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, THURSDAY, MARCH 11, 2004 No. 31 House of Representatives The House met at 10 a.m. that the Senate has passed without this kind of language polluting polit- The Chaplain, the Reverend Daniel P. amendment a concurrent resolution of ical airways and making our children Coughlin, offered the following prayer: the House of the following title: wonder why they should vote. Lord, throughout the sacred history H. Con. Res. 355. Concurrent Resolution He did not think he was miked. What of the Bible, You have called people. congratulating the University of Delaware you say in silence is what you will say Sometimes they are asked to leave the men’s football team for winning the National everywhere you go. So whether you familiar and set out into an unknown Collegiate Athletic Association I–AA na- thought the mike on or not, Mr. future. In all cases, they are given a tional championship. KERRY, you were wrong. specific purpose or mission. Usually f f those You call are asked to serve oth- ANNOUNCEMENT BY THE SPEAKER ers. ANNOUNCEMENT BY THE SPEAKER What a blessing it is to serve at Your The SPEAKER. The Chair will enter- PRO TEMPORE call and to act in Your name. tain ten 1-minutes per side. The SPEAKER pro tempore (Mr. Bless the Members of the House of f GOODLATTE). Members are cautioned not to make personal references to Representatives. You have brought AMERICA IS TIRED OF NEGATIVE Members of the Senate even if they are them here to be attentive to the needs POLITICS of their constituents and at the same apparently to be nominated Presi- time serve the Nation and national in- (Mr. FOLEY asked and was given per- dential candidates. terests. mission to address the House for 1 f Bless them for Your service. They minute and to revise and extend his re- marks.) UNJUST IMPRISONMENT OF come to do Your will. To pour out NGUYEN VU BINH themselves in the service of others is Mr. FOLEY. Mr. Speaker, I come to to reveal Your Spirit at work in them. the floor outraged and disappointed at (Ms. LORETTA SANCHEZ of Cali- Amen. the conduct of the Presidential can- fornia asked and was given permission didate, Senator JOHN KERRY. To issue a to address the House for 1 minute.) f term about our Commander in Chief Ms. LORETTA SANCHEZ of Cali- THE JOURNAL and calling him a liar is disgusting, fornia. Mr. Speaker, I rise today to The SPEAKER. The Chair has exam- despicable; and we reject this kind of voice my outrage over the Vietnamese ined the Journal of the last day’s pro- politics. Government’s imprisonment of Mr. ceedings and announces to the House Today, it was reported on Fox News Nguyen Vu Binh. his approval thereof. that the Saddam Hussein government On December 31, 2003, writer Nguyen Pursuant to clause 1, rule I, the Jour- stole over $4 billion from the Food-for- Vu Binh was sentenced to 7 years in nal stands approved. Oil Program to help the poor people in jail plus 3 years of house arrest after that country of Iraq. They spent the that. His charge? Writing and exchang- f proceeds of that $4 billion bribing and ing with various opportunistic ele- PLEDGE OF ALLEGIANCE paying off officers all over the world. ments in the country and commu- The SPEAKER. Will the gentleman 400,000-plus people died at the hands of nicating with reactionary organiza- from New York (Mr. MCNULTY) come Saddam Hussein, and the candidate tions abroad. forward and lead the House in the running for President is calling our My colleagues might be surprised to Pledge of Allegiance. Commander in Chief a liar. know that the United States Congress Mr. MCNULTY led the Pledge of Alle- I think that is regrettable, think it is is one of those reactionary organiza- giance as follows: disgusting; and they have consistently tions. On July 19, 2002, Mr. Binh sub- I pledge allegiance to the Flag of the used this kind of terminology through- mitted testimony to the congressional United States of America, and to the Repub- out this entire campaign. America is Human Rights Caucus, highlighting lic for which it stands, one nation under God, tired of negative politics. Vietnam’s assault on human rights, indivisible, with liberty and justice for all. I challenge the Senator to talk about and I would like to read an excerpt f what you will do for the people of this from that. country rather than tearing down the He said, ‘‘The ultimate goal of the MESSAGE FROM THE SENATE institution of the President. You can- Vietnamese government is to isolate, A message from the Senate by Mr. not have it both ways. You cannot have separate and divide the democracy ac- Monahan, one of its clerks, announced it both ways, and I am sick and tired of tivists. They achieve this goal through

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

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VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A11MR7.000 H11PT1 H1014 CONGRESSIONAL RECORD — HOUSE March 11, 2004 tactics carefully applied to each tar- why I introduced a bill to prevent the have got a hard job ahead of them. get.’’ Federal Government from penalizing Four elections within the next year’s Two months after he submitted this these thriving communities, the Tran- time will be a daunting task for them, testimony here, Mr. Binh became a tar- sit Flexibility Protection Act. This bill but they have laid the groundwork. get and was taken into custody. This does not authorize new money. It mere- They have laid the foundation. simply must stop. ly protects small transit systems and Again, congratulations to our Presi- I urge the Vietnamese government to their ability to use Federal funds wise- dent, congratulations on his leadership facilitate the immediate release of Mr. ly. for getting this interim constitution Binh and to afford its citizens the free- If we are going to invest in public signed in a timely fashion. doms that they deserve. transit, we should at least do it in a f f way that truly promotes it in commu- AMERICA STANDS WITH SPAIN ANNIVERSARY OF LEBANESE WAR nities like these. (Mr. WILSON of South Carolina OF LIBERATION f asked and was given permission to ad- (Ms. ROS-LEHTINEN asked and was IN DEFENSE OF ANTHONY dress the House for 1 minute and to re- given permission to address the House RAIMONDO vise and extend his remarks.) for 1 minute and to revise and extend (Mr. TERRY asked and was given Mr. WILSON of South Carolina. Mr. her remarks.) permission to address the House for 1 Speaker, America awoke this morning Ms. ROS-LEHTINEN. Mr. Speaker, 15 minute and to revise and extend his re- to learn the tragic news that at least years ago today the Lebanese people marks.) 170 people were massacred and over 600 and their last legitimate government, Mr. TERRY. Mr. Speaker, I am here wounded in terrorist attacks on the headed by Prime Minister Aoun, coura- today to defend a good American and a public transit system in Madrid, Spain. geously engaged in a war of liberation good Nebraskan, Tony Raimondo, who The Basque terrorist group, ETA, is be- against Syria. lives the American Dream of building a lieved to be responsible for these mur- For 19 months, this heroic people manufacturing plant in Nebraska and derous bombings. fought to save and defend that which having several others throughout the This is only the latest in a global Syria wanted to destroy, Lebanese sov- country, employing now 1,200 people campaign of terror that seeks to under- ereignty and independence. Tragically, that make farm equipment, fencing, mine freedom and democracy through- the Syrian regime overpowered them tanks, metal buildings. The Bush ad- out the world by taking the lives of in- and succeeded in turning Lebanon into ministration has tapped his expertise nocent civilians. Since the terrorist at- a captive nation. Today, Syria harasses, arrests, im- to become the new American manufac- tacks of September 11 here in America, prisons, tortures and disappears any- turing czar; but of course, then this has there have been deadly attacks from one who speaks out against Syria’s to be roiled down into Presidential pol- Morocco to Indonesia and from India to domination of Lebanon, and its cam- itics. Turkey and Russia, along with assaults paign of intimidation extends here to The Kerry campaign, in a rather de- in Iraq and Saudi Arabia. As British Prime Minister Tony Blair the U.S. Congress. ceitful way, attacking a great Amer- Late last year, General Aoun ap- ican, Tony Raimondo, because out of has rightly said this morning, ‘‘This peared before the Subcommittee on the 1,200 American jobs that he has cre- terrible attack underlines the threat Middle East and Central Asia, which I ated, they have 180 jobs in China to that we all continue to face from ter- chair, to address Members about Syr- make farm equipment to sell in China. rorism in many countries and why we ian occupation of and terrorist activi- This is not an issue of outsourcing must all work together internationally ties in Lebanon. For this, he was jobs. This is an issue of being efficient to safeguard our peoples against such charged with treason, tried in absentia in a global economy. This is a great attacks and defeat terrorism.’’ and sentenced to 15 years of hard labor. American, and I stand to defend him Our allies in Spain, led ably by the We must send a clear message to against these unwarranted, deceitful, courageous prime minister, Jose Maria Syria that its continued occupation of political, presidential-year politics and Aznar, should know that Americans Lebanon will not be tolerated. Lebanon attacks. mourn with them today. America is is a captive nation, and we must not f committed to stand by Spain to defeat global terrorism, as we are grateful for rest until Lebanon is free from Syria’s SIGNING OF IRAQI INTERIM regime and their strangle hold. the Spanish heritage of America. CONSTITUTION In conclusion, may God bless our f (Mr. BURGESS asked and was given troops; and we will never forget Sep- TRANSIT FUNDING permission to address the House for 1 tember 11. (Mr. PITTS asked and was given per- minute and to revise and extend his re- f marks.) mission to address the House for 1 RECOGNIZING ARIZONA CHAPTER minute and to revise and extend his re- Mr. BURGESS. Mr. Speaker, I want- ed to come to the floor of the House OF ASSOCIATED GENERAL CON- marks.) TRACTORS AND ARIZONA ROCK Mr. PITTS. Mr. Speaker, Federal today to recognize a momentous event PRODUCTS ASSOCIATION transportation law currently penalizes and a momentous event that occurred communities like Redding and Lan- earlier this week, and I do not think it (Mr. FLAKE asked and was given caster, Pennsylvania, in my district or has gotten sufficient press and that, of permission to address the House for 1 like South Bend, Indiana; Lubbock, course, was the signing of the Iraqi in- minute and to revise and extend his re- Texas; Shreveport, Louisiana; Wichita, terim constitution by the 25 signato- marks.) Kansas; Jackson, Mississippi; Fort Col- ries earlier this week. Mr. FLAKE. Mr. Speaker, I rise lins, Colorado; communities like them We heard a lot of information on Fri- today to pay special tribute to two all over the country. day when the signing was held up, but local associations in my home State of When these communities reach the press scarcely reported what will Arizona: the Arizona chapter of the As- 200,000 people, transit systems in these likely be one of the events that will sociated General Contractors and the areas are required to spend Federal shape not only the world events around Arizona Rock Products Association. money like the big-city transit system. us but shape events for the next cen- Sunshine Acres Children Home, in They lose their flexibility. What they tury. my home district of Mesa, Arizona, was need is a small system with unique Mr. Speaker, I want to congratulate in desperate need of paved roads and needs. They are lumped in with the our President on his leadership for get- paved emergency roads. These are re- New Yorks and the Philadelphias. But ting this accomplished. I want to con- quired and mandated by the city of areas like Lancaster and Redding are gratulate Ambassador Bremer in Iraq. I Mesa. The Associated General Contrac- nothing like Philadelphia. know he is looking forward to the con- tors and the Arizona Rock Products As a result, people in these areas and clusion of his term there when sov- Association were able to join forces dozens of others lose out, and that is ereignty is returned to the Iraqis. They and donate their expertise, materials,

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.004 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1015 equipment, and manpower to build with millions of Hoosiers, as we send chusetts, to publicly apologize not just these required road improvements, our heartfelt condolences to his wife, to the President of the United States which otherwise the children’s home Mary, and his entire family. May Rob- but to the American people. We need a could not afford. ert D. Orr rest in the peace that he so good debate. We need to look at the dif- Sunshine Acres Children’s Home is richly deserves. ferences between these two candidates. One is obviously a big liberal and likes often referred to as the Miracle in the f Desert. It is a home for children who more government, higher taxes, and are separated from their parents who b 1015 more regulation. The other one likes are either unwilling or unable to care SPEAKING OUT AGAINST less. But the debate should be about for them. For 50 years, Sunshine Acres DOMESTIC VIOLENCE those values, not name calling. has survived primarily on private dona- Senator KERRY, please apologize to (Ms. CAPITO asked and was given tions. The home does not receive any the American people. permission to address the House for 1 aid from the Federal, State, or local f minute and to revise and extend her re- governments. marks.) PROVIDING FOR CONSIDERATION I had the distinct honor and privilege OF H.R. 3717, BROADCAST DE- of visiting Sunshine Acres this last Ms. CAPITO. Mr. Speaker, I rise today to speak out against domestic vi- CENCY ENFORCEMENT ACT OF Christmas. My wife and family toured 2004 the campus, met the children and their olence. Domestic violence encompasses Mrs. MYRICK. Mr. Speaker, by direc- house parents, and then served Christ- all acts of forceful behavior that one tion of the Committee on Rules, I call mas dinner to all the residents. It was person uses to maintain control over up House Resolution 554 and ask for its a visit I will not soon forget. another person. While we are taking immediate consideration. Today, the residents of Sunshine steps to eradicate the threat of domes- The Clerk read the resolution, as fol- Acres are enjoying smooth paved roads, tic abuse for women and children, un- lows: perfect for riding their bicycles, roller fortunately the statistics demonstrate H. RES. 554 blading and playing basketball, all the need for more community out- reach, funding for prevention pro- Resolved, That at any time after the adop- thanks to the generosity and hard tion of this resolution the Speaker may, pur- work of the Associated General Con- grams, and help from Congress. In my home State of West Virginia, suant to clause 2(b) of rule XVIII, declare the tractors and Arizona Rock Products House resolved into the Committee of the Association. These groups deserve rec- there has been a 400 percent increase in Whole House on the state of the Union for ognition and credit for what they have the number of domestic violence com- consideration of the bill (H.R. 3717) to in- done. plaints to our law enforcement agen- crease the penalties for violations by tele- cies. I am committed to stopping vio- vision and radio broadcasters of the prohibi- f lence against women. But women are tions against transmission of obscene, inde- TRIBUTE TO ROBERT D. ORR not the only victims. Many times chil- cent, and profane language. The first reading of the bill shall be dispensed with. All points (Mr. PENCE asked and was given per- dren are the victims. In our Nation, millions of children, 9 million children, of order against consideration of the bill are mission to address the House for 1 waived. General debate shall be confined to minute and to revise and extend his re- have reported seeing violence in their the bill and shall not exceed ninety minutes marks.) home. These statistics are just an esti- equally divided and controlled by the chair- Mr. PENCE. Mr. Speaker, last night mate, 9 million, but I believe one child man and ranking minority member of the the State of Indiana lost a giant. The is one too many. We need to take care Committee on Energy and Commerce. After honorable Robert D. Orr passed away of our children and ensure they are safe general debate the bill shall be considered for amendment under the five-minute rule. It at Indiana University’s medical center. from violent crimes, particularly in their own homes. shall be in order to consider as an original Governor Orr served Indiana for 8 bill for the purpose of amendment under the years in the State’s top office from 1981 With a strong commitment from five-minute rule the amendment in the na- to 1989. He spurred our State’s econ- Members of Congress to work together ture of a substitute recommended by the omy out of recession and overhauled to decrease domestic violence in our Committee on Energy and Commerce now its education system. He also oversaw Nation, hopefully we will see a drop in printed in the bill. The committee amend- the removal of the State license branch the domestic violence statistics in the ment in the nature of a substitute shall be system from political and partisan con- years to come. considered as read. All points of order against the committee amendment in the trol and led an aggressive effort to pro- f nature of a substitute are waived. No amend- mote the export of Indiana products. POLITICAL DEBATES SHOULD BE ment to the committee amendment in the Mr. Speaker, his work did not begin nature of a substitute shall be in order ex- ABOUT VALUES AND IDEALS, in 1981, nor did it stop in 1989. Robert cept those printed in the report of the Com- Orr enlisted in the Army in 1942, was NOT NAME CALLING mittee on Rules accompanying this resolu- commissioned a major for his service (Mr. KINGSTON asked and was given tion. Each such amendment may be offered in the Pacific theater in World War II. permission to address the House for 1 only in the order printed in the report, may minute and to revise and extend his re- be offered only by a Member designated in At the end of the war, he went to the report, shall be considered as read, shall Evansville and entered the family busi- marks.) be debatable for the time specified in the re- ness, Orr Iron Company. He served as Mr. KINGSTON. Mr. Speaker, it is a port equally divided and controlled by the Vanderburgh County Republican chair- presidential election year, and presi- proponent and an opponent, shall not be sub- man and was elected to the State sen- dential elections are very important. ject to amendment, and shall not be subject ate in 1968 before being elected the Politics in general, in a republic like to a demand for division of the question in State’s lieutenant governor. ours, is a substitute for Civil War. It is the House or in the Committee of the Whole. Even after leaving office, Governor a very important process. At the same All points of order against such amendments are waived. At the conclusion of consider- Orr was appointed U.S. Ambassador to time, I think we need to control the ation of the bill for amendment the Com- Singapore and helped build an inter- rhetoric. mittee shall rise and report the bill to the national relationship with that nation Last night, the leading Democrat House with such amendments as may have that America still enjoys today. nominee, JOHN KERRY, called, or been adopted. Any Member may demand a Mr. Speaker, Hoosiers will remember seemed to call, the President of the separate vote in the House on any amend- Governor Orr for all these great United States and his crew ‘‘a crooked ment adopted in the Committee of the Whole achievements and his wise actions, but bunch of liars.’’ Now, those are strong to the bill or to the committee amendment in the nature of a substitute. The previous they will most remember him for his words, and somewhat ridiculous when question shall be considered as ordered on humility and his personal decency and we consider the fact that we should be the bill and amendments thereto to final kindness. Governor Orr embodied that having a debate of values, of ideals, and passage without intervening motion except very verse in Proverbs: ‘‘With humility that that debate should be conducted one motion to recommit with or without in- comes wisdom.’’ with integrity. structions. Mr. Speaker, I mourn the death of As a Member of Congress, I call on The SPEAKER pro tempore (Mr. the honorable Robert D. Orr, along our colleague, the Senator from Massa- GOODLATTE). The gentlewoman from

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.006 H11PT1 H1016 CONGRESSIONAL RECORD — HOUSE March 11, 2004 North Carolina (Mrs. MYRICK) is recog- waves. He has been working on this crude and sexually explicit perform- nized for 1 hour. issue for a long, long time. ances. Throughout the game, we were Mrs. MYRICK. Mr. Speaker, for pur- Broadcast airwaves belong to the subjected also to some offensive adver- poses of debate only, I yield the cus- American people, not to the networks. tising. And all this was going on in our tomary 30 minutes to the gentleman So I believe it is time for Congress to dens, our living rooms, and the other from Texas (Mr. FROST); pending which defend and protect America’s parents places we gather every year to watch I yield myself such time as I may con- and children and pass a tough bill to the Super Bowl. It is estimated that sume. During consideration of this res- ensure decency on the airwaves. To one in five American children were olution, all time yielded is for the pur- that end, I urge my colleagues to sup- watching this year’s Super Bowl broad- pose of debate only. port the rule and the underlying bill. cast. On Tuesday, the Committee on Rules Mr. Speaker, I reserve the balance of I would like to note, Mr. Speaker, met and granted a structured rule for my time. that the actual Super Bowl game was H.R. 3717, the Broadcast Decency En- Mr. FROST. Mr. Speaker, I yield my- one of the most exciting, best-played forcement Act of 2004. H.R. 3717 is a di- self such time as I may consume. games in the 38-year history of the rect response to the increasing levels of (Mr. FROST asked and was given per- sporting event. Decided by a field goal indecency on broadcast television and mission to revise and extend his re- kicked with 4 seconds left, this year’s radio. The bill has strong bipartisan marks.) game had plenty of action and drama support, with over 145 cosponsors, and Mr. FROST. Mr. Speaker, I thank the to sell itself on its own merits, without is a comprehensive measure that is rea- gentlewoman from North Carolina for adding the controversial material that sonable, fair and firm. yielding me this time, and I rise in sup- has provoked so much outrage for the The problem of obscenity on TV has port of the rule and the underlying bill. past month. been going on for far too long. How- I do so because it is time to send a To be fair, we should not be singling ever, the Super Bowl brought it to na- strong message to broadcasters that in- out the Super Bowl broadcast for our tional attention. On February 1, mil- decent television and radio programs disapproval. When I drive around the lions of families were at home watch- are not okay. Dallas-Fort Worth metropolitan area, I ing the Super Bowl together. I myself For too long, the producers of inde- enjoy going up and down the radio dial was watching the game, cheering on cent programming have regarded FCC to listen to many different stations my Carolina Panthers. This was a mo- fines as just a minor nuisance; as a that offer information and entertain- ment of pride for my district, and in cost of doing business. That attitude ment to the people of North Texas. I one moment the attention was shifted. has to end. Congress needs to send a hear a lot of good programming, but I I was appalled by the shameless stunt strong message to broadcasters that am also astonished at the amount of that took place during the Super Bowl. doing anything for profit, no matter gratuitous foul language some talk And the excuses I have heard ring very how much it offends American viewers show hosts use on a daily basis. The hollow. Obviously, if it was deliberate, and harms the public interest, is defi- hosts of my favorite sports talk shows then Janet Jackson and Justin Timber- nitely not okay. in the Dallas market seem to be using lake thought they could get away with Mr. Speaker, the basic principle of more and more offensive language. it. broadcasting in our country is that the I applaud the FCC commissioners for Mr. Speaker, my constituents are American people grant private busi- aggressively cracking down on this very tired of having to cover over their nesses the ability to make money while type of programming and hope that children’s eyes and ears every time using our public airwaves. In exchange this legislation gives them a more ef- they turn on the television set, espe- for a license, we ask that broadcasters fective enforcement tool. cially during the time that is supposed air programs that serve the public in- I would also like to note that this to be considered family time. terest, and we ask them not to broad- problem goes beyond just the program- H.R. 3717 the Broadcast Decency En- cast indecent material at times when ming we receive in our homes from the forcement Act of 2004 raises the max- children are likely to be watching or FCC broadcast licensees. Congress does imum penalty cap for broadcast sta- listening. In other words, we have a so- not currently have the same power to tions, networks, and performers to cial contract with our media compa- regulate the indecent content of cable $500,000 for each indecency violation. nies. They can use the airwaves, but programming as we do over broadcast By significantly increasing the FCC they must run their businesses in a so- programming. But all of us who have fines for indecency, networks and indi- cially responsible way. They must re- cable television know that there are viduals will do more than just apolo- member they have a duty to serve not cable network shows aired during fam- gize for airing such brazen material, only their shareholders but also the ily hours that are equally offensive and they will be paying big bucks for their American people. indecent. Although they operate under offenses. The reason we have special rules for a regulatory system that would not be I am very pleased that this legisla- radio and television programming is covered by the bill we are considering tion streamlines the Federal Commu- that the broadcast media is, in the today, I urge the cable networks to re- nication Commission enforcement words of Supreme Court Justice John member that they have a social respon- process for networks and individuals Paul Stevens, ‘‘a uniquely pervasive sibility to the American people too. who willfully and intentionally put in- presence in the lives of all Americans.’’ Mr. Speaker, some people may be decent material over the broadcast air- When 100 million Americans, includ- suggesting that with this bill and the waves. So complaints do not languish ing myself, tuned into the Super Bowl, speeches we are giving today, we are at the FCC, the bill requires them to we allowed a broadcast company to trying to censor speech or limit expres- complete action on indecency com- enter the privacy of our homes. Just sion in our society. Nothing could be plaints within 270 days of receipt. In like any other guest, we welcomed further from the truth. As a former the past, there have been examples them into our home. We expected the broadcast journalist, and as the father where it has taken several years, and Super Bowl broadcast to be respectful of a broadcast journalist, I have a deep the broadcasters know they will not be of us and our families. We do not ex- respect for the right of journalists, art- taken to task until long after the of- pect to agree with our house guests on ists, political and religious leaders, and fense is over. everything, but we do expect them to anyone else for that matter, to exercise I want to commend the chairman of show good judgment and to refrain their constitutional freedom of speech. the Subcommittee on Energy and Air from saying crude and offensive things, Our communication laws on obscenity Quality of the Committee on Energy especially when children are in the and indecency do not stop free speech and Commerce, the gentleman from room. What we all got on February 1 or suppression. They simply say it is Texas (Mr. BARTON), for moving this was anything but a good guest, Mr. not always appropriate to broadcast legislation so swiftly through his com- Speaker. crude and sexually explicit material mittee. I also want to thank the gen- Besides the now infamous incident into our homes and into our motor ve- tleman from Michigan (Mr. UPTON) for involving Justin Timberlake and Janet hicles, especially when our children his resolve to protect our Nation’s air- Jackson, the half-time show was full of could be watching or listening.

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.008 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1017 I urge all of my colleagues to support subject to the same fines as broad- gentleman from Michigan (Mr. UPTON), this bill and the FCC’s new efforts to casters for indecent actions. the subcommittee chairman whose bill take back our air waives from the peo- In conclusion, families must be able this is. to watch prime-time TV together with- ple who have cynically decided the best Mr. UPTON. Mr. Speaker, I want to out the fear of watching obscene, pro- way to sell advertising is by shocking compliment the Committee on Rules fane, or vulgar programming; and H.R. and offending us. I have more faith in and the leadership for getting this bill Americans than that. Voting for this 3717 will help make this a reality. on a fast track, and I want to com- bill is not just a vote to protect our Mr. Speaker, I urge Members to sup- pliment my colleagues on the Com- families from indecent programming, port the rule so we may proceed to de- mittee on Energy and Commerce. We it is also a vote in support of the vast bate the underlying legislation. acted very swiftly to get this bill to majority of broadcasters, producers, Mr. FROST. Mr. Speaker, I yield 3 the floor. In fact, we passed the bill out and performers today who are running minutes to the gentleman from Michi- profitable businesses while broad- gan (Mr. STUPAK). 49 to 1 just last week. casting in a way that serves the inter- Mr. STUPAK. Mr. Speaker, the Com- I would like to say as well that I ests of our families and our society. mittee on Rules has denied me and think this rule is a fair rule. I think Mr. Speaker, I reserve the balance of other Democrats the opportunity to the amendments will be debated fairly. my time. offer amendments that are vital and di- I think that the membership of the rectly relevant to the debate on elimi- b 1030 House will respond to those amend- nating indecent content on the public ments; and obviously my hope is to Mrs. MYRICK. Mr. Speaker, I yield 3 airwaves. adopt the bill, the legislation, over- minutes to the gentleman from Geor- Americans should look at the link whelmingly at the end of the day. gia (Mr. LINDER), a fellow member of between the surge in complaints on in- the Committee on Rules. decent content on TV and radio and I want to say to the gentleman from Mr. LINDER. Mr. Speaker, I rise in the increasing media consolidation Michigan (Mr. STUPAK) on media own- support of this rule and thank the gen- that has occurred in recent years. ership, there will be a time and place tlewoman from North Carolina (Mrs. During the Committee on Energy and for that debate. We had a little debate MYRICK) for yielding me this time. Commerce’s three hearings on Inde- on this last year. There was a com- Mr. Speaker, H. Res. 554 is a fair and cency in the Media, it became apparent promise that was made as part of the balanced rule that will provide House it is the media giants who are the appropriations process. This issue is Members with the opportunity to con- greatest offenders of the FCC’s inde- not going to go away, but I think it is sider a number of issues affecting our cency standard. The biggest FCC fines imperative that we get this bill to the efforts to get indecent material off our have gone to the biggest media players. President’s desk as fast we can. airwaves. Under this rule, the House In the past 5 years, 80 percent of the The President did send a veto signal will have the opportunity to consider a fines on violations of the FCC inde- as a statement of administration pol- manager’s amendment by the gen- cency standard were handed out to the icy last year on this very issue. If for tleman from Michigan (Mr. UPTON) and media conglomerates. some reason that amendment was at- an amendment by the gentlewoman I believe the increasing amount of in- tached to this bill, there is no question from Illinois (Ms. SCHAKOWSKY) to decent content on our public airwaves it would delay enactment of this bill. It strike the increased fine limit on en- is a symptom of media consolidation, is not in place to add that amendment tertainers, and an amendment by the but the FCC never bothered to look at to this bill. I accept what the Com- gentleman from Texas (Mr. SESSIONS) this possible link before they issued mittee on Rules did yesterday. We had to direct the General Accounting Office new rules last year to allow these a good debate on it yesterday after- to provide a detailed report to Congress media giants to get even bigger. The noon. I think they made a wise deci- about the number of complaints about Parents Television Council noted this sion not to make that amendment in indecent broadcasting and the proc- as well. Director Brent Bozell said esses and procedures that the FCC has after the FCC issued the new rules al- order, knowing there is another day implemented to investigate these com- lowing more media consolidation, and I and time when we can debate that plaints. would like to quote him, he said, ‘‘The issue. With respect to H.R. 3717, the under- rules change means that a handful of Mr. Speaker, I compliment the gen- lying legislation, I want to commend megaconglomerates will impose their tleman from Michigan (Mr. STUPAK) for the gentleman from Michigan (Mr. own standards of decency. They have offering virtually the same amendment UPTON), the chairman of the Sub- been handed unfettered opportunity to in full committee last week and then committee on Telecommunications and broadcast violent and vulgar program- withdrawing that amendment even the Internet, for all of the time and ef- ming with impugnity.’’ though a point of order had been fort he has invested in bringing this My amendment would have delayed raised. very important and well-crafted legis- the FCC rules on media consolidation I urge Members to support this fair lation to the House floor. while the GAO conducted a thorough rule so we can get this bill to the Presi- Vulgarity, profanity, and even ob- review of the correlation between inde- dent’s desk as fast as we can. scenity are an all-too-common trend on cent content on our public airwaves our television and radio airwaves and media consolidation. Mr. FROST. Mr. Speaker, I yield 3 today. Originally, the Golden Globe I had also offered a pared-down minutes to the gentleman from New Awards incident last year appeared to amendment that would have author- York (Mr. WEINER). be an isolated event; however, the sub- ized a study without delaying the Mr. WEINER. Mr. Speaker, there are sequent profanity during the Billboard rules. I will still be seeking the GAO clearly some messages to take from re- Music Awards broadcast and the gross- study, and I invite my colleagues to cent events and the bill that is on the ly inappropriate halftime show of the join me in this request I will be making floor today. The overriding message is 2004 Super Bowl made clear that Con- later today. that there is a responsibility that gress needs to take action and give the The growing number of media mo- comes with being entrusted to broad- FCC the tools it needs to crack down nopolies is relevant to this indecency cast over the public airwaves. on such tawdry programming. debate, and the Committee on Rules H.R. 3717 provides some of these tools should not have denied me and others People say if viewers do not like the for the FCC and is a step in the right the opportunity to offer our amend- content of a certain show and find it direction. This legislation increases ments. I urge my colleagues to vote offensive, just do not watch. The prob- the penalties imposed for broadcast in- against this rule until we get the lem with that argument is when con- decency, which allows the FCC to more amendments that will help us further tent is being broadcast over public air- authoritatively regulate on-air pro- this debate. waves, it sometimes cannot be avoided. gramming. Also, this bill makes it Mrs. MYRICK. Mr. Speaker, I yield The fact is that people in this country easier for the FCC to hold individuals such time as he may consume to the surf and flip up and down channels on

