district. India, China). It seems, knock on wood, to be On October 25, 2004, the Sun will celebrate moving the right way—as opposed to Iran, Today, I ask my colleagues to join me in its 100th anniversary. The Press—precursor to Saudi Arabia, and others. honoring Chief Richard Steinel, Jr., for his the Sun—was the San Fernando Valley’s first This is said not to criticize the other coun- years of dedicated public service. His strong tries mentioned, but to point out that the newspaper and is the oldest continually pub- Kazakhs are building democracy quietly and leadership and commitment to improving law lished newspaper in the Valley. Throughout its by tugging their own bootstraps, and with- enforcement and safety has benefited the lives history, the publishers have been committed to out evident imperial ambitions or terrorist- of the police force and the citizens of New Jer- serving the local needs of its readers and ad- nationalist resentments. sey. vertisers.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.172 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1891 Since 1904, the Sun changed names sev- volunteer service through the Salvation Army. Jamestown, Virginia, and 55 years before the eral times and altered its size and publishing Ms. DeMichael was the recipient of the first- Pilgrims landed on Plymouth Rock in Massa- schedule, but it has always been located in ever Salvation Army and Dallas Cowboys Na- chusetts. the City of San Fernando, the birthplace of the tional Youth Service Award presented on Sep- As a child, I remember learning of Ponce de Valley. Also, it has always remained dedicated tember 21, 2004 at a ceremony in Wash- Leon’s fascinating voyage and Florida explo- to informed, thoughtful and fair coverage of ington, D.C. Additionally, for her benevolent rations. To this day, this remarkable moment the issues most relevant to the lives of the services, Ms. DeMichael received a $10,000 in history inspires children across our great residents of the northeast SFV. As the popu- scholarship for her college education donated Nation. Our young people continue to learn of lation of the San Fernando Valley grew—and by Dallas Cowboys Owner and General Man- Ponce de Leon’s epic voyages and his quest more of its readers were Spanish-speaking, ager, Jerry Jones. The service provided by for the ever-elusive Fountain of Youth. the newspaper began to publish a Spanish Ms. DeMichael over the past 6 years that she Spanish heritage is still reflected in local ar- language insert, named El Sol. has been volunteering has been immeas- chitecture and historic resources and attrac- During the last century, the Sun has been urable. tions in the center of the old part of the city. an integral part of the history of the San Fer- I would like to share one example of Ms. For instance, the Castillo de San Marcos Na- nando Valley. In 1911, it actively advocated DeMichael’s hard work and dedication. In tional Monument, constructed between 1672 for San Fernando city-hood. Irrespective of the 2001 Ms. DeMichael created a computer data- and 1695, represents the oldest remaining Eu- various owners, the Sun has continued the base called ‘‘The Clearing House’’. The Clear- ropean fortification in the continental United high journalism standards and moral philos- ing House helps to keep track of assistance States. It is prominently located on the ophy set forth by the original owner, Herbert given to needy families in Licking County, Matanzas River directly across the road from W. Brooks. Since 2001, the new owners— Ohio during the holidays so that social service the Spanish Quarter of St. Augustine. Severyn and Martha Diaz Aszkenazy—have agencies may distribute their aid proportion- Mr. Speaker, I appreciate the consideration maintained these exemplary standards. They ately. Ms. DeMichael continues to serve the given to this legislation and this important part wisely brought in Diana Martinez (formally with Licking County Salvation Army while attending of the United States history. All Americans KFWB and LA Media) to direct the editorial nearby Otterbein College, and still dedicates should enjoy the celebration of this historical content. The staff won the ‘‘Best Investigative extra hours during the holiday season. moment. News’’ Award from New California Media in Once again, I would like to congratulate Ms. 2003 and recognition of its news service to the DeMichael for her service through the Salva- f tion Army. Hard work, dedication, and commit- community from the University of Southern PAYING TRIBUTE TO REBECCA FRANK California in 2004. ment like that exhibited by Ms. DeMichael Mr. Speaker and distinguished colleagues, continues to give me faith that our country’s please join me today in paying tribute to ev- future is in good hands. HON. SCOTT McINNIS eryone associated with the San Fernando Sun f OF COLORADO on this important anniversary. We wish own- ers, management and staff of the newspaper INTRODUCTION OF THE PONCE DE IN THE HOUSE OF REPRESENTATIVES 100 more years of success. LEON DISCOVERY OF FLORIDA Friday, October 8, 2004 QUINCENTENNIAL COMMISSION f ACT Mr. MCINNIS. Mr. Speaker, it is with great RECOGNIZING TAIWAN’S NATIONAL pride that I rise today to pay tribute to Re- DAY HON. ANDER CRENSHAW becca Frank from Grand Junction, Colorado. Rebecca has dedicated her career to rep- OF FLORIDA resenting and informing the people of her IN THE HOUSE OF REPRESENTATIVES HON. HILDA L. SOLIS county and the State of Colorado in her ca- OF CALIFORNIA Friday, October 8, 2004 pacity with the Grand Junction Sentinel and IN THE HOUSE OF REPRESENTATIVES Mr. CRENSHAW. Mr. Speaker, I rise today the Colorado Division of Wildlife. I would like Friday, October 8, 2004 to introduce legislation to establish a commis- to join my colleagues here today in recog- Ms. SOLIS. Mr. Speaker, I rise today to sion to plan the quincentenary commemora- nizing her tremendous service and achieve- honor 23 million Taiwanese on their 93rd Na- tion of the discovery and colonization of Flor- ments before this body of Congress and this tional ‘‘Double-Tenth’’ Day, which will take ida. Nation. place on October 10, 2004. In 2013, our Nation will celebrate the 500th Rebecca Frank served as the News Editor On October 10, 1911, the Republican Revo- anniversary of Juan Ponce de Leon’s landing for the Grand Junction Sentinel where she has lution broke out and brought the end of Chi- on the east coast of Florida. As important an always performed her job with excellence and na’s Qing dynasty. Ninety-three years later event as this is to America’s history and herit- integrity, keeping the people of Grand Junction Taiwan continues to prosper. It is the 15th age, I believe it is appropriate we commemo- well informed of community, state, and world largest economy in the world and has the 4th rate this occasion. Such an event will serve to events. In 1985, she decided to expand her in- largest information hardware and semicon- inform, educate, and remind the people of terests and left the paper to join the Colorado ductor industries in the world. Florida, this Nation, and even the world of the Division of Wildlife Commission in 1985. Cur- This year Taiwan proudly rebounded from importance and significance of Ponce de rently she represents the Northwest District an election-eve shooting incident that resulted Leon’s discovery and exploration. Colorado where she served as Chairwoman in in a post-election dispute ongoing for several Accordingly, the bill I introduce today estab- 1987 and 1988. In addition to her duties, at months. But, as the strong democracy it is, lishes a commission composed of twelve the Division of Wildlife Commission, Rebecca Taiwan resolved the situation in a peaceful members to plan, coordinate, and conduct the has given several hours of her time to Grand manner and domestic stability remains. commemoration of the historic discovery of Junction’s business community. She has Today I congratulate Taiwan and commend Florida. served as a member of the Mesa County Eco- the Taiwanese for their commitment and dedi- Mr. Speaker, Florida’s proud history begins nomic Development Council, the Grand Junc- cation to the universal principles of human with an explorer sailing through the Bahamas tion Planning Commission and both the Grand freedom and dignity. in 1513. As if touched by the hand of God, Junction and Mesa County Riverfront Commis- f three ships commanded by Ponce de Leon sions. She also served on the board the were swept westward by winds and currents Grand Junction United Way and currently vol- HONORING MISTY DEMICHAEL through the New Providence Channel and into unteers with Catholic Charities. the Florida Current. Historians believe Ponce Mr. Speaker, it is a privilege to recognize HON. PATRICK J. TIBERI de Leon landed at what is the present location Rebecca Frank for her exceptional service to OF OHIO of the city of St. Augustine. the people of Grand Junction and Colorado. IN THE HOUSE OF REPRESENTATIVES Ponce de Leon’s landing is significant to na- She has dedicated her life to bettering her tional and world history because it began what community, and it is with great pleasure that Friday, October 8, 2004 would become the establishment of the oldest I recognize her today before this body of Con- Mr. TIBERI. Mr. Speaker, I rise today to permanent European settlement on the North gress and this Nation. Thanks for your service, honor Misty DeMichael of Newark, Ohio and American continent. St. Augustine was found- Rebecca, and I wish you all the best in your commemorate her assistance and outstanding ed 42 years before the English colony at future endeavors.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.176 E11PT1 E1892 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 RECOGNIZING SHERMAN INDEPENDENT lice special. Three years later, he was sworn Californians can make that dream a reality. SCHOOL DISTRICT’S READING RECOV- in as an official police officer. As an officer, he His passion and service for homeownership ERY PROGRAM worked in a variety of areas, including traffic, has improved Riverside and all of Southern crime prevention, community policing, and pa- California. Wes Keusder has earned my many HON. RALPH M. HALL trol. His tireless work and solid leadership thanks and I wish him great success in all his OF TEXAS skills earned him the rank of Lieutenant, also future endeavors. serving for a short time as the unit’s com- IN THE HOUSE OF REPRESENTATIVES f mander and as a supervisor. He became one Friday, October 8, 2004 of the first Hispanic police sergeants in Union PENSION FAIRNESS ACT OF 2004 Mr. HALL. Mr. Speaker, I am honored today City and was the first Puerto Rican Lieutenant to recognize Sherman Independent School on the force. HON. GEORGE MILLER District’s Reading Recovery program Known for his attendance of community OF CALIFORNIA In 2001, President George W. Bush signed events, Lieutenant Reinhardt made great ef- IN THE HOUSE OF REPRESENTATIVES a landmark law, the No Child Left Behind Act, forts to reach out to the citizens of Union City, Friday, October 8, 2004 which stresses academic achievement for all particularly the Hispanic community. His pas- students and includes more accountability for sion and hard work have been acknowledged Mr. GEORGE MILLER of California. Mr. student results. The Sherman Independent by numerous groups, including the American Speaker, today I have introduced the Pension School District’s Reading Recovery program Federation of Police, the American Law En- Fairness Act to bring some equity to bear be- meets and exceeds the standards and guide- forcement Officers Association, the Hispanic tween corporate executives and rank-and-file lines of that law. Reading Recovery is a highly Law Enforcement Officers Association of Hud- workers when those executives seek to dump effective, short-term intervention involving one- son County, the Union City Police Department, underfunded workers’ pension plans onto the on-one tutoring for low-achieving first graders. and the American Police Hall of Fame. Federal Government or cut older workers’ Students receive a half-hour lesson each Today, I ask my colleagues to join me in pensions through an unfair cash balance plan school day for 12 to 20 weeks with a specially honoring Lieutenant Charles Reinhardt for al- conversion. trained Reading Recovery teacher. As soon as most three decades of selfless service to Far too often, we hear of cases where ex- students demonstrate that they can read with- Union City and its residents. The passion and ecutives demand concessions from their work- in the average range of their classmates, their commitment he demonstrated throughout his ers when the business struggles and, at the lessons are discontinued. career and for his community made him an same time, sweeten their own pension and Sherman’s Reading Recovery program is a important member of the police force. deferred compensation deals. It’s past time that executives understand that the pension big success. At the Reading Recovery site lo- f cated at Crutchfield Elementary School, stu- promises made to their workers are sacred. dents who completed the program passed the TRIBUTE TO WES KEUSDER ON It’s past time that executives understand that TAKS (Texas Assessment of Knowledge and THE OCCASION OF HIS RETIRE- a breach of those promises carries con- Skills) test by a rate of 92 percent last year. MENT AS PRESIDENT OF THE sequences. Employees cannot be asked to The gains made by these students are truly BUILDING INDUSTRY ASSOCIA- absorb the full brunt of bankruptcy by having impressive—they had higher text reading TION OF SOUTHERN CALIFORNIA their pension plans terminated and dropped on gains than their peers, had low levels of place- the Federal Government. Executives should ment in special education classes, and had HON. KEN CALVERT share in that pain. When companies terminate their under- high levels of advancement to the next grade OF CALIFORNIA funded pension plans, the federally estab- level. IN THE HOUSE OF REPRESENTATIVES lished Pension Benefit Guaranty Corporation Reading Recovery is precisely the kind of Friday, October 8, 2004 program our schools need to advance the (PBGC) takes over those liabilities. Today, the goals of the No Child Left Behind law. Re- Mr. CALVERT. Mr. Speaker, I rise today to PBGC suffers from a $10 billion deficit. Al- search issued by the U.S. Department of Edu- pay tribute to Wes Keusder, who has been a ready in bankruptcy, United Airlines, which re- cation finds that students tutored according to dedicated, strong and effective voice for the cently defied the law and stopped making le- the Reading Recovery model read more pro- principles and ideals of California’s building gally-required contributions to its pension ficiently than 75 percent of their untutored community during his years as a member and plans, would add $6.4 billion to the PBGC’s peers. This program is a valuable part of a leader of the Building Industry Association of obligations if the company terminates its comprehensive literacy plan and supplements Southern California (BIA/SC). Riverside Coun- plans. United’s workers and retirees would good classroom teaching. ty and all of southern California has been for- lose $1.9 billion in earned pension benefits. On behalf of the students, teachers, and ad- tunate to have dynamic and dedicated com- US Airways has asked a bankruptcy court for ministrators of the Sherman Independent munity leaders who willingly and unselfishly permission to skip a $110 million contribution School District’s Reading Recovery program, I give their time and talent and make their com- to its pension plans, due last month. Plan ter- want to take this opportunity in the House of munities a better place to live and work. Wes minations at these companies would pose se- Representatives to commend their successful is one of these individuals. On November 5, rious threats not just to the retirement security efforts to leave no child behind. 2004, Wes will be honored by BIA at their of their employees but to the retirement secu- 38th Annual Awards and Installation Dinner. rity of other airlines’ employees and to the on- f Wes Keusder is a third generation home going solvency of the PBGC. When executives HONORING LIEUTENANT CHARLES builder in California and has worked for over are faced with the choice between terminating REINHARDT twenty years to make homeownership a reality or saving company pension plans they also for thousands of California’s families. Wes fol- should have a stake in that choice. HON. ROBERT MENENDEZ lowed in the footsteps of his father, Walter In recent years, we have seen companies OF NEW JERSEY Keusder Jr., and grandfather, Walter Keusder, break their pension promises by converting IN THE HOUSE OF REPRESENTATIVES by serving as President of BIA/SC as well as their traditional pension plans into cash bal- participating in the California Building Industry ance plans. Many of these conversions do Friday, October 8, 2004 Association and the National Association of wonders for a company’s books—to the great Mr. MENENDEZ. Mr. Speaker, I rise today Home Builders. Wes has demonstrated exem- delight of executives and directors—but end to honor Lieutenant Charles Reinhardt for his plary leadership and service to the building in- up cutting older workers’ pension benefits. years of dedicated service and unwavering dustry by serving as the President of the BIA Many of these conversions have given work- commitment to the police force and the people Riverside County Chapter in 2001 and 2002. ers no choice between the cash balance and of Union City. He is being honored today, Oc- Additionally, Wes served as a Director of the traditional pension plans. Just last year, a tober 8, 2004, at a retirement party in Union Building Industry Legal Defense Fund, whose court found that the cash balance conversion City, New Jersey. mission is to defend the rights of home and at IBM, which all employees were forced to From an early age, Lieutenant Reinhardt property owners. take, would result in a 47 percent reduction in took an interest in military and police work. At Homeownership is an American dream, and older workers’ pensions. The Government Ac- the age of 18, he became one of the youngest housing is a community asset which strength- countability Office found similar losses of up to officers in the history of the Union City Police ens the fabric of neighborhoods. Wes has 50 percent of older workers’ promised pen- Department when he joined the force as a po- worked tirelessly to ensure that thousands of sions.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.181 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1893 Under the Pension Fairness Act, if a com- merce to promote and support Palestinian to serving his county and the people of Colo- pany terminates an underfunded workers’ pen- economic development. rado as City Manager for Delta. I am honored sion plan or converts a workers’ pension plan Mr. Speaker, please join me in honoring Dr. to bring his hard work and commitment to the into a cash balance plan that cuts older work- James Zogby for numerous accomplishments attention of this body of Congress and this na- ers’ benefits or takes away their choice to stay and advocacy efforts for peace. tion today. Thank you for all your service Rich, in their original plan, the company’s executives f and I wish you all the best in your future en- and directors may not enhance their own de- deavors. CELEBRATING THE GROUND- ferred compensation deals for the next 5 BREAKING OF THE GREAT f years. If any new deals for executives or di- LAKES NATIONAL CEMETERY rectors are cut the year prior to an under- RECOGNIZING OLYMPIAD PAUL funded plan termination or a conversion that FOERSTER hurts older workers, payments to executives or HON. MIKE ROGERS directors under those new deals are also sus- OF MICHIGAN HON. RALPH M. HALL pended for 5 years. It’s very simple: If the IN THE HOUSE OF REPRESENTATIVES OF TEXAS business or the pension plan is in such dire Friday, October 8, 2004 IN THE HOUSE OF REPRESENTATIVES straits that a termination or conversion is nec- Mr. ROGERS of Michigan. Mr. Speaker, I Friday, October 8, 2004 essary, then executives and directors should rise today to recognize the groundbreaking of Mr. HALL. Mr. Speaker, today I am honored not be showering themselves with new and the Great Lakes National Cemetery in Holly, to recognize Paul Foerster, resident of improved benefits. Michigan. The Great Lakes National Cemetery Rockwall, Texas and recipient of a gold medal This bill is about fairness and common will serve as Michigan’s second national cem- in the Games of the XXVIIIth Olympiad in Ath- sense. It places the retirement security of etery and serve the needs of the nearly ens, Greece. workers and executives on more equal footing. 460,000 veterans living within 75 miles of And it sends a rightly discouraging message On August 21, 2004, Paul Foerster, and his Oakland County, Michigan. teammate, Kevin Burnham, won the men’s to those executives who would seek to cut In 1987, the Detroit region was one of ten team gold medal for the United States in the and run from their pension promises, leaving areas identified by the Veterans Administration 2004 Olympic Regatta for sailing in the 470 the federal government to pick up the tab. as having a large veteran population not Class. f served by either a national or state veterans Mr. Speaker, on behalf of the entire 4th Dis- cemetery within a reasonable distance. The IN HONOR OF DR. JAMES ZOGBY trict of Texas, I would like to take this oppor- new 544 acre Great Lakes National Cemetery tunity to commend and congratulate Paul for will meet the needs of Michigan’s finest men his outstanding performance and representa- HON. DENNIS J. KUCINICH and women for the next fifty years. OF OHIO Mr. Speaker, every American that wears the tion of the United States in the Games of the IN THE HOUSE OF REPRESENTATIVES uniform deserves a final resting place that XXVIIIth Olympiad. Friday, October 8, 2004 honors and remembers their service to Amer- f Mr. KUCINICH. Mr. Speaker, I rise today in ica. However, the families of these veterans HONORING INSPECTOR CLAUDIO honor of Dr. James Zogby, husband of Eileen should not be required to travel great dis- GONZA´ LEZ Patricia McMahon, father of five children, and tances to pay their respect to their loved ones. founder and president of the Arab American I ask my colleagues to join me in recognizing HON. ROBERT MENENDEZ Institute (AAI). Under his leadership and vi- the service the Great Lakes National Ceme- tery will bring to the Veterans and their fami- OF NEW JERSEY sion, the Arab American Institute has advo- IN THE HOUSE OF REPRESENTATIVES cated for the Arab community in a number of lies in Southeast Michigan. areas impacting public policy. Where the Arab f Friday, October 8, 2004 American Institute has been instrumental in PAYING TRIBUTE TO RICH Mr. MENENDEZ. Mr. Speaker, I rise today empowering Arab Americans through edu- ENGLEHART to honor Inspector Claudio Gonza´lez for his cation, voter registration, and mobilization, remarkable work with the Union City police James Zogby has led the way. HON. SCOTT McINNIS force throughout his 27-year career. He is Dr. Zogby earned his doctorate from Temple being honored today, October 8, 2004, at a re- OF COLORADO University’s Department of Religion after re- tirement party in Union City, New Jersey. IN THE HOUSE OF REPRESENTATIVES ceiving his Bachelor of Arts from Le Moyne After emigrating from Cuba in 1962 and at- College. In 1976, Dr. Zogby was chosen as a Friday, October 8, 2004 tending school in Jersey City, Inspector Humanities Post-Doctorate Fellow at Princeton Mr. MCINNIS. Mr. Speaker, I would like to Gonza´lez began his career as a patrolman for University and, on various occasions, has take this opportunity to pay tribute to Rich the Union City Police Department. Since that been awarded grants for research and writing Englehart and thank him for his exceptional time, he has held an extensive array of posi- by the National Endowment for the Human- contributions to his community and the State tions within the police force, including working ities, the National Defense Education Act, and of Colorado as Delta City Manager. He will al- as a member of the Office of Professional the Mellon Foundation. Dr. Zogby was a co- ways be remembered as a dedicated public Standards and becoming the first Hispanic founder and chairman of the Palestine Human servant and leader of his community. As Rich Lieutenant of Police, Captain of Police, Com- Rights Campaign in the late 1970’s, and he celebrates his retirement, let it be known that mander of the Investigations Division, and In- later co-founded and served as the Executive he leaves behind a terrific legacy of commit- spector of Police, which made him the high- Director of the American-Arab Anti-Discrimina- ment to the people of Delta and the State of est-ranking Hispanic officer in the State of tion Committee. In 1982, he co-founded Save Colorado. New Jersey. Inspector Gonza´lez was known Lebanon, Inc., a non-profit, relief organization For nearly twenty years Rich has played an for being a fair, savvy, street-smart officer who funding Lebanese social welfare projects and important role in municipal government. As accelerated in all of his assigned divisions, re- health care for Palestinian and Lebanese vic- City Manager, Rich is responsible for imple- lying on his impressive martial arts training as tims of war. menting the policy and procedure that the City well as quick thinking to handle difficult situa- Following the 1993 signing of the Israeli-Pal- Council makes. He also advises the City tions. estinian peace accord in Washington, Dr. Council on all matters relating to the planning, When he was not working to secure the Zogby led Builders for Peace, a private sector development and operating status of the city safety of Union City, Inspector Gonza´lez de- committee promoting U.S. business invest- departments. His good nature and guidance veloped and taught anti-drug programs at local ment in the West Bank and Gaza. Along with have done much to help grow the city, and schools. He received a proclamation from the former U.S. Congressman Mel Levine, his col- foster good working relationships between New Jersey State Legislature for his efforts, league and co-president of Builders for Peace, civic, business, and municipal leaders. An avid which preceded the establishment of D.A.R.E. Dr. Zogby led a U.S. delegation to the 1994 outdoorsman, Rich participates in a variety of programs. Additionally, he has taught classes signing of the Israeli-Palestinian agreement in sports, including playing baseball for the Mesa to narcotic agents and members of the Detec- Cairo. After 1994, Dr. Zogby continued to work State Mavericks. tives’ Bureau. with U.S. agencies including AID, OPIC, Mr. Speaker, it is clear that Rich Englehart Today, I ask my colleagues to join me in USTDA, and Departments of State and Com- has ceaselessly dedicated his time and efforts honoring Inspector Claudio Gonza´lez for his

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.185 E11PT1 E1894 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 leadership and extensive work with the Union ECONOMISTS ENDORSE INCREAS- that modest increases in the minimum wage City Police Department. His courage, contribu- ING THE MINIMUM WAGE TO $7.00 have had very little or no effect on employ- tions to the force, and strong commitment are ment.’’ While controversy about the precise employment effects of the minimum wage an inspiration to the community. HON. GEORGE MILLER continues, research has shown that most of OF CALIFORNIA the beneficiaries are adults, most are female, f IN THE HOUSE OF REPRESENTATIVES and the vast majority are members of low-in- TRIBUTE TO GENERAL ATOMICS come working families. Friday, October 8, 2004 As economists who are concerned about Mr. GEORGE MILLER of California. Mr. the problems facing low-wage workers, we HON. KEN CALVERT Speaker, increasing the minimum wage is a believe the Fair Minimum Wage Act of 2004’s OF CALIFORNIA vital issue for working families across the proposed phased-in increase in the federal minimum wage to $7.00 falls well within the IN THE HOUSE OF REPRESENTATIVES country. The minimum wage has not been in- range of options where the benefits to the Friday, October 8, 2004 creased in 7 years. The value of the last min- labor market, workers, and the overall econ- imum wage increase has been fully eroded. Mr. CALVERT. Mr. Speaker, I rise today to omy would be positive. Today, the minimum wage is worth less than Twelve states and the District of Columbia recognize and honor General Atomics, an or- it has been in 46 out of the previous 48 years. have set their minimum wages above the fed- ganization that has been a catalyst for improv- As a percentage of the hourly wage of non- eral level. Additional states, including Flor- ing science and technology education for thou- supervisory employees, the minimum wage is ida, Nevada, and New York, are considering sands of students year after year. General similar measures. As with a federal increase, at its lowest level in 55 years. This decline is Atomics, located in San Diego, California, modest increases in state minimum wages in causing serious hardships for low-income fam- began in 1955 for the purpose of harnessing the range of $1.00 to $2.00 can significantly ilies. the power of nuclear technologies to benefit improve the lives of low-income workers and To address this problem, I introduced H.R. mankind. General Atomics’ basic research into their families, without the adverse effects 4256, the ‘‘Fair Minimum Wage Act of 2004,’’ that critics have claimed. fission and fusion has matured into many which increases the minimum in three steps technologies, making them one of the world’s f from its current level of $5.15 to $7.00. Ninety- leading resources for high-technology systems four of my colleagues have joined me in spon- IN HONOR OF HISPANIC HERITAGE development ranging from the nuclear fuel soring this legislation. On Wednesday, more MONTH cycle to remotely operated surveillance air- than 562 prominent economists—including 4 craft, airborne sensors, and advanced electric, Nobel Prize winners in economics and 7 past HON. DENNIS J. KUCINICH electronic, wireless, and laser technologies. presidents of the American Economic Associa- OF OHIO While General Atomics has been pushing tion—are joining us in endorsing an increase IN THE HOUSE OF REPRESENTATIVES the boundaries of technology for almost 50 in the Federal minimum wage to $7.00. Friday, October 8, 2004 years, they have also heavily supported edu- In their endorsement, these economists say, cational programs in their own community and ‘‘We believe that a modest increase in the Mr. KUCINICH. Mr. Speaker, I rise in honor beyond. As part of their commitment to edu- minimum wage would improve the well-being of Hispanic Heritage Month—a celebration of cation, General Atomics provided technical of low-wage workers and would not have the Americans of Hispanic heritage and their sig- and administrative guidance to the newly- adverse effects that critics have claimed.’’ nificant, collective and individual contributions formed Science and Technology Education They go on to state: to our community and to our nation. Partnership (STEP), which was created in my As economists who are concerned about Hosting one of the events this year is the congressional district five years ago to inspire the problems facing low-wage workers, we Cleveland Public Library. The Cleveland Pub- students to pursue an education in science believe the Fair Minimum Wage Act of 2004’s lic Library and regional branches continue and technology fields. Beyond their five years proposed phased-in increase in the federal their commitment to promoting our diverse of participation in STEP, General Atomics has minimum wage to $7.00 falls well within the community, richly infused with Hispanic culture played an active role in bringing science and range of options where the benefits to the and language. As part of the Library’s 2004 technology directly to Riverside County stu- labor market, workers, and the overall econ- Strategic Plan, new and permanent resources dents and those from surrounding areas omy would be positive. of Spanish Language collections are now un- through their participation in each of the pre- Below is a copy of the economists’ state- derway, along with the implementation of a vious annual STEP Conferences that have ment. A complete list of the cosigners can be Spanish language Web site. been held in Riverside, California. They sup- found on the Economic Policy Institute’s WEB Hispanic Heritage Month is reflective of the port the STEP Teacher Program by presenting site at: http://www.epinet.org/content.cfm/ 500-year history of Hispanic culture and con- tutorial workshops each year for elementary minwagestmt2004. tributions to America. Hispanic Americans and middle school math and science teachers. IT’S TIME FOR A RAISE—HUNDREDS OF ECONO- have contributed immeasurably to all areas of In addition, they have become an integral and MISTS SUPPORT A MINIMUM WAGE INCREASE our culture—from medicine, law, and busi- featured part of the STEP Student Program, The minimum wage has been an important ness, to education, music and the fine arts. which is attended by over 4,000 students plus part of our nation’s economy for 65 years. It Hispanic Americans in our community and in more than 400 teachers and parents each is based on the principle of valuing work by communities across the country are life-saving year. Their exhibit booth in the ‘‘Discovery establishing an hourly wage floor beneath doctors and nurses, veterans, inspiring profes- Zone’’ provides students with a hands-on in- which employers cannot pay their workers. In so doing, the minimum wage helps to sors, dedicated teachers, committed elected troduction to plasma, electricity, thermal en- equalize the imbalance in bargaining power officials, fair-minded judges, and hardworking ergy, and more. Technical personnel from that low-wage workers face in the labor mar- factory employees. Americans of Hispanic her- General Atomics are on hand to explain to the ket. The minimum wage is also an important itage bring energy, innovation, and a real students how the technologies work and how tool in fighting poverty. sense of social justice to America, while re- they are used in government and commercial The value of the 1997 increase in the fed- taining the cultural traditions of their homeland applications. In the ‘‘Oh! Zone,’’ students par- eral minimum wage has been fully eroded. for all citizens to enjoy. ticipate in an interactive Science Show with The real value of today’s federal minimum Mr. Speaker, please join me in honor and Rick Lee and Alex Nagy, two General Atomics wage is less than it has been in 46 out of the celebration of Hispanic Heritage Month, and last 48 years. Moreover, the ratio of the min- scientists. The Science Show involves live imum wage to the average hourly wage of join me in expressing my gratitude for the out- demonstrations, often using student volun- non-supervisory workers is 33%, its lowest standing contributions made by Hispanic teers, of different technologies and scientific level in 55 years. This decline is causing Americans. Their journey to America, fraught principles in order to show students that hardship for low-wage workers and their with significant obstacles and strife, paved the science can be interesting, useful, and fun. families. way for a better life for their children and fu- General Atomics is a valued member of the We believe that a modest increase in the ture generations, and signifies what it means technical community and a true partner in edu- minimum wage would improve the well- to be an American. Within our diversity we find being of low-wage workers and would not cation. Their generous efforts have helped have the adverse effects that critics have strength. Within our traditions we find unity. make science and technology interesting and claimed. In particular, we share the view the And because of their journey, and the journey accessible to thousands of students within the Council of Economic Advisers expressed in of people from all points of the world, we are Inland Empire, throughout Southern California, the 1999 Economic Report of the President stronger as a community, more unified as a and beyond. that ‘‘the weight of the evidence suggests Nation, and better as people.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.190 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1895 RECOGNIZING TRW AUTOMOTIVE many years, his dedication to his community leagues pay tribute to Magee Rieter, its Presi- IN FOWLERVILLE, MI, FOR and journalistic integrity has made the Grand dent and Chief Executive Officer Mike EARNING INDUSTRY WEEK’S TEN Junction Sentinel a thriving and influential Katerman and to all the employees for winning BEST PLANTS AWARD news source. It is with great pleasure that I this international recognition. recognize him today before this body of Con- Not only is this the 12th straight award for HON. MIKE ROGERS gress and this Nation. Thanks for your service, Magee Rieter and its employees, they now OF MICHIGAN Gary, and I wish you all the best in your future have the distinction of being the only company IN THE HOUSE OF REPRESENTATIVES endeavors. in all of North America to earn the honor for so many consecutive years. Each year, fewer Friday, October 8, 2004 f than 100 companies out of 30,000 win this Mr. ROGERS of Michigan. Mr. Speaker, I RECOGNIZING PRESIDENT CHEN distinction. Additionally, only one other com- rise today to recognize the outstanding work OF TAIWAN pany in the world can match this incredible ethic of some of Michigan’s finest workers at record of quality. the TRW Automotive plant in Fowlerville, HON. RALPH M. HALL As Mr. Katerman puts it, Magee Rieter man- Michigan. On September 15, 2004, TRW OF TEXAS ufactures the highest quality fabricated floor Automotive announced that its Kelsey-Hayes IN THE HOUSE OF REPRESENTATIVES carpet and acoustical systems. General Mo- Company automotive braking facility in Friday, October 8, 2004 tors is their largest customer. Fowlerville, Michigan, earned a place on In- Mr. Speaker, it is a privilege and honor to dustry Week’s prestigious list of ‘‘10 Best Mr. HALL. Mr. Speaker, in honor of Tai- represent a company that has been inter- Plants’’ in North America for 2004. wan’s National Day on October 10, 2004, I nationally recognized for its commitment to Industry Week awards its 10 Best Plants wish to salute President Chen Shui-bian and quality, service, technology and value. It is award to facilities that have made credible the Taiwanese people for their many eco- equally rewarding to represent employees who changes in the way they run their operations, nomic and political accomplishments. are acclaimed for their hard work and inge- aligning production processes with customer Even though Taiwan is a small island nation nuity. needs and harnessing people’s desire to make with few natural resources, it has prospered. With one of the world’s largest foreign ex- things better. The Fowlerville TRW is well de- f serving of this distinction, the plant boasts a change reserves, Taiwan’s 23 million people 100% on-time delivery performance to 15 as- enjoy one of the highest standards of living in HONORING PATRICA G. CLOTH- sembly locations, less than five days’ on-hand the world. President Chen believes that every IER’S DEDICATION TO THE FED- inventory levels, and a defect rate of just three citizen of Taiwan ought to enjoy the right to ERAL BUREAU OF INVESTIGA- parts per million, down from 64 ppm in 2000. work, the right to freedom of thought, con- TION Mr. Speaker, I ask my colleagues to join me science and religion, the right to an education, in recognizing the workers at TRW Automotive the right to medical care, the right to partici- HON. ADAM B. SCHIFF for their strong commitment to quality manu- pate in elections, and the right to social secu- OF CALIFORNIA facturing. American automotive workers are rity in the event of unemployment, illness and the best trained, most highly skilled workers in disability. IN THE HOUSE OF REPRESENTATIVES the world. Industry Week’s profile of these fine In his May 20 inaugural address to his peo- Friday, October 8, 2004 manufacturers is a testament to their aptitude ple, President Chen expressed his hope that Mr. SCHIFF. Mr. Speaker, I rise today to and steadfast commitment to quality. Taiwan-China ties could be strengthened and congratulate Patricia Clothier for more than f urged cooperation in building a dynamic ‘‘peace and stability framework’’ for cross-strait twenty three years of dedicated service to the PAYING TRIBUTE TO GARY interaction. I hope that talks will resume to- Federal Bureau of Investigation. HARMON ward that end. Patricia Clothier was sworn into the FBI on Even though Taiwan and the United States April 6, 1981. Since then, she has worked HON. SCOTT McINNIS do not have formal diplomatic ties, our two from the Phoenix, Charleston, South Carolina, and Los Angeles Divisions throughout her ca- OF COLORADO peoples are very close. In terms of trading re- reer with the Bureau in addition to traveling to IN THE HOUSE OF REPRESENTATIVES lations with us, Taiwan is our eighth largest trading partner, thus providing many jobs for several countries to conduct field work. Begin- Friday, October 8, 2004 our manufacturers. In addition, more than ning as an agent working against organized Mr. MCINNIS. Mr. Speaker, I rise today to 30,000 Taiwan students study at U.S. colleges crime, Clothier worked on anti-narcotic and pay tribute to Gary Harmon from Grand Junc- and universities. The United States is the anti-corruption cases, including specific cases tion, Colorado. Gary is a journalist with the number one destination for most of Taiwan against the Mexican Mafia and Hell’s Angels. Grand Junction Daily Sentinel, and has served travelers. The U.S. and Taiwan share many Becoming the first female bomb technician the paper, city and state with distinction. I values in common, such as attachment to only seven years after she became an agent, know Gary well, and he is a man of the ut- freedom, democracy, and human rights. Clothier was deployed to many sites to work most integrity. I would like to join my col- As Taiwan celebrates National Day, I ask on high-profile cases, including the terrorist leagues here today in recognizing his dedica- my colleagues to join me in recognizing Tai- bombings at the U.S. Embassies in Tanzania tion and leadership before this body of Con- wan’s many accomplishments and offering our and Kenya and the Oklahoma City Federal gress and this Nation. support to President Chen as he provides Building bombing. Gary attended Casper College and Cali- leadership, vision, and direction for Taiwan. Clothier traveled to Montana to collect infor- fornia State University in Long Beach where f mation from the cabin for the case against he studied journalism. He went on to work at Ted Kaczynski, known as the Unabomber. Ms. three different newspapers before moving to CONGRATULATING MAGEE RIETER Clothier retired earlier this fall as a supervisor Grand Junction in 1987 to join the staff at the ON WINNING GENERAL MOTORS in charge of the Counter Terrorism Squad and Grand Junction Daily Sentinel. Gary is a hard- AWARD FOR 12TH CONSECUTIVE the Joint Terrorism Task Force. Her fellow working journalist who won nationally pres- YEAR agents looked to her as a supervisor who tigious John Hancock Award for Business and brought an ultimate sense of loyalty to the FBI Financial Reporting in 1989 for an eight part HON. PAUL E. KANJORSKI in addition to someone who always stood series on workers’ compensation. He has also OF PENNSYLVANIA strong for her beliefs while also being there to won several news writing and column-writing IN THE HOUSE OF REPRESENTATIVES coach newer agents. Clothier remained a field awards from several Colorado and California agent even as a veteran to the Bureau, which press associations and the Colorado Associ- Friday, October 8, 2004 only bolstered her credibility among the law ated Press Editors and Reporters. Gary is the Mr. KANJORSKI. Mr. Speaker, I rise today enforcement community and colleagues. father of two sons, whom he is actively in- to recognize Magee Rieter Automotive Sys- I ask all members of Congress to join me volved in teaching to play basketball. tems of Bloomsburg, Pennsylvania for winning today in congratulating Patricia Clothier for her Mr. Speaker, it is a privilege to recognize the ‘‘Supplier of the Year’’ award for quality exemplary professional and public service ca- Gary Harmon for his exceptional service to the and service for the 12th consecutive year from reer, and for her immense dedication to the people of Grand Junction and Colorado. For General Motors Corporation. I ask that my col- community and the nation.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.195 E11PT1 E1896 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 HONORING BELVA DAVIS them. On behalf of the Ninth Congressional RECOGNIZING THE 65TH ANNIVER- District, I salute and congratulate her not only SARY OF THE HISPANIC DIVI- HON. BARBARA LEE for her courage as a journalist, but also for the SION OF THE LIBRARY OF CON- OF CALIFORNIA invaluable contribution she has made to the GRESS IN THE HOUSE OF REPRESENTATIVES Bay Area, the State of California, our entire ´ Friday, October 8, 2004 country, and the world. HON. JOSE E. SERRANO OF NEW YORK Ms. LEE. Mr. Speaker, I rise today to honor f IN THE HOUSE OF REPRESENTATIVES the legendary career and historic achieve- ments of distinguished journalist Belva Davis. HONORING JENNIE CHIN HANSEN Friday, October 8, 2004 On October 12, 2004, Belva will be honored Mr. SERRANO. Mr. Speaker, October 12, by the International Women’s Media Founda- 2004, marks the 65th anniversary of the His- tion in Washington, D.C., where she will re- HON. NANCY PELOSI panic Division of the Library of Congress. ceive the Lifetime Achievement Award at the Since 1939, the Hispanic Division has been OF CALIFORNIA Foundation’s 2004 Courage in Journalism systematically collecting and acquiring Luso- Awards. IN THE HOUSE OF REPRESENTATIVES Hispanic materials. Today, with more than 11 Belva began her career in journalism as a million items, it has one of the most extensive Friday, October 8, 2004 freelance writer for Jet Magazine in the 1950s. collections in the world on the history and cul- She soon began working as a reporter for var- Ms. PELOSI. Mr. Speaker, it gives me great ture of Latin America, Iberia, and the Carib- ious African-American owned newspapers pride to salute Jennie Chin Hansen for her vi- bean. such as the Bay Area Independent and the sion, leadership, and extraordinary service to Specialists in the Hispanic Reading Room San Francisco Sun-Reporter, where she San Francisco’s seniors as she prepares to help patrons from all over the United States, worked as the women’s editor. After moving step down as Executive Director of On Lok and indeed the world, find books and other on to broadcasting jobs at Bay Area radio sta- Senior Health Services. She has had a mag- materials from the Library’s collections. The tions such as KSAN and KDIA, her major ca- nificent career and will continue to make in- website (www.loc.gov/rr/hispanic/) for the His- reer breakthrough took place in 1966, when valuable contributions to our City and our na- panic Reading Room is tri-lingual, in English, she was hired as a news anchor for KPIX in tion. Spanish, and Portuguese. This website is a San Francisco. This was an historic achieve- wonderful resource for young students seeking Jennie joined On Lok Senior Health Serv- ment not only because she was the first fe- to learn more about Hispanic culture, providing ices as a research assistant in 1980. At that male African-American television reporter on everything from manuscripts to films. the West Coast, but also because in that ca- time, On Lok was a modest initiative in San The Hispanic Division also compiles a num- pacity, she hosted and helped to create All Francisco’s Chinatown that offered a day ber of widely used books and reference tools. Together Now, one of the country’s first health program to 100 homebound seniors. The pioneering work, Hispanic Americans in primetime public affairs programs to focus on Under her leadership, On Lok was trans- Congress, 1822–1995, chronicles the distin- ethnic communities. She later moved on to formed into a national model for an alternative guished personal histories of Hispanic mem- work in public television for KQED, where she to nursing homes for the growing population of bers of Congress through the years. I am stayed from 1977 until 1981, during which frail and elderly Americans. On Lok has dem- proud to have contributed to the book’s com- time she hosted A Closer Look and Evening onstrated how vital it is for the elderly to con- pilation and publishing as the Chairman of the Edition. Belva then took a job with KRON, tinue living independently in their homes, near Congressional Hispanic Caucus during the where she worked as an anchor and urban af- their friends and families, and in their commu- 103rd Congress. fairs specialist until becoming a KRON special nities for as long as possible. The Hispanic Division has also taken a projects reporter in 1999. Jennie transformed On Lok into a non-profit huge step towards cataloguing academic lit- Throughout the three decades Belva has family of organizations. On Lok now provides erature dealing with Latin American issues spent covering politics and community affairs a spectrum of services including comprehen- through the annual, annotated bibliography en- in the Bay Area, she has received numerous sive medical care, prescription drug assist- titled the Handbook of Latin American Studies, awards for her outstanding contributions to the ance, bilingual case management, home- published by the University of Texas Press. All field of journalism. In addition to winning six cooked meals, and opportunities to socialize. volumes of this publication are available online regional Emmy Awards, she has received two On Lok provides transportation to seven at Hispanic Reading Room website, and they honorary doctoral degrees, as well the North- neighborhood centers in San Francisco. In its receive more than 100,000 hits per month. In ern California Chapter of the National Acad- 25 years, 20,000 seniors have benefited from addition, the Division has been recording our emy of Television Arts and Sciences’ highest their programs. Three million meals have been great works of Hispanic literature for the Ar- lifetime achievement award, the Governor’s prepared and served. A quarter million classes chive of Hispanic Literature on Tape. More Award, in 1996. Belva has also received life- on subjects including aerobics, dance, paint- than 670 Latin American and Hispanic authors time achievement awards from the National ing, and citizenship as well as group outings have been recorded so far, including Luis Association of Black Journalists and the have met the physical and social needs of the Rafael Sa´nchez, Rosario Ferre´, Rene´ Peralta Community College District, as well as elderly. Marque´s, Ana Castillo, and Rudolfo Anaya. the Golden Gadfly Award from the Media Alli- Jennie Chin Hansen led the effort to de- Numerous other projects also chronicle the ance. In addition, her documentary, ‘‘Yankee velop a national initiative called PACE, Pro- history of Hispanics in America. A project initi- Come Back,’’ won a prestigious National Tele- gram for All-inclusive Care for the Elderly, for ated by Dr. James Billington, the Librarian of vision Award, and she is currently one of only which On Lok served as the prototype. In Congress, illustrates the presence of Spain in 500 journalists to be profiled in the national 1997, President Bill Clinton signed legislation North America from the 1500s to 1821. This NEWSEUM. Furthermore, Belva is widely rec- making Medicare and Medicaid money avail- project, ‘‘The United States, Spain and the ognized not only as a labor activist and sup- able for PACE Programs. They are now oper- American Frontier: Historias Paralelas’’ is de- porter of African-American culture and history, ating in 30 states nationwide. signed specifically for school children, college but has also played a pivotal role as a jour- age students and scholars to help them better nalist in communicating information regarding A visionary and a fierce advocate, Jennie navigate the Hispanic Division’s rare books, Cuba’s culture, politics, and relationship with has greatly influenced how our nation has manuscripts and maps. the United States to the American public. come to regard care for the elderly. She has Mr. Speaker, the Hispanic Division of the Li- On this very special occasion, I would like to shown us the richness of caring for our sen- brary of Congress is a wonderful resource that commend Belva’s exceptional achievements iors. answers Hispanic-Americans’ questions about not only in the field of journalism, but also for We wish her well as she continues her work their personal histories and helps them find in- her tireless work as an advocate for social jus- educating nurses at San Francisco State Uni- formation about current issues facing His- tice and public awareness regarding issues versity, Canada College, and the UCSF Cen- panic-Americans today. For students and aca- that, before her time, had long been ignored ter for the Health Professions. The nursing demics, the Hispanic Division provides valu- by most media outlets. Throughout her career, field with its acute shortages is blessed to now able insight into the creativity and values of Belva has repeatedly demonstrated her un- have her focus, her talent, and her wisdom. Hispanics in Latin America, Iberia, and the wavering commitment to the people of the Bay Her magic will accompany her wherever she Caribbean. The Hispanic Division serves as a Area and the issues that are most important to goes. bridge from the past to the present, helping

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.200 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1897 Hispanic-Americans to understand where they PAYING TRIBUTE TO MR. JIM ple and has customers in all 50 states as well came from, and where they can expect to go RABY as 40 countries around the world. in the years to come. Of all Jim’s achievements, he is most proud of his family—wife Ellen, son David, daughter- I ask that my colleagues join me in cele- HON. ROBERT B. ADERHOLT in-law Sheila, and beautiful granddaughter brating the good work that the Hispanic Divi- OF ALABAMA IN THE HOUSE OF REPRESENTATIVES Ashley. He is also proud of the many friends sion has done over the past 65 years, and in and admirers that he has come to know over Friday, October 8, 2004 wishing them continued success in the years the years. to come. Mr. ADERHOLT. Mr. Speaker, today I would Mr. Speaker, it is a great privilege to honor like to honor Jim D. Raby who is celebrating Jim D. Raby for his many accomplishments f his 70th birthday. Jim is a man who embodies and his enduring impact on his country, com- the American principles of hard work, dedica- munity and family. Jim has been and con- RECOGNITION OF GEORGE A. tion to one’s family, and service to one’s coun- tinues to be an inspiring role model for all of HUSSEY, JR. try and I am honored to stand before this body us, and I wish him the best of wishes on the of Congress and this Nation to recognize this occasion of his 70th birthday. wonderful man and his many accomplish- f HON. FRANK PALLONE, JR. ments. Jim was born on August 10, 1934 in the PAYING TRIBUTE TO BOB OF NEW JERSEY town of Jeff, Alabama. He grew up as a SILBERNAGEL IN THE HOUSE OF REPRESENTATIVES sharecropper in north Alabama, growing pri- marily cotton. He graduated from Monrovia Friday, October 8, 2004 HON. SCOTT McINNIS High School in 1952 and briefly attended An- OF COLORADO Mr. PALLONE. Mr. Speaker, I rise today to drew Jackson Business School in Nashville, IN THE HOUSE OF REPRESENTATIVES commend an exemplary individual who has Tennessee. In 1954, Jim joined the U.S. Navy and served his country honorably as a Seabee Friday, October 8, 2004 made a tremendous impact on his community and as a Communications Technician. Mr. MCINNIS. Mr. Speaker, I rise today to and continues to work tirelessly towards var- Following his discharge from the service, pay tribute to Bob Silbernagel from Grand ious worthy causes. George A. Hussey, Jr., a Jim began work in Huntsville, Alabama for the Junction, Colorado. Bob is the Editorial Page native of Long Branch, New Jersey, began his Army Ballistics Missile Agency (ABMA) as an Editor for the Grand Junction Daily Sentinel, career at Monmouth Medical Center and was electronic technician. There he had the distinc- and has served the paper, city and state with eventually hired by the City of Long Branch. tion of working with the former German Rocket distinction. I know Bob well, and he is a man While employed at the Department of Public Team, including Dr. Werner Von Braun, during of the utmost integrity. I would like to join my Works, George worked as the Anti-Litter Offi- the infancy of the U.S. Space Program. In colleagues here today in recognizing his dedi- cer, and grant coordinator for the Clean Com- 1960, ABMA was transformed into the Na- cation and commitment to his community and munities Program. His efforts and commitment tional Aeronautics and Space Administration the field of journalism before this body of Con- earned him special recognition by the Depart- (NASA) and Jim joined the new agency as a gress and this Nation. ment of Environmental Protection for having Charter Member. He worked on almost every Bob studied journalism at the University of the best program in the state of New Jersey. phase of the Pegasus, Mercury, Gemini, Apol- Wisconsin, and went on to work for a number lo, and Skylab programs. of weekly newspapers before moving on to the Shortly after this distinction, Mr. Hussey’s re- Jim’s contributions included development of Glenwood Post Independent. In 1980, he sponsibilities were expanded to include Munic- specifications and standards for electronic joined the staff at the Grand Junction Daily ipal Recycling Coordinator. manufacturing, specifically soldering and crimp Sentinel. Bob has been closely involved in In addition to his work towards cleaner com- terminations as well as cable and harnesses. writing and publication of the Colorado River- munities, Mr. Hussey routinely serves as a He installed many of these cables and har- front Commission’s People, Parks and Trails: volunteer, lending his time putting up holiday nesses in the original Mercury capsule. Jim A guide and history for the Colorado Riverfront lighting and coordinating beach clean-ups. For then established schools for each of these Trail in Mesa County. several years now, Mr. Hussey has been subjects and performed lead activities in the Mr. Speaker, it is a privilege to recognize fabrication of electronics for the Saturn and working in the Fire Prevention and Code En- Bob Silbernagel for his exceptional service to Apollo programs. Jim moved to various con- the people of Grand Junction and Colorado. forcement Department for the City of Long tractor facilities (as a NASA employee) For many years, his dedication to his commu- Branch, and at the age of 39, he became a throughout the United States to provide NASA nity and journalistic integrity has made the volunteer firefighter, receiving the Raul Award guidance on manufacturing methods and tech- Grand Junction Sentinel a thriving and influen- for being Rookie of the Year. In 2003, he was niques as well as providing Quality Assurance tial news source. It is with great pleasure that the proud recipient of the Firefighter of the functions. He had the last word on flight readi- I recognize him today before this body of Con- Year Award from the VFW Post 2140 in Long ness of electronic and electrical installations gress and this Nation. Thanks for your service, Branch. and in troubleshooting these systems when Bob, and I wish you all the best in your future Joining the Long Branch Elks Lodge, No. problems arose. The Moon landing during the endeavors. 742, at the suggestion of co-worker and friend summer of 1969 was the climax of this great f era in Jim’s life. Jack Filter, who happened to be the Past Ex- Jim left NASA in 1975 to work for the U.S. RECOGNIZING RALPH MAYRELL alted Ruler for the chapter, Mr. Hussey carried Navy at China Lake, California. While at China on a family tradition, by becoming a 3rd gen- Lake, Jim developed the Soldering Standard- HON. RALPH M. HALL eration Elk—following in the footsteps of his ization Program which standardized require- OF TEXAS father and grandfather. As an officer in the ments DoD-wide and the Solder Training and IN THE HOUSE OF REPRESENTATIVES Elks, Inner Guard, Mr. Hussey became active Certification Program. He also started the in the Handicapped Children’s Committee— Electronic Manufacturing and Production Facil- Friday, October 8, 2004 just as his father had been. In this capacity, ity (EMPF). Mr. HALL. Mr. Speaker, today I am honored he successfully raised money for Camp In 1984, Jim left the Navy to start Soldering to recognize Ralph Mayrell for his achieve- Moore, a camp for handicapped children. Technology International, a family business in ment at the 2003 Veterans Day Program in which he is still active. Soldering Technology Wills Point, TX. Ralph’s speech, Diversity in Over the years, Mr. Hussey has selflessly International (STI) helps customers build more America, won the essay contest sponsored by volunteered his time and talent to the commu- reliable electronic hardware. Under Jim’s guid- local veterans at Wills Point High School. nity and the city of Long Branch. I congratu- ance, the company has twice been selected to Ralph Mayrell, a senior at Wills Point High late him on assuming the highest office in the INC Magazine’s INC 500 list of fastest growing School, is an active member of both his lodge, Exalted Ruler for the fraternal year private companies. STI was also selected as school and his community. He is a frequent 2003–2004. I have full confidence that he will Huntsville/Madison County’s Small Business of participant in academic events, such as the excel in this capacity, and contribute signifi- the Year in the business services category for University Interscholastic League, in which he cantly to all the wonderful efforts of the Lodge. the year 2000. STI currently employs 45 peo- often serves as both coach and competitor in

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.202 E11PT1 E1898 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 numerous events. He also competes in the cause the number of families there had grown moved the historic bronze church bell which National Forensics League and the North so rapidly. had been cast in 1914 from the steeple and Texas Debate Association. Additionally, Ralph Parishioners began a fundraising drive for a placed it on permanent display in the Church volunteers his time to the National Honor Soci- new church in 1897. They raised $400, and it yard. A bronze plaque marks the site. ety, an organization that stresses academic is believed that this was the start of the annual Pope John Paul II has given St. Mary’s Par- achievement and local community involve- Church picnic, which has since become a pop- ish a special Apostolic Blessing on the occa- ment, and extracurricular programs such as ular and beloved tradition. sion of its 100th Anniversary. The Library of Science Geek Week, an academic summer The parish sought to purchase land for their Congress has also recognized the occasion camp for local youth. fundraiser. The coal company sold parish- with a congratulatory letter. Mr. Speaker, I would like to take this oppor- ioners a piece of land for $1 because it want- Mr. Speaker, I ask that my distinguished tunity to commend and congratulate Ralph for ed to keep the cheap labor pool content. The colleagues in the House of Representatives his achievement at the 2003 Veterans Day men of the parish leveled the land, cleared join me in paying tribute to St. Mary’s Parish Program and for his continued academic and boulders, and dug a well. The park was in Mocanaqua. I am honored to represent a community involvement. named Sobieski Park and was formally dedi- parish with such long-standing roots in North- f cated in 1933. eastern Pennsylvania. Several years ago, the Library of Congress CONGRATULATING ST. MARY’S, asked Members of Congress to submit nomi- f OUR LADY OF PERPETUAL HELP nations for the Local Legacies Project of the CHURCH IN MOCANAQUA ON ITS American Folklife Center. The Library asked TRIBUTE TO ZONTA INTER- 100TH ANNIVERSARY for documentation of at least one significant NATIONAL, PASADENA CHAPTER cultural event or tradition that is important to HON. PAUL E. KANJORSKI each district or state, and I was more than OF PENNSYLVANIA happy to nominate St. Mary’s Annual Home- HON. ADAM B. SCHIFF IN THE HOUSE OF REPRESENTATIVES coming Picnic. St. Mary’s annual picnic is a OF CALIFORNIA celebration of ethnic heritage and diversity in Friday, October 8, 2004 IN THE HOUSE OF REPRESENTATIVES Northeastern Pennsylvania. Mr. KANJORSKI. Mr. Speaker, I rise today Father Stanislaus Siedlicki of Glen Lyon Friday, October 8, 2004 to call the attention of my esteemed col- succeeded Monsignor Zychowicz, who was Mr. SCHIFF. Mr. Speaker, I rise today to leagues in the House of Representatives to St. made pastor of Sacred Hearts of Jesus and honor Zonta Club of Pasadena and the Mary’s, Our Lady of Perpetual Help Church in Mary Church in Scranton. Construction of a women who have shaped the club into the in- Mocanaqua, Pennsylvania. new church building began in 1904. The fluential force that it is today in the greater The church building itself is a landmark in church was located near Mocanaqua’s current Pasadena area. Northeastern Pennsylvania with a gleaming underpass and near the railroad. Zonta International was established in 1919 gold and white steeple, partially encircled by In a tragic accident several years later, the in New York. Members were among the first 85-year-old pine trees. Travelers see the gold church burned to the ground when a spark generation of college-educated women, the cross and towering pine trees as they cross from a passing locomotive ignited the wooden first generation of North American women to the Susquehanna River on Route 11. But structure on fire. However, the parishioners vote, and a part of the growing legion of more importantly, St. Mary’s Parish has a rich were not deterred. They again raised money women entering the workforce. Currently, history. for a new church, which was dedicated in there are more than 33,000 members of Zonta St. Mary’s, also known as Our Lady of Per- 1914 at its present site, safely out of reach Clubs in 67 countries. Their efforts are di- petual Help, has roots that date back to the from the railroad. rected at increasing women’s access to edu- late 19th Century when 10 Polish and three The Rev. Andrew Smeltz took over minis- cation and healthcare, preventing violence Slovak mining families petitioned the local coal tering to St. Mary’s, which was still a Mission against women, and expanding economic self- company for a place to worship. Church, in 1908. In 1910, the members of the sufficiency, as well as international service The coal company gave them an old, aban- Mission felt that they deserved a full-time pas- projects dedicated to world peace. doned schoolhouse, which became the public tor. Bishop Michael Hoban appointed the Founded in 1929, Zonta Club of Pasadena place of worship in Mocanaqua. parish’s first resident pastor, the Rev. Felix envisioned a strong network that would help I would like to recognize the contributions of Nowak, on Dec. 10, 1910. the 10 founders of St. Mary’s Parish: John During this time, coal miners were fighting women reach their rightful place in the profes- Bizup, Joseph Bolinski, Joseph Fraj, Charles for better wages. Many of them had left their sional world. Addressing the needs of women Kadtke, Frank Kadtke, John Kadtke, John wives and children in Europe while they came and children in our community, Zonta Club of Kollar, John Kowalski, John Strzelczak and to America to earn the sufficient money to Pasadena contributes volunteer time and fi- Joseph Wywiorski. bring their families to Mocanaqua. nancial support to Women at Work, Wellness I would also like to call the attention of my The miners threatened the West End Coal Community-Foothills, Huntington Memorial colleagues to a parishioner named Mrs. Mary Company that they would quit and return to Hospital, Young & Healthy, Union Station Kowalski Stapinski, the only immediate de- Europe if their wages were not raised. Not Foundation, Day One, the Pasadena Unified scendant of one of the Parish’s founders. Mrs. only were their wages raised, but they also School District, and numerous other organiza- Stapinski is 97 years old now and the oldest successfully negotiated for the coal company tions. living member of the Parish. to arrange passage for their families to come In recognition of their seventy-fifth anniver- Father J. Signorski celebrated the first Mass to America. sary, Zonta Club of Pasadena will honor 20 in the improvised chapel in 1885. Father The provision of land for a cemetery was women who have contributed significantly to Signorski traveled from Sacred Hearts of also provided in the negotiations. The first pa- the work of Zonta. These outstanding women Jesus and Mary in Scranton to perform the rishioner to be laid to rest in the cemetery was are civic, educational, political and business Mass. Basil Petrow, who lost his life at the age of 30 leaders in the community, who have also pro- In 1887, Bishop William O’Hara ordered the while working in the coal mines. vided strong leadership within the Zonta orga- parish to become a mission church of St. At this time I would like to pay tribute to 10 nization. The honorees are: Andrea Beal, Su- Stanislaus Parish in Nanticoke. Father heroic servicemen from St. Mary’s Parish who zanne Burger, Beth Calleton, Priscilla Gamb, Beneventus Gramlewicz ministered to the spir- lost their lives during World War II and the Ko- Shirley Gold, Lucy Guernsey, Ann Hight, Sue itual needs of the people of Mocanaqua, trav- rean War: Michael Giunta, Edward Miele, Regenia Moses, Katie Nack, Marilynn eling from St. Stanislaus in Nanticoke each Kadlubowski, Joseph Kalinowski, Edward Penny, Betty-Jean Prosser, Anne Pursel, Pat month. Matak, Chester Okoneski, John Orzechowski, Reynolds-Christianson, Lacreta Scott, Patricia In 1890, the Church was made a mission of Vincent Yamilkoski, Michael Yaszczemski, Vick, Mildred Wardlow, Marge Wyatt, Harriet St. Adalbert’s in Glen Lyon, and its pastor, John Zak, Stanley Zakrzewski. Zimney, and Carol Zoeller. Monsignor Andrew Zychowicz, traveled to By 1954—the year of the church’s Golden It is my distinct honor to ask all Members of Mocanaqua once each month to celebrate Jubilee—the St. Mary’s Parish had grown to Congress to join me today in congratulating Mass at St. Mary’s. As the years went on, include more than 400 families. Zonta Club of Pasadena’s seventy-five years Monsignor Zychowicz and his parishioners In 1976, to show their patriotism during our of service and support to women and children saw the need for a larger place of worship be- nation’s bicentennial, the parishioners re- in the 29th Congressional District.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.207 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1899 HONORING CHARLES EDWARD HONORING LINDA WHITE-EPPS by continuing her work. I am proud to join her JOHNSON, SR. FOR HER LIFETIME OF OUT- mother, Phyllis White; her children, Dawn and STANDING SERVICE George; her grandchildren, Dominique and HON. BARBARA LEE Donvan; family, friends, and colleagues in OF CALIFORNIA HON. ROSA L. DeLAURO honoring Linda White-Epps for her outstanding IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT service and invaluable contributions to our Friday, October 8, 2004 IN THE HOUSE OF REPRESENTATIVES community. Linda’s legacy will continue to in- spire and support those most in need. Friday, October 8, 2004 Ms. LEE. Mr. Speaker, I rise today to honor f the life and achievements of an extraordinary Ms. DELAURO. Mr. Speaker, it is with a man, Charles ‘‘Chuck’’ Johnson of Oakland, heavy heart and great admiration that I rise HONORING JOHN BURTON California. Chuck was a prominent figure in today to pay tribute to an exceptional woman the communications industry for over 40 whose endless energy and dedication touched HON. NANCY PELOSI years, and worked tirelessly in that capacity the lives of all who knew her and many who OF CALIFORNIA not only to promote equality and social justice, did not. It has been one year since Linda IN THE HOUSE OF REPRESENTATIVES but to keep print and broadcast media afford- White-Epps was taken from her family, friends, Friday, October 8, 2004 able and accessible to all. Chuck passed and community after a long and courageous away on July 27, 2004 after succumbing to battle with breast cancer. A tireless advocate Ms. PELOSI. Mr. Speaker, with great re- cancer, and is survived by his son, Charles and inspiring soul, Linda’s message of spect, admiration, and affection, I am honored Johnson, Jr. strength and support continues through the or- to salute John Burton for 40 years of fighting Chuck was born in Tulsa, Oklahoma on Oc- ganization she founded, Sister’s Journey. for human rights and social justice for the tober 21, 1938. After growing up in Missouri, After losing an aunt as well as another sig- American people. John has been my mentor, he began his career in radio in 1956. He later nificant person in her life to cancer and being my ally, and my dear friend for many years joined the Air Force, and following his service diagnosed with breast cancer herself, Linda and throughout my time in Congress. Although time, returned to working full time in the enter- made it her life’s purpose to ensure that no term limits have now led John to continue his tainment industry, where he would become the woman be ‘‘alone’’ in the battle with breast fight in new arenas, his leadership as Presi- first African American to reach several techno- cancer. Linda always held a strong belief in dent pro tempore of the California State Sen- logical and professional milestones. In 1959, the importance of sharing her story with oth- ate will long be recognized as a powerful force Chuck created the first Black teen dance ers—to hide it was to allow the disease to win. in the fight against poverty and in the fight for show, and in the early 1960s, became the first She began Sister’s Journey, a support group fairness for all. African American not only to host a #1 nightly for women of color surviving breast cancer. The Burton name has occupied a revered Top 40 radio show, but also to buy and sell She went on to create an annual calendar with place in California politics for decades, and FM radio stations. In 1966, he began pro- each month highlighting the story of a sur- John has served with great integrity in the ducing the nationally syndicated SoulTime vivor. The calender serves a tangible and visi- Congress and in the California State Legisla- USA, and would move on to establish the first ble source of encouragement—sending a ture. The vast landscape of John Burton’s Black movie distribution company to promote message of hope to other woman striving for leadership includes legislative successes to major Black movies. In 1978, he would be- survivorship. protect our workers, to provide health care to come the first African American to operate a I had many opportunities to work with Linda all, to ensure equal rights for minorities, to 24-hour commercial lease access television over the years and I was always in awe of her preserve our environment, and to improve station, the Soulbeat Television Network, air- constant energy and unwavering commitment education. That landscape has been shaped ing music videos and community programming to her cause. She strongly believed in the by his intellect, his conviction, his humor, his in Oakland. Soulbeat is presently celebrating need for awareness, education, and outreach sensitivity, and his ability to capture hearts, 22 years of continuous programming, and has to those diagnosed with breast cancer and even those of his opponents. not only added live interactive talk shows to its their loved ones. Linda brought the battle to One of John’s first acts upon returning to programming lineup, but in 1998 became the the community and to Washington. The Amer- the state legislature was to introduce a bill out- first network ever to broadcast full-time live ican Cancer Society was just one of the many lawing poverty. This was typical Burton style— streaming television to the world over the organizations for which Linda volunteered her deep caring mixed with a brash reminder of internet. time. In fact, she served as a lobbyist for the our Nation’s core value to care for those in In addition to the pioneering role Chuck organization in Washington, highlighting the greatest need. John displayed this funda- played in the communications industry, he was concerns of Connecticut and making sure leg- mental commitment to justice recently when an active member of the civil rights movement islators knew just how vital increased funding he spoke at a Building and Construction throughout his life. He not only served as the for research and education are—not only to Trades Convention and stated, ‘‘It is up to you president of the local NAACP Chapter in those fighting breast cancer, but for those who and me and others like us to make sure that Southern California in the 1960s, but as the had survived as well. Linda was also respon- when people are asking for a job, that job has West Coast Chapter President of the National sible for organizing the first Relay for Life decent wages, decent working conditions, and Association of Television and Radio Announc- event in Hamden, Connecticut—now an an- decent benefits and that workers get their fair ers, was a leader in the movement to hire the nual event that serves as one of the largest share of the wealth of this Nation. It’s the just first Black radio announcers in Los Angeles. fundraisers for the American Cancer Society. thing to do, it’s due you, and we’re going to Furthermore, his founding of Soulbeat in Oak- Linda’s accomplishments and advocacy did help you fight to get what is your due.’’ land was historic not only because he was the not go unrecognized. Throughout her life she Sadly, John’s political career has been first African American to establish such a sta- was honored with a myriad of awards and ac- marked by tragedy—the loss of his brother, tion, but because Soulbeat was and continues knowledgments. Perhaps the most prestigious Congressman Philip Burton, at the early age to be a vehicle for the advancement of free of these many accolades was when Linda was of 56 and the assassination of one of his dear- speech and social equality. recognized with the ‘‘Points of Light Award’’ in est friends, San Francisco Mayor George On August 2, 2004, Chuck’s friends and 2002. Bestowed by the President of the United Moscone at age 49. On the murder of Mayor family gathered to honor his extraordinary life States, this special honor celebrates the suc- Moscone, John wrote: ‘‘Those senseless and the impact that his work had on the lives cess of volunteers and highlights the impact events brought me face to face with grief, of those around him. Chuck was a truly unique that individuals have on their communities. For making me realize that friends are precious individual not only because of the record of Linda, this was a most fitting tribute. Her ef- and life is all too short. We should remember historic achievements that marked his career, forts have left an indelible mark on our com- to take time from our own activities to spend but because of his commitment to using his munity and one cannot say enough about the more time with those we care about, rather voice to improve the lives of the people in his difference she has made in the lives of others. than so totally immerse ourselves in our jobs community and beyond. His legacy will con- This year marks the 6th Anniversary of the and businesses that we are always too busy tinue far into the future, and his memory will ‘‘Pink Tea’’, an annual ‘‘Celebration of Survi- to relate to people.’’ be treasured by all who knew him. The Ninth vorship,’’ where the Sister’s Journey Calendar John’s life has also been marked by great Congressional District salutes Chuck Johnson has traditionally been unveiled. This year’s fulfillment—not only in his illustrious political for the contributions he made to Oakland, the event will indeed be special as members re- career, but also in his family life. John’s East Bay, and our entire country. member Linda’s efforts and honor her memory daughter, Kimiko Burton Cruz, is the light of

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.212 E11PT1 E1900 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 his life. They have traveled a wonderful jour- RECOGNITION OF DR. HERBERT Fellowship, Community Service, and Edu- ney together, and John is now the proud POCH cation. grandfather of Juanito and Mikala. Kimi, her Truman dedicated so much of his life to husband Emilio, and their children are guiding HON. FRANK PALLONE, JR. spreading the Gospel through his commitment forces for John, and will be a major part of OF NEW JERSEY to the Alabama State Gospel Singing Conven- John’s future. IN THE HOUSE OF REPRESENTATIVES tion and the Bethany Baptist Church. He was an active member of the Alabama State Gos- When you meet John Burton, you know you Friday, October 8, 2004 have met one of a kind. When you know John pel Singing Convention for over 40 years, Burton, you have a friend. And, when you Mr. PALLONE. Mr. Speaker, I would like to serving in various positions including President have John Burton as a friend, you know you take a moment today and laud the accom- in 1972 and 1989 and subsequently serving have one of life’s great treasures in hand. plishments of Dr. Herbert Poch and congratu- on the Board of Trustees from 1992 until his late him for being honored by the Dr. Stanley John may have left the State Senate, but he death this year. Also, the congregation of his Nichols Pediatric Auxiliary at Monmouth Med- will continue to be a fierce leader in our State, church benefited tremendously from his serv- ical Center. Having served as the Associate and in our Nation, on behalf of those who ice as deacon for 45 years, a Sunday school Program Director of the Pediatric Residency need him most. teacher for 38 years, and as Choir Director for Program at Monmouth Medical Center for 8 17 years. As if this is not impressive enough, Thank you, John, for your tireless efforts on years, Dr. Poch has exhibited true dedication he also served as the President of the Ala- behalf of so many in our country. May the towards his work as well as improving the bama School of Gospel Music from it’s incep- wind be always at your back. lives of his young patients. tion in 1986 until his death. A native of Elizabeth, NJ, Dr. Poch received Mr. Glassco demonstrated outstanding lead- f his medical degree from Columbia University ership to the Boaz community as well. He held TRIBUTE TO URBAN HEALTH and upon completing his residency, he re- various offices in the Boaz Chamber of Com- PLAN, INC. ON THE 30TH ANNI- turned to Elizabeth and maintained a success- merce including President for 4 years and VERSARY ful private practice for 36 years. While chairing Secretary for 18 years. The Chamber further the Department of Pediatrics at Elizabeth Gen- recognized his contributions to society when it eral, he led the department to merge with selected Truman as their ‘‘Man of the Year’’ in HON. JOSE´ E. SERRANO Newark Beth Israel Hospital’s Pediatric De- 1987 and ‘‘Educator of the Year’’ in 1985. He partment to develop a joint residency program was a long-time member of the Boaz Civitan OF NEW YORK in pediatrics, which led to notable improve- Club, serving as President and holding various IN THE HOUSE OF REPRESENTATIVES ments of pediatric care in the area. other offices. The Civitan Club recognized Tru- Friday, October 8, 2004 Prior to joining Monmouth Medical Center man’s achievements by voting him ‘‘Man of as a full time faculty member in 1992, Dr. the Year’’ in 1974. Mr. SERRANO. Mr. Speaker, I rise today to Poch served as an assistant clinical professor After earning three masters degrees, Tru- acknowledge one of the largest employers in of Pediatrics at Columbia. Having always been man served 38 years in public education, 22 my district, Urban Health Plan, Inc., as they a devoted teacher, Dr. Poch continues to years as a principal and 8 years as Assistant celebrate their 30th anniversary. UHP has teach on a part-time basis at Monmouth Med- Superintendent of Education. Snead College worked for three decades now to make health ical, even after his retirement in 1999. In addi- named him ‘‘Alumnus of the Year’’ in 2004, an care more accessible to residents of the South tion, he retains his academic position of clin- honor which was accepted posthumously by Bronx. ical associate professor of Pediatrics at Drexel his wife, Dr. Bobbie Glassco. Although he Urban Health Plan began as the vision of University College of Medicine, in Philadel- never had children of his own, he was lovingly Dr. Richard Izquierdo, who, as a private practi- phia. called ‘‘Papa Truman’’ by hundreds of young tioner in the South Bronx, saw the lack of pri- His love for teaching comes second only to people. mary health services that the community pro- his love for family, including his wife of 52 The town of Boaz, Alabama benefited tre- vided to its residents. He decided to form a years, Leila, and their 3 children, Bruce, Andi mendously from Truman’s kindness and self- community health center, and in 1968, the and Lesley. This gifted and devoted family less service to his fellow citizens. I had the San Juan Health Center was born. man, doctor and teacher is also the recipient privilege of first meeting Truman Glassco and Urban Health Plan was created out of the of three Dean’s Special Awards for Excellence his wife Bobbie as a young boy at Antioch San Juan Health Center to offer expanded in Clinical Teaching, as well as the recipient of Baptist Church in Marion County Alabama at services and increase outreach into the local the Drexel University College of Medicine a convention singing. Many people can tell community. It has done just that, by providing Oksana Korzenlowski, M.D. patient award for you that he was a ‘‘real Christian man who affordable, reliable care to residents of the setting an outstanding standard of skill and made a real Christian difference in an indif- South Bronx. UHP offers significant primary commitment in the clinical care of patients. ferent world.’’ I could not agree more. My and specialty care, in addition to numerous Once again, I congratulate Dr. Poch on all thoughts and prayers continue to go out to his outreach and education programs. Because that he has accomplished, and all that he has wife Bobbie, along with his family and friends. many area residents do not speak English as contributed to his community and the field of Yes, Gospel Music lost a dear friend when it a first language, most of the staff is bi-lingual. medicine. He is truly deserving of the honor lost Truman Glassco. Today, Urban Health Plan, Inc. has expanded that has been bestowed upon him. f f to include three health centers, six local PAYING TRIBUTE TO KATHY school locations, homeless shelters, and adult IN MEMORY OF MR. TRUMAN GRISWOLD MCKEAN treatment programs under the leadership of GLASSCO President and CEO Paloma Hernandez. HON. SCOTT McINNIS Mr. Speaker, in an area where hospital HON. ROBERT B. ADERHOLT OF COLORADO services and preventative medicine are sorely OF ALABAMA IN THE HOUSE OF REPRESENTATIVES needed, Urban Health Plan, Inc. fills an impor- IN THE HOUSE OF REPRESENTATIVES tant need for residents of my district. They Friday, October 8, 2004 have helped thousands of Bronx residents ad- Friday, October 8, 2004 Mr. MCINNIS. Mr. Speaker, it is with a sad dress their health care needs without mort- Mr. ADERHOLT. Mr. Speaker, it is with a heart that I rise to mourn the loss of Kathy gaging their futures. I am glad to count organi- heavy heart that we mourn the death of Mr. Griswold McKean, the co-founder of Liberty zations such as Urban Health Plan, Inc. as al- Truman Glassco, who recently passed away Day, from my district. Kathy was recently killed lies in the effort to improve the neighborhoods at the age of 73. I am honored to stand before in a car accident on her way to deliver a Lib- and communities of the Bronx, and I salute this body of Congress and this Nation to rec- erty Day mailing. She and her husband Andy Urban Health Plan, Inc. for their dedication to ognize this wonderful man. dedicated the past 10 years of their lives to the residents of the South Bronx. Truman, a lifelong resident of Boaz, AL, in bring the Constitution and the Bill of Rights I hope my colleagues will join me in con- Marshall County, was born in 1931. Known by into the hands and minds of students across gratulating Urban Health Plan, Inc. on their all as a wise, humble, loving, generous and the country, and I want to recognize their con- 30th anniversary, and on wishing them contin- prayerful man, his significant contributions to tributions before this body of Congress and ued success in the years to come. society fell primarily in three areas: Christian this Nation today.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.214 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1901 Liberty Day started with Kathy and Andy in CONGRATULATING FRANK pus was in 1957. During that first year, the the Denver Lions Club almost a decade ago. MATTEI, HONORED BY THE Temple City High School Associated Student It is a national organization honoring James ITALIAN AMERICAN ASSOCIA- Body established the green and gold colors Madison that prints millions of America’s TION OF LUZERNE COUNTY AS and the ‘‘Ram’’ as the school mascot. founding documents with the help of Denver’s 2004 PERSON OF THE YEAR The Temple City Unified School District is located in the West San Gabriel Valley. The Herschfield Press and distributes them free of HON. PAUL E. KANJORSKI population of the district’s service area is ap- charge all across America. Kathy and Andy proximately 35,000. The service area includes worked without pay, donating thousands of OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES within its boundaries most of the incorporated hours and resources to the project in the city of Temple City, as well as small portions hopes that Americans will understand the Friday, October 8, 2004 of San Gabriel, Arcadia, and unincorporated basic freedoms we enjoy today. The Lions Mr. KANJORSKI. Mr. Speaker, I rise today areas of Los Angeles County. Currently, the International, Rotary, Kiwanis, and Optimist to pay tribute to Frank Mattei as he is named district maintains one comprehensive high clubs have all embraced the project, enabling Person of the Year by the Italian American As- school, TCHS, one alternative high school, their work to have worldwide distribution. sociation of Luzerne County. It is an honor to Community Learning Center, one intermediate join the members of this organization in paying school, Oak Avenue, four elementary schools, Mr. Speaker, Kathy Griswold McKean was a tribute to his numerous achievements as he is Cloverly, Emperor, La Rosa, and Longden, dedicated patriot that selflessly served her honored at a dinner this Sunday. and one adult school, Temple City Adult community and country, and I am honored to A member of the Italian American Associa- School. pay tribute to such a diligent community serv- tion for 10 years, Frank is also active in Ro- A list of outstanding superintendents have ant and preservationist of American history. tary Club. As a member of the Rotary Club, served TCUSD. The first, Howard Beckner, re- Her contributions to our country will not be for- Frank spent a great deal of time with the Ro- tired in 1961. He was succeeded by Dr. Jack gotten. My thoughts and prayers go out to her tary Exchange Students Program. Many stu- Rand and then Allen Rice. Superintendents family during this time of bereavement. dents from many nations were greeted with Wesley Bosson and Clint Taylor followed. In the hospitality and warmth of the Mattei home. 1999, Joan Hillard became the District’s sixth f Frank was born in Pergola, Italy, in 1932. Superintendent. It is clear that TCUSD has a He is the son of the late Marino and Celeste history rich with spirit and values of progress, REMEMBERING AND RECOGNIZING Mattei. He has been married to Anna dedication, unity, and pride. MRS. BONNIE L. GENTRY Biscontini for 46 years. Frank and Anna have I ask all Members of Congress to join me two children, Maria and Frank Jr., and three today in congratulating the Temple City Uni- grandchildren. Maria lives with her daughter, fied School District for 50 years of outstanding HON. RALPH M. HALL Violeta, in Plains. Frank Jr. and his wife Susan educational service to the community, and for live in Malvern, PA, with their daughters its immense commitment to the success of its OF TEXAS Daniella and Julianna. students. IN THE HOUSE OF REPRESENTATIVES Frank came to America in 1947. He settled f in the Hilldale section of Plains and graduated Friday, October 8, 2004 from Plains Memorial High School in 1952. IN RECOGNITION OF HISPANIC Frank served his country for 2 years in the HERITAGE MONTH Mr. HALL. Mr. Speaker, today I am honored U.S. Army, and 18 of the 24 months were to pay tribute to Bonnie L. Gentry, a dedicated served in the United States forces in Austria, HON. BARBARA LEE educator and sister of Buck Crowley, my long- USFA. After that, he spent many years in the OF CALIFORNIA time friend and assistant in the district. Bonnie retail shoe business as the owner of Penn-Lee IN THE HOUSE OF REPRESENTATIVES passed away on February 2, 2002, and in Footwear for 22 years. Friday, October 8, 2004 March of this year, the Mesquite Independent Mr. Speaker, it is a privilege and honor to School District recognized her by naming its represent a man who has served his country Ms. LEE. Mr. Speaker, I rise in recognition 30th elementary campus in her honor. and who has been a leader in his community. of Hispanic Heritage Month. I ask that my colleagues pay tribute to Frank In 2004, the influence of Latinos in the Born in Fate, TX, to R.L. and Mattie Mattei as he receives this well deserved United States is evident now more than ever. Crowell, Bonnie received her teaching certifi- honor. This community has continued to be a strong cate at the age of 14. For the next 54 years, thread in the fabric of our nation. Influential f she served as both teacher and principal for Latinos can be found contributing in many the Rockwall and Mesquite Independent IN RECOGNITION OF THE TEMPLE fields; they are doctors and lawyers, teachers School Districts. In 1959, she became Mes- CITY UNIFIED SCHOOL DIS- and professors, police officers and fire fight- quite’s first female principal when she was ap- TRICT’S 50TH ANNIVERSARY ers, scientists and engineers, mayors and of CELEBRATION pointed to the position at Ben F. Tisinger Ele- course, Members of Congress. As we celebrate Hispanic Heritage Month, I mentary. She held the position until her retire- want to highlight their service to our Congress. ment in 1974. HON. ADAM B. SCHIFF OF CALIFORNIA The first Latino members of this chamber were In addition to her teaching career, Bonnie IN THE HOUSE OF REPRESENTATIVES non-voting delegates, one from the Territory of also served in such organizations as the Florida, Joseph Marion Hernandez in 1822, Friday, October 8, 2004 Texas Retired Teachers Association, the and the other Jose Manuel Gallegos from the Order of the Eastern Star, the Daughters of Mr. SCHIFF. Mr. Speaker, I rise today to Territory of New Mexico in 1853. The first vot- the American Revolution, and Delta Kappa congratulate the Temple City Unified School ing member was Romualdo Pacheco, from the Gamma. District for 50 years of outstanding service to great state of California, elected in 1877. the community. Since then, many Latino Members of Con- She is survived by her brothers Herman The Temple City Unified School District was gress, in both chambers, have served our na- Crowell, R.S. ‘‘Bob’’ Crowell, and M.L. ‘‘Buck’’ established as a unified school district on July tion. These members hail from a diverse Crowell; sisters Christine Davison and Leona 1, 1954. At the time, the district had grades group of states and territories, including Ari- Strain; and numerous nieces and nephews. kindergarten through 11th. Elementary classes zona, Louisiana, Texas, Illinois, New York, Bonnie will long be remembered as a de- were held at Cloverly, Emperor, and Longden. Guam and Puerto Rico, to name a few. They Oak Avenue School, formerly part of Pasa- have made significant contributions, like Sen- voted and caring educator who touched the dena Unified School District, was a junior high ator Dennis Sanchez, from the state of New lives of many. On behalf of her family, friends, school, and in 1954 it became Temple City Mexico, who was the first to push for any kind students, and the Mesquite Independent High School. At the time, a total of 789 stu- of Civil Rights legislation in Congress. Most School District, I would like to take this oppor- dents were enrolled in grades 8 through 11. notable is the formation of the Congressional tunity in the House of Representatives to pay The first 12th grade class of 138 students Hispanic Caucus in 1976, founded by five my last respects to Mrs. Bonnie L. Gentry. graduated from the Oak Avenue campus in Members of Congress, Reps. Edward Roybal 1956. The first graduation from the new cam- (D–CA), Henry Gonzalez (D–TX), Herman