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.009 H11PT1 H1018 CONGRESSIONAL RECORD — HOUSE March 11, 2004 TV and radio. If we do not regulate commercial and noncommercial likely to be in the audience, and courts have what people can see and hear in these speech, which the Constitution does made clear that the FCC’s definition and regu- forums, children in particular will be not permit. Then there was a system- lation of indecent content is constitutional. exposed to material that is completely atic attack from the left, writing rules The problem, however, is that the FCC cur- inappropriate. against hate speech which introduced rently is authorized to assess a maximum fine While we, and broadcasters in par- the notion of political correctness. Re- of only $27,500 per violation on licensees, and ticular, should take action to crack cently, there was a petition to the De- $11,000 per violation on individuals. Such down on indecent material, we must partment of Justice that has asked the weak penalties amount to little more than a not allow this focus on indecency to be- Department to evaluate ‘‘The Passion cost of doing business, and provide little to no come a mission instead to do every- of Christ’’ as an example of hate deterrent. What’s more, the FCC can only as- thing possible to gain favor with the speech. Unintended consequences do sess such fines on individuals on the second FCC and their ultimate leader, Presi- occur. infraction, which means that celebrities such dent Bush. Being contrary to the gov- Next came along a coalition between as Ms. Jackson get a free pass on the first of- ernment and offensive to the President right and left, and there was an attack fense should they do something indecent. and his campaign donors should not on campaign speech with the campaign H.R. 3717 addresses these problems by fall into the category of indecent mate- finance reform with a suspension of raising the maximum fine to $500,000; permit- rial. freedom of speech during an election ting the FCC to consider revoking a broadcast Unfortunately, the Clear Channel period. license after the third offense; and allowing the case with Howard Stern leaves that im- Now, once again, we are attacking in- FCC to fine an individual on the first offense. pression. Consider the facts: on Feb- decency, which we all should, but how H.R. 3717 does not require such severe pen- ruary 25, Clear Channel announced that we do it is critical; because ‘‘inde- alties, but gives the FCC needed discretion to its radio stations would no longer cency’’ is a subjective term, and it has tailor its sanctions to each particular offense. carry the ‘‘Howard Stern Show,’’ citing yet to be defined by the courts. Perhaps this will send the message to broad- ‘‘indecent content’’ in Stern’s Feb- We should remember that the Con- casters and individuals that indecency on our ruary 24 radio broadcast. But nothing gress very clearly by the Constitution airwaves is no laughing matter. H.R. 3717 in Mr. Stern’s recent shows has been is instructed to: ‘‘make no laws abridg- also imposes a shot clock on the FCC to en- cited for indecency, and it has been ing the freedom of speech.’’ It cannot sure that these matters are resolved expedi- years since he has been fined by the be any clearer. If we have problems tiously. FCC. Some commentators have said his with indecency they are to be solved in Mr. Speaker, this is a fair rule, and I urge show has been milder in recent months. different manners. The excuse, because Members to support it. Ms. WATSON. Mr. Speaker, I rise in strong According to the Wall Street Journal, the government is responsible and opposition to the rules for H.R. 3717. Yester- Mr. Stern’s sponsors have not pulled owns the airwaves, that we can suspend day I offered an amendment to the bill that their advertisements, meaning that the the first amendment is incorrect. That would end industry-paid travel for commis- sponsors do not believe the show is is a good argument for privatizing the sioners and staff of the Federal Communica- airwaves rather than an excuse for sus- across the line. tions Commission once and for all. I am very The only thing that has changed is pension of the first amendment. disappointed that it was not made in order. In that just 2 days before his suspension, I would like to close by quoting fact, 5 of the 6 amendments offered by my Mr. Stern had become more critical of someone who is obviously not a liber- Democratic colleagues were not made in tarian and obviously not a liberal who the Bush administration, an adminis- order. I hope my colleagues would join me in has great concern about what we are tration Clear Channel and its top ex- opposing this rule and request an open rule. ecutives have bank-rolled to the tune doing, and he comes from the conserv- My amendment was a modified version of a of $42,000 this election campaign cycle, ative right, Rush Limbaugh. He said: bill that I introduced last year in response to and hundreds of thousands of dollars in ‘‘If the government is going to ‘censor’ a report documenting over $2.8 million in trav- years past. what they think is right and wrong, el costs spent by FCC–regulated private com- Even more curious is the location what happens if a whole bunch John panies for more than 2,500 trips taken by FCC where Mr. Stern’s show is being Kerrys or Terry McAuliffes start run- commissioners and staff over the past 8 dropped. Is it simple coincidence that ning this country and decide conserv- years. Such practices have contributed to the political battlegrounds of Ohio and ative views are leading to violence? I FCC’s reputation as a ‘‘captured agency’’ con- Florida are losing a popular critic of am in the free speech business. It is one trolled by the industries it regulates. the Bush administration just as the thing for a company to determine if I am aware that Chairman Powell promised election season begins? they are going to be a party to it. It is last fall to eliminate the practice of corporate While we are right to take action another thing for the government to do sponsored travel, but I don’t believe a one- today to keep indecent material off the it.’’ time promise is strong enough to eliminate the public airwaves, this should not be seen Mr. Speaker, we all should be in the practice once and for all. What if the commis- as open season on a diversity of views. free speech business. sion decides to re-institute the policy in a few If we only have radio personalities who Mr. BARTON of Texas. Mr. Speaker, I am years? What if there is a change in the admin- are sympathetic to the President and in support of this rule. istration this fall, and we end up having a new his large corporate backers, then we The Broadcast Decency Enforcement Act of chairman? There is no guarantee that what will only have a small number of voices 2004, H.R. 3717, has overwhelming bipartisan the FCC has decided to do is not just a way being heard, and all of them will be at support. H.R. 3717, which was adopted on a to wait out the storm caused by the report, the far right end of the radio dial. vote of 49 to 1 by my Committee, increases and that it could revert back to the old ar- Mrs. MYRICK. Mr. Speaker, I yield the Federal Communications Commission’s rangement any time. 21⁄2 minutes to the gentleman from authority to assess fines for indecent broad- I support granting the FCC the authority to Texas (Mr. PAUL). casts. As Janet Jackson revealed to the entire impose severe penalties for indecent broad- (Mr. PAUL asked and was given per- Nation during the Super Bowl Halftime, broad- casting, but we must also ensure that the mission to revise and extend his re- casters and performers have stopped minding Commission uses the new enforcement pow- marks.) the public’s store, allowing all sorts of offen- ers this bill would provide. One way to do so Mr. PAUL. Mr. Speaker, I rise in sup- sive material to travel across the public air- is to eliminate, once and for all, any potential port of the resolution, but I would like ways. conflict of interest caused by the practice of to express a few views on why I will op- This is not a new problem. For years now, corporate sponsored travel for FCC travel. I pose the legislation. radio programming has gotten progressively hope my colleagues would join me in rejecting I am convinced that the Congress has more base, and within the last year and a half this rule and allow consideration of my amend- been a very poor steward of the first a number of so-called celebrities have let ment. amendment, and we are moving in the expletives fly on live broadcast television cov- Mr. FROST. Mr. Speaker, I have no direction of further undermining the erage of awards shows. Federal law already further requests for time, and I yield first amendment with this legislation. allows the FCC to assess fines on licensees back the balance of my time. First, many years ago, it was an at- and non-licensees for the broadcast of inde- Mrs. MYRICK. Mr. Speaker, I yield tack on commercial speech by dividing cent content during hours when children are back the balance of my time, and I

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.011 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1019 move the previous question on the res- In fact, in the hearings that we held, has been upheld by the Supreme Court, olution. we discovered that by the time you who ruled in 1978 that the government The previous question was ordered. saddle up some of those attorneys at does have the right to regulate inde- The resolution was agreed to. the Department of Justice and send cent broadcasts and to, in fact, estab- A motion to reconsider was laid on them out to file a claim in Federal lish a definition of indecency that re- the table. Court to go after the dollars that the mains the FCC’s guiding principle. The SPEAKER pro tempore (Mrs. FCC might have fined, they are not There is language, material, that de- MYRICK). Pursuant to House Resolution going to recoup their costs. scribes sexual or excretory material or 554 and rule XVIII, the Chair declares The Upton-Markey-Tauzin-Dingell- organs, and it is deemed patently offen- the House in the Committee of the Barton bill has been cosponsored by sive as measured by contemporary Whole House on the State of the Union more than 140 Members of Congress, community standards. In the mid 1990s, for the consideration of the bill, H.R. Republicans and Democrats. Chairman the court limited the ban on indecent 3717. Powell and his four other commis- airing between the hours of 6:00 in the b 1045 sioners, two Republicans and two morning and 10:00 at night, when kids Democrats, when you look at their are most likely to be watching or lis- IN THE COMMITTEE OF THE WHOLE statements in support of this legisla- tening. Accordingly, the House resolved tion, when you look at their state- This legislation pertains only to itself into the Committee of the Whole ments as they imposed fines on broad- broadcast radio or TV. Why is that? House on the State of the Union for the casters who cross that line, every one Because it is the public airwaves, that consideration of the bill (H.R. 3717) to of them, Republican or Democrat, has is why. And for those that challenge increase the penalties for violations by lamented the fact that they cannot the standards that are out there and do television and radio broadcasters of the raise the fines higher than they are not realize what some of these broad- prohibitions against transmission of under current law, a maximum of only casters have said, I would ask them to obscene, indecent, and profane lan- $27,500. come see me during the next couple of guage, with Mr. GOODLATTE in the Because of the legislation we pursued hours of debate on the floor, because chair. on a strong bipartisan basis, and again, with me I have a notebook, and in that The Clerk read the title of the bill. I commend my colleagues on the other notebook we have the specific language The CHAIRMAN. Pursuant to the side, the gentleman from Massachu- that broadcasters have used in defiance rule, the bill is considered as having setts (Mr. MARKEY) and the gentleman of the law. been read the first time. from Michigan (Mr. DINGELL), we were You cannot tell me that this stuff Under the rule, the gentleman from able to pass this legislation out of the should be on the air. It should not be. Michigan (Mr. UPTON) and the gen- Committee on Energy and Commerce We need to make sure we stop it, and tleman from Massachusetts (Mr. MAR- last week on a recorded vote of 49 to 1. we do, in its tracks. KEY) each will control 45 minutes. The other body is beginning to move as Mr. MARKEY. Mr. Chairman, I yield The Chair recognizes the gentleman well. They passed their legislation out myself 7 minutes. from Michigan (Mr. UPTON). 34 to 0. Mr. Chairman, I rise in support of b 1045 Our bill was strengthened in the full this legislation. This is a bipartisan bill that the Subcommittee on Tele- Mr. UPTON. Mr. Chairman, I yield committee markup. We added a provi- communications and the Internet, led myself 5 minutes. sion on three-strikes-and-you-are-out. by the gentleman from Michigan Mr. Chairman, I ask my colleagues to That is, if you are a repeat offender, a (Chairman UPTON) and the Chairman of support this legislation this morning. broadcaster, and you go through three the full committee, the gentleman This legislation actually appeared on series of fines violating the current from Texas (Mr. BARTON), have put to- my radar screen last year as we began standard, there is set up an automatic gether, working in conjunction with to set our agenda for 2004. I introduced revocation hearing to take away that the gentleman from Michigan (Mr. DIN- the legislation in early January, held license. We established a ‘‘shot clock’’ so that GELL) and myself and the other mem- our first hearing on the legislation be- the FCC has to act on complaints with- bers of the minority on the Committee fore the Super Bowl, and the adminis- in a certain number of days. We pro- on Energy and Commerce, working in a tration supports our bill. They sent us tected affiliated broadcasters. They do bipartisan fashion, in order to craft a a statement that they supported our not always know what is coming down bill related to the broadcast radio and bill in committee, and I will include the pike in terms of what they are television obscenity and decency and that Statement of Administration Pol- broadcasting. We raised the fine from profanity issues. icy as part of the RECORD in support of the initial bill as I introduced it of Mr. Chairman, at the outset, I would this legislation today. $275,000 for the maximum fine to like to note that this legislation was STATEMENT OF ADMINISTRATION POLICY $500,000. We added a provision asking introduced before the Super Bowl this The Administration strongly supports for the National Association of Broad- year, not after. It was an issue that had House passage of H.R. 3717. This legislation casters to make part of their code a already percolated up to the attention will make broadcast television and radio of the American public and to our sub- more suitable for family viewing by giving Broadcast Decency Code, something the Federal Communications Commission they had years ago and was struck committee, and we had already decided (FCC) the authority to impose meaningful under antitrust violations. that extra attention needed to be paid penalties on broadcasters that air obscene or We also added a provision making the to the Federal Communications Com- indecent material over the public airwaves. performers, the talent, liable for their mission and its lack of enforcement of In particular, the Administration applauds own words. You cannot tell me that these very important provisions. the inclusion in the bill of its proposal to re- they do not know what the standards The Subcommittee on Telecommuni- quire that the FCC consider whether inap- are. I have heard them whine, I have cations and the Internet held three propriate material has been aired during hearings on this issue, and from our children’s television programming in deter- heard them take out that violin and mining the fine to be imposed for violations whine about what this bill will do. hearings we confirmed a number of of the law. The Administration looks for- Well, guess what, Mr. Chairman? It is things. We have learned that although ward to continuing to work with the Con- time to take away that violin and give the Federal Communications Commis- gress to make appropriate adjustments to them the fork. They are done. This sion is charged with ensuring that li- the language of the bill as it moves through ought to stop. censees serve the public interest and the legislative process. Guess what? Our bill does nothing to that the stations do not air obscene, I remember a speech well by Michael change existing standards. Zero. Nada. indecent or profane content in viola- Powell, the Chairman of the Federal Not a thing. I would note that the 1927 tion of the law and Commission rules, Communications Commission, where Radio Act has held up in the courts for that until very recently, the Commis- he said the fines under current law are more than 75 years. The FCC has the sion has not been an aggressive en- peanuts. It is a cost of doing business. authority to punish those who air ob- forcer of the rules. Testimony from They are not high enough. scene, indecent or profane language. It Federal Communications Commission

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.013 H11PT1 H1020 CONGRESSIONAL RECORD — HOUSE March 11, 2004 Chairman Michael Powell indicates Finally, I believe the broadcast in- b 1100 that cases are still languishing from 2 dustry should renew its educational ef- This is a very serious level of effort to 3 years ago. forts on the television ratings system that has lasted over the last year. We also learned that although the and also consider a number of other We are raising the fine so that it is Federal Communications Commission ideas to better assist parents, which I feasible and equitable for the govern- has numerous enforcement tools, in- will address to our television networks ment to enforce standards of decency. cluding the ability to revoke a station on an ongoing basis, in order to ensure We are allowing the independent broad- license, it appears as though the indus- that they know that this is an issue casters who have no control over what try has largely concluded that the Fed- that Americans care about. they air to avoid liability. We are look- eral Communications Commission is a At our recent hearings, I challenged ing to the individual, who willfully and paper tiger. The rare and paltry fines the industry to do several things to intentionally defies the law, to be held the Commission assesses have become better help parents understand the TV accountable. nothing more than a joke within the rating system: There are some who claim that we broadcast industry, and the Commis- First, use the V-Chip and utilize are towing the line of censorship; that sion never raises license revocation as available per-channel blocking tech- that is the next step and we will go too a consequence for repeated indecency nologies on cable television. far. However, I place the onus upon the violations, even in the most egregious I requested that the television indus- network, the broadcasters, the enter- cases of these repeat violators. This try increase its public service adver- legislation will help us to address the tainers, and the Web site managers to tisements about the television rating be their own guideposts of the Con- serious enforcement shortcomings at system and the V-Chip. I am happy to the Federal Communications Commis- stitution and community standards. report that many, many industry par- Governments should not be the de- sion that we have identified. ticipants on the networks and cable op- Finally, we have also learned that cency police, but when laws are defied, erators have agreed to do so, with we are required to step in and enforce the industry needs to do a better job in some, such as Fox Television, including educating parents about the tools that the law. print advertising in their campaign as already may be in their hands that par- I support this bill and I want to com- well. pliment the gentleman from Massachu- ents can utilize to address the myriad I will come back in a while and out- concerns they raise with us about what setts (Mr. MARKEY) and also the gen- line what is happening in the rest of tleman from Michigan (Mr. UPTON) for is on television. Parents can use the the television and cable industry, but I television rating system and the V- the bill. think it is important for the Congress Chip, which stems from legislation Mr. MARKEY. Mr. Chairman, I yield to pass this legislation, and then to which I authored as part of the Tele- 5 minutes to the gentleman from Texas keep up the pressure so that parents communications Act of 1996. (Mr. GREEN). However, we have a huge educational are given the tools that they need in Mr. GREEN of Texas. Mr. Chairman, challenge with the TV ratings system order to protect the sights and the I yield to my colleague from California and how parents can use it in conjunc- sounds which their children are ex- (Mr. WAXMAN.) tion with the V-Chip. Studies indicate posed to. Mr. WAXMAN. Mr. Chairman, I that if a parent of a child 12 and under Mr. UPTON. Mr. Chairman, I yield 2 thank the gentleman from Texas (Mr. has a V-Chip-ready TV and knows this, minutes to the gentleman from the GREEN) for yielding to me. that some 47 percent of such parents good State of Indiana (Mr. BUYER), a I want to take 1 minute to say that use the V-Chip, and they like it, be- member of the subcommittee, a co- the broadcasters have an interest in cause it allows them to program their sponsor of the bill, and a very helpful protecting the public’s rights, but what TV set for their children 12 and under. force in getting this bill to the floor. are we doing about the concentration Almost all of these parents who know Mr. BUYER. Mr. Chairman, I rise in of power in the media? What are we about it are enthused about it. The support of H.R. 3717. Every second of doing about the lack of a fairness doc- problem is with the qualifiers. Almost every day and in almost everything we trine or equal time, especially at a half of those who have bought the ap- do we are confronted by a multitude of time when we have the most important proximately 100 million V-Chip capable images, some of which benefit our election with the political debate that televisions since 2000 are not aware lives, others which do just the com- ought to be honest, really fair and bal- that they possess a television set with plete opposite. anced, not just for some broadcaster to a V-Chip in it. We live at a time when 98 percent of tell us it is fair and balanced when it is In addition, many of these parents the households have one or more tele- not? What are we doing about chil- express confusion over the TV rating vision sets. As of 2001, there were over dren’s programs? system itself, and one major network, 100 million Americans on-line, with al- Instead of dealing with those issues, NBC, still does not use the comprehen- most half of all of U.S. households with we have a bill to increase the penalties sive rating system utilized by everyone Internet access. This new media has for indecency on the airwaves while the else in the television industry. The in- enriched our lives. It has given up-to- FCC is already not enforcing the pen- dustry did a good job with much fan- the-very-minute news reports from alties they have at their disposal. fare after the TV rating system was around the world, television shows that I think we ought to recognize that if initially finalized, in doing public serv- both educate and entertain, and Web people feel they are doing something ice announcements and other edu- sites that have every answer to every really important with this legislation, cational messages regarding the rat- question posed, it seems. then I think it only opens the door to ings. Yet those efforts have waned in However, unfortunately, there is a more government interference in free recent years. negative side, those Web sites whose speech on the airwaves, and that it is In my view, we need a comprehen- sole purpose is to satiate the prurient somewhat hypocritical for the public sive, industry-wide campaign to ad- interests of its viewers, television pro- to think we are doing something about dress this issue. The TV set manufac- grams that play to the lowest denomi- the important issues in the broad- turers and the electronic retailers need nator of decency. There are those who casting area when we are not even ad- to do a better job in alerting television seek to test the boundaries, and those dressing, and the Republican leadership buyers to the V-Chip, in part because who try to ignite a firestorm, so the 24- has stopped us from addressing, the many retail employees at these stores hour news stations have something to concentration of the media in all these who sell TV sets are apparently un- report on at 3 a.m., or attempt to revi- other matters. aware that the TV sets have a V-Chip talize a career by shocking viewers. It Mr. Chairman, I thank the gentleman in it. In addition, print media ought to is these images, the ones we shield our for yielding. I plan to vote no on the include the television ratings of pro- children from, that this legislation bill. grams in the television guide so that seeks to penalize. Mr. GREEN of Texas. Mr. Chairman, parents see them when they look up This legislation was not born out of I rise in support of the Broadcast De- what is on television that day or that an isolated incident from a Super Bowl. cency and Enforcement Act of 2004, evening. It is not a hasty reaction to that at all. which is a bipartisan product of the

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.016 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1021 House Committee on Energy and Com- In Congress, we can get back to our truly hit these huge companies where merce and the Subcommittee on Tele- important things. And this I do agree it hurts. And one of the most impor- communications and the Internet. with my California colleague on reduc- tant provisions in the bill was added by Both the ranking member, the gen- ing the national debt, creating more my friend, the gentleman from Mis- tleman from Massachusetts (Mr. MAR- American jobs, expanding health care sissippi (Mr. PICKERING), the three- KEY) and our chairman, the gentleman for our needy children. strikes-and-you-are-out provision. It from Michigan (Mr. UPTON), have pro- The FCC has never been particularly allows broadcast licensees up to two duced a good bill incorporating ideas of motivated on the indecency cases, but broadcast indecency violations. On the a number of Members. in the last 3 years, complaints have in- third, proceedings for license revoca- Let me say in response to my col- creased so substantially, and after tion will begin. And this provision will league from California, I noticed a sub- these hearings, now the Commission make it clear that Congress is not stantial change in the last 2 months has seen a renewed interest in enforce- going to put up with multiple viola- with the Federal Communications ment, particularly, again, after the tors. Commission. And I will talk about that hearings. And hopefully our action Mr. Chairman, families are sick and a little bit. That without this legisla- today will get the Commission in an tired of worrying about what their tion increasing the penalties, without even more aggressive motion. children may see or hear every time the hearings we held, we would not see Again, the ranking member, the gen- they turn on television. They are frus- renewed vigor and renewed interest by tleman from Massachusetts (Mr. MAR- trated that the media and industry has the FCC enforcing the decency stand- KEY), the chairman, the gentleman seemingly been able to broadcast any ards. from Michigan (Mr. UPTON), the rank- type of behavior or speech they feel And so, that is why even though the ing member, the gentleman from will bring in advertising dollars. Mean- bill basically just increases the fines, Michigan (Mr. DINGELL), and our new while, they feel that the Federal Gov- what it did was it brought attention to chairman, the gentleman from Texas ernment has sided with the media the issue along with what has happened (Mr. BARTON) are to be commended on elites and turned a blind eye to the with our media outlets all across the their work here today. I urge my col- concerns of ordinary mom and dads. country, I think, culminated in with leagues to approve the legislation. To American parents, Congress has what I think my colleague from New Mr. Chairman, I would just briefly finally heard you. We will no longer England would agree, was a great say something about our immediate stand idly by on this topic. As one of Super Bowl football game, but was past chairman. I think all of us send our Members said, if the entertainment our prayers and our hope to the chair- eclipsed by what happened at half time. industry cannot police themselves, we man, the gentleman from Louisiana So, granted, this bill raises the pen- will do it for them. So I thank the gen- (Mr. TAUZIN) on his treatment and his alties, but it also brought the atten- tleman from Michigan (Mr. UPTON), I surgery for his illness that was an- tion of the regulators and a renewed thank the gentleman from Massachu- nounced this week. Again, as a Demo- vigor in enforcing the current law. setts (Mr. MARKEY), and the leadership crat, we worked together typically on It also includes an accountability in of the committee for moving this im- our committee, and all of us hope that the bill that allows broadcast TV affili- portant bill. the gentleman and his family are suc- ates to place liability for content pro- Mr. MARKEY. Mr. Chairman, I yield cessful in being treated. Again, I yield vided by the networks when the affili- 3 minutes to the gentleman from Mary- ates had little or no input on program- back my time. Mr. UPTON. Mr. Chairman, I yield 2 land (Mr. WYNN), who added two very ming. minutes to the distinguished gen- important amendments to this legisla- Again, I want to thank the chairman tleman from the State of Pennsylvania tion. and the ranking member for working Mr. WYNN. Mr. Chairman, I would (Mr. PITTS), a very active member on with me on this provision. We ought to this issue, an original cosponsor, one also like to thank the ranking member, make the penalties be where the people that has helped in many ways to get the gentleman from Massachusetts are making the decisions on the con- this bill to the floor. (Mr. MARKEY), for allowing me to have tent, and not someone who just hap- Mr. PITTS. Mr. Chairman, it is about this time. pens to have a license, who would not time that we act on broadcast inde- I rise in strong support of this piece want the Super Bowl. cency. First I want to commend and of legislation. I would also add in my The legislation also reaffirms the au- thank the chairman, the gentleman thanks to the chairman, the gentleman thority of the FCC to evaluate the li- from Michigan (Mr. UPTON) for his from Texas (Mr. BARTON) and my censes for television, radio, or broad- steadfast leadership on this issue. He thanks to the ranking member, the casters that repeatedly run afoul of has been one of the primary reasons for gentleman from Michigan (Mr. DIN- FCC’s indecency standards. Congress is its success. GELL) for working with me on some not creating a new standard for con- This is not a new issue. Parents have amendments that I do believe strength- tent for public airwaves, we are only been pleading with us to take action on en this bill. requiring that the current standards be this issue for years. Unfortunately, it I think this is a very important issue enforced in a meaningful way. took the use of the four letter word on for our country and our society. I do I think many radio and television network TV and Janet Jackson’s inde- not think Congressmen should be the broadcasters and cable and satellite cent exposure at the Super Bowl and overseers of morality, I do not think providers are taking significant steps Howard Stern’s foul and racist lan- Congress people are in a position to to respond to the American public on guage to push us into action. dictate censorship; but I do believe we this issue. Broadcasters are going to I, for one, am tired of parents telling are in a position to say that there convene a decency submit at the end of me how they need to cover their chil- ought to be some standards for decency this month. The sickest radio shock dren’s eyes and ears often too late be- in this country on broadcast TV. jock, Bubba the Love Sponge, is off the cause of the unacceptable language You see, unlike cable TV, which we air. The television networks are going that has infiltrated television and invite into our homes, broadcast TV is to delayed feed for live shows so we radio. For too long, we have told the ubiquitous. It is a public asset which will not have any accidents as we saw entertainment industry that the Fed- we give away free to broadcasters to at the Super Bowl. eral Government is unwilling to hold make a great deal of money. Because of The cable and satellite providers are them accountable for their actions. that relationship, I believe they should stepping up efforts to educate their Today we are saying enough is adhere to high standards of decency, customers about their ability to block enough. H.R. 3717 sends a clear signal particularly during family viewing out channels they do not want to re- to the entertainment industry, we are hours. That is why I think this bill is ceive. And I hope these industry ac- no longer going to stand idly by and so important. tions continue, and combined with our force our parents to put up with this I think the situation at the Super legislation, will cause the increasing filth. Bowl was only a small example of some indecency of broadcast content over H.R. 3717 is a good bill. Serious fines of the things that American families the past few years to be reversed. ensure that the FCC has the freedom to are concerned about. We have to ask