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.218 E11PT1 E1902 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Badillo (D–NY), Eligio de la Garza (D–TX), land Coalition of Congregations, Father Tony cially true for the Fine Arts, where the talent and Baltasar Corrada del Rio (NP–PR). Since works to raise immigrant’s awareness of com- of young artists must be nurtured and encour- then, the CHC has grown exponentially. In the munity issues and encourages his parish- aged for them to realize their dreams. 108th Congress, we have seen a record high ioners to register and vote. Another leader is A Professor of Art at both Marygrove Col- of 23 Hispanic Members of Congress, 7 of Father Marco Figueroa, Pastor of St. Eliza- lege and the University of Detroit in Detroit, them women. beth’s Church, which puts on health education MI, as well, Joe DeLauro spent the majority of In my district, the 9th Congressional District seminars, operates clinics and assists in the his career as an educator at the University of of California, the contributions of Latino orga- establishment of new organizations that are Windsor. He came to the University in 1960 nizations is stronger than ever. For example, vital to the community. where he began Windsor’s Fine Arts Depart- the Unity Council, under the remarkable lead- As a Representative from California, I can- ment. Through his efforts as head of the De- ership of Arabella Martinez, has spearheaded not fail to mention the over 12 million Latinos partment, he gained for the institution its right the construction of the Fruitvale Transit Vil- that make California the state with most to grant a bachelor of fine arts degree—the lage, which is a model for mass transit, afford- Latinos in the nation. As many experts speak first degree-granting privilege of its kind to be able housing, and smart growth. The Unity of the Latino population boom that this country granted to an Ontario university. For this ac- Council also has programs for first-time home will see in the future, California has been pros- complishment, he was credited with the found- ownership, English classes, and subsidiaries pering from its growth in the Latino community ing of Windsor’s School of Visual Arts. In his that employ a couple of hundred people in the for many years now. While Latinos grow in 25-year-career with the University of Ontario, Fruitvale community. As Ms. Martinez retires population in the United States, they continue he helped to shepherd hundreds of students this year, she hands over the reins of the to be left behind when it comes to education, through the demanding maze of discipline, Unity Council to Gilda Gonzales, a former health care, jobs, and immigration. We must taste, and scholarship and on to their own ca- member of the Oakland School Board, who make sure that we do not leave our new fel- reers. Mentor, friend, and educator—there is has served as an aide to two Oakland mayors low Americans behind. We must ensure that no better example of what a teacher should and to this Member, when I served in the Cali- as the Latino population in America grows, we be. fornia state legislature. expand their access to a good education, To be bestowed with the title Founding Di- Another example is Anew America, an orga- proper health care, and equal access to the rector Emeritus is a reflection of the respect, nization founded five years ago and led by workforce. gratitude, and appreciation Joe DeLauro Syliva Rosales-Fike who has turned personal Mr. Speaker, in closing, I would like my col- earned throughout his career at the University tragedy into triumph in the Bay Area. After leagues to remember the contributions of of Windsor. His extraordinary artistic and aca- having fled El Salvador after her husband was Latinos to this nation during Hispanic Heritage demic career has left an indelible mark on the tortured and murdered, she helped to found Month and throughout the year, especially as University and his spirit will forever live on Anew America. The non-profit organization they consider legislation that affect this great, through the School of Visual Arts—a legacy takes ‘‘new Americans,’’ newly-arrived immi- diverse community which continues to make that will touch and inspire thousands for gen- grants from Asia, Africa, and Latin America America the best it can be. erations to come. I am proud to stand today and helps them establish their small busi- f and join his wife, Dorothy; children, Kathleen, nesses. The organization teaches the new Gregory, and Bob; family, friends, and col- Americans about asset management, finance, HONORING JOSEPH NICOLA leagues to extend my sincere congratulations and community involvement. DELAURO, FOUNDING DIRECTOR to Joseph Nicola DeLauro on this very special And lastly La Clinica de la Raza, led by EMERITUS OF THE SCHOOL OF occasion. VISUAL ARTS OF THE UNIVER- CEO Jane Garcia has programs focusing on f prenatal care, family planning, parenting skills, SITY OF WINDSOR and youth programs. They have school clinics INTRODUCTION OF COORDINATED in almost every Oakland school with satellite HON. ROSA L. DeLAURO ENVIRONMENTAL HEALTH NET- clinics across the Bay Area. They provide free OF CONNECTICUT WORK and low-cost health care to thousands of peo- IN THE HOUSE OF REPRESENTATIVES ple in the Bay Area. They are celebrating their Friday, October 8, 2004 HON. NANCY PELOSI recent move to their beautiful 40,000 square OF CALIFORNIA foot structure located in the Fruitvale Transit Ms. DELAURO. Mr. Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES Village, which gives them ability to provide pleasure that I rise today to extend my sincere Friday, October 8, 2004 comprehensive primary care to all their pa- congratulations to my uncle, Joseph Nicola tients. DeLauro. He was recently honored by the Uni- Ms. PELOSI. Mr. Speaker, environmental Individuals in my district are the motivating versity of Windsor in Ontario, Canada, as they contaminants have been linked to birth de- force behind organizations such as these and named him Founding Director Emeritus of the fects, developmental delays, and many chron- promote civic engagement among Latinos in School of Visual Arts—the first such title the ic diseases including asthma, various forms of the 9th Congressional District. People like University has bestowed. cancer, and neurological disorders like Parkin- Tulio Serrano, who came to this country under Born in New Haven, CT, Joe DeLauro at- son’s, Alzheimer’s, and Multiple Sclerosis. asylum, after his family was killed in civil war tended Yale University where he received his Research shows that women and children in El Salvador, and had to leave his homeland Bachelors Degree and later gained his Mas- are at especially high risk for health problems after several death threats. Through the Cen- ters at the University of Iowa. He is a sculptor related to environmental factors. Each year, 4 tral American Refugee Committee, a humani- perhaps best known for his work depicting ar- percent of all births—more than 150,000 ba- tarian effort, he organizes people to vote, and chetypal figures from the far past and the bies—are born with significant birth defects. links people from Oakland Area to people in El Bible. Much of his work, including crucifixions, The number of children with asthma has dou- Salvador in order to promote education and pietas, virgins, baptismal fonts, stone reliefs, bled in the past 15 years to about 5 million. health. There are also women like Tina Flores, and stained glass windows have been com- And more than 8,000 children are diagnosed who heads the Southwest Voter Registration missioned by churches, convents, schools, with cancer every year. project in Oakland. She is helping engage our and other largely religious institutions. How- We do not understand the long-term health community in this nation’s democratic process. ever, you can also find many pieces through- effects of the vast majority of the approxi- Others, like Ignacio De La Fuente, President out the public spaces in his home of Canton, mately 80,000 chemicals have been released of Oakland City Council, serve in elected of- MI, and in private collections throughout the into the environment over the past 50 years fice. A candidate for mayor of Oakland in world. and the more than 7 billion pounds of chemi- 2006, Council President De La Fuente has Internationally recognized for his talent, he cals that are released each year by industrial been instrumental in lowering gang violence, has been honored by organizations in the facilities in the United States. While many restoring economic development in Fruitvale, United States, England and Italy. Exhibitions chemicals do not cause damage, we need to and in securing funding for job resource cen- of his work have been displayed in New York, know which ones do. ters for day workers. Italy, and Canada. But perhaps his most im- In my hometown of San Francisco, breast Latino members of the clergy are also help- portant contribution has been through his work cancer rates are more than 12 percent higher ing in our community, including Father Antonio as a teacher. I have often spoke of the need than they were 15 years ago. These rates are Valdivia, Pastor of St. Luis Bertrand Parish in of talented, creative educators ready to help significantly higher than the rest of the nation, Oakland. He is also a strong leader of Oak- young people learn and grow. This is espe- and public health officials are searching for

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.222 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1903 answers. We must understand what could be PERSONAL EXPLANATION better relationship with minority communities causing such a dramatic rise, especially when both domestically and abroad. three out of four women who are diagnosed HON. BOB FILNER TO WIN THE WAR ON TERROR with breast cancer have no family history of OF CALIFORNIA A DISCUSSION WITH THE HONORABLE JIM TURN- ER AND MEMBERS OF THE ARAB AND MUSLIM cancer or other known risk factors. For these IN THE HOUSE OF REPRESENTATIVES women, environmental factors may be the link DIPLOMATIC COMMUNITIES—MODERATED BY to their cancer. Friday, October 8, 2004 TIM ROEMER Improved infrastructure that enables local, Mr. FILNER. Mr. Speaker, on rollcall No. About the Event state, and Federal public health agencies to 510, I was in my congressional district on offi- This event is part of a series of discussions monitor disease rates and environmental haz- cial business. Had I been present, I would being organized by the Center for National ards is needed. However, there is no system have voted ‘‘aye.’’ Policy to help reframe the debate on the War in place that explores the relationship between on Terrorism. CNP seeks to deepen both the f public’s and elected officials’ understanding disease and potentially associated environ- IN RECOGNITION OF DORA BELLE of the complex issues involved in the growth mental factors. and spread of radical Islam, and to increase Today, I am joined by Representatives THOMAS STONE awareness of initiatives that promise to ad- STEPHANIE TUBBS JONES and LOUISE SLAUGH- vance moderation and constructive reform. TER, and Senators HILLARY RODHAM CLINTON, HON. MIKE ROGERS To accomplish these goals, CNP organizes small group discussions that bring together HARRY REID, and LINCOLN CHAFEE, in intro- OF ALABAMA ducing the Coordinated Environmental Health prominent policy experts, elected officials, IN THE HOUSE OF REPRESENTATIVES and public opinion specialists to explore new Network Act to respond to this urgent need by Friday, October 8, 2004 strategies to address both immediate and creating the infrastructure necessary to collect, long-term threats. CNP drafts summaries of analyze, and report data on the rate of dis- Mr. ROGERS of Alabama. Mr. Speaker, I these conversations and makes them avail- ease and the presence of relevant environ- rise today to recognize Dora Belle Thomas able to lawmakers on Capitol Hill and pol- mental factors and exposures. Stone of Lee County, Alabama, in anticipation icymakers in the Executive Branch, as well The Network would also coordinate national, of her 100th birthday on November 8, 2004. as academics, journalists, and the public at state, and local efforts to bolster our public Born in Chilton County, Alabama, on No- large. health system’s capacity to investigate and re- vember 8, 1904, Mrs. Stone is the daughter of About CNP spond aggressively to environmental expo- the late George W. and Phairby Adeline The Center for National Policy (CNP) is a sures that threaten health. In addition, the Co- Headly Thomas. In 1918, Mrs. Stone moved non-profit, non-partisan public policy orga- ordinated Environmental Health Network will to Phenix City, Alabama, where she married nization located in Washington, DC. Founded alert health officials when there is a sudden in- William Henry Stone on October 21, 1921. in 1981, the Center’s mission is to engage na- tional leaders with new policy options and crease in any disease or condition, including She is the mother of four children: William Earl innovative programs designed to advance those associated with a biological or chemical Stone, Thomas Milton Stone, George Lamar progressive ideas in the interest of all Amer- attack. Stone, and Barbara Anne Stone Ennis. She icans. Over the past 3 years, my colleagues and I has eight grandchildren and ten great grand- The goal of the Center is to promote the have worked to secure more than $73 million children. transfer of ideas and information from ex- for pilot programs to begin developing the ca- Mrs. Stone is a retired music teacher who perts to public officials, and therefore better pacity for a Coordinated Environmental Health taught Sunday school for more than 60 years, serve American citizens and the public inter- est. Network, with an additional $28 million pend- and is a member of Smiths Station Baptist Working with a small core staff, CNP ing in the Fiscal Year 2005 Labor-Health and Church. She says she cherishes most her brings together policymakers and experts Human Services-Education Appropriations bill. family, her church, and God’s Word, and stud- from a range of organizations, including These pilot projects are giving the Centers for ies her Bible every day. other think tanks, business, labor and aca- Disease Control and Prevention and the Envi- It’s not often we have the opportunity to rec- demia, to encourage new thinking, promote ronmental Protection Agency the information ognize the life and accomplishments of a cit- public awareness and catalyze action. they need to put in place a comprehensive, izen like Mrs. Stone, and I appreciate the The Center uses public opinion research, as well as substantive and political analysis, to coordinated network. House’s attention on this important occasion. frame options and make recommendations. Once fully operational, the network will co- f The Center’s programs include active media ordinate national, state, and local efforts to in- outreach and extensive use of the web as well form communities, public health officials, re- COMMENDING THE CENTER FOR as more traditional methods of dissemina- searchers, and policymakers of potential envi- NATIONAL POLICY FOR FACILI- tion. ronmental health risks, and to integrate this in- TATING A DIALOGUE BETWEEN In October 2003, Timothy J. Roemer was formation with other parts of the public health MEMBERS OF THE ARAB AND named President of CNP. Formerly a seven- system. MUSLIM DIPLOMATIC COMMU- term member of Congress from Indiana, he This is really an issue of environmental jus- NITIES most recently has served as a member of the bipartisan 9/11 Commission. His predecessors tice. Minority and low-income communities are as president include Madeleine K. Albright, particularly vulnerable to environmental health HON. HAROLD E. FORD, JR. prior to her service as U.S. ambassador to hazards. The factories and dumping sites that OF TENNESSEE the United Nations; the late Kirk O’Donnell, emit pollutants are often located near commu- IN THE HOUSE OF REPRESENTATIVES who was chief counsel to the Speaker of the nities with little political and economic power, U.S. House of Representatives Thomas P. Friday, October 8, 2004 and therefore less ability to protest. The result ‘Tip’ O’Neill, and Maureen S. Steinbruner, is an elevated risk of exposure to harmful sub- Mr. FORD. Mr. Speaker, I would like to rec- currently serving as CNP Vice President and stances. ognize the Center for National Policy (CNP) Senior Policy Advisor. Numerous public health and environmental for facilitating a dialogue between members of Introduction organizations understand the need for an im- the Arab and Muslim diplomatic communities It has been clear for some time that win- proved response to these threats, and the Co- and legislators on the Hill. ning the war on terror is not only a military On September 8th of this year, the Center and security challenge. With numerous al ordinated Environmental Health Network Act is Qaeda leaders captured or killed, the threat supported by the Trust for America’s Health, for National Policy hosted a discussion be- is now more diffuse but just as deadly. In- American Public Health Association, Citizens tween the Honorable JIM TURNER and mem- creasingly the question is, are we taking for a Cleaner Environment, March of Dimes, bers of the Arab and Muslim diplomatic com- more terrorists out of the picture than are American Lung Association, U.S. Public Inter- munities as a way of re-framing the debate on being created every day in the streets and est Research Group, The Breast Cancer the War on Terrorism. I applaud the CNP for madrassas all over the Arab and Muslim Fund, Physicians for Social Responsibility, and their continued efforts to properly inform both worlds? many others. the American public and their elected officials The United States needs a strategy for winning the war that both deals with today’s We must respond to these health threats in on the complex issues facing policymakers. terrorists but also, most importantly, works a comprehensive and coordinated manner. To I would like to commend Representative to deter and suppress the growth and power take action to prevent disease we must under- TURNER and my former colleague Tim Roemer of tomorrow’s. U.S. Representative Jim stand its cause. I look forward to working with for their participation in this invaluable discus- Turner, Ranking Member of the Select Com- my colleagues to enact this vital legislation. sion and for their active interest in fostering a mittee on Homeland Security, put forward a

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00037 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.225 E11PT1 E1904 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 series of initiatives to accomplish this, in his specifically—who actively support terrorism gram would not necessarily be right else- report, ‘‘Winning the War on Terror.’’ At the is in actuality very small—perhaps only a where. Regionally-generated initiatives, per- invitation of the Center for National Policy, few thousand. But as recent polling shows, haps assisted by foreign aid, may meet with he joined three ambassadors to the U.S. from the numbers who are angry at the United more success than unilateral efforts created Muslim nations, and representatives from States is much greater. The false assumption thousands of miles away. two other Middle Eastern embassies and the on the part of Americans that these two Several participants stressed that the U.S. European Commission, for a discussion of his groups are one and the same needs to change must avoid the appearance of imposing its initiatives and related issues. if the U.S. image abroad is to change. The 9– own reforms on other countries. They point- After an introduction by Congressman 11 report, for example, made it very clear ed out that media audiences in the Middle Turner framing the questions, CNP Presi- that the problem of terrorism is not about East closely watch the American political dent Tim Roemer moderated a discussion. faith, yet this issue has not been reflected in process. The recent Democratic and Republic The session was off the record, except for the the current debate in the U.S. about the National Conventions received far more comments cited here. Commission report. It is important to distin- airtime from television stations in the Mid- Supporting voices of moderation in the Middle guish between those who support terrorism dle East than in the United States. The point East and those who are angry at America because was made that extremists are watching, and Representative Turner stressed the fact the solutions to dealing with both problems they will certainly exploit the perception that in fighting the war on terrorism the are very different. that ‘‘the Americans are telling us what to United States needs to look beyond tar- As one participant observed, it is the peo- do’’ to oppose reform initiatives. geting active terrorists and securing the ple in the middle—in the Middle East as well It was noted that the particularly sensitive homeland, to supporting voices of modera- as in the United States—who need to have issue of educational reform in Saudi Arabia, tion in the Middle East as well as those ad- their minds changed about the nature of the for example, was unable to find support in vocating positive change. His report address- war on terrorism. The war on terror is not the Kingdom once the U.S. Congress vocifer- es the question of how to prevent the rise of only America’s problem. If the U.S. wants to ously supported it. ‘‘Secular’’ education in future terrorists though a number of impor- find support for partnership with the Arab particular was characterized as a ‘non-start- tant initiatives. and Muslim world, it will have to begin by er’: the very word ‘‘secular’’ can be a form of These include: showing the benefits of such a partnership to insult in the Kingdom. Similarly, the word Building bridges to the Arab and Muslim the people in the middle-center on both sides ‘‘democracy,’’ per se, has some negative con- world, which must involve not only diplo- of the relationship. notations in the Middle East—though this is macy programs but also fully engaging in More forceful policy initiatives and efforts not the case for many of its specific at- the Israeli-Palestinian conflict; on the part of the U.S. will make an imme- tributes, such as transparency, civic partici- Improving education for Arab children; diate impression. Participants agreed that a pation, free elections, and so on. One dip- Stimulating economic development; commitment by the United States to seri- lomat said, ‘‘This is a conflict within Islam. Stabilizing operations in Afghanistan and ously engage with the Israeli-Arab conflict is We must support reason and try to assure Iraq; and absolutely necessary. An ambassador said that this wins—not terrorism.’’ Promoting political reform in the Middle ‘‘America has become an excuse for our that the shift of public opinion against the East and moving toward greater democracy. problems,’’ as one participant noted. But U.S. in Turkey is attributable to two factors: Representative Turner pointed out, how- this is a cultural reality that the U.S. must What is happening in Iraq; and what is not ever, that if these types of initiatives are to understand if it wants its reform efforts to happening in the Israeli-Palestinian conflict. be successful, it will require a tremendous be effective. political effort both at home and abroad. He Another Ambassador said, ‘‘You have to seri- ously address the problem in Israeli-Pales- The European perspective noted that ten of the 9–11 Commission’s 41 It was noted that European nations have recommendations are geared toward pre- tinian conflict—not necessarily solve it.’’ In addition, actions to support economic been engaged with the Middle East for al- venting the rise of future terrorists—but most 50 years. More recently, the European these have received little public attention. development in the Middle East, such as pro- viding economic assistance and scholarships, Union has been working with the United Meanwhile, polling indicates that the U.S. States specifically on the problem of extre- image abroad—not only in the Middle East, supporting WTO accession, and other steps to enhance job opportunities could show tan- mism in the Arab and Muslim world, both but across the globe—has declined dramati- through direct E.U.-U.S. dialogue and on the cally in the past two. years. It is essential gible benefits and demonstrate an American commitment to a broader, positive Middle G8 track. The European Union endorses the that Americans understand why this is so, general argument that solutions must come and what needs to be done to change it. East agenda. This should be the core of the argument to convince the U.S. Congress and from within the region, but with attention The war on terror, Turner affirmed, is not to regional differences. It is the EU point of a war on Islam. But the United States needs American people that such proposals are part of the solution and that military action view that there can be no ‘‘one size fits all’’ to find ways to communicate its intentions solution. It was suggested that Representa- much more effectively. Finally, the United is not the only tool to use against the ter- rorist threat. tive Turner’s proposals largely fit into the States must engage in a partnership with its European interpretation, with its emphasis Homegrown reform allies in the Middle East and in Europe if on building bridges, fostering educational any of the ideas he and others have put on Participants echoed Representative Turn- improvements and cultural exchange, but the table are to be effective. er’s argument that it is essential that the the point was made that regional coopera- A Battle of ideas U.S. support moderate forces in the Arab tion is also necessary. Where the U.S. is still Participants generally agreed with the world, to ensure that they prevail over ex- focused only on bilateral trade agreements spirit of Representative Turner’s remarks, tremists. As another participant pointed out, in the Middle East, for example, the E.U. is and that fighting the war on terror must in- some of the extremists’ arguments on impor- trying to negotiate regional trade agree- volve a battle to win the minds of those in tant issues such as women’s rights are very ments. The E.U. also sees accession to the the Arab and Muslim worlds. In the short- weak, and they have no agenda of their own. World Trade Organization by nations in the term, we must confront the immediate, day- Tim Roemer noted the recent op-ed by Presi- Middle East as important, and as in itself a to-day threats from those who participate in dent Musharraf of Pakistan calling for ‘‘en- way to promote reform. acts of terrorism, rooting out known ter- lightened moderation’’ makes exactly this On the whole, the European Union view is rorist groups and their leadership, and pre- case. that it has been listened to by its U.S. coun- venting wherever possible the emergence of Responding to Turner’s ideas for pro- terparts, but there is still some frustration new groups of activists. This is primarily a moting political, economic, and educational that long-time European efforts and invest- security issue, which involves the U.S. en- reform in the Middle East, participants ments of human and financial capital in the gaging with security and intelligence serv- agreed that any of these proposals would be Middle East have not been recognized. ices internationally. As one participant ob- beneficial. But they urged that the U.S. not Although fresh ideas are appreciated, it is served, it is important to understand that try to lump together the whole region but important to the E.U. that no initiatives are ‘‘threats don’t stop at anyone’s borders.’’ recognize that different approaches are need- introduced into the region that will either But the United States must also have the ed for different countries. Participants em- distract from or complicate those programs patience to confront what participants see as phasized the importance of homegrown re- already in place. Instead, new initiatives a significant generational challenge within form. ‘‘It’s very hard to address the problem need to be streamlined and coordinated with the Islamic world. Fully eliminating the ter- [of terrorism] by lumping together the entire existing projects. The Israeli-Arab peace rorist threat is a task that will take perhaps region and imposing reforms on them.’’ It process, for example, was described as at the ten or twenty years. If the United States is was also noted, for example, that a U.S.-Jor- heart of these efforts. to be effective over the long-term, it must danian partnership to increase exports from Speaking from a European perspective, it have some patience, and focus on accurately Jordan to the U.S. has been highly success- was observed that the U.S. should recognize defining terrorism—and identifying exactly ful, doubling household income in poorer that it has the power to put issues on the who the enemy is—in the minds of both areas of the country and creating over 22,000 table—but a fine balance needs to be main- Americans and Middle Easterners. job opportunities mostly in poverty areas, 85 tained between acting with haste and acting Participants pointed out that the number percent of which have been for women. It too slowly. ‘‘Like a bowl of soup,’’ one par- of people in the Middle East—and Muslims was pointed out, however, that such a pro- ticipant observed, ‘‘if you eat it too fast, it

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00038 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.232 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1905 burns you; if you let it go cold, it’s taste- PAYING TRIBUTE TO JON ASPER Hormel Food Company for 43 years, until he less.’’ retired in 1977. How and where to begin? HON. SCOTT McINNIS Bob was one of the first presidents of Camp OF COLORADO Some participants noted the need for the Fannin, a veteran’s association, that was origi- U.S. to be sensitive to the fact that coun- IN THE HOUSE OF REPRESENTATIVES nally the site for training soldiers in World War tries have their own timetables for reform. Friday, October 8, 2004 II. Bob was a loving man who had a ‘‘heart of Americans too often look for quick-fix solu- gold.’’ He devoted his life to helping veterans tions to problems, and think only in short- Mr. MCINNIS. Mr. Speaker, to place your life term, two-year cycles, whereas reformers in in danger for the sake of others is an honor- of Camp Fannin and was commonly the ‘‘go- the Middle East are willing to work for able and noble task, and that is exactly what to’’ man when something needed to be re- generational change. Yet it was also noted firefighters do regularly. Chief Jon Asper of the solved. His tireless spirit and heart-felt devo- that external prodding can sometimes be im- Greater Eagle Fire Protection District is a local tion were an inspiration to members of Camp portant and even vital for bringing much legend and hero whose main goal in life is to Fannin and the community of Tyler. needed reform. Turkey, for example, has had serve his community to the best of his abili- to accelerate the process of reform in order ties. Jon’s efforts are certainly commendable Bob is survived by his wife of 60 years, Lois to meet European Union requirements. One and I would like to take this opportunity to Gimble Hobkirk. Bob suffered a stroke 19 participant remarked, ‘‘Cultural and reli- thank him for the important role that he has months prior to his death, and Lois never left gious sensitivities should not be an excuse his bedside during the duration of his illness. for not doing what needs to be done.’’ played in protecting and serving the people of Colorado. Their marriage was blessed with two daugh- But where exactly should the longer-term ‘‘Jon Jon’’, as he is affectionately known, ters and a son. Jody Henning, Judy and her battle against extremism begin? Partici- has volunteered his time to the Eagle Volun- pants presented differing views. Education husband Olan Gotcher, and Robert ‘‘Bob’’ Jr. was acknowledged to be clearly a key factor teer Fire Department for nearly 20 years. He and his wife Pam survive their father. Bob is in winning the battle of ideas, and school has held various positions with the depart- also survived by his granddaughter Tracy ment, including Public Relations Officer, Fire systems may therefore be the most sensible Henning, four sisters-in-law, and numerous point to start any initiative that aims to Prevention Officer, Second Lieutenant Training prevent the rise of future terrorists. One dip- Officer, and Operations Captain, before be- nieces and nephews. lomat said, ‘‘You must support the voices of coming chief of the department. He has also Mr. Speaker, as we adjourn today, on behalf moderation and reason . . . they must pre- spent a career in business as the owner of of friends, fans, Camp Fannin, and the com- vail. When you introduce the sensitive issue Winterhawk Establishment, and as a friendly munity of Tyler, I would like to take this oppor- of education reform, it must be seen as a na- bartender and bar manager for a number of tional homegrown plan and not U.S.-in- tunity in the House of Representatives to pay spired.’’ But this is a long-term effort which local establishments. our last respects and honor the life of this will have results only over the longer term. Going above and beyond his duty as a fire- great Texan and veteran’s advocate—Bob fighter is par for the course when it comes to The need for judicial reform was also cited as Hobkirk. important to promoting confidence in the Jon. He is constantly trying to make himself a rule of law. better firefighter and stronger leader of his f Most participants advised putting eco- crew, taking numerous Continuing Education nomic reform slightly ahead of political re- classes towards a degree in Fire Science CONGRATULATING CALVARY form in the Middle East. The point was made Technology. He has also been an instrumental UNITED METHODIST CHURCH ON that political reform can be achieved in part figure in the Eagle County Firefighter Acad- THE OCCASION OF ITS 100TH AN- by motivating people to use the political op- emy and in providing a Drivers Education NIVERSARY tions that they already have. Creating job Class. Jon and his crew’s hard work and train- opportunities, however, and providing people ing have paid off numerous times in battling with immediate and tangible benefits, can forest fires, especially during the Ute Creek foster participation by providing hope that HON. PAUL E. KANJORSKI reform is a better way to move forward than Fire in the Summer of 2002. In 2002, the De- revenge. As one Senior Middle East diplomat partment received the Daily Point of Light OF PENNSYLVANIA Award, from the Points of Light Foundation put it, ‘‘Economic reform must come first IN THE HOUSE OF REPRESENTATIVES because we need to give people hope that this which honors individuals and volunteer groups way is the better way.’’ that have made a commitment to connect Friday, October 8, 2004 Separately, several participants said that Americans through service to help meet crit- it is essential for the U.S. to achieve ical needs in their communities. Mr. KANJORSKI. Mr. Speaker, I rise today progress in key policy areas, such as stabi- Mr. Speaker, Jon Asper acts with great to pay tribute to Calvary United Methodist lizing Iraq and seriously engaging in the commitment and leadership in all that he does Church in Berwick as its parishioners cele- Israeli-Arab conflict, to improve its image for his community as Chief of the Greater brate the joyful occasion of its 100th anniver- abroad and communicate its message effec- Eagle Fire Protection District. Jon never forgot sary. tively. that safety and protection came first and fore- Calvary United Methodist arose because Summary most for the people he served. It is my pleas- ure to recognize Jon before this body of Con- Christians living in the west end of Berwick The participants in the discussion fun- gress and this Nation. I would like to extend had a need for a place to worship. The in- damentally agreed that there is a need for crease in population left the need for a second more effective long-term strategies to coun- my appreciation to him for everything that he teract the challenge of extremist ideologies has done and wish him the best in his future Church. Calvary United Methodist, located on in the Arab and Muslim worlds. Some cau- endeavors. the corner of Orange and Warren Streets in tion was expressed about new U.S. initia- f Berwick, became a parish on October 6, 1904. tives, especially if unilateral. Congressman Turner’s multilateral and tailored approach HONORING ROBERT ‘‘BOB’’ Parishioners have chosen the motto for the was applauded as a place to begin dialogue HOBKIRK 100th anniversary fittingly from the Bible: ‘‘One over these issues. One Middle East Ambas- generation shall praise thy works to another, sador summarized the situation in the fol- HON. RALPH M. HALL and shall declare thy mighty acts,’’ Psalms, lowing way: ‘‘We all realize we have a prob- 145:4. lem. We all realize we want to solve it. We OF TEXAS are on the same side.’’ IN THE HOUSE OF REPRESENTATIVES Rev. Fred Fields is the pastor of Calvary Several participants called for additional Friday, October 8, 2004 United, and I ask my distinguished colleagues discussions such as this one, to address these Mr. HALL. Mr. Speaker, I am honored today to join me in congratulating Reverend Fields and other initiatives, as well as some key ex- to pay tribute to an outstanding citizen of today. The parishioners of this church should isting problems. It was agreed that such dis- be proud of their long-standing tradition of cussions are vitally needed to broaden under- Tyler, TX, the late Bob Hobkirk, who passed standing, improve communication and facili- away on July 29, 2004, at the age of 88. faith. tate concrete programs of cooperation Bob Hobkirk served in the U.S. Army for 41⁄2 among the U.S., the EU, and various Middle years during World War II as a drill sergeant Eastern countries. and weapons instructor. He was employed by

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.235 E11PT1 E1906 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 IN RECOGNITION OF CHIEF LARRY fornia for 85 years of ministry and invaluable HONORING KATHI MCDONNELL- LEWIS WHO RETIRES AFTER 35 service to the community. Since its founding, BISSELL YEARS OF DEDICATED AND DIS- Allen Temple has been a pillar of strength and TINGUISHED SERVICE AS A LAW leadership, and its tireless efforts have had a ENFORCEMENT OFFICER dramatic impact not only on the lives of its HON. ROSA L. DeLAURO members, but on the entire Oakland and East OF CONNECTICUT HON. ADAM B. SCHIFF Bay community. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Allen Temple Baptist Church began as 85th IN THE HOUSE OF REPRESENTATIVES Avenue Baptist Church in 1919. The church Friday, October 8, 2004 Friday, October 8, 2004 was organized by the Reverend J.L. Allen, Mr. SCHIFF. Mr. Speaker, I rise today to and was one of the first primarily African- Ms. DELAURO. Mr. Speaker, earlier this honor Chief Larry Lewis of the Alhambra Po- American congregations in East Oakland. Dur- year, the Town of Milford, CT lost one of its lice Department. Chief Lewis is a 35-year vet- ing the first several years following its estab- strongest advocates for seniors in Kathi eran of California Law Enforcement having lishment, 85th Avenue Baptist Church strug- McDonnell-Bissell when she lost her battle served in five municipal police agencies. Chief gled to survive. However, the congregation with kidney disease brought on by diabetes. Lewis began his distinguished career as a po- gradually became stronger, and after moving This month, residents and city leaders gath- lice cadet in West Covina, CA. to its current location on 85th Avenue, was re- ered to honor Kathi’s memory by dedicating As the police chief for Alhambra, Larry named in 1927 in honor of its founder. In the the newest addition to the Milford Senior Cen- Lewis has been an exemplary leader in work- years that followed, Allen Temple not only ex- ter in her honor. I am proud to stand today to ing with his department to strengthen its appli- panded its membership, but also began estab- join them in paying tribute to Kathi whose tire- cation of the community policing philosophy as lishing the first of the many community service less efforts made such a difference in the lives well as the department’s commitment to eth- programs for which it is now known. of so many. ical and professional behavior. He has insti- Allen Temple’s current Pastor, a great and Senior centers play a vital role in our com- tuted effective review procedures of police use magnificent servant of God, Dr. J. Alfred munities and this is especially true of the Bald- of force and vehicle pursuits and introduced win Senior Center. All too often, what are sup- less lethal weapons and in-vehicle camera Smith, Sr., was installed as the church’s lead- er in 1969, and brought with him the sense of posed to be one’s ‘‘golden years’’ are filled systems into department operations. In 2003, with struggles. Health concerns, increasing as a result of Chief Lewis’ efforts, the depart- energy and direction that would serve not only to rejuvenate the church’s existing programs, health care costs, the loss of independence— ment replaced its aging information technology these are just some of the challenges our sen- but to initiate several new ones. The Pastoral system resulting in a new records manage- iors face. Perhaps even more devastating is Staff was organized, which not only increased ment and computer aided dispatch system, the sense of loneliness that can come as one the scope and effectiveness of the church’s mobile data computers in police vehicles, and moves through their later years. Providing in- operations, but which today has grown to in- mapping system as well as improved crime valuable programs and services, senior cen- clude over a dozen ministries. In the decades analysis abilities. ters make a real difference in the lives of that followed, Allen Temple’s presence within An active member of the community, Larry some of our most vulnerable citizens. That is Lewis has served on several professional the community would become even stronger why they are so important to our seniors and boards as well as community service associa- as it continued to establish initiatives such as our communities. Kathi recognized this need tions such as Rotary International and the the Allen Temple Baptist Church Federal and, under her leadership, what began as a YMCA. He has taught and lectured on topics Credit Union, the senior and disabled housing small office in the basement the Mary Taylor of police use of force, sexual harassment pre- facilities at Allen Temple Arms I-III, the Radio United Methodist Church has grown into one vention, supervision, executive leadership and Ministry, and the Allen Temple Hispanic Min- of the most respected seniors centers in the community policing. In addition, Chief Lewis istry. In addition, the church went onto estab- State, boasting over 4,000 active members. served as the 2002 president of the Los Ange- lish the Allen Temple Community Outreach les County Police Chiefs Association, rep- Center, the Allen Temple Family Life Center, Kathi served as the Senior Center’s Execu- resenting 46 municipal law enforcement agen- the Leadership Institute, and Allen Temple tive Director for over 30 years—even her de- cies in the county. Manor, a 24-unit building of affordable housing clining health could not dissuade her from Chief Lewis received a bachelor of arts de- for persons who are disabled due to HIV/ continuing efforts to improve the quality of life gree in political science and masters in public AIDS. for Milford’s seniors. I had the remarkable op- administration from California State University, portunity to work with Kathi on a variety of In recent years, Allen Temple’s involvement Fullerton as well as a masters of science de- projects over the years and was constantly in has become increasingly vital in the support gree in management from Cal Poly University, awe of her endless energy, compassion, and and guidance of individuals recently released Pomona. He is a graduate of the POST Com- drive. She was one of the most dedicated indi- from prison, and those who are HIV positive or mand College, returning as a presenter during viduals I have ever had the privilege of know- living with AIDS. The Dr. J. Alfred Smith, Sr. class orientations. ing, dedicating not only her career, but much Known for his charisma and sense of Training Academy provides job training to doz- of her own time to creating a Senior Center humor, Chief Lewis is a popular master of ens of parolees each year. The Allen Temple which was a resource for area seniors as well ceremonies for various community and charity AIDS Ministry works to provide spiritual sup- as a source of pride for the community. While events. port and essential medical and social services it will be the last of such examples, the com- Chief Lewis celebrates 32 years of marriage to those living with HIV and AIDS, and works pletion of the new ten thousand squarefoot, to his wife, Irene in 2004. They enjoy family with the Alameda County AIDS Interface to two-story addition to the Senior Center is a re- outings with their son, Steve, and daughter-in- make these services more widely available. flection of Kathi’s dedication and commitment law, Penny. On October 17, 2004, Allen Temple Baptist to providing for the ever-changing needs of I ask all Members of Congress to join me Church will celebrate its 85-year anniversary her community’s seniors. today in congratulating Alhambra Police Chief in Oakland, California. I would like to honor For her outstanding an unparalleled service, Larry Lewis on an impressive and long span- this occasion by commending the church for I am proud to stand today to join her husband, ning career in law enforcement. the vital role it has played not only as a great Robert; her children, Suzanne, Amy, and f religious institution, but for the indispensable Betsy; family, friends, colleagues, and commu- HONORING ALLEN TEMPLE social and human services and support it pro- nity leaders in paying tribute to Kathi McDon- BAPTIST CHURCH vides to the people of Oakland. By setting the nell-Bissell. Her lifetime of generosity has standard of service and commitment for insti- touched the lives of thousands and left an in- HON. BARBARA LEE tutions of faith and community improvement delible mark on the Milford community. Kathi throughout its 85 years of ministry, Allen Tem- was an extraordinary woman whom I consider OF CALIFORNIA ple has contributed immeasurably to the Oak- myself fortunate to have called my friend. IN THE HOUSE OF REPRESENTATIVES land community, our country, and the world. Though she will be missed by many, I believe Friday, October 8, 2004 On behalf of the Ninth Congressional District, her legacy will continue to inspire all of those Ms. LEE. Mr. Speaker, I rise today to honor I salute and congratulate Allen Temple Baptist who knew her—serving as an example to us Allen Temple Baptist Church of Oakland, Cali- church on the occasion of its 85th anniversary. all of what a community advocate should be.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.240 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1907 PERSONAL EXPLANATION The Spina Bifida Association of America 796, to the floor today. I also want to thank (SBAA), an organization that has helped peo- the cosponsors for their interest in this bipar- HON. BOB FILNER ple with Spina Bifida and their families for over tisan bill. OF CALIFORNIA 30 years, work tirelessly to prevent and re- H. Res. 796 recognizes and supports efforts IN THE HOUSE OF REPRESENTATIVES duce suffering from this devastating birth de- to promote greater civic awareness among the fect. There are approximately 60 chapters people of the United States. The resolution Friday, October 8, 2004 serving over 125 communities nationwide and recognizes those organizations and groups Mr. FILNER. Mr. Speaker, on rollcall No. I would like to acknowledge and thank SBAA that actively promote voter registration and 511, I was in my congressional district on offi- and the Spina Bifida Association of Tennessee participation, as well as those communities cial business. Had I been present, I would for all that they have done for the families in and schools that have instituted civic aware- have voted ‘‘aye.’’ my state affected by this birth defect. I would ness programs. f especially like to thank Scott Price of Nash- The resolution also encourages local com- munities and elected officials at all levels of IN RECOGNITION OF MONCRE ville, a Spina Bifida Association Foundation government to promote greater civic aware- TELEPHONE COOPERATIVE Board member for his great work. In closing, I would like to thank the Spina ness among the electorate and greater partici- Bifida Association of America for allowing me pation in the upcoming elections. HON. MIKE ROGERS to be a part of their roast and wish them the The Constitution of the United States estab- OF ALABAMA best of luck in their endeavors throughout the lishes a representative form of government, IN THE HOUSE OF REPRESENTATIVES year. I urge my colleagues here in the House and throughout our Nation’s history, many Friday, October 8, 2004 to support the important efforts of the SBAA groups of people have fought, protested, ral- Mr. ROGERS of Alabama. Mr. Speaker, I and to remember those affected by Spina lied, and died for the right to vote. The 15th, rise today in recognition of the 50th anniver- Bifida, particularly during this month. 19th, 24th, and 26th amendments to the Con- sary of the MonCre Telephone Cooperative in f stitution represent some of those hard-won Ramer, Al. voting privileges. PAYING TRIBUTE TO DORA The percentage of Americans registered to MonCre began operations in 1954 to bring VALDEZ phone service to the unserved rural areas of vote unfortunately has declined in the last 10 Montgomery, Crenshaw and eventually years. There is no better time to make citizens Bulloch and Pike counties, and was the vision HON. SCOTT McINNIS more aware of the importance of exercising of the late founder and Montgomery Advertiser OF COLORADO their right—and their responsibility—to vote. columnist Mildred Smith of Ramer. IN THE HOUSE OF REPRESENTATIVES Voting is fundamental to our representative Today, MonCre employs 24 highly trained Friday, October 8, 2004 form of government—and as Members of Con- technicians and staff, and serves approxi- gress we must support and promote civic Mr. MCINNIS. Mr. Speaker, I rise today to mately 3,500 households. Services offered 50 awareness and participation. pay tribute to Dora Valdez, a dedicated em- years later are far different from those of 1954 Our democracy is a government of all the ployee of Delta County, CO who was recently and now include a wide range of telephone, people, by all the people, and for all the peo- honored for 25 years of impeccable service internet and DSL services. ple. All those eligible to vote have an equal It’s not often we have the opportunity to rec- with the County. Dora is a responsible em- voice in determining the future of our great ognize the achievements and contributions of ployee who engenders the trust of everyone Nation. H. Res. 796 promotes greater aware- a community institution like MonCre, and I ap- she encounters, and it is an honor to recog- ness of one of the greatest privileges we have preciate the House’s attention to the matter at nize her many years of service to her commu- as American citizens—the right to vote—and I this important occasion. nity before this body of Congress and this Na- urge my colleagues on both sides of the aisle tion. f to join in supporting this timely measure. Dora was born and raised in Delta and has f RECOGNIZING OCTOBER AS NA- been an active member of her community her TIONAL SPINA BIFIDA AWARE- entire life. She has worked with four county HONORING J.D. ROGERS NESS MONTH clerks and managed all areas within that do- main including motor vehicles, recording, elec- HON. DALE E. KILDEE HON. HAROLD E. FORD, JR. tion, cashier, and birth and marriage license OF MICHIGAN OF TENNESSEE departments. Dora is bilingual and aides many IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES members of the Spanish community by trans- lating for other offices. Dora enjoys her work, Friday, October 8, 2004 Friday, October 8, 2004 and has helped to many citizens in times of Mr. KILDEE. Mr. Speaker, I rise before you Mr. FORD. Mr. Speaker, I would like to take need. today to pay tribute to Mr. J.D. Rogers, III, this opportunity to pay tribute to the more than Mr. Speaker, Dora Valdez has spent 25 who on September 18, 2004 was honored dur- 70,000 Americans and their many family mem- years serving her local government in Delta ing the UAW Local 599 Walter Reuther award bers who are currently affected by Spina County. Her dedication to her community is ceremony in Flint, Michigan for his contribu- Bifida. October is National Spina Bifida Aware- highly commendable and I am honored to rec- tions as the longest-serving production com- ness Month and I hope our colleagues will join ognize her many years of service before this mitteeman in the history of the Local. this effort to raise awareness about this dis- body of Congress and this Nation. Thank you J.D. Rogers began his leadership career ease and recognize those Americans, includ- for all your hard work, Dora, and I wish you, within UAW Local 599 in 1976 when he was ing many of my constituents. and your family all the best in your future en- elected as Alternative Committeeman. One Spina Bifida is the Nation’s most common, deavors. month after assuming his post he was elected permanently disabling birth defect occurring f to fulfill the position of the recently resigned when a neural tube defect prevents the central Committeeman. His superior leadership skills nervous system from closing properly during RECOGNIZING AND SUPPORTING and support of the union membership granted the early stages of pregnancy. Each year EFFORTS TO PROMOTE GREATER him several unopposed elections to this post. more than 4,000 pregnancies are affected, CIVIC AWARENESS AMONG PEO- J.D. is committed to fulfilling Walter and of these, 1,500 babies are born with the PLE OF THE UNITED STATES Reuther’s mission of helping people, and en- disease. suring human dignity and social justice for all. I was honored to be a part of the 16th An- SPEECH OF His hard work and dedication to the duties of nual Roast for Spina Bifida on September HON. RALPH M. HALL his elected position is commendable. His 26th. During that dinner, Senator LINDSEY OF TEXAS deeds are self evident in the faith the mem- GRAHAM, Redskins owner Dan Snyder, and I IN THE HOUSE OF REPRESENTATIVES bers of 599 have bestowed upon him in allow- roasted former CNN Anchor Bernard Shaw. I ing him to be re-elected. His service to the am pleased to report that even under fire, a Wednesday, October 6, 2004 UAW extends many years and is highly re- now retired Shaw was as cool, calm, and col- Mr. HALL. Mr. Speaker, I want to thank the garded. lected as he had been during his time on majority leader, Mr. DELAY, and Chairman BOB Mr. Speaker, many people have greatly CNN. He was truly a fantastic sport. NEY for bringing this timely resolution, H. Res. benefited from the leadership and service of

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.243 E11PT1 E1908 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Mr. J.D. Rogers. His commitment to the UAW SALUTING EDWARD KUSSMAN require the EPA to establish a national primary membership is unwavering. I ask my col- standard for drinking water for perchlorate— leagues in the 108th Congress to please join HON. HOWARD L. BERMAN otherwise known as rocket fuel. me in congratulating him on obtaining his OF CALIFORNIA Perchlorate is a component of rocket fuel— mark in history and in wishing him the very IN THE HOUSE OF REPRESENTATIVES used heavily by the military and its defense best in future endeavors. contractors. Perchlorate contamination in Cali- Friday, October 8, 2004 f fornia is primarily the result of releases from Mr. BERMAN. Mr. Speaker, I rise today to 12 military and defense contractor sites. It dis- COMMENDING THE NATIONAL OCE- ask my colleagues to join me in saluting Mr. rupts the functioning of the thyroid, resulting in ANIC AND ATMOSPHERIC ADMIN- Edward Kussman, a civil rights activist and a behavior changes and delayed development in ISTRATION good friend, who is being honored on October children and thyroid tumors in adults. It re- 15, 2004, by the Fair Housing Council of the moves valuable water supplies from service. HON. ALCEE L. HASTINGS San Fernando Valley. Mr. Kussman, who Today, communities across the country are OF FLORIDA moved to Pacoima in 1956, is a remarkable finding perchlorate in their drinking water, IN THE HOUSE OF REPRESENTATIVES man with many accomplishments and I have groundwater, irrigation water, and soil. In mid Friday, October 8, 2004 been greatly honored to work with him over 1997, the Metropolitan Water District of South- the last 20 years on many important commu- ern California discovered perchlorate in the Mr. HASTINGS of Florida. Mr. Speaker, I nity issues. lower Colorado River. It was traced to a Kerr stand before you as a citizen of a state that For more than seven decades, Ed has McGee plant in Henderson Nevada. Releases has been devastated by four major hurricanes unwaveringly fought to end racial and other to Lake Mead and the Lower Colorado River in the past several weeks. For the first time in forms of discrimination and to improve oppor- have impacted the drinking water supply of 15 a century, four hurricanes, Charley, Ivan, tunities in education, housing and employ- to 20 million people in Arizona, southern Cali- Frances and Jeanne, hit Florida, within one ment. He is a founding member of the Fair fornia, southern Nevada, Tribal nations and month. My district, in particular has been Housing Council of the San Fernando Valley Mexico. Today more than 120 wells in Los An- forced to deal with the most horrendous ef- and has been an active member for the past geles County have been found to be contami- fects of these vicious natural disasters. As the 45 years. He has also served seven consecu- nated with varying levels of perchlorate. devastation from these Hurricanes struck my tive terms as President of the San Fernando In the district I represent the water providers state, district, and constituents, the service Valley Chapter of the NAACP, was President are struggling to handle the plumes of per- and resolve of the National Oceanic and At- of the Pacoima Chamber of Commerce, chlorate, the legacy of Aerojet. The City of mospheric Administration (NOAA) proved to served for 25 years as a board member of the Baldwin Park hosts the nation’s first per- be outstanding. On behalf of all my constitu- San Fernando Valley Neighborhood Legal chlorate treatment facility—a necessity in ents, I would like to commend the dedicated Services, was the Past President of Northeast order to maintain the reliability and availability service of the National Oceanic and Atmos- Valley Health Corporation, and is currently the of safe drinking water. My community faces pheric Administration and its employees. Commissioner of the Los Angeles County costs over the next 15 years of at least $200 The citizens of Florida would not have been Commission on Aging. His civic involvement is million as the result of perchlorate contamina- able to withstand the disastrous effects of as impressive as it is extensive. tion. Yet there exists no enforceable public these hurricanes if it were not for the fortitude Ed began his fight against racial inequality health standard to ensure our drinking water is and service of the National Oceanic and At- in a time when African Americans were ex- safe. mospheric Administration (NOAA). They’ve cluded from accessing many forms of employ- This bill requires the EPA to establish a na- never hesitated to fly into the eye of a hurri- ment and denied entry into public places. His tional primary drinking water standard. Without cane to gather information about possible fight for equal rights was instrumental in the this, there is no requirement for water to have landfall, and NOAA was one of the primary state of California’s passing the historic safe levels of perchlorate and water providers agencies that my office dealt with in seeking Rumford Act prohibiting discrimination in hous- will continue to struggle with guaranteeing information and expert advice to combat the ing. His influence is far reaching and con- long term reliability of safe water sources. In- dangerous situation my constituents were tinues to play an essential role in the lives of action poses an unreasonable risk to both our placed in because of these storms. When peo- community members. He is an influential valuable water supply and our health. ple needed to be warned of these storms, member of my Senior Advisory Council and f NOAA was there to respond. NOAH and its has been a trusted counselor to me on many employees are a tremendous service to my of- important issues. HONORING STEVE AND NANCY fice and constituents. Born in New Orleans, Ed attended Straight BUTCHER In this time of crisis, NOAA’s National Hurri- University, Louisiana Frank Wigins Trade cane Center provided 496 live television inter- Tech, and UCLA. He has taken an active part HON. PATRICK J. TIBERI views and 567 telephone briefings to the in his community and has earned many OF OHIO media. The information contained in these awards including Man of the Year Award from IN THE HOUSE OF REPRESENTATIVES briefings was relayed to millions of Floridians, Beta Pi Sigma Zeta Chapter, the NAACP Friday, October 8, 2004 allowing for the safe evacuation of more than Freedom Award and Los Angeles’s Urban 4 million Florida residents during Hurricane League Award. Mr. TIBERI. Mr. Speaker, I rise today to Frances alone. All together, more than 1,000 Edward Kussman is married and has four congratulate Mr. and Mrs. Steve and Nancy hurricane watches, warnings, and advisories daughters. Butcher who have been honored by the Na- were issued during Hurricanes Charley, Ivan, Mr. Speaker and distinguished colleagues, I tional Restaurant Association as 2004 Res- Frances and Jeanne. NOAA provided updated ask you to join me in saluting Edward taurant Neighbor Award Finalists. Mr. and Mrs. satellite images of all four Hurricanes every Kussman for his impressive career, dedication Butcher own the Nutcracker Family Restaurant five minutes over the days leading to their to the people of California and his many years in Pataskala, Ohio. landfall. of making a difference. Mr. and Mrs. Butcher led the community of Pataskala in commemorating Flag Day in For more than 30 years, NOAA, has been f working for America every day. Their knowl- 2004 and honoring U.S. troops abroad. They edge, data gathering, and service have saved SAFE DRINKING WATER FOR organized local businesses and citizens to the lives of so many. From providing timely HEALTH COMMUNITIES ACT OF sponsor flags and display them all over the and precise weather, water and climate fore- 2004 town of Pataskala and it’s main streets. They casts to monitoring the environment and mak- hosted a community dinner, two sold-out golf ing our nation more competitive through safe HON. HILDA L. SOLIS scrambles and a lunch for more than 120 par- navigation and examining changes in the OF CALIFORNIA ticipants to raise money for their organization, oceans, NOAA is on the front lines in the serv- IN THE HOUSE OF REPRESENTATIVES Flags Over Pataskala. The money they raised ice of our great country. went to the Licking County Family YMCA and Mr. Speaker, I am honored to recognize the Friday, October 8, 2004 the Pataskala Parks and Recreation Depart- service of such a valued Federal institution Ms. SOLIS. Mr. Speaker, today I rise to in- ment. Their efforts reinvigorated the patriotic such as the National Oceanic and Atmos- troduce the Safe Drinking Water for Healthy holiday by selling 168 new flags and dis- pheric Administration. Communities Act of 2004. This legislation will playing 500 smaller flags throughout town.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.248 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1909 The Butchers have a long history of service than a small cigar. Small cigars make up a Texas, recipient of the 2004 American Opto- to their country: Mrs. Butcher served in the Air small percentage of sales in the overall mar- metric Association’s Optometrist of the Year National Guard for 14 years, and Mr. Butcher ket, and about 2 percent of all excise taxes on award. spent 26 years in the U.S. Air Force. When cigars are collected from small cigars. Yet After serving his country in the United asked why they use their restaurant to lead under the American Jobs Creation Act, small States Army and Texas Army National Guard, patriot efforts, Mr. Butcher said, ‘‘Its like any- cigar manufacturers will pay about 35 percent Dr. Coble graduated from the University of thing else, it’s just something you naturally of the new assessments, unless the Secretary Houston College of Optometry and began his know is right. There are a lot of organizations of Agriculture—when writing the rules—recog- distinguished career as an optometrist. He out there that need help.’’ nizes this distinction between small and large currently practices optometry in Greenville Again, I commend Mr. and Mrs. Butcher for cigars. Otherwise, small cigar manufacturers where he also serves as clinical staff at Pres- their efforts in Pataskala and congratulate will be assessed at a level that is far out of byterian Hospital and as a liaison to the Medi- them on being finalists for the Restaurant proportion with both their current excise tax care Carrier Advisory Committee. He is also Neighbor Award. burden and their overall market share. active in the North East Texas Optometric So- f Mr. Speaker, this is supposed to be a jobs ciety, the Texoma Optometry Society, and the bill, but ironically, I believe it will eliminate to- Student Texas Optometric Society. CONFERENCE REPORT ON H.R. 4520; bacco jobs in my state. For the Florida cigar Dr. Coble frequently dedicates his time and AMERICAN JOBS CREATION ACT industry, this provision is a job killer. I would skill to a number of civic and volunteer organi- OF 2004 hope this issue could be revisited in the future zations. He is active in the Greenville Cham- and a correction be made to reverse this un- ber of Commerce, the Greenville Rotary Club, SPEECH OF fair tax increase. and the United Way of Hunt County. Addition- HON. ANDER CRENSHAW I look forward to working with the Secretary ally, Dr. Coble is involved in mentoring local youth, performing vision screenings for the OF FLORIDA of Agriculture to fix this issue and ensure the Dallas Headstart program, coaching YMCA IN THE HOUSE OF REPRESENTATIVES tax is assessed on those manufacturers actu- baseball and basketball teams, and serving as Thursday, October 7, 2004 ally utilizing program tobacco. Since there is no per unit assessment level for cigars set in Boy Scout Leader. Mr. Speaker, on behalf of the 4th District of Mr. CRENSHAW. Mr. Speaker, I rise today the bill, I trust the Secretary Will recognize the Texas, I would like to congratulate and com- to express my strong opposition to an unfair inherent differences in small and large cigars mend Dr. Coble for his recognition by the tax increase contained in the conference re- and set the assessment based on the market American Optometric Association and his con- port of H.R. 4520, the American Jobs Creation share of the product. Act of 2004. tinued involvement in the community. f Overall I believe this bill is well crafted and f contains a great number of provisions that will PAYING TRIBUTE TO CAROLYN HONORING MO FELLING significantly benefit individuals, businesses CLEMENS and other job creators in this Nation. I com- mend the Ways and Means Committee and HON. DALE E. KILDEE HON. SCOTT McINNIS OF MICHIGAN Chairman Bill Thomas for their hard work and OF COLORADO IN THE HOUSE OF REPRESENTATIVES determination on this complex and vital piece IN THE HOUSE OF REPRESENTATIVES of legislation. Friday, October 8, 2004 I must, however, express my strong opposi- Friday, October 8, 2004 Mr. KILDEE. Mr. Speaker, I rise before you tion to an unfair tax increase for Florida’s cigar Mr. MCINNIS. Mr. Speaker, I rise today to today to pay tribute to Mr. Mo Felling for at- manufacturers. A provision added in the final pay tribute to Carolyn Clemens, a dedicated taining the honor of being the longest serving hours of the conference will force cigar mak- employee of Delta County, Colorado who was skilled trades committeeman in the history of ers to pay for a tobacco buyout that has noth- recently honored for 25 years of impeccable UAW Local 599 in Flint, Michigan. On Sep- ing to do with the kind of tobacco used in ci- service with the County. Carolyn is a respon- tember 18, 2004, the UAW Local 599 mem- gars. This new provision—which was not in- sible employee who engenders the trust of ev- bers will honor Mr. Felling during their annual cluded in either the House or Senate-passed eryone she encounters, and I have the pleas- Walter Reuther award ceremony. versions of the American Jobs Creation Act— ure of recognizing her many years of service Mo Felling began his leadership career with- amounts to a $282 million tax increase and to her community before this body of Con- in UAW Local 599 in 1977 when he was elect- Florida companies will pay more than 75 per- gress and this Nation. ed to the post of Alternative Committeeman. In cent of this new tax. Carolyn came to Delta with experience as a 1980 he was elected to the post of committee- Mr. Speaker, well over 95 percent of the to- legal secretary and a background in account- man, a position he has held successfully to bacco grown in this country is produced under ing. She began her work with the county as an this date. His impeccable service and love for a federal price support program. Cigar manu- executive legal secretary to County Attorney his fellow members is commendable. He is facturers do not use the type of tobacco pro- and the County Commissioners where she ob- committed to upholding the mission set forth duced under this program. According to indus- tained permits for all the counties gravel pits. by Mr. Walter Reuther; which is to help peo- try reports, 99.9 percent of all quota tobacco Carolyn is currently an Administrative Assist- ple, and ensuring human dignity and social produced in the United States in 2002 was ant working directly with the County Adminis- justice for all who are employed within the used by someone other than a cigar manufac- trator. manufacturing automobile industry. I salute turer. Yet under the American Jobs Creation Mr. Speaker, Carolyn Clemens has spent 25 Mr. Felling for his great attention to detail and Act, cigar makers are being forced to finance years serving her local government in Delta on a job well done. the phase-out of this government support pro- County. Her dedication to her community is Mr. Speaker, many people have greatly gram. Assessing cigar makers for the tobacco highly commendable and I am honored to rec- benefited from the leadership and service of buyout fails any test of fairness. We should ognize her many years of service before this Mr. Mo Felling. I ask my colleagues in the not increase taxes on an industry by imposing body of Congress and Nation. Thank you for 108th Congress to please join me in congratu- so-called ‘‘assessments’’ unless the new tax all your hard work Carolyn, and I wish you, lating him on obtaining his mark in history and has something to do with the purpose of the and your family all the best in your future en- in wishing him the very best in future endeav- new program. deavors. ors. f To make matters worse, the cigar tax as- f sessments appear to be imposed unfairly with- CONGRATULATING TAIWAN ON ITS RECOGNIZING DR. JOHN COBLE, OD in the cigar industry. The Internal Revenue NATIONAL DAY Code distinguishes between ‘‘small’’ cigars and ‘‘large’’ cigars. Unlike cigarettes, cigars HON. RALPH M. HALL come in a wide variety of shapes, sizes, and HON. ALCEE L. HASTINGS OF TEXAS OF FLORIDA weights. The tax code recognizes these dis- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tinctions. A 10 cent cigar is not taxed the same as a $15 premium cigar. Under the tax Friday, October 8, 2004 Friday, October 8, 2004 code, a premium ‘‘large’’ cigar might pay an Mr. HALL. Mr. Speaker, today I am honored Mr. HASTINGS of Florida. Mr. Speaker, Oc- excise tax amount that is 25 times greater to recognize Dr. John Coble of Greenville, tober 10 marks the National Day of Taiwan,

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00043 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.252 E11PT1 E1910 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 and I rise today in support and to congratulate with the Arizona Attorney General’s Office, riage, which lasted 54 years, was truly a story this beacon of democracy and freedom. where he progressed through the office ranks of love and admiration. Jack and his wife also Taiwan has much to celebrate this National from trial attorney to Chief Counsel and Senior were the proud parents of two sons, Andrew Day. It is a vibrant democracy where individual Prosecutor, Criminal Division, during his 26 and Kevin. freedom is given the appreciation it certainly years of service. Through the administrations After returning from World War II, Jack at- deserves. It is undeniable that Taiwan has of numerous Attorneys General, who differed tended college, receiving his undergraduate moved rapidly toward full democracy. Elec- in their management styles and who were degree from the University of Missouri, Colum- tions for important posts in the government often from different political parties, Mike’s tal- bia, and his law degree from Cumberland Uni- are held regularly, political parties have ents for administration and skills as a litigator versity. In 1951, Jack was admitted to the Mis- reached an established level of maturity, and were consistently recognized and highly val- souri Bar. He first began practicing law with people actively participate in the democratic ued. his father in Harrisonville in 1951 at the law process. Taiwanese citizens have a greater He is held in high esteem by his colleagues, firm that is now Anderson and Milholland P.C. control over affairs of state than ever before. opponents, and judges for his trial skills, integ- and continued to work there until his retire- There are so many throughout the inter- rity, professionalism, and most of all, his ment in 2003. Also, Jack was elected to four national community who sincerely appreciate sound judgment. Often he served as lead trial terms as Cass County Prosecuting Attorney, the political aspirations of Taiwan. Taiwan counsel in some of the most difficult and chal- serving in this position from 1954 to 1962. In stands like an obelisk of democracy and hope lenging cases facing the Attorney General’s 1976, he began serving as my campaign in the South China Sea. Unfortunately, so Office. A man of courage and conviction, Mike treasurer. many throughout the world have never fully always adhered to the principles of fairness, Jack also made significant contributions to benefited from all that Taiwan has to offer. For justice, and the rule of law. the community. He served over 25 years on example, many of the medical advancements Mike has always taken great pride in men- the Board of Directors of Allen Bank and Trust made by Taiwanese doctors and scientists toring new attorneys, inculcating them with a and over 25 years as Municipal Judge for the have not been shared with the world because deep appreciation and respect for the duties City of Harrisonville. Jack also was a member Taiwan lacks WHO membership. Taiwan en- and responsibilities of serving as a member of of Our Lady of Lourdes Catholic Church in joys one of the highest life expectancy rates in the legal profession, especially those engaging Harrisonville. Asia, has relatively low infant and maternal in public service who often bear being held to Mr. Speaker, Jack was a valuable leader in mortality rates, and has eradicated major in- a higher standard. He often opined that being his church and community who was respected fectious diseases such as cholera, smallpox, an attorney was a privilege. Mike exemplified by everyone who knew him. He was a dear and polio. Additionally, Taiwan’s government the highest and most honorable attributes ex- friend of mine who had a deep faith. He will was the first in the world to provide children pected of an attorney, and those who came be missed by all. I know the members of the with free hepatitis B vaccinations. The suc- under his tutelage were fortunate indeed. House will join me in extending heartfelt con- cesses of Taiwan’s medical experts must no Despite dealing with the frailties of individ- dolences to his family. longer remain locked in a chamber of politics, uals who entered the criminal justice system, f and access to these ideas must be extended Mike has maintained an optimistic perspective to all countries. about the human spirit and our society. He HONORING MARY MONINGER-ELIA The international community must recognize has always remained positive about the world FOR HER OUTSTANDING SERVICE that each country in the world will benefit we live in and about the future of our Nation. multi-fold from Taiwan’s inclusion in the WHO, In his personal life, his love and devotion to HON. ROSA L. DeLAURO even if it is just as an observer. Until then, in- his family—wife Joanie, daughter Catherine, OF CONNECTICUT dividuals in need of medical assistance and son John—are the cornerstones of his IN THE HOUSE OF REPRESENTATIVES life’s journey. Despite some recent challenges throughout the world will not fully benefit from Friday, October 8, 2004 the wonderful advancements Taiwan has to his health, which have caused an early re- made in the field of medicine. tirement, Mike maintains his sense of humor Ms. DELAURO. Mr. Speaker, it is with great Mr. Speaker, health has no borders, and and optimistic outlook. pleasure that I rise today to join the West certainly neither does disease. Providing Tai- Every now and again, a special individual Haven Federation of Teachers and School wan with observer status in the WHO is long intersects with our own life in a profound way, Nurses in honoring a very special member of overdue. Taiwan is one of the most dramatic and through his daily example creates a posi- our community—Mary Moninger-Elia. Teacher, success stories of Asia. I join the people of tive beam for us to follow. Michael C. Cudahy advocate, mentor, and friend, Mary has exem- Taiwan as they celebrate their National Day, is one of these special individuals, and it is for plified all that a community leader should be and may America’s support for the people of these reasons I want to honor my friend and and through her efforts has made a difference Taiwan be everlasting. former colleague today. in the lives of many. Our teachers are a vital resource for all of f f our communities. By giving our children the IN MEMORY OF ANDREW J. HONORING MICHAEL C. CUDAHY, tools and skills they will need—the foundation ‘‘JACK’’ ANDERSON IN RECOGNITION OF HIS DEDI- on which our young people will build their fu- CATED SERVICE TO THE CITI- ture success—the contributions teachers make ZENS OF ARIZONA AND THIS HON. IKE SKELTON to our children’s lives is invaluable. I have GREAT NATION OF MISSOURI often spoke of our nation’s need for talented, IN THE HOUSE OF REPRESENTATIVES creative educators ready to help our children HON. JOHN B. SHADEGG Friday, October 8, 2004 learn and grow. Mary was just that kind of OF ARIZONA Mr. SKELTON. Mr. Speaker, it is with deep teacher. IN THE HOUSE OF REPRESENTATIVES sadness that I inform the House of the death Mary began her career at West Haven High of Mr. Andrew J. ‘‘Jack’’ Anderson of School where she spent 25 years teaching Friday, October 8, 2004 Harrisonville, Missouri. Home Economics. During her tenure, one of Mr. SHADEGG. Mr. Speaker, I am pleased Jack was born in Harrisonville, Missouri on her most interesting additions to the cur- to speak on behalf of a fellow Arizonan and September 27, 1924, son of William Monroe riculum was the creation of a very successful former colleague, Michael C. Cudahy, in rec- and Prudilee (Mathews) Anderson. He grad- preschool program. The program paired 3 and ognition of his dedicated service to the citizens uated from Harrisonville High School in 1942 4 year old children with the high school stu- of the State of Arizona and this great Nation. and went on to answer his call to duty. Jack dents and served as a tool to teach students Mike grew up in Southern California and Ari- served his country by enlisting in the Navy in how to interact with toddlers. With many stu- zona in a family that had deep roots in the October 1942. He received a commission as dents having aspirations of becoming teachers cattle and meat packing industry. an officer and earned his wings as a Navy and parents, this innovative approach was a After graduating from Middlebury College in Fighter Pilot. After serving in World War II, first step in preparing for what one can expect Vermont and receiving his law degree from Jack came home and continued his service in from such young children. After 25 years with the University of Arizona College of Law, he the Navy reserves until 1959, when he was high school students, Mary decided to move to served as a law clerk to two justices on the discharged with the rank of Lieutenant. a different age group. She moved to Bailey Arizona Supreme Court. Mike spent the major- On March 27, 1945, Jack was united in Middle School where she taught both Study ity of his professional career as an attorney marriage to Dorothea Ann Gaston. Their mar- Skills and Social Science until her retirement

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.257 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1911 just 2 years ago. Throughout her career, Mary PAYING TRIBUTE TO WEST ELK only new high school constructed within Gen- touched the lives of thousands of students, MOUNTAIN RESCUE esee County in over 30 years. This is indeed helping them to realize their potential and an accomplishment worth commending. make their dreams a reality. HON. SCOTT McINNIS The new high school boasts state of the art In addition to her daily professional contribu- OF COLORADO technology, computer and science labs, a tions, Mary has long been a staunch advocate IN THE HOUSE OF REPRESENTATIVES media center, auditorium, gymnasium, and an outdoor athletic facility. The labs will allow the for teachers and education. She has worked Friday, October 8, 2004 with legislators at every level of government to school to fully support their new program enti- ensure that their concerns and needs were Mr. MCINNIS. Mr. Speaker, I rise today to tled ‘‘Project Lead the Way’’. This program in- heard. She was elected to serve on the Con- pay tribute to the West Elk Mountain Rescue troduces students to the demanding field of necticut AFL-CIO Executive Board and the team, a dedicated group of people from my Engineering and Digital Electronics. As stated Greater New Haven Labor Council. But per- home district who risk their lives so that others by their principal, Julie Clontz, Lake Fenton haps where she had the greatest impact was might live. This 22 member rescue team is High School is trying to in every way possible through her 24 year tenure as the President of composed of dedicated men and women that to adjust their curriculum to meet the needs of the West Haven Federation of Teachers and volunteer using their own resources to equip the students and help prepare them for life School Nurses—the longest consecutive term themselves with the knowledge to find and after high school. The completion of this beau- of any president of any American Federation rescue people in need. I want to take this op- tiful new facility and the implementation of of Teachers Local in Connecticut. Her dili- portunity to recognize their many years of these exciting educational programs is without gence, commitment and dedication earned her service to their community before this body of a doubt a step in the right direction. Super- a distinguished reputation throughout Con- Congress and this Nation. intendent Ralph Coaster has provided excel- necticut. In fact just prior to her stepping down The WEMR was created in 1996 and works lent leadership in this endeavor. in June of this year, Mary was honored by the under the authority of the Gunnison County Mr. Speaker, as a Member of Congress, I Connecticut branch of the American Federa- Sheriff’s office. The team consists of mainly consider it both my duty and privilege to work tion of Teachers with the prestigious Unionist men and women, but also includes a five-year to improve the quality of our public school sys- of the Year Award—the highest such honor old golden retriever/labrador mix rescue dog tem. I am glad that communities such as Lake bestowed by the organization. who aides local and national law enforcement Fenton share this sentiment. They continue to agencies. The human members of the team work diligently to ensure students have the We have certainly been fortunate to have an come from Crawford, Hotchkiss, Paonia, tools necessary to compete and succeed. I individual like Mary working so hard, not only Cedaredge, and Eckert to cover a search area ask my colleagues of the 108th Congress to on behalf of our students, but for our teachers encompassing both Delta and Gunnison coun- please join me in congratulating this fine com- and our education system as well. For her ties. Team members are certified and trained munity and its school district and in wishing many contributions and outstanding service, I in CPR/First Aid, emergency medical techni- them the very best in future endeavors. am proud to stand today to join the West cians, avalanche rescue, water rescue, tech- f Haven Federation of Teachers and School nical rock climbing skills, and general rescue. Nurses, family, friends, and colleagues in ex- The group acquires many of its members from INTRODUCING THE RELIEF FOR tending my sincere thanks and appreciation to people who were once in need of the team’s LIFE-SAVING BLOOD DONORS Mary Moninger-Elia for her lifetime of good services. ACT 2004 work. Hers is a legacy that will continue to live Mr. Speaker, West Elk Mountain Rescue is on through the many lives she has touched. a dedicated group of people who avail them- HON. ALCEE L. HASTINGS selves to the community everyday of the year OF FLORIDA f to provide search and rescue expertise to IN THE HOUSE OF REPRESENTATIVES those in dire need. These brave men and Friday, October 8, 2004 MARRIAGE PROTECTION women risk danger to their own lives and take AMENDMENT time away from their families to serve others. Mr. HASTINGS of Florida. Mr. Speaker, I Their dedication to their community is highly rise today to introduce the Relief for Life-Sav- SPEECH OF commendable and I am honored to recognize ing Blood Donors Act, a bill to provide a tax their service before this body of Congress and deduction for the selfless act of donating HON. MARILYN N. MUSGRAVE this Nation. blood. Each year, more than 4.5 million Americans f OF COLORADO need a life-saving blood transfusion, and IN THE HOUSE OF REPRESENTATIVES LAKE FENTON COMMUNITY about 25 percent of all Americans will need a SCHOOLS blood transfusion at least once in their life. Thursday, September 30, 2004 This means that almost every American will Mrs. MUSGRAVE. Mr. Speaker, I rise today HON. DALE E. KILDEE come to know, through their own experience to thank Dr. D. James Kennedy and his sup- OF MICHIGAN or through those of a friend or family member, porters for their support of the Marriage Pro- IN THE HOUSE OF REPRESENTATIVES the importance that the small act of blood do- tection Amendment. nation can make. Indeed, a single blood dona- Friday, October 8, 2004 tion can help as many as three people. Dr. Kennedy is a well-known Christian tele- Mr. KILDEE. Mr. Speaker, I rise before you While 60 percent of Americans are eligible vision and radio broadcaster whose programs today to bring to your attention an event that to give blood, only about 5 percent of that reach some three million people, weekly. Dr. took place in my district. On Saturday, August population, or about 8.8 million Americans, ac- Kennedy is President of Coral Ridge Min- 21, 2004, the Lake Fenton Community School tually do. According to the American Associa- istries, a Christian broadcasting organization, District gathered to mark the official ribbon tion of Blood Banks, the average donor is a founder and president of Evangelism Explo- cutting and formal dedication of their newly college-educated white male between the sion, a Christian lay-evangelism training pro- constructed Lake Fenton High School. The ages of 30 and 50, who is married and has an gram used in every nation, and Senior Min- celebration concluded on Sunday, August 22, above average income. Nevertheless, blood ister of Coral Ridge Presbyterian Church in 2004 with a non-denominational service and donations are increasingly coming from Fort Lauderdale, Dr. Kennedy is a respected community open house. women and minority groups, engendering and articulate advocate of the return to Chris- Lake Fenton High School was first dedi- greater participation at the community level by tian moral standards in public life. cated on May 19, 1961. With increasing enroll- members who seek to develop a more solid Dr. Kennedy’s Center for Reclaiming Amer- ment and changing educational needs, the sense of neighborhood unity. ica has collected the names of more than Lake Fenton Board of Education and the Lake America’s blood supply is critical to our Na- 430,000 petition signers who believe marriage Fenton Schools Support Services/Facilities tion’s seniors. While those aged 69 years and is the union of a man and a woman, and they Committee implemented plans to build a new older account for just 10 percent of the popu- are opposed to efforts to redefine it. These high school. Their hard work and dedication lation, they require 50 percent of blood trans- 430,000 citizens from across the nation have resulted in three elective bond activities, and fusions. This statistic will only increase with petitioned Congress to pass the Marriage Pro- the final product is the first newly built facility the aging of the Baby Boomer population, and tection Amendment. within the Lake Fenton School District, and the the need for blood will be even greater.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00045 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.260 E11PT1 E1912 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 While there is no current, nationwide short- the Year in 1963. Her half model is displayed HONORING THE SAINT NICHOLAS age of blood, regional and local shortages do in the club today. RUSSIAN ORTHODOX CHURCH AS occur. It is not hard to imagine that a major THEY CELEBRATE THEIR 75TH As a young man and rising star in the sail- national trauma, such as a terrorist attack, dis- ANNIVERSARY ing world, Dennis Conner sailed extensively ease, or natural disaster, could strain the blood supply even further. Since blood cannot on Cotton Blossom II. When he had the good fortune of acquiring Cotton Blossom II, Mr. HON. ROSA L. DeLAURO be manufactured, the system is reliant on peo- OF CONNECTICUT Conner assembled a team of the finest crafts- ple to donate their blood. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, donating blood is a small but men and shipbuilders to restore her with me- entirely selfless act that does nothing but help ticulous care to her original condition. Friday, October 8, 2004 those who need it most. Congress should sup- Mr. Speaker, I ask that you and my col- Ms. DELAURO. Mr. Speaker, it is with great port this endeavor, and encourage people to pleasure that I rise today to join the Reverend leagues in the People’s House join me in com- give blood as often as they can. George Lardas, members of the congregation, This legislation provides a $50 tax deduction mending Dennis Conner and his talented team and the Stratford, CT, community in extending for individuals who donate blood, with a max- of skilled craftsmen for preserving U.S. mari- my sincere congratulations to the St. Nicholas imum deduction of $150 a year. This max- time history with the restoration of the leg- Russian Orthodox Church as they celebrate its imum reflects the advice of blood bank centers endary wooden yacht Cotton Blossom II. 75th anniversary. This is a remarkable mile- and institutions that encourage people to give stone for this community treasure and I am blood three times a year. This relief is a small f proud to help them celebrate this momentous reward for people who do give, and an en- occasion. couragement for those who might need that RECOGNIZING SENATOR HAROLD The St. Nicholas Russian Orthodox Church extra little push to attend a blood drive. L. CASKEY was founded in 1929 by Russian emigres who I urge my colleagues to support this legisla- came to Stratford to work for Igor Sikorsky. tion, and call on the House to bring it expedi- The legendary Igor Sikorsky, the father of the tiously to the floor. HON. IKE SKELTON modern helicopter, was a founding member of f OF MISSOURI the church as well as one of its staunchest supporters throughout his life. With nearly all HONORING DENNIS CONNER, A IN THE HOUSE OF REPRESENTATIVES the members employees of Sikorsky’s com- WORLD-RENOWED SAILOR, ON pany, a Russian community quickly grew Friday, October 8, 2004 HIS RESTORATION OF THE LEG- around the church. Soon, what began as a ENDARY YACHT ‘‘COTTON BLOS- Mr. SKELTON. Mr. Speaker, a long and dis- neighborhood church in a Lake Street home SOM II’’ tinguished career in public service is coming moved to its present location and today wel- to an end in the Show-Me State. Missouri comes congregants from several surrounding communities as well. The striking golden cu- HON. JOHN B. SHADEGG State Senator Harold L. Caskey will retire at OF ARIZONA polas of the church, a unique characteristic of the end of the year. He has served the people IN THE HOUSE OF REPRESENTATIVES the building, along with the warm and wel- of the 31st District since 1976. Friday, October 8, 2004 coming arms of the congregation have made He was born in Bates County. After grad- St. Nicholas a lasting landmark in Stratford. Mr. SHADEGG. Mr. Speaker, it is with pro- uating from Central Missouri State University Our churches play a vital role in our com- found pleasure that I rise to commend to the with honors in 1960 with a B.A. in Psychology munities—providing people with a place to Nation Dennis Conner, of America’s Cup and Sociology, he attended University of Mis- turn to for comfort when they are most in fame, an outstanding American yachtsman, souri-Columbia where he received a Juris need. By strengthening our bonds of faith, St. competitor and sailing icon, in admiration and Nicholas gives its members a place to find Doctorate in 1963. He also was a member of appreciation of his magnificent restoration of their spiritual center and to solidify and sup- the historic wooden yacht Cotton Blossom II. the Order of the Coif. port their values. The members of St. Nich- Mr. Conner’s expertise and dedication to pre- From 1968 to 1972, Mr. Caskey served as olas’ have also given much to the town of serving yachting history are to be com- the prosecuting attorney for Bates County. Stratford. Throughout the years, as their mem- mended. His extraordinary efforts are a testa- Then he was the Butler city prosecutor from bership grew so did their commitment to the ment to his uncompromising devotion to excel- 1973 to 1974. After serving in this position, he enrichment of our community. lence and authenticity. was an assistant professor in Business Law It is with great pride and my heart-felt con- Thanks to Dennis Conner’s vision and gen- and Criminal Law at Northeast Missouri State gratulations that I rise today to join with the erosity, Cotton Blossom II is an elegantly re- congregation and the Stratford community in University, now Truman State University, from stored masterpiece that honors our country’s celebrating the 75th anniversary of the St. rich yachting heritage and the classic art of 1975 to 1976. Nicholas Russian Orthodox Church—a true wooden boat building. Mr. Caskey was first elected to the Missouri community treasure. Cotton Blossom II was designed in 1924 by Senate in 1976. During his accomplished ten- f Johan Anker, the leading ‘‘Q’’ Boat designer of ure in the Missouri Senate, he served in many MARRIAGE PROTECTION the time. She was built for Lawrence Percival positions. He was the Senate Assistant Major- of Boston at the Jensen Shipyard near Oslo, AMENDMENT ity Floor Leader, Senate Majority Caucus Norway. Leonore, as she was first named, was delivered to Marblehead in October 1925. Chair, Senate Majority Floor Leader, and Mi- SPEECH OF She was later sold to Walter Wheeler and nority Caucus Chair. HON. MARILYN N. MUSGRAVE christened Cotton Blossom II. Wheeler cam- Mr. Caskey awards and honors include the OF COLORADO paigned her with great success out of Stam- 2002 Access Award from the American Foun- IN THE HOUSE OF REPRESENTATIVES ford, CT. Among her many racing victories dation for the Blind, the 1997 National Legis- Thursday, September 30, 2004 were the Vineyard Race and the Astor Cup for lator of the Year from the National Industries Mrs. MUSGRAVE. Mr. Speaker, I rise again the New York Yacht Club. She was named the of the Blind Workshop, the 1999 University of NYYC Boat of the Year in 1939, and her half today to submit into the RECORD additional Missouri School of Law Alumnus of the Year model is displayed in the Club’s Model Room. material regarding the debate about whether Twenty-three years later, this well-designed and the National Freedom Righter from the marriage is in decline in the Netherlands. yacht continued to win major races under the National Rifle Association. Additionally, the Some members suggest that the Stanley Kurtz stewardship of owners Ed and Gloria Turner Missouri Deputy Sheriffs’ Association named material is not relevant or is not accurate. I of the San Diego Yacht Club. Cotton Blossom an award for him—the Harold Caskey Free- submit into the RECORD the following article II successfully spanned the dramatic changes dom Award. written by Mr. Kurtz that addresses his critics that had taken place in the sport since the Mr. Speaker, I know the Members of this on this point. 1920s as she became a familiar sight winning House will join me in thanking Mr. Caskey for DUTCH DEBATE all the major races at the club, including the his life of public service. There’s a new development in the story of Lipton Trophy, and was named SDYC Boat of Europe’s marriage meltdown. Recently, a

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00046 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.264 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1913 group of five scholars in the Netherlands numbers omit legally unrecorded breakups That’s because super-high out-of-wedlock issued a letter addressed to ‘‘parliaments of among the ever-increasing number of cohab- birthrates signal a radical shift in the way the world debating the issue of same-sex iting parents. Total family dissolution rates parents think about marriage. In the early marriage.’’ The Netherlands was the first in Scandinavia are actually up. I’ve made stages of Scandinavian-style cohabitation, country to adopt full-fledged same-sex mar- these points before, but Badgett and others parents think of first, and even second born riage, and this letter is the first serious indi- just keep citing the misleading numbers. children as tests of a relationship that might cation of Dutch concern about the con- European demographers know perfectly someday eventuate in marriage. But as pa- sequences of that decision. So it’s worth well that marriage in Scandinavia is in deep rental cohabitation grows in popularity par- quoting the letter at some length. After cit- trouble. British demographer David Coleman ents have two or more children without get- ing a raft of statistics documenting the de- and senior Dutch demographer Joop Garssen ting married at all. So out-of-wedlock birth- cline of Dutch marriage, here is some of have written that ‘‘marriage is becoming a rates rise more slowly as they move beyond what these scholars had to say: . . .there is minority status’’ in Scandinavia. In Den- the 40- and 50-percent marks because they as yet no definitive scientific evidence to mark, a slight majority of all children are are pushing through the final and toughest suggest the long campaign for the legaliza- still born within marriage. Yet citing the 60 pockets of cultural support for marriage. tion of same-sex marriage contributed to percent out-of-wedlock birthrate for first- That’s why the slow but steady increase in these harmful trends. However, there are born children, Danish demographers Wehner, Norway’s already high out-of-wedlock birth- good reasons to believe the decline in Dutch Kambskard, and Abrahamson argue that rates is so frightening. It shows that even marriage may be connected to the successful marriage has ceased to be the normative set- the resistant and conservative south is be- public campaign for the opening of marriage ting for Danish family life. ginning to accept parental cohabitation, to same-sex couples in the Netherlands. ALL ABOUT THE FAMILY while the liberal north is beginning to aban- After all, supporters of same-sex marriage Badgett uses several tricks to dodge the don the idea of marriage altogether. Okay, says Badgett, let’s provisionally argued forcefully in favor of the (legal and problem of out-of-wedlock birthrates in ex- grant Kurtz’s distinction between high and social) separation of marriage from par- cess of 50 percent. Most cohabiting parents low-out-wedlock birthrate countries. Even enting. In parliament, advocates and oppo- eventually marry, Badgett emphasizes. Be- nents alike agreed that same-sex marriage given that, says Badgett, out-of-wedlock cause of that, if you look at the number of births have been ‘‘soaring’’ in some tradi- would pave the way to greater acceptance of Norwegian children who are actually living alternative forms of cohabitation. tionally low out-of-wedlock birthrate na- with their own married parents, it is 61 per- tions (Ireland, Luxembourg, Hungary, Lith- In our judgment, it is difficult to imagine cent. Well, that is certainly more than half, that a lengthy, highly visible, and ulti- uania, and several other eastern European but a number that low hardly means that countries). And none of them but the Nether- mately successful campaign to persuade Norwegian marriage is strong. And as I Dutch citizens that marriage is not con- lands has gay marriage. So how could gay showed in ‘‘Unhealthy Half-Truths,’’ in Nor- marriage be the cause of higher out of wed- nected to parenthood and that marriage and way’s progay-marriage north, the numbers of cohabitation are equally valid ‘lifestyle lock birthrates in the Netherlands when Norwegian children actually living with comparable countries that don’t have gay choices’ has not had serious social con- their own married parents is now almost cer- sequences . . . marriage have similar rises? tainly at or below 50 percent. Gay marriage is not the only cause of ris- There are undoubtedly other factors that Of course, the fact that ‘‘most’’ cohabiting ing out-of-wedlock birthrates. I never said it have contributed to the decline of the insti- parents in Scandinavia eventually marry was and it doesn’t take a demographer to re- tution of marriage in our country. Further slides over the core point. A great many pa- alize that lots of factors contribute to scientific research is needed to establish the rental cohabiters break up before they ever husbandless women having babies. In fact relative importance of all these factors. At decide to marry—and they do so at rates two the out-of-wedlock birthrates that are rising the same time, we wish to note that enough to three times higher than married parents. so rapidly in the countries Badgett cites are evidence of marital decline already exists to So many cohabiting parents break up before rising for a distinct and clear reason. These raise serious concerns about the wisdom of they ever decide to marry that demographer nations are economically and culturally the efforts to deconstruct marriage in its Mai Heide Ottosen has said, ‘‘to be a child of modernizing. For good or ill, they are in- traditional form.’’ young [Danish] parents nowadays has be- creasingly adopting postmodern sexual You can read an interview with two of the come a risky affair.’’ mores, yet provide only limited access to letter’s signers here, and a front-page news Badgett cites a study showing that Amer- contraception and/or abortion. That jux- story about the letter in the Dutch paper, ican children spend even less time in total taposition of divergent and even contradic- Reformatorisch Dagblad, here. with their own married parents than Nor- tory family and sexual systems creates prob- UNDENIABLE DECLINE wegians. But that study’s Norwegian data lems. In Ireland, for example, sexual mores During last week’s Federal Marriage comes from the 1980s. Since then, America’s are loosening. Yet the Irish still tightly re- Amendment debate, many senators referred family disruptions have leveled off while strict contraception and abortion. That com- to the Dutch scholars’ statement, and to Norway’s have worsened. In any case, stag- bination has pushed out-of-wedlock birth- marital decline in Scandinavia and the Neth- ing a family-stability contest between Amer- rates way up. Something similar is happening in Lith- erlands. Of course, you probably haven’t ica and Scandinavia misses the point. Amer- uania, and in other eastern European coun- heard about that, because, for the most part, ican families are unstable because of our tries. In a recent study of contraceptive the American press has refused to report the high divorce rates and sky-high rates of availability in Europe, Erik Klijzing found story. underclass single parenting. The fact that that contraceptives were far less available in Even so, gay-marriage advocates are wor- our family system has weakened is precisely Lithuania and Bulgaria than in other Euro- ried. M. V. Lee Badgett, research director for the problem. America’s already significant pean countries. Some eastern European na- the Institute for Gay and Lesbian Strategic family vulnerabilities would be pushed be- tions have as little access to contraception Studies, has issued a new critique of my yond the breaking point if Scandinavian- as third-world countries. Curiously, of all work on Scandinavia and the Netherlands. In style parental cohabitation spread here. the countries Klijzing studied, only in Lith- ‘‘Unhealthy Half-Truths,’’ I refuted Today, more than ten percent of American uania do educated people have even less ac- Badgett’s first attack. Now she’s back. children are born to cohabiting parents. And cess to contraceptives than uneducated peo- Badgett’s critique of my work is long on sta- studies show that cohabiting parents in ple. That fits the model of a culturally mod- tistical tricks and short on engagement with America break up at a much higher rate ernizing population with loosening sexual my actual argument. than they already do in Scandinavia. So a mores, but poor access to contraception. The The bottom line is that neither Badgett spike in Scandinavian-style parental cohabi- result is soaring out of wedlock birthrates. nor anyone else has been able to get around tation in America would deal a major new (Some will use this to argue for more contra- the fact that marriage in both Scandinavia blow to our already vulnerable family sys- ception. Others will argue for abstinence and the Netherlands is in deep decline. In tem. education and a renewal of tradition. My Scandinavia, that decline began before same- Badgett ignores my points about the dif- point here is simply that, either way, sex registered partnerships were established, ferences between Norway’s socially liberal changes in sexual practices and attitudes but has continued apace ever since. In the north and it’s more conservative and reli- have consequences.) Netherlands, marital decline accelerated gious south. The parts of Norway where Badgett does list a country that doesn’t dramatically, in tandem with the growing same-sex unions are most accepted have by have limited contraception: Luxembourg. campaign for gay marriage. far the highest out-of-wedlock birthrates. But while Luxembourg’s out-of-wedlock The strategies for evading these hard That helps make my causal point. It also birthrate is rising, it’s moving up only about truths don’t work. Gay-marriage advocates helps explain why Norway’s out-of-wedlock half as fast as rates in Ireland, Lithuania, regularly cite steady or improving rates of birthrate is rising more slowly now—some- and the Netherlands. marriage and divorce in Scandinavian coun- thing Badgett makes much of. Rising Nor- Hungary is the only country that Badgett tries to prove that all is well. I’ve shown re- wegian out-of-wedlock births have hit a wall lists besides the Netherlands that has widely peatedly that these numbers are misleading. of resistance in the recalcitrant, religious available birth control but a rapidly rising Scandinavian marriage numbers are inflated south. rate of out-of-wedlock births. This does seem by remarriages among the large number of In any case, at very high levels, the out-of- to be related to greater cultural individ- divorced, for example. Scandinavian divorce wedlock birthrate has to rise more slowly. ualism. But another factor is the economic

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00047 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.268 E11PT1 E1914 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 stress that has hit eastern Europe as a whole CHARLOTTE SPARROW CHIAVETTA once they get there, the means and motivation since the collapse of Communism. Under MAKES HER MARK ON THE WORLD to excel. Communism, governments allotted good Again, Mr. Speaker, it is an honor to recog- apartments to married couples. In the post- HON. BOB ETHERIDGE nize the Coca-Cola Company as the recipient Communist era that incentive to marriage of the USHCC Corporation of the Year Award has disappeared. Large apartments are now OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES and bring to light their outstanding efforts with- too expensive for many couples to afford in in the Hispanic community. stressed economic times. What used to be an Friday, October 8, 2004 incentive to marriage has turned into a dis- f Mr. ETHERIDGE. Mr. Speaker, I rise today incentive. Yet nothing of this sort is hap- CONFERENCE REPORT ON H.R. 4520, pening in Holland. to congratulate John Bryan and Rebekah Sparrow Chiavetta on the birth of their first AMERICAN JOBS CREATION ACT THE EVIDENCE IS CLEAR child, Charlotte Sparrow Chiavetta. Charlotte OF 2004 was born on Thursday, October 7, 2004, and So the real question raised by Badgett’s SPEECH OF comparison is why Holland should be vir- weighed 6 pounds and 13 ounces. Faye joins tually the only traditionally low out-of-wed- me in wishing John and Rebekah great happi- HON. FORTNEY PETE STARK lock birthrate country in which couples have ness during this very special time in their lives. OF CALIFORNIA easy access to birth control where out-of- As a father, I know the joy, pride, and ex- IN THE HOUSE OF REPRESENTATIVES wedlock birthrates are now ‘‘soaring’’? I’m citement that parents experience upon the en- Thursday, October 7, 2004 grateful to Badgett for (inadvertently) draw- trance of their child into the world. Rep- ing this additional factor to my attention. resenting hope, goodness, and innocence, a Mr. STARK. Mr. Speaker, I rise today in stri- Rather than weakening my point, it greatly newborn allows those around her to see the dent opposition to the conference report on strengthens it. It is clearer than ever that world through her eyes... as a new, fresh H.R. 4520, the so-called ‘‘Jobs Creation Act.’’ something very unusual is happening in the place with unending possibilities for the future. This bill does nothing to create jobs at home, Netherlands. Demographically, we have a Through a child, one is able to recognize and and actually provides incentives for corpora- kind of Dutch exceptionalism—and the key appreciate the full potential of the human race. tions to move jobs offshore. The conference difference is that the Dutch added gay mar- I know the Chiavettas look forward to the report is a $140 billion solution to a $57 billion riage to their precarious balance between so- changes and challenges that their new daugh- problem, and how the Republicans intend to cially liberal attitudes and traditional fam- ter will bring to their lives while taking pleasure pay for this solution is both a sham and a dis- ily practices. Gay marriage—not restricted in the many rewards they are sure to receive grace. contraception or the collapse of Com- Repealing the extraterritorial income, ETI, munism—upset that balance, with the result as they watch her grow. I welcome young Charlotte into the world regime is absolutely necessary to avoid retal- that the out-of-wedlock birthrate began to iatory duties imposed by the European Union. zoom. and wish John and Rebekah all the best as they raise her. This tax scheme was found to be illegal by the The decline of marriage in the Netherlands f World Trade Organization because it unfairly in tandem with the growing success of the advantaged U.S. corporations in the inter- Dutch movement for gay marriage is the COCA-COLA RECOGNITION national arena. Given that judgment, my pre- clearest example of gay marriage’s impact ferred approach was to simply repeal the tax on marital decline. Badgett does her best to and save $57 billion for America’s taxpayers. evade the problem by claiming that the in- HON. HENRY BONILLA crease in non-marital births began before OF TEXAS That’s what should have happened. But, Dutch registered partnerships took effect in IN THE HOUSE OF REPRESENTATIVES even if one felt that the corporations shouldn’t be penalized for the WTO ruling, keeping early 1998. That is a weak argument, since an Friday, October 8, 2004 increase of two-percentage points in the out- them whole after the ETI repeal would cost of-wedlock birthrate for seven consecutive Mr. BONILLA. Mr. Speaker, I rise today to $57 billion. Unfortunately my colleagues have years is rare. It was anything but inevitable commend the classic beverage producer, decided to go much further. They are replac- that a two-percent increase in non-marital Coca-Cola Company. Coca-Cola has been in- ing that illegal regime with $140 billion in un- births in 1997 would be followed by six con- volved in its community and our Nation since necessary corporate tax cuts and extraneous secutive increases at the same level. In any the founding of the company. Through involve- provisions that have no business in this bill. case, the final vote to establish registered ment in programs such as ‘‘Reading is Funda- This bill isn’t only loaded with expensive, partnerships took place in 1997. mental’’ and the U Promise Program, they unnecessary tax breaks, it then goes so far as But the deeper point is that the meaning of have continually served the public. This history to induce U.S. companies to move even more traditional marriage was transformed every of public service was recently recognized jobs overseas through its bizarre tax incentive bit as much by the decade-long national when the Coca-Cola Company was awarded structure. During this jobless economic recov- movement for gay marriage in Holland as by the United States Hispanic Chamber of Com- ery, we cannot afford to give corporations eventual legal success. That’s why the im- merce, USHCC, Corporation of the Year even more incentive to ship jobs offshore. But, pact of gay marriage on declining Dutch Award at the 25’’ Annual National Convention I guess this is consistent with the Bush admin- marriage rates and rising out-of-wedlock and Business Expo in Austin, TX. istration and Republican belief that birthrates begins well before the actual legal As the company’s promise states, ‘‘The outsourcing jobs is good for America. I dis- changes were instituted. The recent state- Coca-Cola Company exists to benefit and re- agree. ment by five Dutch scholars takes exactly fresh everyone it touches.’’ Such a recognition This bill also gives U.S. companies a tax that position. of the Coca-Cola Company by USHCC only break on the profits they have previously Badgett has no trouble accepting the idea reinforces the commitment Coca-Cola has made by shipping jobs offshore. In fact, cor- that gay marriage might be an effect of an made to make their promise come true. porations are temporarily allowed to repatriate increasing cultural separation between mar- The Coca-Cola Company strives to reach foreign profits at a rate of 5.25 percent. Why riage and parenthood. But how could gay out to the Hispanic community through a vari- would we ever give companies a tax holiday marriage be a product of this cultural trend ety of programs. These programs primarily so they can line the pockets of executives and without also locking in and reinforcing that focus on education, which Coca-Cola believes investors? That doesn’t create jobs, it just same cultural stance? I’ve offered abundant cultural evidence that the message conveyed is a ‘‘powerful force in improving the quality of breeds more corporate greed. by gay marriage does in fact reinforce ac- life and creating opportunity for people and The Republicans will claim that this bill is ceptance of parental cohabitation. their families around the world.’’ Of close to 30 fiscally responsible because it is paid for. In programs, three—the Art of Harmony, the reality the $80 billion in closed loopholes and The Dutch scholars are right. Many factors Coca-Cola First Generation Scholarship Pro- other revenue raisers are just a pipe dream. are in play in European marital decline, and more research is needed to separate out the gram, and the Coca-Cola Valued Youth Pro- Two of the biggest revenue raisers in the bill relative importance of the various factors. gram—stand out in exemplifying the com- make it much harder for individuals to take the But continued marital decline in Scan- pany’s determination and willingness to ‘‘ben- charitable deduction for donating property to dinavia and the Netherlands has already pro- efit and refresh.’’ Through programs such as non-profit organizations. I thought this was a vided us with enough evidence to call the these, Coca-Cola has encouraged students corporate tax bill. I guess the Republicans wisdom of same-sex marriage into serious who may not have a family history of going to think it is OK to raise taxes on charitable indi- doubt. college, or the financial stability to succeed viduals so that billion-dollar corporations can

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00048 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.272 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1915 have a little more money for their multimillion sive semi-final victory. They demonstrated In addition to the tanker trucks, ITE unveiled dollar executive salaries. great sportsmanship before a national audi- its new monster pickup, the CXT, last month The most egregious portion of this legisla- ence, representing competitive values that at its factory in Garland. The CXT is the tion is a $10.1 billion buyout for the tobacco make Kentucky proud. world’s largest production pickup, weighing a industry, most of which would line the pockets The hours of extra practice under the lead- whopping 14,500 pounds and being able to of large tobacco manufacturers like Phillip ership of Coach Vic Evans, brought this im- tow 20 tons. The CXT definitely brings new Morris. The tobacco buyout is nothing more pressive distinction to the State of Kentucky meaning to the phrase ‘‘everything is bigger in than an election year bribe to enlist southern and city of Owensboro. I want my colleagues Texas.’’ Democrats’ votes on a bill they would other- in the House of Representatives to know of Many would say that International Truck and wise be unlikely to support. Instead of using the pride that I have in representing these ath- Engine is raising the bar among vehicle manu- this opportunity to include the Senate provi- letes and their families. facturers. That’s because they are. sion to allow the FDA to regulate tobacco, Re- I would like to commend the Owensboro publicans have decided to give a huge windfall Southern for their magnificent season—an ef- ITE provides a great service to the people to the tobacco industry, while doing nothing to fort that epitomized team work, sportsmanship, of this country and to the people of Iraq. Con- reduce tobacco production and improve public and persistence. I ask my colleagues in the gratulations again, and thank you, to Inter- health. That is just plain wrong. U.S. House of Representatives to join me in national Truck and Engine and the people of Finally, the Republicans have once again congratulating these young athletes for their Garland, TX. thwarted the democratic process by bringing a achievement and wish them continued suc- partisan 650 page bill with 617 pages of ex- cess in seasons to come. f planation up for a vote only hours after it was f TAIWAN NATIONAL DAY released. Are the Republicans afraid of what we might find if they actually gave us time to ON THE OCCASION OF TAIWAN’S read and study the bill? I guess they just don’t NATIONAL DAY HON. MELVIN L. WATT want to give us the time to make the public aware of the special interest giveaways loaded HON. G.K. BUTTERFIELD OF NORTH CAROLINA in their bill—covering everything from tackle OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES boxes to sonar device industries. IN THE HOUSE OF REPRESENTATIVES Friday, October 8, 2004 This so-called American Jobs Creation Act Friday, October 8, 2004 does not create jobs. Instead, it creates new Mr. WATT. Mr. Speaker, I rise today to rec- incentives for U.S. corporations to send jobs Mr. BUTTERFIELD. Mr. Speaker, the Re- ognize and congratulate Taiwan on its forth- overseas. The conference report is a $140 bil- public of China (Taiwan) will be celebrating its coming National Day, October 10, 2004. lion solution to a $57 billion problem. Regard- National Day this October 10. I join my col- less of what my Republican colleagues say leagues in wishing our friends in the Republic In recent years, Taiwan has impressed the today, it will never be fully paid for. The extra- of China (Taiwan) a very happy National Day. world with its economic and political accom- neous provisions in this bill are mere gifts to Taiwan is an ally of the United States and plishments. It is the world’s 17th largest econ- big corporate donors and bribes to buy maintains strong relations with the United omy, with the world’s 15th largest trade vol- enough Democratic votes to pass the bill. This States. ume. Clearly, in this time of global economic bill a disgrace to the American people and our I hope that our friendship with Taiwan will interdependence, Taiwan has much to offer tax code. Republicans should be hanging their continue to grow in the months and years the world. heads in shame—but Republicans have no ahead. I also hope that Taiwan will be able to I commend President Chen Shui-bain of shame, as this bill clearly shows. I strongly return to a number of important international Taiwan on his efforts to seek greater recogni- urge all my colleagues to vote against the organizations such as the United Nations and tion for his country in the world. President conference report for H.R. 4520. the World Health Organization in the very near Chen has also committed Taiwan’s resources f future. Taiwan is too important a country to be to combating global terrorism and Taiwan is a ignored by the international community. valued partner of the United States in this ef- PERSONAL EXPLANATION I also wish to take this opportunity to wel- fort. come Taiwan’s new ambassador, Dr. David Lee, to Washington. He will do an excellent Congratulations to the people of Taiwan on HON. PATRICK J. KENNEDY their National Day. OF RHODE ISLAND job representing his government and his peo- ple. IN THE HOUSE OF REPRESENTATIVES f f Friday, October 8, 2004 TRIBUTE TO HENRY JACKSON Mr. KENNEDY of Rhode Island. Mr. Speak- CONGRATULATIONS TO INTER- er, on the evening of October 4, I was delayed NATIONAL TRUCK AND ENGINE: and missed rollcall votes 487, 488, 489. I re- PROVIDING TRUCKS TO HELP SE- HON. DUNCAN HUNTER spectfully request the opportunity to record my CURE A FREE IRAQ position on rollcall votes 487, 488, 489. It was OF CALIFORNIA my intention to vote: ‘‘yea’’ on rollcall 487; HON. SAM JOHNSON IN THE HOUSE OF REPRESENTATIVES ‘‘yea’’ on rollcall 488; and ‘‘yea’’ on rollcall OF TEXAS 489. IN THE HOUSE OF REPRESENTATIVES Friday, October 8, 2004 f Friday, October 8, 2004 Mr. HUNTER. Mr. Speaker, I rise today to HONORING OWENSBORO SOUTHERN Mr. SAM JOHNSON of Texas. Mr. Speaker, honor Henry Jackson, my friend and fellow LITTLE LEAGUE BASEBALL congratulations are in order for International paratrooper in the 173rd Airborne Brigade, Truck and Engine of Garland, TX. Our forces who passed away last month due to cancer at HON. RON LEWIS in Iraq will soon be using 270 of International the young age of 66. Henry was the consum- mate soldier and retired from the United OF KENTUCKY Truck and Engine’s tanker trucks. States Army after achieving the rank of E–7. IN THE HOUSE OF REPRESENTATIVES It is an honor and a privilege to represent the numerous employees at International Even after retirement, he continued to serve Friday, October 8, 2004 Truck and Engine who helped build these his country, working as a civilian security offi- Mr. LEWIS of Kentucky. Mr. Speaker, I rise trucks that will soon be helping our troops. cer on the Naval base near his home in New today to recognize the Owensboro Southern In Iraq, these trucks will be outfitted to Orleans. Little League Baseball Team for their remark- transport water across the country, providing a He was immensely proud of his family and able season and recent participation in the Lit- valuable resource for not only our troops on had five sons who followed his footsteps by tle League Championship Tournament in Wil- the ground, but for the Iraqi people. With the serving in the military. Henry died with dignity liamsport, PA. Owensboro Southern came addition of these 270 trucks to our forces, in the Veterans Hospital on July 6, 2004. He within one strike from advancing to the Little Iraq’s infrastructure will be stronger and more leaves behind a beautiful family as well as his League World Series, finishing with an impres- efficient. legacy that will help keep our country strong.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00049 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.275 E11PT1 E1916 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 TRIBUTE TO SIDNEY TOOL AND given responsibility for several key strategic Taiwan is one of our largest trading partners DIE ON ITS 50TH ANNIVERSARY and doctrinal documents. He helped write the and is a valued ally and friend. I wish the Tai- initial national military strategy on counter-pro- wanese people well as they celebrate their HON. MICHAEL G. OXLEY liferation in 1994, and wrote the capstone joint National Day, and I am hopeful that the U.S.- OF OHIO doctrine for services and combatant com- Taiwanese relationship will continue to de- IN THE HOUSE OF REPRESENTATIVES manders on troop welfare issues and casualty velop well into the future. Taiwan is truly a reporting in 1997. success story for democracy in Asia and Friday, October 8, 2004 Colonel Dapson was not to be kept long out around the world. Mr. OXLEY. Mr. Speaker, I stand before you of the cockpit. Once again, in 1998, his rep- today to commend Sidney Tool and Die on its utation resulted in his selection for one of the f 50th anniversary. Under the ownership of most competitive billets in the Marine Corps, RECOGNIZING THE ACCOMPLISH- Sargeant and Bensman families, Sidney Tool command of an operational squadron. Colonel MENTS OF MR. LORON HODGE and Die has been a distinguished corporate Dapson commanded HMM–268, a CH–46 citizen in the Sidney community since 1954. It squadron based at Camp Pendleton, Cali- has demonstrated its commitment to its cus- fornia. His record was again one of meticulous HON. CALVIN M. DOOLEY tomers by developing state-of-the-art tooling attention to detail, combined with compas- OF CALIFORNIA and assembly equipment and speciality ma- sionate concern for the Marines who served IN THE HOUSE OF REPRESENTATIVES chines for rubber and plastic product manufac- under him; exactly the right mix for the inher- Friday, October 8, 2004 turers. It takes exceptional leadership to main- ently dangerous business of flying military air- tain a business that prides itself on high qual- craft. Mr. DOOLEY of California. Mr. Speaker, I ity products, hardworking employees and su- For the last three years, Colonel Dapson rise today to recognize the accomplishments perior customer service. has been instrumental in enhancing commu- of Mr. Loron Hodge, the Executive Director of Sidney Tool and Die has also given so nication and understanding between the Ma- the Kern County Farm Bureau. Mr. Hodge will much back to the community whose name it rine Corps and the Congress. As the Marine be retiring this fall after 25 years of advocating bears. Its owner, employees, retirees, and Corps Liaison to the House and Senate on behalf of the agricultural community in Kern their families can be rightfully proud of this an- Armed Services Committees, he has worked County. niversary. Ohio is rightfully proud of its indus- tirelessly alongside the Professional Staff of Loron Hodge was born in Arkansas in 1939, trial base, and businesses like Sidney Tool both Committees to ensure they had the best where he lived until his father accepted a job and Die help to keep this tradition strong. possible information on which to base re- as a foreman on a ranch in Tulare County, California. It was here that Mr. Hodge first f source allocation and legislative recommenda- tions. From coordinating visits to the Hill by learned about farming by working on a family HONORING COLONEL MATTHEW Marine Corps subject matter experts, to trav- farm with his brother. After working in the DAPSON, USMC eling the globe with Members and Staff, Colo- Central Valley’s agricultural economy, Mr. nel Dapson always put in whatever extra effort Hodge worked in sales in Porterville, California HON. CURT WELDON was necessary to make things go smoothly, until 1970. In 1970, Mr. Hodge moved from Porterville to accept a job as the Assistant OF PENNSYLVANIA and to gain access to crucial pieces of infor- Manager at the Bakersfield Chamber of Com- IN THE HOUSE OF REPRESENTATIVES mation. merce. Shortly thereafter, Mr. Hodge was pro- Friday, October 8, 2004 Twenty-six years is a long time to serve, and to put others first. Colonel Dapson is to moted to Manager of the Chamber of Com- Mr. WELDON of Pennsylvania, Mr. Speaker, be commended for the legacy he has left be- merce. I rise today to honor a man who has served hind, and all those whose lives he has en- In 1979, Mr. Hodge became the Executive his country proudly for over 26 years. Colonel riched along the way. I hope all Members, es- Director of the Kern County Farm Bureau. Matthew Dapson, United States Marine Corps, pecially those who serve on the Armed Serv- Since that time, his hard work and dedication is a native of Pittsfield, Massachusetts, and a ices Committees, will join me in saying, have made him a valuable advocate for farm- 1978 graduate of Rider University in ‘‘Thanks, Matt,’’ and in wishing this fine Amer- ers and ranchers in Kern County, California. In Lawrenceville, New Jersey. ican fighting man much success in the future. his 25 years as Executive Director, Mr. Hodge After graduating from Rider with a Bach- made many contributions that improved the f elor’s degree in finance, Colonel Dapson Farm Bureau’s operations and expanded its chose to serve his country as one of the few COMMEMORATING THE REPUBLIC activities. Mr. Hodge played a vital role in the and the proud, a United States Marine. He en- OF CHINA ON TAIWAN ON ITS acquisition of the former Chamber of Com- rolled in Officer Candidate School at Quantico, NATIONAL DAY merce building, which is now the current home Virginia, and was commissioned a 2nd Lieu- of the Kern County Farm Bureau. In addition tenant on the 203rd birthday of the Marine HON. JOHN LINDER to helping to improve the infrastructure of the Corps, November 10th, 1978. OF GEORGIA Farm Bureau, Mr. Hodge helped to expand Upon completion of the Basic School at IN THE HOUSE OF REPRESENTATIVES the Farm Bureau’s agricultural education pro- Quantico, Colonel Dapson was ordered to grams, including Farm Day in the City and the Pensacola, Florida for pilot training. He ex- Friday, October 8, 2004 Teacher’s Ag Seminar, which educates stu- celled at Pensacola, reached his goal of be- Mr. LINDER. Mr. Speaker, I rise today to dents and teachers throughout Kern County coming a Naval Aviator, and was given the pay tribute to the people of the Republic of and America about the importance of the agri- opportunity to fly the CH–46 helicopter. Colo- China on Taiwan on the occasion of its forth- culture industry. As a result of his hard work, nel Dapson’s reputation as a pilot, and as a coming National Day. This day commemorates the Farm Bureau’s membership reached an Marine were such that he was subsequently the Wuchang Uprising on October 10, 1911, all-time high in 2001. invited to serve as an aviation instructor. which led to the downfall of the Qing dynasty In addition to his role on the Kern County Throughout his career, he emphasized the and the establishment of the Republic of Farm Bureau, Mr. Hodge is a manager of the importance of attention to detail in all endeav- China on January 1, 1912. The day is cele- Water Association of Kern County and mem- ors. It is no small feat that Colonel Dapson brated in Taiwan with parades, festivities, and ber of the Kern Taxpayers Association, the flew for over 18 years without a mishap, fireworks displays throughout the island. San Joaquin Valley Unified Air Pollution Con- amassing over 3,000 hours of flight time. This Over the past 93 years, Taiwan has increas- trol District and the Committee of Industries. In is even more impressive when one considers ingly become more democratic. Its 2004 presi- the past, Mr. Hodge has served on the boards the age of the CH–46 aircraft. This is a testi- dential election is a testament to this fact. of the Kern Historical Society, Project Clean mony to Colonel Dapson and to those many More than 80 percent of eligible Taiwan voters Air and is former secretary of the Coalition to fine Marines who put in the long hours to en- turned out to participate in a free and fair se- Protect Private Property Rights. sure his helicopter brought him and his crew lection of the next Taiwanese President. This Mr. Speaker, I ask that you and my distin- home safely. commitment to democracy is consistent with guished colleagues join me in thanking Mr. Having established himself as one who the deeply-held values of the American peo- Loron Hodge for his dedicated service to the demonstrated extraordinary diligence, Colonel ple. San Joaquin Valley and wishing him well upon Dapson was assigned to the Joint Staff at the The alliance between the people of Taiwan his retirement from the Kern County Farm Bu- Pentagon for three years. While there, he was and the United States is of great importance. reau.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00050 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.283 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1917 CONFERENCE REPORT ON H.R. 4520, identification documents, those who wish to Perchlorate groundwater contamination, AMERICAN JOBS CREATION ACT harm us can use false identities to evade de- combined with drought or other conditions, OF 2004 tection or use false identities to enter secure highlights the need for these water conserva- spaces, such as airplanes or nuclear facilities. tion projects. SPEECH OF H.R. 10 would regulate which forms of identi- The combination of perchlorate and drought HON. MARY BONO fication can be accepted as proof of identity by caused my hometown, Rialto, California, to Federal officials—a reform I have long fought declare 2 water emergencies in one year. OF CALIFORNIA for—so that non-secure foreign IDs cannot be With 15 wells in 3 towns in my district being IN THE HOUSE OF REPRESENTATIVES utilized by terrorists or violent criminals wish- shut down because of perchlorate, serving Thursday, October 7, 2004 ing to evade the law or enter secure spaces clean water has become difficult. Mrs. BONO. Mr. Speaker, I appreciate this undetected. Importantly, it would also set CALFED also provides the means to re- opportunity to reiterate my position regarding standards for states to ensure state driver’s li- spond to rapid population growth. charitable donations of automobiles. I believe censes and state identification cards are se- With a growing population, there is a grow- that the language of the conference report will cure. ing need for more water delivery and storage. have serious ramifications, burdening chari- I take particular pride of authorship in the California has a population of 36 million, table organizations and precluding taxpayers provisions that would set immigrant identifica- and expects to increase to 50 million in the from donating their used automobiles to said tion standards, expand pre-inspection efforts year 2020. organizations. The Conference Committee at foreign airports, reform the designation We know we cannot rely solely only on the chose to adopt the Senate proposal, which re- process for foreign terrorist organizations, in- Colorado River anymore for water use—we quires donors to wait until the vehicle is sold crease penalties for identification fraud and for have no choice. and then deduct only the amount of the sale. false claims of citizenship, and support cre- We know we cannot wait until California This is burdensome not only to the donor but ation of a unified system for transliteration of reaches a water crisis to pass CALFED legis- also to the charity. names into the roman alphabet. I am pleased lation. Prior to enactment of this legislation, those that these initiatives have become part of this H.R. 2828 is a must for California. who donate their cars can deduct amounts landmark legislation. I urge my colleagues to support CALFED based on fair market value. An appraisal is Each of the Title III, ‘‘Border Security and and allow California the clean and reliable needed only for cars valued above $5,000. I Terrorist Travel,’’ provisions are essential to water sources it needs. believe that this is the most judicious manner the national security and should be retained in of treating vehicle donations and it is my con- their current form. Therefore, I urge a ‘‘no’’ f tention that by altering this provision, Con- vote on the Menendez substitute amendment. CONFERENCE REPORT ON H.R. 4520, gress will be placing unreasonable new bur- f AMERICAN JOBS CREATION ACT dens on taxpayers, discouraging charitable do- WATER SUPPLY, RELIABILITY, OF 2004 nations, and hindering charitable organizations AND ENVIRONMENTAL IMPROVE- from providing much-needed benefits to their MENT ACT SPEECH OF recipients. HON. JERRY F. COSTELLO f SPEECH OF OF ILLINOIS 9/11 RECOMMENDATIONS HON. JOE BACA IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IMPLEMENTATION ACT Thursday, October 7, 2004 IN THE HOUSE OF REPRESENTATIVES SPEECH OF Wednesday, October 6, 2004 Mr. COSTELLO. Mr. Speaker, I rise today in opposition to H.R. 4520, the American Jobs HON. ELTON GALLEGLY Mr. BACA. Mr. Speaker, I rise in strong sup- Creation Act. OF CALIFORNIA port of H.R. 2828, the Water Supply Reliability I believe that this bill does some good IN THE HOUSE OF REPRESENTATIVES and Environmental Improvement Act, also things. It repeals the Extraterritorial Income Thursday, October 7, 2004 known as CALFED. (ETI) program that was causing significant I am a proud co-sponsor of this legislation. sanctions to be placed on a wide range of The House in Committee of the Whole After 10 years of hard work and endless ne- U.S. products and was hurting our world-wide House on the State of the Union had under gotiations, we present the final CALFED prod- consideration the bill (H.R. 10) to provide for trade efforts. uct to Congress. In addition, I strongly support the ethanol reform of the intelligence community, ter- The California delegation has proven our rorism prevention and prosecution, border provisions that were included in the bill. This commitment to the people of California that security, and international cooperation and bill extends the ethanol tax credit, which is vi- they are ensured a reliable water supply. coordination, and for other purposes: tally important to our Illinois farmers, through I want to congratulate Senator FEINSTEIN Mr. GALLEGLY. Mr. Chairman, I move to 2010. It creates a $1/gallon tax credit for and Chairman POMBO for completing a top pri- agribiodiesel and a 50c¢ tax-credit for bio- strike the last word. I rise in opposition to the ority for California. Their hard work is much diesel through 2006, and it ensures that the amendment proposed by the gentleman from appreciated. credits for ethanol do not impact the Highway New Jersey. I would also like to thank Chairman KEN Trust Fund. The substitute offered by the gentleman CALVERT and Ranking Member GRACE However, I cannot support this bill because from New Jersey lacks or waters down many NAPOLITANO of the Water & Power Sub- of the important provisions recommended by committee for their hard work on CALFED as I believe it will provide more incentives to the 9/11 Commission and included in H.R. 10 well. multi-national companies to ship jobs over- in its current form. CALFED is the link needed to ensure the seas, rather than keep them here, where Border security is essential to national secu- quantity and quality of water in California. American workers need them most. This bill rity. The 9/11 Commission recognized this And it is crucial to the future of my home includes 24 provisions that encourage ship- truth. H.R. 10, in its current form, does justice state of California. ping jobs overseas and provides $36 billion in to the 9/11 recommendations by proposing Without out clean water, or enough water, additional tax benefits for offshore operations reasonable, meaningful immigration reforms to there can be no development of jobs or hous- of U.S. corporations. shore up border and travel security. These ing. I also am concerned that this bill did not in- provisions would speed up implementation of And without clean water, my children and clude language that would make tobacco our entry and exit tracking system and in- grandchildren, or any child, cannot enjoy nor- products subject to FDA regulations, a con- crease the number of border patrol officers. mal, healthy lives. cept that had strong bipartisan support, while Another provision would help ‘‘push out the I sincerely believe CALFED will become a including some special interest tax-breaks that border’’ by expanding the program for pre- blueprint for water plans in other areas of the are not germane to this bill. screening passengers before they can embark country. Mr. Speaker, I urge my colleagues to join to the United States to additional countries. CALFED increases the amount of water me in voting no on this legislation in order to The 9/11 Commission also stressed the im- conservation, recycling and desalination send it back to the Conference Committee to portance of secure identity. The 9/11 Commis- projects. This will help ease the burden that address the critical problem of outsourcing sion makes clear that without the regulation of perchlorate has placed on our water supplies. American jobs.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00051 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.288 E11PT1 E1918 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 CONGRATULATING THE PEOPLE Trade Organization (WTO) to authorize tariffs CRS SPECIALIST PAUL S. OF TAIWAN ON THEIR NATIONAL against American goods. Rather than using RUNDQUIST HONORED BY THE DAY this bill to bring the United States back into POLISH PARLIAMENT compliance with the WTO, it’s become a HON. JIM McDERMOTT Christmas tree for pet projects all over the HON. JOHN B. LARSON OF WASHINGTON country. Included in this legislation are hand- OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES outs for tobacco growers, tackle box manufac- IN THE HOUSE OF REPRESENTATIVES Friday, October 8, 2004 turers, bow and arrow manufacturers, import- Friday, October 8, 2004 ers of ceiling fans, and even NASCAR race Mr. LARSON of Connecticut. Mr. Speaker, I Mr. MCDERMOTT. Mr. Speaker, Taiwan will tracks. be celebrating its National Day on October 10, want to call the attention of my colleagues to 2004. On this happy occasion, I join my con- What’s worse is that this legislation does the invaluable service and support we receive stituents in wishing Taiwan the best in its en- nothing to protect jobs here at home. Instead, every day from the knowledge, experience, deavors. it encourages them to be out-sourced. Despite and hard work of the Congressional Research This past September I had the opportunity the fact that we’ve lost 1.7 million jobs since Service—CRS. This dedicated team of policy to meet with Taiwan President Chen Shui-bian this Administration took office, the Conference analysts, administrators, and support staff pro- in Seattle. He was returning to Taiwan from a Report includes 24 separate provisions that vides us with information services and policy trip to Central America. I was impressed by actually encourage shipping more of our jobs analysis that is accurate, timely, and impec- his sincerity in seeking an early dialogue with overseas at a cost of $42 billion. The Senate- cably balanced and nonpartisan. China and maintaining peace and stability in passed version of this bill included a provision The Congress, and this people’s House, are the Taiwan Strait. Mr. Speaker, peace in the that would have closed offshore tax shelters not the only beneficiaries of CRS’s expertise. Taiwan Strait is vital to the political develop- established for the sole purpose of avoiding At times over the years, we have authorized ment and economic prosperity in the Asia-Pa- U.S. taxes. This Conference Report re-opens CRS to provide temporary support for the par- cific region as a whole. them, leaving the American taxpayer to foot liaments of several nations as they worked to join the ranks of the world’s democracies. In In past years, Taiwan and the United States the bill. have been friends and allies. In times of tur- the 1960s and 70s, Congress authorized ex- moil, both have come to each other’s aid. I ap- I urge my colleagues on both sides of the change programs between CRS and the Japa- preciate Taiwan’s efforts and actions to protect aisle to oppose this legislation. It is not the nese and German national legislatures that U.S. citizens in Taiwan after 9/11 and Tai- right prescription for what ails us. helped them establish professional parliamen- wan’s cooperation with U.S. intelligence agen- tary research departments that are the envy of cies in combating global terrorist activities. I f their neighbors. More recently, in the early am also aware of Taiwan’s support for the re- 1990s, as the dawn of freedom broke over the construction of Iraq and Afghanistan. Taiwan CONGRATULATING TOBY GASS nations of Eastern Europe, the Speaker’s Task is our friend and deserves our support. Force on Parliamentary Reform in Eastern Eu- The future of Taiwan-U.S. relations is bright- rope provided invaluable expertise and per- er than ever. With the appointment of Dr. HON. C. L. ‘‘BUTCH’’ OTTER spective to the newly emerging free par- David Lee as Taiwan’s chief representative in OF IDAHO liaments of these nations. the United States, I look forward to working Mr. Speaker, the seed was sown, and today closely with Dr. Lee on issues of mutual im- IN THE HOUSE OF REPRESENTATIVES we see the inspiring results, as Poland, the portance. Friday, October 8, 2004 Czech Republic, Hungary, Slovenia, and other Congratulations to Taiwan President Chen countries have joined the family of democratic Shui-bian and the people of Taiwan on their Mr. OTTER. Mr. Speaker, I rise today to ac- nations. CRS provided vital assistance in this National Day. knowledge the academic achievement and effort, and today, I am pleased to note that f great promise of graduate student Toby Gass, one of our own, CRS Specialist Paul S. who is studying Forest Resources at the Uni- Rundquist, has been honored by the Republic CONFERENCE REPORT ON H.R. 4520, versity of Idaho. of Poland for his work with the Sejm THE AMERICAN JOBS CREATION (‘‘SAYM’’), the Polish Parliament: he has been ACT OF 2004 Toby is being honored by the U.S. Environ- awarded the Knight’s Cross of the Order of mental Protection Agency as recipient of a Merit of the Republic of Poland. SPEECH OF prestigious Science To Achieve Results, or Mr. Speaker, when I was first appointed to HON. ANNA G. ESHOO STAR fellowship, through the EPA’s Greater the position of Ranking Minority Member of Research Opportunities program. OF CALIFORNIA the House Administration Committee by IN THE HOUSE OF REPRESENTATIVES She is only the second Idaho student ever Democratic Leader Pelosi, I called CRS for in- formation about internal House operations and Thursday, October 7, 2004 to win such an award, and the first since 1999. Only 22 graduate students nationwide organization. Dr. Rundquist was the first per- Ms. ESHOO. Mr. Speaker, it is with great are receiving STAR–GRO fellowships for son to respond, and he demonstrated why disappointment that I rise in opposition to this 2004, and I am extremely proud that one of CRS is held in such high regard—he was Conference Report. I opposed the House them is from Idaho’s 1st District. prompt, thorough, and professional. Later, version of this bill in June and hoped that what when I needed information on congressional would come out of the Conference Committee The EPA’s STAR graduate fellowship pro- continuity, Dr. Rundquist was again there with would be an improvement. Instead, what we gram is the only federal program exclusively the needed research and information. I’m cer- see before us is much worse. for students pursuing advanced degrees in en- tainly glad Dr. Rundquist has remained a Con- I wish I could support this legislation be- vironmental sciences. It is highly competitive, gressional asset all these years, and I hope cause it does contain some worthwhile re- with only 7 percent of applicants being award- he stays on for many years to come. forms that will benefit the economy and elimi- ed fellowships. Dr. Rundquist is a son of Illinois; born in nate harmful tariffs. Some of the provisions in- Toby and the other STAR fellowship recipi- Chicago, he holds a Bachelor’s degr from Loy- cluded in this legislation would greatly benefit ents clearly are the best and brightest of ola University, and an M.A. and Ph.D. from businesses within my district. I strongly sup- America’s future environmental scientists. the University of Chicago. Appointed to the port the inclusion of incentives for corporations These brilliant men and women will lead the staff of CRS in 1974, he is a nationally re- to repatriate their overseas profits which would way to unimaginable advances in more effi- nowned expert on legislative procedure, the stimulate the investment of hundreds of mil- structure, organization, and functions of the ciently managing our natural resources and lions of dollars in our domestic economy and, United States Congress, and congressional protecting human health and safety. in fact, worked hard to get this provision in the history. One of several CRS analysts assigned bill. I cannot support a $140 billion grab-bag of Mr. Speaker, please join me in congratu- to assist the Speaker’s Task Force from 1990 special interest handouts to solve a $4 billion lating Toby Gass and all the STAR–GRO fel- to 1994, Dr. Rundquist has continued to pro- problem. lowship winners for their achievement, and vide invaluable assistance to the members We had a simple job to do: to repeal the thank them for their groundbreaking work, and staff of the Polish Parliament, while main- current export subsidy that led the World from which we all will benefit. taining the full schedule of his duties at CRS.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00052 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.292 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1919 He gave generously of his knowledge and per- yet supportive atmosphere for children in works every day to prevent and reduce suf- spective, providing information and analysis to Noogieland, all designed to channel strength, fering from this devastating birth defect. the Sejm as it developed the institutions, poli- hope and solidarity to all participants. The SBAA was founded in 1973 to address cies, and procedures so necessary to a vital, The current membership of the Club is the needs of the individuals and families af- democratic national legislature. During several 3,615, and the Club has now passed the mile- fected by this disease and is currently the only missions to Poland, he advised on the estab- stone of 100,000 member visits. An organiza- national organization solely dedicated to advo- lishment of parliamentary rules and proce- tion with a resolute mission, a compassionate cating on behalf of the Spina Bifida commu- dures, committee structure and function, and heart, and an intrinsic sense of humor, Gilda’s nity. As part of its service through almost 60 support services to members, committees, and Club is a valued asset to the New York com- chapters in more than 125 communities party organizations. munity. Testimonials, such as that of one across the country, the SBAA puts expecting In 1996, Dr. Rundquist was appointed a Ful- member who said that ‘‘this club has shined parents in touch with families who have a child bright Professor of Politics at Warsaw Univer- light and hope into some of the darkest cor- with Spina Bifida. These families answer ques- sity, and also served as a visiting professor at ners of my life,’’ coupled with the growing tions and concerns and help guide expecting the Jagiellonian University in Cracow. During membership numbers are a clear indication of parents. The SBAA then works to provide life- the following two years, he lectured widely and the Club’s magnificent achievements. I am de- long support and assistance for affected chil- continued to provide support and analysis for lighted to wish Gilda’s Club a joyous and dren and their families. the Polish Parliament and its members, pro- memorable 10th anniversary celebration, and Together the SBAA and the West Michigan viding informal assistance to the Sejm as it to convey my sincere wishes for a thriving and Spina Bifida Association, the Spina Bifida As- drafted a new constitution, and even advice on prosperous second decade. sociation of Southeastern Michigan, the Spina the official translation of the new constitution f Bifida Association of Upper Michigan, and the into English. Southwest Michigan Spina Bifida & Hydro- His service to the United States Congress CONGRATULATING DR. LINDA cephalus Association work tirelessly to help has continued uninterrupted throughout this BUCK families meet the challenges and enjoy the re- period. His recent projects and publications wards of raising their child. I would like to ac- have included authoritative studies on guaran- HON. JIM McDERMOTT knowledge and thank SBAA and these local teeing the continuity of Congress, especially OF WASHINGTON Spina Bifida organizations in Michigan for all the House of Representatives, in the event of IN THE HOUSE OF REPRESENTATIVES that they have done for the families affected terrorist attacks, and ground-breaking analysis by this birth defect, especially those living in Friday, October 8, 2004 of the Senate power sharing agreement of my state. 2001–2002. MR. MCDERMOTT. Mr. Speaker, we marvel Spina Bifida is a neural tube defect that oc- Accompanied by his wife, Ellen, and CRS at the wonders the Hubble Space Telescope curs when the central nervous system does colleagues and friends of many years, Dr. has brought us. We gaze in amazement at the not properly close during the early stages of Rundquist was awarded the Order of Merit at images beamed back from a rover on Mars. pregnancy. Over 1,500 babies are born with a ceremony held at the Polish Embassy on As astonishing and inspiring as these discov- Spina Bifida each year. There are three dif- September 29. 1 extend my sincere congratu- eries are, sometimes you don’t have to go ferent forms of Spina Bifida with the most se- lations to this dedicated servant of Congress very far for a major discovery. vere being Myelomeningocele Spina Bifida, and the American people for his many distin- In fact, sometimes the wonder is as close which causes nerve damage and severe dis- guished accomplishments. as the nose on your face. We learned that abilities. This severe form of Spina Bifida is di- f earlier this week with the announcement that agnosed in 96 percent of children born with Dr. Linda Buck from the Fred Hutchinson Can- this condition. Between 70 to 90 percent of the IN HONOR OF GILDA’S CLUB OF cer Research Center had won a Nobel Prize children born with Spina Bifida are at risk of NEW YORK CITY in Medicine. Dr. Buck and Dr. Richard Axel of mental retardation when spinal fluid collects Columbia University will share a Nobel for around the brain. HON. JERROLD NADLER their pioneering research on the sense of The exact cause of Spina Bifida is not OF NEW YORK smell. known, but researchers have concluded that IN THE HOUSE OF REPRESENTATIVES The more we learn about the human body, women of childbearing age who take daily folic the more amazing we know the human body acid supplements reduce their chances of hav- Friday, October 8, 2004 is. ing a Spina Bifida pregnancy by up to 75 per- Mr. NADLER. Mr. Speaker, I rise today to On behalf of the people in the 7th Congres- cent. Progress has been made in educating pay tribute to Gilda’s Club of New York City, sional District, I want to congratulate Dr. Buck. women on the importance of consuming folic on the occasion of its 10th anniversary. In This is the third time that the Fred Hutch- acid supplements and maintaining diets rich in 1995, Gilda’s Club opened its doors in honor inson Cancer Research Center has been folic acid. Recent data from the Centers for of the late Gilda Radner. While most well- home to a Nobel laureate. That is an extraor- Disease Control shows an increase in con- known for her work as a comedienne, dinary achievement in and of itself. sumption of vitamins with folic acid by 8 per- Radner’s legacy carries on in the Club be- This is a proud moment for Seattle, Fred cent over 2003. Since the Food and Drug Ad- cause of her wish that people living with can- Hutch and our distinguished research scientist. ministration decision to fortify enriched grains cer, as she did so bravely, would find a com- Thank you Dr. Buck for an individual with folic acid, CDC has documented a 26 munity with which to talk and seek comfort achievement that we can all share. percent decline in these birth defects. while fighting the disease. A festive gala, f Although this is good news, we will still have ‘‘Celebrating Gilda,’’ will be held on November babies born with Spina Bifida who need inten- 4th to mark the success and progress of OCTOBER IS NATIONAL SPINA sive care and families that need guidance and Gilda’s Club over the past ten years. BIFIDA AWARENESS MONTH support in caring for and raising these chil- Gilda’s Club, a non-profit organization with dren. The result of this neural tube defect is both of its branches located in my Congres- HON. BART STUPAK that most babies suffer from a host of phys- sional district, was founded upon the premise OF MICHIGAN ical, psychological, and educational chal- that ‘‘when cancer happens, it happens to the IN THE HOUSE OF REPRESENTATIVES lenges, including paralysis, developmental entire family,’’ a message so eloquently con- delay, numerous surgeries, and living with a veyed by Radner herself. Gilda’s Club is pre- Friday, October 8, 2004 shunt in their skulls in an attempt to ease their mised on the belief that while doctors can Mr. STUPAK. Mr. Speaker, I rise today to condition. Today, approximately 90 percent of treat the physical effects of cancer, the emo- recognize that October is National Spina Bifida all babies diagnosed with Spina Bifida live into tional effects of the disease must also be Awareness Month and to pay tribute to the adulthood, approximately 80 percent have nor- treated. The Club provides a comprehensive more than 70,000 Americans—and their family mal IQs, and approximately 75 percent partici- emotional and social support community for members—who are currently affected by pate in sports and other recreational activities. anyone whose life has been touched by can- Spina Bifida—the nation’s most common, per- With proper medical care, people who suffer cer in any way, free of charge. Its Basic III manently disabling birth defect. The Spina from Spina Bifida can lead full and productive Plus membership provides programs ranging Bifida Association of America (SBAA), an or- lives. However, they must learn how to move from Support and Networking Groups, to edu- ganization that has helped people with Spina around using braces, crutches or wheelchairs, cation in Lectures and Workshops, to a playful Bifida and their families for over 30 years, and how to function independently. They also

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00053 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.296 E11PT1 E1920 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 must be careful to avoid a host of secondary the road toward recovery. Diageo’s generators shown as a beacon in the darkness to the mil- health problems ranging from depression and were first put to task by providing power to op- lions of oppressed Chinese citizens across the learning disabilities to skin problems and latex erate Hardee County’s only solid waste facility, Taiwan Straits. Taiwan is a model for the allergies. a facility critical to public health in crisis situa- mainland on many fronts, from its growing de- After decades of poor prognosis and short tions. Two additional generators were used to mocracy to its robust economy. life expectancy, breakthroughs in research power a local campground being used as a I am proud to say that the United States has combined with improvements in health care temporary shelter for displaced families. always been an uncompromising partner with and treatment children with Spina Bifida are In my district, Diageo helped us after Hurri- Taiwan, making sure that our ally has the now living long enough to become adults with cane Frances by supplying one of these gen- means to defend its democracy in the event of this condition. However, with this extended life erators to power the Port St. Lucie pumping attack from mainland China. While peace in expectancy people with Spina Bifida now face station, sending safe drinking water to the the Taiwan Straits has been fragile at times, new challenges in the fields of education, job homes and shelters of over 88,000 residents the people of Taiwan continue to stand tall training, independent living, health care for of Port St. Lucie and the surrounding area. and firmly committed to their freedom. secondary conditions, aging concerns, and Water usage was restored to my constituents I salute their courage and strength and other related issues. much faster than in hurricanes of the past be- know that the American people join with them I am proud to cochair the Congressional cause of the Diageo Spirit of America efforts. in celebrating this important anniversary of lib- Spina Bifida Caucus with my colleague Rep- The others were used at the will of the Fort erty and democracy in East Asia. resentative CHRISTOPHER SMITH. The Congres- Pierce Emergency Operations Center wher- f sional Spina Bifida Caucus brings increased ever the need was greatest attention to this condition and advances initia- This assistance effort is part of Diageo’s on- HONORING ROBERT J. MANN tives that will improve the quality of life for going humanitarian efforts. In the hours and those individuals and their families living with days after 9/11 Diageo and its employees pro- HON. KAREN McCARTHY Spina Bifida. So far we have 43 members, vided numerous relief activities and assist- OF MISSOURI and I encourage my colleagues to join the ance. In December 2001, Diageo brought the IN THE HOUSE OF REPRESENTATIVES Caucus. first corporate humanitarian airlift to war-torn I again wish to thank the SBAA and its Afghanistan by delivering more than 100,000 Friday, October 8, 2004 chapters for all of their hard work to prevent pounds of food and emergency supplies to Ms. MCCARTHY of Missouri. Mr. Speaker, I and reduce suffering from this birth defect and 800 orphans in Kabul. In June of 2003, the rise today to honor our ‘‘Homegrown Hero,’’ for their commitment to improve the lives of company chartered a DC–8 plane and brought Robert J. Mann. As the founder and executive those 70,000 individuals living with Spina a cargo of food, medicine and school supplies director of Bridging the Gap Inc., Bob is being Bifida throughout our nation. The Spina Bifida to Baghdad, becoming the first American com- honored by the organization on October 15, community and our nation owe a tremendous pany to embark upon a humanitarian mission 2004, for his leadership and vision which debt to the SBAA for its work over the past into Iraq. In November, Diageo provided more transformed greater Kansas City into a col- three decades. Much more work still needs to than 12,000 turkeys to the Connecticut Food laborative and interconnected community of be done, and I am confident this fine organiza- Bank so that 72,000 disadvantaged families environmental awareness, advocacy and ref- tion and its chapters will lead the effort for could celebrate a traditional Thanksgiving din- ormation. decades to come. I wish the Spina Bifida As- ner. And this past June, the Diageo Spirit of Thirteen years ago, Bob created Bridging sociation of America the best of luck in its en- the Americas Airlift brought in and distributed the Gap, an environmental movement of vol- deavors and urge all of my colleagues and all emergency supplies to flood victims in Haiti unteers who created and maintain our first 15 Americans to support its important efforts. and the Dominican Republic. Diageo’s Spirit of local community recycling centers. It has since f America Humanitarian Aid Missions are facili- grown into a regional, multifaceted environ- tated by the Bridge Foundation, a nonprofit mental movement involving businesses, gov- RECOGNIZING THE DIAGEO SPIRIT humanitarian aid and development organiza- ernments, schools and thousands of volun- OF AMERICA HUMANITARIAN tion which provides humanitarian aid world- teers. Under Bob’s leadership all segments of RAPID RESPONSE EFFORTS ON wide. Diageo is the world’s largest total bev- the greater Kansas City community have be- BEHALF OF FLORIDIANS IN THE erage alcohol company. come interconnected and established partner- WAKE OF BOTH HURRICANE Mr. Speaker, I ask my colleagues to join me ships working together to make a difference CHARLEY IN AUGUST AND HUR- in thanking Diageo North America and its Spir- and improve Kansas City’s quality of life, eco- RICANE FRANCES IN EARLY SEP- it of America Fund for its rapid response to the nomic efficiency and environmental sustain- TEMBER crisis created by these hurricanes. Their on- ability. During a decade of creating change for going generosity and understanding of this cri- a healthier community, Bridging the Gap suc- HON. MARK FOLEY sis and these others throughout the world rep- ceeded in educating the public through envi- OF FLORIDA resent the finest and most compassionate ronmental publications and speakers bureaus, IN THE HOUSE OF REPRESENTATIVES qualities in America. hosting special green events for environmental Friday, October 8, 2004 f awareness and advocacy, and ballot initiatives that brought curbside recycling to Kansas City. Mr. FOLEY. Mr. Speaker, I rise today to rec- HONORING THE NATIONAL DAY OF I have been an ardent supporter of Earth ognize and pay tribute to the Diageo Spirit of THE REPUBLIC OF CHINA ON Day since the first one in 1970, when I America Fund and its efforts during the recent TAIWAN devastating hurricanes that hit Florida in Au- showed my support by bicycling to my job as gust and September. As we Floridians have a schoolteacher and discussing with my stu- dealt with the aftermath of these storms, it be- HON. TERRY EVERETT dents the responsibility each individual has to OF ALABAMA came apparent that the most precious com- our global environment. Since 1997 my Earth IN THE HOUSE OF REPRESENTATIVES modity needed to jumpstart the road to recov- Day celebration has come to include Bridging ery was electricity. Without this precious com- Friday, October 8, 2004 the Gap’s Earth Day Walk, an eagerly antici- modity, our relief workers were left literally in Mr. EVERETT. Mr. Speaker, on October 10, pated annual celebration and fundraiser for the dark to sort out what steps needed to be the people of the Republic of China on Taiwan more than 1,000 Kansas Citians. More than made to restore order, security, and normalcy celebrate their national day. I join with my col- 5,000 area residents attend the Party for the to our devastated state. leagues here in the House in congratulating Planet at the Kansas City Zoo, another Earth Recognizing this need and even before ei- them on this solemn and happy occasion. Day event sponsored by Bridging the Gap. ther Hurricane Charley or Frances made land- The United States and Taiwan have a long Bridging the Gap Inc. has grown dynami- fall, Diageo was poised to help our cause by history of friendship and a tradition of democ- cally and now includes: RecycleFirst, Kansas bringing four giant portable generators to the racy which bind our two nations. Despite the City’s curbside recycling education program; areas most likely in each storm’s path. These lack of formal diplomatic relations between Keep Kansas City beautiful, a beautification generators were made available to relief work- Taiwan and America, our economic, political, project involving more than 7,700 volunteers ers in St. Lucie County and throughout each and military ties are strong and continue to for 165 metro wide cleanups; Kansas City storm’s most devastated areas. grow. Wildlands, a natural and wild places restora- Diageo’s generosity and unique foresight For decades, the freedom and individual tion and conservation project; Environmental helped us literally jumpstart our move down rights afforded to Taiwan’s citizens have Excellence Business Network, an education

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00054 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.300 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1921 and mentoring program for businesses; Waste Twenty years later, on January 17, 2001 the It’s a proven, commonsense principle: Stop Reduction and Recycling Consultation, an ad- Treasury Department issued a set of pro- punishing those who build in America. Lower visory, assessment and action program for posed regulations under section 263(g), that the tax burden on those who manufacture and would expand the scope of 263(g) beyond so- governments, businesses, educational and called cash and carry transactions, and produce here in America, with a higher tax cultural institutions; Regional By-Product Syn- states in its effective date section that the rate if you build it overseas. ergy Initiative, a project to help business and new rules apply to ‘‘. . . interest and car- Create jobs in America’s small businesses government reduce waste and increase pro- rying charges properly allocable to personal by letting them keep more of what they earn— ductivity; Shadowcliff Retreat Center, environ- property that are paid, incurred, or accrued making it easier to buy that new computer, mental education and retreat center in Grand after the date these regulations are adopted that new printer, that new machinery so they as final . . . for a straddle established on or Lake, Colorado; and Environmental Excellence after January 17, 2001.’’ can compete with anyone, anywhere. Awards, an annual event to honor individuals, Despite the clear legislative intent, the And for all those small industries—whether businesses and schools. IRS has attempted to apply the proposed they are American companies making bows Bob’s efforts have been recognized locally regulations expanding the coverage of 263(g) and arrows, tackle boxes, small aircraft, or and nationally for Building the Gap’s leader- to transactions undertaken prior to January U.S. films—let’s get rid of the job killers where ship. Awards include: National Recycling Coa- 17, 2001, and a number of field agents have in- our Tax Code treats them worse than their dicated to taxpayers that absent clear guid- overseas competitors. lition’s Award for Environmental and Commu- ance to the contrary, they will continue to nity Leadership, Kansas City Consensus apply this expansive interpretation of sec- Some critics may ridicule these provisions, Achiever Award, Missouri Governor tion 263(g) on a retroactive basis. but it’s no laughing matter to the American Carnahan’s Pollution Prevention Award, EPA When the tax writing committees decide to workers in these small industries. Pollution Prevention Award, American Forest change the law in a way that might affect This bill also restores sales tax fairness to & Paper Association’s Best Paper Recycling ongoing transactions our normal practice is the Tax Code, easing the sales tax burden on to put the public on notice through an an- American families and giving a direct eco- Award, Mid-America Regional Council Re- nouncement. Once we have so acted, it is gional Leadership Award, Waste Reduction considered fair to make the change effective nomic boost to Main Street. and Recycling Award for non-profits, Missouri on the date of the announcement because In States like mine, it means delivering $1 Environmental Education Association Environ- taxpayers have been given fair warning. billion of tax relief to Texas families each year, mental Education Service Award, and Keep I would like to know if you agree with my and creating enough new jobs to fill nearly America Beautiful First Place National Litter conclusion that the IRS should follow rules every seat in the Toyota Basketball Arena with Prevention Award. that are equally fair. If a change in the law a new Texas worker. which was not made as a result of a legisla- Best of all, every taxpayer in America will Bob’s leadership and vision of collaboration, tive mandate is announced in regulations, do his perseverance in environmental problem you agree that the change should be prospec- have the option of choosing to deduct either solving, and his service and commitment to a tive? their state and local income taxes or sales healthy earth have inspired thousands of indi- Thank you for considering this matter and taxes, whichever is highest. viduals to make a difference. Mr. Speaker, I look forward to your response. Thanks to the leadership of Chairman BILL please join me in honoring Robert J. Mann, a Sincerely, THOMAS, the key support of Majority Leader bridge builder who has indeed made our com- PHIL ENGLISH. TOM DELAY and hard work by my colleague SAM JOHNSON of Texas, we have re-opened munity, our region and our planet a better HOUSE OF REPRESENTATIVES, place through his tireless efforts to honor our COMMITTEE ON WAYS AND MEANS, the door to sales tax fairness that has been Earth and all who share its wonders. Washington, DC, October 8, 2004. locked shut for 18 years. f Hon. PHIL ENGLISH, Every legislator from a sales tax State House of Representatives, Longworth House Of- should support this bill because this oppor- CONFERENCE REPORT ON H.R. 4520, fice Building, Washington, DC. tunity may not occur again for another two AMERICAN JOBS CREATION ACT DEAR MR. ENGLISH: I am writing in re- decades, if at all. OF 2004 sponse to your letter regarding Sec. 263(g) of In conclusion, let’s get the job-killers out of the Internal Revenue Code and the Internal Revenue Service’s (IRS) application of re- our Tax Code, and create jobs right here in SPEECH OF lated regulations. America. HON. PHIL ENGLISH Without in any way questioning whether f IRS interpretation in this case was appro- OF PENNSYLVANIA priate, I agree with your conclusion that the RECOGNIZING FRANK D. JACKSON IN THE HOUSE OF REPRESENTATIVES expansion of the scope of 263(g) should have OF EUGENE, OREGON Thursday, October 7, 2004 been prospective. I believe the Secretary of Treasury should do whatever is necessary to Mr. ENGLISH. Mr. Speaker, I submit the fol- make sure that the regulations that have HON. PETER A. DeFAZIO lowing exchange of letters between myself been brought to my attention by your letter OF OREGON and Chairman THOMAS for submission into the are implemented in that manner. IN THE HOUSE OF REPRESENTATIVES RECORD related to debate on H.R. 4520, The Sincerely, Friday, October 8, 2004 American Jobs Creation Act of 2004, which WILLIAM M. THOMAS, Chairman. took place October 7, 2004. Mr. DEFAZIO. Mr. Speaker, I rise today to f recognize and to thank Frank D. Jackson of HOUSE OF REPRESENTATIVES, Eugene, OR, for his tireless efforts to improve Washington, DC, October 7, 2004. CONFERENCE REPORT ON H.R. 4520, the lives of working men and women and their Hon. WILLIAM M. THOMAS, AMERICAN JOBS CREATION ACT families. Chairman, Committee on Ways and Means, OF 2004 Longworth House Office Building, Wash- Frank Jackson is a man of conviction, dedi- ington, DC. SPEECH OF cated to serving his community by strength- DEAR MR. CHAIRMAN: I am writing to raise ening labor rights. His unwavering vision for a concern regarding regulations issued sev- HON. KEVIN BRADY working America has put him on the front lines eral years ago by the Internal Revenue Serv- OF TEXAS in the fight for decent pay and benefits, safe ice (IRS) in which they apply an expansive IN THE HOUSE OF REPRESENTATIVES new interpretation of the law retroactively. and healthy workplaces, and dignity and re- Congress enacted section 263(g) of the In- Thursday, October 7, 2004 spect for the rank and file. ternal Revenue Code as part of the Economic Mr. BRADY of Texas. Mr. Speaker, let’s be Until he retired in 1992, Jackson worked two Recovery Tax Act of 1981 (‘‘ERTA’’) to dis- honest: Republicans don’t ship American jobs jobs for decades—firefighter and union activ- courage the use of certain ‘‘straddle’’ type overseas. Neither do Democrats. Why would ist. He has been a steadfast advocate for tax shelters known as ‘‘cash and carry’’ they? workers since joining his first union at the age transactions. In the Report accompanying But our own U.S. Tax Code does, and that’s of 15 and was recently inducted into the Labor ERTA, the Senate Finance Committee noted Hall of fame for his many years of leadership that ‘‘[t]he committee intends to discourage the responsibility of both parties in Congress. these transactions, sometime called ‘cash It’s time we stop pointing fingers and start in the labor movement. He served as presi- and carry’ shelters, in its legislation.’’ The working together to save American jobs. dent and secretary-treasurer of his union, Eu- Committee also described the nature of the That’s what the American Jobs Creation Act gene Firefighters Association Local 851, Inter- ‘‘cash and carry’’ transactions Congress was does. It removes the job-killers in our Tax national Association of Fire Fighters; president trying to discourage, in detail. Code. and executive secretary-treasurer of the Lane