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.020 H11PT1 H1022 CONGRESSIONAL RECORD — HOUSE March 11, 2004 the question, will we sink to the lowest people I think do not realize is that FCC to hold a hearing to consider re- common denominator, the lewdest, H.R. 3717 was well on its way before the voking the broadcast station license, most lascivious type of content, or will antics that we witnessed during the the gravest of penalties for a broad- we say there are standards that have to Super Bowl half-time show. caster. That idea, among others, came be balanced. I think this bill says yes, In fact, the gentleman from Michigan from the gentleman from Florida (Mr. there have to be standards. (Mr. UPTON) and the gentleman from STEARNS). Let me tell you, from the Baptist Massachusetts (Mr. MARKEY) had al- Seventh and finally, the bill requires church to the barber shop, people are ready held a hearing on it before the the FCC to report annually to Congress saying this is the right thing to do. Super Bowl show occurred. But after on the progress it is making as a result This bill strengthens penalties against that event did occur, one thing is abso- of legislation. broadcasters and others who engage in lutely crystal clear: This bill answers Mr. Chairman, H.R. 3717 makes great indecent content, indecent speech over the call that we have heard from par- strides in our effort to clean up the public broadcast airwaves during fam- ents around the country, hundreds of broadcast airwaves and return them to ily hours. And I think it is very appro- thousands, if not millions of them, who the decent Americans of our country. I priate. are begging for some help. H.R. 3717 urge all of my colleagues to support it. I worked with other members, my will make living rooms safe again all Before I conclude, let me say that on colleague, the gentlewoman from New over America. the Schakowsky amendment I am Mexico (Mrs. WILSON), as well as my We have been bombarded in recent going to strongly oppose that par- colleague, the gentleman from Mis- past with indecent language and im- ticular amendment. I think it is abso- sissippi (Mr. PICKERING) on the Repub- ages over and over again. Between the lutely constitutional that performers lican side, to add some strengthening use of an expletive by Bono at the 2003 themselves can be held accountable in measures in this legislation. Specifi- Golden Globe Awards, Nicole Ritchie’s the first instance and not after the sec- cally, current law provides a presump- string of expletives at the 2003 Bill- ond instance after the so-called ‘‘warn- tion of license renewal. We should not board Awards, Janet Jackson’s infa- ing ticket’’ approach. So I will strongly have that presumption. We have now mous performance during the 2004 oppose the Schakowsky amendment modified that. There is no presumption Super Bowl half-time show, and innu- and then strongly support passage of if there is evidence of incidents of inde- merable instances of graphic sexual the final bill. cent broadcasting. broadcasts by radio ‘‘shock jocks,’’ par- I thank the chairman for his strong Similarly, routinely broadcasters ents want and demand help. leadership on the bill. have their licenses renewed. We believe There is a clear need to provide the Mr. MARKEY. Mr. Chairman, I yield that after three strikes, there ought to FCC with increased authority to hold 4 minutes to the gentlewoman from be an automatic revocation proceeding all parties responsible for their actions. Los Angeles, California (Ms. WATSON). in which the merits of your conduct H.R. 3717 targets broadcast indecency Ms. WATSON. Mr. Chairman, very are examined before your license is re- by doing the following: Number one, it quickly, I want all to know that I rise newed. raises the maximum penalty cap for in support of H.R. 3717, the Broadcast As I said at the onset, this is a very broadcast stations, networks, and per- Decency Enforcement Act of 2004, but I important issue for our society. It de- formers to $500,000 for each indecency am sorry that this was a closed rule on scribes the type of people we are. We violation. that bill. There are a couple of points I are not censors, we are not morality Number two, it sets out specific fac- wanted to make. police, but we are fair and decent peo- tors the FCC must consider when set- I have received a letter from the ple who care about what our children ting fines so that the FCC must exam- American Federation of Television and see and what they are exposed to. ine whether the violator is a small or Radio Artists on behalf of 80,000 actors, This bill, I think, strikes a proper large broadcaster, a company or an in- broadcast journalists, announcers, disc balance by giving some real teeth to dividual, and what entity is responsible jockeys, and sound recording artists the enforcement process and providing for the indecent programming. saying that they are asking us to re- incentives for broadcasters to be more ject the provisions of the bill that conscious, to be more aware of public b 1115 would fine individual performers and sensibilities. I think we have done the Three, it streamlines the FCC en- announcers for the programming deci- right thing. I am very proud and forcement process for networks and in- sions controlled and implemented by pleased to support this legislation. dividuals who ‘‘willfully and inten- the broadcast licensees. And I would Mr. UPTON. Mr. Chairman, I yield 5 tionally’’ put indecent material over ask my colleagues to think about that minutes to the gentleman from Texas broadcast airwaves so that the FCC can particular provision. I understand we (Mr. BARTON), the distinguished chair- prosecute on the first instance, instead have already voted on the rule. man of the Committee on Energy and of having to wait for a second viola- The next point I wanted to make is Commerce, my friend and colleague. tion. Now everyone, including per- that since the FCC has already allowed (Mr. BARTON of Texas asked and formers, will be held responsible for the major networks to own up to 45 was given permission to revise and ex- their action from the get-go. percent of the market, I feel that that tend his remarks.) Four, the bill requires the FCC to is the root cause for some of this inde- Mr. BARTON of Texas. Mr. Chair- complete an action on indecency com- cency that we hear through the media. man, I rise in strong support of H.R. plaints within 270 days of receipt so And it is important for us to recognize 3717, the Broadcast Decency Enforce- that complaints do not languish at the that this bill taps into the underlying ment Act of 2004. And I want to com- FCC. In addition to collecting fines for anger of over 2 million individuals who pliment the subcommittee chairman, indecency, the bill gives the FCC the wrote to the FCC last summer opposing the gentleman from Michigan (Mr. authority to require broadcasters to its relaxation of media ownership UPTON) and the ranking member, the air public service announcements to re- rules. And I just want to mention some gentleman from Massachusetts (Mr. verse harm from indecent program- shocking statistics that illustrate the MARKEY) for their strong leadership on ming. connection between indecency and this issue as well as the ranking full This is an idea that came from the media concentration. committee member, the gentleman gentleman from Massachusetts (Mr. The 1996 Communications Act cleared from Michigan (Mr. DINGELL). They MARKEY), and it is a very good idea. the way for relaxing some media own- have all worked very well and very Five, it requires the FCC to take in- ership limits. Since then, complaints positively on this very important legis- decency violations into account during received by the FCC regarding indecent lation. license applications, renewals and programs on television have jumped This bill has strong bipartisan sup- modifications. from 26 in the year 2000 to 217 in the port, 145 cosponsors in the House. It This idea came from the gentle- year 2003. Clear Channel Communica- was reported out of the committee last woman from New Mexico (Ms. Wilson). tions Incorporated, the Nation’s larg- week 49 to 1. The bill has been dubbed Number six, after three indecency est radio chain with 11 percent of the the ‘‘Super Bowl Bill,’’ but what many violations, the bill would require the Nation’s total studios and stations, has

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.022 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1023 received about 52 percent of the fines egon (Mr. WALDEN), who offered a very Mr. RUSH. I yield to the gentleman that the FCC has imposed. Viacom’s constructive bipartisan amendment from Michigan. Infinity station, about 2 percent of all that is part of the package of this bill. Mr. UPTON. Yes, I do. The testimony stations, has received 28 percent of the Mr. WALDEN of Oregon. Mr. Chair- was provided by Brent Bozell, Presi- FCC’s fines. So the fact is when big man, I thank the gentleman for his dent of the Parents Television Council. media gets bigger and the race for au- work on this legislation. The FCC claims, however, that they no diences turns to the lowest denomi- I want to acknowledge up front that longer adhere to that policy. nator in trash programming to appeal I am a broadcast licensee, owner and Mr. RUSH. I understand that it is the to the broadest possible audience, operator of five radio stations, and I FCC’s official position; however, unfor- those conglomerates move further am very supportive of this bill in this tunately, the FCC’s claim is incorrect. away from quality programming and form. According to a March 2, 2004, letter the principles of ‘‘diversity, localism It was time that the broadcast com- from Chairman Powell to the ranking and competition’’ crucial for the serv- munity cleaned up the airwaves, that member, the gentleman from Michigan ice of the public interest. owners took the responsibility to make Finally, I was in support of the (Mr. DINGELL), since 2001 the commis- sure that the talent on their shows op- sion has dismissed 170 complaints for Schakowsky amendment that would erated within the bounds of the law. It have exempted individuals from in- lack of a tape or transcript, including is important to note that this legisla- six already this year, 2004. creases in indecency fines. And hearing tion does not change the standards from the industry, they are very upset that have always been on the books Does the gentleman agree that this about the possibility. So I am hoping and recognized by the courts when it policy places an enormous and inappro- that we can clear up some of these comes to clean talk on the airwaves. priate burden on consumers who sim- issues in another piece of legislation. This legislation, though, gives the ply wish to file a complaint about inde- Mr. Chairman, I rise in support of H.R. FCC the fining authority it needs to cent broadcast? 3717, the Broadcast Decency Enforcement deal with egregious violations of the Mr. UPTON. I agree with the gen- Act of 2004. While I support giving the Federal law and also the incentive it needs to tleman from Illinois (Mr. RUSH), con- Communication Commission greater authority act, and act more appropriately. sumers should not be forced to record in the enforcement of indecency rules, I don’t For those of us who are small-com- every program that they watch or lis- believe it addressed the root cause of inde- munity broadcasters, it also recognizes ten to in order to submit a complaint cency in media, namely, the current trend of that the fine should fit and the punish- to the FCC alleging indecent content. unfettered media conglomeration and its im- ment should be fair; and, therefore, it It is an outrage that the FCC continues pact on creative voices. recognizes both the role of affiliates its practice of dismissing consumer I think it is important for us to recognize that and their liabilities versus those pro- complaints for lack of a tape or tran- this bill taps into the underlying anger of the viding the programming, as well as script. over 2 million individuals who wrote to the having the FCC recognize market size Mr. RUSH. I appreciate the gentle- FCC last summer opposing its relaxation of when levying fines. Because, indeed, a man’s concern, Mr. Chairman, on this media ownership rules, individuals who were fine of a half a million dollars on a matter. Do you agree that our com- truly turned off by a dumb-down media culture small-market broadcaster could spell mittee must closely watch this issue that has failed to serve the public interest. The bankruptcy, when on a large conglom- and urge the FCC to change its policy bottom line is, a consolidated media market erate, it may be just another cost of statement in this matter? controlled by profit-driven conglomerates are doing business. bound to produce indecent, shock-value pro- Mr. UPTON. I agree with the gen- I want to conclude my remarks this gramming for the sake of viewership. tleman from Illinois (Mr. RUSH). morning by having Americans and I just want to mention some shocking statis- The committee will closely monitor tics that illustrate the connection between in- Members in this Chamber recognize the FCC’s action to ensure that the decency and media concentration. The 1996 fully that the actions that are taken FCC actually changes their policy in Telecommunications Act cleared the way for by some broadcasters are not the ac- that regard, and I thank the gentleman relaxing some media ownership limits. Since tions taken by most broadcasters. Al- for bringing this to our attention; and then, complaints received by the FCC regard- lowing indecent, profane, and obscene I look forward to working with him on ing indecent programming on television have language on stations is something this issue to make sure that that jumped from 26 in 2000, to 217 in 2003. Clear most of us find offensive, just as most change, in fact, is made in order. Americans do. Broadcasters have made Channel Communications Inc., the Nation’s Mr. RUSH. I thank my good friend enormous contributions to their com- largest radio chain with 11 percent of the Na- and chairman of the Subcommittee on munities, raising money for charity, tion’s total stations, has received about 52 Telecommunications and the Internet helping in emergencies, and providing percent of the fines the FCC has imposed. for his concern and assurance on this that vital communication link. Viacom’s Infinity Stations, about 2 percent of matter. all stations, has received 28 percent of the Mr. Chairman, I support this bill. I thank the Chairman for his support of That said, Mr. Chairman, I rise in FCC’s fines. support of H.R. 3717. For the past The fact is, when big media gets bigger, the amendments that were included. Mr. MARKEY. Mr. Chairman, I yield month, the Committee on Energy and and the race for audiences turns to the lowest Commerce has held numerous hearings denominator in trash programming to appeal 6 minutes to the gentleman from Chi- cago, Illinois (Mr. RUSH). on the issue of broadcast indecency. In to the broadest possible audience, those con- those hearings, we heard from the FCC glomerates move further away from quality Mr. RUSH. Mr. Chairman, I want to commissioners and the broadcasters on programming and the principles of ‘‘diversity, thank the ranking member for yielding the enforcement of indecency rules. It localism, and competition’’ crucial for the serv- me time. became clear that the FCC has been ne- ice of public interest. I want to engage in colloquy with the That is why the Senate this week adopted chairman of the subcommittee, the glectful in its duty in enforcing inde- a provision to impose a 1-year moratorium on gentleman from Michigan (Mr. UPTON). cency rules. From 2000 to 2003, the com- the FCC’s new media-ownership rules pending During a recent subcommittee hear- mission has received 255,000 complaints the outcome of a new GAO study on the con- ing on broadcast indecency, we heard on the subject of indecency, yet the nection between media indecency and owner- testimony that it is the Federal Com- commission had filed less than 10 no- ship. I am very disappointed that a similar munication Commission’s policy that tices of apparent liability. To add in- amendment offered by the gentleman from persons submitting complaints alleging sult to injury, since its existence, the New York (Mr. HINCHEY) was rejected by the indecent broadcast must submit a tape, commission has yet to fine a broad- Rules Committee. Mr. Chairman, while I am transcript, or significant excerpt of the caster for airing language that is ob- prepared to vote for the bill, I strongly urge alleged indecent content or risk having scene and profane. this Chamber to allow a thorough debate on the complaint dismissed. As we can see, there has been a dere- the issue of media consolidation. Do you recall that testimony? liction by the FCC of its duties. Some Mr. UPTON. Mr. Chairman, I yield Mr. UPTON. Mr. Chairman, will the have argued that the commission needs 11⁄2 minutes to the gentleman from Or- gentleman yield? additional authority from Congress to

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.024 H11PT1 H1024 CONGRESSIONAL RECORD — HOUSE March 11, 2004 make a serious effort to stop inde- this committee on the detrimental effects of vi- provide much more public education cency. That said, Mr. Chairman, I be- olence in the media as it relates to our chil- about this technology in TV sets so it lieve that H.R. 3717 will give the com- dren. is easier for parents to be able to figure mission the ammunition it needs to do And lastly, as we give the FCC this in- out how to program it and to provide just that. creased power, I would like us to consider giv- just the level of protection which they The bill not only increases fines but ing preference to socially and economically want for the children in their home, at compels the FCC to use its renewal and disadvantaged groups for the purchase of the whatever particular age they may be. revocation processes to go after licens- revoked licenses. I also challenged the television net- ees, and it compels the FCC to act in a Again, I urge members on both sides of the works to consider a couple of sugges- timely manner regarding consumer aisle to vote in favor of H.R. 3717, the Broad- tions with respect to the broadcast of complaints. cast Decency Enforcement Act. the ratings icon on the screen. I re- Mr. Chairman, I would be remiss if I b 1130 quested that the TV ratings icon ap- did not discuss the pervasiveness of pear not only at the top of a show but violent programs on our airwaves. Dur- Mr. UPTON. Mr. Chairman, I yield 2 also after commercial breaks when the ing our month-long hearing discussing minutes to the gentleman from Geor- show resumes. That is because a lot of this issue, I offered and withdrew an gia (Mr. GINGREY). times people turn on the show after it amendment that would have required (Mr. GINGREY asked and was given has already started and they have no the FCC to include excessive violence permission to revise and extend his re- idea what the rating is. So I have asked in its definition of indecency. marks.) them to actually put on the rating at Mr. GINGREY. Mr. Chairman, I rise Study after study has shown that each commercial break as well so that today in support of H.R. 3717, the there may be a causal link between vi- parents can see what the level of the Broadcast Decency Enforcement Act of olence in the media and violence in so- rating is and make an adjustment for 2004, and compliment my colleagues on ciety. their own particular families. Mr. Chairman, I am pleased that the both sides of the aisle, especially the I also requested that the networks gentleman from Michigan (Mr. UPTON) gentleman from Michigan (Mr. UPTON) add a voice-over when the ratings ap- and the gentleman from Massachusetts and the gentleman from Massachusetts pear to also better alert parents. The (Mr. MARKEY), the ranking member, (Mr. MARKEY), for bringing this impor- ABC television network readily agreed have agreed to hold a separate hearing tant legislation to the Congress. to both suggestions, as did Bud Paxon on this issue. Such a hearing is needed Our Nation’s television and radio air- on behalf of his PAX network. The to focus the collective attention of this waves have increasingly become inun- other three major networks, Fox, NBC committee on detrimental effects of vi- dated with indecent, obscene, and pro- and CBS, have indicated that they are olence in the media as it relates to our fane material. The recent Super Bowl considering it but have not yet com- children. half-time show was only the latest in a mitted to doing so. I hope that they Again, I urge Members on both sides string of incidents to make front-page join ABC in doing it because I think it of the aisle to vote in favor of this won- headlines. Other performers, celeb- is helpful, quite frankly, to give par- derful bill, H.R. 3717, the Broadcast De- rities, and shock jocks have coarsely ents this kind of additional informa- cency Enforcement Act. invaded our homes with their language tion. Mr. Chairman, I rise in support of H.R. and their antics. 3717, the Broadcast Decency Enforcement Networks and entertainers must ac- It does not detract from any net- Act. For the past month the Energy and Com- knowledge that our liberties also re- work’s ability to be able to put any merce Committee has held numerous hear- quire responsibility and that avoidance programming on that they want. It ings on the issue of broadcast indecency. In of this responsibility places our family just gives parents the information they those hearings we heard from the FCC Com- and our children at risk. need in order to shield their children missioners and the broadcasters on the en- These incidents involving profanity, from material which they believe may forcement of the indecency rules. It became lewd behavior and language have been be inappropriate. clear that the FCC had been neglectful in its occurring with only a slap on the wrist I also challenged the cable industry, duty in enforcing indecency rules. From 2000 or no response at all from the FCC. in addition to increasing their public to 2003 the Commission had received 255,000 With current allowable fines of only a service advertisements, to increase complaints on the subject of indecency yet the maximum of $27,500 per violation, there consumer awareness of the provisions Commission had filed less then ten notices of is very little incentive for broadcasters of the 1992 Cable Act that permits any apparent liability (NAL’s). To add insult to in- to follow the regulations when the re- cable subscriber in America to request jury, since its existence the Commission has wards of higher ratings, due to their se- that the cable company block any one yet to fine a broadcaster for airing language lection of programming, far outweigh of the cable programs that they believe that is obscene or profane. As you see, there those costs. is inappropriate for their family. It is a has been a dereliction by the FCC of its du- H.R. 3717 will put some teeth behind right that every American has in terms ties. Some have argued that the Commission the FCC’s enforcement of their stand- of their relationship with their cable needs additional authority from Congress to ards of indecency by increasing the company, but no more than 1 percent make a serious effort to stop indecency. That maximum amount of fines to $500,000 of all Americans even know they have said, I believe H.R. 3717 would give the Com- per violation and will allow them to the right to have any one of these indi- mission the ammunition it needs to do just enforce their current regulations in a vidual cable channels blocked from that. The bill not only increases fines but com- swift and fair manner by removing the coming into their home, even if they pels the FCC to use its renewal and renova- warning after a first offense and a have bought the whole other part of tion processes to go after licensees and it capped maximum fine of only $11,000 the cable package. compels the FCC to act in a timely manner re- after the second offense. I believe that if the cable industry garding consumer complaints. We must provide the FCC with the made it clear in their bills, the infor- I would be remiss if I did not discuss the authority that they need to combat mation they give to consumers, that pervasiveness of violent programming on our this wave of indecency. Our families millions of American families would be airwaves. During our month long hearing dis- and our children deserve nothing less. much happier if they could take the cussing this issue I offered and withdrew an I urge my colleagues to support H.R. whole cable package and then delete a amendment that would have required the FCC 3717. couple of channels that they believe to include excessive violence in the definition Mr. MARKEY. Mr. Chairman, I yield were too offensive for their young chil- of indecency. Study after study has shown myself 3 minutes. dren and their family. I think it can be that there may be a causal link between vio- I just wanted to point out that I have a real step forward, and I have received lence in the media and violence in society. I requested that the television industry some very encouraging information am pleased that Chairman UPTON and Rank- increase its public service advertise- from some of these cable networks that ing Member MARKEY have agreed to have a ments about the television rating sys- they will provide that option. separate hearing on this issue. Such a hearing tem, and I am happy to report that Mr. Chairman, I reserve the balance is needed to focus the collective attention of many in the industry have agreed to of my time.

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.026 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1025 Mr. UPTON. Mr. Chairman, I yield 2 I also commend my good friend from do want to add my compliments to the minutes to the gentleman from Vir- Michigan (Mr. UPTON). He has served in gentleman from Massachusetts’ (Mr. ginia (Mr. FORBES), a cosponsor of the this body with distinction and has pro- MARKEY) efforts and the gentleman legislation. vided extraordinary leadership here, from Michigan’s (Mr. DINGELL) and Mr. FORBES. Mr. Chairman, I rise also. others. I think for the first time we today in strong support of H.R. 3717 I congratulate the gentleman from have very clearly approached the root and the gentleman from Michigan’s Texas (Chairman BARTON) for his new cause of this. (Mr. UPTON) efforts to pass this act. position and for his leadership in shep- As the gentleman from Michigan (Mr. Over the last several months, I have re- herding H.R. 3717 through the com- UPTON) and others have spoken, the ceived hundreds of letters from frus- mittee process. broadcasters who have allowed the trated constituents expressing their This is a bill which is bipartisan; and creeping profanity and indecency to outrage over obscenity on our air- the committee has worked well in a bi- enter our airwaves have done so on the waves. partisan fashion which does great cred- basis of a conscious decision they have They tell me it seems that every it to the Members, and particularly the made, that is, they are trading that time they turn on their television or leadership of the committee, for having kind of language for the added revenue radio they have to cover their chil- done so. that comes from increased ratings. The dren’s eyes and ears to protect them Our constituents are fed up with the gentleman from Michigan’s (Mr. from profanity and obscenity. It is a level of sex and violence on television UPTON) bill significantly increases the disturbing feeling when one is afraid to and radio, as well as the lax attitude of penalties for violation of existing FCC leave their living room to check on the Federal Communications Commis- rules and regulations; and in that re- dinner for fear that their children sion’s handling of decency complaints. gard, I hope that it will go a long way might be exposed to gross obscenity on Clearly, the commission has been towards abating this kind of activity. television. asleep at the switch for some time. I have always felt that addressing the My youngest child is still in high The bill sets a deadline by which the bottom line of our licensees would be school; and as a dad, I would like to be commission must act on consumer in- an effective means of influencing their there all the time for him, to turn off decency complaints. It raises the pen- behavior, and I hope this works accord- the television, to talk to him about alties for that kind of misbehavior. It ingly. I do think there remains a cer- why people say the things they do and makes these matters subject to review tain uncertainty as it relates to how to provide the guidance he needs; but in connection with license renewal, or the broadcasters shall address this we all have busy lives, and we know makes it possible for the commission issue having to do with exactly what is that it is not possible to be there every to do what they have now the power to profane or what is not profane. I sus- minute. As parents and as citizens, we do; and it encourages them so to do by pect that we will be dealing with that should not be forced into a constant seeing to it that this matter will be either with regulation at the FCC or battle to protect our children from ob- raised also at the time of license re- here on the floor by statute in the days scenity. We should have confidence newal. to come. that basic standards of common de- The bill raises fines by a significant It is really remarkable to see the cency will be upheld. amount. That is good. It also requires connection between, if you will, the Several years ago, the Super Bowl the commission to report annually to outside world or the private side, how half-time show featured characters the Congress on the handling of these our constituents communicate with from Disney and Peanuts. As we all matters, something which will perhaps those of us elected to the House or the know, this year’s Super Bowl half-time alert them to the need to proceed with Senate, in some cases, react to certain was quite the opposite. While there was greater vigor. instances, and what actually tran- a time when parents would be happy to I applaud the fact that the commis- spires. As with many of the Members see their children emulate their role sion has developed a remarkable and here, I have received not dozens, but models on the playground, today that acute sense of newly found virtue. This hundreds, of communications regarding would be a horrifying sight. is good, and it is my hope that the the, as the gentleman from Georgia commission will remain awake, alert With each inappropriate incident, (Mr. GINGREY) said, the creeping pro- and vigilant, although their history is networks weaken our standards of de- fanity. cency and blur our children’s sense of significantly against that kind of pros- This is a great step in the right direc- propriety. This legislation will hold pect. tion. I applaud the chairman for bring- In any event, I look forward to the broadcasters accountable by ensuring ing it forward, and I thank him for the bill being enacted into law. I commend that fines for broadcast indecency are time. not seen as just a cost of doing busi- my colleagues for the work they have Mr. MARKEY. Mr. Chairman, I yield done. I look forward to the prospect ness. It has become much easier for 21⁄2 minutes to the gentleman from that this is going to see to it that free, broadcasters to ask for forgiveness North Carolina (Mr. PRICE). rather than permission. over-the-air television will be some- (Mr. PRICE of North Carolina asked At this point, our mandate as legisla- thing which we can see to it that our and was given permission to revise and tors is clear: stand up against the con- families in this country can have their extend his remarks.) tinued decline in standards of broad- children watch television without hav- Mr. PRICE of North Carolina. Mr. cast indecency and pass H.R. 3717. ing to worry about the kind of situa- Chairman, I rise today in support of Mr. MARKEY. Mr. Chairman, I yield tion that they will confront in terms of this bill, but it is only a partial step in 4 minutes to the gentleman from decency, profanity and other things the battle to clean up our airwaves. Michigan (Mr. DINGELL), who is the which are unseemly and unsuited to By increasing fines for broadcasters, ranking member of the full committee. the way in which most American par- we are addressing only a symptom of (Mr. DINGELL asked and was given ents wish to raise their kids. the problem, not the cause. We cannot permission to revise and extend his re- I urge my colleagues to support the ignore the correlation between inde- marks.) bill. I, again, commend my colleague, cency on our airwaves and the in- Mr. DINGELL. Mr. Chairman, with the gentleman from Massachusetts creased concentration of media owner- thanks I accept 2 minutes from my (Mr. MARKEY), and the others for the ship. It is not a perfect correlation, but dear friend. outstanding job which they have done it is a strong one. First of all, Mr. Chairman, I rise in in presenting this bill to the House, In recognition of that, our colleagues support of the legislation. and I urge my colleagues to support it. in the other body have improved this Second of all, I congratulate my dear Mr. UPTON. Mr. Chairman, I yield 2 bill in several ways. I wish our col- friend, the gentleman from Massachu- minutes to the gentleman from the leagues in this Chamber had followed setts (Mr. MARKEY), for his outstanding good State of California (Mr. OSE). suit. leadership in this matter. He has been Mr. OSE. Mr. Chairman, I thank the long interested in this matter and has gentleman from Michigan for the time. b 1145 provided remarkably good leadership I rise today in support of the legisla- First, the gentleman from New York in this matter. tion that he has brought to the floor. I (Mr. HINCHEY) and I pushed for an

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.028 H11PT1 H1026 CONGRESSIONAL RECORD — HOUSE March 11, 2004 amendment, not made in order, unfor- itors television broadcasts, filed 85,000 plaints that were filed regarding inde- tunately, which would have addressed complaints about broadcast obscenity cency at the FCC in the year 2003. As a the true effects of media consolidation and indecency with the Federal Com- result of those 240,000 complaints, only before moving forward with the FCC’s munications last year. three notices of violations, with mini- newly relaxed rules. This amendment, The networks have pushed the limits mal fines, were ever compacted. So, es- introduced by Senator DORGAN and of decency to the point that family-ori- sentially, complaints of indecency have adopted in committee, calls for a GAO ented programs and enjoyable Amer- been largely ignored. study, and it stays the new rules pend- ican pastimes, such as the Super Bowl, Also, this is a reaction to the fact ing the completion of that study. I are no longer safe for our children to that Bono issued four epithets and no wish the leadership in this Chamber watch. violation was found because he used had allowed us to offer the same. Unfortunately, the FCC has given these as adjectives. So also the FCC Secondly, the Senate Commerce television and radio stations too much has suspended no broadcast licenses in Committee also adopted an amend- power to broadcast behavior or lan- the history of its existence. ment, sponsored by Senator HOLLINGS, guage they believe will bring in the The Super Bowl half-time show, I which would take steps to ensure that high ratings or advertising dollars. think, did serve a purpose because it parents can use V-chips to block vio- This undermines standards of common offended mainstream America. It gave lent programming. The bill would re- decency and impedes the ability of par- tracks to the bill, and the outcry quire either that programs be rated for ents to raise their children free from reached unparalleled proportions. content, so that they may be filtered exposure to profane language. I feel that the strength of a Nation is with the V-chip, or that a ‘‘safe har- Low fines for indecency only encour- measured by its adherence to standards bor’’ family hour be created so that age more indecency. It has become ap- of decency and civil discourse. During violent programming is simply not parent some performers will accept a the last few years, we have been em- televised when children are likely to be small fine for offensive and crude be- barked, as many have said, on a race to watching. My colleagues, the gen- havior in return for the media atten- the bottom. The standard of decency in place for roughly 200 years of our Na- tleman from California (Mr. BACA) and tion its creates. This is one of the rea- tion’s history has been shattered, and the gentleman from Nebraska (Mr. sons I support this legislation that in- creases fines for indecent language on this has been an alarming trend. OSBORNE) and I have introduced a com- DeTocqueville said, ‘‘America is radio and television. panion bill in this Chamber. great because America is good.’’ One of Mr. Chairman, at the root of all these Mr. Chairman, this is not a constitu- the greatest threats to our culture is efforts is the undeniable fact that we tional issue. The Supreme Court has that America will no longer be a de- are losing control of our airwaves. I upheld the FCC’s authority to regulate cent, moral, good society. This bill will broadcasts. In fact, the court said ‘‘Of hear from constituents all the time help reverse an alarming trend. I urge all forms of communication, broad- saying, ‘‘Where are the standards? How passage, and I would like to thank the casting has the most limited first can I shield my children from inappro- committee, and particularly thank the amendment protection. Among the rea- priate programming? And why are the authors. people who put this on the air not held sons is that broadcasting is uniquely Mr. UPTON. Mr. Chairman, I yield accountable?’’ accessible to children.’’ 21⁄2 minutes to the gentlewoman from The entertainment industry has be- They are right. Our communities vir- New Mexico (Mrs. WILSON), another tually have no say in the quality of the come increasingly isolated from the original cosponsor of the legislation. programming they are subjected to on American people. We are still a Nation Mrs. WILSON of New Mexico. Mr. broadcast television. And the network that believes in standards of common Chairman, I want to thank the chair- executives in L.A. or New York do not decency and respect for traditional val- man and the ranking member for their seem to feel they owe them anything. ues. This bill will help us uphold those leadership on this issue in bringing this As big media conglomerates get big- values. bill so rapidly to the floor. ger, they are sinking to new lows. We Mr. MARKEY. Mr. Chairman, could The Federal Communications Com- are witnessing a race to the bottom as the Chair tell me how much time is re- mission plays a very important role in these networks seek to expand their in- maining on either side? protecting Americans, and particularly fluence through shock value instead of The CHAIRMAN. The gentleman children, from indecent programming. quality programming. from Massachusetts (Mr. MARKEY) has The FCC has the statutory authority The Super Bowl was only one exam- 121⁄2 minutes remaining, and the gen- to enforce the laws that are on the ple, Mr. Chairman. CBS may blame tleman from Michigan (Mr. UPTON) has books, but their enforcement has been MTV for its infamous half-time spec- 22 minutes remaining. inadequate and the tools that they tacle, but the common denominator for Mr. MARKEY. Mr. Chairman, I re- have had at their disposal have also both networks is their owner, Viacom. serve the balance of my time. been insufficient. This bill today will And the ‘‘wardrobe malfunctions,’’ or Mr. UPTON. Mr. Chairman, I yield 2 help to change that situation. whatever you want to call these epi- minutes to the gentleman from Ne- This legislation increases the fines sodes, will not stop there. braska (Mr. OSBORNE), not only an from what was really a trivial amount, If we are serious about cleaning up original cosponsor of this legislation, a cost-of-doing-business kind of fine, to our airwaves, we need to do what the but also one that came, before the a maximum of $500,000 per violation. It American people are demanding: Give Super Bowl, who sat through our first also says that a broadcast company’s them back their local media. And we hearing, way back in January, to sit record of indecency will be a factor need to do much more than impose with the audience. when they apply to continue to get fines on the broadcasters that, even if Mr. OSBORNE. Mr. Chairman, I par- their free over-the-air license contin- they are increased, are hardly going to ticularly want to thank the gentleman ued. And I hope that that gets the at- make these corporations bat an eye. from Massachusetts (Mr. MARKEY) for tention of the companies that are push- Mr. UPTON. Mr. Chairman, I yield 2 introducing this bill. I think that is ing the envelope with respect to inde- minutes to the gentleman from Texas standard fare. You always thank people cency. (Mr. SMITH), an original cosponsor of who author these. But, believe me, this It also increases the expectations for the legislation. is something that many citizens across enforcement by the FCC. We have Mr. SMITH of Texas. Mr. Chairman, this country greatly appreciate be- heard the numbers and the statistics, first of all, I would like to thank the cause it actually introduces some which are appalling, regarding the en- gentleman from Michigan (Mr. UPTON) meaningful penalties for indecency, forcement of these laws. Some of the for yielding me this time, but also for something that has been lacking for a complaints go unanswered or introducing this legislation. long time. unaddressed for years. This bill estab- Mr. Chairman, the broadcast of offen- This bill, as I see it, is not really a lishes a shot clock of 270 days where sive language is a growing and dis- reaction to the Super Bowl half-time the FCC has the obligation to take ac- turbing trend. Members of the Parents show, as maybe the chairman pointed tion when there is a complaint for in- Television Council, a group that mon- out. It is a reaction to the 240,000 com- decency.