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00055 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.305 E11PT1 E1922 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 County Labor Council; senior vice president of study showed positive trends, but with much greatest threat to the fundamentalists that the Oregon State Fire Fighters Council; and room to grow. The study found that a nutrition would do harm to America is exactly what will Executive Board member of the Oregon AFL– course was required in forty percent of the take place tomorrow in Afghanistan: Democ- CIO. medical and osteopathic programs, an elective racy. And for that, Mr. Speaker, I commend In solidarity and strength, I am proud to sa- course in 13 percent, and 24 percent of the the Afghan people. lute Frank Jackson for his wholehearted com- schools integrated the subject in other f mitment to organized labor and working peo- courses. Approximately 23 percent lacked nu- ple in Oregon. trition of any type. Schools that required nutri- IN RECOGNITION OF THE DESIGNA- TION OF OCTOBER 12–20, 2004, AS f tion showed a mean number of 2.5 credit hours, and it was rare for medical programs to NATIONAL AWARENESS WEEK INTRODUCTION OF THE ENHANC- require more than one nutrition course or for FOR THE F.O.P. CAMPAIGN ING NUTRITION IN MEDICAL the course to exceed three credit hours. EDUCATION ACT OF 2004 Mr. Speaker, a similar survey conducted in HON. VITO FOSSELLA 1997–1998 showed that 26 percent of medical OF NEW YORK HON. TOM UDALL school programs required nutrition courses. IN THE HOUSE OF REPRESENTATIVES OF NEW MEXICO The slight increase in programs requiring nutri- Friday, October 8, 2004 IN THE HOUSE OF REPRESENTATIVES tion courses is certainly a positive trend, but Mr. FOSSELLA. Mr. Speaker, I rise today in Friday, October 8, 2004 considering the alarming rates of obesity, dia- betes, and other negative health affects asso- recognition of the Fibrodysplasia Ossificans Mr. UDALL of New Mexico. Mr. Speaker, ciated with poor nutrition, we must do more. Progressiva (F.O.P.) Awareness Campaign the importance of nutrition in attaining and The Enhancing Nutrition in Medical Edu- and the declaration of October 12–20, 2004 as maintaining a healthy lifestyle is well known. cation Act provides no new mandates to med- National Awareness Week. Currently 220 Today, as countless reports and articles call ical schools, but simply allows them the oppor- Americans have been diagnosed with this rare attention to the obesity epidemic in our coun- tunity to access additional funds to enhance and incurable disease. F.O.P. is a musculo- try, it is more important than ever that we and increase nutrition education in their cur- skeletal disorder that leads to the growth and focus on preventive health measures including riculum. I would like to thank the people at the formation of additional bones, ultimately form- good nutrition habits. Nutrition plays a signifi- American Dietetic Association and the Asso- ing a ‘‘second skeleton’’ in the human body. cant role in the onset and progression of six ciation of American Medical Colleges, as well Due to the diligent and dedicated efforts of the of the ten leading causes of death. Nutrition as the many others who have helped me in friends and family of those diagnosed with intervention also decreases morbidity, mor- developing this legislation. I urge my col- F.O.P., there is a growing campaign to raise tality, human suffering, and medical costs. leagues to support this bill. awareness about the disease and muster sup- That is why in 1990 Congress mandated f port for F.O.P. research. In addition, President that our Nation’s medical schools integrate nu- Bush has declared the years 2002 through trition education into their curricula. Today, TOMORROW’S PRESIDENTIAL 2011 as the National Bone and Joint Decade; however—14 years later—many physicians ELECTION IN AFGHANISTAN the kick-off for which is the National Aware- and medical students are still requesting more ness week set to begin October 12. I ask my training and education in nutrition. I believe HON. ROBERT W. NEY colleagues to join me in celebrating the ob- now is the time to take action to provide addi- OF OHIO servance of Bone and Joint Decade National tional resources for medical schools through- IN THE HOUSE OF REPRESENTATIVES Awareness Week and to encourage our fellow out the country to address the known desire citizens to support awareness and research of Friday, October 8, 2004 and demonstrated need for increased training musculoskeletal disorders. and education in nutrition. Mr. NEY. Mr. Speaker, I rise today to con- f To that end, I rise today to introduce the En- gratulate the people, and the transitional gov- hancing Nutrition in Medical Education Act of ernment, of the Islamic State of Afghanistan INTRODUCTION OF ‘‘PREVENTING 2004. This legislation authorizes a grant pro- on tomorrow’s historic Presidential election. SEXUAL ASSAULTS IN THE MILI- gram for which all U.S. allopathic medical The Afghan people have come a long way in TARY ACT OF 2004’’ schools would be eligible to apply, to assist the past few years and deserve the recogni- them in developing, implementing, and inte- tion and support of the U.S. Congress. HON. CAROLYN B. MALONEY grating innovative nutrition components into Mr. Speaker, as you know, the people of Af- OF NEW YORK their existing medical education curriculum. To ghanistan are at a historic turning point. Lead- IN THE HOUSE OF REPRESENTATIVES name a few of the requirements, the grants ing to tomorrow’s election, great progress has Friday, October 8, 2004 will focus on preventive health measures such been made in their electoral process: of an es- as education on the causes, treatment, and timated 10 million eligible voters, more than 9 Mrs. MALONEY. Mr. Speaker, today, I intro- prevention of obesity; prevention and treat- million have registered, and more than 40 per- duce legislation, the ‘‘Preventing Sexual As- ment of common nutritional deficiencies; and cent of them are women. saults in the Military Act of 2004,’’ along with office education and counseling to ensure ap- I congratulate the Afghan people on this Representatives ELLEN TAUSCHER, DIANE WAT- propriate diet for mostly healthy people. The high registration percentage, and I applaud the SON, and ED TOWNS, which would appropriate grants awarded will be in the amount of diversity of the electorate and the 18 Presi- such funds as are necessary for fiscal years $50,000 for any fiscal year, or a total of dential candidates. Their participation symbol- 2005 through 2007 to eliminate the backlog in $100,000 for the 2-year duration of the grant. izes a true commitment to pluralism, democ- processing DNA evidence, to ensure that test- Also, schools awarded grants will be re- racy, and to an open electoral process. ing takes place in a timely manner, to provide quired to submit a report to the Secretary of Mr. Speaker, the people of Afghanistan are an adequate supply of forensic evidence col- HHS describing the nutrition curricula they de- still facing very real threats, however. There lection kits at all domestic and overseas U.S. veloped, along with results achieved through are still news reports of voter intimidation and military installations, military academies, and its implementation. The Secretary will in turn violence against voters and poll-workers. theaters of operation, and to ensure that at be responsible for disseminating a report to all There are even reports of Taliban loyalists ad- least one military medical personnel member, medical schools nationwide comprised of nutri- vertising rewards for anyone who kills a poll- who is trained as a Sexual Assault Nurse Ex- tion curriculum descriptions developed by the worker. aminer (SANE) or Sexual Assault Forensic Ex- grantees. The reporting requirement will en- I would like to commend President Hamid aminer (SAFE), is on duty at all times in the sure that medical schools who either chose Karzai for his leadership in opposition to these health care facility at a military academy, do- not to apply for the grants or who were not militants. Under President Karzai, the Afghan mestic military base, overseas military base, awarded grants still receive information and people continue to stand tall, bringing their and theaters of operation, except where a models on nutrition curricula they can incor- country to its moment of democracy. They memorandum of understanding is issued be- porate into their own. have remained steadfast and, in spite of the tween the military installation and a local civil- In 2003 a survey was conducted of all ac- risks, have continued to register to vote in ian hospital. credited medical and osteopathic colleges in droves. Rapes and sexual assaults are far too com- the U.S. to determine the present state of nu- While Afghanistan has a long way yet to go, mon in both civilian life and in the military. As trition training in medical school curricula. This its people have come a long way already. The the April 2004 report issued by the Pentagon

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00056 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.309 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1923 states, among other findings, current DoD poli- the Foreign Sales Corporation and end to outsourcing starts with helping our cies and standards do not focus on sexual as- Extraterritorial Income Exclusion (FSC/ETI),— manufacturers here at home become more sault and ‘‘the military services’’ policies lack thereby ending European sanctions on Amer- productive, more innovative. If we want to integration for effective prevention and re- ican businesses, is nothing but the latest boost sales, investment in modernization and sponse.’’ handout in a string of unnecessary tax cuts for employment is the way to do it. This con- This legislation will help bring justice to the multinational corporations by this Republican ference report is not the answer. victims and survivors of sexual assault by en- Majority. f suring that DNA evidence is used to identify With 2.5 million manufacturing jobs lost in perpetrators and bring them to justice. Addi- the last 3 years, including nearly 40,000 in my CONGRATULATING TAIWAN ON ITS tionally, it will provide servicemembers who State of Connecticut alone, many outsourced 93RD NATIONAL DAY are raped with the necessary medical care. to other countries like China and Singapore, As our soldiers are fighting for those who we all understand that steps must be taken to HON. HOWARD L. BERMAN have long been denied basic rights, we should revive what is the very backbone of America’s OF CALIFORNIA do everything possible to ensure that we are economy. We have seen more than half a mil- IN THE HOUSE OF REPRESENTATIVES protecting their rights, too. lion jobs shipped overseas over the last three Friday, October 8, 2004 f years and that could grow to 6 million by 2015. Mr. BERMAN. Mr. Speaker, I would like to RECOGNIZING THE I do not believe government is in the busi- take this opportunity to congratulate the Re- ACCOMPLISHMENTS OF TAIWAN ness of creating jobs; but government has an public of China on Taiwan on its 93rd National obligation to foster an environment in which Day and to welcome its new Representative to SPEECH OF jobs can be created. With this legislation, we the United States, David Tawei Lee, with HON. DEBORAH PRYCE could be providing this country’s manufactur- whom I met just a few weeks ago. OF OHIO ers with the opportunity to be able to stay Both Dr. Lee and his wife, Chih Lin, know IN THE HOUSE OF REPRESENTATIVES here. We could invest in our technology and the United States well. Dr. Lee received both invest in our workers. And, we could promote his Master’s and Ph.D. degrees from the Uni- Friday, October 8, 2004 more economic development in the United versity of Virginia while Mrs. Lee received her Ms. PRYCE of Ohio. Mr. Speaker, Taiwan States. Instead, this Administration and its Re- MBA from the University of Maryland. Dr. Lee will celebrate its National Day on October 10, publican Leadership follow a business model also served as a Research Associate at Har- 2004, and I wish to salute their many accom- that assists companies in sending the jobs off- vard University while he was heading up the plishments. shore, allows companies not to pay their fair Taipei Economic and Cultural Office in Boston Even though Taiwan is a small island with share of their taxes, and then rewards these for three years. Both of the Lee’s children few natural resources, there is no question companies with Federal contracts. They sim- were born in Washington, D.C. Dr. Lee’s ap- that it has prospered. With one of the world’s ply do not get it. pointment to become Taiwan’s representative largest foreign exchange reserves, Taiwan’s Even more, by clinging to the idea that we to the United States follows a distinguished 23 million people enjoy one of the highest should be rewarding companies who send career with the Ministry of Foreign Affairs standards of living in the world. Taiwan Presi- jobs overseas, this majority has delayed action (MOFA) and the Government Information Of- dent Chen Shui-bian has made clear his belief on this issue for more than a year. As a result, fice (GIO). From 1998 to 2001, he served as that every citizen ought to enjoy the right to manufacturers have been paying 11 percent Taiwan’s spokesman. In 2002, Representative work, the right to freedom of thought, con- tariffs on more than 1,600 American-made Lee won the most distinguished diplomat science and religion, the right to an education, products. award given by the Ministry of Foreign Affairs. the right to participate in elections, and the But now that the fix is in, this represents a The people of Taiwan and the U.S. share right to social security in the event of unem- huge missed opportunity. Rather than helping important values and have maintained a ployment, illness and disability. Also President our struggling manufacturing base, this Re- strong and dependable friendship over many Chen has promoted efforts to protect the publican conference agreement would give years. Taiwan has transformed itself from a rights of women, children, the elderly and the U.S. multinational corporations more incentive oneparty dictatorship to a vibrant multi-party indigenous people, laborers and soldiers. It is to ship jobs overseas—more than $42 billion democracy, enhanced and preserved human evident that President Chen is committed to in additional tax benefits for offshore oper- rights and civil liberties, and vigorously guard- improving the lives of his people. ations of U.S. corporations. ed the right to a free press. Its market-based Although Taiwan and the United States do In addition to rewarding corporations for ex- economy is now the 126th largest in the world. not have formal diplomatic ties, our people are porting U.S. jobs, the conference report is just Last year it was the 8th largest trading partner closely connected. Taiwan is our eighth larg- a grab bag of special interest provisions that of the United States and was the ninth largest est trading partner, thus providing many jobs will benefit few and clutter an already bewil- export market for U.S. goods. for our manufacturers. In addition, more than dering tax code. It includes billions for a range On its 93rd National Day, let us celebrate 30,000 Taiwan students study at U.S. colleges of new narrow special-interest tax breaks, Taiwan’s many accomplishments and extend a and universities, and the United States is the such as tax breaks for several varieties of warm welcome to Dr. and Mrs. Lee. number one destination for most of Taiwan bows and arrows, NASCAR racetracks, elec- f travelers. The U.S. and Taiwan share many tronic fish finders, bait containers, foreign values in common such as a commitment to gamblers who win at U.S. horse and dog CONGRATULATIONS TO THE X freedom, democracy and human rights. tracks, nuclear steam generators, and import- PRIZE WINNERS I am pleased to congratulate our friends in ers of Chinese ceiling fans. Taiwan on this special day, and hope for their Mr. Speaker, what manufacturers need from HON. RICK LARSEN continued success and progress in the future. this body is not more incentives to send jobs OF WASHINGTON f abroad; they need bold vision, recognizing that IN THE HOUSE OF REPRESENTATIVES our Federal Tax Code could work for them, CONFERENCE REPORT ON H.R. 4520, not against them, by favoring those companies Friday, October 8, 2004 AMERICAN JOBS CREATION ACT who keep their jobs here. That is exactly what Mr. LARSEN of Washington. Mr. Speaker, I OF 2004 Democrats have been pushing for more than rise today to extend my congratulations to a year—to revitalize our manufacturing base Paul Allen, Scaled Composites founder Burt SPEECH OF by cutting taxes for U.S. companies in order to Rutan, and SpaceShipOne pilots Mike Melvill HON. ROSA L. DeLAURO keep good-paying manufacturing jobs here at and Brian Binnie for winning the Ansari X OF CONNECTICUT home and end the tariffs on U.S. products. Prize. SpaceShipOne’s two successful flights IN THE HOUSE OF REPRESENTATIVES American companies should not have to resort into space indicate a bright future for space to transferring jobs to countries where workers travel and exploration. Just over 100 years Thursday, October 7, 2004 make less and have fewer benefits to stay after the Wright brothers’ flight at Kitty Hawk, Ms. DELAURO. Mr. Speaker, I rise in strong competitive. North Carolina, Paul Allen has proven that we opposition to the conference report on H.R. Americans understand outsourcing. It is continue to dream and dare to tackle ever- 4520, the corporate tax bill. This bill, which re- eroding our workforce; it has threatened every more daunting challenges each day. The suc- peals a portion of the U.S. tax code known as middle-class family in this country. Putting an cess of SpaceShipOne is truly a great victory

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00057 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.314 E11PT1 E1924 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 for Scaled Composites and for innovators many, James underwent several surgeries to (Naval Reactors), for the last eight years. Dur- around the world, as well as an indication of remove shrapnel and repair wounds. James’s ing his distinguished career, he played a piv- great things to come. wife, Angela, was flown to Germany to be with otal role in ensuring that nuclear-powered war- It is my pleasure to specifically congratulate him during these difficult times. James was ships continued to meet our global commit- Paul Allen for his crucial role in this endeavor. flown to Bethesda military hospital in Maryland ments in defense of our Nation’s security. SpaceShipOne’s success would not have in late March. Congressman Markey visited During his career, Admiral Bowman served been possible without his vision and con- James in April at which time he received the as the Commanding Officer of the nuclear- fidence. Communities in my district have long Purple Heart. James eventually returned to powered attack submarine, USS City of Cor- benefited from Mr. Allen’s investments in busi- Massachusetts and continued to receive care pus Christi, which completed a seven-month nesses and charities. Now the whole world will at the West Roxbury Veterans Hospital in Bos- circumnavigation of the globe and two special have the opportunity to benefit from his efforts ton. He has lost over 50 pounds since his in- classified missions during his command tour. to make Scaled Composites a success and to jury and requires a colostomy bag at all times. Other highlights include tours as the com- never hold back from pushing Americans’ in- He has undergone 14 surgeries thus far, but manding officer of the USS Holland, as the Di- novation to the next level. remains paralyzed from the waist down. rector of Political-Military Affairs on the Joint Private space travel has been nothing more The Boston Red Sox honored James on Staff, and as the Chief of Naval Personnel. than a dream since the advent of space flight. June 25, 2004 as he threw out the first pitch Nuclear-powered warships have safely The success of Spaceship One has prompted before a Red Sox-Phillies game at Fenway steamed over 130 million miles, and operated new fields of business and recreation. It is this Park. for more than 5,600 reactor years without a kind of innovation that will bring the next gen- James’s pay was immediately cut when he reactor accident. The last 24 million miles and eration of jobs and strengthen our economy. was transported out of the combat zone in 900 reactor-years have been achieved under This breakthrough will provide the economic Iraq. While serving the U.S. Marine Corps in Admiral Bowman’s superb leadership. He cur- stimulus to financially and scientifically moti- Iraq, James received his base pay as well as rently oversees 105 operational nuclear reac- vate individuals around the globe to look to- Combat Zone Tax Exclusion (CZTE), Immi- tors. ward the sky. It will inspire us to surpass cur- nent Danger Pay (IDP), Hardship Duty pay Admiral Bowman was a guiding force in the rent scientific limitations and travel to places (HDP), Per Diem and Flight Pay. He also lost design and construction of the VIRGINIA our grandparents could only imagine. his Family Separation Allowance (FSA) once Class submarine—our Navy’s only major com- Innovation is the key to our future. Mr. Allen he returned to the United States for medical batant available to the Fleet that was designed and the talented team at Scaled Composites care. The tax exclusion and pays amounted to with the post-Cold War security environment in have shown us that any goal is achievable more than $1,000 per month. James is now mind. These revolutionary submarines have when coupled with ambition and the drive to still a member of the Marine Corps and has significantly improved capabilities over their succeed. I congratulate all involved and look not yet been discharged. He is not entitled to predecessors in acoustics, littoral warfare, forward to seeing Paul Allen, Burt Rutan and Veterans benefits until he is officially dis- communications, sensors, and life-cycle costs. others reach new heights and overcome new charged. James was being paid about $2,500 Admiral Bowman also drove many aspects challenges. a month while serving in Iraq, but now is only of the design of the Nation’s next-generation receiving $1,300 a month. f aircraft carrier class—the first new design in He has relied on family and friends to help over 30 years. Owing much to his leadership, INTRODUCTION OF THE CROSBY- him pay for a handicapped accessible apart- the CVN–21 propulsion plant will triple the PULLER COMBAT WOUNDS COM- ment as well as daily expenses, because his electrical power available for transformational PENSATION ACT current military pay of $1,300 a month does technology, reduce reactor compartment man- not cover all of his expenses. James has also ning by nearly 50 percent, and increase ship HON. EDWARD J. MARKEY been helped by the Shutt Detachment, an as- operational availability by nearly 25 percent. sociation of former Marines, which held a OF MASSACHUSETTS As the Director, Naval Nuclear Propulsion fundraiser for him on August 19 at the Rack IN THE HOUSE OF REPRESENTATIVES Program, Admiral Bowman’s commitment to in Boston. Without the help of family, friends, Friday, October 8, 2004 environmental stewardship and public health and former Marines, James and his young and safety helped foster the highest degree of Mr. MARKEY. Mr. Speaker, today I am wife would not be able to afford an apartment public trust. The Naval Nuclear Propulsion joined by 14 of my colleagues in introducing in the Greater Boston Area and cover ex- Program continued the superb performance, the ‘‘Crosby-Puller Combat Wounds Com- penses. safety, and environmental record of nuclear- James eagerly wants to work to help other pensation Act,’’ a bill to remedy the lapse in powered warships that has existed for more members of our nation’s armed services that support that a wounded soldier experiences than 50 years. Our nuclear-powered warships are in a similar situation. He and his family from the moment he/she is evacuated from benefit from acceptance in foreign ports world- have worked with my office to address in this the combat zone for medical treatment. Al- wide as a direct result of that record. though some of that support can eventually be legislation the problems that they have experi- Mr. Speaker, I know the members of this restored if a soldier is discharged and applies enced, first hand, in coping with wounds in- house will join me in commending Admiral under certain VA programs, this bill deals with curred in James’s service to his country. I Bowman for a career of faithful service to his the immediate burden placed on soldiers like urge my colleagues to join us in ensuring that Nation. His leadership of the Naval Nuclear James Crosby, a Marine who was seriously members of the Armed Forces that are Propulsion Program, a highly effective, re- wounded while fighting for his country in Iraq. wounded while serving in a combat zone will sponsive, world-class organization, has con- The bill has been named after James Crosby continue to receive certain special pays, tax tributed significantly to our Nation’s ability to and, at his request, Lt. General Lewis exclusions and allowances associated with confront 21st century security challenges. I ‘‘Chesty’’ Puller, USMC, the most decorated such service until the member recovers from wish him ‘‘Fair Winds and Following Seas’’ as Marine in the history of the Corps. the wound or injury. he completes his honorable and distinguished Lance Corporal James Crosby of Winthrop, f service in the U.S. Navy. Massachusetts enlisted in the United States TRIBUTE TO ADMIRAL FRANK f Marine Corps when he was 17 years old. He ‘‘SKIP’’ BOWMAN is married to Angela and was living in Cali- IN RECOGNITION OF THE fornia before his service and his injury. GLOUCESTER CITY OPEN ACCESS On March 18, 2004, James was wounded HON. IKE SKELTON LEARNING CENTER, AND ITS OF MISSOURI by enemy fire while riding on the back of a PARTICIPANTS IN THE HOUSE OF REPRESENTATIVES U.S. military vehicle in Iraq. A rocket fired at the vehicle killed the driver and injured two Friday, October 8, 2004 HON. ROBERT E. ANDREWS Marines including James. A piece of shrapnel Mr. SKELTON. Mr. Speaker, I rise today to OF NEW JERSEY pierced James’ side and penetrated his intes- recognize and honor Admiral Skip Bowman, IN THE HOUSE OF REPRESENTATIVES tines and spine. U.S. Navy, as he prepares to retire upon com- Friday, October 8, 2004 James was taken immediately to a hospital pletion of more than 38 years of faithful serv- in Kuwait. He had his first operation there, ice to our Nation. Mr. ANDREWS. Mr. Speaker, I rise today to was stabilized and finally flown to a U.S. mili- Admiral Bowman has held the position of honor the Gloucester City Open Access tary hospital in Landstuhl, Germany. In Ger- Director, Naval Nuclear Propulsion Program Learning (GOAL) Center at the Mary Ethel

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00058 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.319 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1925 Costello School in Gloucester City, New Jer- Dana Arroliga, Christopher Bittner, Samantha What our servicemen and women are ac- sey, as well as its staff and participants. With Bruccoliere, Chelsea Clair, Denise Duterich, complishing is extraordinary—by any measure funding from the 21st Century Community Randy Forte, Michael Gorman, Danielle and compared to any mission in modern his- Learning Center program at the Department of Groves, Jimmy Baehr, Devin Jaskulski, Brian tory. Sadly, their courage can be measured by Education, the Camden County United Way, Donaghy, Deanne Cobb, Steven Karpinski, the casualties—Ryan, Jesse Thiry of Casco, and the Bureau of Child Nutrition at the New Hyeji Lee, Jennifer Liebrand, Melissa Warren Hansen of Clintonville, Stephen Martin Jersey Department of Agriculture, the GOAL Miloshevsky, Ryan Moore, Robert Mortimer, of Rhinelander, Nichole Frye of Lena and oth- Center provides valuable services and oppor- Markita Nelson, Carlos Nieves, Jessy Perez, ers. tunities to children and families in my district. Scott Scomolia, Corey Scott, Gabrielle But on this day, let’s also measure their Housed at the Mary Ethel Costello School Spagnolia, Marissa Wood, Destiney Wood- courage by how they’ve changed Iraq. Just a and also open to students from the St. Mary’s ward, Alicia Yourison, Steven Kumpf, Andrew year and a half after chasing Saddam from Elementary School, the heart of the GOAL Morgan, Andira Morgan, Joseph Cipriani, Jor- power, Iraq is on the path to full sovereignty Center’s programming takes place in the after dan Brady, Donna Weatherly, Jessica Meller, and moving toward free elections. When our school hours. Children in grades four through Regina Corvino, Jessica Finch, Racheal Finch, soldiers first reached Iraq, they found chaos six participate in organized recreation and ex- and Raquel Cannon. and they found evil. As USAID has reported, ercise followed by nutritious snacks which are Similarly, the following staff deserve rec- Iraq has 270 mass graves holding perhaps provided in cooperation with the Bureau of ognition for the time and energy they have put 400,000 bodies—people tortured for their be- Child Nutrition. The students then receive into making the Center a success: Super- liefs, and killed for their ethnicity. homework assistance, and take part in other intendent Mary Stansky, Business Adminis- Ryan and others fought, and rebuilt, and types of tutoring and enrichment activities. The trator James Devereaux, Mary Ethel Costello protected, and liberated—and the results have Center also hosts special events, such as field School Principal Nancy Thomas and Assistant been historic. They’ve helped rebuild 240 hos- trips to museums, plays, and libraries, movie Principal William Marble, Director of Cur- pitals, 1,200 clinics, 2,300 schools. They’ve showings, and game tournaments, as a re- riculum Sue McComb, GOAL Center Coordi- distributed 1.5 million student school kits and ward for the hard work the students do during nator Catherine George, Public Information Of- 9 million textbooks. They’ve immunized over 5 the week. ficer Lynda Lathrop, Teaching Staff Members million Iraqi children. They’ve established 16 In addition, the GOAL Center’s positive Lisa Amrosino, Patricia Duer, Gina Shank, governing councils, over 90 district councils community programming extends beyond the Carl Kohler, William Kohler, Darcy Fox-Fuchs, and nearly 200 community councils. elementary school students. Computer classes Marge Dantonio, Marilyn Holmes, Dolores In short, Ryan was doing a good thing—no, and arts enrichment courses, taught by per- Militti, Cindy Kumpel, Janeen Thomas, Kath- he was doing a great thing. And the ceremony sonnel from Camden County College, are of- leen Davi, Kate Narducci, Guy Groff, Christie honoring Ryan this weekend in Wisconsin is fered for families and their children. Camden Murray, Lorri Stasium, Christine Wilson, Betty just one small sign that all of us recognize it. County College staff also teach free college Averell, Craig Reinhart, Ellen Richards, Renee Ryan used to say that he wanted to be a courses to both parents and high school jun- Robson, Ellen Conway, Mary Ann Woodrubb, teacher—he wanted to teach others and iors and seniors in the evenings, and parents and Don Dantonio, and Board of Education shape lives. Well, he did. His life, his work, his can participate in parenting workshops offered Members Judith A. Alberti, Robert H. Bennett, sacrifice have taught us all so very much. We in cooperation with the Camden County United Sr., Sandra Lynch-Cowgill, Joanne Gurick, will never, ever forget him. We are in awe of Way. These sessions are designed to give in- Patrick Healey, Edward Hubbs, Lousia his service and all that he accomplished in his formation about helping children deal with Llewllyn, Bruce Marks, Danny O’Brien, Jr., and tragically short life. change, such as starting school, divorce, mov- William Lunemann. Ryan, you are our hero—a real hero. ing, and other potentially stressful events. The GOAL Center is truly a complete pro- f Those who choose to participate in the gram in that it assists students in the crucial GOAL Center’s programming have dem- areas of health, nutrition, and academic NATIONAL ALL SCHEDULES PRE- onstrated a clear dedication to improving both achievement. It also helps to foster a desire SCRIPTION ELECTRONIC RE- themselves and their community, and I believe for life-long learning, and serves as a valuable PORTING ACT OF 2003 they deserve recognition. The following stu- resource for families and adults seeking devel- dents have shown a notable commitment to opment opportunities. I congratulate all the SPEECH OF the goals of the program: Briana Angier, current staff and students on the hard work HON. RAHM EMANUEL they put into the program, and wish them and Christopher DiDomenico, Jacob Franchetti, OF ILLINOIS the Center continued success in the future. Brianne Goffney, Thomas Hellings, Katie Mor- IN THE HOUSE OF REPRESENTATIVES gan, William Tozer, Jessica Valcarcel, Ashlee f Cruz, Joseph Hamaker, Tamasa Nobles, Kyle Tuesday, October 5, 2004 HONORING RYAN JERABEK Pollandar, Drew Pollitt, Erika Raiken, Matthew Mr. EMANUEL. Mr. Speaker, I rise in strong Sacilowski, Chelsea Amwake, Alexandria support of H.R. 3015, the National All Sched- DiDomenico, Lori Mangini, Amanda Martin, HON. MARK GREEN ules Prescription Electronic Reporting Act of A’niah Nobles, Jamie Phillips, Kevin Brown, OF WISCONSIN 2003. As a cosponsor of H.R. 3015, I recog- Zachary Carey, Richard Mercedes, Sydni IN THE HOUSE OF REPRESENTATIVES nize that this bill represents an important step Durity, Kathleen O’Brien, Laura Casasbuena, Friday, October 8, 2004 in curbing the abuse of prescription drugs. Tracey Causey, Charles Clair, Edward Cole- Mr. GREEN of Wisconsin. Mr. Speaker, According to the NIH’s National Institute on man, Kimberly Dieterich, Kevin Dickson, Ash- every now and then, I hear someone say that Drug Abuse (NIDA), an estimated 9 million ley Egbert, Stevie Gallagher, Nicole Groves, America lacks heroes—those great men and people aged 12 and older used prescription Chelsea Gunning, Kyle Harkins, Damein Hart, women amongst us who we can use to inspire drugs for non-medical reasons in 1999. Sadly Devon Huaca, William Jacobs, Ronnie Joshi, and teach our young people. In my view, the the NIDA predicts that number to be on the Daniel Karpinski, Lauren Klipp, Paige Kopras, problem is that too many people look to the rise. This problem is compounded by the fact Samantha Mease, Jessica Medina, Kwanna playing fields or the big screen for their he- that many doctors have a hard time discussing Mosley, Janee Powers, Thomas Raymond, roes. But all of us here today know better— this matter with their patients. In a survey by Jennifer Reyes, Alexis Sabatini, Samantha because we are here to remember and honor the National Center on Addiction and Sub- Schultz, Kayla Skotnicki, Xavair Stang, one of our real heroes; an American who we stance Abuse at Columbia University, 46 per- Brianna Bangle, Tina Davis, Ariana Dragone, are rightly very proud of, and whom we miss cent of physicians reported they find it difficult Joseph Foley, Kyle Gaff, Alex Gallo, CJ very much, Ryan Jerabek. to talk with their patients about abusing pre- Genarie, Thomas Gorman, Brielle Gorski- Now, we all know that our work in Iraq is far scription drugs. Schultz, William Gross, Edward Gunning, from over. There are many challenges ahead The National All Schedules Prescription Mathew Hender, Brittany Higginbotham, and, sadly, there will likely be some more dark Electronic Reporting Act of 2003 provides Courtney Iacovone, Chelse’ Kiefrieder, days ahead as well. But we also know there grants to establish state-run programs for pre- Zachary Cooper, Harley Marks, Sarah Knipp, will be brighter days ahead too, more and scription monitoring that will be administered Jack Markiewicz, Angelica Medina, Michelle more of them, as freedom’s sunlight chases and coordinated at the Federal level. This will Moler, Thomas Moore Jr., Kevin Mottas, Alex- away the shadows of tyranny. That’s what allow physicians to monitor whether their pa- is Naumann, Elizabeth Salvitti, Ryan Schafer, Ryan helped to do—bring sunlight to the shad- tients have been abusing addictive drugs or Carla Smith, Devin Vautier, Angelica Wunsch, ows. acquiring addictive drugs for others, even if a

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00059 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.323 E11PT1 E1926 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 patient has received prescriptions in other gentleman from Washington for bringing this I understand that this is a departure from states. Additionally, this bill has the potential legislation to the floor, and I urge my col- the typical form of disclosure, however I be- to significantly cut down on prescription drug leagues to support it. lieve the current environment under which abuse and to help physicians prescribe addict- f Corporate America operates needs to change. ive medications to patients who really need We must improve investor confidence, and ad- EXCESSIVE EXECUTIVE them without fear that the patient will abuse vance disclosure of excessive corporate com- COMPENSATION the drug. pensation will move us in that direction. Since my home state of Illinois instituted the f Illinois Triplicate Prescription Control Program HON. TERRY EVERETT in 1961, the program has been successful in OF ALABAMA REASSESSING FOOD LAWS combating prescription drug abuse back IN THE HOUSE OF REPRESENTATIVES home. Now it is time to build on that success Friday, October 8, 2004 HON. ED WHITFIELD by creating a federal network so that state Mr. EVERETT. Mr. Speaker, on the two- OF KENTUCKY programs can be coordinated nationally. year anniversary of the Sarbanes-Oxley Act, it IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, this is an opportunity for this is worth noting that this country has seen an Friday, October 8, 2004 Congress to recognize that the abuse of pre- increase in consumer and investor confidence, Mr. WHITFIELD. Mr. Speaker, I rise today scription drugs is a serious problem in this and a significant market recovery. Corporate to discuss an important issue facing the next country. The National All Schedules Prescrip- scandals and plunging stock prices forced Congress. Since enactment of the Nutrition tion Electronic Reporting Act of 2003 is a large Congress to pass the most sweeping regula- Labeling and Education Act of 1990, obesity part of the solution. tion of corporate activity since the 1930s, rates in America have soared, including f when the SEC was created. Many positive developments have resulted among children. PANCREATIC ISLET CELL from the passage of Sarbanes-Oxley, however According to a recent briefing provided by TRANSPLANTATION ACT OF 2004 more can be done. I fear that we have not the Institute of Food Technologists, ‘‘the most recent data from NHANES (National Health SPEECH OF seen the last of the corporate abuse exhibited by the Enrons and Worldcoms of the world, and Nutrition Examination Survey) in 2002, 65 HON. RAHM EMANUEL especially with regard to the raiding of pension percent of Americans were overweight or obese, 30 percent were obese and 4.9 per- OF ILLINOIS funds. cent were extremely obese. Over 400,000 in- IN THE HOUSE OF REPRESENTATIVES I am concerned about a growing number of dividuals die each year due to poor diet and Tuesday, October 5, 2004 corporate executives in America who are less than fully accountable to their shareholders or physical inactivity. For the first time in 100 Mr. EMANUEL. Mr. Speaker, I rise in strong employees. Some continue to demand and re- years, children face shorter life spans then support of H.R. 3858, the Pancreatic Islet Cell ceive outrageous salaries and perks while their parents, as the obesity rate for children Transplantation Act. As a cosponsor of H.R. their companies flounder. In some cases, has doubled since 1980. The total estimated 3858, I recognize that this bill will aid the med- these executives face civil and criminal inves- direct and indirect costs of obesity in the U.S. ical community as it learns more about the po- tigations for fraud and corruption. exceed $117 billion annually. Less than 1/3 of tential of islet cell transplantation. More impor- The current environment under which Cor- adults engage in the recommended amounts tantly, it will help increase the supply of porate America pays its executives allows for of physical activity. In fact, more than 25 per- pancreata that can be used for islet transplan- minimal, if any, input by the shareholders. Of- cent of Americans report no leisure time activ- tation, while also better coordinating the efforts tentimes their will is often suppressed, as was ity at all.’’ of those involved in the process. Innovations the case with Alcoa Inc. in 2003 when the While evidence suggests that the increase in this field can help people suffering from board of directors rejected a proposal ap- in obesity rates is due primarily to a decline in Type I diabetes to live without daily injections proved by the majority of shareholders that physical activity rather than an increase in ca- of insulin. urged the board of directors to seek share- loric consumption, the problem will not be According to the American Diabetes Asso- holder approval for future severance agree- solved by increased physical activity alone. ciation, there are 18.2 million diabetics in ments with senior executives. Boards of direc- For the sake of public health, many Americans America, a figure that accounts for 6.3 percent tors continue to reward their executives with must modify both their diets and physical ac- of our population. The Pancreatic Islet Cell outrageous retirement packages regardless of tivity practices. Transplantation Act is a strong step forward the company’s performance. Not only is the We in Congress should examine whether on the path to significantly improving the qual- discrepancy between pay and performance a our current food labeling laws are providing for ity of life for these Americans. problem, but the fact that the disclosure to the nutrition information, including claims re- Individuals with Type I diabetes are depend- shareholders comes months after the pay- garding the health effects and nutritional com- ent on insulin injections because their own im- ments is also troubling. position of foods, that consumers need. A re- mune systems destroy the islet beta cells that One of the most disturbing facts of these alistic appraisal of our food labeling law pro- create insulin. Islet transplantation involves misguided or criminal actions by corporate vides a mixed review: taking islet cells from a donor pancreas and leaders is that their employees see their hard- The law effectively prohibits false or mis- implanting them into a recipient where the earned profit sharing plans disappear. Yet, leading nutrition information. Uniform food beta cells from the islets begin to make and these corporate ‘rock stars’ ride off with their labeling laws facilitate consumer education release insulin. The goal is to eventually be guaranteed benefits package intact, while the and the efficient flow of commerce. The Nutrition Labeling and Education Act able to infuse enough islets so that diabetics workers and shareholders take it on the chin. (NLEA) and its implementing regulations can control their glucose levels without need- Their investments and savings, tied to cor- took a prescriptive approach that empha- ing painful insulin injections. porate growth and built up over the years, sized fat, which effectively de-emphasized By ensuring the certification or recertification have vanished. Plans of retirement are halted, the very important consideration of total of islet transplantations and research under either permanently or indefinitely; and many calories in a food. Though well intentioned, the Public Health Service Act, this bill will aid workers find themselves forced to work in their this approach may have exacerbated dietary in further developing this medical break- golden years. problems. through. This bill will break down barriers that Today, I have introduced legislation to re- The highly prescriptive approach of the now stand in the way of this treatment. Also, quire an advance disclosure to a company’s NLEA, combined with the Food and Drug Ad- by mandating an annual assessment on pan- shareholders upon the creation or increase in ministration’s (FDA) cumbersome approval creatic islet cell transplantation, we can guar- special retirement plans for executives. This process, have resulted in the agency often antee that this procedure and the Americans could bring desperately needed transparency standing in the way of providing truthful, non- who need it are not forgotten. to the boardroom. Under current law, benefits misleading information to consumers. FDA has Mr. Speaker, when a moment is at hand payable under these plans are not considered lost every major First Amendment case re- where we can improve the health of the citi- reportable compensation, which is why this garding implementation of the NLEA. In the zens of our great country, it is incumbent upon disclosure is necessary. This would allow landmark decision, Pearson v. Shalala, 164 us to do so. The Pancreatic Islet Cell Trans- shareholders to be proactive in determining F.3d 650 (D.C. Cir. 1999), reh’g, en banc, de- plantation Act of 2004 presents us with pre- whether or not their CEO deserves the mil- nied, 172 F.3d 72 (D.C. Cir. 1999), the D.C. cisely one of those moments. I commend the lions he or she is getting paid. Circuit Court of Appeals even characterized

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00060 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.326 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1927 the government’s defense of its stifling, mori- IN MEMORY OF THOMAS vided Congress with 41 recommendations to bund regulatory approach as ‘‘almost frivo- LAUBACHER, SR. help keep our Nation secure and our people lous.’’ Our law and regulatory systems cannot safe in the face of rising dangers and threats continue to block or excessively delay delivery HON. ELTON GALLEGLY throughout the world. of truthful, non-misleading information to OF CALIFORNIA These recommendations were targeted at American consumers. IN THE HOUSE OF REPRESENTATIVES eliminating terrorist organizations, at pre- venting the continued growth of fundamentalist To its great credit, the FDA has recently Friday, October 8, 2004 started to issue enforcement discretion letters. Islamic terrorism, and at protecting against that indicate the agency would not take en- Mr. GALLEGLY. Mr. Speaker, I rise to pay and preparing for future attacks. forcement action against particular qualified tribute to the memory of Thomas Laubacher, In my judgment, the 9/11 Commission report health claims that it has determined are truth- community leader and elected official from my should have made our job easy. But instead, ful and non-misleading, even though those, district who passed away September 26 at the we find ourselves faced with a bill that dan- claims have not been approved pursuant to age of 91. gerously ignores some of the Commission’s the excruciatingly slow NLEA process. While I Tom Laubacher was a native son of Ventura most important recommendations, and adds have reservations about this approach, it is County, California, having been born to a pio- hundreds of pages of extraneous and con- clearly a reasoned attempt to be less obstruc- neering Oxnard family on August 29, 1913. troversial provisions that may do little or noth- tive of truthful, non-misleading food label During his life, Tom Laubacher was a farmer ing to better secure our nation. statements. For its part, this FDA initiative is on his family’s 150–acre farm, located be- Let me be clear. I do support the bill’s provi- likely to improve public health. However, it ap- tween Doris Avenue and Teal Club Road; an sions that identify the target terrorist sanc- pears that Congress could do more. oilman for Union Oil Company; and a B–26 tuaries; that focus U.S. efforts on some of the pilot instructor for the U.S. Army Air Corps. Some of these observations are not new. In most critical parts of the world in the war on In 1954 he took over Laubacher Insurance terrorism, such as Pakistan and Saudi Arabia; 1997, Congress enacted the Food and Drug Agency and Real Estate, which his father had Administration Modernization Act (FDAMA), and that reform the homeland security grant founded in 1903. It remains in the family process to ensure that higher threat cities re- which provided for streamlined procedures for today. Tom Laubacher’s son, Thomas allowing certain products and claims to get to ceive more funds. Laubacher, Jr., now runs the business. I’d like to emphasize that last point. market. Simply put, FDA can say ‘‘no’’ with In 1964, Tom Laubacher ran for the Board As I travel through my District and New relative ease and speed, but has extensive of Supervisors for the same reason I ran for York State, what I hear most from police offi- clearance procedures with correspondingly the Simi Valley City Council 15 years later: a cers and firefighters is that we need to change long time requirements to say ‘‘yes’’ to any pe- belief that the business community needed the funding formula to ensure that areas fac- tition. So, FDAMA provided for notifications for better representation in government. He ing the highest threats—like New York—will indirect food additives, as well as for health served three terms on the Board of Super- get the increased funding need to face those claims and nutrient content claims based upon visors and I had the privilege of serving with threats head-on. We don’t have another 3 authoritative statements of certain scientific him on the Regional Sanitation Board about years to get this done—it needs to get done bodies or the National Academy of Sciences. 25 years ago. now. As long as a State like Wyoming gets Under that system, if FDA does not object to Integrity is the word most associated with seven times the amount of funding that New a notification within a specified period, the his public service, his business dealings and York receives, changing the funding formula FDAMA requirements are deemed satisfied his community work. must be this Congress’s priority. and the product or claim approved. Thanks to A devout Catholic—his Uncle John was the I believe this bill makes important changes addition of these provisions, FDA has more first assistant pastor at Santa Clara Parish— to the funding formula and I am proud to have expeditiously approved health claims that have Tom was a member of Oxnard Council 750 of helped to craft a number of these provisions provided consumers helpful information re- the Knights of Columbus and served as the and to serve on the committee that guided the garding the relationships between potassium grand knight and district deputy. In 2002, he bill through the legislative process. and the risk of high blood pressure and stoke, received the cardinal’s award in recognition of But, unfortunately, I have serious objections and between whole grain foods and the risk of a lifetime of service to his church and commu- to many other provisions included in this bill heart disease and certain cancers, as well as nity. that do not have anything to do with intel- nutrient content claims identifying foods that Tom Laubacher also maintained a long rela- ligence reform and other 9/11 Commission are significant sources of choline and of DHA, tionship with the Sisters of Mercy and St. recommendations. EPA, and ALA, specific omega–3 fatty acids. John’s Regional Medical Center. He became In my judgment, there are more effective Broader use of this concept must be consid- the first lay member of its board of directors and efficient ways of protecting our national ered if we are to continue to allow FDA to and later the board’s first lay president. security without infringing on the rights or civil block a product or claim before it gets to mar- Tom Laubacher is survived by his wife of 60 liberties of our Nation’s citizens and immi- ket, but expect advances in science to reach years, Helen, four children and 17 grand- grants. market without delay that is unacceptably children. While the 9/11 Commission report made costly in terms of public health and capital in- Mr. Speaker, I know my colleagues join me several recommendations regarding border se- vestment. in sending our condolences to Helen ‘‘Holly’’ curity and immigration policy, it did not call for Finally, FDA pre-market responsibilities re- Laubacher, their children and grandchildren, the undermining of the due process rights of garding foods are extensive and include a and pause in remembering a man for whom many immigrants by significantly expending number of matters that are not critical to public integrity was a way of life. Godspeed, Tom. expedited deportation laws; raising the bar health protection, such as temporary permits f substantially for a grant of asylum; or author- for test marketing of a food in contemplation of izing the government to deport foreign nation- amending its regulatory standard of identity. 9/11 RECOMMENDATIONS IMPLEMENTATION ACT als to countries that lack a functioning govern- Often, FDA has explained that they are not ment—or worse—condone and permit torture. handling such matters with a responsible pace SPEECH OF And, while the 9/11 Commission report rec- because they are low priorities. As a matter of ommended that we improve FBI counterintel- public health protection, such prioritization HON. NITA M. LOWEY ligence capabilities, it did not recommend that makes sense. However, it is time for us to re- OF NEW YORK Congress allow the government to secretly in- view provisions of law and regulation that re- IN THE HOUSE OF REPRESENTATIVES vestigate an individual suspected of terrorism quire agency pre-market approvals regarding Thursday, October 7, 2004 without having to prove that person is con- low priority matters. If pre-market regulatory nected to a foreign power. scrutiny needs to be maintained regarding The House in Committee of the Whole House on the State of the Union had under And finally, while the 9/11 Commission Re- such matters, consideration should be given to consideration the bill (H.R. 10) to provide for port called for federal standards for identifica- substituting notification procedures for the dys- reform of the intelligence community, ter- tion documents, including drivers’ licenses, it functional processes in place at this time. rorism prevention and prosecution, border did not recommend that immigrants should be Mr. Speaker, I share these observations so security, and international cooperation and denied a driver’s license. that my colleagues may consider them prior to coordination, and for other purposes: While I do believe that the Federal Govern- initiating work of the next Congress and in Mrs. LOWEY. Mr. Chairman, 3 months ago, ment should have a role in helping States to hopes of stimulating debate on the subject. the bipartisan September 11 Commission pro- coordinate efforts to strengthen the security of

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00061 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.330 E11PT1 E1928 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 drivers’ licenses, this bill would unnecessarily and Public Relations at the National Center for for a monitoring program following a disaster take away the power of States to set eligibility Disability Services. Among his duties was the when the President determines a monitoring and documentation criteria for drivers’ li- planning of foundation fund-raisers, including program is needed. This monitoring program censes. the Center’s Annual Celebrity Sports Night would be set up to screen the health of af- My colleagues, the focus on immigrants and Dinner. Don was also responsible for securing fected individuals. By creating a coordinated the expansion of federal powers of surveil- corporate and foundation grants for the edu- monitoring program we can provide valuable lance since September 11 has diverted atten- cation of young children with severe disabil- information to affected individuals and we can tion from other critical security lapses that ities. assure our first responders that we will con- should be addressed in this bill, such as un- For over 25 years, Don has served as Di- tinue to care about the health affects after the funded State and local homeland security rector of the Nassau County Office for the disaster. I urge my colleagues to support this needs, lack of adequate security at our na- Physically Challenged where he has always legislation. tion’s airport, intelligence gathering failures, exhibited consummate diligence and tireless f and the substantial evidence of incompetence effort. In this capacity, he has worked to enact and lack of coordination at the Department of State and Federal legislation to enhance the TRIBUTE TO THE MEN OF 2ND Homeland Security. lives of both disabled children and adults. The BATTALION 7TH MARINES However, at the end of the day, I believe pinnacle of Don’s career was in 1990 when that Congress has an obligation to act as ex- his efforts led to the passage of the Americans HON. DAVE CAMP peditiously as possible to make this country, with Disabilities Act. Today, he continues to OF MICHIGAN and indeed the world, a safer place. I don’t support civil rights policies for the inclusion of IN THE HOUSE OF REPRESENTATIVES believe that this should be done on the backs disabled persons in the workplace, commerce, Friday, October 8, 2004 of immigrants and law-abiding American citi- transportation, education, and health care. zens, and I’m going to work to make sure that During October, which is Disability Employ- Mr. CAMP. Mr. Speaker, I rise today to pay doesn’t happen. ment Awareness Month, the Department of special tribute to men of the 2nd Battalion 7th But I don’t want a single New Yorker, or Health and Human Services seeks to recog- Marines (2/7) that have recently returned from American, to lose sleep at night because Con- nize the efforts of those who have made a their tour of duty in Iraq. Specifically, I would gress failed to accomplish what we all agree contribution to the disabled in both the public like to honor Corporal Justin Perez, Lance is our highest priority—protecting America. We and private sectors. Although Don has re- Corporal Andrew Kingscott, Lance Corporal are 3 years after the attacks of September 11 ceived numerous distinctions in the past, this Justin Sebring, and Lance Corporal Ben and 3 months after the Commission issued its award distinguishes the national impact that Gunderson, of my district, for their outstanding recommendations. We simply cannot wait any he has had over the past three decades. service in support of Operation Iraqi Freedom. longer to move forward on these critical re- Mr. Dreyer’s tireless commitment to his job These proud Marines exemplify the honor forms. has made a difference in the lives of many. and tradition that the Marine Corps stands for. So, my vote today is only a vote to protect Once again, I would like to offer my congratu- These men have offered their lives for an idea the changed funding formula that prioritizes lations to him on this well-deserved national greater than any one of us as individuals—the high-risk areas like New York, my home state, recognition and wish him the best of luck in right of all God’s children to live in freedom. and to move this measure to conference with his future endeavors. Through their courage, the flame of freedom the Senate, which has passed a bill that more f has been lit; through their bravery its warmth closely embodies the 9/11 Commission rec- and light continue to shine on America; and ommendations. And I can assure you that if DISASTER AREA HEALTH AND EN- through their courage its rays of hope and op- the conference report that comes before our VIRONMENTAL MONITORING ACT portunity now reach a nation of people. Their House is not significantly improved from what actions laid the groundwork for a safe and we have today, I will vote against it. HON. CAROLYN B. MALONEY democratic Iraq, which will ultimately make the But for today, we must move this process OF NEW YORK United States and the world a safer place. forward to ultimately try to enact legislation IN THE HOUSE OF REPRESENTATIVES Their character is measured not only by that will truly and comprehensively improve their efforts in the field; it is measured by the Friday, October 8, 2004 our national intelligence structure. hope they brought to the oppressed, the free- f Mrs. MALONEY. Mr. Speaker, today I am dom they brought to the terrorized, and the introducing the Disaster Area Health and Envi- IN RECOGNITION OF DON DREYER, bravery and fortitude with which they com- ronmental Monitoring Act with my colleagues RECIPIENT OF SECRETARY OF pleted their mission. I am honored today to Representatives TIM BISHOP, SHAYS, SERRANO, HEALTH AND HUMAN SERVICES recognize Corporal Justin Perez, Lance Cor- MCINTYRE, MCDERMOTT, and SCHAKOWSKY. DEPARTMENT AWARD poral Andrew Kingscott, Lance Corporal Justin During a disaster our first responders hero- Sebring, and Lance Corporal Ben Gunderson ically rush to the disaster area with little regard for their exemplary service on behalf of their HON. CAROLYN McCARTHY for their personal safety in hopes of saving country, and thank them for their work. OF NEW YORK others. We owe it to them to at least monitor f IN THE HOUSE OF REPRESENTATIVES their health when it has been put at risk. Un- Friday, October 8, 2004 fortunately, no such program exists. There is COMMENDING DR. ROBERT STUART Mrs. MCCARTHY of New York. Mr. Speak- no better example of this than what has hap- er, I rise today on behalf of the people of the pened in the aftermath of 9/11. 4th Congressional District to recognize Don Today, more than 3 years after 9/11, there HON. HENRY E. BROWN, JR. Dreyer of Rockville Centre, NY. are literally thousands of individuals who are OF SOUTH CAROLINA I am extremely honored to congratulate Mr. still sick as a direct result of their work in and IN THE HOUSE OF REPRESENTATIVES Dreyer upon being named by Health and around Ground Zero. Included in the sick are Friday, October 8, 2004 Human Services Secretary Tommy Thompson police officers, firefighters, volunteers, resi- as one of the eight people nationwide to re- dents, and area workers. Despite a clear Mr. BROWN of South Carolina. Mr. Speak- ceive the prestigious Secretary Recognition need, there is still no one in the Federal Gov- er. I am pleased to have the opportunity to Award. Receipt of such an honor is testament ernment in charge of caring for these individ- talk about a positive, life-affirming journey to Don’s impressive record of over thirty years uals, there are no coordination among pro- which represents the best and the brightest of of work on behalf of disabled persons. grams established to screen these illnesses my district. It is with tremendous pride that I Born with brittle bone disease, Don Dreyer and there is no Federal program that provides rise today to commend Dr. Robert Stuart from was homebound until the age of 15. He has anyone with any treatment. This is why we are Charleston, SC, for being one of the 20 cy- never let the fact that he is in a wheelchair be introducing the Disaster Area Health and Envi- clists to participate in the Bristol-Myers Squibb a handicap. Instead, he has spent much of his ronmental Monitoring Act. This is the com- Tour of HopeTM. life seeing to it that the twenty percent of our panion to S. 1279, which was introduced by The Tour of Hope is a grueling eight-day nation’s population who are disabled do not Senators VOINOVICH and CLINTON in the Sen- bike journey across America that is designed see themselves as handicapped either. ate and passed by unanimous consent. to help raise awareness about the need for in- Don began his crusade for the disabled in The Disaster Area Health and Environ- creased participation in cancer clinical trials. 1971 when he served as Director of Media mental Monitoring Act would create a standard The cross-country tour is the brainchild of

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00062 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.335 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1929 Bristol-Myers Squibb and Lance Armstrong, grams, activities, standards, or regulations Assembly Member Firebaugh was first elect- six-time Tour de France winner and cancer administered by the Secretary through the ed to the California State Assembly to rep- survivor, who credits his survival to the many National Highway Traffic Safety Adminis- resent the 50th Assembly District in November tration, but does not include those provi- people before him who participated in the clin- sions within the jurisdiction of the Com- 1998. He easily won re-election and was ical trials that ultimately led to the develop- mittee on Transportation and Infrastruc- sworn into office on December 2, 2002, to ment of the treatment that saved his life. ture. serve his third term. As Robert begins the Tour of Hope on Octo- Accordingly I will waive the Committee’s As Assembly Majority Floor Leader, ber 1 in Los Angeles, he will be one of 20 cy- consideration of this legislation. By agreeing Firebaugh has been responsible for all matters clists chosen from nearly 1,200 riders who to waive its consideration of the bill, how- that are relevant to the order of business on were eager to dedicate themselves to being a ever, the Energy and Commerce Committee the Assembly floor. Furthermore, he has does not waive its jurisdiction over H.R. 5163. part of the effort to cure cancer. The Tour of In addition, the Energy and Commerce Com- served as one of the chief negotiators for As- Hope Team members are cancer survivors, mittee reserves its right to seek conferees on sembly Democrats. caregivers, physicians, nurses, and research- any provisions of the bill that are within its In 2002, Assembly Member Firebaugh was ers. Each of them has a very personal experi- jurisdiction during any House-Senate con- elected Chair of the California Latino Legisla- ence with cancer that makes their efforts all ference that may be convened on this legisla- tive Caucus and thus was responsible for de- the more poignant. Supporting and awaiting tion. I ask for your commitment to support veloping the annual Caucus’ Agenda for Cali- Robert and the rest of the riders at stops any request by the Energy and Commerce fornia’s Working Families. He has focused on Committee for conferees on H.R. 5163 or across America’s great landscape will be can- similar legislation. providing resources to schools, increasing ac- cer survivors, family members, friends, med- I request that you include this letter and cess to health care and affordable housing, ical practitioners, researchers, and govern- your response in the Congressional Record and championing immigrant rights. ment officials, all of whom share the riders’ during consideration of the legislation on His legislative tenure has been highlighted passion and commitment to finding a cure for the House floor. Thank you for your atten- with far-reaching accomplishments in numer- cancer. tion to these matters. ous policy areas. Assembly Member To achieve his goal of riding across America Sincerely, Firebaugh’s effort to ensure that California Robert will have to undertake a rigorous train- JOE BARTON, Chairman. high school students have the opportunity to ing schedule, battle inclement weather, and pursue a college education, regardless of their endure physical and mental fatigue, so that COMMITTEE ON TRANSPORTATION immigration status, illustrates his strong com- the tour’s message—the need to support can- AND INFRASTRUCTURE, mitment to the people he represents. cer research—can be delivered to commu- Washington, DC, October 6, 2004. As Chairman of the Select Committee on nities across our great country. Hon. JOE BARTON, California-Mexico Affairs, Assembly Member A selfless act, such as this, truly deserves Chairman, Committee on Energy and Commerce, Firebaugh has done extensive work in estab- to be publicly acknowledged, and I look for- Rayburn Building, Washington, DC. lishing a strong working relationship between DEAR MR. CHAIRMAN: Thank you for your ward to tracking Robert’s progress. It is my letter of October 6, 2004 regarding H.R. 5163, California and Mexico. Through his committee hope that in these fiscally challenging times the Norman Y. Mineta Research and Special work, he has launched creative initiatives to my colleagues and I will continue to make Programs Reorganization Act, and for your establish a Sister-State partnership with funding for cancer research a priority for the willingness to waive consideration of provi- Jalisco, a key state in Mexico. He has also led nation. sions in the bill that fall within your Com- efforts to reform money transmission services I offer my heartfelt thanks and appreciation mittee’s jurisdiction under House Rules. and disclosures to protect consumers in Cali- to Robert for his generosity of spirit, time, and I agree that your waiving consideration of fornia. these provisions of H.R. 5163 does not waive fortitude. It is precisely this type of commit- your Committee’s jurisdiction over the bill. Throughout his career, Assembly Member ment that will allow us to conquer cancer once I also acknowledge your right to seek con- Firebaugh has continuously demonstrated his and for all. ferees on any provisions that are under your dedication to his profession, community and f Committee’s jurisdiction during any House- family. An avid art enthusiast, Assembly Mem- Senate conference on H.R. 5163 or similar ber Firebaugh continues to seek out resources NORMAN Y. MINETA RESEARCH legislation, and will support your request for and facilities to further enable the creativity of AND SPECIAL PROGRAMS IM- conferees on such provisions. the community to flourish. As a family man, he PROVEMENT ACT As you request, your letter and this re- sponse will be included in the Congressional enjoys spending quality time with his son SPEECH OF Record. Nicolas and attending his daughter Ariana’s Thank you for your cooperation in moving soccer games. HON. DON YOUNG this legislation to the House Floor. From one public servant to another, I praise OF ALASKA Sincerely, Assembly Member Marco Antonio Firebaugh IN THE HOUSE OF REPRESENTATIVES DON YOUNG, for his service and dedication to the commu- Chairman. Wednesday, October 6, 2004 nity. f f Mr. YOUNG of Alaska. Mr. Speaker, I sub- mit the following two letters for the RECORD. RECOGNIZING MARCO ANTONIO HONORING THE SERVICE OF NA- The Hon. DON YOUNG, FIREBAUGH TIVE AMERICAN INDIANS IN THE Chairman, Committee on Transportation and UNITED STATES ARMED FORCES Infrastructure, House of Representatives, HON. LINDA T. SA´ NCHEZ Rayburn House Office Building, Wash- OF CALIFORNIA SPEECH OF ington, DC IN THE HOUSE OF REPRESENTATIVES DEAR CHAIRMAN YOUNG: I am writing with HON. MIKE McINTYRE Friday, October 8, 2004 regard to H.R. 5163, the Norman Y. Mineta OF NORTH CAROLINA Research and Special Programs Reorganiza- ´ Ms. LINDA T. SANCHEZ of California. Mr. IN THE HOUSE OF REPRESENTATIVES tion Act, which was ordered reported by the Speaker, on December 6, 2004, Marco Anto- Committee on Transportation and Infra- Tuesday, October 5, 2004 structure on September 29, 2004. As you nio Firebaugh, the Assembly Majority Floor Mr. MCINTYRE. Mr. Speaker, I rise in sup- know, the Energy and Commerce Committee Leader for the State of California, will term-out received a named additional referral upon in- of the Assembly after six distinguished years port of House Concurrent Resolution 306, of troduction. of public service. which I am a cosponsor, which passed the I understand that you will include an Assembly Member Firebaugh was born on U.S. House of Representatives on October 5, amendment when the bill goes to the floor. October 13, 1966, in Baja California, Mexico. 2004. This important legislation honors the The intent of new section 4(b) is to clarify He made California his permanent residence service of Native American Indians in the U.S. that nothing in H.R. 5163 alters the jurisdic- in 1970. Armed Forces. tion of the Committee on Energy and Com- In 1990, Assembly Member Firebaugh I have the privilege of representing the larg- merce over the National Highway Traffic Safety Administration (NHTSA). Specifi- earned his Bachelor’s of Arts Degree in Polit- est tribe of Native Americans east of the Mis- cally, section (b)(1) and (2) states that noth- ical Science from the University of California, sissippi River—the Lumbee Tribe. Approxi- ing in this Act shall grant any authority to Berkeley. He subsequently earned his Juris mately 52,000 strong, about 40,000 members the Research and Innovative Technology Ad- Doctorate from the University of California, of this tribe live in my home county—Robeson ministration over research and other pro- Los Angeles, School of Law in 1997. County, North Carolina.

VerDate Aug 04 2004 03:13 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00063 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.339 E11PT1 E1930 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Many Lumbee Indians have served our Na- Hyperbaric Medicine, and the Alisa Ann Ruch land in recent years. This legislation would tion with distinction, such as Rear Admiral Mi- Foundation. In addition, he serves as Director provide additional incentives and tools to fur- chael Holmes, who hails from my hometown of the Grossman Burn Center, Director of the ther promote this development. It would allow of Lumberton and who is the first Native Grossman Burn Unit, and Director of Re- owners of real property to avoid capital gains American to become an admiral in the U.S. search-Hyperbaric Oxygen Therapy. upon the sale of that property, provided they Navy. I visited with Admiral Holmes in Europe His past involvement with the California then invest those proceeds into a qualifying last year, as I did with Army Specialist Jona- Health Care Commission and a Judicial Nomi- renewable fuels facility. than Brooks of Pembroke, who also is from nation Evaluation Commission to the State Bar This bill will provide several benefits Robeson County. These gentlemen are just Association demonstrates Dr. Grossman’s throughout rural America and across the coun- two of the many Lumbees serving our country. commitment to civic duty. In 1994, he was try. It will help farmers and ranchers diversify Lumbee veterans also serve on my Seventh named Honorary Fire Chief for the City of Los their operations through investment in value- Congressional District Advisory Committee on Angeles, and was inducted into the California added agriculture. It will extend to all land- Military and Veterans Affairs. Department of Firefighters’ Hall of Fame. owners an additional option when they seek to In addition to the Lumbee Tribe, I also rep- Mr. Speaker, Dr. Grossman is a compas- sell their real property. Often, in my part of the resent two other tribes—the Coharie Tribe, sionate and sympathetic man, which is evident country, older individuals are forced to sell which has a tribal membership of more than through his work with San Fernando Valley their property as they retire from farming and 2,400, and the Waccamaw-Siouan Tribe, firefighters. His expert care of burn-injured fire- ranching. They then must invest their pro- which consists of a membership of approxi- fighters is indispensable. He is actively in- ceeds from this sale in order to provide them- mately 2,000. Members of each of these tribes volved in developing training programs for the selves a retirement income. This bill will en- have served honorably in the military. For ex- care of burn injuries. Please join me in recog- able them to avoid capital gains taxes and ample, the Coharie Tribal Chief, Mr. Gene nizing Dr. Richard Grossman, a distinguished provide them with an equity stake in a bur- Faircloth, is a Vietnam combat veteran and physician who has made it possible for many geoning industry. served in the U.S. Marine Corps for 6 years. burn victims to triumph over their injuries. His It also will provide a new revenue stream for And, approximately 100 members of the dedication and expertise provide comfort and the ethanol and other renewable fuel facilities Waccamaw-Siouan Tribe have served honor- life to many. that are in discussion and development stages today. This will, in turn, reduce our depend- ably in conflicts since World War II. Unfortu- f nately, on October 2, 2004, the Waccamaw- ence on foreign sources of oil, promote in- Siouan Tribe lost one of its esteemed mem- RENEWABLE ENERGY FINANCING creased use of clean-burning renewable ener- bers, Mr. Ernest Sylvester ‘‘E.S.’’ Jacobs, who INCENTIVE ACT gies, and provide new economic growth op- valiantly served in the U.S. Armed Forces dur- portunities throughout rural America. I urge my ing World War II. HON. STEPHANIE HERSETH colleagues to support this legislation and yield I am proud of the contributions that all Na- OF SOUTH DAKOTA back the balance of my time. tive Americans, including those that make up IN THE HOUSE OF REPRESENTATIVES f the Lumbee, Coharie and Waccamaw-Siouan Friday, October 8, 2004 HONORING ROBERT PARKER Tribes, have made to our great country, and I applaud them for their rich tradition of Ms. HERSETH. Mr. Speaker, I rise today to HON. MIKE THOMPSON strength, wisdom, commitment and service. I introduce a bill that will provide important in- OF CALIFORNIA commend them and all those in uniform who centives for farmers and landowners across IN THE HOUSE OF REPRESENTATIVES have volunteered to defend the rights and the country to invest in the construction of re- freedoms that we all hold dear. May God newable fuels facilities. Friday, October 8, 2004 bless each of them and their families as they This bill, called the Renewable Energy Fi- Mr. THOMPSON of California. Mr. Speaker, continue to serve valiantly our country. nancing Incentive (REFI) Act is a carefully I rise to pay tribute to one of the most prolific crafted piece of legislation that would give f and respected wine writers in the history of landowners in South Dakota and across the our Nation, if not the entire world. It is only fit- IN RECOGNITION OF DR. RICHARD country additional tax planning tools when ting that we recognize the distinguished career GROSSMAN they chose to dispose of real property. At the of Robert M. Parker, Jr. on this, the 25th anni- same time, it would encourage investment in versary of the first publication of his semi- HON. BRAD SHERMAN renewable fuel production facilities. annual journal, the Wine Advocate. OF CALIFORNIA Throughout the United States, the ethanol On October 22 and 23, 2004, the world-re- IN THE HOUSE OF REPRESENTATIVES industry is growing at an impressive rate. In nowned Culinary Institute of America (C.I.A.) fact, over the past several decades, it has Friday, October 8, 2004 will host a gala weekend of events to honor been one of the most dramatic success stories the long career of Mr. Parker. I can think of no Mr. SHERMAN. Mr. Speaker, I rise today to in manufacturing in this country. better place than the C.I.A. to have such an pay tribute to Dr. Richard Grossman for his In 1980, there were only 175 million gallons event, given all that Mr. Parker has done to devoted efforts to improving the lives of burn of ethanol produced in the United States. In further the enjoyment of fine wine and good victims in the San Fernando Valley and the 2004, we will produce more than 3.1 billion food. Nation. gallons of ethanol in 74 different processing Robert Parker was born in Baltimore, Mary- Dr. Grossman is an ally to firefighters, chil- facilities. In addition, dozens of new plants are land in 1947. The first 30 years of his life were dren, and those who have sustained burn inju- either under construction or in meaningful filled with college, law school and a 10-year ries. He brings hope, comfort, and life into sit- planning stages across the country. According career in corporate America. In August of uations where they might otherwise seem non- to industry sources, 30 percent of all gasoline 1978, the Wine Advocate was born with less existent. sold in the United States this year will be than 600 subscribers. Today, the Wine Advo- Dr. Grossman is board certified in both gen- blended with ethanol. That is an impressive cate has over 40,000 subscribers in all 50 eral surgery and plastic surgery. He holds record of growth. states and 37 countries around the world. membership in numerous societies, including Even more significant, much of this growth Mr. Speaker, over the course of 25 years of the American Burn Association, the American is driven by the agricultural producers who ac- writing his newsletter, Mr. Parker has become Society for Aesthetic Plastic Surgery, the tually grow the primary feedstock. In dozens of known as one of the world’s foremost experts American Society of Plastic and Reconstruc- instances, corn farmers and other agricultural on wine. Mr. Parker pioneered an innovative tive Surgery, the California Medical Associa- producers have banded together to form co- approach to wine criticism. Rather than limiting tion, the San Fernando Valley Surgical Soci- operatives and other ventures that produce his ratings to a letter scale or a scale of 1–10, ety, and the International Society for Burn Vic- ethanol. This has the double benefit of in- Mr. Parker rates wine on a scale of 50–100. tims. He has been president of the Los Ange- creasing the compensation they receive for This scale has become a widely accepted les Society of Plastic Surgeons. He has been the corn they grow and also providing them method of reviewing wines. also associated with a number of other organi- with income from the ethanol and the byprod- However, Mr. Parker’s rating scale only ac- zations including the Foundation for Burn Re- ucts these facilities produce. counts for a small portion of his wine reviews. search, the Los Angeles Society of Plastic This cooperative formula is one of the few Mr. Parker compiles extensive tasting notes Surgeons, the National Coalition of Burn Cen- tools that have driven real economic develop- highlighting each aspect of the wines he re- ter Hospitals, the American College of ment in rural counties throughout the heart- views. He is known for pinpointing the color,

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00064 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.343 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1931 tastes and aroma of a wine and eloquently The finalists for the 2004 Discovery Channel kills is proof enough that more research is cru- translating these attributes into prose. Young Scientist Challenge are: Kasey cial to eliminate these terrible diseases. In addition to publishing the Wine Advocate, Borchardt of Vernon, Texas; Pinaki Bose of A cure for all children fighting cancer is with- Mr. Parker has written 11 books on wine. His Fort Worth, Texas; Rebecca Chan of in our grasp. By further developing the Federal first book, Bordeaux, was published in 1985 Encinitas, California; Sara Clark of Pipe partnership with CureSearch and increasing and was met with critical acclaim worldwide. Creek, Texas; Shireen Dhir of Kathleen, Geor- funding for research, we can eliminate these Mr. Parker has been a powerful advocate of gia; Nicholas Ekladyous of Imlay City, Michi- diseases within our lifetime. By uniting to fight the international wine industry. In a 1998 arti- gan; Julia Fanning of San Antonio, Texas; childhood cancers, soon there will be a day cle, Los Angeles Times media critic David Austin Fullmer of Glendale, California; Sherri when every child with cancer can be guaran- Shaw called Parker, ‘‘the most powerful critic Gerten of Columbus Grove, Ohio; Joy Hines teed a cure. of any kind, any where.’’ Mr. Parker’s reviews of Fort Wayne, Indiana; Daniel Jakubisin of f have steadily guided wine consumers for Fairview Park, Ohio; Christine Johns of Cape many years. Coral, Florida; Sravya Keremane of Gaines- HONORING JANET REDDING ON Mr. Speaker, at this time I think it is appro- ville, Florida; Kevin Lane of Flora Vista, New HER RETIREMENT FROM SAN priate that we honor and congratulate Robert Mexico; Amanda Lu of Plano, Texas; Philip JOSE STATE UNIVERSITY Parker on his 25 years of publishing the Wine Mansour of San Ramon, California; David Advocate and we thank Mr. Parker for his Marash-Whitman of Saratogo, California; HON. ZOE LOFGREN service as a tireless champion of the wine in- Shannon McClintock of San Diego, California; OF CALIFORNIA dustry. Elijah Mena of Gales Ferry, Connecticut; Mary IN THE HOUSE OF REPRESENTATIVES f Anne Messer of Hattiesburg, Mississippi; Friday, October 8, 2004 DISCOVERY CHANNEL YOUNG Maryam Mohammed of Niceville, Florida; Ana Ms. LOFGREN. Mr. Speaker, Congressman SCIENTIST CHALLENGE Pedrajo of Coral Gables, Florida; Jordan Pen- nell of Jacksonville, Illinois; Molly Pettit of HONDA and I would like to congratulate Janet HON. SHERWOOD BOEHLERT Portland, Oregon; Jonathan Reasoner of Tuc- C. Redding, Vice President for University Ad- son, Arizona; Chana Rich of Fairfield, Con- vancement of San Jose1 State University OF NEW YORK (SJSU) as she retires after 19 years of dedi- IN THE HOUSE OF REPRESENTATIVES necticut; Anastasia Roda of Lancaster, Penn- sylvania; Michael Rutenberg-Schoenberg of cated and honorable service. Friday, October 8, 2004 Portland, Oregon; Celine Saucier of Midland, Redding was the Special Assistant to the Mr. BOEHLERT. Mr. Speaker, as Chairman Michigan; Anton Schraut of Pittsburgh, Penn- President for Governmental and External Re- of the House Committee on Science, I am an sylvania; David Sharples of East Windsor, lations for San Jose State University, Silicon avid supporter of programs that encourage the New Jersey; Dustin Shea of Jacksonville, Illi- Valley’s Metropolitan University. SJSU is the youth of America to push the limits of innova- nois; Daniella Sinay of Trumbull, Connecticut; oldest public institution on the West Coast tion and originality in science. One such pro- Janet Song of Audubon, Pennsylvania; Eric (founded in 1857) and one of the largest insti- gram is the Discovery Channel Young Sci- Strege of La Quinta, California; Adam Tazi of tutions in the 23-campus California State Uni- entist Challenge. Orlando, Florida; Blake Thompson of Gaines- versity System. With more than 3,000 employ- Created in 1999, Discovery Communica- ville, Florida; David Westrich of Cape ees, SJSU is the fourth largest public em- tions, Inc., designed the Discovery Channel Girardeau, Missouri; Kyle Yawn of Bonaire, ployer in Silicon Valley, with an annual oper- Young Scientist Challenge as part of the solu- Georgia; and Blake Zwerling of Portland, Or- ating budget of over $350 million. tion to America’s chronic underachievement in egon. A former schoolteacher at both public and science and math. The annual national contest At a time when science and technology private schools, Redding has been at SJSU responds to evidence that academic perform- plays such an enormous role in our lives, I be- for 19 years, where she oversees External, ance and interest in science among American lieve it is imperative that we continue to sup- Governmental and Community Relations. students declines dramatically as students be- port and nurture the next generation of young Under her leadership as Vice President for come older. This is particularly evident during scientists. I would like to congratulate these University Advancement contributions to the the middle school years. students for their dedication and hard work in university have totaled more than $100 million For these reasons, the Discovery Channel the name of science and wish them all good in the last decade. During her tenure, Redding Young Scientist Challenge identifies and hon- luck during the 2004 Discovery Channel created the Division of University Advance- ors America’s top middle school student who Young Scientist Challenge. ment by expanding the Alumni Association, demonstrates the best skills in leadership, the Office of Communications and Public Af- f teamwork, and scientific problem solving. fairs, and the Office of Development. She also More than 7,500 middle school students have TRIBUTE TO CURESEARCH created the President’s Advisory Council, entered the challenge since its inception in whose members serve as advocates and advi- order to compete for the title of ‘‘America’s HON. JIM SAXTON sors to the President of the university on Top Young Scientist of the Year.’’ Since 1999, OF NEW JERSEY issues affecting the university. In addition scholarship awards for the students have to- IN THE HOUSE OF REPRESENTATIVES Janet was involved with helping to secure both taled more than $450,000 and challenge win- public and private funds for the new Martin Lu- ners have participated in science-related trips Friday, October 8, 2004 ther King, Jr. joint library serving both the Uni- to far-off places, including the Roslin Institute Mr. SAXTON. Mr. Speaker, I rise to com- versity and the City of San Jose. She helped in Midlothian, Scotland, and the El Yunque mend CureSearch for the admirable work it raise $10M from private sources and $90M rain forest in Puerto Rico. does to fight against childhood cancers, the from the California State Legislature. Over the On September 20, 2004, Discovery Commu- number one disease killer of children in the past two years she worked to secure Federal nications, Inc., announced the 40 middle United States today. funding for the CSU Coastal Initiative at Moss school students who have advanced to the CureSearch, a coalition between the Na- Landing and for Nanotechnology Research in finals of the Discovery Channel Young Sci- tional Childhood Cancer Foundation and Chil- the College of Engineering here at SJSU. entist Challenge. Selected from more than dren’s Oncology Group; which is comprised of A 1993 graduate of Leadership San Jose, 1,700 entrants, the finalists represent an elite over 5000 children’s oncologist around the Redding served on the San Jose Convention group of young Americans who demonstrated country, is on the frontlines of our nation’s war and Visitors Bureau Board for six years, in- exceptional creativity and communications against childhood cancer. Their efforts are cluding a term on the executive committee as skills in original science research projects. The making a considerable impact upon the lives treasurer. In 1997, San Jose Mayor Susan 40 finalists will come to Washington, D.C., Oc- of children who have been diagnosed. Hammer honored Janet as one of the Out- tober 23–27, where they will take part in the CureSearch’s work has enabled more than 77 standing Women of Silicon Valley. She is a Discovery Channel Young Scientist Challenge percent of those diagnosed to survive these member of the National Society of Fund Rais- finalist competition at University of Maryland’s diseases. This is dramatic impact considering ing Executives, Silicon Valley Chapter, the Cole Field House. They will compete in team- that forty years ago childhood cancer was al- Council for Advancement and Support of Edu- based, interactive challenges celebrating 100 most always fatal. cation, and the Silicon Valley Planned Giving years of Albert Einstein’s physics discoveries. Certainly, this is an improvement, but we Council. The winners will be announced at the awards are still not doing enough to prevent children Throughout the years, we have always been ceremony on October 27, 2004. from dying of cancer. The fact that cancer still impressed by her energy and dedication to the