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.038 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1027 I also think that this bill makes very system so far out of the reach of aver- The underlying cause of indecency in clear, and this effort should make age citizens, who resent seeing this the media and other problems that we clear, that local affiliates have the garbage. are witnessing as Americans in our right to decline to air programming Until the Congress acts on that, it electronic media particularly across which is inconsistent with community will be simply dealing with window the country is the incredible consolida- standards, even when it is not indecent dressing. tion of the ownership of the airwaves or profane. In the hearings in our com- Mr. UPTON. Mr. Chairman, I yield 2 into fewer and fewer hands. mittee, we heard about local affiliates minutes to the gentleman from Mis- On June 2, the chairman of the Fed- who felt as though they really did not sissippi (Mr. PICKERING), an original co- eral Communications Commission, Mr. have the leverage within the networks. sponsor of the bill and, more impor- Powell, led an effort that was endorsed This legislation shows they do have the tantly, a fellow dad. by his two Republican colleagues and leverage, they can exercise it, and we Mr. PICKERING. Mr. Chairman, I opposed by the two Democrats which also will punish the networks if they commend you for your work, the whole moved that consolidation effort even fail to follow the law. House, the ranking member, the gen- further so that now we are facing a sit- Mr. Chairman, I believe we have al- tleman from Michigan (Mr. DINGELL) uation whereby in any service area ready had an effect on this industry. and the gentleman from Massachusetts across the country, one corporation FCC enforcement was lax and, when (Mr. MARKEY) for their good work, the can own almost all of the radio sta- imposed, was largely symbolic. We are bipartisan work in response to what we tions, almost all of the television sta- changing that. But the real change will have seen across the country, and that tions, the one daily newspaper and the come in the board rooms and the gen- is a rising up of outrage of families and cable television station, giving that eral managers’ offices and broadcast individuals saying ‘‘enough.’’ corporate entity the power to control studios across this country when peo- Our Nation is better than this. We not only the entertainment but the ple decide to be responsible and to en- can do better than this. In our public critically important information that tertain rather than denigrate. airwaves and in the public square we goes to the people who are served in Mr. MARKEY. Mr. Chairman, I yield can be decent. We do not have to glo- that area. 2 minutes to the gentleman from Wis- rify what is indecent. We do not have Mr. Powell’s action is not a new phe- consin (Mr. OBEY). to be profane. We can entertain and en- nomenon. This is something that we Mr. OBEY. Mr. Chairman, this bill lighten without going to the worst have been witnessing in this country certainly is fine, as far as it goes, but among us or to the lowest common de- since the mid-1980s. In fact, it was the the fact is that higher fines are going nominator. Reagan FCC back in 1987 which began to do nothing to mitigate the real Today, we are passing legislation this consolidation effort in earnest. problem, which is the concentration of that reaffirms long-established con- They also did something else: they took from the American people the power in the hands of a limited number stitutional standards of decency, and right of ownership of the airwaves. Up of large corporations that believe they we are saying to the networks, and we to that point, we had something called are outside the reach of the commu- are saying to the radio stations, you the equal access clause or the fairness nities they serve. need to do better. There will be three doctrine, which allowed American citi- Communities determine standards of strikes, three opportunities, and if you zens if they disagreed with a political decency, and the most effective en- violate the decency standards three viewpoint expressed by the owner of a forcement of those standards is times, then you are in danger of losing radio or television station to have that through local ownership of television your rights and privileges as a licensee. right expressed. But that right was and radio stations. FCC fines, even in We are increasing the fines to say that the millions, will not stop national taken away in 1987 by the Reagan FCC, there will be a cost, a significant cost and that deprivation has been endorsed broadcasters from lowering standards. of ignoring the common standards of Infinity stations, for instance, were by this FCC. That is what needs to decency. change. If we want indecency in the fined $1.7 million to settle a series of We hope that through this effort, we indecency cases, but that did not stop media, we have to attack what is really will see more corporate responsibility, indecent, and what is indecent is this them. On the contrary, just last year, as well as the common good and public they were fined for a radio contest for consolidation that is increasing and de- responsibility to bring our standards stroying the independence of the air- couples willing to perform sexually in back up; to affirm it, to establish public places in New York, Wash- waves. standards over responsibility, and then Mr. UPTON. Mr. Chairman, I yield 2 ington, D.C., and other cities with a have enforcement mechanisms of ac- minutes to the gentleman from Vir- different radio announcer following countability. ginia (Mr. GOODLATTE). each couple and providing the play-by- b 1200 (Mr. GOODLATTE asked and was play accounting of the activities. given permission to revise and extend Mr. Chairman, this is good legisla- The House tried to do something his remarks.) about the core problem when it adopt- tion and in the best spirit of the Na- Mr. GOODLATTE. Mr. Chairman, I ed, in a bipartisan manner, the Com- tion. We are decent people and a good rise in strong support of H.R. 3717, the merce, State, Justice appropriations Nation; and we want to maintain, pre- Broadcast Decency Enforcement Act of bill, which had a provision to prevent serve and protect that, for the country 2004, and I commend the gentleman the FCC from relaxing the established and our culture, for our communities from Michigan (Mr. UPTON) for his limits on network-owned television and our families. leadership on this issue. stations, and the Senate did the same Mr. Chairman, I commend the gen- Like many Americans, I was appalled thing. But at the last moment, in the tleman from Michigan for the bipar- to see the lack of enforcement of our dead of night, the White House con- tisan spirit in which this is done, and Nation’s Federal obscenity laws after vinced Republican congressional lead- look forward to having this legislation the incident at the Golden Globe ers to cave in to the special interest passed and signed into law. Awards program last January. Since media conglomerates and they agreed Mr. MARKEY. Mr. Chairman, I yield that incident, the media has been en- to weaken the provision. 2 minutes to the gentleman from New gaged in an escalating race to the bot- So by all means, pass this bill, if you York (Mr. HINCHEY). tom to shock viewers. Most recently, want. It will perhaps have a minor ef- Mr. HINCHEY. Mr. Chairman, I very this race took the form of the brazen fect. But if you really want to do some- much appreciate the sentiments behind display during the Super Bowl halftime thing to give communities the ability this bill. There is no question that in- show, an event watched by millions of to stop this nonsense, you will take decency in the media is a disease that men, women, and children. That away from the FCC the ability to con- is infecting all of our society. The shameless exhibition was disgraceful centrate broadcasting power in the problem with this legislation, however, and had no place on the public air- hands of a few corporations. That is is that it deals only with the symptoms waves. what makes the system so fundamen- of the problem and not with the under- Thankfully, the FCC has started to tally arrogant. That is what puts the lying cause. take its enforcement responsibilities

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.031 H11PT1 H1028 CONGRESSIONAL RECORD — HOUSE March 11, 2004 seriously. However, it has become fornia (Mr. COX), an original cosponsor We talk about the President and the frighteningly clear that the penalties of the legislation. Presidency, and we say that the Presi- currently on the books are not suffi- Mr. COX. Mr. Chairman, I thank the dent has a bully pulpit, and he does. cient to deter this behavior. Those in gentleman from Michigan for his lead- That does not concern me. What con- the media who choose to air these ob- ership and his crafting this bill which cerns me is the bullyism and the bul- scene materials will not feel the sting underscores the principle that those lying that is going on. When networks of enforcement until the punishment is who have been given multi-billion dol- and stations and people-owned medias considered to be more than a simple lar assets in the form of public air- are afraid to be critical of the adminis- cost of doing business. waves for free, courtesy of the tax- tration, to impose a fine on speech that H.R. 3717 strengthens the penalties at payers, owe in return at least some you do not like of a half a million dol- the FCC’s disposal to punish those that consideration of the taxpaying audi- lars a shot, multiplied by 30 or 300 sta- pollute the public airwaves with ob- ence and the public interest they pur- tions, does not have a chilling effect. It scene and indecent materials. By in- port to serve. has a freezing-out effect where people creasing the fines that the FCC can im- I like free enterprise and the oppor- will be afraid to speak out. pose from $27,500 to $500,000, this legis- tunity for every business to turn a It is not for us to put limits on free lation hits the violators where it hurts profit. I support unlimited artistic cre- speech. The public decides what they the most, their pockets. ativity. None of these provide a reason want to listen to and wants to hear. In addition, under current law, if an for multi-billion dollar spectrum sub- They can change the channel, they can individual willfully violates indecency sidies for profit-making entertainment, change the station, they can turn it standards, the FCC must first warn the particularly when it is indecent, ob- off. To talk about motherhood and violator. However, this bill eliminates scene and profane. While others in tele- breast feeding as something that is the warning requirement and increases communications pay for their slice of good is fine, but people are offended by the maximum penalty for individuals the airwaves, the broadcasting indus- a breast? Is that obscene? Maybe it was from $11,000 to $500,000 for the first of- try has been given multi-billion dollar in poor taste at the time, but is it ob- fense. slices of the public airwaves for free. scene? Furthermore, the bill requires the In the 1990s, every other industry That Howard Stern on the radio FCC to act in a timely manner. It re- that uses the airwaves, such as wireless would be threatened with extinction quires the FCC to make a determina- phone companies, paid for their pieces from broadcast because he did not hang tion of whether an alleged offense con- of the airwaves through public auc- up in time on somebody that called in, stitutes obscene, indecent, or profane tions that generated billions in revenue that was not the issue. The issue is material within 180 days from date of for taxpayers. The broadcasting indus- that he is beginning to speak out the complaint. try has paid nothing to the taxpayers against the President and the adminis- It is time to take a stand against the for their continued free use of this val- tration, and he is paying the price be- constant bombardment of obscene and uable public asset. cause of the pressure on the media by profane materials into our living On top of that, every TV station the President and his media cronies. rooms. I urge my colleagues to support owner was recently given more free This concentration of the media de- this important legislation. bandwidth to convert to digital TV, nies the public access to the right to Mr. UPTON. Mr. Chairman, I yield 1 and that additional loan spectrum has speak out. It is not just speech that we minute to the gentleman from Indiana an estimated value of $100 billion. That agree with and we think is pretty that (Mr. PENCE), a cosponsor of the legisla- is a payment from every man, woman, we have to tolerate. The test of free- tion. and child in America of $350. dom of speech is if we tolerate ugly Mr. PENCE. Mr. Chairman, I rise in As we complete action on this bill, speech, obnoxious speech, and speech strong support of the Broadcast De- our attention turns naturally to the that we disagree with. And saying that cency Enforcement Act of 2004. underlying question of whether tax- we are protecting the country and the Mr. Chairman, I am a Congressman payers should continue the multi-bil- children, what about personal responsi- today, but for 7 years I was a radio and lion dollar subsidies of this obviously bility? Everybody should protect their television broadcaster in the State of for-profit industry. It is my hunch that own children from what they do not Indiana. Let us be clear on this point, if we were to auction the broadcast want to listen to or see. a point that was clear to me as a public spectrum without the free ride that These become weapons of mass com- broadcaster: the public airwaves are such programming now gets, the mar- munication, and no one will own them owned and governed by the American ket and consumers would not demand except those who have the hands on the people. Everyone who operates in front 184 channels of Howard Stern. levers of power in the White House and of a microphone or a camera on the Making for-profit TV pay for its spec- their friends. public airwaves knows that they have trum and compete with other high-tech That is what we find obscene? What to do so under the obligations in the demands would be a far better way of is obscene is public officials lying to family hours of public broadcasting dealing with the problem of indecent the public, lying about public policy, that have been set and upheld by the programming than government regula- lying about education. It is about not courts over the decades. tion of speech. I think this bill is wel- providing enough money for AIDS or This is not a burden. Eighteen hours come news. cancer; that is what is obscene in this a week for over 6 years I hosted a talk Mr. MARKEY. Mr. Chairman, I yield country. We need people to defend our radio program, and I lived within the 31⁄2 minutes to the gentleman from New Constitution. We need people to defend standards that have been established York (Mr. ACKERMAN). freedom of speech, and that is really and upheld by the courts. Thanks to Mr. ACKERMAN. Mr. Chairman, what is at stake here. This is going to the leadership of the gentleman from never would I have thought that de- become a very dark day in American Michigan (Mr. UPTON) and the ranking fending the Constitution would be so history. We are going down the slip- member, now we have legislation that lonely a job on the floor of the United pery slope of limiting our Constitution will put real teeth behind these stand- States House of Representatives. Do and the protections that it gives to the ards, and I strongly support it. The op- not get me wrong, I believe in decency American people. ponents say this is an issue of free and Mary Poppins and all things nice; Mr. Chairman, I for one will be vot- speech. This is not about free speech. but what is at stake here is freedom of ing against this bill. This is about decent speech living speech and the assault thereon. Mr. UPTON. Mr. Chairman, I yield 1 within the constitutional standards I become more and more concerned minute to the gentleman from Ohio that every broadcaster should hold on about the concentration of the media (Mr. GILLMOR), again, an original co- the public airwaves. I urge strong sup- in the hands of so few players, that sponsor of the legislation. port for the Broadcast Decency En- kind of media power concentrated in forcement Act of 2004. the hands of so few and influenced spe- b 1215 Mr. UPTON. Mr. Chairman, I yield 2 cifically by the far right wing and reli- Mr. GILLMOR. Mr. Chairman, I am minutes to the gentleman from Cali- gious right in this country. happy to see that today, after a

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.034 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1029 firestorm of public criticism, we have The main target these days is How- When I read through this book, I was an increasing appetite, both in Con- ard Stern. Now, what does Howard embarrassed. I was embarrassed for the gress and the FCC, for punishing those Stern have to do with this issue and fellow that was sitting next to me on who repeatedly flout the rules, and we the political agenda? Well, for years he the airplane, because I had to read it have before us a strong measure, one supported the administration on the like this. I had to shield the material that will boost maximum fine to war, he supported the administration in this book, the transcripts, that were $500,000, make it easier for the FCC to on capital punishment, he supported fined thousands of dollars. fine performers rather than just their the administration on just about ev- I made a mistake that day, Mr. employers and threaten to strip li- erything. Chairman. I read through the book, it censes of repeat offenders. In the last couple of months, he has was a long flight, we had terrible I should also point out that before had a change of heart and started op- weather. In fact, frankly that day when and after the Super Bowl incidents, my posing the war, started opposing the we landed back at DCA, I thought we office received over 500 e-mails from opposition to research, opposing the had gone back to Detroit, there was my district concerning indecent broad- opposition to pro-choice, and, all of a such bad weather here. casts. I would like to share the mes- sudden, he is in deeper trouble than he I looked through a lot of material, sage of just one of those constituents. has ever been before. and I left it by mistake in the pocket ‘‘I am very glad to see you are taking How else can we explain that the day in the seat that was in front of me. I action to protect our kids from inde- before his bosses, Clear Channel, were walked off the plane, went back cent, profane, vulgar and tasteless pro- to face a Congressional committee, through the security, and got all the gramming. Just when I thought that they fired him from six markets way to my car when I realized this TV couldn’t get any worse, I witnessed throughout this country? The FCC has book was still on the plane. Now, with the appalling display at the half-time been complaining about his locker the new security arrangements, I could show of the Super Bowl. My 11-year old humor jokes for years. Some people not go back to the plane to get this son and 15-year-old daughter were have suggested that he was not in good book. speechless. Please know that I am be- taste for years. But now, the big bang It has got my name on it, ‘‘Chairman hind you 100 percent. I hope that this to get him off the air. He is left now on UPTON, broadcast indecency briefing bill will strengthen the power of the Infinity Radio, and he says he will be materials.’’ Man, was I embarrassed, to FCC and allow them to penalize those gone in about another 2 weeks. go back into the Northwest Airline sponsors.’’ Why? Was he okay when he was sup- ticket line and ask someone to go re- I think the American people have had porting the administration and in trou- trieve that book. And, yes, they had enough of ‘‘costume reveals’’ and ble, and how did Clear Channel decide found it. They saw my name, and they ‘‘wardrobe malfunctions,’’ and I urge to knock out its number one money were very chagrined to get it back to passage of the bill. maker one day before facing Congress? me. But, thank goodness, I did get it Mr. MARKEY. Mr. Chairman, I yield I wish I was the telephone company back, and I do not think anybody read 3 minutes to the gentleman from New and could have heard those phone calls some of the material. But it is public York (Mr. SERRANO). coming in with the political pressure. record, and this stuff, this XXX smut (Mr. SERRANO asked and was given My friends, this is a dangerous time. stuff, should never be broadcast on the permission to revise and extend his re- This bill should be defeated, if, for no public airwaves. marks.) other reason, than to send a message I was asked the question by the press Mr. SERRANO. Mr. Chairman, I that there is something larger here at when we introduced our bill several thank the gentleman for yielding me work than simply something you do weeks ago, ‘‘Do you think, Mr. UPTON, time. not like. What I do not like may be that your legislation is going to take The big question on this bill is why something you like and vice versa. The this stuff down, that it will increase now? There are enough laws in place best protection we have is not this bill. somehow the FCC’s enforcement divi- and regulations to deal with this issue. Just turn the channel, switch the sta- sion?’’ I feel that some of the good, well-inten- tion. tioned Members have been caught up in Mr. MARKEY. Mr. Chairman, I yield I thought about it, and I said, ‘‘You this desire to all of a sudden clear up back the balance of my time. know, I hope not. I hope that this legis- the airwaves. I believe it is a distrac- Mr. UPTON. Mr. Chairman, I yield lation will send a message to the tion. It is a weapon of mass distrac- myself such time as I may consume. broadcasters and to the talent that is tion, to keep us away from the real Mr. Chairman, I spoke last night making these indecent remarks,’’ and issues at hand. with our former chairman, the gen- more than just a word, if you come The fact is that this is part, in my tleman from Louisiana (Mr. TAUZIN). over here and read these transcripts, it opinion, of the continuing thinking of He wishes that he was going to be here is more than a word, it is page, after the PATRIOT Act, the philosophy of today, but he is preparing himself for page, after page, ‘‘that we can get this the PATRIOT Act, that says we will cancer surgery next week. But I know stuff stopped with this legislation.’’ read your e-mails, we will find out that he would very much like to cast I welcome the opportunity to work what you take out from the library, we votes on every one of the recorded with my friend, the gentleman from will hold you in detention without votes that we have the balance of the Massachusetts (Mr. MARKEY). To- charges or a lawyer, and we will then afternoon. gether, we fashioned a very bipartisan tell you what you can listen to on the I want to remind my colleagues that bill every step of the way, from the radio. we do not change the standards. That calling of the witnesses to the ques- Now, let us understand something: is not what this bill does. It strictly tioning to the amendments, every step The target here is coming from the po- enforces the standards that are already of the way, and I am pleased that the litical and religious right, and it is di- on the books. other body is working on that same rected only at that which they think is I told this story in my first hearing procedure, where, again, they voted 34 bad anti-American or indecent. Right- back in January before the Super Bowl. to 0 earlier this week to pass similar wing radio, which demonizes liberals, My staff prepared this broadcast inde- legislation. minorities, environmentalists, pro- cency briefing materials book for me. Our bill that passed 49 to 1 is a credit choice and animal rights activists, Inside this book are the transcripts of to this institution and to the Members they are fine. They will not be touched. broadcasters that have been fined for on both sides who care about the public And let me, for the record, say that I broadcasting indecent material. The airwaves, to make sure that this stuff support their right to say whatever material that is in this book was all on is not broadcast, and we send a mes- they want about me and other liberals radio, it was not on TV. But what sage, whether it be to the shock jock or and Democrats and minorities. They alarmed me more than anything else the DJ or the person with the finger on can say whatever they want. But what was the series of repeat offenders, the pause button at one of those we are doing in this country is cur- whether they be in Detroit, Chicago, awards, whether it be the Academy tailing only people who are saying Washington or Los Angeles, and all Awards, Golden Globes or whatever something else. broadcast on the public airwaves. else, we are going to make an impact,

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.039 H11PT1 H1030 CONGRESSIONAL RECORD — HOUSE March 11, 2004 and we are going to let our families from my constituents expressing their dis- the Federal Communications Commission can know that this stuff has got to stop. pleasure with content of TV programs. My impose for the broadcast of obscene, inde- This bill does it. It is not an infringe- constituents are telling me enough is enough. cent, or profane material. ment of first amendment rights. It has When broadcasters violate indecency rules The level of violent and sexual content in all all been certified, made legitimate and a complaint is filed, my constituents want of forms of media has reached a point where from the courts of the land, from the it to be taken seriously by the FCC. They want Congress has no choice but to act. highest court of the land down to the meaningful penalties that will make broad- Many people first became aware of this lowest court, and needs a positive vote casters think twice before airing objectionable problem while they were watching the Super here this afternoon. programs. They want broadcasters to be held Bowl, but this is not a new problem. Mrs. CUBIN. Mr. Chairman, it’s about time. accountable. Whether it is television, movies, video That’s what my constituents are telling me. Above all, they want to be able to watch an games, or the Internet, you cannot get away They correctly note the gradual degradation of entertainment program with their family without from it, and it is getting worse. the quality and decency of programming on having them exposed to content unsuitable for As Democrats and Republicans we must TV and radio—and I agree, it’s about time children. When supposedly family-friendly pro- continue to work together to address these Congress acted. gramming such as the Super Bowl becomes a issues. That is the only way we will be able As an original cosponsor of H.R. 3717, I program many families don’t want their chil- prevent our children from being needlessly ex- think it’s important to note that we introduced dren to see, we have a problem. As a grand- posed to violent and sexual content in the this bill prior to the Super Bowl. Some people father, I worry about being able to turn on the media. are blaming Janet Jackson and Justin Timber- TV and watch a program or sports event with A growing body of evidence suggests that lake for Congressional action on indecency, my 3 and 5 year old grandsons. these messages can be harmful to children’s but really the Super Bowl halftime show was I think this legislation addresses many of my development. simply the proverbial straw that broke the constituents’ concerns. Raising the cap on That is why I submitted an amendment that camel’s back. fines to $500,000 for broadcasts that violate would call on the Surgeon General to produce It’s sort of like cooking a frog in a pot of the rules helps show that Congress and the an annual report assessing the impact of vio- boiling water. Put him in when it’s lukewarm, FCC are serious about punishing offenses. lent media content on children. and slowly turn up the temperature, he’ll be Although my amendment was not accepted cooked by dinner. Throw him into a boiling The current cap is only $27,000 per violation, I hope the Surgeon General will hear us today pot, however, and he’ll jump right out. I’m a drop in the bucket for most broadcasters. and understand that Congress takes these afraid we’ve let this sneak up on us to the When broadcasters know that indecency viola- issues very seriously and that we demand to point where we’re almost cooked. tions will be taken into consideration when I’m not here sharing recipes from Congress- they ask the FCC to renew their broadcast li- know more. That is also why I created the bipartisan man TAUZIN’s Cajun cookbook, I’m talking censes, they are going to take additional pre- about how we have sat idly by as program- cautions to prevent instances of indecency. If Congressional Sex and Violence in the Media ming over the public’s airwaves has gone to a broadcaster accumulates three violations, Caucus last October with my friend and col- the dogs. The nudity of the Super Bowl half- this will now trigger a hearing to review revok- league, Congressman TOM OSBORNE. time show has justly raised the ire of Amer- ing that station’s license. We will be a strong voice within Congress to ican families, and we are right to demand that This legislation sends a strong signal that reduce violent and sexual content in the people act in a civil manner when they are af- Congress is serious about enforcement of media. forded access to the public’s airwaves. Mr. broadcast indecency regulations. If all Mem- We will identify ways to work effectively in Chairman, it is about time Congress acted and bers’ constituents care about this issue as Congress and in our districts to prevent vio- I’m proud to be part of that effort. I urge pas- much as mine do, then this should be an easy lence by and against children through legisla- sage of H.R. 3717. bill for us to support. tion, education, outreach, and advocacy. Ms. MCCARTHY of Missouri. Mr. Chairman, I urge my colleagues to support this legisla- Just this Tuesday, we introduced H.R. 3914, I rise in qualified support of H.R. 3717, the tion. the Children’s Protection from Violent Pro- Broadcast Indecency Act of 2004. As an origi- Ms. WATSON. Mr. Chairman, I rise in gramming Act, along with Congressman DAVID nal co-sponsor of this legislation, I agree that strong support to the Schakowsky amendment PRICE. we must provide the Federal Communications to H.R. 3717, which would exempt individuals Our bill would require the FCC to assess Commission (FCC) with the resources it needs from increase in indecency fines. While I sup- the effectiveness of the V-chip to determine if to effectively enforce existing laws regarding port the goals of H.R. 3717 in giving the Fed- it effectively protects children from television indecent broadcasts. However, I am con- eral Communication Commission more author- violence. cerned that giving the FCC the authority to ity to enforce indecency rules, I don’t believe If the study shows that the V-chip is not ef- levy exorbitant fines against individuals will individual performers and artists should be fective, then it requires the FCC to create a have a chilling effect on the exercise of free threatened by the same penalties imposed on ‘‘safe harbor’’ so that violent programming is speech protected under the First Amendment. multi-billion dollar corporations, who have the not televised when children are likely to be Clearly, the FCC should be able to hold in- ultimate control on programming decisions. watching. dividuals responsible for breaching the public I believe the provisions within H.R. 3717 to I am proud to have received the endorse- trust by violating decency standards in the fine individuals would constitute a dangerous ment of the Parents Television Council and same way it holds broadcasting entities ac- chilling effect on artistic expression and a the Consumers Union. countable for what they put on the airwaves. threat to our first amendment rights. It is also Last year I re-introduced the Protect Chil- Nonetheless, opening the door to potentially completely unnecessary, since broadcast li- dren from Video Game Sex and Violence Act, ruinous fines of up to a half a million dollars censees and networks are responsible for pro- H.R. 669, which would impose penalties on for individuals, including artists, raises the gramming contents and the decision to air, not those who rent or sell video games with vio- specter of state sponsored censorship. Will the individual artists. Why else would networks lent or sexual content to minors. the federal government decide to silence cer- start implementing the so-called ‘‘five second It is wrong that our children are being ex- tain individuals in the future for political rea- delay’’ that would remove any objectionable posed to this kind of violence at an age when sons? Under this bill, it has the authority to do content before it is broadcasted? The broad- their minds and values are still being formed. just that. casters understand that they are the ones re- They play these games when many of them As this legislation is considered by the Sen- sponsible for the contents they air, because cannot distinguish fantasy from reality. Yet to- ate, I would hope that this concern is duly ad- they are the ones who eventually profit from day’s most popular games are full of sense- dressed and resolved in Conference with the the controversies generated by offensive, in- less acts of sex and violence that brainwash House. Thank you, Mr. Chairman, the oppor- decent, and dumb-down programming. our kids. tunity to address my colleagues on this over- I hope my colleagues will join me in sup- These games show people having sex with looked but critical aspect of what is overall a porting Congresswoman SHAKOWSKY’s amend- prostitutes, car-jacking soccer moms, using il- good and necessary piece of legislation. ment that would prevent he broadcasters from legal drugs, decapitating police officers, and Mr. NEUGEBAUER. Mr. Chairman, I rise scapegoating individual artists and hold them killing innocent people as they beg for mercy. today in support of H.R. 3717, the Broadcast truly responsible in the enforcement of inde- If that isn’t enough, games like BMX Triple X Decency Enforcement Act. cency rules. even show live video footage of naked strip- Over the past few months, I have received Mr. BACA. Mr. Chairman, I rise in support of pers. Is that what we really want our kids to nearly 2,000 e-mails, phone calls and letters H.R. 3717, a bill that would increase the fines be watching?

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\K11MR7.040 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1031 Let me be clear. It is the responsibility of and should be disciplined to ensure that they time we as a Congress rise to this occasion parents to raise their children and determine will not continue and will not be tolerated. and pass this bill, and help stop the reckless- what they watch on television or what kinds of I have received over one thousand letters, ness that has so unnecessarily invaded our games they buy. But when children see these emails and phone calls from outraged con- homes. things when they are watching the Super Bowl stituents regarding obscene TV and radio Thank you and congratulations to you, Mr. or when they can walk into their neighborhood broadcasts in recent months. We cannot ac- UPTON, for your work in bringing this impor- store and buy video games with mature con- cept anything less than an effective solution to tance piece of legislation to the House today. tent, a parent is cut out of the process. this problem; we will not be satisfied until Mr. OXLEY. Mr. Chairman, like most Ameri- Some will tell you that early exposure to vio- those who are responsible have been rep- cans, I am deeply disturbed by the decline of lence has no harmful effects, but a growing rimanded, and we can be assured this kind of basic decency on our public airwaves. A new body of academic research tells a different behavior will not continue. low was probably reached during the half-time story. We must give parents the peace of mind show of the recent Super Bowl. It’s incredible Several of the Nation’s most respected pub- that the programming available to their chil- that parents should have to monitor the con- lic health groups have found that viewing en- dren on television and radio today is appro- tent of a football game to protect their chil- tertainment violence can lead to increases in priate. dren. The groundswell for change has been aggressive attitudes, values, and behaviors, I urge all members to support this legisla- gathering for some time now. In the last few particularly in children. tion. months alone, I have received more than one But we have to go beyond facts and figures. Mr. ROGERS of Alabama. Mr. Chairman, thousand constituent letters expressing con- What does this mean for our kids? public decency on the airwaves should be a cern about profanity and indecency on the air- We are at the beginning of a long and dif- subject on which we all agree. Alabama citi- waves. The message has been received, loud ficult battle for the hearts, the minds, and the zens, like the vast majority of Americans, re- and clear. souls of our children. spect and value the meaning of decency, and I am proud to be an original cosponsor of I hope that other Members of Congress and appreciate public institutions that reflect the the Broadcast Decency Enforcement Act. The the public will continue to work to protect our common values of our society. bill holds violating stations accountable for But what happens when one or more of children from these harmful materials. trashing our precious public airwaves and hits those institutions repeatedly violate those Mr. FRELINGHUYSEN. Mr. Chairman, purveyors where it matters the most, in the standards of decency? In the past year, we today I rise in strong support of H.R. 3717, the wallet. Currently, an FCC indecency violation have seen one or more of the major broadcast Broadcast Decency Enforcement Act and carries a maximum $27,500 fine, which hardly networks repeatedly and blatantly violate the commend Representative UPTON for this initia- Federal Communications Commission stand- threatens a multi-million dollar station. This bill tive to ‘‘clean up’’ our Nation’s airwaves. ards for decency, and openly flaunt the laws increases the fine to a more fitting $500,000. In response to a number of recently tele- so clearly upheld in the courts. Repeat violators will find themselves on a very vised events, I have received a deluge of CBS’s halftime show during the 2004 Super long and expensive trip. The FCC will also be complaints and comments from my constitu- Bowl was a new low for television, Mr. Speak- given authority to hold hearings on stripping ents in New Jersey who are fed up with the er. Watched by nearly 100 million Americans, the licenses of repeat offenders. offensive and indecent programming invading as well as my family and children, this 30- It’s important that we act because even a their homes through television and radio. With minute fantasy of filth managed to break all small blow struck for decency makes a dif- their thoughts in mind I cosponsored this legis- standards of decency, and brazenly shattered ference. The Supreme Court recently heard lation to let it be known: broadcasters offering all concepts of responsibility and accountability arguments on the Child Online Protection Act, irresponsible and indecent material—espe- for our Nation’s public broadcasters. which I helped to write. This is a law we ap- cially at times when our children are likely Mr. Chairman, this must stop. It’s time we proved to prevent kids from being exposed to watching or listening—should be held account- hold the broadcasters accountable for their de- Internet pornography. I have also been work- able for their actions. cisions and help take out the televised trash ing with my Democrat colleague CHARLES H.R. 3717 would increase the penalty the that continues to invade our homes. H.R. GONZALEZ on the Video Voyeurism Prevention FCC can assess for violations of broadcast in- 3717, the Broadcast Decency Enforcement Act. It’s long past time that attitudes about de- decency, obscenity and profanity laws from Act of 2004, will help turn the tide. The legisla- cency started changing in this country. $27,500 to $500,000 per violation. The current tion brings accountability for those broad- Mr. UPTON. Mr. Chairman, I yield fine has become a mere cost of business for casters who follow the rules, as well as pen- back the balance of my time. many of the large broadcast companies. alties for those, like CBS during the Super The CHAIRMAN pro tempore (Mr. Today, Congress, on behalf of America’s fami- Bowl, knowingly choose to violate them. ISAKSON). All time for general debate lies, is sending a message to the industry that H.R. 3717 increases the FCC’s penalties for has expired. this kind of disregard is not going to be toler- broadcasting obscene, indecent, and profane Pursuant to the rule, the committee ated and hit them where it hurts—in their language to $275,000 for each violation or amendment in the nature of a sub- pockets. each day of a continuing violation. The bill stitute printed in the bill shall be con- It is time we act to ensure that every family also limits the total amount assessed for any sidered as an original bill for the pur- may watch broadcast television programming continuing violation to $3 million for any single pose of amendment under the 5-minute free of indecency, obscenity and profanity. I act or failure to act. rule and shall be considered read. believe this legislation takes the right ap- As a co-sponsor of this bi-partisan legisla- The text of the committee amend- proach. That is why I urge my colleagues to tion, I am pleased Congress has chosen to ment in the nature of a substitute is as join me in supporting this important initiative bring this to the House floor today. Let me be follows: and vote yes for H.R. 3717. clear Mr. Chairman: I am not an advocate of H.R. 3717 Mr. CANTOR. Mr. Chairman, I rise in strong censorship. Although I may find the type of Be it enacted by the Senate and House of Rep- support of the Broadcast Decency Enforce- programming seen during the 2004 Super resentatives of the United States of America in ment Act, H.R. 3717. The use of obscenity, Bowl and the 2003 Golden Globe Awards dis- Congress assembled, which has recently been so casually used on gusting and disturbing, we must always work SECTION 1. SHORT TITLE. our public airwaves for the entire country to hard to defend the cherished freedoms so This Act may be cited as the ‘‘Broadcast De- witness, should not and cannot be tolerated. clearly outlined in our Constitution, including a cency Enforcement Act of 2004’’. As a parent, I share the concerns of many SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, healthy and free press. INDECENT, AND PROFANE BROAD- regarding the level of offensive television and But when those institutions that are charged CASTS. radio programs that are transmitted into our with upholding the public trust refuse to live up Section 503(b)(2) of the Communications Act of homes. The recent violations that have oc- to their responsibilities, someone must draw 1934 (47 U.S.C. 503(b)(2)) is amended— curred disgusted not only me, but damage our the line. The Broadcast Decency Enforcement (1) by redesignating subparagraphs (C) and society. Families should be able to turn on the Act of 2004 helps address the continuing deg- (D) as subparagraphs (D) and (E), respectively; television or radio without worrying that ob- radation on the broadcast airwaves and helps (2) by inserting after subparagraph (B) the following new subparagraph: scene programming will negatively impact our send a clear message to the broadcast indus- ‘‘(C) Notwithstanding subparagraph (A), if children. try that Alabama families, like the rest of the violator is (i) a broadcast station licensee or This important legislation calls for tougher American families, have had enough. permittee, or (ii) an applicant for any broadcast fines and enforcement penalties for obscene Programs like the Super Bowl should be license, permit, certificate, or other instrument broadcasts. Shameless acts are inexcusable celebrations, not cesspools, Mr. Speaker. It is or authorization issued by the Commission, and

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\A11MR7.020 H11PT1 H1032 CONGRESSIONAL RECORD — HOUSE March 11, 2004 the violator is determined by the Commission (2) by inserting ‘‘(A)’’ after ‘‘(5)’’; under paragraph (3) or (4) of subsection (b) to a under paragraph (1) to have broadcast obscene, (3) by redesignating the second sentence as broadcast station licensee or permittee looking indecent, or profane material, the amount of subparagraph (B); toward the imposition of a forfeiture penalty any forfeiture penalty determined under this (4) in such subparagraph (B) as redesig- under this Act based on an allegation that the section shall not exceed $500,000 for each viola- nated— licensee or permittee broadcast obscene, inde- tion.’’; and (A) by striking ‘‘The provisions of this para- cent, or profane material, and either— (3) in subparagraph (D), as redesignated by graph shall not apply, however,’’ and inserting ‘‘(1) such forfeiture penalty has been paid, or paragraph (1) of this subsection— ‘‘The provisions of subparagraph (A) shall not ‘‘(2) a forfeiture penalty has been determined (A) by striking ‘‘subparagraph (A) or (B)’’ apply (i)’’; by the Commission or an administrative law and inserting ‘‘subparagraph (A), (B), or (C)’’; (B) by striking ‘‘operator, if the person’’ and judge pursuant to paragraph (3) or (4) of sub- and inserting ‘‘operator, (ii) if the person’’; section (b), and such penalty is not under re- (B) by adding at the end the following: ‘‘Not- (C) by striking ‘‘or in the case of’’ and insert- view, and has not been reversed, by a court of withstanding the preceding sentence, if the vio- ing ‘‘(iii) in the case of’’; and competent jurisdiction, lator is determined by the Commission under (D) by inserting after ‘‘that tower’’ the fol- then, notwithstanding section 504(c), the Com- paragraph (1) to have uttered obscene, indecent, lowing: ‘‘, or (iv) in the case of a determination mission shall, in any subsequent proceeding or profane material (and the case is not covered that a person uttered obscene, indecent, or pro- under section 308(b) or 310(d), take into consid- by subparagraph (A), (B), or (C)), the amount fane material that was broadcast by a broadcast eration whether the broadcast of such material of any forfeiture penalty determined under this station licensee or permittee, if the person is de- demonstrates a lack of character or other quali- section shall not exceed $500,000 for each viola- termined to have willfully or intentionally made fications required to operate a station.’’. tion.’’. the utterance’’; and SEC. 8. LICENSE RENEWAL CONSIDERATION OF SEC. 3. ADDITIONAL FACTORS IN INDECENCY (5) by redesignating the last sentence as sub- VIOLATIONS OF INDECENCY PROHI- PENALTIES; EXCEPTION. paragraph (C). BITIONS. Section 503(b)(2) of the Communications Act of SEC. 5. DEADLINES FOR ACTION ON COMPLAINTS. Section 309(k) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is further amended by Section 503(b) of the Communications Act of 1934 (47 U.S.C. 309(k)) is amended by adding at adding at the end (after subparagraph (E) as re- 1934 (47 U.S.C. 503(b)) is amended by adding at the end the following new paragraph: designated by section 2(1) of this Act) the fol- the end thereof the following new paragraph: ‘‘(5) LICENSE RENEWAL CONSIDERATION OF VIO- lowing new subparagraphs: ‘‘(7) In the case of an allegation concerning LATIONS OF INDECENCY PROHIBITIONS.—If the ‘‘(F) In the case of a violation in which the vi- the utterance of obscene, indecent, or profane Commission has issued a notice under para- olator is determined by the Commission under material that is broadcast by a station licensee graph (3) or (4) of section 503(b) to a broadcast paragraph (1) to have uttered obscene, indecent, or permittee— station licensee or permittee with respect to a or profane material, the Commission shall take ‘‘(A) within 180 days after the date of the re- broadcast station looking toward the imposition into account, in addition to the matters de- ceipt of such allegation, the Commission shall— of a forfeiture penalty under this Act based on scribed in subparagraph (E), the following fac- ‘‘(i) issue the required notice under paragraph an allegation that such broadcast station broad- tors: (3) to such licensee or permittee or the person cast obscene, indecent, or profane material, ‘‘(i) With respect to the degree of culpability making such utterance; and— of the violator, the following: ‘‘(ii) issue a notice of apparent liability to ‘‘(A) such forfeiture penalty has been paid, or ‘‘(I) whether the material uttered by the viola- such licensee or permittee or person in accord- ‘‘(B) a forfeiture penalty has been determined tor was live or recorded, scripted or unscripted; ance with paragraph (4); or by the Commission or an administrative law ‘‘(II) whether the violator had a reasonable ‘‘(iii) notify such licensee, permittee, or person judge pursuant to paragraph (3) or (4) of section opportunity to review recorded or scripted pro- in writing, and any person submitting such alle- 503(b), and such penalty is not under review, gramming or had a reasonable basis to believe gation in writing or by general publication, that and has not been reversed, by a court of com- live or unscripted programming may contain ob- the Commission has determined not to issue ei- petent jurisdiction, scene, indecent, or profane material; ther such notice; and then, notwithstanding section 504(c), such viola- ‘‘(III) if the violator originated live or ‘‘(B) if the Commission issues such notice and tion shall be treated as a serious violation for unscripted programming, whether a time delay such licensee, permittee, or person has not paid purposes of paragraph (1)(B) of this subsection blocking mechanism was implemented for the a penalty or entered into a settlement with the with respect to the renewal of the license or per- programming; Commission, within 270 days after the date of mit for such station.’’. ‘‘(IV) the size of the viewing or listening audi- the receipt of such allegation, the Commission SEC. 9. LICENSE REVOCATION FOR VIOLATIONS ence of the programming; and shall— OF INDECENCY PROHIBITIONS. ‘‘(V) whether the programming was part of a ‘‘(i) issue an order imposing a forfeiture pen- Section 312 of the Communications Act of 1934 children’s television program as described in the alty; or (47 U.S.C. 312) is amended by adding at the end Commission’s children’s television programming ‘‘(ii) notify such licensee, permittee, or person the following new subsection: policy (47 CFR 73.4050(c)). in writing, and any person submitting such alle- ‘‘(h) LICENSE REVOCATION FOR VIOLATIONS OF ‘‘(ii) With respect to the violator’s ability to gation in writing or by general publication, that INDECENCY PROHIBITIONS.— pay, the following: the Commission has determined not to issue ei- ‘‘(1) CONSEQUENCES OF MULTIPLE VIOLA- ‘‘(I) whether the violator is a company or in- ther such order.’’. TIONS.—If, in each of 3 or more proceedings dur- dividual; and SEC. 6. ADDITIONAL REMEDIES FOR INDECENT ing the term of any broadcast license, the Com- ‘‘(II) if the violator is a company, the size of BROADCAST. mission issues a notice under paragraph (3) or the company and the size of the market served. Section 503 of the Communications Act of 1934 (4) of section 503(b) to a broadcast station li- ‘‘(G) A broadcast station licensee or permittee (47 U.S.C. 503) is further amended by adding at censee or permittee with respect to a broadcast that receives programming from a network orga- the end the following new subsection: station looking toward the imposition of a for- nization, but that is not owned or controlled, or ‘‘(c) ADDITIONAL REMEDIES FOR INDECENT feiture penalty under this Act based on an alle- under common ownership or control with, such BROADCASTING.—In any proceeding under this gation that such broadcast station broadcast ob- network organization, shall not be subject to a section in which the Commission determines that scene, indecent, or profane material, and in forfeiture penalty under this subsection for any broadcast station licensee or permittee has each such proceeding either— broadcasting obscene, indecent, or profane ma- broadcast obscene, indecent, or profane mate- ‘‘(A) such forfeiture penalty has been paid, or terial, if— rial, the Commission may, in addition to impos- ‘‘(B) a forfeiture penalty has been determined ‘‘(i) such material was within live or recorded ing a penalty under this section, require the li- by the Commission or an administrative law programming provided by the network organiza- censee or permittee to broadcast public service judge pursuant to paragraph (3) or (4) of section tion to the licensee or permittee; and announcements that serve the educational and 503(b), and such penalty is not under review, ‘‘(ii)(I) the programming was recorded or informational needs of children. Such an- and has not been reversed, by a court of com- scripted, and the licensee or permittee was not nouncements may be required to reach an audi- petent jurisdiction, given a reasonable opportunity to review the ence that is up to 5 times the size of the audi- then, notwithstanding section 504(c), the Com- programming in advance; or ence that is estimated to have been reached by mission shall commence a proceeding under sub- ‘‘(II) the programming was live or unscripted, the obscene, indecent, or profane material, as section (a) of this section to consider whether and the licensee or permittee had no reasonable determined in accordance with regulations pre- the Commission should revoke the station li- basis to believe the programming would contain scribed by the Commission.’’. cense or construction permit of that licensee or obscene, indecent, or profane material. SEC. 7. LICENSE DISQUALIFICATION FOR VIOLA- permittee for such station. The Commission shall by rule define the term TIONS OF INDECENCY PROHIBI- ‘‘(2) PRESERVATION OF AUTHORITY.—Nothing ‘network organization’ for purposes of this sub- TIONS. in this subsection shall be construed to limit the paragraph.’’. Section 503 of the Communications Act of 1934 authority of the Commission to commence a pro- SEC. 4. INDECENCY PENALTIES FOR NON- (47 U.S.C. 503) is further amended by adding at ceeding under subsection (a).’’. LICENSEES. the end (after subsection (c) as added by section SEC. 10. REQUIRED CONTENTS OF ANNUAL RE- Section 503(b)(5) of the Communications Act of 6) the following new subsection: PORTS OF THE COMMISSION. 1934 (47 U.S.C. 503(b)(5) is amended— ‘‘(d) CONSIDERATION OF LICENSE DISQUALI- Each annual report submitted by the Federal (1) by redesignating subparagraphs (A), (B), FICATION FOR VIOLATIONS OF INDECENCY PROHI- Communications Commission after the date of and (C) as clauses (i), (ii), and (iii), respectively; BITIONS.—If the Commission issues a notice enactment of this Act shall, in accordance with

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A11MR7.008 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1033 section 4(k)(2) of the Communications Act of It is now in order to consider Amend- sor of our legislation, and once a proud 1934 (47 U.S.C. 154(k)(2)), include the following: ment No. 1 printed in House Report member of our proud subcommittee. (1) The number of complaints received by the 108–436. Mr. BLUNT. Mr. Chairman, with any Commission during the year covered by the re- luck, a future member of the chair- port alleging that a broadcast contained ob- AMENDMENT NO. 1 OFFERED BY MR. UPTON scene, indecent, or profane material, and the Mr. UPTON. Mr. Chairman, I offer an man’s subcommittee. number of programs to which such complaints amendment. Mr. Chairman, I appreciate the great relate. The CHAIRMAN. The Clerk will des- work the gentleman from Michigan (2) The number of those complaints that have ignate the amendment. (Mr. UPTON) did on this bill, bringing been dismissed or denied by the Commission. The text of the amendment is as fol- this bill to the floor at this time. I also (3) The number of complaints that have re- lows: want to say how much I appreciate the mained pending at the end of the year covered gentleman from Texas (Chairman BAR- Amendment No. 1 offered by Mr. UPTON: by the annual report. TON), the new chairman of our com- (4) The number of notices issued by the Com- In subsection (d) of section 503 of the Com- mission under paragraph (3) or (4) of section munications Act of 1934, as added by section mittee, moving quickly to get this leg- 503(b) of the Communications Act of 1934 (47 7 of the bill, strike paragraph (2) and insert islation to the floor, and also to join U.S.C. 503(b)) during the year covered by the re- the following: my colleagues in our appreciation for port to enforce the statutes, rules, and policies ‘‘(2) a court of competent jurisdiction has and our concern about our former prohibiting the broadcasting of obscene, inde- ordered payment of such forfeiture penalty, chairman, the gentleman from Lou- cent, or profane material. and such order has become final, isiana (Mr. TAUZIN), as he and his fam- (5) For each such notice, a statement of— In the matter that follows paragraph (2) of ily deal with a health crisis right now. (A) the amount of the proposed forfeiture; section 503(d) of the Communications Act of Mr. Chairman, I think this bill is a (B) the program, station, and corporate par- 1934, as added by section 7 of the bill, strike bill that we need to do. The gentle- ent to which the notice was issued; ‘‘, notwithstanding section 504(c),’’. (C) the length of time between the date on In paragraph (5) of section 309(k) of the man’s amendment is one that improves which the complaint was filed and the date on Communications Act of 1934, as added by sec- the bill and clarifies the process which the notice was issued; and tion 8 of the bill, strike subparagraph (B) and through which people would have to go (D) the status of the proceeding. insert the following: if they are subject to the penalties of (6) The number of forfeiture orders issued pur- ‘‘(B) a court of competent jurisdiction has the bill. suant to section 503(b) of such Act during the ordered payment of such forfeiture penalty, I think the penalties here, the en- year covered by the report to enforce the stat- and such order has become final, hanced penalties we heard from many, utes, rules, and policies prohibiting the broad- In the matter that follows subparagraph many people, that the current pen- casting of obscene, indecent, or profane mate- (B) of section 309(k)(5) of the Communica- rial. alties just are not a deterrent. Not tions Act of 1934, as added by section 8 of the only are the penalties now more in the (7) For each such forfeiture order, a statement bill, strike ‘‘, notwithstanding section of— 504(c),’’. range that they become a real thing for (A) the amount assessed by the final forfeiture In paragraph (1) of section 312(h) of the people who are given custody, tem- order; Communications Act of 1934, as added by sec- porary custody, of the airwaves to (B) the program, station, and corporate par- tion 9 of the bill, strike subparagraph (B) and think about, but there is also the possi- ent to which it was issued; insert the following: bility they could actually lose their li- (C) whether the licensee has paid the for- ‘‘(B) a court of competent jurisdiction has feiture order; cense if they become repeat offenders. ordered payment of such forfeiture penalty, Anybody can have something happen (D) the amount paid by the licensee; and and such order has become final, (E) in instances where the licensee refused to on one occasion that they do not ex- In the matter that follows subparagraph pay, whether the Department of Justice brought pect to happen, do not anticipate hap- (B) of section 312(h)(1) of the Communica- an action in Federal court to collect the pen- tions Act of 1934, as added by section 9 of the pening, do not approve, are embar- alty. bill, strike ‘‘, notwithstanding section rassed by, but the gentleman’s bill SEC. 11. SENSE OF THE CONGRESS. 504(c),’’. makes the case that these airwaves do (a) REINSTATEMENT OF POLICY.—It is the In section 10, insert ‘‘and’’ at the end of belong to the American people, that sense of the Congress that the broadcast tele- subparagraph (C) of paragraph (7), strike ‘‘; this is commercial airspace. If repeat- vision station licensees should reinstitute a fam- and’’ at the end of subparagraph (D) of such edly somebody chooses to try to ben- ily viewing policy for broadcasters. paragraph and insert a period, strike sub- efit financially by what they put on (b) DEFINITION.—For purposes of this section, paragraph (E) of such paragraph, and after a family viewing policy is a policy similar to the the air that goes beyond the bounds of such paragraph insert the following new decency, goes beyond their agreement policy that existed in the United States from paragraphs: 1975 to 1983, as part of the National Association (8) In instances where the licensee has re- when they are given custody and right of Broadcaster’s code of conduct for television, fused to pay, whether the Commission re- to use these airwaves, I think this bill and that included the concept of a family view- ferred such order to the Department of Jus- and the gentleman’s clarifying amend- ing hour. tice to collect the penalty. ment is an amendment that the House SEC. 12. IMPLEMENTATION. (9) In cases where the Commission referred needs to deal with. (a) REGULATIONS.—The Commission shall pre- such order to the Department of Justice— We all know that it was the Super scribe regulations to implement the amendments (A) the number of days from the date the Bowl half-time show that sort of made by this Act within 180 days after the date Commission issued such order to the date brought this issue to everybody’s at- of enactment of this Act. the Commission referred such order to the (b) PROSPECTIVE APPLICATION.—This Act and tention in this current context, but we Department; also know that if you watched the the amendments made by this Act shall not (B) whether the Department has com- apply with respect to material broadcast before menced an action to collect the penalty, and Super Bowl, if you were watching sort the date of enactment of this Act. if such action was commenced, the number of halfway as I was the half-time show, (c) SEPARABILITY.—Section 708 of the Commu- of days from the date the Commission re- that we see so much there drifting be- nications Act of 1934 (47 U.S.C. 608) shall apply ferred such order to the Department to the yond where we need to be in family en- to this Act and the amendments made by this date the action by the Department com- tertainment. There are plenty of oppor- Act. menced; and tunities in other kinds of entertain- The CHAIRMAN pro tempore. No (C) whether the collection action resulted ment that are not on the airwaves used amendment to the committee amend- in a payment, and if such action resulted in by commercial television and radio for a payment, the amount of such payment. ment in the nature of a substitute is in that. order except those printed in House Re- The CHAIRMAN pro tempore. Pursu- I appreciate the gentleman’s hard port 108–436. Each amendment may be ant to House Resolution 554, the gen- work in bringing this bill to the floor offered only in the order printed in the tleman from Michigan (Mr. UPTON) and in such important and quick fashion, report, by a Member designated in the a Member opposed each will control 10 and I rise to support the bill and the report, shall be considered read, shall minutes. gentleman’s important amendment to be debatable for the time specified in The Chair recognizes the gentleman it. the report, equally divided and con- from Michigan (Mr. UPTON). Mr. UPTON. Mr. Chairman, I yield trolled by the proponent and an oppo- Mr. UPTON. Mr. Chairman, I yield 3 myself the balance of my time. nent, shall not be subject to amend- minutes to the gentleman from Mis- Mr. Chairman, obviously I rise in ment, and shall not be subject to a de- souri (Mr. BLUNT), the distinguished strong support of the Upton amend- mand for division of the question. whip of the House, an original cospon- ment. This amendment ensures that

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A11MR7.008 H11PT1 H1034 CONGRESSIONAL RECORD — HOUSE March 11, 2004 those who are the subject of indecency The CHAIRMAN pro tempore. The countability to our public airwaves. complaints are provided with a con- Clerk will designate the amendment. Last year, there were over 240,000 com- stitutional right to due process. For in- The text of the amendment is as fol- plaints against 375 programs, but the stance, until a forfeiture penalty has lows: FCC issued only three notices of pro- been paid or a court has finally deter- Amendment No. 2 offered by Mr. SESSIONS: posed violations. I believe that Con- mined that a forfeiture penalty is justi- After section 10 of the bill insert the fol- gress should get more information fied, a complaint should not be held lowing section (and redesignate the suc- about what the FCC is doing to help us against the broadcast station license. ceeding sections accordingly): perform an important oversight func- SEC. 11. GAO STUDY OF INDECENT BROAD- tion over the FCC’s action and its ac- b 1230 CASTING COMPLAINTS. countability to the American public. Just like someone who is presumed (a) INQUIRY AND REPORT REQUIRED.—The General Accounting Office shall conduct a I would like to thank the gentleman innocent until proven guilty, this from Michigan (Chairman UPTON), the amendment guarantees that a broad- study examining— (1) the number of complaints concerning gentleman from Texas (Chairman BAR- cast license cannot be revoked or li- the broadcasting of obscene, indecent, and TON), and the gentleman from Cali- cense renewal rejected until all of the profane material to the Federal Communica- fornia (Chairman DREIER) for their im- appeals have been heard. This is a good tions Commission; portant work and leadership in bring- amendment, it was pointed out in our (2) the number of such complaints that re- ing this legislation to the floor today. hearing at the very end, and I would sult in final agency actions by the Commis- I urge my colleagues to support this sion; hope has bipartisan support. It amendment to allow the GAO to gain tightens the loophole. (3) the length of time taken by the Com- mission in responding to such complaints; more information from the FCC about I just want to say in closing in sup- how they are handling complaints that port of this amendment, I want to (4) what mechanisms the Commission has established to receive, investigate, and re- they receive on indecent material. thank in particular, I think, the many spond to such complaints; and Mr. Chairman, I would simply ask Members who have been so engaged in (5) whether complainants to the Commis- that we include this amendment, and I this legislation, and I want to thank sion are adequately informed by the Com- ask for its immediate consideration. the staff as well. On our side of the mission of the responses to their complaints. Mr. Chairman, I yield back the bal- aisle, we have had terrific staff that (b) SUBMISSION OF REPORT.—The General ance of my time. have worked with the very good staff, Accounting Office shall submit a report on The CHAIRMAN pro tempore. Does the results of such study within one year terrific staff on the other side as well; any Member claim the time in opposi- but I want to particularly cite a num- after the date of enactment of this Act to the Committee on Commerce, Science, and tion? ber of individuals: Will Nordwind, How- Transportation of the Senate and the Com- The question is on the amendment ard Waltzman, Neil Fried, Kelly mittee on Energy and Commerce of the offered by the gentleman from Texas Zerzan, Joan Hillebrands, Sean House of Representatives. (Mr. SESSIONS). Bonyur, Jim Barnette, Jaylyn The CHAIRMAN pro tempore. Pursu- The amendment was agreed to. Connaughton, and Andy Black for their ant to House Resolution 554, the gen- The CHAIRMAN pro tempore. It is now in order to consider amendment hard work in making sure that this bill tleman from Texas (Mr. SESSIONS) and got to the floor quickly and swiftly, a Member opposed each will control 5 No. 3 printed in House Report 108–436. There being no further amendment in and that, in fact, it was in a very minutes. order, the question is on the committee strong bipartisan fashion. The Chair recognizes the gentleman amendment in the nature of a sub- Mr. Chairman, I reserve the balance from Texas (Mr. SESSIONS). of my time. Mr. SESSIONS. Mr. Chairman, I stitute, as amended. The committee amendment in the Mr. MARKEY. Mr. Chairman, if there yield myself such time as I may con- nature of a substitute, as amended, was is no one seeking recognition in opposi- sume. tion, I ask unanimous consent to con- agreed to. My amendment is a simple contribu- The CHAIRMAN pro tempore. Ac- trol the time in opposition, even tion to this bill that I believe will though I support the amendment. cordingly, under the rule, the Com- bring some additional accountability mittee rises. The CHAIRMAN. Is there objection and enforcement to the FCC’s current to the request of the gentleman from Accordingly, the Committee rose; process of handling broadcasting com- and the Speaker pro tempore (Mr. SES- Massachusetts? plaints and proposed violation of FCC There was no objecton. SIONS) having assumed the chair, Mr. Mr. MARKEY. Mr. Chairman, I yield rules. ISAKSON, Chairman pro tempore of the myself 1 minute. My amendment to this legislation Committee of the Whole House on the I would like to say that this is a good would give the General Accounting Of- State of the Union, reported that that amendment. It has been crafted on a fice 1 year to study and report back to Committee, having had under consider- bipartisan basis. We have worked very Congress on the number of complaints ation the bill (H.R. 3717) to increase the closely together, Democrat and Repub- concerning the broadcasting of obscen- penalties for violations by television lican, on this issue right from the be- ity, indecency, and profane material to and radio broadcasters of the prohibi- ginning; and this amendment reflects the Federal Communications Commis- tions against transmission of obscene, that continuing level of cooperation. I sion; the number of such complaints indecent, and profane language, pursu- just want any of the Members who are that result in final agency actions by ant to House Resolution 554, he re- listening to this debate to understand the commission; the length of time ported the bill back to the House with that that consensus has been reached. taken by the commission in responding an amendment adopted by the Com- Mr. MARKEY. Mr. Chairman, I have to such complaints; what mechanisms mittee of the Whole. no other Members seeking recognition, the commission has established to pro- The SPEAKER pro tempore. Under and I yield back the balance of my ceed, investigate, and respond to such the rule, the previous question is or- time. complaints; and whether such com- dered. Mr. UPTON. Mr. Chairman, I yield plaints to the commission are ade- Is a separate vote demanded on any back the balance of my time. quately informed by the commission of amendment to the committee amend- The CHAIRMAN pro tempore (Mr. their responses to those complainants. ment in the nature of a substitute ISAKSON). The question is on the I believe that this amendment will adopted by the Committee of the amendment offered by the gentleman help this body to conform with third- Whole? If not, the question is on the from Michigan (Mr. UPTON). party data and the relevant facts and amendment. The amendment was agreed to. figures that the FCC is doing its ut- The amendment was agreed to. The CHAIRMAN pro tempore. It is most to carry out the intent of the im- The SPEAKER pro tempore. The now in order to consider amendment portant legislation that we are consid- question is the engrossment and third No. 2 printed in House Report 108–436. ering today. reading of the bill. AMENDMENT NO. 2 OFFERED BY MR. SESSIONS The Upton legislation will crack The bill was ordered to be engrossed Mr. SESSIONS. Mr. Chairman, I offer down on indecent over-the-air broad- and read a third time, and was read the an amendment. casts and will bring much-needed ac- third time.