VerDate Aug 04 2004 03:13 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00065 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.346 E11PT1 E1932 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 many causes she has worked so hard for. She the conflict in Darfur and in addressing the en- safely to the Earth. The total amount of the leaves big shoes to fill and we will miss work- suing humanitarian crisis. cash prize for this demonstration is not to ex- ing with her for the betterment of San Jose I do not support H.R. 5061, Comprehensive ceed $100,000,000. State University. Good luck Janet. Peace in Sudan Act, however, because I be- Like the pioneers before them, I’m encour- f lieve it limits the President’s options in dealing aged that individuals like Burt Rutan, Mike with Sudan at a time when he should have Melvill and Brian Binnie, as well as others, will NATURAL HISTORY MUSEUM OF flexibility. I expect continued resolve from the open new frontiers that will continue to benefit LOS ANGELES COUNTY administration and believe that we should pre- American’s leadership role in space. The En- serve whatever flexibility is needed to move dowment legislation is a small step in the right HON. DIANE E. WATSON toward effective solutions in Sudan. direction. OF CALIFORNIA f f IN THE HOUSE OF REPRESENTATIVES SPACE AND AERONAUTICS PRIZE TAIWAN’S NATIONAL DAY Friday, October 8, 2004 ACT Ms. WATSON. Mr Speaker, a very impor- HON. GIL GUTKNECHT tant initiative is being launched in my district HON. DANA ROHRABACHER OF MINNESOTA by the Natural History Museum of Los Angeles OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES County. Many of us think of a museum as IN THE HOUSE OF REPRESENTATIVES merely a place to visit to see educational ex- Friday, October 8, 2004 Friday, October 8, 2004 hibits. That is not always the case. Many of Mr. GUTKNECHT. Mr. Speaker, I extend my our Nation’s museums are leading the way in Mr. ROHRABACHER. Mr. Speaker, as best wishes and congratulations to Taiwan critical scientific research. chairman of the Subcommittee on Space and Ambassador David Lee, President Chen Shui- The Natural History Museum of Los Angeles Aeronautics, I can think of no better way to bian, and the 23 million people of the Republic County is one such museum. It is the steward end my tenure than to finally witness the of China on the occasion of their National of one of the world’s largest collections of ma- dream of commercial human space flight be- Day, October 10th. rine life, representing hundreds of years of coming a reality. Burt Rutan’s tremendous ac- The United States is Taiwan’s largest trad- ocean biodiversity. The Museum aims to orga- complishment this week not only proved that ing partner. In 2000, total U.S.-Taiwan trade nize its valuable, world class marine collection space is no longer the sole domain of govern- was approximately $65 billion, with a Taiwan and merge that with new research opportuni- ment, but it is a testament to the innovative surplus of approximately $16 billion. Taiwan’s ties to gather and distribute information critical and creative potential of space entrepreneurs. chief exports to the United States include to biodiversity studies and conservation ef- On my watch, I’ve been privileged to peer into clothing and footwear, toys, and various elec- forts. With this, the Museum is establishing the the future of dynamic citizen astronauts rou- tronic products. In recent years, Taiwanese West Coast Center for Marine Biodiversity as tinely flying to and from the heavens. I ap- government officials have attempted to accom- a hub for oceanic preservation and research. plaud the hard work and dedication of Burt modate increased U.S. pressure on trade The West Coast Center for Marine Biodiver- Rutan and the good people behind the Ansari issues by meeting many U.S. demands for sity will be an extraordinary public-private part- X-Prize. They are shining examples of the greater market access for U.S. goods and nership that will benefit the world’s oceans American can-do spirit at its best. services, and responded to U.S. complaints by and the future sustainability of its valuable re- Commercial space transportation is advanc- taking stronger measures to protect U.S. copy- sources. Most importantly, the Center will take ing on-orbit services that have so enriched our rights and other intellectual property rights. a significant step to fulfilling the goals of the daily lives. The private sector should be en- The Republic of China on Taiwan is a gen- Federal Government to save the world’s couraged to continue this successful trend. I uine democracy and its people enjoy one of oceans and the ecosystems they support. am convinced a new generation of space en- the highest standards of living in the world. As There has been significant news lately re- trepreneurs is ready to make their mark in one of our largest trading partners and friends garding the status of the world’s oceans with contributing to low Earth orbit development, as in the Far East, it is my opinion that the Re- the release of the Ocean’s Commission Re- well as returning to the Moon. public of China on Taiwan deserves much port earlier this year. I know the researchers In the past, prizes have played an important greater international recognition. I will continue and data at the West Coast Center for Bio- role by promoting progress in the development to press for more favorable U.S. treatment of diversity can be a tremendous asset to the ef- of aviation. Charles Lindbergh won the Taiwan and for Taiwan’s inclusion in some ca- forts at the National Oceanic and Atmos- $10,000 private Orteig Prize for becoming the pacity in international organizations like the pherics Administration (NOAA) and other Fed- first man to fly solo across the Atlantic, and World Health Organization. Taiwan’s participa- eral departments and agencies doing similar the U.S. government offered prizes in the tion in the World Health Organization is vital to work. I strongly encourage the development of 1920s and 1930s to meet its aviation needs. the interests of the people of Taiwan, and will a partnership with these Federal entities and The X-Prize has served as a means to stimu- open Taiwan’s access to the latest information the West Coast Center for Marine Biodiversity late private manned space activities. I believe on epidemics and diseases. I have joined the at the Natural History Museum of Los Angeles we can do more in making the President’s vi- House Taiwan Caucus to express my support County. sion for space exploration a reality by award- of this important ally. f ing cash prizes to encourage greater participa- I hope that we will continue to strengthen tion of the private sector in the national space U.S.-Taiwan relations and raise the level of LEONARD C. BURCH POST OFFICE program. Today, I am introducing legislation strategic cooperation between the United BUILDING that will establish a National Endowment for States and Taiwan in accordance with the Tai- Space and Aeronautics for the national good. wan Relations Act. SPEECH OF The Endowment is intended to provide an f HON. JEFF FLAKE exciting new incentive to private sector space INTRODUCTION OF THE UTAH REC- OF ARIZONA entrepreneurs. Cash prizes in recognition of REATIONAL LANDS EXCHANGE IN THE HOUSE OF REPRESENTATIVES outstanding achievements in the scientific re- search and technology development are envi- ACT OF 2004 Wednesday, October 6, 2004 sioned as critical to the Endowment’s pro- Mr. FLAKE. Mr. Speaker, I join my col- gram. The program also is directed to receive HON. JIM MATHESON leagues in condemning the ongoing civil war donations and private gifts for the benefit of OF UTAH in Southern Sudan and the genocide in the the Nation’s aeronautics and space endeav- IN THE HOUSE OF REPRESENTATIVES Darfur region of the same country. ors. I was with my colleagues of the House of The Endowment is specifically directed to Friday, October 8, 2004 Representatives on July 22, 2004, when we award a prize for the demonstration of a reus- Mr. MATHESON. Mr. Speaker, I rise today unanimously voted in favor of H. Con. Res. able space flight vehicle to carry at least one in recognition of legislation that my colleague 467, a resolution declaring that the atrocities person to a minimum altitude of 400 kilo- CHRIS CANNON and I are introducing in the in Darfur, Sudan, are genocide. That same meters from the United States, or its terri- House today. I am pleased that so many resolution commends the Administration’s tories. The spacecraft is to complete at least stakeholders have come together to create leadership in seeking a peaceful resolution to three complete orbits of the Earth and return this legislation, which will preserve thousands

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00066 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.350 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1933 of acres of land along the Colorado River cor- Code (the ‘‘Code’’) which relates to employ- state delegations that would enact specific ridor and help to fund Utah’s schools. ment taxes. Specifically, any income of an in- policies designed to restore the civic mission Since statehood, Utahns has been blessed dividual who is not a resident of the taxing of our schools. with millions of acres of lands that are held in State from any plan, program, or arrangement I would like to recognize Diane N. Palmer, trust to generate funding for our schools. described in section 3121(v)(2)(C) is exempt the facilitator, and the whole Massachusetts These lands are scattered throughout the from that State’s income tax, provided the in- delegation for their leadership in working to state in a checkerboard pattern, making it hard come received from such plan is part of a se- design a strategy to improve civic education in for Utah and the federal agencies with adja- ries of substantially equal periodic payments our State. These Massachusetts activities in- cent property to manage our public lands. The made—no less frequently than annually—over clude: Holding a statewide conference on civic legislation we are introducing today would the life expectancy of the recipient, or for a education for new teachers; creating a com- consolidate some of these lands, with the period of not less than 10 years. mission to plan better civic education; and goals of improving the state’s ability to maxi- I think the intent of the law is clear, but I am conducting a survey to determine what civic mize the funding it earns for schools, pre- aware that a question could arise regarding education programs are already used in high serving land along the Colorado River corridor state taxation of nonqualified retirement bene- schools. for recreational use, and easing the Depart- fits paid by a partnership to its retired non- I look forward to seeing the accomplish- ment of Interior’s ability to manage federal resident partners. Specifically, the concern is ments of the Massachusetts civic education land in Utah. that the reference to section 3121(v)(2)(C) of delegation and their participation at the Sec- The land exchange that is being proposed the Code could be construed to limit the ex- ond Annual Congressional Conference on today has the potential to be a win-win solu- emption to payments made only to retired em- Civic Education on December 4–6 of this year. tion for the State of Utah and the United ployees—i.e. those individuals subjected to f States. This legislation seeks to create an FICA tax—since that provision is written in the FEDERAL CHARTER FOR THE equal value exchange where both American context of employment taxation. Under this AMERICAN INDIAN VETERANS taxpayers and the school children of Utah get view, nonqualified retirement benefits paid by ASSOCIATION a fair deal. Important to achieving this goal, a partnership to its retired nonresident part- the legislation establishes a valuation process ners would not be exempt from nonresident that is transparent for the public to view. state income taxation because there is no HON. STEPHANIE HERSETH OF SOUTH DAKOTA This legislation represents a truly collabo- specific reference to self-employed individuals IN THE HOUSE OF REPRESENTATIVES rative process with all of the stakeholders rep- in the Public Law 104–95, section resented. It is supported by local government, 3121(v)(2)(C) of the Code, or subsequently Friday, October 8, 2004 the State of Utah, the recreation community, issued Treasury Regulations for that section. Mr. HERSETH. Mr. Speaker, I rise today to and the environmental community and has The bill makes it clear that section introduce legislation that would recognize and been worked on closely with the Department 3121(v)(2)(C) was meant to define non- grant a Federal charter for the National Amer- of Interior. The State has been working over qualified deferred compensation income, irre- ican Indian Veterans Association. the past year to address the concerns of all of spective of whether the recipient was subject Native Americans have long answered the the stakeholders and will continue to work until to FICA tax, by specifically including self-em- call to serve in our Nation’s military and to the legislation is perfected. ployed plans or arrangements. The rationale make the sacrifices necessary to protect this The introduction of this legislation marks for applying the statute’s exemption for em- country. In fact, in World War II, more than Congressman CANNON’s and my commitment ployee retirement income applies equally to one-third of all able-bodied Indian men be- to working with the local stakeholders, appro- retirement income of an independent con- tween the ages of 18 and 50 served in our na- priate congressional committees, and the De- tractor or partner. Given the fact that the bill tion’s military. Even today, Native Americans partment of Interior to craft a legislative prod- is intended to clarify what has been the intent have the highest rate of military service of any uct with a broad range of support. I urge the of the bill all along, it applies as of the effec- ethnic group in the country. Native American Secretary of Interior and her staff to dedicate tive date of Public Law 104–95, i.e., to soldiers serve willingly and honorably and they the resources and time necessary to move amounts received after December 31, 1995. should have a veterans’ organization befitting this process forward in the coming months. f that service. f Last week, the National American Indian THE CONGRESSIONAL Veterans Association, held its first annual INTRODUCTION OF LEGISLATION CONFERENCE ON CIVIC EDUCATION meeting in Phoenix, AZ. Native American vet- CLARIFYING THE LAW PROHIB- erans from around the country attended this ITING STATES FROM IMPOSING HON. EDWARD J. MARKEY convention and voted unanimously to approve A TAX ON THE RETIREMENT IN- OF MASSACHUSETTS the charter for this new organization. I believe COME OF NON-RESIDENTS OF IN THE HOUSE OF REPRESENTATIVES this organization is long overdue and I enthu- THAT STATE siastically introduce this legislation today. Friday, October 8, 2004 Over the years, Congress has chartered HON. CHRIS CANNON Mr. MARKEY. Mr. Speaker, the Honorable many veterans’ organizations that represent OF UTAH Judge Learned Hand once said: specific groups: the American War Mothers, IN THE HOUSE OF REPRESENTATIVES . . . Liberty lies in the hearts of men and the Blinded Veterans Association, Catholic women; when it dies there, no constitution, War Veterans, Italian American War Veterans Friday, October 8, 2004 no law, no court can save it; no constitution, of the USA, Jewish War Veterans of the USA, Mr. CANNON. Mr. Speaker, I am today in- no law, no court can even do much to help it. the National Association for Black Veterans, troducing legislation to clarify Public Law 104– While it lies there, it needs no constitution, and the Polish Legion of American Veterans, 95, adopted by the Congress in 1995, prohib- no law, no court to save it. just to name a few. Providing a federal charter iting States from taxing the retirement income These famous words emphasize the fact for the American Indian Veterans Association of nonresidents. That law was enacted in re- that civic participation is vital to the mainte- is the right thing to do and it will provide many sponse to actions of some States which were nance of a healthy democracy. A national ef- advantages for its thousands of potential aggressively seeking to tax nonresidents on fort is currently underway to promote the civic members. retirement income from past employment in engagement of our citizens by focusing on the It will connect its members with a network of that state. The Congress felt that State tax- youth of our nation. By creating effective civic fellow veterans that will enable them to share ation of nonresidents’ retirement income was education programs in our elementary and information as well provide each other with as unfair and imposed an unreasonable burden secondary schools, we can educate kids at an personal and emotional support. This group on nonresident retirees. early age and encourage them to become ac- will serve as a resource and a clearinghouse The law defines ‘‘retirement income’’ as any tive in local politics. for Native American veterans to discover what income from specified types of qualified pen- In September of last year, the First Annual benefits to which they may be entitled, and as- sion plans or from a nonqualified deferred Congressional Conference on Civic Education sist them in taking full advantage of the many compensation plan that meets certain payment was launched to begin a national conversation veterans’ programs that may be geared to requirements. Nonqualified deferred com- about how to encourage civic participation. meet their needs. pensation plans are defined by reference to One of the positive outcomes of the congres- I believe that the National American Indian section 3121(v)(2)(C) of the Internal Revenue sional conference was the establishment of Veterans Association would be an important

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00067 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.355 E11PT1 E1934 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 and positive resource for its members, and I Sgt. Uvanni meant so much to the close-knit countants. He and his wife, Judi, live in Chevy encourage my colleagues to support this ben- community of Rome, NY. He was a fine son Chase, Maryland and have four children and eficial and important organization. and soldier, as well as a standout football eight grandchildren. He plans to remain in the f player at Rome Free Academy. Sgt. Uvanni Washington area and to serve as Chairman of earned special honors in 1995 as a senior, the Libraries Development Advisory Board of CONGRATULATING MACOMB being named as a conference second team Penn State. COMMUNITY COLLEGE all-star defensive end. An outgoing and patriotic young man, Sgt. f HON. CANDICE S. MILLER Uvanni personified the qualities and dedication TRIBUTE TO HAYES WENDELL OF MICHIGAN that make our United States military the great- JONES IN THE HOUSE OF REPRESENTATIVES est armed forces in the world. Sgt. Uvanni Friday, October 8, 2004 completed a tour with the U.S. Marines, and joined the local National Guard earlier this HON. JOE KNOLLENBERG Mrs. MILLER of Michigan. Mr. Speaker, it is OF MICHIGAN my great pleasure to congratulate Macomb year. Army Guard CSM Frank Wicks said, IN THE HOUSE OF REPRESENTATIVES Community College in Macomb County, Michi- ‘‘While I am sure he will always be a Marine gan on 50 years of educating some of Michi- at heart . . . In January he joined the local Friday, October 8, 2004 gan’s finest citizens. As a former student of National Guard and was deployed with the 2nd Battalion 108th Infantry, New York Army Mr. KNOLLENBERG. Mr. Speaker, I would Macomb, I have experienced first hand, the like to congratulate a constituent of mine, caliber of people associated with the college. National Guard. I am sure he was an out- standing Marine, I can attest to the fact that Hayes Wendell Jones. This year marks the It has been wonderful to watch Macomb 40th anniversary of his gold medal victory in Community College expand its programs and he was an outstanding member of the 2–108th and will be missed.’’ As Sgt. Uvanni is laid to the 1964 Summer Olympics. Since then, Mr. campuses over the years. With only 84 stu- Jones has succeeded in business and been a dents enrolled in its first year, Macomb has his final rest, we salute him, and all those killed in the line of duty, for their selfless serv- dedicated servant to our community. grown tremendously since its opening in 1954. Hayes Jones went to Pontiac, MI, schools Not only does the school offer precollege pro- ice and ultimate sacrifice. I ask my colleagues in the House, and all and became a student athlete at Eastern grams for high school students, it also pro- Michigan University. To help pay his way vides more than 40 bachelor’s degree comple- Americans, to extend our prayers and sym- pathy to his parents Kevin and Janet Uvanni, through college, he mopped floors and tion and graduate degree programs. washed dishes. As an athlete, he was consid- Perhaps what is most impressive, however, as well as the rest of his family and friends, and the entire Rome community. ered too short for hurdles, but through hard about Macomb Community College, is its in- work and determination, Hayes became a credible partnership with the community. The Together we honor this fallen American hero. worldclass track sprinter and hurdler. In 1960 Public Service Institute at Macomb strives not at the Rome Summer Olympic Games, he fin- f only to educate its citizens, but to equip them ished third to win the bronze medal. Four to serve the community with their respective RETIREMENT OF ALLEN J. years later, in 1964 at the Tokyo Summer skills. Classes I completed, such as marketing WELTMANN Olympic Games, Hayes won the gold medal in and speech, have certainly aided me during the 110-meter hurdles. my years in public office. There is no question that Hayes Jones is a I have formerly returned to Macomb to take HON. MICHAEL G. OXLEY OF OHIO track and field legend. He is a member of the additional classes, and had the same wonder- Helms Athletic Hall of Fame in Los Angeles; IN THE HOUSE OF REPRESENTATIVES ful experiences. Though the school has grown, the Michigan Hall of Fame; the Eastern Michi- the quality and excellence remain the same. I Friday, October 8, 2004 gan Athletic Hall of Fame; the National Track know that in the coming years, Macomb Com- Mr. OXLEY. Mr. Speaker, we reach the and Field Hall of Fame; and the Pontiac Cen- munity College will continue to enrich the lives close of the 108th Congress, I rise to note the tral High School Hall of Fame. of its students as well as members of the retirement of Allen J. Weltmann after 39 years Hayes has also been successful in busi- community. of service to PricewaterhouseCoopers. Allen is ness, using his athletic experience to learn Congratulations to Macomb Community Col- a Certified Public Accountant and joined the about different cultures and backgrounds. He lege on 50 of years of excellence in education legacy firm of Coopers & Lybrand in 1965 understands that good business is really about and service to Macomb County. May you be after graduating from Penn State. Price building and maintaining good relationships. persistent in your commitment to higher learn- Waterhouse and Coopers & Lybrand merged He is currently a Senior Business Develop- ing and social improvement. in 1998. ment Representative for Oakland County, f Allen began his career as an auditor in Syr- Michigan. As an Oakland County resident, I HONORING A FALLEN HERO acuse before moving on to Philadelphia and can say we are lucky to have him serving the New York. He started the firm’s first govern- county. HON. SHERWOOD BOEHLERT ment affairs unit in 1978 and has been one of Hayes should also be recognized for his the accounting profession’s principal spokes- selfless acts to the community. He has OF NEW YORK persons in the public policy arena for 20 parlayed his athletic and business success IN THE HOUSE OF REPRESENTATIVES years. In that role I have worked with him on into community service. He serves as chair of Friday, October 8, 2004 several landmark pieces of securities legisla- the volunteer committee of the Arts League of Mr. BOEHLERT. Mr. Speaker, colleagues, tion, including the Sarbanes-Oxley Act of Michigan and is on the board of directors for and friends, my congressional district experi- 2002, the Securities Litigation Uniform Stand- Dominican High School and Academy in De- enced a great deal of pain and sadness as the ards Act of 1998 and the Private Securities troit. He is former board chair of the Pontiac City of Rome lost one of its finest residents— Litigation Reform Act of 1995. Allen has al- Chamber of Commerce and former economic a young soldier, Sgt. Michael Uvanni. He paid ways been held in esteem by members of development committee chair for the Oakland the ultimate price to ensure our liberty. He Congress and his colleagues in the private County Business Roundtable and the Pontiac gave his life so that the people of Iraq could sector for his grasp of technical detail and pro- Area Urban League. In addition, he has live without repression and fear—and he gave fessional demeanor. served on the board of trustees for North Oak- his life so that Americans could feel safe to In addition to his work on accounting policy, land Medical Center and the Clinton Valley live their lives under a blanket of freedom. Allen served as the Working Chair of the Boy Scouts. That freedom comes with a high price and we Transatlantic Business Dialogue, a collabora- Hayes has even donated his gold medal to are eternally grateful for his dedication and tion of US and EU businesses working to re- the city of Pontiac, MI, to inspire youngsters to commitment to the ideals that we hold dear. duce trade barriers between countries. He achieve their dreams. He has given them the Sgt. Uvanni died October 1 in Samarra, also advises the Department of Commerce on opportunity by organizing a track and field pro- Iraq, as he was conducting combat operations accounting issues through his seat on the In- gram, ‘‘The Junior Olympics,’’ for students in and was shot by a sniper. Uvanni was as- dustry Services Advisory Council. Pontiac middle schools. Just as importantly, signed to the Army National Guard’s 2nd Bat- Allen belongs to the Pennsylvania Institute he has worked to ensure their education by talion, 108th Infantry Regiment, Morrisonville, of Certified Public Accountants and the Great- serving as a school board member for the NY. er Washington Society of Certified Public Ac- Pontiac School District.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00068 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.358 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1935 Mr. Speaker, on this fortieth anniversary of The Center for Civic Education plans annual consensus solutions. It is clear, however, that Hayes winning an Olympic gold medal, I com- congressional conferences to focus attention introduction of specific legislation focuses and mend and thank him for his service and dedi- on the importance of civic preparation and en- advances the discussion. It is also clear that cation to our community. gagement in the United States. The first con- the problems with the patent system have be- f ference was sponsored by the Alliance for come exacerbated, rather than dissipating. Representative Democracy and hosted by the With or without consensus, Congress must act TRIBUTE TO WEST BRANCH Joint Leadership of the United States Con- soon to address these problems. HOSPITAL gress here in Washington in September 2003. Thus, we introduce this bill at the end of this The 2003 conference led to the formation of Congress with the intent of framing the debate HON. BART STUPAK state delegations that are currently working on going into the 109th Congress, and with every OF MICHIGAN policies that will restore the civic mission of intention of passing legislation in the next two IN THE HOUSE OF REPRESENTATIVES our schools, consistent with each state’s years. Friday, October 8, 2004 unique education structure. I’d like to com- The bill contains a number of initiatives to improve patent quality and ensure patents are Mr. STUPAK. Mr. Speaker, I rise today in mend the California delegation and its positive forces in the marketplace. recognition of a hospital in my district that has facilitator, Roy Erickson, for their leadership in the current efforts to design an action plan for Section 2 creates a post-grant opposition recently passed a remarkable milestone. On procedure. In certain limited circumstances, October 25, the board of trustees and mem- our state. California is creating coalitions of stakeholders in public education who will build opposition allows parties to challenge a grant- bers of the staff at the West Branch Regional ed patent through a expeditious and less cost- Medical Center, formerly known as the Tolfree support for, develop and implement high qual- ity civic education programs. Through these ly alternative to litigation. Memorial Hospital in West Branch, MI, will cel- Sections 3 and 4 permit patent examiners, ebrate their 75th anniversary. For the past 75 programs, we will ensure that our youth have the necessary civic knowledge, skills and atti- within a limited time frame, to consider certain years, the West Branch Regional Medical materials submitted by third parties regarding Center has provided service and care to pa- tudes to be engaged citizens. I want to ex- press my strong support for the Center for a pending patent application. Allowing such tients in West Branch area. third party submissions will increase the likeli- The original Tolfree Memorial Hospital was Civic Education’s efforts to increase demo- hood that examiners are cognizant of the most built in West Branch in 1929, through the gen- cratic participation, and for the work of the up- relevant prior art, and therefore constitute a erosity and vision of local farmer, lumberman coming conference. front-end solution for strengthening patent and banker John Tolfree. Over the years, as f quality. the community grew and the hospital became THE PATENT QUALITY Section 5 addresses the inequitable incen- more regional in scope, several additions were ASSISTANCE ACT OF 2004 tives that exist between patent holders who in- constructed. discriminately issue licensing letters, and the In 1991, it was determined by the Tolfree parties who receive these letters. Patent hold- Memorial Hospital’s Board of Trustees that the HON. HOWARD L. BERMAN ers frequently assert that another party is region had outgrown the facility. After careful OF CALIFORNIA using a patented invention, and for a fee, offer financial planning which included fundraising, IN THE HOUSE OF REPRESENTATIVES to grant a license for such use. Current law ground was broken for what is now known as Friday, October 8, 2004 provides no disincentive to indiscriminate and the West Branch Regional Medical Center in Mr. BERMAN. Mr. Speaker, today I join unfounded issuance of such licensing letters. 1996. The center was dedicated in 1999 and Representative BOUCHER in introducing the Conversely, parties receiving such licensing has been successfully serving Ogemaw Coun- Patent Quality Assistance Act of 2004, PQA letters have a strong incentive to pay up even ty and the surrounding counties ever since. Act. Introduction of this legislation comes al- if they believe they are not engaged in in- Patients no longer have to travel to Saginaw, most exactly one year after release of a Fed- fringement. Once in receipt of such a letter, MI, which is over an hour away. eral Trade Commission report entitled ‘‘To the recipient faces no good options. If he ig- West Branch Regional Medical Center is the Promote Innovation: The Proper Balance of nores the letter, the recipient may be liable for result of many dedicated people who from the Competition and Patent Law and Policy,’’ and treble damages as a willful infringer. The re- beginning had the foresight and the dedication several months after release of ‘‘A Patent Sys- cipient can avoid being found a willful infringer to see this hospital grow with the community tem for the 21st’’ Century’’ by the National Re- if he obtains an opinion from a patent attorney and become a regional medical facility. search Council. These reports both made a that the recipient is not committing infringe- In the tradition of the past administration, number of recommendations for increasing ment, but such letters frequently cost up to the current board of trustees for the West patent quality and ensuring that patent protec- $50,000. A recipient cannot, however, file for Branch Regional Medical Center have also tion promotes, rather than inhibits, economic a declaratory judgement of non-infringement recognized they could offer more services to growth and scientific progress. Consistent with unless the licensing letter creates a ‘‘Case or the community. Along with celebrating their 75 the goals and recommendations of those re- Controversy,’’ and of course these letters are years of service, on October 25, the West ports, the PQA Act contains a number of pro- typically drafted to avoid meeting this thresh- Branch Regional Medical Center will also visions designed to improve patent quality, old. unveil its plan for the next 3 to 5 years which deter abusive practices by unscrupulous pat- Section 5 addresses this inequitable situa- includes the construction of an Ambulatory ent holders, and provide meaningful, low-cost tion. It ensures that recipients of licensing let- Care Center. alternatives to litigation for challenging the pat- ters will not be exposed to liability for willful in- Mr. Speaker, I ask the U.S. House of Rep- ent validity. fringement unless the letter gives rise to a resentatives to join me in congratulating the I am a strong believer that the prospect of ‘‘Case or Controversy’’, and thus, allows the West Branch Regional Medical Center and its patent protection promotes innovation. How- recipient to seek a declaratory judgement. staff on their first 75 years of service and ever, I also believe that the patent system is Section 6 is designed to address the delete- wishing them well in their next 75 years. strongest, and incentives for innovation great- rious effect on innovation created by patent f est, when patents protect only truly deserving ‘‘trolls.’’ We have learned of innumerable situ- RECOGNIZING CENTER FOR CIVIL inventions. When functioning properly, the pat- ations in which patent holders, who made no EDUCATION ent system should encourage and enable in- effort to commercialize their inventions, waited ventors to push the boundaries of knowledge in the shadows until another party had in- HON. HENRY A. WAXMAN and possibility. If the patent system allows vested substantial resources in a business or OF CALIFORNIA questionable patents to issue and does not product that may infringe on the unutilized in- vention. The patent troll then steps out of the IN THE HOUSE OF REPRESENTATIVES provide adequate safeguards against patent abuses, the system may stifle innovation and shadows and demands that the alleged in- Friday, October 8, 2004 interfere with competitive market forces. fringer pay a significant licensing fee to avoid Mr. WAXMAN. Mr. Speaker, today I’d like to This bill represents our latest thoughts in an an infringement suit. The alleged infringer recognize the important work of the Center for ongoing discussion about legislative solutions often feels compelled to pay almost any price Civic Education and the upcoming Second An- to patent quality concerns. We have consid- named by the patent troll because, under cur- nual Congressional Conference on Civic Edu- ered the multitude of comments received on rent law, a permanent injunction issues auto- cation, which will be held this December in patent bills in years past, and acknowledge matically upon a finding of infringement. Washington, DC. the problems to be difficult and, as yet, without Issuance of a permanent injunction would, in

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00069 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.362 E11PT1 E1936 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 turn, force the alleged infringer to lose the act during the 109th Congress to assure the in Iraq as a ‘‘disaster’’ that has deteriorated substantial investment made in the infringing highest level of patent quality. ‘‘into a raging barbaric guerilla war’’ that will haunt the United States for decades. business or product. f While we may question their motives, we do ‘‘Despite President Bush’s rosy assess- ments, Iraq remains a disaster,’’ Wall Street not question the right of a patent troll to sue HONORING DR. GARY LOUIS ROSE M.D. ON THE OCCASION OF HIS Journal reporter Farnaz Fassihi wrote in a for patent infringement, obtain damages, and group e-mail to friends that inadvertently seek a permanent injunction. However, the 15TH YEAR OF PRACTICE IN became widely posted on the Web. issuance of a permanent injunction should not LEWISVILLE, TX Yesterday, the e-mail was mentioned be automatic upon a finding of infringement. prominently on the journalism blog by Jim Rather, when deciding whether to issue a per- HON. MICHAEL C. BURGESS Romenesko on the Poynter.org site. Steiger said Fassihi’s missive included ‘‘a manent injunction, courts should weigh all the OF TEXAS equities, including the ‘‘unclean hands’’ of the few expressions of purely personal opinion IN THE HOUSE OF REPRESENTATIVES about the situation there.’’ patent trolls, the failure to commercialize the Friday, October 8, 2004 But the Wall Street Journal editor said the patented invention, the social utility of the in- musings in no way distorted his reporter’s fringing activity, and the loss of invested re- Mr. BURGESS. Mr. Speaker, I rise today to ability to deliver fair coverage from Bagh- sources by the infringer. After weighing the honor the commitment of a very caring physi- dad. equities, the court may still decide to issue a cian in my community, Dr. Gary L. Rose. In her e-mail, Fassihi laments, ‘‘Being a permanent injunction, but at least the court will Dr. Rose came to our community 15 years foreign correspondent in Baghdad these days have ensured that the injunction serves the ago and quickly established himself as one of is like being under virtual house arrest.’’ Fears of abductions have sharply curtailed public interest. Section 6 accomplishes this the preeminent physicians in the area. Dr. Rose is an obstetrician. He has delivered reporters ability to cover events or move goal. about. Section 7 provides a much needed fix for thousands of babies in our area and provided ‘‘My most pressing concern every day is the inter partes re-examination procedure, consistently excellent professional medical not to write a kick-ass story but to stay which provides third parties a limited oppor- care to his patients. alive and make sure our Iraqi employees tunity to request that the PTO Director re-ex- Mr. Speaker, almost anywhere I go in my stay alive. In Baghdad I am a security per- amine an issued patent. The limitations on the district, I encounter families whose lives have sonnel first, a reporter second.’’ inter partes re-examination process so restrict been touched by Dr. Rose. They speak of him She also said the ‘‘Iraqi government doesn’t control most Iraqi cities.’’ She said its utility that it has been employed only a almost reverently about the high quality of care he has rendered throughout the time that there are car bombs, assassinations, handful of times. Section 7 increases the utility kidnappings and beheadings. ‘‘The situation, of this re-examination process by relaxing its he has practiced in our community. With pa- basically, means a raging barbaric guerilla estoppel provisions. Further, it expands the tience and understanding he solves complex war.’’ scope of the re-examination procedure to in- medical diagnostic dilemmas while serving the Steiger said: ‘‘Ms. Fassihi’s private opin- clude redress for all patent applications re- Lewisville community. He is also a technically ions have in no way distorted her coverage, gardless of when filed. gifted surgeon, and he has brought many a which has been a model of intelligent and Finally, Section 8 is similar to a provision in patient through a serious crisis in the oper- courageous reporting, and scrupulous accu- a bill we introduced during the 106th Con- ating room and back on the road to good racy and fairness.’’ health. gress. Section 8 addresses our concern that FROM BAGHDAD—A WALL STREET JOURNAL Mr. Speaker we are truly fortunate in my patents have been issued for the mere com- REPORTER’S E-MAIL TO FRIENDS community to have the type of dedicated med- puter implementation of previously known in- (By Farnaz Fassihi) ventions. The idea of implementing a method ical professional that Dr. Rose personifies, and I wish him every success during the continu- Being a foreign correspondent in Baghdad for doing business online should not, in and of these days is like being under virtual house itself, be sufficient to secure patent protection ance of his career in medicine. arrest. Forget about the reasons that lured for that method of doing business. Section 8 f me to this job: a chance to see the world, ex- creates a presumption of obviousness if the plore the exotic, meet new people in far away SITUATION IN IRAQ only ‘‘novelty’’ is in the fact that the method lands, discover their ways and tell stories utilizes computer technology. that could make a difference. My colleague from Virginia, Mr. BOUCHER, Little by little, day-by-day, being based in and his staff deserve the greatest measure of HON. ZOE LOFGREN Iraq has defied all those reasons. I am house bound. I leave when I have a very good rea- OF CALIFORNIA recognition for their hard work in developing son to and a scheduled interview. I avoid this legislation. In addition, the chairman of the IN THE HOUSE OF REPRESENTATIVES going to people’s homes and never walk in Subcommittee on Courts, the Internet and In- Friday, October 8, 2004 the streets. I can’t go grocery shopping any tellectual Property, Mr. SMITH, deserves credit more, can’t eat in restaurants, can’t strike a for bringing these issues to the forefront with Ms. LOFGREN. Mr. Speaker, the President conversation with strangers, can’t look for the numerous hearings on patent quality. Also and Vice President insist that things are im- stories, can’t drive in any thing but a full ar- deserving of thanks are the many constitu- proving in Iraq and that all America must do mored car, can’t go to scenes of breaking tional scholars, policy advocates, private par- is ‘‘stay the course.’’ news stories, can’t be stuck in traffic, can’t Their evaluation of our situation in that trou- speak English outside, can’t take a road trip, ties, and government agencies that contrib- can’t say I’m an American, can’t linger at uted their time, thoughts, and drafting talents bled land has been challenged by many. And, of course, we all know that one cannot find a checkpoints, can’t be curious about what to this effort. I am pleased that, finally, a con- people are saying, doing, feeling. And can’t sensus has emerged among the various col- diagnosis until one admits that there is a seri- and can’t. There has been one too many close laborators in support of the basic ‘‘post grant ous problem. calls, including a car bomb so near our house opposition’’ approach embodied in the legisla- One of the most gripping accounts of the that it blew out all the windows. So now my tion. This bill is the latest iteration of a process situation in Iraq I have read recently was pre- most pressing concern every day is not to we started over 3 years ago. pared by Wall Street Journal reporter Farnaz write a kick-ass story but to stay alive and Though we developed this bill in a highly Fassihi. Regrettably, it appears that this re- make sure our Iraqi employees stay alive. In Baghdad I am a security personnel first, a re- collaborative and deliberative manner, I do not porter may be facing ramifications for speak- ing the truth. The New York Post has de- porter second. maintain that it is a ‘‘perfect’’ solution. Thus, I It’s hard to pinpoint when the ‘turning will remain open to suggestions for amending fended her editorially. point’ exactly began. Was it April when the the language to improve its efficacy or rectify It is important for Americans to deal with the Fallujah fell out of the grasp of the Ameri- any unintended consequences. truth. I recommend reading this reporter’s ac- cans? Was it when Moqtada and Jish Mahdi As I have previously said: ‘‘The bottom line count as well as her defense by the New York declared war on the U.S. military? Was it in this: there should be no question that the Post. when Sadr City, home to ten percent of U.S. patent system produces high quality pat- [From the New York Post, Sept. 30, 2004] Iraq’s population, became a nightly battle- field for the Americans? Or was it when the WSJ EDITOR BACKS IRAQ SCREED ents. Since questions have been raised about insurgency began spreading from isolated whether this is the case, the responsibility of (By Keith J. Kelly) pockets in the Sunni triangle to include Congress is to take a close look at the func- Wall Street Journal Editor Paul Steiger most of Iraq? Despite President Bush’s rosy tioning of the patent system.’’ Patent quality is has come to the defense of his beleaguered assessments, Iraq remains a disaster. If key to continued innovation. Thus, we must Baghdad correspondent, who blasted the war under Saddam it was a ‘potential’ threat,

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00070 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.366 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1937 under the Americans it has been transformed infiltrating their ranks. The problem is so are no structures in place to respond to the to ‘imminent and active threat,’ a foreign serious that the U.S. military has allocated needs of the populations, especially in areas policy failure bound to haunt the United $6 million to buy out 30,000 cops they just like Gonaives, St. George and Grand Cayman, States for decades to come. trained to get rid of them quietly. Iraqis like to call this mess ‘‘the situa- As for reconstruction: firstly it’s so unsafe where Jeanne and Ivan hit hardest. tion.’’ When asked ‘‘how are thing?’’ they for foreigners to operate that almost all The unusual and extraordinary hurricane ac- reply: ‘‘the situation is very bad.’’ projects have come to a halt. After two tivity in the Caribbean during the 2004 season What they mean by situation is this: the years, of the $18 billion Congress appro- has prevented many Caribbean nationals in Iraqi government doesn’t control most Iraqi priated for Iraq reconstruction only about $1 the United States from returning to their home cities, there are several car bombs going off billion or so has been spent and a chuck has countries, and for these countries to receive each day around the country killing and in- now been reallocated for improving security, their repatriation. juring scores of innocent people, the coun- a sign of just how bad things are going here. Responding to these dire needs, I have in- try’s roads are becoming impassable and lit- Oil dreams? Insurgents disrupt oil flow troduced the ‘‘Emergency Relief for Caribbean tered by hundreds of landmines and explosive routinely as a result of sabotage and oil devices aimed to kill American soldiers, prices have hit record high of $49 a barrel. Nationals Act,’’ which designates Haiti, Gre- there are assassinations, kidnappings and be- Who did this war exactly benefit? Was it nada and the Cayman Islands under section headings. The situation, basically, means a worth it? Are we safer because Saddam is 24 of the Immigration and Nationality Act in raging barbaric guerilla war. In four days, holed up and Al Qaeda is running around in order to make nationals of those countries eli- 110 people died and over 300 got injured in Iraq? gible for Temporary Protected Status (TPS). Baghdad alone. The numbers are so shocking Iraqis say that thanks to America they got Mr. Speaker, if there was ever a time for the that the ministry of health—which was at- freedom in exchange for insecurity. Guess federal government to grant Temporary Pro- tempting an exercise of public transparency what? They say they’d take security over by releasing the numbers—has now stopped tected Status it is now. freedom any day, even if it means having a TPS has been granted in the past to nation- disclosing them. dictator ruler. Insurgents now attack Americans 87 times I heard an educated Iraqi say today that if als of Sudan, Liberia, Guinea-Bissau, Somalia, a day. Saddam Hussein were allowed to run for Burundi, Bosnia-Herzegovina, El Salvador and A friend drove thru the Shiite slum of Sadr elections he would get the majority of the Guatemala due to political unrest in those City yesterday. He said young men were vote. This is truly sad. countries. openly placing improvised explosive devices Then I went to see an Iraqi scholar this Also, TPS was granted to Hondurans and into the ground. They melt a shallow hole week to talk to him about elections here. He Nicaraguans after Hurricane Mitch in 1998 and into the asphalt, dig the explosive, cover it has been trying to educate the public on the with dirt and put an old tire or plastic can to Salvadorans after an earthquake in 2001, importance of voting. He said, ‘‘President and to Montserratians in 1995 after a volcano over it to signal to the locals this is booby- Bush wanted to turn Iraq into a democracy trapped. He said on the main roads of Sadr that would be an example for the Middle eruption. Sadly, Tropical Storm Jeanne and City, there were a dozen landmines per every East. Forget about democracy, forget about Hurricane Ivan caused similar devastation and ten yards. His car snaked and swirled to being a model for the region, we have to sal- suffering in Haiti, Grenada and the Cayman Is- avoid driving over them. Behind the walls vage Iraq before all is lost.’’ lands, and in the same way merit TPS. sits an angry Iraqi ready to detonate them One could argue that Iraq is already lost The startling facts of the natural disaster in as soon as an American convoy gets near. beyond salvation. For those of us on the the Caribbean are the following: This is in Shiite land, the population that ground it’s hard to imagine what if any thing was supposed to love America for liberating Tropical Storm Jeanne came ashore on the could salvage it from its violent downward Island of Hispaniola, lashing first the Domini- Iraq. spiral. The genie of terrorism, chaos and For journalists the significant turning can Republic and then Haiti on September 16. mayhem has been unleashed onto this coun- point came with the wave of abductions and try as a result of American mistakes and it When Jeanne hit, Haiti was already struggling kidnappings. Only two weeks ago we felt safe can’t be put back into a bottle. to deal with political instability and the after- around Baghdad because foreigners were The Iraqi government is talking about hav- math of serious floods in May. Nevertheless, being abducted on the roads and highways ing elections in three months while half of Tropical Storm Jeanne hit Haiti with dev- between towns. Then came a frantic phone the country remains a ‘no go zone’—out of call from a journalist female friend at 11 astating force. More than 1,500 people are the hands of the government and the Ameri- p.m. telling me two Italian women had been now known to have died and more than 1,000 cans and out of reach of journalists. In the abducted from their homes in broad day- are missing. Also, more than 300,000 people other half, the disenchanted population is light. Then the two Americans, who got be- have been left homeless. too terrified to show up at polling stations. headed this week and the Brit, were ab- The situation is so calamitous that Haiti’s The Sunnis have already said they’d boycott ducted from their homes in a residential elections, leaving the stage open for polar- Prime Minister Grerard Latortue said after vis- neighborhood. They were supplying the en- ized government of Kurds and Shiites that iting the stricken northern city of Gonoies, ‘‘We tire block with round the clock electricity will not be deemed as legitimate and will have a problem with bodies: there is a risk of from their generator to win friends. The ab- most certainly lead to civil war. epidemic. If you can picture this: there is no ductors grabbed one of them at 6 a.m. when I asked a 28-year-old engineer if he and his he came out to switch on the generator; his electricity, the morgues are not working, there family would participate in the Iraqi elec- beheaded body was thrown back near the is water everywhere.’’ tions since it was the first time Iraqis could neighborhoods. Only weeks earlier, Hurricane Ivan, the The insurgency, we are told, is rampant to some degree elect a leadership. His re- strongest storm to hit the Caribbean in a dec- sponse summed it all: ‘‘Go and vote and risk with no signs of calming down. If any thing, ade, pounded Grenada. Hurricane Ivan killed it is growing stronger, organized and more being blown into pieces or followed by the in- surgents and murdered for cooperating with 39 people in Grenada and left 40,000 of its sophisticated every day. The various ele- 90,000 people living in 183 houses, schools ments within it—Baathists, criminals, na- the Americans? For what? To practice de- tionalists and Al Qaeda—are cooperating and mocracy? Are you joking?’’ and churches that have been converted into coordinating. f shelters. Grenada’s capital, St. George, was I went to an emergency meeting for foreign hit by 125 mph winds—flattening homes and correspondents with the military and em- INTRODUCING THE EMERGENCY disrupting power. The storm destroyed the bassy to discuss the kidnappings. We were RELIEF FOR CARIBBEAN NA- city’s emergency operations center, the main somberly told our fate would largely depend TIONALS ACT prison, many schools, and damaged the main on where we were in the kidnapping chain hospital. once it was determined we were missing. Now an environmental health hazard has Here is how it goes: criminal gangs grab you HON. ALCEE L. HASTINGS and sell you up to Baathists in Fallujah, who OF FLORIDA arisen in Grenada. The runoff, which contains will in turn sell you to Al Qaeda. In turn, IN THE HOUSE OF REPRESENTATIVES pathogens from several sources, including human waste, is contaminating rivers where cash and weapons flow the other way from Al Friday, October 8, 2004 Qaeda to the Baathists to the criminals. My people are washing and bathing. friend Georges, the French journalist Mr. HASTINGS of Florida. Mr. Speaker, epic Thereafter, Hurricane Ivan blasted the Cay- snatched on the road to Najaf, has been miss- floods, death, and starvation. Unfortunately for man Islands with 150 mph winds that ripped ing for a month with no word on release or the people of Haiti, Grenada and the Cayman roofs off houses, uprooted trees and caused whether he is still alive. America’s last hope for a quick exit? The Islands these are not Biblical times of which I flooding across the British territory. 15 to 20 Iraqi police and National Guard units we are speak, but the here and now. percent of homes on the eastern part of the spending billions of dollars to train. The cops Mr. Speaker, Tropical Storm Jeanne and Cayman Islands were completely destroyed, are being murdered by the dozens every Hurricane Ivan have particularly devastated and another 50 percent suffered significant day—over 700 to date—and the insurgents are Haiti, Grenada and the Cayman Islands. There damage.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00071 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.371 E11PT1 E1938 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 The extraordinary and temporary conditions TOPICAL AGENDA SSS through the appropriations process. SSS caused by nature, and resulting in floods, DoD Participants: Hon. Charles S. Abell, undergoes structure and program reductions epidemics and other environmental disasters Principal Deputy Undersecretary of Defense to make ends meet. Readiness suffers. for Personnel and Readiness; Mr. William I. 2000 and 2001—DoD and SSS plan and im- in Haiti, Grenada, and Cayman Islands war- plement joint mailing project to increase rant granting their nationals Temporary Pro- Carr, Acting Deputy Undersecretary of De- fense for Military Personnel Policy; Colonel peacetime relevancy of SSS and improve tected Status. Giving TPS to people from David Kopanski, Deputy Director, Accession timeliness and address accuracy of DoD re- Haiti, Grenada and the Cayman Islands is Policy. cruiting direct mail campaigns. consistent with the national interest of the SSS Participants: Mr. Lewis C. Brodsky. J. 2002 and 2003—Administration says use United States, and denotes the values and Acting Director of Selective Service; Mr. of draft not an option for war on terrorism or Richard S. Ftahavan, Director of Public & potential war with Iraq. Rep. Rangel and morals that have made this nation strong. Sen. Hollings introduce bills (H.R. 163 and S. Congressional Affairs. Therefore, I urge you to cosponsor the 69) call for reinstituting a draft for military ‘‘Emergency Relief for Caribbean Nationals 1. Review 30-year time-line—SSS major policy and national service. SECDEF adamant and Act.’’ issues vocal against using the draft for any imme- f A. Draft ends in 1973; Agency placed in diate or likely contingency. Most recently, ‘‘Deep Standby’’ from 1976 to 1980. Ninety- Reps. Paul, DeFazio and Frank introduce TOPICAL AGENDA eight ‘‘record-keepers’’ remain to SSS, part- H.R. 487, calling for repeal of the Military time Reserve Officers kept on board, but no Selective Service Act and an end to the SSS HON. NEIL ABERCROMBIE registration, no Board Members. within six months of the bill becoming law. B. 1980—Cold War continues. President Synopsis: With known shortages of military OF HAWAII Carter decides to revitalize SSS after Sovi- personnel with certain critical skills, and IN THE HOUSE OF REPRESENTATIVES ets invade Afghanistan and MOBEXs indi- with the need for the nation to be capable of Friday, October 8, 2004 cate need. No draft, but resumes registration responding to domestic emergencies as a program for men. Wants to include women Mr. ABERCROMBIE. Mr. Speaker, great in- part of Homeland Security planning, changes but Congress says no. 10,000 Board Members should be made in the Selective Service Sys- terest has been generated by the publication appointed and trained. DoD sets prepared- tem’s registration program and primary mis- of a document from the 11th of February 2003 ness goal for SSS: ‘‘Be ready to provide first sion. entitled ‘‘Topical Agenda’’. It involves the De- draftees to MEPS at M+13 and 100,000 by Situation: Currently, and in accordance partment of Defense Personnel and Readi- M+30.’’ with the Military Selective Service Act ness Undersecretary and the Selective Serv- C. 1988—Congress reacts to military med- (MSSA) [50 U.S.C., App. 451 et seq.), the Se- ice System and its Acting Director. ical shortages (‘‘war stoppers’’). Language lective Service System (SSS) collects and This document appears on the web site of inserted in the Defense Authorization Act maintains personal information from all ‘‘Rock the Vote’’. The interest is intense be- telling SSS to develop a ‘‘structure’’ which U.S. male citizens and resident aliens. Under would allow the registration and induction this process, each man is required to cause of the content of the agenda. It involves of health care personnel in an emergency. ‘‘present himself for and submit to registra- a review of selective service major policy DoD identifies more than 60 health care spe- tion’’ upon reaching age 18. The methods by issues since 1973; a synopsis of Department cialities to include in the SSS Health Care, which a man can register with Selective of Defense Policy regarding the draft and a Personnel Delivery System (HCPDS). Plan- Service include the Internet, mail-back post- detailed proposal for the renewal of the draft ning calls for first HCPDS draftees by M+42. card, checking a box on other government and conditions attendant to it. HCPDS becomes a paper and computer exer- forms, and through the driver’s license appli- The participation of the Department of De- cise lasting many years. cations process in many states. The collected fense in the discussion associated with the D. 1989–1991—End of Cold War, Desert data is retained in an active computer file Storm, no draft, and SSS remains in standby until the man reaches age 26 and is no longer agenda has been confirmed by the Secretary status with flat-lined annual budgets. draft eligible. It consists of the man’s name, of Defense. The DOD contention is that the E. 1893 and 1994—Detractors in the Con- address, Social Security number, and date of meeting on the agenda was for purposes of gress challenge need for continuing to fund birth. Currently, 91 percent of all men, ages discussion only and that it took place off Pen- SSS and peacetime registration. Section 18 through 25, are registered, enabling the tagon premises. Obviously, the location of the 647(b), FY 1993 DOD Authorization Act re- SSS to conduct a timely, fair, and equitable discussion and the origination of the agenda quires SECDEF, in concert with SSS, to re- draft in the event the Congress and the for discussion purposes is immaterial to the port on continuation of peacetime registra- President decide to reinstate conscription tion. This was accomplished, registration is during a crisis. issue at hand. The point is the Department of retained, and an interagency task force re- However, the Secretary of Defense and De- Defense from the Secretary on down has vig- view was formed, led by the NSC. Conclusion partment of Defense manpower officials have orously denied that any such discussions have is announced by President Clinton: preserve stated recently that a draft will not be nec- ever taken place let alone been contemplated. SSS and peacetime registration in current essary for any foreseeable crisis. They as- This document shows that a detailed proposal standby status for three reasons. sume that sufficient fighting capability ex- for a new draft involving men and for the first 1. A hedge against underestimating the ists in today’s ‘‘all-volunteer’’ active and re- time women has been under consideration number of soldiers, needed to fight a future serve Armed Forces for likely contingencies, war; making a conventional draft of untrained and discussion by the Department of Defense. 2. A symbol of national resolve to potential manpower somewhat obsolete. Yet, Defense It also clearly indicates that consideration has adversaries; and, manpower officials concede there are critical been given to drafting not only for military 3. A link between the all-volunteer Armed shortages of military personnel with certain needs but for purposes associated with the Forces and society-at-large. skills, such as medical personnel, linguists, Department of Homeland Security. In addition Clinton also instructs SSS to increase computer network engineers, etc. The costs it proposes that the draft age be extended operational efficiency. Instructs DoD to up- of attracting and retaining such personnel date MOB requirements for SSS, re-examine from 18 to 34. It includes a proposition that a for military service could be prohibitive, timelines, and review arguments for and leading some officials to conclude that while ‘‘self-declaration’’ of skill sets be required of all against continuing to exclude women from a conventional draft may never be needed, a potential draftees to be periodically updated registration. draft of men and women possessing these until the age of 35. F. 1994—Defense issues new ‘‘post-Cold critical skills may be warranted in a future It is not enough for the Department of De- War’’ guidance to SSS: ‘‘provide first un- crisis, if too few volunteer. fense to say it rejects the proposal and its trained draftee to MEPS at M+193; first Proposal: In line with today’s needs, the findings. Saying ‘‘no’’ doesn’t make it so. Deni- Health Care draftee at M+222,’’ DoD reaf- SSS’ structure, programs and activities als that any such consideration has even been firms that it is not necessary to register or should be re-engineered toward maintaining draft women (for a conventional draft of un- a national inventory of American men and given let alone presently extent ring hollow in trained manpower) because they are prohib- (for the first time) women, ages 18 through the wake of the implications of this agenda ited by policy from serving in ground combat 34, with an added focus on identifying indi- and the Department of Defense’s participation assignments. SSS recognizes women may viduals with critical skills. in discussing it. have to be included in a health care draft. An interagency task force should examine Given the broad and deep concern of the G. 1998—DoD Health Affairs says health the feasibility of this proposal which would public about the draft and the possibility of its care personnel would be needed earlier than require amendments to the MSSA, expansion being reinstituted it is imperative that the pub- M+222 in a future conflict. Guidance changed of the current registration program, and in- lic be enabled to see, understand and analyze to M+90. Today, HCPDS can be implemented, clusion of women. In addition to the basic but ability to meet M+90 time frame is identifying information collected in the cur- what the Department of Defense has had doubtful. Program not fully tested and com- rent program, the expanded and revised pro- under consideration. The public, of course, pliance aspects still not complete. gram would require all registrants to indi- can draw its own conclusions. The ‘‘Agenda’’ H. 1995 through 2000—Anti-SSS Members of cate whether they have been trained in, pos- report follows. Congress almost successful in eliminating sess, and professionally practice, one or more

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00072 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.375 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1939 skills critical to national security or com- 1. SSS status quo; however, redefine the Subcommittee on Highways, Transit and Pipe- munity health and safety. This could take DoD mission guidance and time lines to lines. Together, we have had to navigate the form of an initial ‘‘self-declaration’’ as a make the SSS more relevant to DoD’s needs through the often frustrating, confusing and part of the registration process. Men and and the SECDEF’s policy. The current guid- twisting course of the transportation bill reau- women would enter on the SSS registration ance of providing untrained inductees at form a multi-digit number representing their M+193 runs counter to the SECDEF’s views thorization effort this year and last. BILL has specific critical skill (e.g., similar to mili- and is out-of-sync with possible wartime sce- always been a steady partner and a strong tary occupationa1 specialty or Armed Forces narios. defender of the program. He certainly hasn’t Specialty Code with Skill Identifier), taken 2. Return the SSS to ‘‘Deep Standby’’ sta- been reluctant to voice his strong support for from a lengthy list of skills to be compiled tus. If a draft of any kind is highly unlikely increased investment in transportation. He is a and published by the Departments of Defense and undesirable, eliminate peacetime reg- great fighter, and we have been lucky to have and Homeland Security. Individuals pro- istration and dismiss the 10,000 trained vol- him on our side during this particular fight. I ficient in more than one critical skill would unteer Board Members. However, should a have valued his advice and counsel these list the practiced skill in which they have draft be needed, it would take more than a the greatest degree of experience and com- year to get the system capable of conducting past two years as together we have worked to petency. They would also be required to up- a fair and equitable draft from Deep Standby produce a transportation program that moves date reported information as necessary until status. our country forward. they reach age 35. This unique data base 3. Restructure the SSS and shift its peace- Beyond our work together on the Sub- would provide the military (and national, time focus to accommodate DoD’s most like- committee, we have worked together on other state, and municipal government agencies) ly requirements in a crisis. Plan for con- issues, such as the expansion of O’Hare and with immediately available links to vital ducting a more likely draft of individuals many years fighting the whistle ban to protect human resources . . . in effect, a single, most with special and critical skills. our towns that had developed around the rail- a. Minimum requirement: SSS mission accurate and complete, national inventory of road tracks crisscrossing through our districts. young Americans with special skills. guidance and time lines must be redefined While the data base’s ‘‘worst-case’’ use promptly by DoD to allow more relevant pre- Apart from the Committee activities, BILL might be to draft such personnel into mili- mobilization planning and funding for the has been a tireless advocate for his constitu- tary or homeland security assignments dur- possibility of a critical skills draft at M+90 ents. He was born on the southwest side of ing a national mobilization, its very prac- of sooner. Peacetime registration of men 18 Chicago, and he truly knows and understands tical peacetime use could be to support re- through 25 would continue, but consideration his district. Prior to coming to Washington, cruiting and direct marketing campaigns would also be given to identifying men with BILL was a Chicago City alderman and he still aimed at encouraging skilled personnel to certain critical skills among these year-of- is a Ward committeeman—a good education volunteer for community or military service birth groupings. A post-mobilization plan opportunities, and to consider applying for would also be devised and computer pro- for any member of this House! hard-to-fill public sector jobs. Local govern- gramming accomplished for a full-blown So I want to acknowledge BILL’s courage, ment agencies could also tap this data base critical skills draft. The HCPDS program is his strength in standing by his convictions, and to locate nearby specialists for help with do- completed, brought to the forefront of SSS his love for the city of Chicago. He has had a mestic crises and emergency situations. readiness planning, and tested through exer- real impact, and his successes can be seen With the changes described above, SSS cises. Without a reaffirmation of relevance all over the city—whether riding the ‘‘el’’ or programs would be modified to serve the con- and adjustment of mission, the SSS will be landing on a plane at Midway. temporary needs of several customers: De- an easy target for reduction or elimination I wish him and his wife, Rose Marie, all the partment of Defense; Department of Home- by detractors in the Congress and the Ad- land Security (FEMA. U.S. Border Patrol, best on his retirement. He has been a valu- ministration. able member of the House, and we will miss U.S. Customs, INS). Corporation for National b. Expanded pre-mobilization requirement: Service, Public Health Service, and other SSS peacetime registration expanded to in- him. federal and state agencies seeking personnel clude women and men, 18 through 34 years f with critical skills for national security or old, and collects information on critical community service assignments. The SSS skills within these year-of-birth groupings. TRIBUTE TO MR. BILL LIPINSKI would thus play a more vital, relevant, and Requires change of law and additional fund- immediate role in shoring up America’s ing (see Issue Paper dated 11 Feb 2003). HON. PHILIP M. CRANE strength and readiness in peace and war. B. If more examination of the issue and op- OF ILLINOIS II. Are today’s SSS capabilities in sync with tions is needed, consider forming an inter- IN THE HOUSE OF REPRESENTATIVES DoD needs? agency task force to provide the Administra- A. Is there a need to preserve the capa- tion with a policy recommendation. Possible Friday, October 8, 2004 bility of conducting a draft of untrained players: DoD, SSS, DHS, NSC, OMB, Cor- Mr. CRANE. Mr. Speaker, I am pleased to manpower? If so, is the time frame still poration for National Service, PHS, others. join my colleagues in a tribute to my good M+193? C. After suitable analysis, obtain a White friend, BILL LIPINSKI, who has made countless B. How likely is it that DoD will need SSS House Statement of Administration Policy contributions to the State of Illinois and to the to conduct a Health Care draft? (SAP) announcing plans for the future of the C. Now severe are any other critical skills SSS (course of action l, 2, or 3, above). country during his years serving in the House. shortages in the military? D. If the SSS is to expand its pre-mobiliza- George Washington is quoted as saying, D. Are the Clinton-era’s abstract reasons tion activities to include registration of ‘‘How far you go in life depends on your being for preserving the SSS and peacetime reg- women and collection of critical skills iden- tender with the young, compassionate with the istration still valid? tifiers, it will be necessary to market the aged, sympathetic with the striving, and toler- E. Would DoD still fight any and all Con- concept for approval by the Armed Services gressional initiatives to cut or eliminate the ant of the weak and the strong. Because Committees and Appropriations Committee SSS? someday in life you will have been all of draft implementing legislation for congres- these.’’ I believe BILL LIPINSKI modeled his III. Consider restructuring the SSS to address sional consideration. The changes will be im- contemporary national security needs plemented after the amended law is signed Congressional career around this quote. A. Focus might be on relieving critical and funding is identified. BILL’s efforts in transforming our country’s skills shortages transportation infrastructure, especially that in f B. Include potential service to DHS and the State of Illinois, has made every Ameri- other government agencies that must at- TRIBUTE TO MR. LIPINSKI can’s life a little easier by more efficient travel. tract/recruit skilled personnel. Throughout the years, BILL and I have worked C. Explore the feasibility of developing a single-point data base of virtually all young HON. THOMAS E. PETRI together on several transportation projects, Americans, 18 through 34 years old, imme- OF WISCONSIN from Metra expansion to road projects. In diately identifiable by critical skills pos- IN THE HOUSE OF REPRESENTATIVES working with him on each of these projects, he sessed and practiced. Data base could be used showed great leadership, but most of all he for a draft in war and for recruiting in peace- Friday, October 8, 2004 showed great friendship. It is for this that I ad- time. Mr. PETRI. Mr. Speaker, I want to join in mire BILL the most. He could look past the 1. Would require modification of SSS mis- this tribute to the many years of public service sion and changes to authorizing law. harsh realities of partisan politics and work 2. Cost considerations. and the more than 20 years of service here in with me to help residents within my district. I IV. Next steps—Statement of Administration the House of our colleague BILL LIPINSKI. will be eternally grateful not only for BILL’s Policy needed I have had the privilege of serving with BILL support of the projects he and I worked on but A. DoD decides what services it needs and on the Transportation and Infrastructure Com- also for his friendship. wants from SSS: Three options for consider- mittee for many years. During this Congress, Another thing I will always remember BILL ation: he has served as the ranking Democrat on the for is his independence. While BILL is a loyal

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00073 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.380 E11PT1 E1940 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Democrat—one that I haven’t yet been able to pressure to drill for oil in one of the last pris- same thing over and over again until the hos- convert—he was never afraid to break from tine ecosystems remaining in not only America tage-taker comes screaming out of the house the ranks to cast his vote as he saw fit. I will but on the planet. Large SUVs are extremely saying ‘‘Stop It! I Can’t Take It Anymore!’’ So, always miss his camaraderie, and his love for polluting, particularly in regards to greenhouse for the sake of good policy, I am resorting this cathedral of democracy. gases. Due in part to the oil wasted by large once again to the same bad poetry. BILL, in the years to come, I hope I will still SUVs, the Administration would like to open ‘‘A TAXPAYER’S LAMENT,’’ OR ‘‘WHY AM I the ecologically pristine Arctic National Wildlife get to see you on the flights to and from Chi- PAYING FOR OTHER PEOPLE’S HUMVEES?’’ Refuge to drilling in order to extract a total of cago and I wish you all the best in your retire- I don’t mind paying taxes, for energy and ment. 6 months worth of oil—oil that would be such f pumped right into the tanks of Hummers and As long as I don’t have to pay very much, other SUV gas guzzlers. And as long as I don’t end up subsidizing CONFERENCE REPORT ON H.R. 4520, Instead of working to pay down the nation’s trucks AMERICAN JOBS CREATION ACT debt, the Republican Hummer tax loophole is Called ‘‘Humvee Ones’’ and ‘‘Humvee 2s’’ for OF 2004 digging our children’s financial hole even 25,000 bucks! deeper. For every 100,000 taxpayers that They don’t fit in a parking space; they guzzle SPEECH OF drive through the Hummer loophole, the gas like a hog, And they leave our children gasping for air HON. EDWARD J. MARKEY Treasury is denied almost $900 million. turned in to smog. Instead of helping the poor, the tax loophole I’m not for banning Humvees—some people OF MASSACHUSETTS is once again aiding the wealthy. Because think they’re cool. IN THE HOUSE OF REPRESENTATIVES Hummers and other large SUVs use an inordi- But subsidizing this luxury treats taxpayers Thursday, October 7, 2004 nate amount of fuel, they increase the demand like a fool. for gasoline, which in turn causes the price of With our soldiers now in Baghdad fighting Mr. MARKEY. Mr. Speaker, this week the gasoline to rise. The price of gasoline in Mas- for the oil price of oil rose to more than $53 a barrel, a Wasting gasoline this way just makes my sachusetts currently is $1.93 a gallon. The record that will translate into higher home blood boil. price of oil is almost $53 a barrel. These price heating oil prices this winter and higher gaso- Voting for this subsidy is impossible to de- increases make a disproportionately higher im- line prices at the pump. fend. pact on the bank accounts of the nation’s All we want to know out here is when will Last night, the Republican-controlled House poorest households. In addition, because the this end? of Representatives responded to this news by SUV tax poolhole is designed for type-S cor- passing a tax bill that renews an expiring tax porations, the beneficiaries include lawyers, loophole for small businesses to buy huge, f doctors, and real estate agents. gas-guzzling SUVs, like the Hummer. Clearly, something needs to be done to help HONORING GENE HOOPER’S 50 Our tax code should offer incentives for wean the United States off of oil and free our- YEARS IN BANKING people to conserve energy. Unfortunately, the selves from the chains of OPEC. A step in the SUV tax loophole does just the opposite. The right direction would be for the United States Republican Hummer tax loophole entices to promote the use of high fuel economy hy- HON. BART GORDON Americans to buy the biggest, heaviest, and brid vehicles. least fuel efficient vehicles on the market. This problem could be solved easily if we OF TENNESSEE Under this loophole, a small business that pur- only had the willpower to do so. By changing IN THE HOUSE OF REPRESENTATIVES chases a large SUV, such as a Hummer or one sentence in the tax code, we could pre- Cadillac Escalade, can deduct up to $25,000 serve the tax deduction to small businesses Friday, October 8, 2004 of the vehicle’s cost. In contrast, citizens who owners, such as farmers, who were intended Mr. GORDON. Mr. Speaker, I rise today to purchase a fuel efficient hybrid vehicle this to benefit, and eliminate the benefit to those honor my friend Gene Hooper’s service to the year will be entitled to just $2,000; starting in who abuse it. In the current version, some banking community of Middle Tennessee. 2006, the hybrid vehicle tax deduction will long overdue language was added to distin- Gene and his wife, Vera, are residents of shrink even further until it disappears entirely guish between large SUVs and industrial vehi- Cookeville, Tennessee. by 2009. cles. That change somewhat improved the sit- In 2003, nearly 1,000,000 large SUVs were uation, dropping the deductible amount for Fresh out of high school, Gene began work- sold in the US, outnumbering the number of large SUVs from a ridiculous $100,000 to a ing at Third National Bank in 1954. There, he hybrid vehicles sold by a ratio of 23 to 1. sublime $25,000; however, the fact that formed a partnership with Homer Tidwell, and The best-selling hybrid vehicle, the Toyota $25,000 deductions for large SUVs are being the two young men teamed up to win the Prius, achieves an estimated 55 miles per gal- extended until 2008 while the already minus- American Institute of Banking’s National De- lon. In contrast, the Hummer H2, Ford Excur- cule deductions for hybrid vehicles are dis- bate Contest. sion, and Land Rover Range Rover all appearing is ludicrous. Gene continued working for Third National achieve less than 15 miles per gallon. By not extending the SUV tax loophole and Bank for more than 20 years. In 1976, he The Toyota Prius emits 3.5 tons of green- not eliminating the deductions for hybrid vehi- joined the Bank of Putnam County. At the house gas emissions annually; the annual cles, we can help to increase our nation’s se- time, the bank was preparing to open its sec- greenhouse gas emissions for the Hummer curity, protect our environment, reduce the na- ond office in Cookeville. Under Gene’s leader- H2, Ford Excursion, and Land Rover Range tional debt, and ease the financial burdens of ship, the Bank of Putnam County has grown Rover each emit more than 4 times the the poor. It is time for the majority in the Con- into a two-bank holding company with 12 of- amount of greenhouse gases than the Prius. gress to steer our nation in the right direction fices in four counties. Instead of working towards independence by saying no to the special interests who are from Middle East oil, the Republicans have working to keep this loophole open. The Gene has been a leader in banking, as well voted to extend tax loopholes that will only House vote last night to approve the Repub- as a leader in the community. He has served help make us even more dependent. So far, lican tax bill represents a failure of vision. We as an officer in the American Institute of Bank- we have had 1,066 American soldiers die in a can only hope now that the Senate will block ing, and he has served on the government re- misdirected, misguided attempt to stabilize the this legislation to extend the Republican Hum- lations committees for both the Tennessee government holding the world’s second largest mer loophole from 2006 until 2008. Bankers Association and the American Bank- oil supply. The war in Iraq has made our Last year when we tried to get rid of this ers Association. He also is an active member country more vulnerable to the extremists of loophole during the energy conference, I re- of the Cookeville Chamber of Commerce and the Middle East. sorted to bad poetry as a way of prying my Cookeville Noon Rotary. Instead of making our air cleaner and pro- colleagues free of this obscene subsidy. It Gene has accomplished much in his 50 tecting our environment, the Republican Hum- didn’t work. But I am told by people in the years of service. I thank him for his good ad- mer tax loophole is making our air dirtier, mak- business of psychological operations that you vice over the years, and I congratulate him on ing our planet warmer, and contributing to the can sometimes free a hostage by playing the his long and distinguished career.