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.043 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1035 The SPEAKER pro tempore. The Lewis (KY) Owens Shuster radio broadcasters of the prohibitions question is on the passage of the bill. Linder Oxley Simmons against transmission of obscene, inde- Lipinski Pallone Simpson The question was taken; and the LoBiondo Pascrell Skelton cent, and profane material, and for Speaker pro tempore announced that Lowey Pastor Slaughter other purposes.’’. the ayes appeared to have it. Lucas (KY) Payne Smith (MI) A motion to reconsider was laid on Lucas (OK) Pearce Smith (NJ) the table. RECORDED VOTE Lynch Pelosi Smith (TX) Mr. UPTON. Mr. Speaker, I demand a Majette Pence Smith (WA) Stated for: Manzullo Peterson (MN) Snyder Mrs. MALONEY. Mr. Speaker, I was un- recorded vote. Markey Peterson (PA) Solis Marshall Petri avoidably delayed and missed rollcall vote No. A recorded vote was ordered. Souder Matheson Pickering 55. Had I been present I would have voted The SPEAKER pro tempore. Pursu- Spratt Matsui Pitts ant to clause 8 of rule XX, this 15- Stearns ‘‘aye,’’ in favor of H.R. 3717, the Broadcast McCarthy (MO) Platts Decency Enforcement Act of 2004. minute vote on passage will be fol- McCarthy (NY) Pombo Stenholm Strickland McCollum Pomeroy f lowed by two 5-minute votes on sus- Stupak pending the rules and adopting House McCotter Porter McCrery Portman Sullivan GENERAL LEAVE Concurrent Resolution 15 and House McDermott Price (NC) Sweeney Resolution 540, as amended. McGovern Pryce (OH) Tancredo Mr. UPTON. Mr. Speaker, I ask unan- The vote was taken by electronic de- McHugh Putnam Tanner imous consent that all Members may McInnis Quinn Tauscher have 5 legislative days within which to vice, and there were—ayes 391, noes 22, McIntyre Radanovich Taylor (MS) answered ‘‘present’’ 1, not voting 19, as McKeon Rahall Taylor (NC) revise and extend their remarks and in- follows: McNulty Ramstad Terry clude extraneous material on H.R. 3717. Meehan Rangel Thomas [Roll No. 55] The SPEAKER pro tempore. Is there Meek (FL) Regula Thompson (CA) objection to the request of the gen- AYES—391 Meeks (NY) Rehberg Thompson (MS) Menendez Renzi Thornberry tleman from Michigan? Abercrombie Cooper Graves Mica Reyes Tiahrt There was no objection. Aderholt Costello Green (TX) Michaud Reynolds Tiberi Akin Cox Green (WI) Millender- Rogers (AL) Tierney f Alexander Cramer Greenwood McDonald Rogers (KY) Toomey Allen Crane Gutierrez Miller (MI) Rogers (MI) Towns ANNOUNCEMENT BY THE SPEAKER Andrews Crenshaw Gutknecht Miller (NC) Rohrabacher Baca Crowley Hall Turner (OH) PRO TEMPORE Miller, Gary Ros-Lehtinen Turner (TX) Bachus Cubin Harris Miller, George Ross The SPEAKER pro tempore (Mr. Baker Culberson Hart Udall (NM) Mollohan Rothman A OOD Baldwin Cummings Hastings (FL) Upton L H ). Pursuant to clause 8 of rule Moore Roybal-Allard Van Hollen Ballance Cunningham Hastings (WA) Moran (KS) Royce XX, proceedings will resume on mo- Visclosky Ballenger Davis (AL) Hayes Moran (VA) Ruppersberger tions to suspend the rules previously Vitter Barrett (SC) Davis (CA) Hayworth Murphy Rush Walden (OR) postponed. Votes will be taken in the Bartlett (MD) Davis (FL) Hefley Murtha Ryan (OH) Walsh following order: Barton (TX) Davis (TN) Hensarling Musgrave Ryan (WI) Wamp Bass Davis, Jo Ann Herger Myrick Ryun (KS) House Concurrent Resolution 15, by Beauprez Davis, Tom Hill Napolitano Sabo Watson the yeas and nays; Becerra Deal (GA) Hinchey Neal (MA) Sa´ nchez, Linda Watt House Resolution 540, by the yeas and Bereuter DeGette Hinojosa Nethercutt T. Weiner Berry Delahunt Hobson Neugebauer Sanders Weldon (FL) nays. Biggert DeLauro Hoeffel Ney Sandlin Weldon (PA) These remaining electronic votes will Bilirakis DeLay Hoekstra Northup Saxton Weller be conducted as 5-minute votes. Bishop (GA) DeMint Holden Norwood Schiff Wexler Bishop (NY) Deutsch Holt Nunes Schrock Whitfield f Bishop (UT) Diaz-Balart, L. Hooley (OR) Nussle Scott (GA) Wilson (NM) Blackburn Diaz-Balart, M. Hostettler Oberstar Sensenbrenner Wilson (SC) COMMENDING INDIA ON ITS Blumenauer Dicks Houghton Obey Sessions Wolf CELEBRATION OF REPUBLIC DAY Blunt Dingell Hoyer Olver Shadegg Woolsey Boehlert Doggett Hulshof Ortiz Shaw Wu The SPEAKER pro tempore. The un- Boehner Dooley (CA) Hunter Osborne Shays Wynn finished business is the question of sus- Bonilla Doyle Hyde Ose Sherwood Young (AK) pending the rules and agreeing to the Bonner Dreier Inslee Otter Shimkus Young (FL) Bono Duncan Isakson concurrent resolution, H. Con. Res. 15. Boozman Dunn Israel NOES—22 The Clerk read the title of the con- Boswell Edwards Issa Ackerman Jackson-Lee Paul Boucher Ehlers Istook current resolution. Baird (TX) Schakowsky Boyd Emanuel Jackson (IL) The SPEAKER pro tempore. The Berman Jones (OH) Scott (VA) Bradley (NH) Emerson Jefferson Kucinich Serrano question is on the motion offered by Brady (PA) Engel Jenkins Clay Grijalva Lee Stark the gentleman from Iowa (Mr. LEACH) Brady (TX) English Johnson (CT) Lewis (GA) Vela´ zquez Brown (OH) Eshoo Johnson (IL) Harman that the House suspend the rules and Honda Lofgren Waters Brown (SC) Etheridge Johnson, E. B. Nadler Waxman agree to the concurrent resolution, H. Brown, Corrine Evans Johnson, Sam Con. Res. 15, on which the yeas and Brown-Waite, Everett Jones (NC) ANSWERED ‘‘PRESENT’’—1 Ginny Farr Kanjorski nays are ordered. Sherman Burgess Fattah Kaptur This will be a 5-minute vote. Burns Feeney Keller NOT VOTING—19 The vote was taken by electronic de- Burr Ferguson Kelly vice, and there were—yeas 418, nays 0, Burton (IN) Filner Kennedy (MN) Bell Fossella Rodriguez Buyer Flake Kennedy (RI) Berkley Gibbons Sanchez, Loretta not voting 15, as follows: Calvert Foley Kildee Cardoza John Tauzin [Roll No. 56] Camp Forbes Kilpatrick Conyers King (NY) Udall (CO) Cannon Ford Kind Davis (IL) Lewis (CA) Wicker YEAS—418 Cantor Frank (MA) King (IA) DeFazio Maloney Abercrombie Bass Bonner Capito Franks (AZ) Kingston Doolittle Miller (FL) Ackerman Beauprez Bono Capps Frelinghuysen Kirk Aderholt Becerra Boozman Capuano Frost Kleczka b 1303 Akin Bereuter Boswell Cardin Gallegly Kline Mrs. JONES of Ohio changed her vote Alexander Berman Boucher Carson (IN) Garrett (NJ) Knollenberg Allen Berry Boyd Carson (OK) Gephardt Kolbe from ‘‘aye’’ to ‘‘no.’’ Andrews Biggert Bradley (NH) Carter Gerlach LaHood Mr. GINGREY and Mr. MCINNIS Baca Bilirakis Brady (PA) Case Gilchrest Lampson changed their vote from ‘‘no’’ to ‘‘aye.’’ Bachus Bishop (GA) Brady (TX) Castle Gillmor Langevin Baird Bishop (NY) Brown (OH) Chabot Gingrey Lantos So the bill was passed. Baker Bishop (UT) Brown (SC) Chandler Gonzalez Larsen (WA) The result of the vote was announced Baldwin Blackburn Brown, Corrine Chocola Goode Larson (CT) as above recorded. Ballance Blumenauer Brown-Waite, Clyburn Goodlatte Latham The title of the bill was amended so Ballenger Blunt Ginny Coble Gordon LaTourette Barrett (SC) Boehlert Burgess Cole Goss Leach as to read: ‘‘A bill to increase the pen- Bartlett (MD) Boehner Burns Collins Granger Levin alties for violations by television and Barton (TX) Bonilla Burr

VerDate jul 14 2003 00:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.047 H11PT1 H1036 CONGRESSIONAL RECORD — HOUSE March 11, 2004 Burton (IN) Grijalva McInnis Scott (VA) Stenholm Vela´ zquez Brady (TX) Goodlatte McCollum Buyer Gutierrez McIntyre Sensenbrenner Strickland Visclosky Brown (OH) Gordon McCotter Calvert Gutknecht McKeon Serrano Stupak Vitter Brown (SC) Goss McCrery Camp Hall McNulty Sessions Sullivan Walden (OR) Brown, Corrine Granger McDermott Cannon Harman Meehan Shadegg Sweeney Walsh Brown-Waite, Graves McGovern Cantor Harris Meek (FL) Shaw Tancredo Wamp Ginny Green (TX) McHugh Capito Hart Meeks (NY) Shays Tanner Waters Burgess Green (WI) McInnis Capps Hastings (FL) Menendez Sherman Tauscher Watson Burns Greenwood McIntyre Capuano Hastings (WA) Mica Sherwood Taylor (MS) Watt Burr Grijalva McKeon Cardin Hayes Michaud Shimkus Taylor (NC) Waxman Burton (IN) Gutierrez McNulty Shuster Terry Carson (IN) Hayworth Millender- Weiner Buyer Gutknecht Meehan Simmons Thomas Carson (OK) Hefley McDonald Weldon (FL) Calvert Hall Meek (FL) Simpson Thompson (CA) Carter Hensarling Miller (MI) Weldon (PA) Cannon Harman Meeks (NY) Skelton Thompson (MS) Case Herger Miller (NC) Weller Cantor Harris Menendez Miller, Gary Slaughter Thornberry Capito Castle Hill Wexler Hart Mica Chabot Hinchey Miller, George Smith (MI) Tiahrt Capps Hastings (FL) Michaud Whitfield Chandler Hinojosa Mollohan Smith (NJ) Tiberi Capuano Hastings (WA) Millender- Wilson (NM) Chocola Hobson Moore Smith (TX) Tierney Cardin Hayes McDonald Wilson (SC) Clay Hoeffel Moran (KS) Smith (WA) Toomey Carson (IN) Hayworth Miller (MI) Wolf Clyburn Hoekstra Moran (VA) Snyder Towns Carson (OK) Hefley Miller (NC) Woolsey Coble Holden Murphy Solis Turner (OH) Carter Hensarling Miller, Gary Cole Holt Murtha Souder Turner (TX) Wu Case Herger Miller, George Collins Honda Musgrave Spratt Udall (NM) Wynn Castle Hill Mollohan Conyers Hooley (OR) Myrick Stark Upton Young (AK) Chabot Hinchey Moore Cooper Hostettler Nadler Stearns Van Hollen Young (FL) Chandler Hinojosa Moran (KS) Costello Houghton Napolitano NOT VOTING—15 Chocola Hobson Moran (VA) Cox Hoyer Neal (MA) Clay Hoeffel Murphy Cramer Hulshof Nethercutt Bell Fossella Miller (FL) Clyburn Hoekstra Murtha Crane Hunter Neugebauer Berkley Gibbons Rodriguez Coble Holden Musgrave Crenshaw Hyde Ney Cardoza John Tauzin Cole Holt Myrick Crowley Inslee Northup Davis (IL) King (NY) Udall (CO) Collins Honda Nadler Cubin Isakson Norwood DeFazio Lewis (CA) Wicker Conyers Hooley (OR) Napolitano Nunes Cooper Neal (MA) Culberson Israel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hostettler Cummings Issa Nussle Costello Houghton Nethercutt Cunningham Istook Oberstar The SPEAKER pro tempore (during Cox Hoyer Neugebauer Davis (AL) Jackson (IL) Obey the vote). Members are advised that 2 Cramer Hulshof Ney Davis (CA) Jackson-Lee Olver minutes remain in the vote. Crane Hunter Northup Davis (FL) (TX) Ortiz Crenshaw Hyde Nussle Davis (TN) Jefferson Osborne Crowley Inslee Oberstar Davis, Jo Ann Jenkins Ose b 1313 Cubin Isakson Obey Davis, Tom Johnson (CT) Otter So (two-thirds having voted in favor Culberson Israel Olver Deal (GA) Johnson (IL) Owens thereof) the rules were suspended and Cummings Issa Ortiz DeGette Johnson, E. B. Oxley Cunningham Jackson (IL) Osborne Delahunt Johnson, Sam Pallone the concurrent resolution was agreed Davis (AL) Jackson-Lee Ose DeLauro Jones (NC) Pascrell to. Davis (CA) (TX) Otter DeLay Jones (OH) Pastor The result of the vote was announced Davis (FL) Jefferson Owens DeMint Kanjorski Paul Davis (TN) Jenkins Oxley Deutsch Kaptur Payne as above recorded. Davis, Jo Ann Johnson (CT) Pallone Diaz-Balart, L. Keller Pearce A motion to reconsider was laid on Davis, Tom Johnson (IL) Pascrell Diaz-Balart, M. Kelly Pelosi the table. Deal (GA) Johnson, E. B. Pastor Dicks Kennedy (MN) Pence DeGette Johnson, Sam Paul Dingell Kennedy (RI) Peterson (MN) f Delahunt Jones (NC) Payne Doggett Kildee Peterson (PA) DeLauro Jones (OH) Pearce Dooley (CA) Kilpatrick Petri EXPRESSING CONDOLENCES OF DeLay Kanjorski Pence Doolittle Kind Pickering DeMint Kaptur Peterson (MN) Doyle King (IA) Pitts HOUSE OF REPRESENTATIVES Deutsch Keller Peterson (PA) Dreier Kingston Platts FOR UNTIMELY DEATH OF MAC- Diaz-Balart, L. Kelly Petri Duncan Kirk Pombo EDONIAN PRESIDENT BORIS Diaz-Balart, M. Kennedy (MN) Pickering Dunn Kleczka Pomeroy TRAJKOVSKI Dicks Kennedy (RI) Pitts Edwards Kline Porter Dingell Kildee Platts Ehlers Knollenberg Portman The SPEAKER pro tempore. The un- Doggett Kilpatrick Pombo Emanuel Kolbe Price (NC) finished business is the question of sus- Dooley (CA) Kind Pomeroy Emerson Kucinich Pryce (OH) Doolittle King (IA) Porter Engel LaHood Putnam pending the rules and agreeing to the Doyle Kingston Portman English Lampson Quinn resolution, H. Res. 540, as amended. Dreier Kirk Price (NC) Eshoo Langevin Radanovich The Clerk read the title of the resolu- Duncan Kleczka Pryce (OH) Etheridge Lantos Rahall Dunn Kline Putnam Evans Larsen (WA) Ramstad tion. Edwards Knollenberg Quinn Everett Larson (CT) Rangel The SPEAKER pro tempore. The Ehlers Kolbe Radanovich Farr Latham Regula question is on the motion offered by Emanuel Kucinich Rahall Fattah LaTourette Rehberg the gentleman from Nebraska (Mr. BE- Emerson LaHood Ramstad Feeney Leach Renzi Engel Lampson Rangel Ferguson Lee Reyes REUTER) that the House suspend the English Langevin Regula Filner Levin Reynolds rules and agree to the resolution, H. Eshoo Lantos Rehberg Flake Lewis (GA) Rogers (AL) Res. 540, as amended, on which the yeas Etheridge Larsen (WA) Renzi Foley Lewis (KY) Rogers (KY) Evans Larson (CT) Reyes Forbes Linder Rogers (MI) and nays are ordered. Everett Latham Reynolds Ford Lipinski Rohrabacher This will be a 5-minute vote. Farr LaTourette Rogers (AL) Frank (MA) LoBiondo Ros-Lehtinen The vote was taken by electronic de- Fattah Leach Rogers (KY) Franks (AZ) Lofgren Ross vice, and there were—yeas 411, nays 0, Feeney Lee Rogers (MI) Frelinghuysen Lowey Rothman Ferguson Levin Rohrabacher Frost Lucas (KY) Roybal-Allard not voting 22, as follows: Filner Lewis (GA) Ros-Lehtinen Gallegly Lucas (OK) Royce [Roll No. 57] Flake Lewis (KY) Ross Garrett (NJ) Lynch Ruppersberger Foley Linder Rothman Gephardt Majette Rush YEAS—411 Forbes Lipinski Roybal-Allard Gerlach Maloney Ryan (OH) Abercrombie Barrett (SC) Blackburn Ford LoBiondo Royce Gilchrest Manzullo Ryan (WI) Ackerman Bartlett (MD) Blumenauer Frank (MA) Lofgren Ruppersberger Gillmor Markey Ryun (KS) Aderholt Barton (TX) Blunt Franks (AZ) Lowey Rush Gingrey Marshall Sabo Akin Bass Boehlert Frelinghuysen Lucas (KY) Ryan (OH) Gonzalez Matheson Sa´ nchez, Linda Alexander Beauprez Boehner Frost Lucas (OK) Ryan (WI) Goode Matsui T. Allen Becerra Bonilla Gallegly Lynch Ryun (KS) Goodlatte McCarthy (MO) Sanchez, Loretta Andrews Bereuter Bonner Garrett (NJ) Majette Sabo Gordon McCarthy (NY) Sanders Baca Berman Bono Gephardt Maloney Sa´ nchez, Linda Goss McCollum Sandlin Bachus Berry Boozman Gerlach Manzullo T. Granger McCotter Saxton Baird Biggert Boswell Gilchrest Markey Sanchez, Loretta Graves McCrery Schakowsky Baker Bilirakis Boucher Gillmor Matheson Sanders Green (TX) McDermott Schiff Baldwin Bishop (GA) Boyd Gingrey Matsui Sandlin Green (WI) McGovern Schrock Ballance Bishop (NY) Bradley (NH) Gonzalez McCarthy (MO) Saxton Greenwood McHugh Scott (GA) Ballenger Bishop (UT) Brady (PA) Goode McCarthy (NY) Schakowsky

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A11MR7.014 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1037 Schiff Stearns Vela´ zquez Rollcall vote No. 55, on passage of H.R. I have not seen the statement so I do Schrock Stenholm Visclosky 3717—‘‘yes’’; not know what it is, but clearly we are, Scott (GA) Strickland Vitter Scott (VA) Stupak Walden (OR) Rollcall vote No. 56, on passage of H. Con. I think, all proud of the actions of our Sensenbrenner Sullivan Walsh Res. 15—‘‘yes’’; and Armed Forces; and they carried out Serrano Sweeney Wamp Rollcall vote No. 57, on passage of H. Res. their mission in an extraordinarily ef- Sessions Tancredo Waters 540—‘‘yes.’’ fective, efficient, and courageous man- Shadegg Tanner Watson Shaw Tauscher f Watt ner. We are all proud of our men and Shays Taylor (MS) Waxman women in uniform for what they have Sherman Taylor (NC) LEGISLATIVE PROGRAM Sherwood Terry Weiner done. We are all pleased, as well, that Weldon (FL) (Mr. HOYER asked and was given Saddam Hussein has been captured and Shimkus Thomas permission to address the House for 1 Shuster Thompson (CA) Weldon (PA) is in custody and no longer at least Weller minute.) Simmons Thompson (MS) poses a personal threat; but I am sure Simpson Thornberry Wexler Mr. HOYER. Mr. Speaker, I wish to Skelton Tiahrt Whitfield address the House for the purposes of my friend from Ohio agrees that hope- Slaughter Tiberi Wilson (NM) fully this statement will be one which Smith (MI) Tierney Wilson (SC) inquiring of the acting majority leader the schedule for the coming week; and is reached in a bipartisan way and we Smith (NJ) Toomey Wolf can have overwhelmingly bipartisan Smith (TX) Towns Woolsey I would be glad to yield to my good Smith (WA) Turner (OH) Wu friend, the gentleman from Ohio (Mr. support of. Snyder Turner (TX) I certainly, as one who supported, as Wynn PORTMAN), who chairs the leadership Solis Udall (NM) Young (AK) my colleague knows, the effort in Iraq committee, or I am not sure of his Spratt Upton Young (FL) and supported the funding for that ef- Stark Van Hollen exact title, but he is my friend and an able Member of this body, and I am fort, want to be able to support it. I NOT VOTING—22 have not seen it, but I am hopeful that Bell Istook Pelosi glad to yield to him. Mr. PORTMAN. Mr. Speaker, I thank we do this in a bipartisan way. Berkley John Rodriguez I would be glad to yield to my friend Camp King (NY) Souder my friend from Maryland for yielding Cardoza Lewis (CA) Tauzin to me, and I would be happy to talk to comment on this issue. Davis (IL) Marshall Mr. PORTMAN. Mr. Speaker, I thank Udall (CO) about the schedule for next week. DeFazio Miller (FL) Wicker my colleague for yielding, and I have Fossella Norwood Mr. Speaker, the House will convene Gibbons Nunes on Tuesday at 12:30 p.m. for morning not seen the resolution either. It has not been introduced yet. My under- b 1324 business, 2 p.m. for legislative business. We will consider several measures standing is that the gentleman from Il- So (two-thirds having voted in favor under suspension of the rules. A final linois (Chairman HYDE) has taken the thereof) the rules were suspended and list of those will also be sent to Mem- lead on that and the Committee on the resolution, as amended, was agreed bers’ offices by the end of this week. International Relations, and he will be to. Any votes called on those suspensions consulting with the gentleman from The result of the vote was announced will be rolled until 6:30 p.m., as has California (Ranking Member LANTOS), as above recorded. and I am sure he would appreciate any A motion to reconsider was laid on been our custom. On Wednesday and Thursday, Mr. input that Members have on both sides. the table. Speaker, the House will convene at 10 It would be good if we could as a House f a.m. We still hope to consider the budg- support this resolution on a bipartisan PERSONAL EXPLANATION et resolution for fiscal year 2005, al- basis because it will be, as my col- though that is being worked out. league said, important to be able to Mr. LEWIS of California. Mr. Speaker, due show that support for our troops who to personal business, I was unavoidably de- In addition, as we all know, next week is the anniversary of the start of are currently in Iraq performing for us tained during rollcall votes 55 and 56 on and for the American people. March 11, 2004. Had I been present for rollcall Operation Iraqi Freedom, as well as the anniversary of Saddam Hussein’s chem- Mr. HOYER. Mr. Speaker, I thank 55 on H.R. 3717, the ‘‘Broadcast Decency En- the gentleman for that information; forcement Act of 2004,’’ I would have voted ical weapons attacks against the Kurds. So on Wednesday, the House and I understand he is a little bit in ‘‘yea.’’ Had I been present for rollcall 56, H. the same position I am, having just Con. Res. 15, ‘‘Commending India on its cele- will consider a resolution remembering these historical events and commemo- learned of this in the last few minutes. bration of Republic Day,’’ I would have voted I am pleased to hear that the gen- ‘‘yea.’’ rating the allied forces, including our troops, for the liberation of Iraq. tleman from Illinois (Mr. HYDE) will be f Finally, I would like to remind all communicating with and working with PERSONAL EXPLANATION Members that we do not plan to have the gentleman from California (Mr. LANTOS). Again, while there are, obvi- Mr. GIBBONS. Mr. Speaker, I would like to votes next Friday, March 19. ously, as we all know, disagreements offer a personal explanation of the reason for I thank my friend from Maryland on the prosecution of that effort, my absence on March 10 and 11, 2004. Last very much for yielding to me, and I whether we should have undertaken it, week, former Governor of Nevada Mike would be happy to answer any ques- there is no, I think, dispute on the un- O’Callaghan passed away and I had to leave tions, or try to answer any questions, derlying support of our troops, their ef- Washington this Wednesday afternoon, March he might have. Mr. HOYER. Mr. Speaker, I thank fort, their safety, and their objectives. 10, to attend funeral services for Governor the gentleman for the information he Hopefully, that is what we will articu- O’Callaghan. I respectfully request that it be entered into has provided us. late. This is the first time at least that I I thank the gentleman for his infor- the CONGRESSIONAL RECORD that if present, I have heard of the consideration of the mation, and I will surely be talking to would have voted: Iraqi resolution next week. I under- Rollcall vote No. 48, on agreeing to the the gentleman from California (Mr. stand the timing of that and the date Scott (VA) amendment—‘‘no’’; LANTOS), as I know our leader will, to Rollcall vote No. 49, on agreeing to the Watt on which that effort began. Because I try to make sure that we are all to- amendment—‘‘no’’; have just heard about this and have not gether on this statement, which I Rollcall vote No. 50, on agreeing to the An- had an opportunity to talk to our rank- think will be good for our troops and drews amendment—‘‘no’’; ing members on either the foreign af- good for the world to see as well. I Rollcall vote No. 51, on agreeing to the Ack- fairs committee or on the defense com- thank the gentleman. erman amendment—‘‘no’’; mittee, can the gentleman inform me We had expected to see the budget Rollcall vote No. 52, on agreeing to the as to whether or not this resolution has resolution on the floor next week. Jackson-Lee amendment—‘‘no’’; been put together in a bipartisan way, Then, frankly, we had heard in the last Rollcall vote No. 53, on agreeing to the Watt with participation by the minority? few hours, or few minutes, that that amendment—‘‘no’’; The reason I ask the gentleman that is was not going to be the case, that the Rollcall vote No. 54, on agreeing to the I think all of us want to ensure that we markup had been called off or can- Resolution, H.R. 339—‘‘yes’’; are united on it. celled, rescheduled by the gentleman

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A11MR7.015 H11PT1 H1038 CONGRESSIONAL RECORD — HOUSE March 11, 2004 from Iowa (Mr. NUSSLE) for next week. Mr. PORTMAN. I thank the gen- decision whether that will be part of Our presumption was, if that was the tleman for yielding further. the budget resolution. I think that is case, then the budget would be delayed It is my understanding that, as in part of the discussion now whether a week. prior years, the Committee on Rules there will be separate legislation. Now the information is, and I know will give preference to complete sub- There are advantages and disadvantage the gentleman from Texas (Mr. stitutes rather than amendments to to both, I suppose, but that decision DELAY), the leader, is not on the floor, the budget document. It is my under- has not been made yet. it is my understanding that perhaps he standing further that we will provide Mr. HOYER. Mr. Speaker, I appre- is working on trying to effect agree- adequate time, as we have in the past, ciate the gentleman’s response. In ad- ment, but can the gentleman tell me for both general debate and for these dition, of course, to the substitute, or whether or not he has confidence that substitutes. an amendment to the budget in the that will be on the floor next week, or Historically, this debate has varied form of a substitute, I am sure that we are we waiting to see what is going to between 3 to 5 hours for general debate would be, depending upon what comes happen today to make that final deci- and 40 minutes to 1 hour for amend- out of the committee, very much com- sion? ments or substitutes. It is my under- mitted to offering an enforcement Mr. PORTMAN. Mr. Speaker, if my standing that it is the intention once mechanism proposal of our own. We be- colleague will yield further, it is still again for the Committee on Rules to lieve that the enforcement mechanism up in the air. As the gentleman knows, provide those kinds of rules. Of course, that was in place some years ago was we had planned to have the budget they have not seen the various resolu- effective in reaching balance and, in marked up in committee today and tions yet, including the one that comes fact, taking us into surplus. That was then brought to the floor next week. It out of the Committee on the Budget. allowed to lapse, and is not in force is important that we keep our time But that is certainly the intent of the now, which allowed us to do the tax frame because it is important that we Committee on Rules at this point. cuts that were passed over the last 3 have our appropriations bills done in a Mr. HOYER. Mr. Speaker, I thank years. timely manner. So we are still hopeful the gentleman for that observation, Is the gentleman of the view that we that can happen, but we have had some and I would hope we do follow that will be allowed to have, under the delays in the markup today. We did get practice. Because, clearly, while the rules, a substitute and/or amendments started on the markup. We had some budget document, in particular for to the proposal for enforcement that is good opening statements, and we are those of us who serve on the Com- reported out of the Committee on the going back into committee later today, mittee on Appropriations, is a rel- Budget? but there are currently negotiations atively broad-brush document, it does I yield to my friend. over whether we can finish that today very pointedly speak to the priorities Mr. PORTMAN. Mr. Speaker, I thank or not. that Members have and that we think the gentleman for yielding to me. I will say that we are excited about our country ought to have. Because of I do not know what form it will take. the budget document. It does restrain that, it becomes even more important, If it is part of the budget resolution, I spending, which we believe is the right I think, in the people’s House that the suppose then other budget resolution thing to do. There have been some dis- people’s representatives have an oppor- substitutes, as we talked about earlier, agreements between the bodies, even tunity to offer alternatives so that not might include enforcement mecha- between Members, on both sides of the only Members, but the American public nisms as well. The gentleman men- aisle, over some of the budget enforce- can form a judgment of their own as to tioned the ranking member may indeed ment mechanisms. Those are more the what alternative is in the best interest offer one of his own. If it is separate issues here that have to do with caps of our country. legislation, the Committee on Rules and PAYGOs and those sorts of issues; So I appreciate the gentleman’s ob- would take that up. but the budget itself, this resolution, servation that full substitutes, and I do not know, I would say to my we hope to be able to mark up today. If usually, as you know, that is what we friend from Maryland, I do not know not, we will certainly mark it up next have been offering, and certainly it is when that would be. I do not know if it week. will be the same time as the budget. Mr. HOYER. Mr. Speaker, I thank the intention of the gentleman from There are other committees, particu- the gentleman. South Carolina, as the ranking mem- Last week, I asked the leader and ber, to offer a substitute. Of course we larly the Committee on Rules, that would ask the gentleman, as we ap- do not know what ultimately is going will have jurisdiction of any enforce- proach next week, assuming that the to happen, we will have to see what the ment mechanism. Ultimately, it is up budget is to be on the floor next week, Committee on the Budget produces, to the will of the Congress, is it not, as about the commitment of the majority but I am sure that the gentleman from to how we enforce our budgets? I just do not know what the likely to allowing the minority, as has his- South Carolina will want to offer a form will take. Again, I think our goal torically happened, to have various al- substitute. would be to have a healthy debate over ternatives. As the gentleman knows, The gentleman mentioned enforce- the enforcement mechanisms. We feel the Congressional Black Caucus has al- ment mechanisms. The Senate, as you strongly that spending ought to be sub- ways had the opportunity to offer an know, the other body, has adopted an ject to the pay-go rules. We feel strong- alternative that was a thoughtful, per- enforcement mechanism, which we ly that the tax relief that was enacted suasive budget. I did not always sup- think if you are going to have an en- over the last 3 years has now turned port it. forcement mechanism makes sense. First of all, does the gentleman know this economy around and we are begin- b 1330 whether the enforcement mechanism ning to see growth. So we would hate We have other caucuses who may will be in a separate piece or legisla- to subject those to the kinds of pay-go want to offer alternatives as well, and tion included in the budget offering rules that would not have permitted, clearly the gentleman from South itself? during the time when the economy was Carolina (Mr. SPRATT), the ranking Mr. Speaker, I yield to my friend. in bad shape, for us to begin to get member of the Committee on the Budg- Mr. PORTMAN. Let me say at the some economic stimulus and growth. et on our side of the aisle, will want to outset that we welcome a substitute So this may be some of the debates offer a substitute as well. from the gentleman from South Caro- we will have on the floor, and I would Is the gentleman aware of whether or lina (Mr. SPRATT), better yet that he think we would encourage that. not, as has happened in the past, we supports the substitute the gentleman Mr. HOYER. Mr. Speaker, I under- will be afforded the opportunity to from Iowa (Mr. NUSSLE) will offer in stand the gentleman’s comment, but as offer various alternatives to the budget committee. But certainly having an al- he knows, Mr. Greenspan, who has not document that will be reported out of ternative is welcome and the debate been necessarily an advocate of our committee? will be a healthy one. side of the argument, as a matter of Mr. Speaker, I yield to the gen- With regard to any budget enforce- fact, has been on the gentleman’s side tleman. ment mechanisms, there has not been a of the argument on the tax cuts, has

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.053 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1039 made it very clear that he believes, for We believe that if the Rangel-Crane SPECIAL ORDERS the interest of economic security and or the Rangel-Manzullo bill, or the The SPEAKER pro tempore. Under stability in the country, that the pay- Manzullo-Rangel bill were reported the Speaker’s announced policy of Jan- go rules ought to apply on both the out, I think we would see well over 225 uary 7, 2003, and under a previous order spending and the tax side. Because, of to 230 votes for that, maybe more. But of the House, the following Members course, in either event, you can plunge in any event, I appreciate the gentle- will be recognized for 5 minutes each. yourself, as we believe we have, into man’s comments. f deep deficits. Mr. PORTMAN. Mr. Speaker, if the So I think that will be a good debate. The SPEAKER pro tempore. Under a gentleman will yield a moment. previous order of the House, the gen- We will obviously point to Mr. Green- Mr. HOYER. Mr. Speaker, I would be tleman from Oregon (Mr. DEFAZIO) is span’s assertions, which we agree in glad to yield to the gentleman. recognized for 5 minutes. this instance, that it is very difficult Mr. PORTMAN. I respect the gentle- (Mr. DEFAZIO addressed the House. to control if you do not have pay-go ap- man’s vote-counting ability, as he His remarks will appear hereafter in plying on both sides of the ledger. knows, but being on the committee, I the Extensions of Remarks.) Lastly, if I might, as a distinguished can say that I am not certain such a member of the Committee on Ways and bill could have even been reported out f Means, a senior member of the Com- the committee because there are many The SPEAKER pro tempore. Under a mittee on Ways and Means, the gen- complexities with responding to this previous order of the House, the gen- tleman knows that the Foreign Sales tough issue. tleman from Indiana (Mr. BURTON) is Corporation legislation has been pend- Mr. HOYER. Reclaiming my time, recognized for 5 minutes. (Mr. BURTON of Indiana addressed ing for many, many months now. We Mr. Speaker, if I can just briefly, I the House. His remarks will appear are concerned, as you know, that the share the gentleman’s view. I do not hereafter in the Extensions of Re- Europeans are now imposing sanctions think such a bill could be reported out marks.) as a result of the WTO’s finding that of the Committee on Ways and Means we are not in compliance. either. Our perception is, as the gen- f Can the gentleman tell me whether tleman well knows, it is tough to pass LOSS OF JOBS IN OHIO or not the FSC legislation will be on bipartisan bills out of the Committee the floor any time soon; and, if so, The SPEAKER pro tempore. Under a on Ways and Means because I do not whether or not the Rangel-Manzullo al- previous order of the House, the gen- think there is any interest in doing ternative will be made in order as an tleman from Ohio (Mr. BROWN) is rec- that. I think that is unfortunate be- alternative? ognized for 5 minutes. I yield to my friend from Ohio. cause this is a critical problem con- Mr. BROWN of Ohio. Mr. Speaker, Mr. PORTMAN. Mr. Speaker, I thank fronting us. yesterday President Bush made a cam- my friend from Maryland for yielding I think we could have, as we have in paign trip to Cleveland to speak to to me again. the past, and the drug reimportation small business people to explain his The legislation is very much on our being a perfect example of a bill that economic policy and to try to answer minds. As you know, the Committee on passed very handily in a bipartisan why Ohio has lost 300,000 jobs in the Ways and Means has worked hard on fashion through this House. Unfortu- last 3 years; to try to explain why Ohio this legislation already. The gentleman nately, it did not make it out of the has lost 160,000 manufacturing jobs; mentioned the substitute which the conference committee. Notwith- that one out of every six manufac- gentleman from New York (Mr. RAN- standing the fact that both Houses turing jobs in Ohio has disappeared, GEL) may want to offer in committee. were for it, there were people who were likely permanently for most of them. The tariff increases are beginning to not for it. One out of six jobs in manufacturing take effect, increasing by 1 percent But this is a critical problem, and my has disappeared since President Bush every month, so it is something we are only suggestion to my good friend, took office. working hard on. with whom I have worked in a very bi- He also came to Ohio to answer why We do want to work closely with the partisan fashion on very successful leg- the head of his council, the chairman other body on this to be sure that we islation, and I know the gentleman’s of his Council of Economic Advisers, can actually enact legislation, as well inclination is to do that, to legislate, Gregory Mankiw, said that outsourcing as with the President and with his not just to throw bombs at one an- of jobs, jobs moving overseas, that Mr. team, the U.S. Trade Representative’s other. I thank the gentleman for his Mankiw said and the President signed Office and the Treasury Department in observation and hope, in fact, that he a report supporting this, that particular. So we are working closely is correct and we move on this quickly. outsourcing was a good thing because with them. And if it is not a bipartisan bill as it it makes the economy more efficient. I do not know when legislation may comes to the floor, I hope that we do Now, Mr. Speaker, I think the Presi- come to the floor, but I understand provide for the minority an oppor- dent needs to explain a little better. that the Committee on Ways and tunity to offer an alternative which we Last week, I was in Akron, in my dis- Means is planning another meeting think will be in the best interest of trict. Akron, Ohio. I spoke to some next week to discuss certain aspects of this country. We will debate that and company owners who own small ma- this, to be sure that as we repeal the the majority will prevail. chine shops with 50 employees, 30 em- FSC/ETI provisions, we are also pro- Mr. Speaker, I thank the gentleman ployees, or 100 employees, but all small viding adequate benefits for U.S. com- for his comments and thank him for manufacturing businesses. One owner panies who are involved in global com- the information. of a machine shop came up to me be- petition. f fore I spoke. He gave me a stack of So this is a very high priority on our these fliers. He actually gave me about MESSAGE FROM THE PRESIDENT side of the aisle and we continue to four times this many, about six or work toward that goal. A message in writing from the Presi- seven inches of fliers. He told me that Mr. HOYER. Mr. Speaker, I thank dent of the United States was commu- he gets about this many fliers every the gentleman for his comments, and nicated to the House by Ms. Wanda month, and he says these fliers are auc- while I accept his premise that it is a Evans, one of his secretaries. tion fliers. They basically are notifica- high priority, very frankly, I will tell f tions from companies all over the my friend from Ohio, there is no doubt United States that are having fire we could have passed a bipartisan sup- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sales; that are having going-out-of- ported bill here with a very substantial business sales. number of votes many, many months The SPEAKER pro tempore (Mr. ago. That was not the determination, LAHOOD). The Chair will recognize b 1345 apparently, of the committee to report Members for special order speeches Mr. Speaker, here is an auction flyer out such a bill. We think that is unfor- without prejudice to the possible re- that says high-tech manufacturing tunate. sumption of legislative business. plant closing in Elk Grove, Indiana.

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.054 H11PT1 H1040 CONGRESSIONAL RECORD — HOUSE March 11, 2004 Another one is a plant closed, every- domestic manufacturers and small proclaimed: ‘‘Candidates Not Shying thing sells, from Verona, Pennsylvania. businesses. We need to extend unem- Away From Tax Talk: Candidates Dis- Here are two complete stamping and ployment compensation to those 800,000 cuss Raises, Not Cuts.’’ machine tool shops closing. They are families. It is important to note they may selling all their equipment. They are think you can tax your way to pros- f looking for buyers. This is from Oak perity, but you cannot. You cannot. We The SPEAKER pro tempore (Mr. Brook, Illinois. know that it is important to leave that ISSA). Under a previous order of the Here is a plant closing, everything money with the taxpayer. Well, today House, the gentleman from California must sell, from North Carolina. we have a single Democratic candidate, (Mr. DREIER) is recognized for 5 min- Another one here from Marion, Ohio, and he is on record for raising some in- utes. complete shop close-out auction. The come tax brackets to pre-Bush levels. (Mr. DREIER addressed the House. absolute auction, Cuyahoga Falls, The question every American needs to His remarks will appear hereafter in Ohio, in my district, complete liquida- consider is this: Why should we raise the Extensions of Remarks.) tion of the Cuyahoga Falls plant. taxes? What do higher taxes do to the Precision C&C job shop downsizing f economy? It is a simple answer: higher because of outsourcing, from The SPEAKER pro tempore. Under a taxes take capital out of the private Scottsboro, Alabama. previous order of the House, the gen- sector and give government more Another one from Massachusetts, tleman from California (Mr. FILNER) is money to spend. large-capacity fabricating and machine recognized for 5 minutes. I think a vast majority of Americans, shop closing. Another one, 3 days, two tremendous (Mr. FILNER addressed the House. and I know the folks in my district, public auctions, two companies, ma- His remarks will appear hereafter in know that higher taxes do not grow our chinery and equipment and real estate. the Extensions of Remarks.) economy; they grow the government. Something else I think the American Plant closed, everything must go, real f people should know is that the tax re- estate for sale. The SPEAKER pro tempore. Under a lief that we have passed, the tax relief Another company, plant closed, ev- previous order of the House, the gen- responsible for giving 91 million Ameri- erything sells. tleman from Georgia (Mr. GINGREY) is cans an average of $1,126 in relief last Another one from Ross, Ohio, plant recognized for 5 minutes. year is not permanent. In short, this closing due to relocation overseas. (Mr. GINGREY addressed the House. tax relief will end in 2011; and at that Another one from Medina, Ohio, fa- His remarks will appear hereafter in point, virtually all taxpayers will start cility closed, all must go. the Extensions of Remarks.) Mr. Speaker, I do not think the facing higher tax bills. Democrats President understands the depths of f largely do not support making this re- this problem in this country. These are ECONOMIC GROWTH lief permanent. Americans will again companies, hundreds and hundreds and be subject to the marriage tax, the hundreds of companies representing The SPEAKER pro tempore. Under a death tax. A family of four making hundreds of thousands of workers who previous order of the House, the gentle- $36,268 will see a tax hike of over $2,000; are going out of business, who are woman from Tennessee (Mrs. that is if we do not make permanent downsizing, who are shipping their jobs BLACKBURN) is recognized for 5 min- our tax relief legislation, and that is overseas; yet the President says that utes. something that we are working to do. he supports outsourcing, that Mrs. BLACKBURN. Mr. Speaker, a The President and this Congress are outsourcing is a good thing. few months ago I came down to the working to ensure that this relief is The President needs to look in the floor to talk about our economy and permanent, and I look forward to the eye of some of those 800,000 workers in the steps that President Bush and Con- debate because we are on the side of this country who have seen their un- gress have taken to offset the recession lower taxes, economic growth, not tax employment compensation expire in and the trillion-dollar impact of Sep- hikes and big government. We are for the last 3 months, and this Republican tember 11 on our economy. leaving the money with those who earn Congress refuses to extend those bene- Part of my remarks that day focused it. on tax relief and the effect it has had fits. It is not just 800,000 workers. It is f 800,000 families; it is millions of chil- in helping our families, working fami- MCGOVERN-DOLE FOOD FOR dren; it is communities; it is our lies, and small businesses weather what EDUCATION schools. Everyone is affected by the has been some tough economic times; plant closings. and I think it is important that we re- The SPEAKER pro tempore. Under a The President’s answer, if there is iterate our support for tax relief be- previous order of the House, the gen- bad economic news, and if he looked at cause there are those across the aisle tleman from Massachusetts (Mr. some of these plant closings, fire sales, who are increasingly supportive of rais- MCGOVERN) is recognized for 5 minutes. going out of business auction bro- ing your tax bill. I want to let my con- Mr. MCGOVERN. Mr. Speaker, cur- chures, he would say we need to do stituents in the Seventh Congressional rently there are more than 300 million more tax cuts for the wealthy, maybe District of Tennessee know that I am chronically hungry children in the some of it will trickle down and create standing beside tax relief legislation. I world. Around 130 million of these chil- jobs; we need to do more trade agree- stand with cutting their tax bills. dren, mainly girls, do not attend ments like NAFTA. That is the Presi- In 2003 under Republican leadership school. The rest go to school hungry, dent’s answer to every bad piece of eco- and under Republican tax legislation, severely limiting their ability to learn. nomic news. When the President sees 91 million taxpayers received on aver- The U.S. Department of Agriculture’s unemployment goes up, he says more age a tax cut in the amount of $1,126. McGovern-Dole International Food for tax cuts for the most privileged and This is real relief for 91 million Ameri- Education Program is helping to more trade agreements that hemor- cans. So when the rhetoric from the change this grim reality. One exciting rhage jobs overseas. other side of the aisle starts flying that example of this program is taking When the President sees bad eco- tax relief is only for the rich, you can place in Afghanistan where World Vi- nomic numbers, terrible trade deficits, judge for yourself whether you think 91 sion is making a difference in the lives the highest in history, our trade deficit million Americans would consider of 37,000 children. with China alone is now $124 billion, themselves rich. In Afghanistan, 52 percent of children and that is where a lot of these compa- A few months ago, candidates for the under 5 are malnourished. Access to nies are going, the President’s answer Democratic nomination were all call- education is extremely limited, and the is we need more trade agreements like ing for tax increases. Virtually all of quality of education, when available, is NAFTA and tax cuts for the wealthiest them opposed the tax relief which has poor. The Taliban largely excluded people in the country. allowed 91 million Americans to keep girls from formal education, and Mr. Speaker, we need to pass Crane- more of their hard-earned paychecks. women were prohibited from teaching. Rangel, which will give incentives for On July 28, a Washington Post column The World Bank estimates the primary

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.060 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1041 school enrollment rate at 39 percent for and they help the schools establish a training, financing and sanctuary. In boys and 3 percent for girls. In the cur- microenterprise, selling the excess pro- fact, the Iraqi foreign minister admit- rent environment, the demand for edu- duction and using the funds to defray ted in March 2003 that Iraqi funds were cation opportunities far outstrip sup- the schools’ cost. sent to families of Palestinian suicide ply. Schools run multiple shifts, and World Vision is training 675 teachers bombers who attacked and killed inno- many classes meet outside with the in the new ministry of education cur- cent Israeli citizens, and also 12 Ameri- barest minimum of basic material, riculum, designed by UNICEF to re- cans in Israel in 2003. Even the Clinton teachers, and facilities. place the Taliban’s restrictive system. Administration agreed and repeatedly This particular McGovern-Dole Inter- It is also complementing teachers’ asserted connections between al Qaeda national Food Program is being imple- meager salaries with food baskets so and Iraq, and explicitly said that Hus- mented in 115 schools in the remote they can dedicate their full time to sein posed a threat to the United provinces of Badghis and Ghore in the teaching instead of taking on jobs out- States itself. western region of Afghanistan. In this side the schools. By ending the Hussein regime, the area, out of a school-aged population of This support comes at a critical time United States has taken away yet an- 60,000, only 23,000 students were en- in Afghanistan’s transition as the new other incubator of terrorism. Terrorist rolled in schools last year; and just government struggles to reestablish in- groups benefited for years from support some 3,400 were girls. frastructure in these remote areas. of Saddam Hussein and his regime. World Vision is providing 37,000 stu- Originally, World Vision’s Afghani- Further, by acting decisively in Iraq, dents with a monthly ration of wheat, stan program was designed as a 2-year the United States has sent very strong rice, lentils and vegetable oil for at- program; and in the second year it signals to other nations that have been tending school, which also serves as an would have greatly expanded benefits or could be terrorist sympathizers. Had incentive for poor Afghan families to to additional communities, students, the United States not acted in Iraq, send both their sons and their daugh- and teachers. Unfortunately, President Libyan leader Muammar Qadhafi would ters to class. These commodity are pro- Bush severely cut funding for the likely not have declared his weapons vided by hard-working farmers in McGovern-Dole International Food for programs, submitted to international Washington State, California, Ten- Education Program, and this Congress inspections and voluntarily dismantled nessee, Wisconsin, and Minnesota. In failed to protect the program in the ap- its programs. In addition, it is very the most remote areas, World Vision is propriations process. Sadly, many likely that United States action in Iraq using donkey trains to transport the projects have been cut back to 1 year. caused Iran to open its nuclear facili- food to the schools. Mr. Speaker, I call on the leadership ties for international inspection and In each of the 115 schools, World Vi- of this House to significantly increase suspend its uranium enrichment activi- sion trains community volunteers to funding for the McGovern-Dole Inter- ties. The list goes on and on, from Syria help identify pressing needs and will national Food for Education Program to North Korea. We are seeing changes provide all 37,000 students with a stu- so its many worthy projects like the dent kit including notebooks, pens, in the way these nations deal with ter- World Vision program in Afghanistan rorism because of our actions in Iraq. pencils, erasers, sharpeners, shoes, a can reach even more needy children book bag, and a cloth wrap for girls so Those who like to spread misconcep- and communities. tions and myths often point to the fact they are not excluded from education f that no weapons of mass destruction in conservative areas due to cultural have yet been found in post-war Iraq. taboos. IRAQ AND THE WAR ON TERROR World Vision also works with com- They say the President and his admin- The SPEAKER pro tempore. Under a istration deceived the American people munity volunteers to make sure that previous order of the House, the gen- the school is a proper learning environ- and the international community. tleman from Pennsylvania (Mr. GER- However, David Kay, our chief weap- ment for the children and will be sup- LACH) is recognized for 5 minutes. ons inspector, has stated repeatedly plying each school with chalkboards Mr. GERLACH. Mr. Speaker, I rise that it was prudent to attack Iraq, and and chalk, desks, tables, cabinets, today in an effort to dispel continuing that as the inspection process con- maps, books, water systems, and la- myths which have been propagated tinues, as it does, we will find that Iraq trines. with regard to the role of Iraq in the was more dangerous than we actually World Vision is building nine schools larger war on terrorism. While many understood at the time because the re- over the course of the next year in the Democrat Members have worked hard gime was collapsing and Iraq was a Jarwand district, where there are only to promote these myths, it is time that country that had capabilities to de- six schools covering just 4 percent of we who know and understand the truth velop weapons of mass destruction that the total school population. While nine come forward to fully explain it. terrorist groups have sought repeat- schools cannot address all of this need, Let me be perfectly clear. The war edly. it will allow another 3,600 students to against Iraq is a central component in Had the Hussein regime lost control attend classes. These schools will re- the global fight against terrorism. The completely, Iraq would have become a place and greatly expand four tem- Hussein regime’s support for terrorism, breeding ground for international ter- porary schools set up last year under within and outside of its borders, its rorism, much like Afghanistan was UNICEF plastic tents. Five of these appetite for the world’s most dan- under the Taliban, the only difference schools are being constructed with gerous weapons, and its openly de- being that Iraq had the wealth and the McGovern-Dole funding, and the other clared hostility to the United States resources necessary to build weapons four are being built with private re- were a combination that was a gath- that could have been directly threat- sources raised by World Vision. ering and growing danger to our coun- ening to the United States and our al- World Vision is working with local try. lies. councils so some of these schools will In light of the September 11 terrorist Further, not only the United States, be set up exclusively for girls. World attacks, ending this regime was central but the French, British, Germans and Vision’s agronomists are also helping to the war on terrorism and central to the United Nations all thought Hussein each school set up its own garden to ensuring that more attacks on Amer- possessed weapons of mass destruction raise cucumbers, tomatoes, eggplants, ican soil, like the September 11 attacks before the United States intervened. okra, onions, carrots, spinach, hot pep- and the 1993 World Trade Center bomb- There is also the myth that the pers, turnips and watermelon, which ing, never occur again. United States and our allies intervened will complement the U.S.-grown com- in Iraq solely based only evidence of modities with the micronutrients that b 1400 weapons of mass destruction. This is vegetables can supply. These garden The Hussein regime established sig- not true. Again, according to David projects also teach improved agricul- nificant and numerous ties with ter- Kay, Iraq clearly was in violation of tural techniques to students and inter- rorist organizations like al Qaeda for United Nations Resolution 1441. This ested community members which they over a decade prior to September 11, resolution required Iraq to come clean can use in their own family farming; 2001. This included the provision of and report on all of its activities.

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.065 H11PT1 H1042 CONGRESSIONAL RECORD — HOUSE March 11, 2004 To date, hundreds of cases have been district, from Jefferson County, were ANNOUNCEMENT BY THE SPEAKER found that show Iraq was engaged in visiting here in the Nation’s Capital, PRO TEMPORE activities that were prohibited under and during the question and answer The SPEAKER pro tempore. The that resolution and under the initial session that I had with them in this Chair would remind all Members to ad- resolution, 687. Chamber, a high school student asked dress their remarks to the Chair and Our case for war was and remains me what I could say to those who had not to the Executive Branch. clear. The majority of the American worked at Weirton Steel, those who f people understand that, the House of had retired, had been a part of this Representatives understood that when community and of this company, and PRESIDENT’S GRAND STRATEGY this body agreed in the 107th Congress are now being told that their health The SPEAKER pro tempore. Under a by passing H.J. Res. 114 by a vote of 296 benefits are no longer there for them, previous order of the House, the gen- to 133, and our allies around the world that their pensions are being reduced. tleman from Florida (Mr. FOLEY) is understood that and continue to share Quite frankly, it is difficult to an- recognized for 5 minutes. our resolve. swer a question like that coming from Mr. FOLEY. Mr. Speaker, as Paul Clearly, there are those Democrat one of my constituents, because the Harvey says on his radio show, now for candidates who are using this election sad, sad fact is, there are good citizens, the rest of the story. year for partisan politics to cloud the law-abiding, patriotic Americans, who It is interesting, many of the Demo- truth. These tactics will ultimately have worked all their lives and are now crats have talked about job loss in fail because we all understand that the finding themselves in the most dif- America, but they do not mention the United States is safer today and our ficult circumstances. They may be in fact that trade has actually brought citizens are far less likely to be victims their mid-fifties, with major health jobs into America. In Ohio, the Honda of domestic terrorist attack because we problems, only to find that they are no plant now paying high wages for its have removed the Hussein regime and longer covered with health insurance. employees assembling Honda auto- are on the way to helping establish and So we need to focus on Ohio, and the mobiles. In South Carolina, I know the ally in the Middle East. Democratic governor was very instru- Mr. Speaker, it is also important to President needs to be thinking about mental in getting BMW and other com- remember that who made this security job creation. But that is why I am so panies to come to their State to create possible. The thousands of American disappointed in the President’s re- jobs for their citizens, high-wage, high- sailors, soldiers and airmen who drove cently published economic report to paying jobs. the once powerful dictator to cower in the Nation. In that report there is this You can look at one-half of the spec- a hole are owed the praise of the entire sentence: ‘‘If a good or a service can be trum and say we have real problems. Nation. produced at lower cost in another I would ask that all Americans take country, it makes sense to import that We are trying to find employment for a moment to think about our friends, product rather than to produce it do- every American. But they seem to ig- sons, daughters, mothers and fathers mestically.’’ nore, they seem to ignore the fact that who are serving proudly in Iraq and Now, the fact is that nearly every job trade has brought jobs to this country, around the world as part of the global in this country can probably be per- good jobs to communities that were war on terrorism. They are ensuring formed at lower cost in another coun- desperately in need of those jobs. This morning in a 1-minute, I was ex- our safety and working hard to make try. The fact is that the Chinese and traordinarily critical, rightfully so, of sure that another day like September the Indians, the Vietnamese, those the Democratic candidate for the presi- 11 never happens again. To Members of from Australia, they are doing the pro- dency. I am not allowed under House our armed services, I say thank you. I ducing and they are taking jobs from rules, I was admonished today, for would also remind them that no matter this country. As is the case in Mexico using the name of a Senator, so most of what they hear to the contrary from that I visited a couple months ago, us know who I am talking about. Democrat politicos, their actions in paying $38 a week, an American com- But the word and phrase used yester- Iraq are justified and necessary. pany paying $38 a week for 91⁄2 hour day on an open mike was that this ad- days, well, of course they can produce f ministration is corrupt and is lying. it at lower cost there. But the last NEED FOR CONCERN OVER JOB That is the charge by the Democratic thing we need is for the President to LOSS nominee for President about the sit- indicate that this is a good thing. ting President of the United States of The SPEAKER pro tempore (Mr. That economic report was issued ISSA). Under a previous order of the America. I called it this morning des- under President Bush’s signature, so he picable and disgraceful, and I stick by House, the gentleman from Ohio (Mr. is responsible for that conclusion, that STRICKLAND) is recognized for 5 min- that terminology, because that is the statement, ‘‘if a good or a service can utes. truth. be produced at a lower cost in another Mr. STRICKLAND. Mr. Speaker, as Now, look at who they are talking has been noted here on the floor earlier country, it makes sense to produce it about. We are talking really about by my colleague the gentleman from there, rather than to produce it domes- Iraq, because they keep using that as tically.’’ Ohio (Mr. BROWN), the President came the reason they are calling this Presi- to Ohio yesterday. It was his 15th visit But what do you say, what do you dent a liar. They are saying Iraq is the since being elected, or since ascending say, Mr. President, to the unemployed reason he should be called these deri- to the presidency. steelworkers, to those along the Ohio sive terms, which I believe are dis- The fact is that he should come to River, on both the West Virginia, respectful for any sitting chief execu- Ohio, because Ohio is a suffering State. Pennsylvania and Ohio portions of that tive President of the United States. Ohio has lost approximately 300,000 river, whose jobs depend on producing So what does that say ultimately, jobs since the President has been in of- china and pottery, these jobs that are that we should not have done anything fice. About 160,000 of those jobs have being threatened by imports from in Iraq, we should not have gone to been good paying manufacturing jobs, China, when your administration is Iraq, we should not have dealt with living wage jobs, jobs with good bene- wanting to reduce or eliminate the cur- Iraq? That is their conclusion. fits. And, quite frankly, there is no re- rent tariffs of 28 percent? What do you Well, today in the New York Times, covery in Ohio as I stand here in this say to them? ‘‘Saddam team skimmed billions in aid Chamber today. The recovery may be Of course you can make a plate projects. Cash in suitcase.’’ happening on Wall Street, it may be cheaper in China, if you are going to In its final years in power, Saddam happening in other States, but the re- pay pennies an hour or dollars a week, Hussein’s government systemically ex- covery has not yet come to Ohio. So I but that does not make it right. We tracted billions of dollars in kickbacks think the President should be con- need a President who is willing to from companies doing business with cerned. stand up for American jobs, American Iraq, funneling most of the illicit funds Just yesterday in this Chamber, a workers, American communities and through a network of foreign bank ac- group of high school students from my American industries. counts in violation of the UN treaties.