VerDate Aug 04 2004 03:13 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00074 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.384 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1941 TRIBUTE TO MADGE J. been honored by local police, firefighters and GEAR UP dovetails well with the high stand- OVERHOUSE the AFL–CIO Labor Council. This past Janu- ards set by No Child Left Behind and gives ary 2003, she was presented the California schools the resources needed to meet NCLB HON. MICHAEL M. HONDA Democratic Party’s lifetime achievement standards. This outstanding program helps at- OF CALIFORNIA award. risk students succeed in school and prepares IN THE HOUSE OF REPRESENTATIVES Madge Overhouse, known for years as the them to attend college, an option many of godmother of the Democratic Party in Santa them had previously considered out of reach. Friday, October 8, 2004 Clara County, hobnobbed with top local, state GEAR UP helps students from low-income Mr. HONDA. Mr. Speaker, today I rise in and national Democrats for more than 30 backgrounds realize that they too can succeed memory of Madge Jennings Overhouse to rec- years. She was a Democratic National Com- in college and shows them the path to a better ognize her lifelong achievements and indis- mittee member and attended all but one of the future. putable legacy of selfless volunteerism and party’s conventions, since Jimmy Carter’s As Congress considers reauthorization of dedication to public service. Madge Jennings presidency. the Higher Education Act, I hope my col- Overhouse was born on July 29, 1924 in The Madge began volunteering for political leagues will recognize the value of the GEAR Dalles, Oregon, and soon moved to San Jose. causes when politics was uncharted territory UP program and continue to provide re- She attended San Jose State University, grad- for women. As a result, she helped future gen- sources that will help students like Yuliya uating cum laude in history, where she met erations of women see more possibilities avail- reach their potential. her husband, a member of both the football able to them in politics. Also known as an Or- f and track teams. Madge married Howard acle of the Democratic Party, Madge lent her Overhouse in 1949, and they had one son, expertise to the careers of many public offi- HONORING MIM KELBER Richard, and three lovely grandchildren, Ash- cials both male and female. Speaking from ley Ann, Katie and Will Overhouse. personal experience, Madge’s gentleness in HON. CAROLYN B. MALONEY Madge was a descendant of several gen- behavior, in advice and admonition will be my OF NEW YORK erations of San Jose natives who served their compass. IN THE HOUSE OF REPRESENTATIVES city and passed that community service ethic It was on Wednesday, September 29, 2004 Friday, October 8, 2004 on to her. The city’s first and third fire chiefs, that Madge Overhouse died of apparent heart George and Richard Brown, were ancestors, failure after battling breast cancer for two Mrs. MALONEY. Mr. Speaker, I rise to pay and her father, Ralph James, was a San Jose years. She was 80. The original diagnosis of tribute to Mim Kelber, one of the bright, shin- fire captain. Her late husband, Howard cancer was she had a month to live. ing lights of the women’s movement. Mim Overhouse, also was a city firefighter. Madge Mr. Speaker, I rise today to mourn the loss passed away this summer, leaving a legacy of herself worked for thirty years as a librarian at of a friend, a role model and a constant inspi- extraordinary activism and passion for social San Jose State University and San Jose City ration. Madge Overhouse’s heroic service to justice. Best known as Bella Abzug’s best College. our community and guidance to individuals in- friend, soul mate and speechwriter, Mim was Her career as a librarian spanned almost 40 spired many to go beyond their expectations also a much-admired activist and leader in her years and two institutions, beginning at San and, as a result, contribute to the betterment own right. Jose State, then moved to San Jose Commu- of our beautiful and diverse community in I had the privilege of speaking at her memo- nity College. Typical of Madge, she assumed Santa Clara County. Madge was a true hero, rial service on August 17, 2004 where I said, a leadership role in her profession, serving on in every word and action. ‘‘This weekend the world lost one of the great the Santa Clara County Library Commission f feminists—Mim Kelber. from 1976 to 1982, as well as serving on the A labor journalist, freelance writer and activ- California Library Agency for Systems and HONORING YULIYA KOSTROMITINA ist, Mim devoted her life to improving the Services from 1979 to 1984, representing world she lived in. Together with her great Santa Clara County as an alternate for Super- HON. DARLENE HOOLEY friend, Bella Abzug, Mim encouraged women visor Rod Diridon. Madge also served on the OF OREGON to use their political power to ensure their Steering Committee for the Master Plan of IN THE HOUSE OF REPRESENTATIVES rights. California Libraries. There is not an American woman alive Madge’s multitude of contributions to the Friday, October 8, 2004 today who does not have more rights, com- community throughout her lifetime is legend, Ms. HOOLEY of Oregon. Mr. Speaker, I rise mand more respect or enjoy more opportunity and the list of civic organizations that Madge today to honor Yuliya Kostromitina, a student as a result of their work together. Mim and has helped is extensive. We would like to take from McKay High School in Salem, Oregon. Bella broke through barriers, shattered glass a moment to reflect on a few pivotal moments Yuliya, the daughter of immigrants from Rus- ceilings and woke people up. here. sia, was selected as a delegate to the Na- Mim was a consummate organizer, a terrific Madge was one of the first women to serve tional Council for Community and Education writer and a true idealist. As co-founder of the on the Executive Board of the Santa Clara Partnerships 2004 Youth Leadership Con- National Women’s Political Caucus, the County chapter of the Boy Scouts of America. ference in Washington, DC. As a result of the Women USA Fund, the Women’s Foreign Pol- The Santa Clara County Fair Association ben- leadership demonstrated by Ms. Kostromitina, icy Council and WEDO, Mim worked to bring efited from Madge’s input as a Board member she was chosen as one of just four students other women together to work to achieve com- from 1987 to 1995. Madge also served on the nationwide, and one of forty internationally, to mon goals. boards of the Iota Delta Chapter of the Chi attend the 7th International Partnership Net- As an author, Mim helped draft a roadmap Omega sorority and the Campbell Historical work Conference in London, England. for women to follow in fighting for our rights. Preservation Board. Madge was a long-time Yuliya’s achievement is proof that the GEAR She wrote part of Bella’s unyielding call to member of the San Jose Metropolitan Cham- UP program, or Gaining Early Awareness and arms, including the Contract with the Women ber of Commerce. In addition, Madge lent her Preparedness for Undergraduate Programs, in of the USA. Mim used her pen to help people talents to the Multi-Modal Transportation Task which she participates at McKay High, can change the way they looked at the world and Force, which led to the completion of Highway help build great students. GEAR UP provides how they lived their lives. 85, which is now a major transportation artery five-year grants to states and partnerships to Whenever I wanted to organize women to in the Bay Area. She was honored in 1994 as provide services at high-poverty middle and pass the ERA, to fund UNFPA or to bring a County Woman of Achievement for her vol- high schools. GEAR UP programs serve an women together for any cause, I would call unteerism. At the time, she was the political entire group of students beginning in middle Mim. She was a source of inspiration for me. director for the county Democratic Information school and continuing through high school. A veteran of many of the old battles, she al- Center, which she co-founded in 1969. In Within each school GEAR UP funds are used ways had good advice about how to fight new 1986, she was named County Democrat of the to provide meaningful academic enrichment struggles. Year. She was a Democratic nominee for the activities that result in systemic school im- It is incumbent upon all women to keep her 22nd Assembly District in 1974, served as provement and increased student achievement spirit alive and to further the irresistible mo- chairwoman of the Northern California wom- that will prepare students to go to college. mentum that Mim helped foster. May we long en’s division of the Democratic Party and was GEAR UP funds are also used to provide col- remember her contributions. selected to vote as an elector in the 1992 lege scholarships to low-income students. To honor her memory, I want to insert into Electoral College. Over the years, she has With its emphasis on school improvement, the RECORD some of the other loving tributes

VerDate Aug 04 2004 03:13 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00075 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.389 E11PT1 E1942 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 made by family, friends and colleagues that Bella Abzug’s daughter, Liz Abzug: ‘‘First, I days before we could move paragraphs, re-ar- day: want to send my deepest condolences to range words, and correct errors with the mere Her daughter, Karli Kelber: ‘‘I am so proud Mim’s family and her friends. press of a button. But Mim had a computer to be Mim Kelber’s daughter. She was a great Mim knew my mother, Bella Abzug, for 60 operating in her head when Bill Gates was still speech writer and she also gave many years. They were classmates at Walton High a baby. She would pause from time to time, speeches—some in this very room. She was School in the Bronx. They worked together at but for what only seemed like a second—then very modest. She would have been amazed Women’s Strike for Peace in the sixties—pro would come another clatter of the keys and by the number of people here today. She bono, of course—and when my mother ran for another flood of words. could have written for Presidents though un- Congress, Mim was tirelessly there for her, The office had its own particular assembly fortunately none of the presidents in recent from the first campaign to the last. line. Speeches and statements flowed from history would have been worthy enough to In 1971, when my mother was elected to Mim’s electric typewriter to my desk for adap- read her words. her first term in Congress, she named Mim as tation into press releases—while an office My mother spent her life working to make her executive policy assistant and speech writ- worker faxed a copy on to Bella in Wash- the world a better place. She had so many er. Mim chose to work out of New York in- ington—page by laborious page. Yes, those great ideas, especially for organizing women. stead of Washington because she didn’t want were also the days of the dinosaur fax—com- She would often lament, ‘‘If only the men to be separated from Harry and her children. plete with chemical smells. could stay home and the women could run In 1980, Mim and my mother co-founded Somehow we got it done. And inevitably, al- things.’’ the Women USA Fund and in 1990, they co- most routinely, by the time Bella rose to She hated religion, blaming it for so many founded Women’s Environment and Develop- speak-on the floor of the House, on the cam- wars. She often told me to remember that ment Organization, WEDO. Along the way, paign trail around the state, and later around there were more good people than bad people they co-authored many, many publications. the world—the magic of the words were fil- in this world. She believed in the golden rule. Just to name a few—Bella Abzug’s Guide to tered through the singular personality and pas- She also warned us that happiness was not a Political Power for American Women; Women sion of her lifelong soul-mate. And the result constant state of mind—although she wanted and Government, New Ways to Political made history. her daughters to be happy all the time. Power and Gender Gap which they dedicated I wasn’t there to observe the development The consummate reporter, she was always ‘‘To our daughters and to young women ev- of the dynamic synergy that bound these two asking questions. She taught me the five ‘‘w’’ erywhere, the future leaders of our Nation.’’ great women together. By the time I joined the questions at an early age and her sharp edit- In other words, Bella Abzug couldn’t have assembly line, it was well-oiled, honed by ing skills helped me through high school and gotten along without Mim Kelber. I remember years of practice, give and take, debate, a lit- college—if only she could have edited this these lively discussions they had together, tle fighting, and lots of passion—the fire and speech! these great debates that were often loud—at ice, yin and yang, of a partnership that in- She educated me to care about others. To least on my mother’s part—and I think each spired, challenged, and ultimately changed the help make a difference. The lessons started inspired the other. nation. I simply had the privilege, for a few quite early. She was pregnant with me when My mother often told me that she thought precious years, to observe it, promote it, mar- she was called to the House Un-American Ac- Mim was brilliant. From everything we’ve vel at it, celebrate it. And see some of its tivities hearings in Washington where she took heard here today, I think it’s obvious why.’’ more hilarious manifestations, too. Once, during the Senate campaign, Mim the 5th Amendment. She then named me after Harold Holzer: ‘‘I first met Mim Kelber on a had prepared a 20-page speech for Bella to a very famous Karl. Monday morning in March of 1975—at Bella deliver in Buffalo. But Mim had also written a Women’s Strike for Peace and PTA politics Abzug’s Congressional offices at 252 Seventh 20-page speech to deliver a few nights later in were a constant in my childhood. She took my Avenue. It was more than 29 years ago . . . New York. Bella liked both of them—she didn’t sister and me to countless peace demonstra- a lifetime, really. But it seems to me, and know which to use—and then hours before we tions. And then there was Bella Abzug’s probably to many of you, like yesterday. A were ready to leave, she demanded that Mim yesterday when, unlike today, hope really did strong influence on our lives. I was incredibly write an entirely new speech, based on the seem to be on the way. proud of the powerful speeches my mother best of both. Mim’s reply was simple: ‘‘Forget I can still see the configuration of our office wrote for her and mesmerized by the way it Bella.’’ They exchanged words. Bella with vivid clarity: Bella and Dora Friedman in Bella spoke. There was always hope in the air screamed. Mim shouted back—in her own side-by-side offices, usually arguing. Sylvia despite so many setbacks—and the victories way. Then she simply turned and left. Bella’s Epstein and her constituent services operation were exhilarating. response: ‘‘I’ll do it myself.’’ Then she added: to the south, although she was always avail- Those were exciting times for my mother yet ‘‘The quiet ones always get you in the end!’’ she told me that her happiest days were rais- able to come around the corner, for arguing. We were late: she grabbed up the two ing my sister and me in our Clark Street apart- And to Bella’s North—in a bullpen setting with speeches and took them with her. We flew to ment across from the Brooklyn Heights prome- steel and frosted glass walls that only rose western New York—Bella, Maggi Peyton, and nade. She had a deep love and admiration for five feet off the floor, sat Mim. An island of me—she was holding the two speeches, still my father. She was in awe of his constant en- isolation and serenity. Tranquility and con- trying to figure out what to include and what ergy and determination and would often ex- centration in the eye of a hurricane. And right to cut when we took an elevator up to the top claim, ‘‘Your father is really a remarkable outside Mim’s enclave was what passed for floor of a Buffalo hotel. But when the doors man!’’ That he is. And she adored her five the press office . . . namely, me. Arguing. opened, a huge gust of wind blew into the cab grandchildren. But not with Mim. In fact, for 2 years I don’t and all the papers went flying into the air and The peaceful world she envisioned has not think I ever saw Mim’s face for more than a settled slowly to the floor. Bella said to us: yet come to pass. After witnessing terrorism few minutes every day. That’s because her ‘‘Pick those papers up and give them to me.’’ from her living room window, in despair she back was always to me. What I saw was her We handed her 40 pages, which she simply told me, ‘‘We worked so hard—we always blonde hair, her head rigidly facing her desk shuffled together in no particular order. That thought that things would get better.’’ She la- against the wall, as if her gaze could not be night Bella Abzug gave two Mim Kelber beled herself ‘‘a realist’’ yet her whole life was torn away from the paper before her, no mat- speeches in one—and you know what? It guided by an optimistic activism. Although her ter how loud the distraction. Her concentration sounded fine. Happily, Bella ran out of gas last days were a painful struggle for her, her was awesome. I’ve never seen anything like it about two-thirds of the way through, or she intellect and political astuteness would often before or since. What I heard from her direc- might have spent the entire campaign there. shine through. She was constantly composing tion was the constant clatter of her electric Bella is gone now. 252 Seventh Avenue is letters to the editors in her head. typewriter—remember that familiar sound in a luxury co-op—a far cry from the place where Katherine Hepburn, my mother’s favorite ac- the days before computers? Rhythmically, rap- Dora couldn’t leave animal crackers in her tress, who was a true feminist, said, ‘‘I have idly, relentlessly, from 9 in the morning until 6 desk overnight without the mice eating them. no fear of death. Must be wonderful, like a big at night, when she would calmly board the But Bella’s memory burns bright. And Mim’s sleep. But let’s face it: it’s how you live that Lexington Avenue subway for Brooklyn words live on-in every thought inspiring the really counts.’’ Heights to claim a bit of peace until the next hope for a saner world—the world of peace My mother leaves behind a legacy of social morning. and equality to which she gave such articulate activism and love. She had a real vision of the Even more remarkably, not only did those vision. way things could be and she taught us never words flow quickly—but also flawlessly. It’s The quiet ones will get you in the end. And to give up—and mom, we never will.’’ hard to imagine—these, after all, were the Mim’s quiet—her quiet dignity, tirelessness,

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00076 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.392 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1943 eloquence—got us right in the heart—in the RECOGNIZING THE YOUNG MEN’S enced the atrocities of the Japanese occupa- beginning, for the duration, in the end, and al- LEAGUE OF GUAM FOR THEIR tion of Guam during World War II; and ways. EFFORTS TO BRING RESOLUTION Whereas, the majority of the members of TO GUAM WAR CLAIMS the League have testified before the Guam One day, Mim walked out of the office-after War Claims Review Commission during their an upheaval of a fight with Bella, accompanied visit to Guam to secure testimonies from the by slamming doors and angry words—the full HON. MADELEINE Z. BORDALLO Cbamorro people who experienced the atroc- deal—about something quickly forgotten. But OF GUAM ities of the Japanese occupation; and ever the professional, before she left Mim took IN THE HOUSE OF REPRESENTATIVES Whereas, the Board of Directors and the Council of Elders of the League were elected her latest speech and practically threw it on Friday, October 8, 2004 Bella’s desk. at large by the general membership; and Bella erupted. She pounded her fist on the Ms. BORDALLO. Mr. Speaker, I rise today Whereas, the Board of Directors and the Council of Elders are representatives of the table, took off her hat and slammed it down, to commend the efforts of the Young Men’s League of Guam (YMLG) in building commu- General membership with the fiduciary re- and only then picked up the pages and started sponsibility of overseeing the general wel- reading. She turned one page, then the other, nity support for the recommendations of the fare and well being of the members: Now, grew silent, then looked up and smiled and Guam War Claims Review Commission and therefore be it said: ‘‘There’s no one like Mimi.’’ As usual, working to bring resolution to a painful era in Resolved, That the Young Men’s League of Bella was right.’’ Guam’s history. Guam totally supports the recommendations Mim was a source of strength and inspira- As Guam’s oldest fraternal organization, the of the Guam War Claims Review Commission Young Men’s League of Guam, in conjunction that would bring closure to the long awaited tion to thousands of women who heard her recognition for the undue suffering of the words or followed her career. Mr. Speaker, I with the Mayor’s Council of Guam, has taken a lead role in building community consensus Chamorro people through Japanese atroc- ask my colleagues to join me in celebrating ities during World War II because of their the life of Mim Kelber, a brilliant strategist, elo- on the issue of Guam War Claims following dedication and loyalty to America; and be it quent writer, and faithful friend. the presentation of the Guam War Claims Re- further view Commission report to Congress on June Resolved, That the Young Men’s League of f 9, 2004. YMLG and the Mayor’s Council col- Guam requests the Guam Legislature and lected 1,800 signatures in a petition to the the Governor of Guam to jointly support the TRIBUTE TO ART GINSBURG President, Congress, and local leaders re- recommendations of the Guam War Claims questing Congressional action to bring closure Review Commission. HON. HOWARD L. BERMAN to the horrific experiences endured by the f OF CALIFORNIA people of Guam, demonstrating broad support NATIONAL WILDERNESS IN THE HOUSE OF REPRESENTATIVES within our community for resolving the issue of PROCLAMATION MONTH Guam War Claims. YMLG advocates quick ac- Friday, October 8, 2004 tion on the recommendations of the Review Mr. BERMAN. Mr. Speaker, I rise today to Commission’s report to bring closure for the HON. ANTHONY D. WEINER ask my colleagues to join me in saluting my remaining survivors of the occupation. OF NEW YORK good friend, Mr. Art Ginsburg. On November YMLG President and Chairman Dr. Jose T. IN THE HOUSE OF REPRESENTATIVES 6, 2004, the Los Angeles Valley College will Nededog and other YMLG leaders have Friday, October 8, 2004 honor him at its annual President’s Gala. Art championed the cause of bringing recognition Mr. WEINER. Mr. Speaker, it has been 40 is a successful businessman and respected and justice to those who experienced the oc- years since Congress passed the 1964 Na- community leader who selflessly devotes cupation. Dr. Nededog, who lost his older tional Wilderness Act, which has allowed parts much of his time and resources to community, brother in the Fena cave massacre during the of public land to be protected by law for future governmental, civic and charitable organiza- occupation, is like many Chamorros, who after generations. tions. enduring enemy occupation went on to proud It might surprise some to know that this As the Vice President of the Los Angeles careers of service in the U.S. military. groundbreaking act of legislation was derived City Planning Review Board, he works hard to Guam is the only United States jurisdiction in part from the work of a New York City resi- enhance the commercial areas of Studio City. invaded and occupied by enemy forces since dent, David McClure, who chaired the Com- He is a founding member of the Studio City the war of 1812. Over 8,000 Chamorros suf- mittee on Forest Preservation at the state con- Improvement Association and helped create fered personal injury, including rape, beatings, stitutional convention in Albany in 1894. its ‘‘Sidewalk Walk of Fame.’’ Also, Art has forced labor, forced march and internment, McClure helped draft an article, which en- been an active member of the Studio City and approximately 1,000 were killed at the sured that certain state land would remain Chamber of Commerce for 47 years and he hands of the Japanese Imperial Army. YMLG ‘‘forever wild.’’ Those words, adopted by the serves as a member of the Studio City Resi- is concerned that many of those who survived convention and later approved by the voters, dents Association. the brutal 32 month occupation are passing have never been altered and remain in effect A wonderful place to eat and one of the San away before the issue of War Claims is fully for the 3-million acre New York State forest Fernando Valley’s famous landmarks is ‘‘Art’s resolved. preserve in the Adirondack and Catskill parks. I commend Dr. Nededog, the Young Men’s Delicatessen and Restaurant’’ in Studio City. It This visionary accomplishment was the inspi- League of Guam, and the Mayor’s Council of is a family run business that has been a favor- ration for those who drafted the 1964 Wilder- Guam for being a voice for the survivors of the ite of many of my constituents since its open- ness Act. occupation of Guam and for actively engaging ing in 1957. I know first-hand that, ‘‘every Mr. Speaker, I would like to insert into the sandwich is a work of Art.’’ in the effort to bring closure to the issue of RECORD a New York City Proclamation hon- Guam war claims. I welcome their support and In addition to his business accomplish- oring the 40th Anniversary of the Wilderness encouragement and look forward to moving ments, Art is a strong supporter of Los Ange- Act and designating September 2004, in New this issue through the U.S. Congress. les Valley College which he attended in 1956 York City, as National Wilderness Act Month. and 1957. He is a member of the Board of Di- Mr. Speaker, I would also like to submit for PROCLAMATION rectors college foundation, the Patrons Asso- the RECORD a copy of the Young Men’s ciation, and serves on the business liaison, League of Guam Resolution No. 01–04 ‘‘Rel- Whereas: While we thrive in a concrete ative to Expressing Strong Support to the Rec- jungle, New Yorkers are not blind to the ne- executive council and scholarship committees. cessity of forest preservation. In fact, our He has established a number of scholarships ommendations of the Guam War Claims Re- urban sensibility allows us a special appre- that have greatly benefitted many students. Art view Commission for the Chamorro People.’’ ciation for green spaces and wilderness. frequently sponsors campus activities by pro- RESOLUTION NO. 01–04 Whereas: It has been forty years since Con- viding food from his Deli. Whereas, the Young Men’s League of Guam gress passed the 1964 National Wilderness Art and his lovely wife, Sandy, have three is the oldest Chamorro fraternal organiza- Act, which has allowed a small percentage of children and three grandchildren. Two more tion on Guam, established in 1917; and the nation’s public lands to be protected by law for future generations. It might surprise grandchildren are expected soon. Whereas, members of the League are re- plete with great leaders of Guam who deter- some to know that this groundbreaking act Mr. Speaker, I ask you to join me in saluting mined the destiny of Guam and its people; of legislation was derived in part from the my good friend Art Ginsburg and congratu- and work of a New York City resident, David lating him on the honor being bestowed on Whereas, the majority of the members of McClure, who chaired the Committee on For- him by Los Angeles Valley College. the League and their families have experi- est Preservation at the State Constitutional

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00077 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.394 E11PT1 E1944 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Convention in Albany in 1894. He helped Christians and Jews, Egyptians, Russians, and hepatitis test results to hundreds of pa- draft an article that ensured that State land Britons and Israelis alike. Second, photos and tients from June 2002 to August 2003 when known as the Forest Preserve in the Adiron- accounts of Israelis rushing the border to get an Adaltis Labotech Immunoassay Analyzer dacks and Catskills would remain ‘‘forever wild.’’ Adopted by the convention and later back into Israel are a jarring reminder of why (‘‘Labotech’’) was used to conduct HIV, hepa- approved by the voters, the words of Article the State of Israel was created—to provide a titis and other tests at the MGH lab. The tests 14, Section 1 of the State Constitution have safe haven for Jews the world over who all too results were issued despite instrument read- never been altered, and remain in effect for often cannot find peace elsewhere. ings indicating that the results might be erro- the three million-acre New York State For- Mr. Speaker, the bombings in Egypt also il- neous. It was also disclosed that the testing est Preserve in the Adirondack and Catskill lustrate another important point—that the se- equipment itself might be at issue. Parks. This visionary accomplishment was curity fence being built around Israel works. In May and July of this year, the House the inspiration for those who drafted the 1964 Although no group has yet been definitively Government Reform Subcommittee on Crimi- Wilderness Act. tied to this attack, it is clear the attack in Whereas: Eleanor Roosevelt said, ‘‘perhaps nal Justice, Drug Policy, and Human Re- nature is our best assurance of immor- Egypt was chosen because it would be too dif- sources held hearings to investigate the lab tality.’’ As we celebrate the fortieth anniver- ficult to perpetrate inside of Israel. The secu- deficiencies that led to the release of hun- sary of this important act, New Yorkers are rity fence is a sad reality for those living on ei- dreds of invalid HIV/AIDS and Hepatitis C test called upon to follow in the footsteps of Mr. ther side, but a necessary reality in order to results by MGH. I requested the hearings as McClure and become environmental stew- save lives. As our strategic military partner, the Subcommittee’s Ranking Minority Member, ards. ally, trusted friend of 56 years, and only de- and, with the cooperation and support of the f mocracy in the Middle East, Israel needs the distinguished chairman—the gentleman from continued support of the United States as it PERSONAL EXPLANATION Indiana, Representative Mark Souder—the works to secure her people from Palestinian Subcommittee conducted the hearings on a and other terrorists who seek Israel’s destruc- strictly bipartisan basis. HON. DENISE L. MAJETTE tion. During the hearings, the Subcommittee re- OF GEORGIA Mr. Speaker, it has been said that the ceived testimony from: Teresa Williams and IN THE HOUSE OF REPRESENTATIVES bombers may have hoped to bring an end to Kristin Turner, two former laboratory employ- Friday, October 8, 2004 talks between Egypt and Israel that focused ees who complained to superiors and state on halting arms smuggling from Egypt to Pal- health officials about serious, longstanding de- Ms. MAJETTE. Mr. Speaker, I was unable estinian terrorists in Gaza, and addressing to be in attendance for a number of rollcall ficiencies in the lab, including failure to imple- other issues of shared concern to both na- ment quality controls on a diagnostic device votes. Had I been present I would have cast tions. We must not let that happen. Egyptians my votes as follows: ‘‘Yes’’ on rollcall 487, used to read tests for HIV and hepatitis; offi- died in Taba just as Israelis did, Egyptians cials from the Food and Drug Administration ‘‘yes’’ on rollcall 488, ‘‘yes’’ on rollcall 489, that lived and worked in peace with Israelis ‘‘no’’ on rollcall 490, ‘‘no’’ on rollcall 491, ‘‘no’’ and the Centers for Medicare and Medicaid each and every day. I encourage Egypt and Services (CMS) responsible for implementing on rollcall 492, ‘‘yes’’ on rollcall 493, ‘‘no’’ on Israel to continue to work together and I ap- rollcall 494, ‘‘yes’’ on rollcall 495, ‘‘yes’’ on roll- federal regulations governing medical diag- plaud President Mubarak and his government nostic devices and for regulating laboratory call 496, ‘‘yes’’ on rollcall 497, ‘‘no’’ on rollcall for coordinating with Israeli rescue workers 498, ‘‘no’’ on rollcall 499, ‘‘yes’’ on rollcall 502, operations, respectively; the former chief exec- and response teams to allow them access to utive of Adaltis US, Inc., manufacturer of the ‘‘yes’’ on rollcall 503, ‘‘yes’’ on rollcall 504, the site of the attack in Egypt. ‘‘yes’’ on rollcall 505, ‘‘no’’ on rollcall 506, device used to run the invalid tests; the Col- Mr. Speaker, my heart goes out to all those lege of American Pathologists, the private ac- ‘‘yes’’ on rollcall 507, ‘‘yes’’ on rollcall 508, whose loved ones were killed or wounded in ‘‘yes’’ on rollcall 509, ‘‘yes’’ on rollcall 510, crediting organization responsible for certifying these vicious attacks and I vow to continue my the laboratory’s compliance with federal and ‘‘yes’’ on rollcall 511, ‘‘yes’’ on rollcall 512, work to fight terror to prevent such horrifying ‘‘no’’ on rollcall 513, ‘‘no’’ on rollcall 514, ‘‘no’’ state regulations on behalf of CMS and the attacks in the future. state; and the Maryland Department of Health on rollcall 515, ‘‘no’’ on rollcall 516, ‘‘yes’’ on f rollcall 517, ‘‘yes’’ on rollcall 518, ‘‘no’’ on roll- and Mental Hygiene. call 519, ‘‘yes’’ on rollcall 520, ‘‘yes’’ on rollcall INTRODUCTION OF THE CLINICAL In fact, it was Ms. Turner’s complaint in De- 521, ‘‘yes’’ on rollcall 522, and ‘‘yes’’ on rollcall LABORATORY COMPLIANCE IM- cember 2003 that triggered investigations by 523. PROVEMENT ACT OF 2004 the state, CMS, the Joint Commission for Ac- creditation of Healthcare Organizations f (JCAHO), and CAP, between January and THE TERROR ATTACKS IN EGYPT HON. ELIJAH E. CUMMINGS March. The investigations confirmed Ms. Turn- OF MARYLAND er’s allegations that, during a 14–month period HON. STEVEN R. ROTHMAN IN THE HOUSE OF REPRESENTATIVES between June 2002 and August 2003, Mary- Friday, October 8, 2004 land General Hospital issued more than 450 OF NEW JERSEY questionable HIV and hepatitis test results to IN THE HOUSE OF REPRESENTATIVES Mr. CUMMINGS. Mr. Speaker, today I rise to introduce the Clinical Laboratory Compli- hospital patients. During this time period, the Friday, October 8, 2004 ance Improvement Act of 2004, legislation to hospital laboratory was inspected and accred- Mr. ROTHMAN. Mr. Speaker, I rise today to improve the accuracy and reliability in medical ited for two years by CAP, receiving CAP’s express my profound shock and sorrow con- testing and to provide protections for employ- Accredited with Distinction certificate (standard cerning the bombings that occurred yesterday, ees who report laboratory problems to their for CAP-accredited labs). Despite an earlier October 7, 2004, in Taba, Egypt, where at superiors or regulatory entities. anonymous complaint by Ms. Williams and least 29 people died and 160 were injured. Medical laboratory testing is a fundamental several colleagues, the state also was unable The fact that the attacks coincided with the pillar of our nation’s health care system. Vir- to identify the problems, and serious defi- joyous Jewish festival of Sukkot is particularly tually every American undergoes testing in the ciencies in two key departments of the lab horrifying. Two years ago we witnessed similar course of receiving medical care and relies on went undetected by CAP and the state until acts of violence when terrorists struck the the accuracy of laboratory tests to receive ap- January. Park Hotel in Netanya, killing dozens of propriate medical care and treatment. I should also point out that the ongoing Israelis celebrating the traditional Passover Incorrect test results, in the worst case, can faulty testing and related problems at the meal and again in Mombasa, Kenya where contribute to misdiagnosis that leads to inap- MGH lab were brought to the attention of the terrorists unsuccessfully attempted to take propriate care and possible adverse health public only after former lab technician Kristin down an Israeli passenger jet but were suc- consequences for the patient. In the best Turner filed a lawsuit. cessful in killing twelve people at an Israeli- case, incorrect or invalid results can lead to This spring, inspectors from the state, CMS, owned hotel. undue stress and inconvenience. Inaccurate and JCAHO concluded that laboratory staff Yesterday’s bombings, which occurred at a testing for communicable diseases poses an had falsified federally instrument quality con- popular hotel and camping ground in Egypt, especially serious threat to the public health. trol results and reported patient results even are especially jarring for two reasons. First, On March 11, 2004, the Baltimore Sun re- though quality control checks failed. Learning the attacks show the indiscriminate nature of ported that Maryland General Hospital (MGH), of the problems by way of news reports, CAP these terrorists who killed innocent Muslims, located in my district had issued invalid HIV conducted a complaint inspection in April,

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found similar deficiencies, and suspended ac- Chairman SOUDER and I have asked the I invite my colleagues to cosponsor this im- creditation of the lab’s chemistry and point-of- Government Accountability Office (GAO) to portant legislation. care departments for 30 days. examine a number of issues related to the en- Finally, I want to thank my Subcommittee To its credit, Maryland General Hospital forcement of federal standards for labs and I counsel, Tony Haywood, as well as Jolanda conducted its own internal review and vigor- expect that investigation to tell us more about Williams, Trudy Perkins and Kimberly Ross of ously undertook efforts both to retest the af- the prevalence of such problems. my staff for their tireless work on this issue. fected patients and to revamp the lab’s leader- For now, it is unclear how many other lab- f ship and operations. oratories may be experiencing such problems Fortunately, retesting verified the accuracy and, certainly, one would hope the number is PERSONAL EXPLANATION of the overwhelming majority of the HIV and few. But the record gives us little assurance Hepatitis C tests. In addition, Maryland Gen- that what happened at Maryland General HON. ROBERT T. MATSUI eral has made enormous strides in improving could not occur elsewhere and I believe the OF CALIFORNIA its lab operations so that patients receive test Maryland General case reveals weaknesses in IN THE HOUSE OF REPRESENTATIVES results that are accurate and reliable. the current system for ensuring compliance Friday, October 8, 2004 Nevertheless, Mr. Speaker, this is a situa- with federal clinical laboratory standards. tion that caused great distress to the commu- The bill I am introducing today aims to cor- Mr. MATSUI. Mr. Speaker, I was absent on nity that Maryland General serves, and I rect the weaknesses that are apparent. Friday, October 8, 2004, and missed the roll- should note that I live in that community and The Clinical Laboratory Compliance Im- call votes ordered, due to illness. have received care at Maryland General Hos- provement Act of 2004 seeks to improve com- f pital. This is a situation that could have put pliance with laboratory standards by (a) facili- PERSONAL EXPLANATION many lives in jeopardy and one that simply tating the disclosure and detection of defi- should never have occurred given the regu- ciencies by employees and (b) increasing co- latory safeguards that exist to ensure quality operation and accountability among entities in- HON. LOUISE McINTOSH SLAUGHTER testing. volved in the accreditation and monitoring of OF NEW YORK Mr. Speaker, Congress recognized the im- federally regulated medical labs. IN THE HOUSE OF REPRESENTATIVES portance of ensuring that all Americans re- Specifically, the bill would amend Section Friday, October 8, 2004 ceive accurate diagnostic test results when it 1846 of the Social Security statute to: enacted federal standards for medical labora- (1) Establish whistleblower protections for Ms. SLAUGHTER. Mr. Speaker, I was un- tories under the Clinical Laboratories Improve- employees of clinical laboratories and pro- able to be present for rollcall votes 494–497, ments Amendments Act of 1998, now known viders; 502, 505, 507–508, 510–512, 517, 518, 520– as ‘‘CLIA.’’ Under CLIA, the Centers for Medi- (2) Require the Centers for Medicare and 524, and 526–527. Had I been present, I care and Medicaid Services (CMS) were Medicaid Services, state health agencies, and would have voted ‘‘aye’’ on rollcall votes 495, charged with developing and implementing private laboratory accrediting organizations 496, 497, 502, 505, 507–508, 510, 511, 512, regulations to ensure that all labs conform to such as CAP to share information about re- 517, 518, 520, 521, 522, and 527. I would strict federal standards. ports of deficiencies and investigative activity have voted ‘‘nay’’ on rollcall votes 494, 523, Pursuant to CLIA regulations and agree- undertaken pursuant to such reports; 524 and 526. Mr. Speaker, I ask unanimous ments between CMS and the states, clinical (3) Require that standard accreditation sur- consent that my statement appear in the per- laboratories that choose to be accredited by veys be conducted without prior notice to the manent RECORD. CAP or one of the five other private accred- provider or clinical laboratory facility to be sur- f iting organizations are ‘‘deemed’’ to be in com- veyed; and pliance with federal and state regulatory re- CONFERENCE REPORT ON H.R. 4520, (4) Require the Secretary of Health and quirements and can bill for services provided AMERICAN JOBS CREATION ACT Human Services to submit an annual report to to Medicare beneficiaries. OF 2004 Mr. Speaker, there is no doubting the fact Congress describing how CMS, private ac- crediting organizations, and state health agen- that CLIA has made medical testing more ac- SPEECH OF curate and more reliable and, surely, the over- cies responded to reports of deficiencies dur- whelming majority of labs do their best to con- ing the preceding year. HON. JANICE D. SCHAKOWSKY form to these high standards. Unfortunately, The whistleblower provisions would facilitate OF ILLINOIS the Maryland General case clearly dem- reporting of deficiencies by: Requiring that IN THE HOUSE OF REPRESENTATIVES participating providers and clinical laboratories onstrates that not all laboratories will play fair Thursday, October 7, 2004 and that the current system does not guar- post a conspicuous notice advising employees Ms. SCHAKOWSKY. Mr. Speaker, I rise antee that serious instances of noncompliance how and to whom to report deficiencies; pro- today in opposition to H.R. 4520, the so-called will be detected or corrected. hibiting retaliation by providers and clinical lab- Testimony before the Subcommittee indi- oratories against employees who report defi- American Jobs Creation Act, because it is just cated that, in the Maryland General Hospital ciencies to CMS, accrediting organizations, or another example of the Republicans’ seriously case: laboratory supervisors failed to imple- state health agencies; and establishing a fed- misplaced priorities. Instead of closing cor- ment quality control measures and deliberately eral cause of action for employees who are re- porate tax loopholes to fund housing, edu- masked lab deficiencies from inspectors from taliated against for reporting deficiencies. cation, and veterans’ programs, the Repub- CAP and the state; employees who com- With regard to unannounced inspections, licans decided to give 276 new tax breaks in plained were subject to retaliation and intimi- the bill sets forth a civil monetary penalty of up industries from oil and gas corporations to dation; state and CAP inspection teams were to $2,000 for persons who provide notice to a tackle boxes and ceiling fans makers. Instead unable to identify or verify serious ongoing de- lab or provider about the timing of a survey. of encouraging companies to create jobs in ficiencies during accreditation and complaint Mr. Speaker, it is sad but true that we can- the U.S., the Republicans chose to reward surveys; and enforcement entities failed to not afford to take it for granted that all labora- companies that export jobs overseas. Instead share information about reports of defi- tories will approach compliance with laboratory of helping six million working families make ciencies, investigative actions taken, and their standards in a good faith manner, or even that ends meet, the Republicans decided to strip investigative findings. deficiencies will be discovered when conscien- the overtime protections in the Senate bill and Since our hearings concluded, another tious lab employees want to disclose them. erode the 40-hour work week. Instead of regu- CAP-accredited laboratory in my state, Ref- The Clinical Laboratory Compliance Im- lating tobacco, a drug that kills 400,000 people erence Pathology Services of Maryland, had provement Act of 2004 would reduce the likeli- every year, the Republicans gave tobacco its CAP accreditation and state license re- hood that serious laboratory deficiencies will companies a bail out. It seems the Repub- voked because of longstanding deficiencies escape the notice of entities charged with en- licans are interested in helping big businesses related to testing for sexually transmitted dis- suring compliance with the standards that we avoid paying their fair share of taxes and sub- eases and cervical cancer. This case and in Congress have established to ensure a high sidizing the tobacco industry, even if it is at other information brought to the Subcommit- standard of healthcare for all Americans. the expense of American workers and fami- tee’s attention suggest that at least some of I urge my colleagues to join me in dem- lies. the problems that occurred at Maryland Gen- onstrating their support for strengthening our The Republicans rammed through those eral are not unique to the Maryland General national system for ensuring accuracy and ac- corporate taxes cuts, although corporate taxes case. countability in medical laboratory testing. are at their lowest level since the 1930s. The

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00079 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.403 E11PT1 E1946 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Government Accountability Office recently re- 9/11 RECOMMENDATIONS FREEDOM FOR FIDEL SUA´ REZ vealed that over 60-percent of large corpora- IMPLEMENTATION ACT CRUZ tions do not pay any taxes. In fact, a recent study of 275 of the Fortune 500 companies re- SPEECH OF HON. LINCOLN DIAZ-BALART vealed that those companies alone have OF FLORIDA avoided paying over $175.2 billion in owed HON. LUCILLE ROYBAL-ALLARD IN THE HOUSE OF REPRESENTATIVES taxes. OF CALIFORNIA Friday, October 8, 2004 The Republicans claim the tax cuts for cor- IN THE HOUSE OF REPRESENTATIVES Mr. LINCOLN DIAZ-BALART of Florida. Mr. porations in H.R. 4520 will not add to the larg- Speaker, I rise today to speak about Fidel est deficit our country has ever faced. How- Thursday, October 7, 2004 Sua´rez, a political prisoner in totalitarian Cuba. ´ ever, a study by the Center for Budget and Mr. Suarez Cruz is a farmer and pro-democ- The House in Committee of the Whole racy activist in totalitarian Cuba. He is a mem- Policy Priorities reveals that once all their House on the State of the Union had under ber of the Party for Human Rights in Cuba. consideration the bill (H.R. 10) to provide for cost-hiding gimmicks are stripped away, this Mr. Sua´rez Cruz also heads the private library bill will put us at least $80 billion more in debt reform of the intelligence community, ter- rorism prevention, and prosecution, border ‘‘San Pablo.’’ Because of his admirable beliefs than we are today. The increase in debt will security, and international cooperation and in freedom, democracy, and human rights, Mr. mean more cuts to vital programs, such as coordination, and for other purposes: Sua´rez Cruz has been the target of the night- children’s health care and homeland security. mare called the Castro regime. Ms. ROYBAL-ALLARD. Mr. Chairman, in This new round of tax cuts is a continuation of According to Amnesty International, in 2000 November 2002, Congress authorized the cre- the failed Bush economic policies that turned Mr. Sua´rez Cruz was sentenced to 6 months ation of a bipartisan 9–11 Commission to pre- of restricted freedom for ‘‘disobedience’’ for a federal surplus into deficit. We do not need pare a report on the status of our intelligence more of the same, we need a new direction. fishing in a restricted area: however, this sen- prior to the terrorist attacks on September 11, tenced was changed to imprisonment in the We have lost a net total of over one million 2001, the effectiveness of our response to totalitarian gulag because he was arrested for jobs since President Bush took office. With the those attacks, and to make recommendations carrying out peaceful political activities. passage of H.R. 4520, we are at risk of losing to strengthen identified weaknesses. I applaud On March 18, 2003, as part of the dictator’s even more American jobs. H.R. 4520 adds the work of the commission and support their condemnable crackdown on peaceful pro-de- recommendations to strengthen our country even more incentives for corporations to ship mocracy activists, Mr. Sua´rez Cruz was ar- against attacks at home and abroad. jobs overseas. But, not only are Republicans rested because of his belief in freedom and intent on aggravating our already dismal jobs It is critical to our national security that Con- human rights. In a sham trial, he was ‘‘sen- picture, they are also acting to severely under- gress act quickly and thoughtfully to imple- tenced’’ to 20 years in the inhuman, totali- ment the 9–11 Commission’s recommenda- tarian gulag. mine the quality of jobs that do stay in our tions. I was hopeful, therefore, that the Repub- Mr. Sua´rez Cruz is currently languishing in country. lican leadership would put the interest of the an infernal cell in the totalitarian gulag. These The few new jobs that have been created in country ahead of political considerations and depraved conditions are truly appalling. The the past few months pay an average of $9,000 bring to the floor a bipartisan bill that would State Department describes the conditions in less than the jobs they are replacing and protect our country from terrorist attacks. Un- the gulag as, ‘‘harsh and life threatening.’’ The many lack affordable health benefits. Yet, the fortunately, the bill before us, H.R. 10, as cur- State Department also reports that police and Republican conferees rejected a Senate provi- rently written, fails to meet this standard, and prison officials beat, neglect, isolate, and deny sion in H.R. 4520 that would have restored six I must reluctantly oppose it. medical treatment to detainees and prisoners, including those convicted of political crimes. It million workers’ right to overtime that the Ad- H.R. 10 is full of extraneous provisions that have nothing to do with the 9–11 Commission is a crime of the highest order that people who ministration took away earlier this year. The work for freedom are imprisoned in these Republicans have total disregard for the fact recommendations. The Republican leadership has added highly divisive immigration-related nightmarish conditions. that costs for basic necessities, like health ´ provisions which have been criticized by the Mr. Speaker, Mr. Suarez Cruz is suffering in care and energy, have skyrocketed and that chairman and vice chairman of the 9–11 Com- a grotesque gulag because he believes in families must make do with much less income. mission, the families of the 9–11 victims, and freedom. My Colleagues, we cannot allow What H.R. 4520 did include was a $10 bil- even the White House. For example, the bill peaceful pro-democracy activists to languish in the depraved prisons of tyrants. We must de- lion bail out for the Big Tobacco—that is equal seeks to deport people without due process, mand immediate freedom for Fidel Sua´rez to the tobacco industry’s advertising budgets punish those seeking asylum, return victims of torture to cruel governments, and prevent Cruz and every prisoner of conscience in to- for one year. In another win for the tobacco in- talitarian Cuba. dustry, the Republicans refused to include the hardworking individuals from obtaining basic f Senate to allow the Federal Drug Administra- forms of identification. tion to regulate tobacco products. According to The serious problems with H.R. 10 could 9/11 RECOMMENDATIONS recent statistics, more than 400,000 people have easily been avoided had the Republican IMPLEMENTATION ACT die each year from tobacco-related diseases leadership written this bill in a bipartisan man- ner. Instead, they removed provisions that SPEECH OF and, if action is not taken, more than five mil- were passed in committee on a bipartisan lion children living today will ultimately die as HON. C.A. DUTCH RUPPERSBERGER basis. At a time that our country is at war and a result. We cannot afford this loss of life or OF MARYLAND we are threatened on a daily basis by poten- IN THE HOUSE OF REPRESENTATIVES the $89 billion in annual public and private tial terrorist attacks, it is unconscionable that Thursday, October 7, 2004 health care costs attributable to tobacco. The the Republican leadership has turned the bi- passage of H.R. 4520 shows that not only do partisan recommendations of the 9–11 Com- The House in Committee of the Whole the Republicans have complete disregard for mission into a politically divisive piece of legis- House on the State of the Union had under lation. consideration the bill (H.R. 10) to provide for our fiscal health, but our children’s physical reform of the intelligence community, ter- health as well. The Senate has proceeded in a bipartisan rorism prevention and prosecution, border H.R. 4520 is a shameful bill that will make manner and passed, by an overwhelming vote security and international cooperation and coordination, and for other purposes: millions of Americans pay through cuts to vital of 96 to 2, an intelligence reform bill that fol- programs, like health care for children and lows the framework recommended by the bi- Mr. RUPPERSBERGER. Mr. Chairman, this partisan 9–11 Commission. It is my sincere is a historic moment for our Nation as we take heating assistance for seniors, cuts to U.S. hope that the serious problems with H.R. 10 a giant step forward in national security by re- jobs, and cuts to workers’ protections in order will be resolved when the final product forming our intelligence community to make to subsidize big business and special inter- emerges. Americans are trusting that Con- our citizens and our communities safer. These ests. gress will push partisan politics aside and reforms include the establishment of a Na- unite in support of legislation that will truly tional Intelligence Director and the implemen- make this country safer. tation of new information sharing strategies to

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00080 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.409 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1947 break down old barriers between agencies. a ‘‘backlog,’’ if by that term you mean to imply these issues held by either the House Com- While no legislation is perfect and I believe the that veterans are waiting unnecessarily for an mittee on Veterans Affairs which I chair and Collins/Lieberman version of Intelligence Re- answer from VA. The truth is that at any given the House Armed Service Committee during form legislation passed in the Senate this time, the VA is actively processing more than the past year. Had they done so, their readers week is a better solution, I stand in support of 250,000 claims while receiving more than could have learned about the problems which H.R. 10 and vote for this bill today. These re- 70,000 new and reopened claims each month. have faced separating service members in the forms move us towards a safer and stronger It’s normal for the VA to have a working inven- past and what is being done today to prevent America. tory of at least 250,000 claims. those problems from occurring in the future. In the course of the House debate of H.R. In fact, Mr. Speaker, at the request of this Both the Armed Forces and VA are working 10, many concerns have been raised about President, Congress provided additional fund- more closely together than in any previous immigration and I would like to speak about ing to increase the number of VA claims proc- conflict to ensure that the benefits which serv- this particular component of the bill. I remain essors by more than 1,300 since he took of- ice members earned by their faithful service convinced that illegal immigration is a serious fice. When we authorized these new employ- are delivered in a timely and compassionate issue that needs to be addressed by the Con- ees, we effectively overstaffed the VA so that manner. Members who attended those hear- gress. People who circumvent our Nation’s experienced employees would be available to ings learned that while mistakes have oc- laws and enter this country illegally should not train these new employees without an adverse curred, no one is more dedicated to ensuring be here. I believe this is central to our national effect on the timeliness of claims processing. that these deserving veterans than the current and economic security for hard working Ameri- These new employees are now fully trained VA Secretary Anthony Principi and his able cans and others who come to this country le- and productive, and there should be no reduc- staff. The VA, the Congress and the President gally. tion in services to veterans. are all working together to make sure that our But I also believe it is important that we re- With respect to meeting veterans’ benefits newest generation of combat veterans are member the purpose of this bill and what needs, the Washington Post article cited re- taken care of. They deserve nothing less. brought us to this historic point in time. The cently one of my colleagues failed to mention f purpose of this bill is to reform our Intelligence any of the documented improvements in VA Community; to lay the foundation we need to claims processing. In the past four years, the PERSONAL EXPLANATION protect Americans today. The 9/11 Commis- VA has reduced the average time to decide sion specifically addressed Intelligence Re- disability claims from a high of 233 days to HON. DARRELL E. ISSA form. With five Republicans and five Demo- 160 days, reduced the percentage of pending OF CALIFORNIA crats, the Commission spent 20 months on an claims for over six months from 48% in 2002 IN THE HOUSE OF REPRESENTATIVES exhaustive examination of millions of pages of to 21% now, reduced rating-related claims Friday, October 8, 2004 documents, countless interviews and hearings, from 432,000 in 2002 to 323,000 currently and and hundreds of hours of debate—and pro- is on track to meet the VA goal of 250,000. Mr. ISSA. Mr. Speaker, if I had been duced a bipartisan, unanimous list of 41 rec- Most importantly, VA has increased the present for the vote on the conference report ommendations. This report provided the Con- number of claims decisions from an average for H.R. 4200, ‘‘The National Defense Author- gress with a real, workable and effective blue- of 40,000 per month in 2001 to nearly 70,000 ization Act for FY 2005,’’ and conference re- print that became the foundation of the Col- in 2004. These are significant accomplish- port for H.R. 4567, ‘‘The Department of Home- lins/Lieberman bill that passed the Senate 96– ments by the Bush Administration on behalf of land Security Appropriations Act for FY 2005,’’ 2 on October 6, 2004. veterans, and all of us should be proud to I would have voted ‘‘yea’’ on both. So while I applaud some of the measures in have supported the increased funding which f H.R. 10 and have ultimately chosen to vote for the Administration requested to make this pos- H.R. 1047, MISCELLANEOUS TRADE this bill because it provides many measures to sible. AND TECHNICAL CORRECTIONS protect all Americans and our communities, I Mr. Speaker, the Washington Post article ACT remain concerned about some of the extra- lead readers to believe that there was some neous provisions it includes like immigration. delay in providing benefits to a soldier on ac- There are enormous differences between ille- tive duty, and that the VA is unresponsive to HON. PHILIP M. CRANE gal aliens and legal immigrants. There are America’s veterans. In fact, I am advised that OF ILLINOIS enormous differences between immigration VA has already evaluated this particular sol- IN THE HOUSE OF REPRESENTATIVES dier’s disabilities and will begin awarding ben- and terrorism. All of these issues are incred- Friday, October 8, 2004 ibly important to the fabric of our Nation and efits on the first the day he is discharged from deserve to be considered in full and sepa- the Army. As all of my colleagues should Mr. CRANE. Mr. Speaker, I rise in strong rately. know, VA cannot provide veterans benefits to support of H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2004. This f a soldier until he or she is discharged from ac- tive duty. important, bipartisan legislation is long over- CORRECTING THE WASHINGTON The Departments of Veterans Affairs and due, and I am pleased we have the oppor- POST RECORD ON THE VA Defense are working hard to ensure that mili- tunity to consider the conference report this tary members have a ‘‘seamless transition’’ evening. HON. CHRISTOPHER H. SMITH from active duty; this means prompt decisions H.R. 1047 is a compendium of trade provi- OF NEW JERSEY on claims for disability benefits and quality sions drawn largely from legislation introduced IN THE HOUSE OF REPRESENTATIVES health care when needed. Even before by individual Members. The bill contains provi- servicemembers are discharged, VA provides sions involving the temporary suspension of Friday, October 8, 2004 transition services at 136 military bases so duties on narrowly defined products, miscella- Mr. SMITH of New Jersey. Mr. Speaker, I that servicemembers can ask questions and neous trade items, and technical corrections to rise today to set the record straight on what is be briefed about their VA benefits and how to the Trade and Development Act of 2000. happening to recently-separated veterans who file for those benefits as they approach dis- There are a number of provisions in this bill seek benefits and services from the Depart- charge. The VA has even assigned its own that are noteworthy, including several that I ment of Veterans Affairs. There has been sig- professional staff to Walter Reed Army Med- have long championed. For instance, I am nificant progress made in the last 3 years; ical Center, the National Naval Medical Center pleased that the legislation follows in the tradi- some of that progress was reported correctly at Bethesda and the Landstuhl Army Medical tion of both the 2000 and 2002 Trade Acts, by in a Washington Times article this past Sun- Center in Germany to ensure our wounded including a reduction of the tariff for certain day, but the headline in a piece from the American heroes will be aware of their VA types of wool used in the production of men’s Washington Post that appeared on the same health care and benefits long before they are suits. day and was quoted by one of my colleagues discharged. This reduction in tariffs is important not only on Monday made it seem that VA is totally un- Mr. Speaker it is often said that you as a matter of trade policy, but also to prepared to provide disability, compensation, shouldn’t argue with an entity that buys ink by suitmakers across the country, who not too rehabilitation and other benefit to America’s the barrel, but the Washington Post has its long ago saw their industry decimated by high veterans. facts wrong in this case. This is not that sur- tariffs. Reducing these tariffs has stabilized the It is inaccurate to describe the current in- prising since the Post has not reported on any domestic industry, and nowhere is this more ventory of 323,000 claims for VA benefits as of the hearings—and we’ve had many—on apparent than at Hart Marx, the only publicly-

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00081 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.413 E11PT1 E1948 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 traded company manufacturing suits in Amer- ington-imposed interim government of sands of weapons remain in the possession of ica today. Prime Minister Gerard Latortue, and at right-wing vigilantes as well as some in the I had the opportunity to tour the wonderful times they have received open encourage- hands of pro-Aristide supporters. The situa- tion is made even more volatile today by the Hart Marx facility in Des Plaines, IL, this past ment from Latortue’s ‘‘cabinet members,’’ most notably Interior Minister (and former former military leadership’s aspirations to August, and saw firsthand how important that general) Herard Abraham and the island’s restore both the army and the same reign of tariff reduction is for the nearly 600 employees notorious justice minister Bernard Gousse, terror it applied during the decades-long at Hart Marx, many of whom are my constitu- both of whom have suggested that former Duvalier and post-Duvalier military dicta- ents. soldiers—some of the most prominent among torships, as well as under the brutal 1991–1994 I am therefore most pleased that this legis- whom have already been convicted in military junta led by the brute General lation will further reduce the tariff on worsted absentia for human rights violations com- Roaul Cedras. wool. History shows us that this will not only mitted during the military government of THE HAITIAN MILITARY: RISING FROM THE save jobs, but even add to jobs, in Illinois and 1991–1994—could simply be integrated into ASHES? the police force. throughout the country. Among the most alarming signs of mili- AN ARMY REBORN tary resurgence within the last sixty days I urge my colleagues to support this impor- was the acquittal on August 17, in a show tant legislation. In the face of these developments, FADH leaders are gathering strength in a bid to re- trial, of former army captain and para- f take political power and restore the repres- military leader Louis-Jodel Chamblain, pre- viously convicted in absentia for the 1993 HAITI SMOLDERING ON THE EDGE sion for which the army could always be counted to provide throughout most of Hai- murder of prominent Aristide supporter OF CHAOS ti’s turbulent twentieth-century history, the Antoine Izmery. This outrageous verdict, U.N. stabilization force and the inter- achieved under the aegis of Latortue’s dis- national community alike have remained al- reputable justice minister, Bernard Gousse, HON. MAXINE WATERS was reached after a ludicrously brief over- OF CALIFORNIA most deafeningly silent. At the present time, the U.N. presence in Haiti is more myth than night trial in which the prosecution called IN THE HOUSE OF REPRESENTATIVES fact, while a handful of renegades with a only one witness who proved to be entirely Friday, October 8, 2004 military background, in conjunction with irrelevant to the case. This earned for the in- terim government opprobrious remarks on Ms. WATERS. Mr. Speaker, on February 29 the tiny opposition business and professional Group of 184, have the clearest access to the the editorial pages of the New York Times of this year, President Jean-Bertrand Aristide, Latortue regime and its ability to obtru- and the Washington Post, as well as wide- the first democratically elected President of sively impact on the daily lives of the popu- spread denunciations from human rights or- Haiti, was overthrown in a coup d’etat. This lation. Within Haiti, international troops ganizations, and even from the State Depart- coup d’etat was led by heavily armed thugs drawn principally from the former rogue ment, which bears much of the blame for the and killers, many of whom are former mem- armed forces of Brazil, Argentina and Chile, current dysfunctional rule of the island. However, the subsequent rash of self-serving bers of the Haitian Armed Forces which were which were better known for the repression of their own citizens during previous eras of individual power plays on the part of the ex- disbanded in 1995 and are notorious for their soldiers, and the government’s utter unwill- history of human rights violations. These thugs military rule than for their nation-building skills, are seemingly paralyzed by inaction. ingness to confront or even denounce such and killers have refused to disarm and now These U.N. forces have made only the challenges to state authority, has received control several Haitian towns and cities, where paltriest of efforts to preserve order in the virtually no attention outside of Haiti. This they terrorize the local population. They are face of paramilitary power-grabs by ex- development has to be rightfully considered demanding the reestablishment of the Haitian FADH and police figures like Louis-Jodel part of the same dangerous phenomenon Armed Forces, and they even had the gall to Chamblain and Guy Philippe. They have which includes the growing power of former military figures like Chamblain, as well as claim that the Haitian Government owes them proven better at stalking pro-Aristide Lavalas party’s political forces than well- sly ideologues like the grinning Justice Min- more than 10 years of back pay. ister Gousse, who was clearly complicit in The following research paper, entitled ‘‘Haiti: armed renegade former soldiers. In Washington, a State Department pre- orchestrating Chamblain’s acquittal. Smoldering on the Edge of Chaos,’’ is an in- occupied by Iraq and North Korea appears to For example, only six days after the con- sightful analysis of the crisis in Haiti brought have all but overlooked the island’s exist- clusion of the Chamblain trial, the Haitian about by these thugs and killers. The paper ence; and in New York, a craven lack of po- Times reported on August 18 that the in- was written by Jessica Leight, a research fel- litical will is in evidence, accompanied by terim government had appointed Winter the kind of Machiavellian plotting by the Etienne—a leader of the bloody armed upris- low at the Washington-based Council on Hem- ing in Gonaives that preceded Aristide’s ispheric Affairs, a nonpartisan, nonprofit re- U.S. and French U.N. Security Council dele- gations that was witnessed when that body exile, who is also the coordinator of the Na- search organization. I hope my colleagues find tional Reconstruction Front, a party headed Ms. Leight’s analysis informative. refused to provide an international police force to defend Arisitide earlier this year. by former army officers, including rebel HAITI: SMOLDERING ON THE EDGE OF CHAOS Nor is U.N. Secretary General Kofi Annan leader Guy Philippe. The last named became Six months after the abrupt and violence- any more sensitive to the plight of the Hai- the director of the National Port Authority laced departure of constitutionally-elected tian populace than he was just before in Gonaives, the very city he earlier had President Jean-Bertrand Aristide, and over Aristide’s downfall, when he provided cover helped sack. At the Ministry of Interior, three months after the deployment of U.N. for the U.S. insistence that the former presi- former ranking military figure Minister peacekeeping units which were hailed as an dent deserved to be forced into exile because Herard Abraham continues to add former instrument for order and stability for this he was a failed leader. high-ranking military cronies to his staff; long-troubled Caribbean island, Haiti re- There has yet to be any kind of clear ac- among the recent arrivals is former colonel mains poised on the edge of chaos. Just as knowledgment of the magnitude of the Williams Regala, a particularly sinister aide nature in the form of a tropical storm that threat that Haiti’s already battered demo- to former dictator General Henri Namphy has managed to kill as many as 3,000 Hai- cratic institutions face from the military re- and undoubtedly a main plotter of the mas- tians, thousands more have died over the surgence on the island, much less the strat- sacre of voters during Haiti’s aborted No- past decade, victims of right-wing military egy which will be used to disarm these ille- vember 29, 1987 election. Regala joins an- and paramilitary forces. Today, ruled by a gal militias as well as clearly establish the other former colleague, Colonel Henri-Rob- bumptious, ineffectual and illegitimate cabal authority of a trained, professional police ert Marc-Charles, a member of the Cedras- whose only validity is supplied by U.S. fiat, force, and bring to justice the same former led military junta that overthrew democrat- Haiti now faces the imminent de facto recon- soldiers accused of human rights abuses who ically-elected President Aristide 1991, who stitution of its brutal Haitian Armed Forces are now making outrageous demands for currently is the target of a (as yet un-en- (FADH), dissolved by Aristide in 1995. Across compensation. Quite to the contrary, as the forced) judicial order requiring his imprison- the island, bands of former soldiers are seiz- exoneration of mass murderer Louis ment prior to trial for alleged involvement ing police stations and establishing them- Chamblain by Justice Minister Gousse and in a peasant massacre in Piatre in March selves as the de facto local power, at times the island’s tainted courts graphically exem- 1990. displacing the remnants of the national po- plifies, Haiti is still a very sick country. EROSION OF AUTHORITY OF THE MOST PATHETIC lice and placing large swaths of the country Thus as the clock continues to tick on a GOVERNMENT IN THE CARIBBEAN under what is effectively outlaw rebel juris- peacekeeping mission originally authorized Given these pro-military signals on the diction. Meanwhile these soldiers demand for only six months, it seems increasingly part of the Latortue government, which con- the restitution of unpaid wages over the past likely that the United Nations will exit Haiti sistently has demonstrated its sympathy for ten years for such services as torturing and much as the United States and Canada pre- former military leaders at the same time it murdering civilian victims. cipitously did in 1996: leaving behind a pro- officially rejects the idea of reconstituting These soldiers of ill-fortune have met lit- foundly unstable political situation domi- the armed forces on the grounds that such a tle, if any, resistance from the rump Wash- nated by heavily armed factions, as thou- momentous step should be taken only by the

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00082 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.417 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1949 next elected government, it is hardly sur- tary.’’ Ravix, once implicated in a brutal disavowed itself of any responsibility in prising that bands of former soldiers are 2002 massacre committed by former FADH dealing with the ex-soldiers. Spokesman making ever more far-fetched bids for power personnel in Belladere, is now the most visi- Toussaint Kongo-Doudou declared, ‘‘We have in municipalities across Haiti. On August 17, ble and rambunctious spokesman for the ex- no comment on the subject because it is a five officers of the national police’s riot soldiers’ movement, which is on the brink of government problem. It is not a problem of squad (CIMO) returned to their Port-au- maintaining de facto control over large the MINUSTAH. This is a Haitian affair.’’ As Prince headquarters asserting that a group swaths of Haiti. astounding as this statement appears, given wearing the garb of the disbanded military ESCALATING VIOLENCE, INEFFECTIVE RESPONSE that among the principal points of had attacked them and seized their weapons The government’s show of resolve in Saint- MINUSTAH’s mandate are the disarmament and uniforms. Subsequently, Radio Kiskeya Marc on September 7 hardly deterred the ex- of armed factions—of which the ex-soldiers reported that other CIMO officers have ac- soldiers in their attempts to establish them- are currently the most powerful—the estab- cused the government-appointed director of selves as a rival security force. Also, on Sep- lishment of a climate of security in advance the National Police Administration and tember 7 in Port-au-Prince, two ex-soldiers, of national elections on the island is a must. former military figure, Destorel Germain, of reportedly from Petit-Goave, were shot and The acknowledgement of a stalemate when it organizing the attack along with a number killed by riot police near the Prime Min- comes to security issues is an all too accu- of demobilized soldiers seeking reinstate- ister’s office in Musseau after firing at a po- rate description of the current limitations of ment, an accusation that raises the specter lice station. According to Police Commis- the undersized U.N. force now in Haiti. To of collaboration between some of the more sioner Fritz Gerald Appolon, the two were date, only 2,755 of an authorized 6,700 U.N. predatory elements of the police force and riding in a seized police car that had been troops have arrived in Haiti, making deploy- bands of ex-soldiers, in the latter’s fight for reconfigured as an army vehicle, and were fa- ments in the north and east of the country legal status. tally wounded after one of them shot at an impossible, and only a few hundred of the Former military elements already have officer who had called upon him to lay down 3,000 civilian police officers authorized have begun to establish their control over a series his weapon. Ravix denounced the incident as been trained and deployed. Thus the U.N. is of small urban areas, particularly in the des- an ‘‘assassination’’ and called for retaliation unable to maintain a security presence in perately poor Central Plateau region. On across the country. The following day, in re- many of the more remote regions of the September 1, a large force of 150 former sol- sponse, a group of ex-soldiers attacked the countryside, and has yet to launch the disar- diers took control of Petit-Goave, southwest police station in Hinche and hundreds of mament program that is a fundamental pre- of the capital, and seized ten police officers former FADH and its supporters from other requisite for the reestablishment of some as hostages the following day in neighboring anti-Aristide factions paraded in Cap-Haitien measure of political stability. Grand-Gove. This was in retaliation for the demanding ten years of back-pay. These arrest of four soldiers by police officials. The Moreover, the U.N. force’s Brazilian com- former soldiers already had begun arrogating two sides subsequently agreed to an ex- manders have openly warned that they do police functions to themselves inside of Cap- change of prisoners. Also on September 2, not have enough troops to stop renewed con- more than fifty heavily armed ex-soldiers Haitien, including going out on surveillance flict. Likewise, Argentine Defense Minister demonstrated in Gonaives, calling for the re- patrols. In Petit-Goave, rebels took four po- Jos Pampuro highlighted the particularly constitution of the army and the restoration lice officers hostage and seized their weap- troubling prospect that renewed skirmishes of their back pay. Once there, they were met ons, though they were released later that could have taken place on September 18, the with open arms by the fiercely anti-Aristide day. anniversary of the dissolution of the army In the face of this wave of new challenges, rebel group, the Gonaives Resistance Front— by Aristide. While additional troops from Sri the government and U.N. peacekeepers alike itself largely constituted by former sol- Lanka, Nepal, Spain and Morocco, among appear virtually helpless. Prime Minister diers—which expressed its support for the others, are expected to bring the total immediate formation of a legally reorga- Latortue and his self-caricaturing govern- MINUSTAH force to 5,000 members by the nized and retrained army. ment have made bold declarations that end of October, for the moment, the U.N. Even more alarming was the response of peacekeepers will ‘‘imminently’’ retake con- peacekeepers have been rendered completely the official government authorities to the trol of all government buildings, but the incapable of fulfilling their most basic func- Gonaives march. Rather than denouncing prospect of any such action occurring any tion: preserving order and a measure of gov- this clear threat to public order on the part time soon appears to be nothing more than a ernmental authority. mixture of bluff and fantasy. The govern- of a ‘‘gang of thugs’’ (as they earlier had THE SOUND OF SILENCE: WASHINGTON, NEW been characterized by Secretary of State ment has set up a committee to negotiate with the soldiers and offered as an initial YORK TURN THEIR EYES AWAY FROM PORT-AU- Colin Powell), departmental delegate Elie PRINCE Cantave declared that the former soldiers concession, the integration into the police had no aim other than to help the people of force of up to 1,000 former soldiers of a body Perhaps the most alarming aspect of the that city as he prepared to negotiate with that once numbered over 6,000 in strength. rapidly deteriorating security situation in them over their taking over as their head- However, Ravix refused to meet with the Haiti is the extraordinary indifference, aside quarters a state school located within the commission, declaring in Petit-Goave, ‘‘The from some storm-related humanitarian aid city. Further south in Jacmel and on the government doesn’t need to reconstitute us. in response to the natural catastrophe that same day, yet another contingent of former We are here. We have always been here. The just hit Haiti, that has been exhibited by the soldiers arrived to reinforce with arms and only thing the government has to do is pay international community in the face of this ammunition a group of their colleagues oc- us the 10 years, seven months they owe us creeping coup being executed by the former cupying the office of Radio Ti Moun. And in and let us do our jobs.’’ On September 12, the FADH. The Security Council issued only an perhaps the most symbolically important in- government did succeed in obtaining the anemic statement on September 10 in which cident, former soldiers occupied the police commitment of a group of representatives of it stressed ‘‘the urgency of disbanding and station in Belladere on the Dominican border former military personnel (of which Ravix disarming all illegal armed groups,’’ but of- on September 5 and immediately repainted was not a member) to a vaguely worded dec- fered not even the whisper of a commitment the facility in yellow, the traditional color laration asserting that ‘‘The matter of the to ensure that this task is in fact achieved. of FADH barracks. Simultaneously, the band military will be dealt with through dialogue; The Organization of American States has re- of ex-soldiers in control of Petit-Goave was the authority of the Government must be re- mained silent, as has the State Department, swelled by new arrivals, and coast guard in- spected; [and] the voluntary and peaceful and much of the Caribbean Community, stallations in Les Cayes remained under the evacuation of public buildings actually which over the past six months had taken control of ex-soldiers. under the control of demobilized soldiers the most courageous stands on unfolding The first evidence of a response on the part must be done . . . within the framework of events in Haiti. CARICOM is now riven by of the government and the U.N. peace- an agreement between the two parties.’’ internal divisions over whether to readmit keeping force came on September 7, when Whether this vague rhetoric will produce the Latortue government into CARICOM. Haitian police, backed by Argentine troops, any concessions in practice on the part of Also strangely absent is the recently ap- regained control of Saint-Marc a day after the ex-soldiers remains to be seen, but subse- pointed U.N. Special Representative to Haiti, former soldiers took control of the city sixty quent demonstrations in their support in St.- Chilean diplomat Juan Gabriel Valde´s. His miles north of Port-au-Prince. In response, Marc and Petit-Goave, on September 13 and selection was widely hailed at the time as rebel leader Sergeant Remissanthe Ravix de- a march of ex-soldiers wearing military uni- evidence of a new Latin American commit- clared on behalf of the ex-soldiers, ‘‘We’ll forms in the capital on September 15 sent a ment to inter-hemispheric cooperation, but fight to the last man. We’d rather die in clear signal that the militant remnants of he has since all but disappeared from car- combat instead of dying on our knees. They the FADH are far from ready to yield their rying out his admittedly difficult mission. [government authorities] came to power arms to civil authority. While his capacity for action may be con- thanks to our weapons they now declare ille- STABILIZATION MISSION IS TOO WEAK TO strained, Valde´s should at the very least be gal. If they think they can deny us our STABILIZE actively attempting to convey to the Secu- rights, they will know the same fate as At the same time that the government has rity Council, the Bush administration and Aristide. The fact that we left Saint-Marc shown itself utterly incapable of (or uninter- the leaders of other hemispheric bodies the does not mean we gave up. We’ll teach a les- ested in) controlling the rebel bands, the gravity of the unfolding military takeover in son to those who want to destroy the mili- U.N. Stabilization Mission (MINUSTAH) has Haiti. Unfortunately, up to now, Haiti’s

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00083 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.422 E11PT1 E1950 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 plight has been overshadowed by the per- that there have been participants of our EDC larly football. Tom played on the West Chester sistent bloodshed in Darfur, Iraq, and Af- program that have taken positions that they University football team that went to the Tan- ghanistan, or has been patronizingly dis- are bona fide Virgin Islands residents when gerine Bowl twice, and he was the head coach missed as yet another round of violence in a perennially unstable country. Additionally, they did not in fact spend a significant amount at General Wayne Middle School and at Mal- the natural disaster that occurred to the is- of time in the territory. We also acknowledge vern Prep football teams. land landed a devastating blow to its ability that there have been situations where individ- Mr. Speaker, I ask that my colleagues join to function. uals have received EDC tax exemptions even me in honoring Tom Fillippo. As an out- Haiti has reached a point of crisis, and de- though they continued to live and work in the standing businessman, community leader, phi- cisive intervention is required if any shred United States. We agree that the rules gov- of, or hope for, Haitian democracy is to be lanthropist, and beloved family man, he is one erning this situation need to be clarified and of Chester County’s and Pennsylvania’s exem- preserved. However shorthanded and over- made certain. And to that end, we look for- burdened its staff may be, the task of con- plary citizens and is most deserving of this vincing the international community of the ward to working with the Treasury Department House’s recognition and kudos. necessity of such intervention falls first to in crafting reasonable regulations which ac- the U.N. Stabilization Mission and to Valde´s. complishes these goals while preserving the f Hopefully, in the coming months they will essential elements of our program which was decisively demonstrate their commitment to designed to promote fiscal autonomy for the HONORING CHARLES G. (CHIP) ensuring that Haiti is not being abandoned Virgin Islands. ROACH by the international community yet again, We encourage the Treasury Department to or that leading U.N. authorities, including develop reasonable rules, post haste, that will Valde´s, will at least have the dignity of re- signing from their assignment in protest of ensure the integrity and effectiveness of the HON. JIM GERLACH the cruel hoax now being unleashed on the Virgin Islands EDC program and promote both OF PENNSYLVANIA island and its population. tax compliance and economic growth. Without IN THE HOUSE OF REPRESENTATIVES f such rules, the impact of the conference report language on legitimate businesses in the Vir- Friday, October 8, 2004 CONFERENCE REPORT ON H.R. 4520, gin Islands or on local government revenues AMERICAN JOBS CREATION ACT could be enormous, creating the financial Mr. GERLACH. Mr. Speaker, I rise today to OF 2004 equivalent of a massive hurricane leveling the honor Charles G. (Chip) Roach who was re- islands. cently awarded the Pennsylvania Association HON. DONNA M. CHRISTENSEN f of Realtors Distinguished Service Award. OF THE VIRGIN ISLANDS Chip Roach is most deserving of this award HONORING TOM FILLIPPO IN THE HOUSE OF REPRESENTATIVES in that he has worked for over 25 years with Thursday, October 7, 2004 the Pennsylvania Association of Realtors; has HON. JIM GERLACH held leadership positions on local, state, and Ms. CHRISTENSEN. Mr. Speaker, the OF PENNSYLVANIA national associations; and has proven himself American Jobs Creation Act of 2004 is mis- IN THE HOUSE OF REPRESENTATIVES to be a local leader whose performance of named as it relates to my congressional dis- Friday, October 8, 2004 service and involvement in political and com- trict, the U.S Virgin Islands, because of munity activities has been extraordinary. This changes it makes to our Economic Develop- Mr. GERLACH. Mr. Speaker, I rise today to legacy of service has been in Chip’s family for ment Program. These changes could ‘‘likely honor my constituent, Tom Fillippo, the Presi- five generations. Today, he has two children in cripple our Economic Development Commis- dent and CEO of Devault Foods in Chester the business with him and a son who works sion (EDC) program, robbing it of many of the County, Pennsylvania. This month, Tom will as a developer in Colorado Springs, Colorado. incentives it uses to lure mainland businesses be honored at the Chester County Council of to the islands, if companies decide to pull their the Boy Scouts of America’s 3rd Annual Dis- Chip Roach is a broker for Prudential Fox & investments, jobs and money out of the terri- tinguished Citizen Awards Dinner. Roach Realtors and for the Trident Group, a tory.’’ Tom grew up in Malvern, Pennsylvania and multi-service homeownership company in the The conference report contains a new provi- has remained in the area his whole life. He is Philadelphia area. Trident Group is the fifth sion, not previously considered by either the committed to the community and county he largest provider of home services in the na- House or Senate, which poses a serious risk grew up in and he currently serves as the tion, with more than 3,200 sales associates in to our EDC program. The Government of the Chair of the Council of Trustees at West 60 sales offices spanning three states. Virgin Islands strongly opposes this provision Chester University. Tom is also the Chair of Currently, Chip is a director of the National as currently drafted. This provision, which was the Chester County Chamber of Business and Association of Realtors and the Pennsylvania added in a closed door meeting with House Industry and of the Foundation at Paoli Hos- Association of Realtors. Not only does Chip and Senate tax writers over this past weekend pital. In the past, Tom served as the Chair of help oversee preeminent realty associations, and unveiled in the draft conference report the Chester County Industrial Development but he also is a director at the Philadelphia late last Monday night, would require V.I. tax- Authority. Today, he still sits on the Board of Committee to End Homelessness and is a payers to be physically present in the Virgin the Chester County Industrial Development former director of the Employee Relocation Islands at least 183 days in any tax year in Authority and is affiliated with the organiza- Council. order to be deemed a ‘‘bona fide V.I. resident’’ tions that work within their authority. Tom is Chip has served as the Chairman of the under the U.S. Internal Revenue Code. The also been a member of the Board of Directors Board of Trustees of Rosemont College, the new provision eliminates the alternative 3-year of the American Meat Institute and involved in Main Line Chamber, and of Genesis, a reloca- 122-day test included in the original Senate other industry organizations. tion network of over 25,000 sales associates Tom has served as Devault Foods’ Presi- bill. in the United States. Today, Chip is also the The new provision also restricts the type of dent and CEO since 1972 when he took over President of Fox & Roach Charities. Under income that can qualify for EDC benefits to the family business from his father. Devault Chip’s leadership, the Fox & Roach Charities V.I. source income. It would eliminate the pos- Foods began as a family-owned, one room have donated over one million dollars to dif- sibility that some of an EDC beneficiary’s U.S. butcher shop in 1949. The small business ferent organizations that are involved with pro- source income that is ‘‘effectively connected’’ grew tremendously in the following years and, viding housing for families in need. with a V.I. trade or business could qualify for in 1963, Devault Foods began to supply Burg- tax reduction under the EDC program. The er King with ground meat. This move gave an Outside of work and his community con- 1986 Tax Reform Act specifically permitted the explosive boost to the business. In 1972, tributions, Chip enjoys spending time with his Virgin Islands to reduce tax liability on income when Tom took over for his father, he wanted wife, three children, and five grandchildren. ‘‘effectively connected’’ with a conduct of a V.I. to expand the company’s customer base. He Chip has been described as an upbeat person trade or business even when such income is made a business deal with Wendy’s fast-food with a positive attitude that inspires those he sourced outside of the Virgin Islands in certain restaurant and became the fast-food chain’s works with. His wife describes him as always circumstances. Neither the House nor the new meat supplier. Today, Devault Foods is ‘‘on the go,’’ and everyone always knows he Senate bill contained any provision on source one of Chester County’s largest privately held is coming by his happy whistle and big smile. of income rules. businesses. Mr. Speaker, I ask that my colleagues join Mr. Speaker, we recognize and accept that Outside of business, Tom has always been me today in honoring Chip Roach for his ex- the genesis of this new provision is the fact active and has participated in sports, particu- emplary community service and the excellent

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00084 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.427 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1951 work he has done in the Pennsylvania Asso- lives of some 50 Rhodes Jews. He was their Ted, and with the guidance of their mother, ciation of Realtors. The Pennsylvania Associa- only line of defense against the final solution. Chairwoman Florence Fang, AsianWeek tion of Realtors Distinguished Service and Na- The remainder of Rhodes Jews all were de- reaches a broad cross-section of Americans, tional Award Chip received is a most pres- ported to Auschwitz, where 90% of them per- from recent arrivals in the immigrant commu- tigious honor and one that appropriately ac- ished. nity to leaders of national stature in business, knowledges Chip’s outstanding contributions The story doesn’t end there. Shortly after politics, academia and culture. Its mission is to to his profession and community. the release of the Turkish Jews and their fami- tell the story of Asian Pacific American life, to f lies, the Germans—perhaps having discovered provide a forum in matters of importance to its that Consul-General Ulkumen had tricked readership, and to involve Asian Pacific Ameri- HOLOCAUST MUSEUM TO HONOR them regarding Turkish law—took their re- cans meaningfully in the nation’s political proc- TURKISH DIPLOMAT FOR SAVING venge. They bombed the Turkish Consulate ess. JEWISH LIVES on Rhodes. Consul-General Ulkumen escaped To this end, the paper recently scored an harm, but his pregnant wife did not. She was important exclusive among the Asian Amer- HON. TOM LANTOS seriously wounded—mortally, it turned out a ican press: an interview with presidential nomi- OF CALIFORNIA few weeks later. But, before she died, she nee JOHN KERRY, who discussed a range of IN THE HOUSE OF REPRESENTATIVES managed to give birth. Ulkumen himself died subjects with editor-in-chief Samson Wong, from a proposed federal program combating Friday, October 8, 2004 last year at the age of 89, but the product of that pregnancy, a son—now a 60-year-old hate crimes to the new vistas that have Mr. LANTOS. Mr. Speaker, on October man—will accept the Holocaust Museum’s opened for his niece, a toddler adopted in 26th, the Holocaust Memorial Museum will award on his late father’s behalf. China. honor former Turkish diplomat Selahattin Ulkumen went on to hold many distin- But perhaps more important than any single Ulkumen. Few honors anywhere have been guished positions in the Turkish foreign serv- story, AsianWeek aspires with every edition to more deserved. ice before retiring in the 1970s. Yad Vashem deliver consistent, high-quality information on In 1944, Mr. Selahattin was a young dip- paid tribute to his courage in 1990 by naming all manner of subjects of interest to its target lomat who stared down German military au- him one of the ‘‘Righteous Among the Na- readership. For these efforts, it has won sev- thorities on the occupied island of Rhodes, tions’’ and planting a tree in his honor. He was eral awards—both for overall coverage and in- convincing them to rescind the deportation or- the first Muslim ever to receive this honor. In dividual citations from New California Media, a ders of 50 Jews and their families and saving 2001, his own nation bestowed its highest national association of more than 700 ethnic them from certain death. He paid a painful award on Ulkumen—the Supreme Service media organizations. price for his courage. Medal—for his Holocaust-era heroism on be- The paper also provides place where dis- Today Rhodes is part of Greece, but it was half of Jews. parate views on those subjects can be freely part of the Ottoman Empire from 1522 to 1912 In both Judaism and Islam, it is said that expressed. Dedicated to promoting discussion and under Italian control from 1912 through saving one life is like saving the world. Thanks among people whose backgrounds include the most of World War II. There were 1,700 Jews to Mr. Ulkumen, several family trees flourish many ethnic groups of South Asia, Southeast on the island when Germany took over today that otherwise would have been elimi- Asia and the Pacific, AsianWeek describes Rhodes in 1943, after the death of Mussolini nated forever. He put his life—and that of his itself as ‘‘The Voice of Asian America.’’ hastened the disintegration of Italian rule. family—at risk rather than compromise his be- Mr. Speaker, may the Asian Pacific Amer- On July 19, 1944, the Gestapo ordered all lief in equality and his commitment to the ican community, and U.S. society as a whole, Jews on Rhodes to report for ‘‘temporary sanctity of human life. Unfortunately for Eu- continue to benefit from the availability of this transportation to a small island nearby.’’ Ev- rope’s Jews, bravery of his sort was all-too- eloquent and extraordinary voice. erybody knew what that meant. They were to rare. I commend the Holocaust Museum for f be transported—and not temporarily—to venerating the memory of Selahattin Ulkumen PROVIDING FOR CONSIDERATION Auschwitz. and his deeds and for bestowing this honor on OF H.R. 10, 9/11 RECOMMENDA- When the Jews were rounded up, Consul- this profoundly honorable man. TIONS IMPLEMENTATION ACT General Ulkumen went immediately to the de- f tention center and demanded the release of SPEECH OF the Jews who were Turkish citizens, as well CELEBRATING 25 YEARS OF THE as their spouses and families. The German NEWSPAPER ASIANWEEK HON. SHEILA JACKSON-LEE commander refused at first, but Ulkumen per- OF TEXAS sisted, claiming that deportation of Turkish citi- HON. TOM LANTOS IN THE HOUSE OF REPRESENTATIVES Thursday, October 7, 2004 zens would violate German-Turkish treaties OF CALIFORNIA and boldly asserting that neutral and neigh- IN THE HOUSE OF REPRESENTATIVES Ms. JACKSON-LEE of Texas. Mr. Speaker, boring Turkey would raise the matter to the it pleases me that the Committee on Rules Friday, October 8, 2004 level of an ‘‘international incident’’ if Turkish had the prudence to make the amendment of- citizens were deported. In the eyes of Turkish Mr. LANTOS. Mr. Speaker, a distinguished, fered by the gentleman from New Jersey, Mr. law, he said, all citizens are equal. nationally-distributed newspaper based in San MENENDEZ, in order. This important amend- The German commander finally relented, Francisco is celebrating its 25th anniversary. ment has been endorsed by the 9/11 Commis- but insisted that only Jews with citizenship pa- Today I would like to ask my colleagues to sion and embodies the provisions found in the pers—a total of 13—would be released, not join me in saluting a quarter-century of Collins/Lieberman proposal, S. 2845 and the their spouses and families. Ulkumen, however, achievement by this important information re- McCain/Lieberman proposal, S. 2774. would not give ground. According to Turkish source, AsianWeek. Nevertheless, I am disappointed that we law, he said indignantly, the spouses and fam- Founded in 1979 by John T.C. Fang, who only have 3 hours and 40 minutes of general ilies of Turkish citizens ARE Turkish citizens. came to the United States from China in the debate to divide between eight of the many He was lying through his teeth. There was no early 1950s, AsianWeek now boasts a con- committees of jurisdiction with respect to this such Turkish law. But the German commander firmed readership of 175,000 people in its print legislation. In our work on H.R. 10, we have fell for it, and, after a few days, agreed to re- form and countless others on-line. It is the a duty to take into account the families that lease the spouses and families. In at least one only English language, national newsweekly will be affected. We in this august body have instance, the husband of a Jewish Turkish cit- chronicling the Asian Pacific American experi- a duty to take into account that these fami- izen actually was taken off a train already ence in all its variety. AsianWeek also offers lies—in fact, all American families, will be wait- bound from the Greek port of Piraeus to an opportunity for Americans as a whole to ing and watching to see if this body will act re- Auschwitz after Ulkumen won his point. learn about issues of particular importance to sponsibly, appropriately, and adequately. Ulkumen also managed to win the release of one of the country’s fastest-growing commu- The base bill includes over 50 extraneous some 25–30 Jews who were former Turkish nities, including civil rights, immigration, em- provisions that were not recommended by the citizens but had allowed their citizenship to ployment, and international affairs. 9/11 Commission. Within these extraneous lapse. John Fang launched the paper to help his provisions are legislative ‘‘poison pills’’ that will In all, according to the website of Israel’s fellow new Americans better themselves, and ultimately frustrate our overall purpose—to Yad Vashem Memorial Museum, Ulkumen his legacy has passed to his family: Now pub- make America safe. These poison pills in- managed to win the freedom and save the lished by his son James and edited his son clude:

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00085 Fmt 0626 Sfmt 9920 E:\CR\FM\K08OC8.002 E11PT1 E1952 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Giving the President ‘‘fast track’’ authority to even more challenging during a time of mili- HONORING MARY MILLS reorganize the intelligence agencies, under- tary conflict. The chairman and ranking mem- mining the reforms recommended by the 9/11 ber have succeeded admirably in this endeav- HON. MARSHA BLACKBURN Commission; or, and the product before us today is a fine OF TENNESSEE Giving the President authority to bypass example of careful craftsmanship and bipar- IN THE HOUSE OF REPRESENTATIVES Senate confirmation of the Director of the CIA tisan cooperation. We are proud of our men Saturday, October 9, 2004 and other key intelligence and defense offi- and women in uniform, and we must ensure cials, weakening congressional oversight; that they are given the resources necessary to Mrs. BLACKBURN. Mr. Speaker, I want to Giving Federal law enforcement officials succeed in their mission. take time today to recognize someone who new authority to deport foreign nationals, re- has been a true public servant in Williamson voke visas, and deny asylum without judicial H.R. 4200 recognizes the importance of our County, Tennessee. Few communities are for- review; service men and women in the field and tunate enough to have someone like Mary Creation of new national databases of driv- around the world and demonstrates the appre- Mills. But we in Tennessee have been blessed ers licenses, birth certificates, and criminal his- ciation of Congress through the provision of a by her hard work and dedication for years tories, raising civil liberties and privacy con- 3.5% pay increase for military personnel in FY now. cerns; and 2005 and a permanent increase in the family- Williamson County Commissioner Mary Mills Expansion of the authority of the Justice De- separation allowance and imminent-danger has consistently and without fanfare worked to partment by relaxing grand jury secrecy re- pay. I am particularly pleased that the meas- improve her community. As a former educator quirements and increasing its ability to con- ure extends TRICARE benefits to nonactive and an active member of the African Meth- duct secret surveillance. duty reservists. Our Reserve component has odist Episcopal Church, Commissioner Mills I serve on the House Select Committee on served the Nation professionally and valiantly has been a leader in everything she does. Homeland Security, and it troubles me that even though they and their families have often This week she’s being recognized by the while that body received a referral for markup, had to make sacrifices. Providing enhanced United Community Resource Foundation with the leadership has chose not to schedule such access to TRICARE will provide greater sta- a Lifetime Achievement Award, and I join the a hearing. The very committee that would pre- bility to reservist families and will ensure that people of Williamson County in thanking Mary sumably hold the most jurisdiction over this we do not lose qualified servicemembers be- for her dedication. matter deferred its opportunity to make this cause of insufficient access to health care. f legislation better. That does not sit well with my colleagues on this side of the aisle and it The conference report also addresses sev- IN SUPPORT OF BORDER does not sit well with the families of the vic- eral major problems that my colleagues on the BINATIONAL HEALTH WEEK tims of 9/11—it does not sit well with the committee and I have been working to solve. American people. Our committee and our colleagues on both HON. SILVESTRE REYES Furthermore, while the September 11 Com- sides of the aisle in the House have fought for OF TEXAS mission has set forth its bipartisan suggestion an end to a current flaw in our survivor bene- IN THE HOUSE OF REPRESENTATIVES for rebuilding and improvement, we cannot fits system that penalizes military spouses. For Saturday, October 9, 2004 even move legislation that authorizes home- too long, military spouses have witnessed their land security spending through a markup by survivor benefits drop by more than one-third Mr. REYES. Mr. Speaker, I rise today in the main committee of jurisdiction. These once reaching the age of 62. Comparable ci- strong support of an important event that I am issues are indicative of a body that has its pri- vilian plans provide survivors a lifetime annuity proud to say will soon take place in my con- orities misplaced. of 50–55 percent of retired pay and protect gressional district of El Paso, Texas—Border Mr. Speaker, in recognition and tribute to against a drop in annuity at age 62. As a co- Binational Health Week. Through the efforts of the families of the 9/11 victims, there should sponsor of the Military Survivor Benefits Im- federal, state, and local stakeholders and never be a price limitation placed on effec- provement Act, I have supported efforts to re- community members in the United States and tively securing the homeland. Nor should solid peal this unfair burden and am pleased that Mexico, Border Binational Health Week will legislation be ignored or thwarted in carrying this legislation would phase out from October raise awareness and strengthen our commit- ment to overcoming border health challenges. out the will of the American people. For this 2005 to March 2008 the current offset under The border is a very dynamic region and a reason, I fully support the goals set forth in the the Survivor Benefit Plan, and increase the gateway for diseases such as gastrointestinal Shays-Maloney proposal that was not made in annuities paid to survivors of military retirees order by this committee. I also fully support illnesses, a tuberculosis, and HIV/AIDS, and a who are 62 years or older. Additionally, the disproportionate number of border residents the Menendez amendment that has been en- agreement expedites last year’s concurrent re- dorsed by the 9/11 Commission and embodies suffer from chronic illnesses like cancer, heart ceipt improvements by authorizing full concur- the provisions found in the Collins/Lieberman disease, and diabetes. It is impossible to stop rent receipt for disabled military retirees rated proposal, S. 2845 and the McCain/Lieberman the spread of diseases at the border, so we 100% disabled. proposal, S. 2774. must work together, bi-nationally, to address f I am, however, disappointed, that the con- health concerns and combat illness. In short, ference report scaled back the provisions that Mexico and the United States must be part- CONFERENCE REPORT ON H.R. 4200, I offered with Congressman JIM COOPER dur- ners in achieving our common goal of solving RONALD W. REAGAN NATIONAL ing committee consideration that would ensure health problems along the U.S.-Mexico border. DEFENSE AUTHORIZATION ACT greater equity and efficiency of the Depart- As part of that critical effort, I am pleased to FOR FISCAL YEAR 2005 ment of Defense’s contracting process. The announce that Border Binational Health Week will be held from October 11–17, 2004, and is SPEECH OF agreement appears to close loopholes that have allowed the Department of Defense to being sponsored by the U.S.-Mexico Border HON. JAMES R. LANGEVIN avoid Congressionally mandated competition Health Commission. The Commission, along OF RHODE ISLAND requirements and provides limited appeal with many partners on both sides of the bor- IN THE HOUSE OF REPRESENTATIVES rights for government employees to challenge der, has worked diligently in developing the agenda for this extremely important event. Friday, October 8, 2004 contract decisions. Yet it falls short in other areas intended to guarantee taxpayer savings The theme for Border Binational Health Mr. LANGEVIN. Mr. Speaker, as a member Week is ‘‘Families in Action for Health.’’ Some and improved efficiency in DoD contracting of the House Armed Services Committee, I am of the many topics to be highlighted are im- procedures. I look forward to working with the pleased to speak in support of the conference proving access to health care, reducing health committee to implement H.R. 4200’s provi- report before us. Chairman HUNTER and Rank- disparities, and increasing immunization rates. sions and to address other shortcomings in ing Member SKELTON deserve great credit for The week will also include community mobili- this area. negotiating a bill that will provide our military— zation efforts, informational presentations, pol- and the men and women who serve in it—the Overall, this legislation is a well-balanced icy forums, models of excellence programs, resources they need to keep America strong approach to the needs of our Nation’s military, and health careers and professional ex- in the 21st century. It is always a daunting and I commend the chairman, ranking mem- changes—all illustrating the steps to a task to craft legislation that balances the ber, and my colleagues on the committee for healthier border and advancing the goals of needs of our services, and such an effort is a fine work product. the Healthy Border 2010 initiative.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00086 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.430 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1953 I ask my colleagues to join me in com- and armored vehicles. These facts are as- cerely hope in the future that such significant mending the efforts of the U.S.-Mexico Border tounding and yet truly saddening, yet another legislation as this will involve the debate and Health Commission and all those involved with indication that this Administration sent our full consideration of all necessary and relevant Border Binational Health Week, and in wishing young men and women to fight in Iraq and provisions from both sides of the aisle. The them a productive and successful week of never gave them the proper plan or the proper men and women of our Armed Forces and in- events. support. deed the American people as a whole deserve f This conference report also provides long as much. It is our duty in Congress to serve overdue retirement benefits for our service the interests of the people, it is the duty of the PROVIDING FOR CONSIDERATION men and women that Democrats have been Armed Forces to protect and serve our na- OF H.R. 10, 9/11 RECOMMENDA- demanding for years. Because of Democratic tional interests; one can only hope we can TIONS IMPLEMENTATION ACT pressure, Republicans finally included bipar- serve our mission as well as the members of tisan provisions to end the Widow’s Tax, and the Armed Forces have served theirs. SPEECH OF Democrats were successful in adding provi- f HON. SHEILA JACKSON-LEE sions that would immediately end the disabled OF TEXAS veterans tax for the most severely disabled TRIBUTE TO NANCY SALISBURY, IN THE HOUSE OF REPRESENTATIVES veterans. This conference report also ensures RSCJ that every member of the Guard and National Thursday, October 7, 2004 Reserve called up to serve in Iraq or Afghani- HON. ANNA G. ESHOO Ms. JACKSON-LEE of Texas. Mr. Speaker, stan can purchase TRICARE coverage for OF CALIFORNIA I rise today to support the National Defense their families after they return home. Members IN THE HOUSE OF REPRESENTATIVES Authorization Act which provides almost $450 would be eligible for one year of coverage for Saturday, October 9, 2004 billion to support out troops. I want to start by every 90 days of service after they have been thanking and congratulating the Ranking Mem- called up. TRICARE, the military health pro- Ms. ESHOO. Mr. Speaker, I rise today with ber of the Armed Services Committee, Mr. gram is an essential need for every member a heavy heart to honor Sister Nancy Salisbury SKELTON who worked so hard for so long to of the Armed Forces, especially those with RSCJ, a distinguished and nationally re- make this legislation beneficial to our men and families. It seems so intolerable to me that we spected and beloved educator who passed women of the Armed Forces. While I will vote would allow even one member of our Armed away on September 27, 2004 at Oakwood in for this legislation it is truly unfortunate that a Forces to go without proper health coverage. Atherton, California. more bipartisan approach was not taken in This conference report also includes a 3.5 Born May 15, 1930 in New York City, Sister order to include numerous important Demo- percent across-the-board pay raise for mem- Salisbury was the daughter of the late Philip cratic provisions which would have further bers of the Armed Forces. It permanently in- Turner Salisbury and Ethel Walsh Salisbury. benefited our fighting men and women. I am creases the rate for imminent danger pay from She was educated at Convent of the Sacred also saddened that this Defense Authorization $150 to $225 per month and increases the Heart in Overbrook, Pennsylvania, and earned comes at a time of such great need for our family separation allowance from $100 to $250 her bachelor’s degree from Manhattanville Armed Forces because they have been per month. It also ensures that construction of College of the Sacred Heart in Purchase, New pushed into a war that could have been avoid- new family housing for almost 50,000 military York in 1952. She received a master’s degree ed and has been so poorly managed from the families will proceed without delay. Again, it in History from Manhattanville in 1962 and a start. It is truly unfortunate that the brave men sickens me to think that we left these brave second master’s degree in Mathematics from and women of our Armed Forces are fighting and proud military families out in the dark for the University of Detroit in 1968. around the world while the Department of De- even the shortest possible period. This con- Sister Salisbury entered the Religious Order fense is in the current state it is in. The Ad- ference report finally ensures that these fami- of the Sacred Heart in 1952 and devoted her ministration must be accountable for the ac- lies will receive some justice for the sacrifice life to the Society as a teacher, administrator, tions of the Armed Forces; the unfortunate they make everyday to keep our Nation pro- headmistress and mentor. The stature of her events taking place in Iraq have caused our tected. accomplishments are reflected in the following: nation irreparable harm. I only pray that the I must also add that it is truly unfortunate Headmistress, Convent of the Sacred provisions in this legislation that will help pro- that this Defense Authorization continues this Heart, New York City, 1980–2000 tect our fighting men and women in Iraq are Administration’s policy of having misplaced pri- Chair, New York State Association of Inde- not the only step we take to alleviate their bur- orities. Instead of directing more money for pendent Schools Accreditation Commission den. proper planning in Iraq, or for greater protec- Vice Chair, Board of Trustees, New York State Association of Independent Schools I am heartened by the fact that Democrats tion equipment for our troops, or maybe for Headmistress, Convent of the Sacred have worked so hard to put pieces of our greater pay raises for our troops; this Adminis- Heart, Greenwich, 1970–1980 ideas into this legislation. As I stated earlier, tration has decided to budget $10.2 billion for Head of Middle and Upper Schools, Convent too many vital Democratic proposals that missile defense next year—twice the request of the Sacred Heart, Greenwich and New would have given our Armed Forces the for any other weapons system. Missile de- York City equipment and support they need to success- fense systems are not new; in fact they have Teacher, Administrator, Sacred Heart fully complete their dangerous missions, were been discussed for decades. The truth is that Schools: Greenwich, Grosse Pointe, Kenwood, New York denied based simply on partisanship. How- missile defense systems have proven to be Chair, Guild of Headmasters of Inde- ever, the few Democratic principles that were overly complex, unreliable, and often been lit- pendent Schools, New York City put into this legislation will greatly help our sol- tle more than pipe dreams. Why in good con- Chair, Fairchester Association of Head- diers past and present and their families. science, in this time of budget constraints and masters Because of Democrats insistence this con- increased need, would we allocate even more Chair, Board of Trustees, Carrolton School ference report provides additional funds for money for failed programs? There are more of the Sacred Heart force protection measures, including additional responsible ways to budget this money. Vice Chair, Board of Trustees, Early Steps body armor, countermeasures for improvised Member, Network of Sacred Heart Schools Money from the Defense Authorization should Commission on Goals (NCOG) explosive devices, and armored Humvees. It go to our men and women in the Armed Member, Boards of Trustees: Network of also includes a Democratic proposal that Forces who actually defend our nation instead Sacred Heart Schools: Greenwich, Doane would reimburse families who purchased body of into programs that just waste needed funds. Stuart; Youth Services Opportunities Pro- armor or other protective equipment for a Also, once again Democrats have been able gram, Independent School Admissions Asso- loved one serving overseas. Sadly, before to restore some sanity to this issue. Because ciation of Greater New York, Connecticut today many families had to take the safety of of their efforts the Pentagon’s Office of Testing Association of Independent Schools, loved ones serving overseas into their own and Evaluation regains an oversight role and Manhattanville College Alumni Association hands. Those kinds of practices make it seem Member, Committees of the New York Prov- there will be some controls over this dubious ince of the Society of the Sacred Heart as if we are running a civilian militia as op- program. OT&E is tasked with devising a real- Upon her retirement as headmistress of the posed to the greatest Army in the history of istic test regimen for the Ballistic Missile De- Convent of the Sacred Heart School in New mankind. According to a report commissioned fense system. York, Sister Salisbury spent time in Chicago by DOD, as much as 25 percent of U.S. com- While I will support this legislation because where she continued her mentorship of bat deaths might have been prevented if there of the support and protection it provides to our young women entering the congregation. It had been sufficient supplies of body armor men and women in the Armed Forces, I sin- was in recent years that she came to the

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00087 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.434 E11PT1 E1954 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Oakwood Community, and earlier this year was the time he spent together with his chil- could take care of his mother. His brother Pat became its Director. Of Oakwood she said ‘‘I dren and their friends. A gracious host, he remembers how ‘‘if the family needed him for continue to discover each day the deep roots loved to surround himself with friends, fam- anything, he’d be there.’’ Michael was never of the love of God, the Society and the Com- ily, wonderful meals prepared by Angela, and munity. I believe it is these bonds which fine wine, most often a robust cabernet made one to miss the weekly family dinners on Fri- make Oakwood a home of joy, under- by his late father-in-law, Angelo Pellegrini. day or the family get-togethers at church on standing, reconciliation and celebration. I Loud, boisterous and laughter filled eve- Sunday. see my responsibility to find new ways of nings, roast pork, roast potatoes, hot peppers On behalf of the entire Tampa Bay commu- keeping this spirit alive and visible as we and greens from the garden were the norm in nity, I would like to extend my thanks to Mi- celebrate the end of our journey together in the Owens home, with Tom at the head of chael for his dedication to serving others and love.’’ the table, wine glass in hand, belaboring the offer my deepest sympathies to his many Sister Salisbury was a holy woman, de- occasional anecdote or joke. To hear him tell loved ones. voted to her RSCJ community and their mis- a story was an experience in and of itself. In sion, and deeply committed to living her life Tom’s case, punch line were an irrelevant de- f loving and serving the Sacred Heart of Jesus. tail, as the delivery, often scrambled and 9/11 RECOMMENDATIONS Her wisdom was recognized by anyone who confused were what made his diatribes so un- met her. Her wisdom was more than being forgettable. He also loved travel, particu- IMPLEMENTATION ACT smart . . . it came not from a busy head but larly to Italy, working out, playing the from a deeper well . . . her peaceful heart. piano, cigars, spending time with his chil- SPEECH OF Her leadership skills lifted people to new dren and grandchildren, bullmastiffs, trees, heights and she emulated Jesus by gath- and golf. He is survived by his loving wife, HON. SHEILA JACKSON-LEE ering, teaching, and loving the children and Angela, two children Tom (Dena) and Sarah OF TEXAS she contributed mightily to the future well (Scott Lindblad), five grandchildren, Olivia, IN THE HOUSE OF REPRESENTATIVES being of our nation, preparing generations of Evan, Reese, Cameron, Lauren and surrogate Friday, October 8, 2004 young women for leadership roles. I ask my granddaughter Gabriella Pellegrini. He is colleagues to join me in honoring this good also survived by a brother, Dr. E. Reese The House in Committee of the Whole and great woman, paying tribute to her, the Owens (Betsy), of Pittsburgh, PA. We will House on the State of the Union had under life she lived and the lives she shaped. How miss your thoughtful generosity, your wit, consideration the bill (H.R. 10) to provide for blessed I am to have known her and bene- love of family and friends, and your frank reform of the intelligence community, ter- fited from her love, counsel and wisdom. and honest emotional support. For now we rorism prevention and prosecution, border security, and international cooperation and f say to the man clad in the trademark blue blazer, see you again someday, somewhere, co-ordination, and for other purposes: CELEBRATION OF THOMAS JAMES as we lift a glass in fond farewell to our be- Ms. JACKSON-LEE of Texas. Mr. Chair- OWENS loved patriarch: Salute! e Addio, man, I rise in support of the amendment of- caroTommaso. Sarai sempre nel nostro cuore e nei nostri pensieri. There will be a celebra- fered by the Gentleman from Indiana des- HON. NORMAN D. DICKS tion of Tom’s life at 4 p.m., Friday, October ignated as #29. This amendment directs the OF WASHINGTON 1st at the Seattle Golf Club. Secretary of Homeland Security to ‘‘ensure IN THE HOUSE OF REPRESENTATIVES f that all appropriate personnel engaged in se- curity screening of individuals have access to Saturday, October 9, 2004 IN REMEMBRANCE OF MICHAEL law enforcement and intelligence information Mr. DICKS. Mr. Speaker, Tom Owens was ANDREW MITCHELL maintained by DHS.’’ It also calls for the sub- my friend; he came to Washington, DC, al- mission of an overview of all the agencies, most weekly until he retired in 1996. Tom al- HON. JIM DAVIS databases, and other capabilities that exist ways wanted to play tennis and go to the best OF FLORIDA within the Department involved in intelligence restaurants for dinner. Tom was a very effec- IN THE HOUSE OF REPRESENTATIVES relating to terrorism, drug trafficking, illegal im- tive lobbyist. He worked both sides of the aisle migration, screening, investigations, and in- very skillfully. Saturday, October 9, 2004 spection of goods or individuals entering the His friends and family were all shocked Mr. DAVIS of Florida. Mr. Speaker, I rise in United States. Furthermore, this amendment when he suddenly died on September 16th. remembrance of Michael Andrew Mitchell, a would require the submission of a report to I wanted to include in the RECORD a recent loving family man who nobly served his com- Congress within 180 days on actions taken article about Tom and his family. Tom Owens munity as a Tampa Police Officer. and plans in place to improve access and the was a tremendous human being who will be A natural athlete, at Tampa Bay Technical flow of information. missed by all who knew him. High School Michael excelled in football, track Proposals that seek to ensure that DHS is THOMAS JAMES OWENS and basketball and earned a football scholar- functioning efficiently, effectively, and in ac- Thomas James Owens—Born June 2, 1928, ship to Miles College. After graduating from cordance with the U.S. Constitution with re- in Pittsburgh, Pennsylvania. Tom died sud- the police academy, Michael went on to serve spect to individual rights and liberties should denly and unexpectedly in his north Capitol in the Tampa Police Department, for 25 years. be supported fully because the function of Hill home early in the morning, September During his career, Michael earned the praise DHS is a bi-partisan issue. Protecting the 16th. He was preceded in death by his par- of his colleagues and superiors. He was twice American people is a bi-partisan issue. ents, Helen Reese and Edward Addison awarded the Tampa Police Department Com- Similar to this amendment, I would have of- Owens, and brother J. David Owens. A grad- uate of Amherst College and Michigan Law mendation Award, as well as earning a Spe- fered a proposal that would make the ‘‘Next School, he moved to Seattle in 1955 where he cial Award of Recognition from the Depart- Generation Airline Passenger Prescreening’’ began a law practice and eventually met and ment of Justice. But more important than any provision (Section 2173) more effective while married his wife of 44 years, Angela award, Michael earned the trust of his fellow taking active measures to protect individual (Pellegrini). A lobbyist, he worked on both officers. As Jose Feliciano, Michael’s former rights and liberties. the state and federal levels, retiring from a partner said, ‘‘I never worried when I was with The existing language in Subsection (i) of successful practice in 1996. A masterful com- Mike. I always knew he had my back.’’ Section 2173(a)(C) assigns the task of testing municator and intermediary, he was liked Michael’s dedication to serving his commu- the next generation passenger prescreening and respected by Democrats and Republicans alike. Impeccably dressed, with his unmis- nity extended beyond his role as a police offi- system against automatic selectee and no-fly takable trench coat, he was a fixture in po- cer. A lifetime member of First Baptist Church lists and records in the consolidated and inte- litical circles in both Olympia & Washington of College Hill, Michael was active in nearly grated terrorist watchlist maintained by the D.C. Tom was also an accomplished racquets every aspect of the church. He was a member Federal Government to the ‘‘Assistant Sec- man. After a successful tennis and squash ca- of the Youth Choir, Youth Usher Board, Young retary or designee.’’ This is a very loose as- reer in the Ivy League, he went on to become Adult Choir, Tape Ministry, Breakfast Ministry, signment of a very important task. Moreover, one of the more dominant amateur players Security Ministry and Deacon Board Ministry. the duties of the Assistant Secretary would in the area, winning numerous titles in the And Michael always had time for young peo- hardly allow for the time and effort that is nec- Pacific Northwest and British Columbia, in- cluding the Pacific Coast Championship in ple. His patient, calm and caring demeanor essary to perform the functions of this provi- 1964, ranking him among the best amateur drew people of all ages. sion to address the needs of the American players in the country. His true passions, However, Michael may best be remembered public. first and foremost, were his loving family for his devotion to his family. In June, he gave The Jackson Lee Amendment would have and dear friends. A particular joy in his life up his career at the Police Department so he assigned this task rather to the ‘‘Civil Liberties

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00088 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.439 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1955 Protection Officer’’ or designee thereof—in ference report on H.R. 4837—Military Con- 9/11 RECOMMENDATIONS consultation with the Assistant Secretary. struction/Emergency Supplemental Appropria- IMPLEMENTATION ACT Therefore, this amendment would have added tions; ‘‘yes’’ on the conference report on H.R. teeth to the existing provision in the area of 4567—Homeland Security Appropriations; and SPEECH OF personnel assignment. ‘‘no’’ on the Adjournment Resolution, because HON. SHEILA JACKSON-LEE The Civil Liberties Protection Officer is the the 108th Congress should complete its work OF TEXAS most appropriate personnel to perform this before it adjourns. The Republican-led Con- IN THE HOUSE OF REPRESENTATIVES function. gress has failed to address the needs of mid- Therefore, it is very important that we not dle class families. Republicans have failed to Friday, October 8, 2004 only make this legislation efficient and thor- create jobs, end outsourcing, improve national The House in Committee of the Whole ough but that we craft it to protect civil rights security, lower health care costs, improve edu- House on the State of the Union had under and civil liberties. Mr. Chairman, I ask that my cation, or protect our environment. consideration the bill (H.R. 10) to provide for colleagues support the amendment by the reform of the intelligence community, ter- rorism prevention and prosecution, border Gentleman. f security, and international cooperation and f IN MEMORY OF BISHOP MOSES coordination, and for other purposes: PERSONAL EXPLANATION TAYLOR, MINISTER TO AND Ms. JACKSON-LEE of Texas. Mr. Chair- FRIEND OF THE PEOPLE OF man, I rise to address the Amendment offered HON. DANNY K. DAVIS LONG ISLAND CITY AND by Mr. KIRK of Illinois which would require that the President submit a report to the congres- OF ILLINOIS ASTORIA, NY sional intelligence committees detailing how IN THE HOUSE OF REPRESENTATIVES the Drug Enforcement Administration (DEA) Saturday, October 9, 2004 HON. CAROLYN B. MALONEY can be integrated into the intelligence commu- OF NEW YORK Mr. DAVIS of Illinois. Mr. Speaker, I was un- nity. I believe it is important that we recognize able to cast votes on Thursday, September IN THE HOUSE OF REPRESENTATIVES the vital role the DEA has played in our War 30, 2004, due to a death in the family. If I was Saturday, October 9, 2004 on Terror and we should study how effective present for rollcall votes, it would be the fol- it would be to officially include the DEA in our Mrs. MALONEY. Mr. Speaker, I rise to ac- lowing: intelligence apparatus. knowledge the life and achievements of No. 480 on motion to recommit with instruc- Many of the terrorist groups including Al Bishop Moses Taylor, one of New York City’s tions—Surface Transportation Extension Act of Qaeda that are targeting our Nation derive foremost spiritual leaders. I am saddened to 2004, Part V—1 ‘‘yea.’’ much of their income from the sale of drugs report to the members of this chamber that No. 481 on Passage, Surface Transpor- which finances their terror network. It is clear Bishop Taylor passed away on October l, tation Extension Act of 2004, Part V—H.R. that narcoterrorism is becoming a larger threat 2004. He is survived by his loving family, his 5183—‘‘yea.’’ to our security and the DEA is playing a sig- No. 482 on motion to suspend the rules and many friends and the congregations of the nificant role in reducing this threat. Just last pass H.R. 5149—the Welfare Reform Exten- three ministries he founded in Long Island City December the USS Decatur intercepted a boat sion Act, Part VIII—‘‘yea.’’ and Astoria, Queens. in the Gulf near the Strait of Hormuz that was No. 483 on motion to suspend the rules and Bishop Taylor was a fixture of his commu- found to be carrying almost two tons of hash- pass, as amended H.R. 4231, the Department nity for more than 60 years. Bishop Taylor’s ish valued at up to $10 million. The boat was of Veterans Affairs Nurse Recruitment and Re- ministry began in a small house on 12th Street found to have direct connection to the Al tention Act of 2004—‘‘yea.’’ in Long Island City, where he preached to a Qaeda terror network. While this large ship- No. 484 on passage of H.J. Res.106. Pro- group of twelve followers; in the next few ment was intercepted we can safely assume posing an amendment to the Constitution of years, this ministry moved to a larger, perma- there are many others that are out there that the United States relating to marriage—‘‘nay.’’ nent home across the street and became pose a threat to our national security. No. 485 on motion to suspend the rules and known as the Long Island City Gospel Taber- In Afghanistan, we replaced the brutal agree on H. Con. Res 501, Honoring the life nacle. It was during this time that Bishop Tay- Taliban regime that was harboring Al Qaeda and work of Duke Ellington, recognizing the lor began many of the community service ini- terrorists, but today Afghanistan faces many 30th anniversary of the Duke Ellington School tiatives for which his ministries would become threats from those same terrorist networks. of the Arts, and supporting the annual Duke widely known in the Queens community. In- President Karzai himself has said that the cul- Ellington Jazz Festival . . . deed, the two founding principles of the tivation of drugs namely the poppy crop is one No. 486 on motion to suspend the rules and Bishop’s ministries are ‘‘to teach and preach of the biggest threats that Afghanistan faces. agree on H. Res. 792, Honoring the United the Word of God with simplicity and under- The U.S. State Department has indicated that Negro College Fund on the occasion of the standing’’ and ‘‘to undergird, strengthen and poppy cultivation in Afghanistan is expected to Fund’s 60th anniversary and the Fund’s un- increase (the) community through programs, jump by 40 percent this year. In fact, Afghani- flagging dedication to enhancing top quality targeted activities for men, women, singles stan is one of 22 nations listed by President college opportunities to millions of students and families, combined with educational instru- Bush in his annual report to Congress on ... ments that will address the whole need of ‘‘major’’ drug-producers. Our own Pentagon is man.’’ f reporting that the drugs trade is corrupting Af- Building on the success of the Gospel Tab- ghan government institutions and that without PERSONAL EXPLANATION ernacle, Bishop Taylor went on to found the vigorous eradication, security will not improve Astoria Outreach Ministries and the Center for quickly. The U.N. released figures earlier this HON. DENISE L. MAJETTE Hope International in Long Island City, which year saying three-quarters of the world’s OF GEORGIA is now led by his son, Pastor Mitchell G. Tay- opium poppy was now grown in Afghanistan. lor. I am certain that Bishop Taylor was ex- IN THE HOUSE OF REPRESENTATIVES These figures are staggering and indicate the tremely proud to see his son follow in his foot- battle we face to eliminate these drugs so that Saturday, October 9, 2004 steps and dedicate his life to enriching the they can not benefit our terrorist adversaries. Ms. MAJETTE. Mr. Speaker, I was unable lives of people in the Queens community. The DEA has played a critical role in chal- to be in attendance for a number of rollcall The three ministries founded by Bishop Tay- lenging Al Qaeda and other terror networks votes taken on October 8, 2004. Had I been lor have become invaluable parts of New York that engage in narcoterrorism. The DEA cur- present I would have cast my votes as follows: City’s spiritual life. They are true reflections of rently has an international presence with 77 ‘‘No’’ on rollcall No. 524; ‘‘yes’’ on rollcall the vibrant and generous Queens community offices in 55 countries that gather drug en- No. 525; and ‘‘no’’ on rollcall No. 526. that Moses Taylor so faithfully served. forcement intelligence, take part in host-coun- I was unable to be present for votes taken Mr. Speaker, I request that my colleagues try drug-related law enforcement operations, on October 9, 2004, however, I would have join me in honoring the late Bishop Moses and train host-country law enforcement per- voted: Taylor, whose dedication to community service sonnel. An indication of DEA’s effectiveness in ‘‘Yes’’ on final passage of conference report lives on thanks to the generosity of his many foreign operations can be found in the intel- on H.R. 4200—Defense Authorization Act for followers. With his passing, the community ligence information the DEA gathered to re- FY 2005; ‘‘yes’’ on final passage of the con- has lost one of its true heroes. veal that Osama bin Laden himself had been

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00089 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.443 E11PT1 E1956 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 involved in the financing and facilitation of her- ter, more productive lives because of what against Mr. Al-Alusi. I encourage him to swiftly oin-trafficking activities, which were then shut they learned at Jefferson under teachers who complete his examination and to provide guid- down by our military operations in Afghani- cared, encouraged, and challenged. ance toward a U.S. policy that forever elimi- stan. Today, the DEA continues to push for- f nates this type of bigotry from Iraqi law. ward in identifying narcoterrorism threats that I hope President Bush, Secretary of State are vital to maintaining our national security. I PERSONAL EXPLANATION Powell and Members of Congress will step for- look forward to seeing a report from the Presi- ward and without reservation, condemn this dent that will indicate the efficacy of officially HON. SOLOMON P. ORTIZ continuation of an anti-Semitic policy that is a including the DEA in our intelligence system. OF TEXAS hateful and dangerous residue of Saddam Clearly, the DEA plays an important informa- IN THE HOUSE OF REPRESENTATIVES Hussein’s failed regime. tion gathering and enforcement role in our Saturday, October 9, 2004 f War on Terror, this report will simply clarify their position in our national intelligence sys- Mr. ORTIZ. Mr. Speaker, because of busi- 9/11 RECOMMENDATIONS tem. ness in my district (27th Congressional District IMPLEMENTATION ACT of Texas) I was absent for rollcall vote Nos. f 509–530. If I had been present for these SPEECH OF JEFFERSON HIGH SCHOOL votes, I would have voted as indicated below: HON. SHEILA JACKSON-LEE REUNION—YORK, SC 509—‘‘Yes’’; 510—‘‘Yes’’; 511—‘‘Yes’’; 512— OF TEXAS ‘‘Yes’’; 513—‘‘Yes’’; 514—‘‘Yes’’; 515—‘‘Yes’’; HON. JOHN M. SPRATT, JR. 516—‘‘No’’; 517—‘‘Yes’’; 518—‘‘Yes’’; 519— IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA ‘‘No’’; 520—‘‘Yes’’; 521—‘‘Yes’’; 522—‘‘Yes’’; Friday, October 8, 2004 IN THE HOUSE OF REPRESENTATIVES 523—‘‘No’’; 524—‘‘No’’; 525—‘‘Yes’’; 526— The House in Committee of the Whole ‘‘No’’; 527—‘‘No’’; 529—‘‘Yes’’; 530—‘‘Yes.’’ Saturday, October 9, 2004 House on the State of the Union had under f consideration the bill (H.R. 10) to provide for Mr. SPRATT. Mr. Speaker, on the weekend reform of the intelligence community, ter- before Labor Day, some 400 alumni of Jeffer- IS ISRAEL STILL AN ENEMY OF rorism prevention and prosecution, border son High School gathered for their first re- THE STATE IN THE NEW IRAQ? security; and international cooperation and union since Jefferson closed more than 30 coordination, and for other purposes: years ago. HON. SHELLEY BERKLEY Ms. JACKSON-LEE of Texas. Mr. Chair- Jefferson got its start in a frame school OF NEVADA man, I rise in support of the amendment as of- house built for African-American students next IN THE HOUSE OF REPRESENTATIVES fered by my Texas colleague Mr. Bonilla of the 23rd Congressional District to increase the to Wesley United Methodist Church on West Saturday, October 9, 2004 Jefferson Street in York, South Carolina. From number of beds available for immigration de- there, Jefferson graduated to a Rosenwald Ms. BERKLEY Mr. Speaker, I rise today to tention and removal operations in the Depart- school and became the African-American pub- express my deep concern, and frankly my dis- ment of Homeland Security. As the Ranking lic school in a racially segregated system. Al- belief, at the arrest of Mithal Al Alusi, an Iraqi Member of the House Immigration Sub- though the system was called ‘‘separate but citizen who was charged recently for visiting committee, I recognize the urgent need for this equal,’’ Jefferson never had facilities or teach- an enemy state. proposal. ing materials equal to its counterparts, the The world took little notice of what one The growth of the Immigration and Enforce- white schools that I attended. Used books might expect to be major news in the United ment Agency’s (ICE) and Border Patrol were passed on from white students, dated States and around the world. Unfortunately, Servicess (BPS) enforcement efforts, along and worn. The school district built a new high this story has been nearly invisible. with the Illegal Immigration Reform and Immi- school for white students in 1950, but left What makes this case so disturbing is the grant Responsibility Act of 1996, which re- black students to make the best of their old fact that the nation he dared visit, the nation quires INS to detain aliens subject to manda- one. The students, teachers and administra- labeled an enemy state by the new post-Sad- tory detention, have increased the Depart- tors at Jefferson did just that. They made the dam government in Iraq is none other than ment’s need for detention bed space in recent most of their circumstances. The students who America’s strongest ally in the Middle East— years. came back for this reunion did not dwell on the State of Israel. The average daily bed space usage has what they lacked at Jefferson High School. As unbelievable as it seems, under a 35- more than doubled from 8,279 average daily They saluted teachers who took a personal in- year-old law written by Saddam’s Baath Party, detention beds in FY 1996 to 18,518 in FY terest, believed in them, and encouraged them Israel remains an enemy of the Iraqi State. 2000. Every year the Department of Homeland to excel. They recalled their formidable teams And any Iraqi who dares visit our ally Israel, Security arrests over 1.6 million aliens. in football and basketball and the musical tal- can expect the same criminal punishment now Immigration and Customs Enforcement has ent they produced. They recognized the val- being sought against Mr. Al-Alusi. 19,444 beds a night. But an average 22,500 ues instilled in them for a lifetime. A New York Times article published on Oc- detainees are in custody on any given day. When the alumni sat down for a banquet tober 6, 2004, described the situation this way: The lack of space has led to a $1.3 billion the last night of their reunion, the pride they In recent days, Iraq’s special criminal shortfall that must be made up in other areas felt at being ‘‘Jeffersonians’’ was easily felt court established by the American occupa- of the budget for Immigration and Customs and well-founded. Among the 400 attending tion authority issued a warrant for Mr. Al- Enforcement and detention. Alusi’s arrest based on the 1969 law. Accord- the dinner, there were graduates who had ing to the Oct. 4 issue of the Iraqi newspaper One of my concerns is the rise of the harm- risen to the highest levels of the Civil Service Al Sabah, a court official said, ‘‘AI-Alusi ful effects of the ‘‘capture and release’’ pro- and become department heads in state gov- committed a crime by visiting the enemy, gram. Brought on by a shortage of detention ernment; Ph.D.’s in the sciences and liberal the Zionist state,’’ and the official vowed ‘‘to space, the program allows immigration officials arts; college professors; school teachers; suc- protect the Islamic and Arab identity of to routinely release tens of thousands of illegal cessful entrepreneurs; attorneys; and many Iraq.’’ immigrants from countries other than Mexico more who had distinguished themselves. The Is this the new Iraq that we have sacrificed after extracting a promise from each to show banquet speaker, Roberta Wright, symbolized more than a thousand American lives to pro- up at a future detention hearing. their success. She finished Jefferson and went tect? A country that allows Israel to be labeled DHS officials acknowledge that more than on to become a Phi Beta Kappa graduate of as a Zionist threat, and whose courts, which 70 percent of those released disappear from Fisk University and the University of Michigan were established under our Coalition rule, are law enforcement’s radar, resulting in a fugitive School of Law. She made a stirring speech, now being used as a tool to inflame anti-Israeli population of 400,000 nationwide. Mexican mi- challenging everyone to do more for the com- sentiment. grants who are detained are deported and are mon good. It is a disgrace that as we shed American usually bused to a port of entry where they With the onset of integration in the early blood, and the blood of our allies to bring de- cross the bridge to Mexico. 1970s, Jefferson High School came to an end. mocracy to the people of Iraq, those who have Some 15,000 of these people (non-Mexican But the 3-day Reunion made clear that Jeffer- persecuted Mithal Al-Alusi remain in authority. migrants) are in communities in Texas in the son lives on in the lives it made better. Hun- Secretary Powell is reported as saying that last eight months. Nearly half of non-Mexicans dreds of the alumni attending attested to bet- he is looking into the outrage committed arrested since October 2003 were released on

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00090 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.448 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1957 the U.S. side of the border, according to De- and prosecutors with tools that have proven SPECIALTY CROPS partment of Homeland Security statistics re- their worth in other areas of criminal law and COMPETITIVENESS ACT OF 2004 leased last week to the Chronicle. So far this would be just as useful with commercial alien fiscal year, which began Oct. l, 2003, Home- smuggling operations. The result would be SPEECH OF land Security officials released from Border fewer deaths from alien smuggling operations. HON. CALVIN M. DOOLEY Patrol custody 21,979 of the 49,705 illegal im- Therefore, this amendment will address a OF CALIFORNIA migrants from countries other than Mexico, very clear need, and I support the amendment IN THE HOUSE OF REPRESENTATIVES known to the Border Patrol as OTMs. offered by the gentleman from Texas. As a member of the House Select Com- Wednesday, October 6, 2004 mittee on Homeland Security’s Subcommittee f Mr. DOOLEY of California. Mr. Speaker, I on Infrastructure and Border Security and rise in support of H.R. 3242, the Specialty Ranking Member of the House Judiciary Sub- PERSONAL EXPLANATION Crops Competitiveness Act of 2004, albeit with committee on Immigration and Border Control reservations about the scaled down version of I joined Mr. BONILLA and another of my Texas the substitute bill that comes before us today. colleagues, Mr. SOLOMON ORTIZ for a series of HON. MIKE McINTYRE When I joined Representative DOUG OSE briefings and field visits at the Brownsville bor- OF NORTH CAROLINA last year in introducing H.R. 3242, it was a der areas. IN THE HOUSE OF REPRESENTATIVES natural reflection of my longstanding interest in When Border Patrol (BP) officers catch un- a prosperous and competitive specialty crops documented immigrants, they take them to a Saturday, October 9, 2004 sector. facility to be processed. If they are Mexican, Mr. MCINTYRE. Mr. Speaker, on October 5, U.S. farm policy has long overlooked the im- they usually are placed on a bus and returned 2004, I was unavoidably absent for rollcall portance of specialty crops, despite the fact to Mexico. If they are not Mexican, BP classi- votes 494, 495, and 496. Had I been present that these non-subsidized crops account for fies them as ‘‘OTM’’ (other than Mexican). I would have voted, ‘‘no’’ on rollcall vote no. the majority of crop production in this country. Under a new detention policy popularly known 494, H.R. 163; ‘‘yes’’ on rollcall vote no. 495, Instead, U.S. farm policy has tended to focus as ‘‘catch and release,’’ thousands of OTMs H.R. 2929, and ‘‘yes’’ on rollcall vote no. 496, on so-called ‘‘program’’ crops, such as cotton, are released on their own recognizance pend- H.R. 5011. rice, sugar, peanuts, wheat, corn, oilseeds, ing a deportation hearing scheduled to be held feed grains, and others, which account for less months after they are released. Apparently, a f than half of domestic production. large percentage of the OTMs abscond in- H.R. 3242 was introduced not to bring fruits, stead of appearing for removal proceedings. EGYPTIAN SINAI BOMBINGS vegetables, tree nuts, and other horticultural I share many of the concerns that my col- products into the category of ‘‘program com- leagues SOLOMON P. ORTIZ and HENRY modities’’ but instead to focus federal attention BONILLA have expressed about border secu- HON. JOSEPH CROWLEY and resources on the problems facing this rity. The catch and release policy appears to OF NEW YORK segment of U.S. agriculture. The bill as intro- be the result of a lack of funding for detention IN THE HOUSE OF REPRESENTATIVES duced included various regulatory reforms as facilities. The security concern about the catch well as a modest level of federal dollars to in- and release policy is that it includes individ- Saturday, October 9, 2004 vest in non-market-distorting ways in the com- uals from nations the U.S. defines as state Mr. CROWLEY. Mr. Speaker, today I rise in petitiveness of the U.S. specialty crop sector. sponsors of potential terrorism. Before com- deep disgust to speak about the ghastly at- As the lead Democrat sponsor of H.R. 3242, menting on the catch and release policy, I tacks on three Egyptian Sinai resorts. however, I am very disappointed that the want to emphasize that immigration does not It should be obvious to all of us that these version of the bill that moved out of the House equate with terrorism. All but a few of the im- attacks were perpetrated because we are en- Agriculture Committee and is before us today migrants who enter our country unlawfully are tering the final days of the Jewish holiday of is significantly scaled down from the original hardworking people who are coming to the Sukkot. bill. In particular, the federal funding provided United States because they want better lives by this substitute bill has gone from a manda- for themselves and their families. The terrorists who committed these heinous tory spending level of $508 million per year for I favor the approach that Canada takes to attacks had one goal—that goal was to kill as five years, to a discretionary authorization of border security, namely, they emphasize iden- many innocent Israelis as possible. only $54 million per year that is further subject tifying the people who might be dangerous. The three terrorist attacks murdered at least to annual appropriations. We must improve intelligence operations so 29 people and injured scores of others but un- This is a far cry from the level of federal that our border patrol officers will be able to fortunately I fear the number of dead will rise commitment to the specialty crop sector that is separate out the potential terrorists. This in- as rescue teams search through the rubble. warranted. volves a two step process. We must first iden- The international community to the fullest Specialty crops have an annual farm-gate tify the potential terrorists, and then that infor- extent must condemn these attacks. value of $52 billion and receive no federal mation must be made available to the border It is time for the anti-Israeli elements within subsidies. Program crops, on the other hand, patrol officers. the United Nations to stop their one-sided res- have a farm-gate value of only $48 billion. Yet My colleagues SOLOMON P. ORTIZ and olutions and recognize that terrorism is a con- the program commodities received federal HENRY BONILLA have said that we need to in- tinuing threat to Israel and to the world. subsidies in the amount of $12–13 billion, the crease the number of immigration judges. The nations who continually work to pass equivalent of 27 percent of their farm-gate They believe that an increase in the number of these anti-Israeli resolutions within the United value. immigration judges will dramatically reduce the Nations General Assembly—must stop their This bill does not change the fact that pro- need for detention facilities. I agree that we rhetoric and instead do something to stop ducers of specialty crops receive no federal need more immigration judges. I also think these attacks. subsidy payments, and instead rely solely on that we need more Board Members for the the market for their income. No new federal Board of Immigration Appeals. Attorney Gen- These nations can no longer be content by price supports, direct payments, marketing eral Ashcroft removed 5 experienced Board sitting on the sidelines and criticizing the ac- loans, or counter-cyclical payments are cre- members a few years ago in a misguided ef- tions of the Israeli government to protect their ated in this bill. fort to increase the productivity of the Board. citizens. A serious federal commitment to this sector, My alien smuggling bill, the CASE Act, or Instead, it is time for these nations to help however, requires a serious level of federal H.R. 2630, will address one of the major im- the Palestinian people who seek a nation that dollars. pediments to gaining control over our borders. is not lead by corrupt leaders who support ter- The bulk of federal expenditures under H.R. The CASE Act would establish a three-point rorism. 3242 would go to a block grant program that program to facilitate the investigation and If these nations really want to see the suc- would distribute federal dollars to interested prosecution, or disruption, of reckless com- cess of the Palestinian people they will not states for research, marketing, promotion, and mercial alien smuggling operations that fea- only condemn these attacks, but they will fi- other competitiveness-enhancing programs for tures incentives, penalty enhancements, and nally begin to work toward ending terrorism their specialty crop industries. These funds are an outreach program. This three-point pro- and the attacks we see in the Middle East and designed to increase consumer awareness gram would provide government investigators around the world. and demand for specialty crop products and

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00091 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.453 E11PT1 E1958 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 otherwise strengthen U.S. producers’ ability to on this Nation and its people. While I agree on cisco’s Bayview District to work in the ship- supply a safe, nutritious and quality product to the prosecution of terrorists requires tools that yards. Vernon fostered jazz in the Bay Area both domestic and foreign markets. go beyond those available in our criminal jus- during the heyday of the Fillmore District and Unfortunately, the bill as amended dras- tice system, I believe that this amendment North Beach jazz scenes of the 1940’s and tically reduced the federal commitment to this goes too far. 50’s. block grant proposal, from $470 million in Specifically, this amendment denies pre-trial Vernon was as dedicated to fighting racism mandatory spending down to $44.5 million in release of terrorist suspects upon a certifi- as he was to his music. He singlehandedly in- discretionary spending. cation from the Attorney General. Denial of tegrated the San Francisco Musicians Union. During the Agriculture Committee’s markup pre-trial release would impede the ability of As chairman of the board of the black musi- of this bill, I attempted to restore merely half the wrongly accused from clearing their name. cians local, he fought for integration of the of the mandatory funds provided under the They would be hampered in their ability to se- City’s jazz clubs, luring most of the white mu- original bill for the block grant program. In lect and meet with counsel, to search for wit- sicians into his local, because they wanted to order to keep the legislation revenue-neutral nesses who could vouch for them, and collect play jazz in the swing clubs. As an accom- from a budgetary standpoint, I offered two their own personal documents and other ef- panist for Ella Fitzgerald, he fought the seg- separate alternative offsets—one based on a fects as evidence which could absolve them. regationist policies of the casinos of Las small, pro rata reduction in direct fixed pay- These concerns are not theoretical. We Vegas. ments to program commodity producers, and need only look to Oregon attorney Brandon A close friend of many San Francisco may- the other based on a bipartisan payment limi- Mayfield who was arrested in May as a sus- ors, he served for years on the San Francisco tations proposal pending in the Senate (S. pect for the horrific terrorist attacks in Madrid Arts Commission and the Human Rights Com- 667). last spring. Mayfield, a former U.S. Army lieu- mission. He was active in the City’s arts com- My amendment to finance the cost of a tenant, was detained for three weeks because munity and hosted two popular radio programs mandatory $220 million per year block grant authorities believed that his fingerprints were and a television show. His good friend, col- program for specialty crops would have re- found on evidence recovered in Madrid. Shod- umnist Herb Caen, whom he first showed duced the annual federal subsidies received dy practices were used to transmit Mayfield’s around town when Caen was a young news- by program crops by merely 1.7 percent. As a fingerprints by U.S. officials to Madrid. The paperman, often mentioned Vernon as a man percent of program crop gross income, this poor quality of those transmitted prints should ‘‘whose smile lights up the town, even on represents a 0.36 percent reduction. Yet even have precluded any positive identification. foggy days.’’ this minuscule reduction encountered strong However, the compulsion to catch the per- Vernon was inducted into the San Francisco resistance by those farm and commodity orga- petrators lead investigators to jump to the con- State University Alumni Hall of Fame in 1997. nizations benefiting from these federal sub- clusion that Mayfield, a Muslim, must have In 2001, when his health was declining, the sidies today. been involved. Only after good quality finger- San Francisco Jazz Festival put together a The inequitable distribution of federal ex- print data was transmitted to Madrid was Mr. 31⁄2 hour tribute called ‘‘The Legacy of Vernon penditures between program commodities and Mayfield cleared. Alley’’ that drew more than a thousand musi- non-subsidized specialty crops must be We need to pass responsible legislation that cians and friends. Later that year, an alley in changed. The United States can no longer af- will be effective in detaining those who seek to a redevelopment project was named ‘‘Vernon ford to short-change the majority of its crop harm this Nation. This amendment includes Alley.’’ producers who rely on market forces—not fed- some provisions that overreach this responsi- We will never forget our most beloved eral program payments—to drive their income. bility. jazzman. With a twinkle in his eyes, an infec- The fact that the current farm bill, enacted in f tious smile, a booming laugh, and his bass 2002, does not expire until 2007 is no excuse ‘‘Baby’’ in hand, he captivated us all. I hope it IN MEMORY OF VERNON ALLEY for not reallocating a small portion of federal is a comfort to his brother, Eddie, his longtime expenditures by less than 2 percent. companion, Loma Ruyter, and his nieces and Some of my colleagues seek to support the HON. NANCY PELOSI nephews that so many friends and fans share specialty crop sector without simultaneously OF CALIFORNIA their grief and are praying for them at this sad disturbing the enormous benefits enjoyed by IN THE HOUSE OF REPRESENTATIVES time. the program commodities. However, federal Saturday, October 9, 2004 f dollars are scarce resources and a more equi- APPLAUDING LOUISVILLE’S table distribution of these limited resources is Ms. PELOSI. Mr. Speaker, It is with great JEWISH HOSPITAL long overdue. I hope my colleagues will even- personal sadness and San Francisco’s deep tually agree. sorrow, that I rise to pay tribute to Vernon In the meantime, I urge adoption of this leg- Alley, the most distinguished and beloved jazz HON. ANNE M. NORTHUP islation today and hope that it will lay an effec- musician in San Francisco’s history, who OF KENTUCKY tive foundation for a stronger federal invest- passed away on October 3rd. Vernon honored IN THE HOUSE OF REPRESENTATIVES his beloved City by choosing to pass up play- ment in our specialty crop sector in future Saturday, October 9, 2004 years. ing in the big jazz cities of New York and Chi- cago to devote his life to enchanting and in- Mrs. NORTHUP. Mr Speaker I rise today to f spiring generations of San Franciscans. He recognize the incredible accomplishments of 9/11 RECOMMENDATIONS elevated our City with his music and his dedi- one my district’s premier hospitals in the field IMPLEMENTATION ACT cation to racial justice. of medical technology advancements. Jewish A lifelong San Franciscan, Vernon went to Hospital HealthCare Services is a regional SPEECH OF high school with Joe DiMaggio, where he be- network of more than 50 health care facilities came an all-star fullback. His interest in jazz providing services for Kentucky and Southern HON. SHEILA JACKSON-LEE began as a boy when his parents took him to Indiana residents. It has recently opened the OF TEXAS see jazz pioneer Jelly Roll Morton. He started doors of a ‘‘next generation’’ medical center, IN THE HOUSE OF REPRESENTATIVES his own group in the 30’s in the Fillmore. In Jewish Hospital Medical Center East, offering Friday, October 8, 2004 1940 he went to New York and joined the Lio- the region’s most advanced outpatient diag- The House in Committee of the Whole nel Hampton Band. Two years later, he be- nostic procedures and treatment options in the House on the State of the Union had under came a member of the Count Basie Orches- areas of outpatient surgery, endoscopy, gen- consideration the bill (H.R. 10) to provide for tra. der-specific medicine, diagnostic medical im- reform of the intelligence community, ter- Vernon Alley knew and played with the aging, cardiopulmonary services, rehab serv- rorism prevention and prosecution, border greatest jazz musicians and performers of his ices and occupational health. security and international cooperation and generation—Duke Ellington, Dizzy Gillespie, Earlier this year, Health and Human Serv- coordination, and for other purposes: Charlie Parker, Erroll Garner, Nat King Cole, ices Secretary Tommy Thompson announced Ms. JACKSON-LEE of Texas. Mr. Chair- Charles Mingus, Ella Fitzgerald, and Billie Hol- a legislative plan to electronically link health man, the protection of the Nation against ter- iday. records nationwide, part of President Bush’s rorist attacks is foremost on all of our minds. He returned to his beloved San Francisco in call for an electronic health record for every We all agree that we need to identify, detain, 1942. The music scene exploded in the 40’s American in the next 10 years. The aim is to and prosecute those who intend to inflict terror when African Americans moved to San Fran- make patient information available to several

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00092 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.458 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1959 physicians in multiple locations and to expand legislation on wind storms in the 108th Con- are imposed on the States as a result of this the capacity for monitoring disease trends and gress. I would also like to thank Congressman amendment. other indicators, as well as to facilitate re- NEUGEBAUER for working with me on this im- In August and September we saw the ben- search. portant legislation. efit of State and local government collabora- The benefit of linking medical records na- I would like to thank Representatives MARIO tion in the wake of the devastation caused by tionwide is clear: even when you are out of DIAZ-BALART, MELISSA HART, and WALTER the four hurricanes that caused so much dev- town and unable to reach your doctor or hos- JONES for working with me over the past three astation in Florida, Alabama, Georgia, and pital, the staff at any ER or medical facility will Congresses. I would like to thank Minority other southeastern states. This amendment have your medical history available at their fin- Counsel JIM TURNER of the House Science will help to strengthen those collaborations gertips. That can save valuable—possibly life- Committee and Brian Pallasch of the Amer- and help to extend the benefit to all States. saving time. It is the healthcare of the future, ican Society of Civil Engineers for working on f but it’s already happening in Louisville at Jew- this issue tirelessly over the course of the past 9/11 RECOMMENDATIONS ish Hospital. 5 years. IMPLEMENTATION ACT The electronic health records system in Almost 6 years ago, my hometown of Wich- place at Jewish Hospital Medical Center East ita, Kansas, was hit by a F4 tornado which SPEECH OF is now referred to as a ‘‘show-site’’ for medical plowed through the suburb of Haysville, killing technology. Accessing medical records, in the 6, injuring 150, and causing over $140 million HON. MARK UDALL OF COLORADO past, would take anywhere from 30 minutes to in damage. The devastation of this attack mo- IN THE HOUSE OF REPRESENTATIVES an hour. Now the process is instantaneous. tivated me to try to do something. And according to an HHS report, only 13 per- I put together a bill, my goal—to mitigate Friday, October 8, 2004 cent of hospitals and between 14 and 28 per- loss of life and property due to wind and re- The House in Committee of the Whole cent of physician practices have such comput- lated hazards. House on the State of the Union had under erized patient records. The Louisville facility is, I reviewed comments from the American consideration the bill (H.R. 10) to provide for indeed, ahead of the curve. Society of Civil Engineers, the National Asso- reform of the intelligence community, ter- rorism prevention and prosecution, border I applaud the efforts and advancements in ciation of Home Builders, the insurance indus- medicine pursued by Louisville’s Jewish Hos- security, and international cooperation and try, meteorologists, emergency managers, coordination, and for other purposes: pital and offer them up as a model of health academia, industry, and the manufactured care excellence for the nation. Mr. UDALL of Colorado. Mr. Chairman, after housing associations to fine-tune the legisla- the horrific attacks of September 11, Ameri- f tion. cans understand the significance and serious- NATIONAL EARTHQUAKE HAZARDS On May 4, 2003, almost 4 years to the day ness of the 9/11 Commission’s recommenda- REDUCTION PROGRAM REAU- after the deadly 1999 Kansas and Oklahoma tions. Developed in a bipartisan manner after THORIZATION ACT OF 2004 tornadoes, tornadoes touched down in metro long study and debate, the recommendations Kansas City and the surrounding suburbs, as (if implemented) would radically reorganize the SPEECH OF well as in many of my congressional col- intelligence community and unify government leagues’ districts, destroying property, killing efforts to prevent future terrorist attacks. Of HON. DENNIS MOORE and injuring our constituents. OF KANSAS course, once the depth of the failure of our in- These tornadoes did not check with Con- IN THE HOUSE OF REPRESENTATIVES telligence agencies became clear after 9–11, gress to see if they were hitting Republican or many of us recognized the need for such re- Friday, October 8, 2004 Democratic districts; they are truly an equal form. The question Congress asked the 9–11 Mr. MOORE. Mr. Speaker, I rise in support opportunity destroyer. This is not a Republican Commission to answer was—how? of H.R. 2608. Title I of the bill is the National or a Democratic issue; it is a human issue, We got an answer in the form of the 9–11 Earthquake Hazards Reduction Program Re- and it is a human tragedy. These windstorms Commission report. The Commission put forth authorization Act and Title II is the National destroy lives; I have seen it in my own district forty-one in depth recommendations to serve Windstorm Impact Reduction Act. Both of and know many of my colleagues have seen as a proposed blueprint for intelligence reform. these sections passed by the House sepa- it in theirs. While I believe Congress should not nec- rately earlier this year. f essarily rubber-stamp the Commission’s work, I want to acknowledge the leadership of Re- I also believe that we should honor the bipar- search Subcommittee Chairman SMITH and my 9/11 RECOMMENDATIONS tisan spirit of the Commission by working in a colleague from Washington, Mr. BAIRD, in in- IMPLEMENTATION ACT similarly bipartisan way to reach agreement on troducing and championing the National Earth- the best way to implement the recommenda- SPEECH OF quake Hazards Reduction Program. tions. The National Earthquake Hazards Reduc- HON. SHEILA JACKSON-LEE That is what has been so deeply dis- tion Program—often called NEHRP—was es- OF TEXAS appointing about the process in the House. While the Senate—through an open and delib- tablished 25 years ago to address the serious IN THE HOUSE OF REPRESENTATIVES seismic hazards in the United States. The pro- erative process—reached agreement on a gram has the primary goal of determining how Friday, October 8, 2004 substantive bill that reflects the views of both to lower the risk to people and to the built en- The House in Committee of the Whole parties, the Commission, and the families of vironment. House on the State of the Union had under 9–11 victims, the House has played shameful Most observers of NEHRP believe it has consideration the bill (H.R. 10) to provide for politics with intelligence reform. made many valuable contributions toward ad- reform of the intelligence community, ter- The Republican bill (H.R. 10) only fully im- vancing understanding of earthquake proc- rorism prevention and prosecution, border plements eleven of the 41 recommendations esses and in developing detailed information security, and international cooperation and of the 9–11 Commission, while it ignores coordination, and for other purposes: about the geographic distribution of earth- some of the most important Commission rec- quake risk. Ms. JACKSON-LEE of Texas. Mr. Chair- ommendations. For instance, it fails to give the Equally important, the program has helped man, I rise today to support this amendment National Intelligence Director sufficient author- to improve engineering design and practice for that will help to facilitate emergency prepared- ity over the budgets and personnel of intel- structures and lifelines suitable for earthquake ness between the Federal Government and ligence agencies. It fails to include a strong prone regions. the States. This amendment instructs the Di- National Counterterrorism Center. It fails to H.R. 2608 focuses on strengthening NEHRP rector of the Federal Emergency Management strengthen the Nunn-Lugar programs and by reinvigorating program leadership and by Agency to develop emergency preparedness other nonproliferation programs to secure nu- increasing program emphasis on transitioning compacts for acts of terrorism, disasters, and clear materials around the world. It fails to cre- the results of research to practice. emergencies throughout the Nation. Specifi- ate an integrated border screening system to When I first introduced Title II of H.R. 2608 cally, this will require the identification and cat- improve security at our borders. It fails to im- 5 years ago, I modeled it after the NEHRP aloging of emergency response capabilities prove communications for first responders. It program because of its success over the past from Federal-State collaborations and from the fails to create a government-wide Civil Lib- 30 plus years. Federal Government. It also shares examples erties Oversight Board to review the use of in- I would like to thank Chairman BOEHLERT for of best practices between responders at the telligence powers and address civil liberties following through on his promise to mark up State, local, and Federal levels. No obligations concerns. The list goes on.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00093 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.461 E11PT1 E1960 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 Meanwhile, the bill includes dozens of extra- reform and improve our security and intel- sources. The fight against hunger must target neous provisions that the Commission did not ligence structure. rural populations in developing countries. recommend and that are opposed by the The Houston area, of which I represent part The World Food Summit and the first Millen- Commission, families of 9–11 victims, human of, meets every single criteria for critical infra- nium Development Goal, MDG, aim to reduce rights and civil liberties groups, and some by structure terrorist targets—14 of 14—we are a the number of hungry by 2015. the White House itself. The provisions include perfect storm of terrorist targets. Texas shares Increasing a population’s productivity lends new authority allowing the President to com- about half of its borders with International in- itself to community development and access pletely undo the intelligence reforms passed terests—Mexico and The Gulf of Mexico— to resources. These resources can be used to by Congress, expedited removal of undocu- leaving us even more vulnerable and facing facilitate agricultural and educational pro- mented immigrants without judicial review, rev- some unique security needs. grams, which from people can learn and teach ocation of visas, exceptions to the UN Con- Houston and surrounding areas are ripe for themselves to grow. As a result, healthy vention Against Torture, and allowing the U.S. trade, are magnets for the petrochemical in- women are more likely to pass on these posi- government to spy on individuals without prov- dustry, have been thriving agriculture regions tive aspects to their children. ing they are connected to a foreign govern- and remain the center of activities for the en- In 1943, President Franklin D. Roosevelt ment or terrorist group, among others. ergy, banking and many other industries. We took the initiative to address concerns about These extraneous provisions aren’t just ob- have ports and airports large and small, world hunger. He assembled 44 governments jectionable because of their content—they are NASA, many tourist attractions, and an envi- in Hot Springs, VA, to establish a permanent objectionable because at a time when we ronment that invites businesses large and organization for food and agriculture. Two most need to think of country before politics, small. All these things make our area wonder- years later that assembly became the FAO— the Food and Agriculture Organization of the to find ways to come together to make our ful to live in but at the same time make it a United Nations. country safer, not ways to further divide us, higher potential target for terrorism and disas- Since its establishment in 1945, FAO has ters. Greater risk area because of our size, the Republican leadership is more interested committed itself to raising levels of nutrition, population, not only in urban core but also in in scoring political points than in passing re- improving agricultural productivity, for the bet- outlying areas geographically and population sponsible legislation. terment of people residing in rural areas. Each density. Even so, I am voting for H.R. 10 today be- year on October 16, FAO’s commemorates its H.R. 10 is about protecting our interests at cause I believe that we need intelligence re- founding with World Food Day (WFD). The home and abroad and protecting our way of form. This bill does not go far enough to pro- theme for 2004, ‘‘Biodiversity for Food Secu- tect the American people, but it is better than life. It would be irresponsible to not act. I’d like rity,’’ addresses biodiversity’s role in ensuring no reform at all. The good news is that the to take a few minutes to talk about a few pro- that people have sustainable access to Senate—by a 96–2 vote—produced a bipar- visions in this bill which I think are particularly enough high-quality food to lead active and tisan bill that should help strengthen the Sen- important: healthy lives, www.fao.org/wfd. ate’s hand (and the voice of reason) in the Taking serious action to strengthen our bor- More than 150 countries observe World conference committee. With the President ders—doubling border patrol agents—trippling Food Day. Numerous activities take place on supporting the Senate bill and every Repub- immigration agents. this day to promote awareness within the lican in the Senate voting for it, it seems to me To seriously restructure our intelligence United States. Examples of these are the that House Republicans’ misguided criticisms community and truly making the way we do World Prize Award Ceremony and Symposium of the bill in conference won’t carry much business more intelligent. in Des Moines; hundreds of WFD teleconfer- weight. Sending more targeted First Responder ence sites at colleges across America and at I am optimistic that the conference report grants to where the real threats are and sup- U.S. Embassies around the world; ‘‘Res- will more closely reflect the Senate bill. As 9/ porting the folks on the ground who are our taurants against Hunger’’ in New York, Wash- 11 Commissioners Thomas Kean and Lee own front line. Our colleges and community ington, DC, San Francisco, Los Angeles, Chi- Hamilton wrote in the Washington Post last colleges and first responders throughout the cago and Boston; 2204 CROP walks spon- month, ‘‘We should not wait until another [in- state and their ability to quickly respond to sored by Church World Service in some 2,000 telligence] failure takes place, until another local needs make our area an excellent model communities. Jacques Diouf, Director General commission has a task as somber as ours. for delivery of training. of FAO will keynote observances at the United We welcome refinements to our recommenda- Treating terrorists like terrorists and not giv- Nations in New York on October 18 and at tions through the legislative process. But the ing them free U.S. vacation visas and asylum. Howard University’s Law School on Tuesday, time has come to act.’’ Cracking down on terrorists—whether acting October 19. H.R. 10 is not the legislative refinement alone or state sponsored or some guerrilla re- While conflict and harsh climate—the more Commissioners Kean and Hamilton had in gime—knocking the wind from their sails and publicized conditions—often create hunger mind, nor is it mine. But it is a start. As the taking our country—our way of life—back. emergencies; chronic malnutrition claims the legislative process continues, I will do all I can We stand for freedom and democracy and majority of the lives lost in the battle against to help move the bill in the right direction. I terrorism targets these values—the things this hunger. The world possesses the capabilities hope my colleagues across the aisle will do nation hold most dearly. We need to act now to alleviate hunger. Lacking are stabilized gov- the same. At a time when our security is at to protect our families and our way of life. ernments in developing areas and proper dis- risk, Congress must set politics aside and f tribution of desperately needed materials, where it be food, medication, or equipment. pass intelligence reform legislation that will SUPPORT OF WORLD FOOD DAY truly make America safer. The U.S. Alliance Against Hunger is working f on the following: making hunger an election HON. BARBARA LEE issue, helping develop the International Alli- 9/11 RECOMMENDATIONS OF CALIFORNIA ance Against Hunger and encouraging busi- IMPLEMENTATION ACT IN THE HOUSE OF REPRESENTATIVES ness, religious and nongovernmental organiza- tions to build the public will to overcome hun- Saturday, October 9, 2004 SPEECH OF ger. HON. KEVIN BRADY Ms. LEE. Mr. Speaker, I rise today on be- The International Alliance Against Hunger, half of myself and Mr. PAYNE to recognize IAAH, assists in building national alliances OF TEXAS World Food Day on October 16. around the globe. These alliances composed IN THE HOUSE OF REPRESENTATIVES It is imperative to reflect on one of the of governments, international organizations, Friday, October 8, 2004 greatest problems facing humanity today, hun- civil society organizations and the private sec- The House in Committee of the Whole ger. Statistics show that close to a billion peo- tor work to raise public awareness about the House on the State of the Union had under ple around the globe suffer from the effects of 2015 hunger goal. Eighty-four countries have consideration the bill (H.R. 10) to provide for hunger and malnutrition. Sixteen thousand expressed interested in being part of this glob- reform of the intelligence community, ter- children die daily of hunger-related illnesses. al effort. rorism prevention and prosecution, border The United Nations Hunger Task Force esti- Individual governments must do more to in- security, and international cooperation and mates that, globally, 50 percent of hungry peo- dicate change of these staggering numbers. coordination, and for other purposes: ple are in farm households; 22 percent are the Bread for the World estimates, that Congress’ Mr. BRADY of Texas. Mr. Chairman, I rise rural landless; 20 percent are urban; and 8 bipartisan agreement increased poverty-fo- in strong support of this measure which would percent are directly dependent on natural re- cused development assistance by nearly 30

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00094 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.465 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1961 percent in 2003. The Millennium Challenge fense for International Security Affairs, has ventional warrants or wire taps. The unfortu- Account, MCA, has provided new hope to se- talked about the need to supplement our mili- nate inclusion of these and other extraneous lected countries. Sadly, appropriations for the tary might with ‘‘soft power’’—efforts to win the provisions threatens civil rights and civil lib- MCA have been cut in half in 2004 by the world’s hearts and minds with our values and erties and endangers the future of intelligence president’s request, and neither the President culture. Successfully exercising this type of reform. I look forward to addressing some of nor Congress is currently keeping the prom- power requires that we pursue many fronts, in- these issues during the amendment process ises they have made. These funds must be re- cluding international diplomacy, democracy- and urge conferees to reject any provisions sorted in order to make progress against building, cultural exchanges, economic devel- which would threaten the bipartisan, bicameral worldwide hunger. opment, educational initiatives and commu- response that the 9/11 Commission’s report In closing Mr. Speaker, we stand in full sup- nication about our values and ideals. requires. port of World Food Day and the efforts of the To win the ideological battle being waged in I am pleased that we will have the oppor- international community to end hunger the world today, we have to offer an alter- tunity to vote on a substitute offered by the throughout the world. native to the hopelessness and despair that gentleman from New Jersey, Mr. MENENDEZ, f the likes of Osama bin Laden and al-Qaida and I urge all of my colleagues to support its prey upon. There are millions of young people passage. The Menendez substitute is based 9/11 RECOMMENDATIONS in the Islamic world who are hungry for hope on the bipartisan McCain-Lieberman-Collins IMPLEMENTATION ACT and opportunity, and it is in our interest to legislation, which has the support of the 9/11 show them that hope lies in freedom, liberty Commission, the White House and families of SPEECH OF and democracy—not in extremism and hate. the 9/11 victims. This amendment addresses HON. JAMES R. LANGEVIN In doing this, we take a major step towards all 41 of the Commission’s recommendations, OF RHODE ISLAND ensuring that we win the long-term war on ter- and does so without adding controversial and IN THE HOUSE OF REPRESENTATIVES ror. divisive provisions that jeopardize the broad- As the 9/11 Commission so eloquently put based support the recommendations have gar- Friday, October 8, 2004 it: ‘‘We need to defend our ideals abroad vig- nered. The House in Committee of the Whole orously. If the United States does not act ag- I am deeply disappointed that the House House on the State of the Union had under gressively to define itself in the Islamic world, leadership has denied the minority a voice in consideration the bill (H.R. 10) to provide for the extremists will gladly do the job for us.’’ drafting this bill, and I urge my colleagues to reform of the intelligence community, ter- While H.R. 10 does not implement all of the support the Menendez substitute to correct rorism prevention and prosecution, border Commission’s recommendations in this regard, these problems. However, should it fail, I am security, and international cooperation and I am pleased that our nation is finally taking coordination, and for other purposes: confident that we will be able to improve this an important step toward bolstering its stature legislation in negotiations with the Senate and Mr. LANGEVIN. Mr. Speaker, I rise today in in the world. I am hopeful that the Conference the White House so that we may provide the support of this measure, not because I en- Committee will adopt stronger provisions from type of reform that the American people de- dorse all of its provisions, but because I be- the Senate bill regarding our efforts in Afghan- serve. lieve that Congress must act swiftly to reform istan, public diplomacy initiatives, educational f our intelligence community and to protect our and cultural exchange programs, and eco- homeland. nomic development initiatives. THE DEBT WE OWE OUR WOUNDED As a member of the House Armed Services With regard to domestic security, the meas- Committee, I believe H.R. 10 does not go far ure before us today takes some major steps HON. ADAM B. SCHIFF enough to establish a National Intelligence Di- forward. As recommended by the Commis- OF CALIFORNIA rector with real authority. I agree that we must sion, the bill calls for the creation of a stronger IN THE HOUSE OF REPRESENTATIVES provide the Department of Defense and our biometric entry-exit screening system, global Saturday, October 9, 2004 men and women in uniform with the military standards for security systems, a transpor- intelligence needed to be successful, an as- tation security strategy for all sectors, and im- Mr. SCHIFF. Mr. Speaker, in his 1917 sertion that 9/11 Commission Vice Chairman proved prescreening of airline passengers. poem, Disabled, the British poet Wilfred Lee Hamilton accepted even though it was not H.R. 10 also moves closer to a threat-based Owen, whose haunting verse brought the hor- specifically addressed in the report. At the formula for distribution of first responder ror of the First World War to millions through- same time, if we do not grant the NID true au- grants, an important change in the way we out the English-speaking world, described the thority over our intelligence assets, we run the fund state and local preparedness efforts. Un- loneliness and emptiness of a soldier who had risk of adding another layer of bureaucracy fortunately, the bill falls short of several critical lost his leg in war. that complicates, not simplifies, the challenges goals, among which are protecting privacy in Alone, in a wheelchair by a window, the sol- facing our system. information-sharing, ensuring spectrum and dier remembers all that he has lost and how Furthermore, I am disappointed that H.R. 10 equipment for public safety interoperable com- the cheers that accompanied his departure for is largely silent in addressing the threat of nu- munications, enhancing private sector pre- the front were not so loud upon his return— clear weapons proliferation. There is no great- paredness, and improving the way we track how er danger to our homeland than the possibility terrorist travel and financing. only a solemn man who brought him fruits of a nuclear weapon being smuggled into our Most disappointingly, H.R. 10 undertakes a Thanked him; and then enquired about his country by terrorists. Russia and many former number of controversial immigration modifica- soul. Soviet republics retain nuclear material that is tions not recommended by the 9/11 Commis- Today thousands of young Americans face not appropriately safeguarded, and the United sion and not found in the Senate legislation, many of the same challenges of the young States must lead an international effort to which passed earlier this week by a resound- amputee in Owen’s poem. Thanks to vastly track down, lock up and destroy those poten- ing vote of 96–2. The inclusion of these divi- improved battlefield medicine and body armor, tially deadly weapons. Unfortunately, an sive sections will likely slow down the upcom- fewer of our troops in Iraq and Afghanistan die amendment offered in committee by the gen- ing conference and delay implementation of from their wounds than in any of America’s tlewoman from California, Mrs. TAUSCHER, and the many beneficial parts of this legislation. previous wars. But this improved survival rate the gentleman from South Carolina, Mr. One worrisome provision of H.R. 10 strips does not come without a price: Thousands of SPRATT, was blocked from consideration. from the courts their traditional judicial over- young Americans are returning home para- On a more positive note, this legislation ap- sight in many immigration cases and may re- lyzed or without limbs. More than 7,000 Ameri- propriately recognizes the need to enhance quire automatic deportation of noncitizens, cans have been wounded in Iraq according to our human intelligence capabilities and cre- even if they will face torture in the country to the Defense Department and many hundreds ates a national counterterrorism center to co- which they are sent. Not only is this provision more have been wounded in Afghanistan. ordinate interagency intelligence efforts. a violation of the International Convention Last month, when I visited our troops in I am also heartened that H.R. 10 heeds the Against Torture, it is morally unacceptable and Iraq, I spent some time at a military field hos- Commission’s call to enhance America’s risks further damaging America’s image in the pital near Baghdad. It was a deeply moving image in the world and prevent the rise and world. experience to confront the costs of war. Two recruitment of future terrorists. Dr. Joseph In addition, the bill expands the use of se- weeks ago, I shared with this House a discus- Nye, the former dean of the Kennedy School cret intelligence court orders, which can be sion I had had with two young Marines whose of Government and Assistant Secretary of De- issued under a far lower standard than con- armored Humvee had been blown up by a

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00095 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.469 E11PT1 E1962 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 roadside bomb. Nearby there was another sol- 5057, which will expand the Army’s innovative Congress. She was a policy consultant/writer dier whose spine had been severed by shrap- Disabled Soldier Support System to all of the for President Carter’s National Advisory Com- nel. He was unconscious when I was there, military services. The bill was introduced by mittee for Women (1978–79) and co-authored but his doctor told me that he will be a quad- my colleagues, Mr. RUPPERSBERGER, Mr. the official report of the committee’s Houston riplegic for the rest of his life. HOYER, and Mr. JONES, and enjoys support on conference. She also co-authored Gender We have asked so much from the young both sides of the aisle. The DS3 program has Gap: Bella Abzug’s Guide to Political Power people we send into battle and they have the helped more than 200 severely wounded sol- for American Women (1984); Women and right to expect that if they are wounded that diers to adjust to their new lives, but there are Government: New Ways to Political Power we as a nation and as a people will be there thousands more who need help. (1994), and Women’s Foreign Policy Directory for them. That is the covenant that we have We must also rely on the generosity of the (1988). In 1990 she co-founded Women’s En- made with them. American people to help wounded soldiers. vironment and Development Organization with The vast majority of our most severely Local communities, service clubs, religious Bella, and remained involved with WEDO until wounded will receive cutting-edge medical congregations, schools and individuals can her death. Mim leaves her beloved husband, care; many will convalesce right here in the pitch in to help new veterans. Medical profes- Harry, two daughters, Karli and Laura, and Washington area at Walter Reed or the Be- sionals, social workers, and therapists can vol- five grandchildren. thesda Naval Hospital. During my visits to unteer to help until we can get the VA medical Many people spoke movingly at a memorial Walter Reed I have been impressed by the system into shape. Contractors can donate service held for Mim on August 17, 2004, and work of the doctors, nurses and therapists their services to remodel homes for soldiers I have already included some of their tributes who are doing a marvelous job for the troops who are paralyzed or have lost a limb. Auto- in the RECORD. To honor Mim’s memory, I am pleased to offer some additional statements there, many of who stay for months as they mobile dealers can donate vehicles that are given that day: recover from their wounds and begin a new modified for the needs of their new owners. Robin Morgan: ‘‘I wrote down a few life—often with prosthetic limbs. Students can volunteer their time to run er- thoughts, because I could almost hear Mim Many of the troops who are treated at Wal- rands, do laundry or just visit with these he- ter Reed or Bethesda are discharged from the saying, ‘‘Don’t wing it,’’ and adding, ‘‘Quote roes, many of whom are only a few years me every chance you get.’’ military shortly after leaving the hospital. As older than they are. When Harry kindly asked me to say a few they continue their recovery most of these Mr. Speaker, no American who has served words today, the first thing I thought of was former soldiers will still require medical treat- this Nation in the armed services and been Mim’s lifelong love affair with words. Others ment, physical therapy, and counseling. Some grievously wounded should ever be left to have noted—as history will—the many details will need care for the rest of their lives. stare out a window and dream of a life that of her early, continued, consistently principled For many veterans, especially the severely could have been. We are a stronger, prouder life, starting with political engagement even as wounded, navigating the labyrinthine bureauc- and more grateful nation than that. a young girl and intensifying across the dec- racy of the Department of Veterans Affairs is f ades: the social-justice and labor and civil a frustrating challenge in itself. Yet, even as IN HONOR OF MIM KELBER rights and peace and feminist and environ- the VA is taking on thousands of newly dis- mental organizations she founded, cofounded, abled veterans, the largest such group since and participated in with never-lessening com- Vietnam, three VA hospitals are slated for clo- HON. CAROLYN B. MALONEY mitment—and always more than slightly ahead sure, while another eight will be partially OF NEW YORK of the curve. closed. IN THE HOUSE OF REPRESENTATIVES Of course, just as it was difficult to speak of The backlog of disability claims is growing Saturday, October 9, 2004 Bella Abzug without speaking of Mim, so the and now exceeds 330,000, while the backlog reverse is true. They met in the 1930s: young of veterans claims pending before the Board Mrs. MALONEY. Mr. Speaker, I rise to pay girls in high school. As Mim herself wrote: of Veterans Appeals has nearly doubled in the tribute to Mim Kelber once again. When Mim ‘‘Bella was class president and already a fear- last four years. Even though it now takes the passed away this summer, we lost a woman less leader, and I was shy and hung out in the VA about 160 days to process a claim—more whose clear vision and verbal acumen helped library. She was an active young religious Zi- than 5 months, the Administration wants to cut change the world. A brilliant writer, Mim used onist—I was an atheist marching in radical 500 claims processors in FY 2005. her facility with words to inspire supporters of May Day parades.’’ Later, they were both in I see no reason why, at a time when we the feminist, labor and environmental move- the first class to enter tuition-free Hunter Col- should be adding to the VA’s 162 medical fa- ments, among others. lege’s new Park Ave. building where—Mim’s cilities, we are shutting them down. In a sur- Mim became friends with Bella Abzug when words again: ‘‘Bella majored in political vey released in March of last year by the they were still in high school, and they at- science and was president of the Student American Legion, patients wait an average of tended Hunter College together. At Hunter, Council—I was a journalism major, news edi- seven months to see a primary care physician Mim became editor of the Hunter Bulletin tor of the Hunter Bulletin—and still shy.’’ Over at VA facilities and more than half reported while Bella was elected president of the stu- their lifetimes, Mimi and Bella loomed as gi- that they had an appointment postponed by dent body. From 1943 to 1955, Mim was na- ants in virtually every progressive movement the VA, with an average wait of an additional tional news editor and Washington Bureau of the time and—with all due respect to their 21⁄2 months. Chief of Federated Press, a national syn- beloved husbands (Harry; and the late Mar- When they finally receive care at VA facili- dicated labor news service. She covered the tin)— they were like a 20th-century version of ties, some of our veterans receive sub- founding meeting of the United Nations in San a ‘‘Boston marriage’’: joined in political cre- standard care. In April of this year, an ABC Francisco, and the labor movement, as well as ativity and dedication, their relationship illumi- News aired investigation of two VA facilities in Congress and the White House. She was an nated by laughter, trust, incredibly hard work, the Cleveland area, found dirty bathrooms, editor/writer for Science and Medicine from dauntingly long hours, the familiarity and abil- halls filled with dirty linens, unclean examina- 1958 to 1970, leaving that position after Bella ity to finish each others’ sentences, HUGE tion rooms, and memos discussing broken was elected to Congress (1971–78). fights, and makings-up. In sum, a lasting polit- sterilization machines. Former patients spoke Mim served as Bella’s executive assistant ical and personal dynamic duo, an historic— of insensitive staff who often ignored patient and chief speechwriter, co-edited Bella’s Con- and certainly odd—couple. It’s no exaggera- needs; one woman spoke of patients begging gressional newsletter and was her policy ad- tion to say that they were the Elizabeth Cady for food and water. viser on women, foreign policy, urban affairs Stanton and Susan B. Anthony of our time. As bad as conditions were before, they are and civil liberties. Family life was always of Personally, I never fully realized, just how likely to be worse now as the influx of wound- paramount importance to Mim, and she in- challenging it had been for Mimi to write ed from Iraq grows. In August alone, more sisted on working out of Bella’s New York of- speeches or statements for Bella—for years— than 1,100 U.S. troops were wounded. fice, so she could remain in her Brooklyn until I tried it for the first time myself. I just The treatment of those wounded in battle is apartment with her husband, Harry Kelber, a about killed myself, draft after draft, revision a good measure of a nation, and Congress, labor journalist and educator, and their two after revision. Finally, Bella approved the text. and the president must take corrective action daughters. ‘‘It’s OK,’’ she shrugged, ‘‘but it sure ain’t now. I realize that fixing a problem of the mag- In 1974, Mim chaired the Media Committee Mimi.’’ nitude of that facing our veterans cannot hap- of the National Women’s Political Caucus and Nor were speeches all Mim penned, with pen overnight, but we can begin now. The directed a national media campaign, Win With and for Bella—but also on her own. Books. Ar- House should do is to pass immediately H.R. Women, a major effort to elect more women to ticles. Manifestos. Reports. Position papers.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00096 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.472 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1963 Drafts of legislation. Journalism and analysis phone, every time we were together. Brilliant gress for a Healthy Planet. There, the partici- and rousing rhetoric. Always intelligent, well- and precise, she was a great journalist, a pants formulated and adopted the Women’s crafted, powerful. ‘‘Power,’’ Mim once wrote to splendid organizer, a peerless leader, a car- Action Agenda, a comprehensive global vision me, ‘‘is a word for which women should never ing, considerate teacher, a warm and gen- that articulated women’s leadership and em- apologize.’’ It was one of many words she erous friend. powerment as catalysts for change. loved, in a life passionately dedicated to ideas Perhaps best known publicly as Bella Women’s Action Agenda was a direct chal- and the language for expressing them. My Abzug’s partner during and after the congres- lenge from the world’s women to government only regret is that the world’s sufferings and sional years, she was for most of us the per- officials, the UN, and the World Bank to shape her resolve to alleviate them left too little time son to consult with on the most difficult ques- the official Rio platform and subsequent global for her to write all the novels that shy girl in tions of political strategy on war and peace, policy documents. To lobby for this com- the library had dreamed of writing. women and policy. prehensive agenda, WEDO established the Because her passion was not confined to One depended on Mim, who never asked Women’s Caucus, bringing together women politics, Mim was one of two or three Amer- anything for herself. Wise, discerning, in- from North and South, East and West, in a ican political activists I have ever known to formed, Mim was above all a great writer and systematic and participatory mechanism for read serious literature—even poetry, even editor. She turned the most difficult issues into bringing women’s experiences and voices into contemporary poetry—for pure pleasure. We the clearest arguments, the most vivid para- UN processes. The results were extraor- sometimes snuck away for a quiet coffee at graphs. dinary—a whole chapter devoted to gender various conferences, and could be seen whis- She did not (so far as I know) finish her equality and, for the first time, formal recogni- pering secretly, almost guiltily, in corners. book, Women and War, but Harry, her de- tion of women’s central role in achieving sus- Were we discussing conference takeovers, voted husband, beloved ally and champion, tainable development. purges, devious amendments? No. We were also our guide, gave us the gift of her publica- By the time I joined WEDO in the fall of talking about Milton and Donne and Seamus tions, The Bella Abzug Reader, and also her 1999, more than a year after Bella’s death, the Heaney; about Kafka, Mann, the Brontes, novel, A Pride of Women. burden and responsibility for ensuring the on- Mary Shelley, Aphra Behn, Hawthorne, Wolfe, We will miss her every day, and have for- going work of the organization had fallen to a Twain, Faulkner—and especially and always, ever the legacy of her bold vision, her stead- very committed core of the Board of Directors Mim’s greatest favorite, Jane Austen. That fast commitment to goodness, justice, environ- and the staff—all of whom were guided on a taste for understatement was reflected in mental sanity, and complete respect and love day to day basis by Mim. But Mim was al- Mim’s own sharp wit—which was sometimes for the people she loved, all the people of ready experiencing severe hearing loss and so dry it could pucker. She could get de- earth. other physical ailments. And the world, too, pressed, yes, and be bitter, too—at the state June Zeitlin: ‘‘I had the good fortune to work had changed—despite her great and steadfast of the world, at stupidity, cruelty, cupidity, vio- with Mim over a period of almost 30 years— faith in the United Nations, she kept saying— lence, hypocrisy, and at, as she growled once, first, as a young lawyer working in Bella’s ’’We have so many words on paper—we don’t ‘‘A bit too much so-called pragmatic com- Congressional office in Washington. We would need any more words—we need actions!’’ But promise.’’ But her anger and even, at times, always send our statements up to New York she herself was unable to join in the ‘‘actions’’ despair was rooted in a brilliant grasp of his- for Mim to look at—I didn’t know her well then which left her deeply frustrated and sometimes tory, and a too-rare capacity for irony. This but I knew the work better be up to her high discouraged. surfaced again during the one of the last con- standards! Yet Mim was a giant—we have all drawn in- versations I had with her, when she was in the Inside the Carter Administration, I watched spiration from her lifetime commitment to ac- hospital. We were talking by phone about the Bella and Mim and others transform the Na- tivism and her prodigious work. We have lost framers of the Constitution, and I made a tional Commission on the Observance of Inter- several of our giants in recent years—Bella, passing reference to the familiar quote of Abi- national Women’s Year into a radical force for Patsy Mink, earlier this year Millie Jeffries, and gail Adams to her husband John, to ‘‘remem- change. We still cherish its publications, which now Mim. As she wrote in her novel, ‘‘God- ber the ladies.’’ Then, out of nowhere—or, Mim not only wrote but infused with such far dess help me!’’ But these were women and rather, out of pain, fragility, and that fading ranging ideas, we could go back to them Mim was a woman ‘‘who would never give up memory we’re all prone to—Mim sighed, today. and never give in.’’ We at WEDO will continue ‘‘Yeah, but,’’ then suddenly snapped back with Their active involvement in international their work and their fight—and make it our John Adams’ far-too-little known response to women’s year activities and the nascent global fight—and we are committed to never give up Abigail’s plea: ‘‘Depend upon it we know bet- women’s movement led Bella and Mim to and never give in until we have achieved a ter than to repeal our masculine systems.’’ focus more of their attention on both US for- peaceful and healthy planet with human rights In a culture cheapened by relentless com- eign policy and global policy in general. See- for all.’’ mercial cheer and prone to instant, superficial ing that it was mostly men who were making Mr. Speaker, I ask my colleagues to join me fixes and fake spiritual grace, her acerbic intel- foreign policy and the policies that even at that in celebrating the life of Mim Kelber, a remark- lect was bracing in its integrity. Even when time weren’t working so well (at least if you able woman whose words will continue to in- discouraged, though, she never stopped push- were female or happened to be poor), they spire future generations. ing boundaries throughout her rich, full, con- formed the Women’s Foreign Policy Council to f sistently principled life. Perhaps because she show the news media and foreign policy com- had already been a fierce, uncompromising munity that there were many women with ex- ARMY 1ST LIEUTENANT TYLER atheist when so young, she knew early on that pertise to draw on as well. BROWN there was no need to hope for any better Mim and Bella saw the 1990s and particu- heaven—and no need to fear any worse larly the Earth Summit at Rio as an oppor- HON. PHIL GINGREY hells—than what life itself offers. So she delib- tunity to bring women—with their unique and OF GEORGIA erately faced into it and lived it utterly, in all diverse experiences, perspectives and voices IN THE HOUSE OF REPRESENTATIVES to the critical issues of war and peace, envi- its bleakness and all its glory. About this Mim Saturday, October 9, 2004 was never shy. ronmental degradation, social and economic She leaves a trail of light behind her, for us justice and of course women’s rights. To- Mr. GINGREY. Mr. Speaker, I rise this to read by and see our way by, in her political gether, they founded a new organization—the evening to pay homage to the life of a fallen legacy, and in her cherished, well crafted Women’s Environment and Development Or- American hero, U.S. Army 1st Lieutenant Tyler words. ganization—WEDO and We Do! Hall Brown of Atlanta, Georgia. Lieutenant Our deep gratitude to Harry, their daughters, This is not an organization about the envi- Brown was killed by sniper fire on September and the rest of her family, for having shared ronment in the traditional sense. To Bella and 14, 2004 in Ar Ramadi, Iraq, a town 70 miles Mim Kelber with us—and with history.’’ Mim, it was the planet! And their goal was a west of Baghdad. Tyler was leading his unit Blanche Wissen Cook: ‘‘Modest and too peaceful and healthy planet and human rights on a reconnaissance patrol in the Iraqi town often anonymous, Mim Kelber had the best for all. Joining with amazing women leaders when he and his unit were ambushed by in- ideas, wrote the best speeches, the most from around the world—Wangari Mathai, surgents. He was a heroic leader to his men searching essays, the most valuable political Peggy Antrobus, Vandana Shiva, Chief Bisi even until his passing as he, though mortally analyses. Ogunleye, Thais Coral and many others, they wounded by the sniper’s shot, was able to Mentor and guide, I learned something im- brought 1500 women from 83 countries to give a warning to his men, preventing any oth- portant from Mim every time we spoke on the Miami in 1991 for the World Women’s Con- ers from being injured.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00097 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.476 E11PT1 E1964 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 His fellow officer, Captain Daniel M. Gade and the medals that had been earned by the operates a respected successful business, has considered Lieutenant Brown one of the finest ultimate sacrifice were placed into the hands educated its children and grandchildren, and officers he’d known, saying that he was an in- of his father. Steve, as the video pictures reflect, is a per- sonal friend of Senators, Congressmen and spirational leader, both on and off the field of The heavy rain that fell down that day was other government leaders—the American battle who during numerous enemy contacts, fitting to the somber mood created by this dream coming true. was calm, leading his men with bravery and loss. Tyler Brown was a young man, a son, a Second, the story illustrates the unique aplomb. He loved his men, and they loved him brother, a friend, an officer, a leader who left glory of this wonderful country which takes, in return. this world with so much potential and so much in the words on the Statue of Liberty, ‘‘the That is how Tyler lived life, a born leader, a ahead of him. tired, the poor, the wretched refuse of a born officer that had a passion for people and His brother Brent said that Tyler ‘‘died for teeming shore’’ and offers them the golden a passion for life. His leadership qualities were the country he loved, doing what he wanted to opportunity to enjoy freedom and to use identified early. While President of his high their talents and energy to be whatever they do. He lived well and died a hero. He lived life can be. school senior class at Woodward Academy, to the fullest, he truly did. He became a role Hillel said: ‘‘Do not separate yourself from his classmates considered him a politician in model to me.’’ the community. Be involved and be a part of the making; patriotic, red, white and blue to Mr. Speaker, Tyler Brown in his life and in the community.’’ Steve is the paradigm of the core; and figured he could even become his death has become a role model to me, a Hillel’s concept. President of the United Stated some day. role model for all of us. I salute his service to Steve is in numerous Jewish organizations, After high school, Tyler proudly followed in our nation, the love he showed to his family not just as a member, but as an active, in- the footsteps of his father, Carey and his older and all those with whom he came into contact. volved leader. I will tick off a few: brother, Brent to Georgia Tech, which is my First, naturally, I will mention AIPAC— We know that he is in a better place now and Steve is on the National Executive com- alma mater. At Georgia Tech, Tyler served as pray this knowledge will provide some meas- mittee and the Houston Advisory Council. President of the Student Government Associa- ure of comfort for his family in the days ahead. He also has served or currently serves on tion for the 1999–2000 academic year, a posi- Mr. and Mrs. Brown along with the entire the board of directors of these organizations: tion that his father had also held while in Brown family are to be commended and hon- The Republican Jewish Coalition; school. His hard work, dedication, and com- ored for their sacrifice and my thoughts and The Jewish Institute for National Security mitment to inclusion inspired fellow students to prayers remain with them as they endure this Affairs (JINSA); become more involved on campus and to get difficult time. The Institute of Hebraic Christian Studies; the most out of their college days. Tyler grad- State of Israel Bonds (Steve has been f President of the Prime Ministers Club); uated in 2001 with dual Bachelor of Science Ben-Gurion University of the Negev; degrees in management and in history, society TRIBUTE TO STEVEN J. Congregation Beth Yeshurun; and technology. Commissioned from the FINKELMAN. Holocaust Museum of Houston (Steve has ROTC program at Georgia Tech, he earned served on the Board of Directors or Advisory paratrooper’s wings and completed the rig- HON. JOHN ABNEY CULBERSON Board since the inception of that organiza- tion); orous Army Ranger training course before OF TEXAS joining the Army’s 1st Battalion, 9th Infantry Anti-Defamation League; IN THE HOUSE OF REPRESENTATIVES Regiment, 2nd Infantry, based at Camp Hovey Jewish Federation of Greater Houston; Saturday, October 9, 2004 Camp Young Judaea; in Tongduchon City, Korea. University of Texas at Austin Hillel. Tyler was among 3,600 troops of the Army’s Mr. CULBERSON. Mr. Speaker, on May 2, I could go on, but that gives you the idea. 2nd Infantry Division deployed to Iraq in early 2004, Steven J. Finkelman received the Steve has won awards from the Jewish September from South Korea. He had only Southwest Achievement Award from the Federation of Houston, Hillel, State of Israel been in Iraq 2 weeks when he was killed. American Israel Public Affairs Committee, and Bonds, and Yad Vashem, the Holocaust Mu- Tyler had been approved for service in the I am proud to memorialize here in the CON- seum in Israel. He spent a year studying and working in Army’s famous 3rd Infantry Regiment, known GRESSIONAL RECORD the accolades Steven re- Israel. He’s been to Israel 16 times. as the Old Guard, one of the oldest and most ceived as he accepted this prestigious award. respected Infantry Regiments in the United A tribute to Steve would not be complete Steven is a devoted father and husband, and without also paying tribute to Sandra—his States Army. The Old Guard has the respon- he is equally devoted to his community and wonderful partner of almost 17 years. Steve sibilities of guarding the Tomb of the Un- his country. He has devoted countless hours and Sandra share not only community prop- knowns at Arlington National Cemetery, serv- of his life to preserve, protect and defend the erty but also a heart-felt appreciation of the ing as the Army’s ceremonial unit and, as an United States of America, and he under- American dream, a profound dedication to active and well-trained Infantry Regiment, the stands, as I do, that America’s strongest ally the security of Israel, and a deep commit- 3rd Infantry is also responsible for the protec- in our war against terrorism is the State of ment to Jewish values. In the latter connec- tion, their three children all attended Jewish tion of Washington, DC. Israel. Instead of accepting this prestigious assign- day schools and all attended Young Judaea Here again tonight I want to record my im- summer camp. ment he chose to go to Iraq with his men. mense pride in Steven’s achievements and my For all these reasons, AIPAC is proud and That decision exemplified his life, putting the gratitude to him for all that he has done to im- honored to present its Southwest Achieve- good of others in front of his own interests. prove the lives of our neighbors in Houston, ment Award for 2004 to Steve Finkelman. On September 28, Tyler finally was joined and for his tireless work to promote the prin- with the Old Guard as they escorted him to his ciples of individual freedom grounded in faith STEVEN J. FINKELMAN—RESPONSE FOR AIPAC final place of rest with full military honors in and self reliance that have America the great- SW REGION DISTINGUISHED LEADERSHIP AWARD Arlington National Cemetery. He was post- est and most prosperous nation in the history humously awarded a Purple Heart, a Bronze of the world. Thank you, Melvin. Receiving this award from you makes it even sweeter! Star, and the Combat Infantryman Badge for Congratulations Steven, on receiving his heroic service. Friends! I am filled with humility and AIPAC’s Southwest Region Distinguished gratitude for being chosen as a recipient for I had the privilege of being present at his in- Leadership Award for 2004. No one deserves terment and to pay respect to a young man this award. I have so much respect for this high honor more than you do. I am AIPAC and for it’s vital mission to support who in only 26 years had made a difference pleased to memorialize here in the CONGRES- the U.S.-Israel relationship. Being recog- and touched more lives than many do in their SIONAL RECORD my own congratulations, your nized by AIPAC, therefore, means so much to entire life. As the bugler began to play taps speech as you received the award, and the el- me. and the honor guard fired a rifle volley salute, oquent words of our good friend Melvin Dow When I heard Joy’s beautiful rendition of the national anthems earlier this evening, I I couldn’t help but look around at some of as he introduced you. those lives who stood beside me and see the didn’t hear two separate songs, rather two AIPAC PRESENTATION TO STEVE FINKELMAN heaviness in their hearts and the sadness in verses of the same song. their eyes, but I could tell we were saying The video mentioned that Steve is the In my mind, love for the United States and child of a Holocaust survivor. That fact love for the State of Israel don’t compete goodbye to a truly special individual. sends two messages about this presentation with one another; they compliment each My heart went out to the Brown family, a to Steve. other. proud American family giving so much to their First, it is a tribute to Steve’s family that Memory can be fickle and in the whirlwind country, as the flag that draped Tyler’s coffin one generation arrives in this country with of current events and competing interests, it was folded and presented to his mother, Sally, nothing, and a generation later the family is easy to forget the fundamentals. No one

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00098 Fmt 0626 Sfmt 0634 E:\CR\FM\A09OC8.481 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1965 does a better job keeping us focused than IN CELEBRATION OF THE HAMP- have utilized VA healthcare services, 12 per- AIPAC. TON HIGH SCHOOL CRABBERS cent presented symptoms related to psycho- Tonight, I am inspired . . . 700TH VICTORY IN FOOTBALL logical trauma. It is estimated that more than Inspired by the incredible dedication of 25 percent of troops returning from Iraq are people whom I have met through my involve- HON. ROBERT C. SCOTT being examined for mental health concerns. ment in politics . . . grassroots activists, OF VIRGINIA These are startling statistics and dramatically elected officials, candidates—all of you have IN THE HOUSE OF REPRESENTATIVES demonstrate the need for more mental health my deepest admiration. services. Saturday, October 9, 2004 Inspired by our Christian Zionist friends We must concern ourselves that many sol- Mr. SCOTT of Virginia. Mr. Speaker, along who mean so much to me and who have diers find it difficult to obtain treatment or fail with my colleagues, Representative JOANN opened their hearts to Israel and to the Jew- to seek help because of the stigma attached ish people. DAVIS and Representative ED SCHROCK, I rise with great pride to call attention to a group of to mental illness due to a lack of sensitivity. Inspired by the words we heard earlier this young students who have distinguished them- Just look at our jails and our homeless popu- evening from Sen. John Cornyn and the lation. Our communities and our social service members of our local Congressional Delega- selves, their school, their community, and the Commonwealth of Virginia. system are affected, yet we refuse to admit a tion, who prioritized their schedules to be problem exists. here tonight. And by all the other elected of- The Hampton High School Crabbers football ficials who have joined us here tonight as team won their 700th game last night. By I am also deeply troubled and concerned, well. doing so, the Crabbers became one of only 11 as are many women Members of Congress, Inspired by our wonderful Houston Jewish high school football programs in the Nation to with our returning women soldiers who may Community and the professionals and lay reach 700 victories. This is a remarkable feat have been exposed to the traumatic experi- leaders with whom I have the privilege of and I believe they deserve formal recognition ence of sexual assault. For example, a horren- working. Each organization plays an impor- for their accomplishment. dous 8 percent of female Gulf War Veterans tant role in the totality we call Klal Yisrael. Hampton High School began playing football experienced an attempted or completed sex- Inspired by a strong spiritual attachment in 1899, so the legacy of this milestone ex- ual assault during deployment. The PTSD to Judaism. My faith and the values that de- tends to the hundreds of players who have from sexual assault is just as harmful as com- rive from our rich heritage are the worn the Crabber uniform and to coaches bat related PTSD. This must cease imme- underpinnings for my political activism. such as Mike Smith, Dick Esleeck, James diately. ‘‘Suey’’ Eason, and Johnny Palmer. Coach I want to thank Relda for sharing this In the past three decades, the Veterans’ Ad- Smith has been head coach for more than half honor with me. And to the entire AIPAC ministration has taken great strides toward staff who worked so hard on this event. of the Crabbers’ 700 wins, and has been a part of more than 400 victories. better mental care services for men and As a Holocaust survivor, my father’s leg- women, and there is now a better under- My colleagues JOANN DAVIS, ED SCHROCK, acy to me is the sacred duty to remember and I would like to extend our enthusiastic standing of PTSD because of research con- those who did not survive. My mother, of ducted through the VA health system. More blessed memory, was an example of unending congratulations to the Hampton High School players and their families, Coach Smith and remains to be done. Twenty-five years ago, endurance and inner strength, and my moth- the VA offered no PTSD services, no Vet Cen- er-in-law’s zest for life is very special to me. the rest of his coaching staff, Hampton High alumni, and the entire Hampton High commu- ters, no homeless services. Today these serv- Sandra and I have been blessed with three nity for their remarkable accomplishment. ices exist though limited. However, many vet- wonderful children—Jordan, Seth and erans will not benefit from these services be- Marissa. They have learned to cope with the f cause of a lack of access. There are just not evenings that both Mom and Dad are out at THE INCREASED MENTAL HEALTH enough Vet Centers, and the need for serv- meetings. However, Friday nights are spent NEEDS OF OUR RETURNING SOL- ices will only continue to grow as a result of together at Beth Yeshurun and Shabbat Din- DIERS AND VETERANS U.S. involvement throughout the world. ner afterwards. I hope my children will look around this Additional funding for the VA health system room and see how many of you have taken HON. GRACE F. NAPOLITANO must be appropriated to improve access to the time to support the important mission of OF CALIFORNIA care. The President’s proposal of funding in- AIPAC. IN THE HOUSE OF REPRESENTATIVES crease of only 2 percent for the VA health sys- tem does not even cover increases in cost of Things can get pretty crazy in our home Saturday, October 9, 2004 living and is insufficient even to maintain the between all the meetings and events Sandra Mrs. NAPOLITANO. Mr. Speaker, October 3 and I are involved with. Yet, Sandra still inadequate current level services. The de- through October 9 is Mental Illness Awareness mand on PTSD services has not kept up with makes sure that there are three meals a day Week. During this week, it is critical that Mem- on the table, and that each kid gets to wher- the increase need of services. The wars in ever they need to go. She is an awesome bers of Congress and the American public rec- Iraq and Afghanistan have greatly increased mother, wife and partner. I am so fortunate ognize the increased mental health needs of the need for these vital services. Some vet- to have a wife who is not only supportive, our returning soldiers and veterans. erans who need weekly or biweekly follow-up but who makes me proud for all that she As co-Chair of the Congressional Mental appointments for therapy are forced to wait does. Sandra, I love you. Health Caucus, I rise today to express my weeks, and in many cases even months. This At one time or another, all my other fam- strong support for expansion of the mental is unconscionable. The VA does not have health benefits offered to our veterans and the ily members who are here to support me this enough mental health professionals due in men and women currently serving in our evening end up pitching in to help in one part to lack of funding, and the President’s low armed services. Those who have witnessed way or another. Thank you all. funding proposal will exacerbate this problem. the atrocities of war must have professional I close with a hope that each of us this Our returning soldiers and veterans deserve assistance to deal with the traumatic memo- evening has been inspired to increase our better from their government. They have ries that they are going to live with for the rest level of pro-Israel activism at least one earned what was promised them. notch—it begins with education on the of their lives. These traumatic memories can issues. There is no better place for that than lead to post-traumatic stress disorder, or The Bush administration has repeatedly em- AIPAC . . . get involved with candidates, PTSD, a dangerous biological condition affect- phasized that the war in Iraq is not another elected officials, and the political party of ing a soldier’s body, mind, and certainly fam- Vietnam. However, by not providing veterans your choice . . . or better yet, with the polit- ily. Unfortunately, soldiers returning home the necessary mental health resources, we ical party of my choice. Not to worry, Mark, often do not receive the comprehensive care can assure the same high rates of suicide that that’s as partisan as it gets tonight. they need. Some even sign their rights-to- existed among Vietnam veterans. As we con- The great sage Hillel asked—‘‘If I am not service away. clude our recognition of mental illness aware- for myself who will be? If I am only for my- Many of the soldiers who served in recent ness this week, we will continue our fight to self, what am I? If not now, when?’’ The an- wars in the Middle East have a desperate ensure that our veterans and service per- swer to the question ‘‘when’’ is ‘‘now!’’ Let’s need for mental health services. Here are sonnel will be able to receive the mental go do it! some alarming statistics. Out of 15,000 vet- health services they deserve. Their sacrifice Thank you. erans returning from the Middle East who for our beloved country paid for them.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00099 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.485 E11PT1 E1966 CONGRESSIONAL RECORD — Extensions of Remarks October 11, 2004 CONFERENCE REPORT ON H.R. 4200, production of up-armored Humvees plus $100 On balance this legislation will enhance our RONALD W. REAGAN NATIONAL million for add-on armor kits for Humvees al- Nation’s security. DEFENSE AUTHORIZATION ACT ready in use. FOR FISCAL YEAR 2005 Third, it is no secret that current troop f strength is inadequate and our troops in Iraq SPEECH OF and elsewhere are stretched too thin. To re- FEDERAL EMPLOYEES DENTAL HON. RUSH D. HOLT dress this military manpower shortage, this bill AND VISION BENEFITS ENHANCE- increases active Army end strength from the MENT ACT OF 2004 OF NEW JERSEY present level of 482,400 to 502,400 in 2005 IN THE HOUSE OF REPRESENTATIVES and authorizes further increases to 512,400 by SPEECH OF Friday, October 8, 2004 2009. Similarly, it increases the Marine Corps Mr. HOLT. Mr. Speaker, I rise to speak in from its current level of 175,000 to 178,000 in HON. DANNY K. DAVIS 2005 and to 184,000 by 2009. support of adoption of this conference report OF ILLINOIS which authorizes $447.2 billion for the U.S. Fourth, in their recent presidential debate, Defense Department (DOD) and the national both President Bush and U.S. Senator JOHN IN THE HOUSE OF REPRESENTATIVES KERRY spoke about the importance of stepping security programs of the U.S. Department of Friday, October 8, 2004 Energy (DOE). up nonproliferation efforts to curb the spread As is always the case, there are many pro- of weapons of mass destruction (WMD) and to Mr. DAVIS of Illinois. Mr. Speaker, visual visions in the final version of this massive bill lessen the danger of terrorists acquiring these health and oral health are integral to our gen- every year which I enthusiastically support and horrible weapons. While I’d have preferred a eral health. Eye and oral diseases are pro- others that I do not. On balance, this con- higher level of funding, this bill provides gressive and become more complex over ference report has more merits than short- $409.2 million for the Cooperative Threat Re- time. Our ability to eat, see, read, learn, and comings. duction Initiative that will help dismantle, se- communicate all depend on good visual and First, I am pleased that it provides more cure, and eliminate WMD and WMD facilities oral health. generous pay and benefits for the men and in the former Soviet Union. Periodic eye and dental examinations are On the negative side, this legislation pro- women who currently serve in our armed an important part of routine preventive health vides $10 billion for a bogus missile defense forces and for those who have done so in the care. Many visual and oral conditions present program. In defiance of physics, this Congress past. no obvious symptoms. Therefore, individuals continues to shovel ever increasing sums of It authorizes a 3.5 percent across-the-board are often unaware that problems exist. pay raise for our troops. This is the sixth con- taxpayer funds to deploy a missile defense There are safe and effective measures to secutive year that Congress will have provided system that has not been tested adequately prevent the most common eye and dental dis- a pay raise for our men and women in uniform nor demonstrated to work. eases. That is why early diagnosis and treat- greater than the level of private sector pay There is continued authority and funding in this legislation for further research on new tac- ment are important for maintaining good visual raises. This will help to further reduce the gap tical nuclear weapons. Specifically, it provides and oral health and why a vision and dental between average military and private sector an additional $27.9 million for the Robust Nu- benefit should be made available to federal pay. Similarly, it makes permanent the in- clear Earth Penetrator—the so-called nuclear employees and annuitants. creased rates for imminent danger pay from bunker buster, plus an additional $9 million for $150 to $225 per month, and the family sepa- We know that in 1987 the Office of Per- advanced concept initiatives. While these ration allowance from $100 to $250 per sonnel Management (OPM) stopped plans in sums may not seem all that significant in a month, while also eliminating out-of-pocket the Federal Health Benefits program from add- $447.2 billion bill, they continue our nation housing expenses. ing new vision and dental packages. OPM did down a dangerous and destabilizing path. By For members of the National Guard and Re- so for various reasons. However, that decision continuing to fund this type of research; the serves, it extends several special pay provi- was made over 15 years ago, and it is time to U.S. is opening Pandora’s box and encour- sions and bonuses through December 31, take a fresh look at how we can meet the vis- aging other nations to develop and deploy 2005, including bonuses for enlistment, reen- ual and oral health needs of federal employ- supposedly more usable nuclear weapons. ees. listment, and prior service. Reservists and Finally, I am disappointed that a provision In the long run, preventive care, through family members will also receive enhanced authored by U.S. Senators BOXER and COL- TRICARE benefits. LINS was dropped from this conference report periodic examinations and doctor visits, will For our Nation’s military retirees and their that would have afforded stronger protection help keep down long term vision and dental survivors, this legislation goes further in pro- for women serving in our armed forces who costs due to early detection. tecting their financial security. It will eliminate are victims of rape. More specifically, it would Therefore, I am extremely pleased to be an the Social Security offset under the Survivor have permitted women victimized by rape to original cosponsor of H.R. 5295, which permits Benefit Plan (SBP) by increasing in stages the receive medical abortions without having to OPM to contract with qualified companies to annuities paid to survivors of military retirees pay for the procedures themselves. offer dental and vision benefits to federal em- who are 62 years of age or older from 35 per- Recent statistics from DOD reveal that as ployees and retirees under the Federal Em- cent of retired pay. many as 6 percent of active-duty service ployee Health Benefits Program. Last year’s version of this legislation, made women report having been sexually assaulted. I am also pleased that this bill includes a significant and overdue strides in redressing There have been 112 reports of sexual mis- provision that requires OPM to study the feasi- the disparity by which disabled military retirees conduct over the past 18 months in Iraq, Ku- bility of providing hearing benefits to federal have their pension benefits reduced, dollar for wait, and Afghanistan. employees and retirees. Currently, over 28 dollar, by the amount of disability benefits they U.S. Army officials recently issued a policy million Americans suffer hearing loss, half of receive from the U.S. Department of Veterans statement to Army medical professionals clari- whom are under the age of 50. Hearing loss Affairs (VA). It authorized full concurrent re- fying their position on care for victims of sex- is not just a problem affecting adults. Thirty- ceipt to be phased in over 10 years. This bill ual assault. In it, they instructed that ‘‘the three children are born everyday with some makes further progress by removing disabled Army has existing medical and legal policies form of hearing loss. With early detection and retirees, who are rated as 100 percent dis- and programs to assist leaders. Use these re- treatment, these children can be taught in reg- abled, from the 10-year phase-in period. sources to provide victims with immediate ular classes, saving a school system as much These deserving military retirees will be au- medical care, follow-up counseling, and seam- as $500,000 during a 12-year education. thorized for full concurrent receipt effective less victim assistance.’’ However, by banning next January. abortion funding for rape victims in the mili- I included similar language in H.R. 3751, Second, we now know that our troops were tary, this provision will severely impede the which passed the House in June. Like vision poorly served by Pentagon war planners in ability of rape victims to receive the appro- and dental benefits, most insurance plans do advance of the invasion of Iraq. Many of them priate medical care and assistance they need. not provide hearing benefits, such as cov- were sent into harm’s way without adequate This ban further injures the women who are erage for hearing aids. I believe the Federal supplies of body armor, armed Humvees, and bravely defending our country, and keeps vic- Government should consider taking a lead in other essential equipment. This bill will help tims who have already suffered an unspeak- this area. correct these inexcusable miscalculations by able assault from exercising their constitu- I urge my colleagues in the House to sup- providing a $572 million increase to speed the tionally-protected right to choose. port this legislation.

VerDate Aug 04 2004 02:50 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00100 Fmt 0626 Sfmt 9920 E:\CR\FM\A09OC8.491 E11PT1 October 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1967 CONFERENCE REPORT ON H.R. 4200, abling conditions. Likewise, this bill will guar- 9/11 RECOMMENDATIONS RONALD W. REAGAN NATIONAL antee Federal benefits for the uranium miners, IMPLEMENTATION ACT DEFENSE AUTHORIZATION ACT millers and transporters made ill as a result of FOR FISCAL YEAR 2005 their work and covered under the Radiation SPEECH OF Exposure Compensation Program, RECA. SPEECH OF HON. BRAD SHERMAN From Brooklyn, NY, to Berkeley, CA, the OF CALIFORNIA HON. MAJOR R. OWENS atomic energy workers and surviving relatives IN THE HOUSE OF REPRESENTATIVES OF NEW YORK have been hurt twice. First, many workers Friday, October 8, 2004 IN THE HOUSE OF REPRESENTATIVES contracted grave diseases, often after a long Friday, October 8, 2004 latency period, as a result of exposure to dan- The House in Committee of the Whole gerous nuclear and toxic materials. Second, House on the State of the Union had under Mr. OWENS. Mr. Speaker, the bill before us the workers and their families were hurt for too consideration the bill (H.R. 10) to provide for contains several extremely important provi- reform of the Intelligence community, ter- many years by a policy of denial with respect sions. They are designed to provide essential rorism prevention and prosecution, border to our national responsibility to them. It is im- medical care and compensation for the brave security, and international cooperation and perative we reverse this policy of denial for Americans who worked from the 1950s coordination, and for other purposes: through the 1970s to build this Nation’s atomic once and for all. This bill accomplishes just Mr. SHERMAN. Mr. Chairman, I voted weapons, often at serious risk to their own that. It provides a guaranteed Federal benefit against the Carter amendment and the Green health and well-being. In far too many cases, for the critical health care and compensation amendment to H.R. 10, the 9/11 Rec- these atomic energy workers were deliberately these workers and their families both require ommendations Implementation Act. I certainly misled about the serious health risks their oc- and deserve. In closing, I would like to thank understand why my colleagues introduced cupational exposure to radiation, heavy met- my distinguished colleague from Missouri, the these amendments. Their intention was to als, and other toxic and dangerous substances ranking minority member of the Armed Serv- make us safer. would entail. Although Congress enacted the ices Committee, as well as minority and ma- However, the amendments are not drafted Energy Employee Occupation Illness Com- jority staff, for their hard work and persistence well enough and their operation relies on par- pensation Program Act, EEOICPA, in 2000 to in making certain these deserving workers and ticularly vague underlying statutory definitions provide such workers with essential medical families will finally get justice. and agency decisions. In addition, the purpose care for specified types of cancer and com- of each amendment can be achieved under pensation for their inability to work due to ill- f present law in virtually every case. ness, a scarce few actually received it. More- In particular, these amendments rely upon over, a number of workers died without the PERSONAL EXPLANATION the definition of terrorist act and terrorist orga- government ever making good on its promises nization. One would have to have over- to recognize their critical contributions to na- whelming faith, perhaps even blind faith, in tional defense work. In such cases, the sur- HON. ROBERT MENENDEZ current and future administrations to believe viving spouses and dependent children of OF NEW JERSEY that these amendments will be immune from these workers remain justly entitled to com- misuse. IN THE HOUSE OF REPRESENTATIVES pensation. I have seen the State Department place or Mr. Speaker, in the early 1950s there were Saturday, October 9, 2004 remove organizations on the terrorist list, influ- two atomic weapons employers in my district, enced, at least in substantial part, by diplo- the 11th Congressional District of New York. Mr. MENENDEZ. Mr. Speaker, I was absent matic, political, and even trade considerations. One such plant, the American Machine and from votes in the House late in the afternoon The Carter amendment essentially attempts Foundry, AMF, designed and produced indus- on Thursday, September 30, due to an un- to create a felony murder rule for terrorist of- trial equipment for the Atomic Energy Com- avoidable commitment, and for the first two fenses. If a defendant is part of a conspiracy mission. By carrying out metal machining work votes on Monday, October 4, due to mechan- to commit a felony, and someone dies in com- for the Atomic Energy Commission—with ura- ical problems on the plane from Newark Inter- mission of that felony, the harshest penalties nium, thorium and zirconium—employees at national Airport. Had I been present, I would are applied, even if the conspiracy did not en- this plant were exposed on a daily basis to have voted the following way: On rollcall vote vision anybody dying. I support felony murder large volumes of radioactive and hazardous 484, H.J. Res. 106, an amendment to the rules, particularly those applied to violent ter- metals. A second plant in my district, the Constitution of the United States relating to rorist conspiracies. Unfortunately, this amend- Wolff-Alport Chemical Corporation, procured marriage, ‘‘no’’; on rollcall vote 485, H. Con. ment, in the hands of unwise or politically mo- thorium sludge for stockpiling by the Atomic Res. 501, honoring the life and work of Duke tivated prosecutors, could be used to seek the Energy Commission. Wolff-Alport Chemical Ellington, ‘‘aye’’; on rollcall vote 486, H. Res. death penalty for those involved in a Sierra workers were likewise exposed to thousands 792, honoring the United Negro College Fund Club protest at federal facilities, if there was of pounds of dangerous radioactive sub- on the occasion of the Fund’s 60th anniver- some tragic and perhaps unforeseeable ac- stances. sary, ‘‘aye’’; on rollcall vote 487, S. Con. Res. tion. Mr. Speaker, the provisions in this bill will 76, recognizing that November 2, 2004, shall I am confident that the Judiciary Committee settle long-standing health care and com- be dedicated to ‘‘A Tribute to Survivors’’ at the will work on these matters in the weeks and pensation claims by providing guaranteed United States Holocaust Memorial Museum, months ahead and design legislation to bring Federal benefits for eligible employees whose ‘‘aye’’; and on rollcall vote 488, S. 1814, the us the safety-enhancing objectives of the fore- work in Department of Energy nuclear facilities Mingo Job Corps Civilian Conservation Center going amendments, without raising the same caused serious illness, impairment and/or dis- legislation, ‘‘aye.’’ concerns.

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HIGHLIGHTS Senate agreed to the Conference Report to accompany H.R. 4520, Amer- ican Jobs Creation Act. Senate agreed to the Conference Report to accompany H.R. 4837, Mili- tary Construction Appropriations. Senate agreed to the Conference Report to accompany H.R. 4567, Home- land Security Appropriations. Senate mittee on Finance was discharged from further con- Chamber Action sideration of H.R. 1779, to amend the Internal Rev- Routine Proceedings, pages S11191–S11334 enue Code of 1986 to allow penalty-free withdrawals Measures Introduced: Four bills and five resolu- from retirement plans during the period that a mili- tions were introduced, as follows: S. 2976–2979, S. tary reservist or national guardsman is called to ac- Res. 464–467, and S. Con. Res. 144. Page S11305 tive duty for an extended period, and the bill was then passed, after striking all after the enacting Measures Reported: clause, and agreeing to the following amendment Special Report entitled ‘‘Further Revised Alloca- proposed thereto: Page S11222 tion to Subcommittees of Budget Totals for Fiscal Landrieu Amendment No. 4061, in the nature of Year 2005’’. (S. Rept. No. 108–398) a substitute. Page S11222 S. 480, to provide competitive grants for training court reporters and closed captioners to meet re- Refundable Tax Credits: Senate agreed to S. Res. quirements for realtime writers under the Tele- 464, relating to refundable tax credits for munici- communications Act of 1996. (S. Rept. No. palities. Pages S11222–23 108–399) Enrollment Correction: Senate agreed to S. Con. S. 2280, to establish a coordinated national ocean Res. 144, to correct the enrollment of H.R. 4837. exploration program within the National Oceanic Pages S11228–29 and Atmospheric Administration. (S. Rept. No. Instructing Conferees: Senate agreed to S. Res. 108–400) 465, to instruct conferees to the Agriculture, Rural S. 2488, to establish a program within the Na- Development, Food and Drug Administration, and tional Oceanic and Atmospheric Administration and Related Agencies Appropriations bill, 2005 or on a the United States Coast Guard to help identify, as- consolidated appropriations measure that includes sess, reduce, and prevent marine debris and its ad- the substance of that Act. Page S11229 verse impacts on the marine environment and navi- Homeownership Opportunities for Native Amer- gation safety, in coordination with non-Federal enti- icans Act: Committee on Indian Affairs was dis- ties. (S. Rept. No. 108–401) charged from further consideration of S. 2571, to S. 2489, to establish a program within the Na- clarify the loan guarantee authority under title VI of tional Oceanic and Atmospheric Administration to the Native American Housing Assistance and Self- integrate Federal coastal and ocean mapping activi- Determination Act of 1996, and the bill was then ties, with an amendment in the nature of a sub- passed. Page S11251 stitute. (S. Rept. No. 108–402) Pages S11304–05 Homeownership Opportunities for Native Amer- Measures Passed: icans Act: Committee on Indian Affairs was dis- Guardsmen and Reservists Financial Relief Act: charged from further consideration of H.R. 4471, to Pursuant to the order of October 10, 2004, Com- clarify the loan guarantee authority under title VI of D1060

VerDate Aug 04 2004 02:29 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC4.REC D11OC4 October 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D1061 the Native American Housing Assistance and Self- Physician Access Improvement: Senate passed S. Determination Act of 1996, and the bill was then 2302, to improve access to physicians in medically passed, clearing the measure for the President. underserved areas, after agreeing to the committee Page S11251 amendment in the nature of a substitute. Unaccompanied Alien Child Protection Act: Sen- Pages S11271–72 ate passed S. 1129, to provide for the protection of International Polar Years/International Geo- unaccompanied alien children, after agreeing to the physical Year: Senate agreed to S. Res. 466, cele- committee amendment in the nature of a substitute, brating the anniversaries of the International Polar and the following amendment proposed thereto: Years (1882–1883 and 1932–1933) and Inter- Pages S11251–60 national Geophysical Year (1957–1958) and sup- Sessions (for Feinstein) Amendment No. 4058, in porting a continuation of this international science the nature of a substitute. Page S11260 year tradition in 2007–2008. Pages S11323–24 Controlled Substances Act Amendment: Senate Honoring United Flight 93 Passengers and passed S. 2976, to amend the Controlled Substances Crew: Committee on Rules and Administration was Act to lift the patient limitation on prescribing drug discharged from further consideration of S. Con. Res. addiction treatments by medical practitioners in 136, honoring and memorializing the passengers and group practices. Pages S11260–61 crew of United Airlines Flight 93, and the resolution 2004 District of Columbia Omnibus Authoriza- was then agreed to, after agreeing to the following tion Act: Committee on Governmental Affairs was amendment proposed thereto: Pages S11324–25 discharged from further consideration of H.R. 3797, Frist (for Conrad) Amendment No. 4062, to im- to authorize improvements in the operations of the prove the language relating to the memorial. government of the District of Columbia, and the bill Pages S11324–25 was then passed, clearing the measure for the Presi- American Veterans Disabled for Life Commemo- dent. Page S11267 rative Coin Act: Senate passed S. 1379, to require Intelligence Authorization Act for Fiscal Year the Secretary of the Treasury to mint coins in com- 2005: Senate passed S. 2386, to authorize appropria- memoration of veterans who became disabled for life tions for fiscal year 2005 for intelligence and intel- serving in the Armed Forces of the United States, ligence-related activities of the United States Gov- after agreeing to the committee amendment in the ernment, the Intelligence Community Management nature of a substitute. Pages S11325–26 Account, and the Central Intelligence Agency Re- Asthmatic Schoolchildren’s Treatment and tirement and Disability System, after agreeing to the Health Management Act: Senate passed H.R. 2023, Armed Services Committee amendments, and the to give a preference regarding States that require following amendments proposed thereto: schools to allow students to self-administer medica- Pages S11267–71 tion to treat that student’s asthma or anaphylaxis, Sessions (for Roberts/Rockefeller) Amendment No. clearing the measure for the President. Page S11326 4059, to strike section 306, relating to a repeal of National Estuary Program Authorization: Sen- the limitation on the length of service as a member ate passed H.R. 4731, to amend the Federal Water of the Select Committee on Intelligence of the Sen- Pollution Control Act to reauthorize the National ate. Page S11271 Estuary Program, clearing the measure for the Presi- Sessions (for Roberts/Rockefeller) Amendment No. dent. Page S11326 4060, to improve the bill. Page S11271 Federal Regulatory Improvement Act: Senate Immigration and Nationality Act Amendment: passed H.R. 4917, to amend title 5, United States Senate passed H.R. 4306, to amend section 274A of Code, to authorize appropriations for the Adminis- the Immigration and Nationality Act to improve the trative Conference of the United States for fiscal process for verifying an individual’s eligibility for years 2005, 2006, and 2007, clearing the measure employment, clearing the measure for the President. for the President. Page S11326 Page S11271 National Archives and Records Administration JFK Center for the Performing Arts Authoriza- Efficiency Act: Committee on Governmental Affairs tion: Senate passed H.R. 5294, to amend the John was discharged from further consideration of H.R. F. Kennedy Center Act to authorize appropriations 3478, to amend title 44, United States Code, to im- for the John F. Kennedy Center for the Performing prove the efficiency of operations by the National Arts, clearing the measure for the President. Archives and Records Administration and to reau- Page S11271 thorize the National Historical Publications and

VerDate Aug 04 2004 02:29 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC4.REC D11OC4 D1062 CONGRESSIONAL RECORD — DAILY DIGEST October 11, 2004 Records Commission, and the bill was then passed, Private Relief: Senate passed S. 2012, for the re- clearing the measure for the President. lief of Luay Lufti Hadad. Page S11328 Pages S11326–27 Private Relief: Senate passed H.R. 867, for the Executive Branch Financial Accountability Re- relief of Durreshahwar Durreshahwar, Nida Hasan, porting Act: Senate passed S. 2688, to provide for Asna Hasan, Anum Hasan, and Iqra Hasan, clearing a report of Federal entities without annually audited the measure for the President. Page S11329 financial statements, after agreeing to the following Private Relief: Senate passed S. 2668, for the re- amendment proposed thereto: Page S11327 lief of Griselda Lopez Negrete. Page S11329 Frist (for Fitzgerald) Amendment No. 4063, to National Tourette Syndrome Awareness Month: make certain revisions to the bill. Page S11327 Committee on the Judiciary was discharged from Long Island Sound Stewardship Act: Committee further consideration of S. Con. Res. 113, recog- on Environment and Public Works was discharged nizing the importance of early diagnosis, proper from further consideration of S. 2691, to establish treatment, and enhanced public awareness of the Long Island Sound Stewardship Initiative, and Tourette Syndrome and supporting the goals and the bill was then passed, after agreeing to the fol- ideals of National Tourette Syndrome Awareness lowing amendment proposed thereto: Page S11327 Month, and the resolution was then agreed to, after Frist (for Lieberman) Amendment No. 4064, in agreeing to the following amendments proposed the nature of a substitute. Page S11327 thereto: Pages S11329–30 Water Resources Act Authorization: Committee Frist (for Smith) Amendment No. 4065, in the on Environment and Public Works was discharged nature of a substitute. Pages S11329–30 from further consideration of S. 2847, to reauthorize Frist (for Smith) Amendment No. 4066, to amend the Water Resources Act of 1984, and the bill was the preamble. Pages S11329–30 then passed. Page S11327 Frist (for Smith) Amendment No. 4067, to amend John H. Chafee Coast Barrier Boundary Clari- the title. Pages S11329–30 fication: Committee on Environment and Public Extending Birthday Greetings: Senate agreed to Works was discharged from further consideration of S. Res. 467, extending birthday greetings to Joseph H.R. 3056, to clarify the boundaries of the John H. Barbera on the occasion of his 100th birthday and Chafee Coast Barrier Resources System Cedar Keys designating March 2005 as ‘‘Animated Family En- Unit P25 on Otherwise Protected Area P25P, and tertainment Month’’. Page S11330 the bill was then passed, clearing the measure for the Federal Regulatory Improvement Act: Senate President. Page S11327 passed S. 2979, to amend title 5, United States Private Relief: Committee on the Judiciary was Code, to authorize appropriations for the Adminis- discharged from further consideration of H.R. 712, trative Conference of the United States for fiscal for the relief of Richi James Lesley, and the bill was years 2005, 2006, and 2007. Page S11330 then passed, clearing the measure for the President. Land Conveyance: Committee on Agriculture, Page S11327 Nutrition and Forestry was discharged from further Private Relief: Committee on the Judiciary was consideration of H.R. 3217, to provide for the con- discharged from further consideration of S. 2042, for veyance of several small parcels of National Forest the relief of Rocco A. Trecosta of Fort Lauderdale, System land in the Apalachicola National Forest, Florida, and the bill was then passed. Pages S11327–28 Florida, to resolve boundary discrepancies involving Private Relief: Senate passed S. 2331, for the re- the Mt. Trial Primitive Baptist Church of Wakulla lief of Fereshteh Sani. Page S11329 County, Florida, and the bill was then passed, clear- Private Relief: Senate passed S. 353, for the relief ing the measure for the President. Pages S11330–31 of Denes and Gyorgyi Fulop. Page S11328 Commodity Credit Corporation Funds: Com- Private Relief: Senate passed S. 1042, for the re- mittee on Agriculture, Nutrition and Forestry was discharged from further consideration of S. 2856, to lief of Tchisou Tho. Page S11328 limit the transfer of certain Commodity Credit Cor- Private Relief: Senate passed S. 2044, for the re- poration funds between conservation programs for lief of Alemseghed Mussie Tesfamical. Page S11328 technical assistance for the programs, and the bill Private Relief: Senate passed S. 2314, for the re- was then passed. Page S11331 lief of Nabil Raja Dandan, Ketty Dandan, Souzi Intelligence Authorization Act: Select Committee Dandan, Raja Nabil Dandan, and Sandra Dandan. on Intelligence was discharged from further consider- Pages S11328–29 ation of H.R. 4548, to authorize appropriations for

VerDate Aug 04 2004 02:29 Oct 13, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11OC4.REC D11OC4 October 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D1063 fiscal year 2005 for intelligence and intelligence-re- to H.R. 1350, to reauthorize the Individuals with lated activities of the United States Government, the Disabilities Education Act, agreed to the House re- Community Management Account, and the Central quest for a conference, and the Chair was authorized Intelligence Agency Retirement and Disability Sys- to appoint the following conferees: Senators Gregg, tem, after striking all after the enacting clause and Frist, Enzi, Alexander, Bond, DeWine, Roberts, Ses- inserting in lieu thereof, the text of S. 2386 (as sions, Ensign, Graham (SC), Warner, Kennedy, passed), Senate companion measure, and the bill was Dodd, Harkin, Mikulski, Jeffords, Bingaman, Mur- then passed. Pages S11331–32 ray, Reed, Edwards, and Clinton. Page S11232 Senate insisted on its amendment, requested a Mentally Ill Offender Treatment and Crime Re- conference with the House thereon, and the Chair duction Act: Senate concurred in the amendment of was authorized to appoint the following conferees on the House to S. 1194, to foster local collaborations the part of the Senate: Senators Roberts, Hatch, which will ensure that resources are effectively and DeWine, Bond, Lott, Snowe, Hagel, Chambliss, efficiently used within the criminal and juvenile jus- Warner, Rockefeller, Levin, Feinstein, Wyden, Dur- tice systems, clearing the measure for the President. bin, Bayh, Edwards, and Mikulski. Page S11332 Pages S11261–63 Agricultural Adjustment Act Amendment: Sen- Nominations Confirmed: Senate confirmed the fol- ate passed H.R. 2984, to amend the Agricultural lowing nominations: Adjustment Act to remove the requirement that 7 Coast Guard nominations in the rank of admi- processors be members of an agency administering a ral. Routine lists in the Coast Guard, Public Health marketing order applicable to pears, clearing the Service. Pages S11323, S11334 measure for the President. Page S11332 Nominations: Discharged: The following nomina- American Jobs Creation Act Conference Report: tions were discharged from further committee con- By 69 yeas to 17 nays, 1 responding present (Vote sideration and placed on the Executive Calendar: No. 211), Senate agreed to the conference report to Milton Aponte, of Florida, to be a Member of the accompany H.R. 4520, to amend the Internal Rev- National Council On Disability for a term expiring enue Code of 1986 to remove impediments in such September 17, 2006. (Reappointment), which was Code and make our manufacturing, service, and sent to the Senate on May 20, 2004, from the Senate high-technology businesses and workers more com- Committee on Health, Education, Labor, and Pen- petitive and productive both at home and abroad, sions. clearing the measure for the President. Dan Arvizu, of Colorado, to be a Member of the Pages S11191–S11222 National Science Board, National Science Foundation Military Construction Appropriations Conference for a term expiring May 10, 2010, which was sent Report: Pursuant to the order of October 10, 2004, to the Senate on September 23, 2004, from the Sen- Senate agreed to the conference report to accompany ate Committee on Health, Education, Labor, and H.R. 4837, making appropriations for military con- Pensions. struction, family housing, and base realignment and Steven C. Beering, of Indiana, to be a Member of closure for the Department of Defense for the fiscal the National Science Board, National Science Foun- year ending September 30, 2005, clearing the meas- dation for a term expiring May 10, 2010. (Re- ure for the President. Pages S11223–28 appointment), which was sent to the Senate on Sep- Prior to the adoption of the conference report, tember 23, 2004, from the Senate Committee on Senate vitiated the vote on the motion to invoke clo- Health, Education, Labor, and Pensions. ture thereon. Page S11228 Gerald Wayne Clough, of Georgia, to be a Mem- ber of the National Science Board, National Science Homeland Security Appropriations Conference Foundation for a term expiring May 10, 2010, Report: Pursuant to the order of October 10, 2004, which was sent to the Senate on September 23, Senate agreed to the conference report to accompany 2004, from the Senate Committee on Health, Edu- H.R. 4567, making appropriations for the Depart- cation, Labor, and Pensions. ment of Homeland Security for the fiscal year ending Kelvin Kay Droegemeier, of Oklahoma, to be a September 30, 2005, clearing the measure for the Member of the National Science Board, National President. Pages S11229–32 Science Foundation for a term expiring May 10, Prior to the adoption of the conference report, 2010, which was sent to the Senate on September Senate vitiated the vote on the motion to invoke clo- 23, 2004, from the Senate Committee on Health, ture thereon. Page S11229 Education, Labor, and Pensions. Idea Reauthorization: Pursuant to the order of Sep- Louis J. Lanzerotti, of New Jersey, to be a Mem- tember 21, 2004, Senate insisted on its amendment ber of the National Science Board, National Science

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Foundation for a term expiring May 10, 2010, years, which was sent to the Senate on September which was sent to the Senate on September 23, 25, 2003, from the Senate Committee on Govern- 2004, from the Senate Committee on Health, Edu- mental Affairs. cation, Labor, and Pensions. Anna Escobedo Cabral, of Virginia, to be Treas- Alan I. Leshner, of Maryland, to be a Member of urer of the United States, which was sent to the Sen- the National Science Board, National Science Foun- ate on July 22, 2004, from the Senate Committee on dation for a term expiring May 10, 2010, which was Finance. Pages S11305, S11322 sent to the Senate on September 23, 2004, from the Additional Cosponsors: Page S11305 Senate Committee on Health, Education, Labor, and Statements on Introduced Bills/Resolutions: Pensions. Pages S11305–11 Jon C. Strauss, of California, to be a Member of the National Science Board, National Science Foun- Additional Statements: Pages S11303–04 dation for a term expiring May 10, 2010, which was Amendments Submitted: Pages S11311–21 sent to the Senate on September 23, 2004, from the Record Votes: One record vote was taken today. Senate Committee on Health, Education, Labor, and (Total—211) Page S11222 Pensions. Kathryn D. Sullivan, of Ohio, to be a Member of Adjournment: Senate convened at 10 a.m., and, in accordance with the provisions of H. Con. Res. 518, the National Science Board, National Science Foun- adjourned at 6:58 p.m., until 12 noon, on Tuesday, dation for a term expiring May 10, 2010, which was November 16, 2004 (For Senate’s program, see the sent to the Senate on September 23, 2004, from the remarks of the Majority Leader in today’s Record on Senate Committee on Health, Education, Labor, and pages S11333–34.) Pensions. Gregory E. Jackson, of the District of Columbia, to be an Associate Judge of the Superior Court of Committee Meetings the District of Columbia for the term of fifteen No committee meetings were held. h House of Representatives Chamber Action Committee Meetings The House was not in session today. No committee meetings were held.

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Lofgren, Zoe, Calif., E1931, E1936 Ney, Robert W., Ohio, E1922 Sherman, Brad, Calif., E1930, E1967 Lowey, Nita M., N.Y., E1927 Northup, Anne M., Ky., E1958 Shuster, Bill, Pa., E1877 McCarthy, Carolyn, N.Y., E1928 Ortiz, Solomon P., Tex., E1956 Skelton, Ike, Mo., E1877, E1910, E1912, E1924 McCarthy, Karen, Mo., E1920 Osborne, Tom, Nebr., E1869 Slaughter, Louise McIntosh, N.Y., E1945 McDermott, Jim, Wash., E1918, E1919 Otter, C.L. ‘‘Butch’’, Idaho, E1918 Smith, Christopher H., N.J., E1947 McInnis, Scott, Colo., E1889, E1891, E1893, E1895, Owens, Major R., N.Y., E1967 Solis, Hilda L., Calif., E1891, E1908 E1897, E1900, E1905, E1907, E1909, E1911 Oxley, Michael G., Ohio, E1916, E1934 Spratt, John M., Jr., S.C., E1886, E1956 McIntyre, Mike, N.C., E1929, E1957 Pallone, Frank, Jr., N.J., E1897, E1900 Stark, Fortney Pete, Calif., E1914 Majette, Denise L., Ga., E1944, E1955 Pelosi, Nancy, Calif., E1896, E1899, E1902, E1958 Stearns, Cliff, Fla., E1874, E1881 Maloney, Carolyn B., N.Y., E1922, E1928, E1941, E1955, Petri, Thomas E., Wisc., E1939 Stupak, Bart, Mich., E1919, E1935 E1962 Pryce, Deborah, Ohio, E1923 Taylor, Charles H., N.C., E1871 Markey, Edward J., Mass., E1875, E1882, E1924, E1933, Rahall, Nick J., II, W.Va., E1885 Thomas, William M., Calif., E1872 E1940 Reyes, Silvestre, Tex., E1952 Thompson, Mike, Calif., E1930 Marshall, Jim, Ga., E1870 Rogers, Mike, Ala., E1893, E1895, E1903, E1907 Tiberi, Patrick J., Ohio, E1891, E1908 Matheson, Jim, Utah, E1932 Rohrabacher, Dana, Calif., E1932 Matsui, Robert T., Calif., E1945 Rothman, Steven R., N.J., E1872, E1944 Udall, Mark, Colo., E1959 Meeks, Gregory W., N.Y., E1884 Roybal-Allard, Lucille, Calif., E1946 Udall, Tom, N.M., E1922 Menendez, Robert, N.J., E1890, E1892, E1893, E1967 Ruppersberger, C.A. Dutch, Md., E1946 Van Hollen, Chris, Md., E1867, E1883 Miller, Brad, N.C., E1868 Ryan, Tim, Ohio, E1879 Visclosky, Peter J., Ind., E1870 Miller, Candice S., Mich., E1934 Sa´ nchez, Linda T., Calif., E1929 Waters, Maxine, Calif., E1948 Miller, George, Calif., E1892, E1894 Saxton, Jim, N.J., E1931 Watson, Diane E., Calif., E1932 Miller, Jeff, Fla., E1878 Schakowsky, Janice D., Ill., E1945 Watt, Melvin L., N.C., E1915 Moore, Dennis, Kansas, E1959 Schiff, Adam B., Calif., E1895, E1898, E1901, E1906, Waxman, Henry A., Calif., E1935 Moran, James P., Va., E1879 E1961 Weiner, Anthony D., N.Y., E1943 Musgrave, Marilyn N., Colo., E1911, E1912 Scott, Robert C., Va., E1965 Weldon, Curt, Pa., E1916 Nadler, Jerrold, N.Y., E1919 Serrano, Jose´ E., N.Y., E1896, E1900 Whitfield, Ed, Ky., E1926 Napolitano, Grace F., Calif., E1965 Sessions, Pete, Tex., E1877 Wolf, Frank R., Va., E1878 Nethercutt, George R., Jr., Wash., E1883 Shadegg, John B., Ariz., E1910, E1912 Young, Don, Alaska, E1929

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, November 16 2 p.m., Tuesday, November 16

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 12:30 p.m.), Senate will recess for their respective party conferences. At 2:15 p.m., Senate will begin consideration of the nomination of Francis J. Harvey, of California, to be Sec- retary of the Army, with two hours for debate, followed by a vote on confirmation of the nomination to occur at approximately 5:15 p.m.

Extensions of Remarks, as inserted in this issue

House Davis, Jim, Fla., E1954 Hastings, Alcee L., Fla., E1871, E1908, E1909, E1911, Davis, Susan A., Calif., E1870, E1881 E1937 Abercrombie, Neil, Hawaii, E1938 Davis, Tom, Va., E1871, E1875 Herseth, Stephanie, S.D., E1930, E1933 Aderholt, Robert B., Ala., E1897, E1900 DeFazio, Peter A., Ore., E1880, E1921 Holt, Rush D., N.J., E1885, E1966 Andrews, Robert E., N.J., E1924 Delahunt, William D., Mass., E1874 Honda, Michael M., Calif., E1876, E1941 Baca, Joe, Calif., E1917 DeLauro, Rosa L., Conn., E1899, E1902, E1906, E1910, Hooley, Darlene, Ore., E1941 Berkley, Shelley, Nev., E1956 E1912, E1923 Houghton, Amo, N.Y., E1878 Berman, Howard L., Calif., E1890, E1908, E1923, E1935, DeLay, Tom, Tex., E1881 Hunter, Duncan, Calif., E1915 E1943 Diaz-Balart, Lincoln, Fla., E1946 Issa, Darrell E., Calif., E1947 Bishop, Sanford D., Jr., Ga., E1885 Dicks, Norman D., Wash., E1954 Jackson-Lee, Sheila, Tex., E1951, E1953, E1954, E1955, Blackburn, Marsha, Tenn., E1952 Dingell, John D., Mich., E1879 E1956, E1958, E1959 Boehlert, Sherwood, N.Y., E1931, E1934 Dooley, Calvin M., Calif., E1916, E1957 Johnson, Sam, Tex., E1878, E1915 Boehner, John A., Ohio, E1871 Dreier, David, Calif., E1875 Kanjorski, Paul E., Pa., E1895, E1898, E1901, E1905 Bonilla, Henry, Tex., E1914 Emanuel, Rahm, Ill., E1875, E1925, E1926 Kennedy, Patrick J., R.I., E1915 Bono, Mary, Calif., E1917 English, Phil, Pa., E1921 Kildee, Dale E., Mich., E1867, E1876, E1907, E1909, Bordallo, Madeleine Z., Guam, E1943 Eshoo, Anna G., Calif., E1918, E1953 E1911 Brady, Kevin, Tex., E1921, E1960 Etheridge, Bob, N.C., E1880, E1914 King, Peter T., N.Y., E1873 Brown, Henry E., Jr., S.C., E1928 Evans, Lane, Ill., E1869 Kirk, Mark Steven, Ill., E1873 Burgess, Michael C., Tex., E1936 Everett, Terry, Ala., E1877, E1920, E1926 Kleczka, Gerald D., Wisc., E1868 Butterfield, G.K., N.C., E1915 Filner, Bob, Calif., E1903, E1907 Knollenberg, Joe, Mich., E1934 Calvert, Ken, Calif., E1890, E1892, E1894 Flake, Jeff, Ariz., E1932 Kucinich, Dennis J., Ohio, E1893, E1894 Camp, Dave, Mich., E1928 Foley, Mark, Fla., E1920 Langevin, James R., R.I., E1952, E1961 Cannon, Chris, Utah, E1933 Ford, Harold E., Jr., Tenn., E1903, E1907 Lantos, Tom, Calif., E1951, E1951 Cantor, Eric, Va., E1873 Fossella, Vito, N.Y., E1922 Larsen, Rick, Wash., E1923 Christensen, Donna M., The Virgin Islands, E1950 Gallegly, Elton, Calif., E1917, E1927 Larson, John B., Conn., E1918 Conyers, John, Jr., Mich., E1886 Gerlach, Jim, Pa., E1950, E1950 Latham, Tom, Iowa, E1874 Costello, Jerry F., Ill., E1917 Gingrey, Phil, Ga., E1963 Leach, James A., Iowa, E1883 Crane, Philip M., Ill., E1939, E1947 Gordon, Bart, Tenn., E1940 Lee, Barbara, Calif., E1896, E1899, E1901, E1906, E1960 Crenshaw, Ander, Fla., E1891, E1909 Green, Mark, Wisc., E1925 Levin, Sander M., Mich., E1881 Crowley, Joseph, N.Y., E1957 Grijalva, Rau´ l M., Ariz., E1873 Lewis, Ron, Ky., E1915 Culberson, John Abney, Tex., E1964 Gutknecht, Gil, Minn., E1932 Linder, John, Ga., E1916 Cummings, Elijah E., Md., E1944 Hall, Ralph M., Tex., E1990, E1892, E1893, E1895, E1897, Davis, Danny K., Ill., E1886, E1955, E1966 E1901, E1905, E1907, E1909 Continued on previous page

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