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.067 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1043 Millions of Iraqis were struggling to a result of our not being willing to Accounting Office estimated that oil smug- survive on rations of food and medi- take on any enemy. gling had generated nearly $900 million a cine, yet the government’s hidden year for Iraq. Oil companies had complained b 1415 that Iraq was squeezing them for illegal sur- slush funds were being fed by suppliers charges, and Saddam’s lavish spending on and oil traders from around the world, Look at what has happened because of his leadership: Iraq. Look at North palaces and monuments provided more evi- who sometimes lugged suitcases full of dence of his access to unrestricted cash. cash to ministry offices.’’ Korea turning over nuclear documents. But the dimensions of the corruption have That is who they are defending. Sad- Look at Libya surrendering nuclear only lately become clear, from the newly dam Hussein, who killed hundreds of hardware. Look at Pakistan and India, available documents and from revelations by thousands of his own citizens, we finally talking over Kashmir. These are government officials who say they were too should not have gone there and inter- the results of a determination by this fearful to speak out before. They show the magnitude and organization of the payoff rupted his killing spree. We should not President to root out terrorism. I conclude by saying this, and this is system, the complicity of the companies in- have done anything to stop the de- volved and the way Saddam bestowed con- monic leadership of Saddam Hussein. important in context to this article. tracts and gifts on those who praised him. I reject the comments, and I am en- Mr. Gaddis, who describes himself as a Perhaps the best measure of the corruption tering the entirety in the RECORD, be- very long-term disillusioned Democrat comes from a review of the $8.7 billion in cause I want people to be able to read who still has hopes for the Democratic outstanding oil for food contracts by the pro- visional Iraqi government with UN help. It in the RECORD what the New York Party, disputed the liberal stereotype found that 70 percent of the suppliers had in- Times discovered about the cash-skim- of the President as a lightweight. There certainly have been tendencies flated their prices and agreed to pay a 10 per- ming operations of this ugly regime. cent kickback, in cash or by transfer to ac- Now, another article that I will enter to underestimate President Bush him- counts in Jordanian, Lebanese and Syrian in its entirety in the RECORD, because self and to view him in the way that banks. it talks again about an outside observ- Reagan was viewed when he first came At that rate, Iraq would have collected as er’s view of this President, an outside in, as being a cipher, manipulated by much as $2.3 billion out of the $32.6 billion observer. It happens to be Bill Sammon his own advisers. That turned out not worth of contracts it signed since mid-2000, to be true of Reagan, and it is turning when the kickback system began. And some of the Washington Times. The head- companies were willing to pay even more line, ‘‘Bush’s Grand Strategy Over- out not to be true of George Bush. than the standard 10 percent, according to looked by Liberal Historians.’’ Mr. Speaker, I will at this time enter Trade and Oil Ministry employees. ‘‘An influential Democratic historian the entirety of this article into the Iraq’s suppliers included Russian factories, has credited President Bush with insti- RECORD, along with other documenta- Arab trade brokers, European manufacturers tuting one of only three grand strate- tion referred to earlier. I salute our and state-owned companies from China and gies in the history of the U.S. foreign President. I am proud of our President the Middle East. Iraq generally refused to buy directly from U.S. companies, which in policy, by trading in the doctrine of and proud to stand with him in Florida in the coming months. any case needed special licenses to trade le- containment for preemption. John gally with Iraq. Lewis Gaddis of Yale said his fellow [From the New York Times, Mar. 1, 2004] Iraq also created a variety of other, less lu- historians have not paid sufficient at- SADDAM TEAM SKIMMED BILLIONS IN AID crative, methods of extorting money from its tention to the importance of Mr. PROJECT CASH IN SUITCASES/UN SANCTIONS oil customers. It raised more than $228 mil- Bush’s sweeping overhaul of U.S. for- VIOLATED lion from illegal surcharges it imposed on eign policy because they are blinded by (By Susan Sachs) companies that shipped Iraqi crude oil by sea BAGHDAD.—In its final years in power, Sad- after September 2000, according to an ac- their liberal bias. He also accused counting prepared by the Iraqi Oil Ministry former President Bill Clinton of failing dam Hussein’s government systematically extracted billions of dollars in kickbacks late last year. An additional $540 million was to adequately address global threats from companies doing business with Iraq, collected in under-the-table surcharges on that gathered on his watch,’’ the World funneling most of the illicit funds through a oil shipped across Iraq’s land borders, the Trade Center first bombing, Khobar network of foreign bank accounts in viola- documents show. A lot of it came in cash, recalled Shamkhi Towers, the two embassies, all during tion of United Nations sanctions. Faraj, who managed the Oil Ministry’s fi- the watch of Clinton. Millions of Iraqis were struggling to sur- vive on rations of food and medicine. Yet the nance department under the old government ‘‘The Bush team really did, in a mo- and is now general manager of the ministry’s government’s hidden slush funds were being ment of crisis, come up with a very im- oil-marketing arm. I used to see people car- fed by suppliers and oil traders from around portant statement on grand strategy, rying it in briefcases and bringing it to the the world who sometimes lugged suitcases ministry. which has not been taken as seriously full of cash to ministry offices, said Iraqi of- as it should have been taken, particu- UN overseers say they were unaware of the ficials who supervised the skimming oper- systematic skimming of oil-for-food reve- larly within the academic community. ation. ‘‘Mr. Gaddis writes that America’s nues. In any case, they add, they were fo- The officials’ accounts were enhanced by a cused on running aid programs. three grand strategies were instituted trove of internal Iraqi government docu- The director of the Office of Iraq Pro- by Mr. Bush,’’ this President Bush, ments and financial records provided to The grams, Benon Sevan, declined to be inter- ‘‘John Quincy Adams and Franklin New York Times by members of the Iraqi viewed about the oil-for-food program. In Delano Roosevelt. All three strategies Governing Council. Among the papers was written responses to questions sent by e- were prompted by rare, catastrophic secret correspondence from Saddam’s top mail, his office said he learned of the 10 per- lieutenants setting up a formal mechanism cent kickback scheme from the occupation attacks on America by foreign en- to siphon cash from Iraq’s business deals, an emies.’’ authority only after the end of major combat arrangement that went unnoticed by UN operations. He goes on to quote, ‘‘The Clinton ad- monitors. As the details of the corruption have re- ministration was somewhat like the Under a UN program begun in 1997, Iraq cently emerged, law enforcement authorities Harding and Coolidge administrations was permitted to sell its oil only to buy food in several countries said they had opened after World War I, Mr. Gaddis said. and other humanitarian goods. The kickback criminal and civil investigations into wheth- There was the sense that the war had order went out from Saddam’s inner circle er companies violated laws against transfer- been won, the fundamental processes in three years later, when limits on the amount ring money to Iraq. Treasury Department In- world politics were favorable to us, and of oil sales were lifted and Iraq’s oil revenues vestigators have also been helping the Iraqi reached $10 billion a year. authorities recover an estimated $2 billion therefore we could sit back and let In an Aug. 3, 2000, letter marked urgent believed to be left in foreign accounts. So them run. But these processes of and confidential, the Iraqi vice president, far, more than $750 million has been found in globalization and self-determination Taha Yassin Ramadan, informed government foreign accounts and transferred back to during the Clinton administration did ministers that a high-command committee Iraq, said Juan Zarate, a deputy assistant nothing to stop terrorists from using wanted extra revenues from the oil-for-food Treasury secretary. minimal resources to inflict massive program. To that end, he wrote, all suppliers To some officials of Iraq’s provisional gov- death and destruction against the must be told to inflate their contracts by the ernment, what is perhaps most insulting is United States and its interests. The biggest percentage possible and secretly how little their country got for its oil transfer those amounts to Iraq’s bank ac- money. Taking stock of what was bought be- former President did not act decisively counts in Jordan and the United Arab Emir- fore the U.S.-led invasion toppled Saddam to head off a gathering threat.’’ ates. last spring, they have found piles of non- I bring you to September 11. I bring Iraq’s sanctions-busting has long been an essential drugs, mismatched equipment and you to the carnage of September 11 as open secret. Two years ago, the U.S. General defective hospital machines.

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.069 H11PT1 H1044 CONGRESSIONAL RECORD — HOUSE March 11, 2004 You had cartels that were willing to pay [From the Washington Times, Mar. 11 2004] tial to use weapons of mass destruction, an kickbacks but would also bid up the price of BUSH’S ‘‘GRAND STRATEGY’’—OVERLOOKED BY aggressive push to democratize the Middle goods, said Ali Allawai, a former World Bank LIBERAL HISTORIANS East and an unwillingness to be constrained official who is now interim Iraqi trade min- (By Bill Sammon) by international organizations such as the ister. You had rings involved in supplying United Nations. shoddy goods. You had a system of payoffs to An influential Democratic historian has Although Mr. Gaddis faults the president the bourgeoisie and royalty of nearby coun- credited President Bush with instituting one for not gathering sufficient international tries. of only three ‘‘grand strategies’’ in the his- support before the invasion of Iraq and un- Everybody was feeding off the carcass of tory of U.S. foreign policy by trading in the derestimating the challenges of postwar what was Iraq. doctrine of containment for pre-emption. Iraq, the professor supported Operation Iraqi The UN Security Council first imposed a John Lewis Gaddis of Yale said his fellow Freedom. trade embargo on Iraq on Aug. 9, 1990, one historians have not paid sufficient attention Many other academics opposed the war, week after Saddam’s invasion of Kuwait. It to the importance of Mr. Bush’s sweeping making them reluctant to credit the presi- has kept in place after the Gulf war in 1991, overhaul of U.S. foreign policy because they dent for a change in U.S. foreign policy that with the provision that sanctions would be are blinded by their liberal bias. could very well endure for the next half-cen- lifted after Iraq destroyed its unconventional He also accused former President Bill Clin- tury, Mr. Gaddis said. weapons and ended its weapons program. ton of failing to adequately address global ‘‘The academic world is of course predomi- But as living conditions deteriorated, the threats that gathered on his watch. nantly liberal, predominately Democratic, so ‘‘The Bush team really did, in a moment of council made several offers to let Iraq export there is a predisposition to be less critical of crisis, come up with a very important state- limited quantities of oil to buy food and a Democratic administration than there is a ment on grand strategy, which has not been medicine. The two sides agreed on a mecha- Republican administration,’’ he said. taken as seriously as it should have been nism only in 1966. Mr. Gaddis, who described himself as a taken, particularly within the academic In 1999, Iraq was permitted to sell as much ‘‘very long-term, disillusioned Democrat who community,’’ Mr. Gaddis said in an inter- oil as it wanted, with the proceeds going into still has hope for the Democratic Party,’’ view. an escrow account at Banque Nationale de disputed the liberal stereotype of the presi- The eminent Cold War historian makes his Paris, supervised by the United Nations. The dent as a lightweight. argument in the new book called ‘‘Surprise, new rules also allowed Iraq to sign its own ‘‘There certainly has been a tendency to Security and the American Experience,’’ contracts for billions of dollars in imported underestimate Bush himself and to view him published by Harvard University Press, goods. in the way that Reagan was viewed when he which has caught the attention of National As ministry officials and government docu- first came in—as being a cipher, manipulated Security Adviser Condoleezza Rice and other ments portrayed it, the oil-for-food program by his own advisers,’’ he added. ‘‘That turned White House advisers. quickly evolved into an open bazaar of pay- out not to be true of Reagan, and it’s turning It also has earned the derision of Sen. John offs, favoritism and kickbacks. out not to be true of Bush as well.’’ The kickback scheme worked, they said, Kerry’s presidential campaign. because the payoffs could be included in oth- ‘‘There’s nothing visionary about a reck- f less, arrogant and rigidly ideological foreign erwise legitimate supply contracts nego- ANNOUNCEMENT BY THE SPEAKER tiated directly by the former government policy that’s lost America influence and co- and then transferred to Iraq once the United operation in the world to win the war on ter- PRO TEMPORE Nations released funds to pay the suppliers. ror,’’ said David Wade, a spokesman for the The SPEAKER pro tempore (Mr. We’d accept the low bid and say to the sup- Massachusetts Democrat. ISSA). The Chair would remind all plier, ‘‘Give us another 10 percent’’ said Mr. Gaddis writes that America’s three grand strategies were instituted by Mr. Members not to make personally offen- Faleh Khawaji, an Oil Ministry official who sive references to Members of the Sen- used to supervise the contracting for spare Bush, John Quincy Adams and Franklin parts and maintenance equipment. ‘‘So that Delano Roosevelt. All three strategies were ate, even if not by name but by infer- was added to the contract. If the bid was for prompted by rare, catastrophic attacks on ence, including candidates for Presi- $1 million, for example, we would tell the America by foreign enemies. dent. In 1814, after the British burned the White supplier to make it $1.1 million.’’ f The contract would then be sent to the House, Adams, then secretary of state, re- U.N. sanctions committee, which was sup- solved to secure America through pre- WESTERN UNITED STATES STU- posed to review contracts with an eye only emptive continental expansion, a grand DENTS ARE TREATED UNFAIRLY to preventing Iraq from acquiring items that strategy that endured for a century. BECAUSE OF LARGE PORTIONS After the Japanese attack on Pearl Harbor might have military uses. The kickbacks OF LAND OWNED BY FEDERAL were paid into Iraq’s accounts, and des- prompted the United States to lead the Al- ignated ministry employees withdrew the lies to victory in World War II, Roosevelt GOVERNMENT cash and brought it to Baghdad on a regular and his successors as president went about The SPEAKER pro tempore. Under a basis, according to Khawaji and Iraqi finan- securing America through a grand strategy previous order of the House, the gen- that came to be known as containment of cial records. tleman from Utah (Mr. BISHOP) is rec- communism. But that strategy became obso- U.S. and European investigators said they ognized for 5 minutes. were trying to determine whether the banks lete when the Cold War ended shortly before knew they were being used for illegal finan- Mr. Clinton took office. Mr. BISHOP of Utah. Mr. Speaker, I cial dealings with Iraq. ‘‘The Clinton administration was some- wish to present a situation to the body Under the oil-for-food program rules, the what like the Harding and Coolidge adminis- that is somewhat unique which we in United Nations’ oil overseers had to certify tration after World War I,’’ Mr. Gaddis said. the West will be talking about in great- that Iraq was selling its crude oil at fair ‘‘There was the sense that the war had been er detail and more frequently as time value. Until the overseers changed the pric- won, the fundamental processes in world pol- goes on. I feel competent in being able ing formula in late 2001, Iraq’s oil sold at a itics were favorable to us, and therefore you to address this issue, because before I discount compared with similar oil from could just kind of sit back and let them other producers. run.’’ joined this august body I spent 16 years At the same time, Oil Ministry officials But these processes of globalization and in the Utah legislature as Speaker at said, purchasers of Iraqi oil were required to self-determination during the Clinton ad- the end; but all 16 years I was a mem- pay a surcharge, either in cash or by trans- ministration did nothing to stop terrorists ber of the Public Education Finance ferring money into Iraqi accounts in foreign from using minimal resources to inflict mas- Committee, or Appropriations Com- banks. sive death and destruction against the mittee. I also, as I have frequently When oil companies complained to the United States and its interests. mentioned on this floor, served for 28 The former president did not act decisively United Nations about the per- barrel sur- years as a high school teacher before I charges, Iraq levied higher charges on ships to head off this gathering threat, Mr. Gaddis loading at its port. said. joined this group. Even though I recog- When Dr. Khidr Abbas became Iraq’s In- ‘‘It just seems to me that any good strate- nize that money does not equal edu- terim minister of health 6 months ago, he gist would be unwise to sit back and assume cation excellence and we can do many discovered some of the effects of Saddam’s that things are going our way,’’ he said. things to improve our education sys- political manipulation of the oil-for-food ‘‘You ought to be thinking through how tem without money, at some time, we program. what appear to be favorable trends can still have to build schools, and teachers After a review of the ministry’s spending, produce backlashes.’’ at some time still have to eat. he said, he canceled $250 million worth of Such a backlash occurred on September 11, contracts with companies he believed were 2001, necessitating a new grand strategy, So I wish to present before the body fronts for the former government or got con- which was implemented by Mr. Bush. three factual phenomena of which my tracts only because they were from countries The strategy included pre-emptive attacks colleagues may not be aware. First of friendly to Saddam. on enemies such as Iraq that had the poten- all, the fastest growth in the student

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A11MR7.035 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1045 population happens to be in the States and we are falling behind other States, The SPEAKER pro tempore. Under a of the Mountain and Pacific time and it is an unfortunate concept. There previous order of the House, the gen- zones. Twelve of the 15 fastest growing are several different ways in which tleman from Michigan (Mr. SMITH) is States are in the West. In the West we that happens. recognized for 5 minutes. have an average growth in our student When these States were entered into (Mr. SMITH of Michigan addressed population of 7 percent, where in the the Union, there was an enabling act the House. His remarks will appear East, the average growth is a negative which provided for this unfairness to be hereafter in the Extensions of Re- 2.6 percent. Ten of the 13 States with rectified. That has yet to take place, as marks.) the highest teacher-student ratio are the Federal Government has changed f also in the West. And as the map that its policies towards land, and we are CONTINUATION OF THE NATIONAL I am looking at right now shows, as far now talking about an amount of land EMERGENCY WITH RESPECT TO as growth in expenditures per pupil, 12 that has a value of close to $14 trillion. IRAN—MESSAGE FROM THE of the 15 slowest-growth States also Secondly, no property tax can be gen- PRESIDENT OF THE UNITED happen to be in the West. The amount erated from those lands. If we average STATES (H. DOC. NO. 108–173) of money increased to public education the acreage at merely $500 per acre and for funding of students in the East was compare that with the tax rate that The SPEAKER pro tempore laid be- 57 percent. In the States of the West, it this land could have generated, these fore the House the following message was half of that, at only a 27 percent Western States should have been gener- from the President of the United rate. ating $4 billion, which could be used to States; which was read and, together Now, the question we should ask is, fund education in the West. with the accompanying papers, without Why are these red States in here that Now, the Federal Government recog- objection, referred to the Committee on International Relations and ordered are all encompassed in the West, why nizes that because we have a program to be printed: are they growing so slowly? It is not called PILT, Payment in Lieu of Taxes, To the Congress of the United States: because we are not taxing our people. in which the Federal Government will Indeed, the tax rate for both local and Section 202(d) of the National Emer- compensate Western States. The prob- gencies Act (50 U.S.C. 1622(d)) provides State governments in the West is actu- lem is, what happened in the year 2001, ally higher than what it is in the East. for the automatic termination of a na- this land should have generated $4.2 tional emergency unless, prior to the It is not because we are not trying to billion. The Federal Government com- present our portion of the budget for anniversary date of its declaration, the pensated these States to the tune of President publishes in the Federal Reg- education. In my State of Utah, 42 per- $165 million in the PILT program, and cent of the budget goes to public edu- ister and transmits to the Congress a all of this money is going to govern- notice stating that the emergency is to cation. If we add higher education, ments that were local and, once again, continue in effect beyond the anniver- then it is up to almost 65 percent of the not to education. sary date. In accordance with this pro- budget. The bottom line, Mr. Speaker, as we The reason for it is very simple, and vision, I have sent the enclosed notice, will be talking about at some time in stating that the Iran emergency is to it deals with this particular chart. the future is students in the West What it means is that land and prop- continue in effect beyond March 15, should be afforded an equal, an equal 2004, to the Federal Register for publi- erty tax driven by land propel local education opportunity, and they are governments and school funding, and cation. The most recent notice con- not. This land is controlled by all of us, tinuing this emergency was published also income brought from property pro- and we are saying all of us should be in the Federal Register on March 14, pels local government and school fund- paying for the benefit, because stu- 2003 (68 Fed. Reg. 12563). ing. The bottom line is, as we look at dents in the West are still being dis- The crisis between the United States this map, the West land is taken from proportionately affected unfairly. and Iran constituted by the actions and and controlled by the Federal Govern- f policies of the Government of Iran, in- ment. The blue areas within each of cluding its support for international these States represent the portion of The SPEAKER pro tempore. Under a previous order of the House, the gentle- terrorism, efforts to undermine Middle that State which is controlled by the East peace, and acquisition of weapons Federal Government; and thus, the woman from the District of Columbia (Ms. NORTON) is recognized for 5 min- of mass destruction and the means to land is taken off the property tax rolls. deliver them, that led to the declara- The State of Maine has a whopping .8 utes. (Ms. NORTON addressed the House. tion of a national emergency on March percent controlled by the Federal Gov- 15, 1995, has not been resolved. These ernment. New York has .3 percent. The Her remarks will appear hereafter in the Extensions of Remarks.) actions and policies are contrary to the large State of Texas, and it was smart interests of the United States in the re- when it became a State because they f gion and pose a continuing unusual and kept their own debt, but they also con- The SPEAKER pro tempore. Under a extraordinary threat to the national trol their own land, only 1.5 percent is previous order of the House, the gen- security, foreign policy, and economy controlled by the Federal Government. tleman from Michigan (Mr. CONYERS) is of the United States. For these rea- But of the States in the West, every recognized for 5 minutes. sons, I have determined that it is nec- one of them has at least 25 percent of (Mr. CONYERS addressed the House. essary to continue the national emer- their land controlled by the Federal His remarks will appear hereafter in gency declared with respect to Iran and Government, and the States with over the Extensions of Remarks.) maintain in force comprehensive sec- half of their land controlled by the f tions against Iran to respond to this Federal Government are, once again, The SPEAKER pro tempore. Under a threat. all found in the West. The States of previous order of the House, the gen- GEORGE W. BUSH. California and Arizona, Wyoming have tleman from Indiana (Mr. CHOCOLA) is THE WHITE HOUSE, March 10, 2004. 40 percent of their land controlled by recognized for 5 minutes. f the Federal Government. Oregon is 50 (Mr. CHOCOLA addressed the House. percent. Idaho and Alaska are 62 per- HIGHLIGHTING UNSTEADY BUSH His remarks will appear hereafter in cent. My State is 65 percent, and 83 BUDGET POLICIES RELATING TO the Extensions of Remarks.) percent of Nevada is owned and con- AFRICAN AMERICANS trolled by the Federal Government and f The SPEAKER pro tempore. Under off the tax rolls. On average, 52 percent The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- of the West is owned by the Federal previous order of the House, the gen- uary 7, 2003, the gentleman from Mary- Government compared to only 4 per- tleman from Ohio (Mr. KUCINICH) is rec- land (Mr. CUMMINGS) is recognized for cent of the East. ognized for 5 minutes. 60 minutes as the designee of the mi- Now, the bottom line for that means (Mr. KUCINICH addressed the House. nority leader. we simply do not have the resources to His remarks will appear hereafter in Mr. CUMMINGS. Mr. Speaker, I rise fund our education system accurately the Extensions of Remarks.) today to highlight the unsteady budget

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.072 H11PT1 H1046 CONGRESSIONAL RECORD — HOUSE March 11, 2004 policies of President Bush in regards to Mr. SCOTT of Virginia. Mr. Speaker, about half of the tax cuts have gone to allocating Federal resources to African I thank the chairman for his leadership the upper 1 percent of the taxpayers. Americans and many working Amer- on the budget issues. To put it another way, you can look ican families. Mr. Speaker, before we discuss what and see approximately what you got if Yesterday, I was joined by the House we cannot fund, we have to discuss a you made more than a $1 million on av- minority leader, the gentlewoman from little bit about where we are in the erage you get about $89,000 tax cuts. California (Ms. PELOSI), and my col- budget. One cannot discuss these num- $500,000 to $1 million, you got about leagues in the Congressional Black bers without charts, because we hear $13,000. And on average as you get down Caucus to issue a report that paints an rhetoric, and it is confusing. But when to $50,000 to $75,000, you are getting accurate picture of how the Bush 2005 we see the numbers on the chart, we about $132. And below $50,000 you hard- fiscal year budget will impact not just get an idea of where we are and how ly need any ink to draw the bar. Off the African American families but the ma- deep a hole we are in. chart for millionaires, do not need ink jority of middle- and lower-income This is the on-budget deficit for years to draw the bar for ordinary Ameri- families. Our findings and those of oth- beginning with the Johnson adminis- cans. ers in the advocacy community reveal tration through Nixon and Ford and Now, we were told we had to do that that the Bush budget ignores the very Carter, Reagan and Bush, larger defi- to create jobs. Let us see how many urgent challenges facing Americans cits; the green is the Clinton adminis- jobs have been created because we went across this great Nation. In fact, in the tration where we passed a budget in so far in debt. We were willing to go so face of historic unemployment, Presi- 1993 without a single Republican vote far in debt and give tax cuts to the dent Bush seeks to cut, if not com- in the House, without a single Repub- wealthy, how many jobs were created? Well, we have lost, have not gained, we pletely eliminate, critical education, lican vote in the Senate, and were able have lost almost 3 million jobs during health care, housing, and small busi- to exercise fiscal responsibility, digging ourselves out of the deep hole this administration. ness development programs that help Now, we hear the great excuse: ‘‘9/ families and employers survive during and into a surplus. And this is an on- budget surplus, so that the Social Se- 11.’’ Everything that goes wrong is be- difficult economic times. Last Friday, cause of 9/11. Because of 9/11 we lost the United States Department of Labor curity and Medicare are temporary sur- pluses and are in a lockbox to be used jobs. But wait. Every 4 years back to reported that not one, not one single Harry Truman, everybody has been for Social Security and Medicare in the private sector job was created during gaining jobs, everybody has been able future. We had a surplus. the month of February, and that the to end their term of office with more When the Republicans came in after national unemployment rate remains jobs than they came in with. President the 1994 elections, they passed signifi- at a staggering 5.6 percent. Eisenhower, in his second administra- cant tax cuts that President Clinton This terrible news is particularly tion he lost about 200,000 jobs but he vetoed. They threatened to close down frightening for the African American gained 1,900,000 in his first term to his the government, as my colleagues will community. The African American un- net plus 1,700,000 jobs. Everybody else, remember; and he vetoed them again. employment rate for February was 9.8 every 4 years gained jobs. percent, almost double the national av- They closed down the government, and If you want to blame 9/11, you ought erage. What is worse, since President he still refused to sign those massive to notice that this chart includes not Bush took office, the number of Afri- tax cuts because they were fiscally ir- just 9/11, but it also includes the Ko- can Americans without jobs has in- responsible. When President Bush came rean War and the Vietnam War, hos- creased by 20 percent. Sadly, Mr. in after the 2000 elections, they passed tages in Iran, the Persian Gulf War Speaker, the outlook for the Bush 2005 those same tax cuts again, and we see from 12 years ago, the Cold War, budget is just as dismal as the Bush how much damage has been done to the Kosovo, Grenada, everything else, ev- track record on job creation. budget. Now, this is a net surplus in erybody is gaining jobs until the result President Bush touts steady leader- the budget, going down to almost $700 of this fiscal irresponsibility has actu- ship, but his actions say otherwise. He billion, a total swing of approximately ally cost us jobs. once said that he would be a uniter, $750 billion deterioration in our budget Now, when you run up this kind of but his budget proposes to divide situation. debt, you have to pay interest on the Americans by rewarding the wealthiest Let us put that into context: the en- national debt. This chart shows the in- 1 percent of our population while leav- tire revenue from the individual in- terest on the national debt we expected ing the rest of the American people be- come tax, everybody’s individual in- to pay after President Clinton left of- hind. The Bush budget is bad news for come tax, less than $800 billion. We fice going down to zero because we the 8 million African American chil- have seen a deterioration in the deficit, were on target to paying off the entire dren enrolled in our national elemen- $750 billion. national debt. Now, this chart shows it another tary and secondary schools. It is no se- This red line is the interest on the way: the percentage of the budget paid cret that schools with high concentra- national debt we are going to end up for with borrowed money. You see, this tions of low-income minority students having to pay because of our fiscal irre- is World War II, you come through the spend significantly less per pupil than sponsibility. By 2009, the difference is years. The Clinton years, we went into schools with fewer low-income stu- almost $300 billion. Now, let us put $300 significant surplus; and when this dents. billion into perspective. At $30,000 a President Bush came in, we started piece, you can hire 10 million people Instead of rising to the challenge, the spending, paying for more and more of with $300 billion. 10 million. And it gets President’s budget underfunds his own our budget with borrowed money. wider and wider as you go out. No Child Left Behind legislation by This is an opportunity that we are b 1430 over $9 billion. Additionally, Mr. going to lose because we are going to Speaker, the Bush budget cuts in half We are up now to over 30 percent, be $300 billion less than we thought we the funding for after-school programs well over 30 percent of the budget, the were going to have when President that enable parents to educate their Federal budget is paid for with bor- Clinton left office. children and hold down jobs. If this rowed money. And you will notice that We also have to recognize that the Congress is truly committed to family that is a level we have not seen since Social Security program will be a chal- values, we must support all families World War II. lenge. These red bars represent the fact from birth through the golden years. Now, we got there with tax cuts. It is that we are bringing in more Social Se- Mr. Speaker, I want to yield to an- interesting to know who got the tax curity funds than we are paying out. other member of the Congressional cuts. This chart shows what the upper That is because we recognize that when Black Caucus as we come together to 20 percent, the next 20 percent, the the baby boomers retire, we will be highlight the budget of President Bush middle 20 percent and the other 20 per- paying out more than we are bringing and how it affects African Americans, centiles, how much of the tax cut they in. And we need to build up the trust the gentleman from Virginia (Mr. got. If you look at the top 20 percent fund so that hopefully we can pay this SCOTT). and just look at the top 1 percent, as much as we can.

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.079 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1047 2017 it goes into deficit. We are now We are having trouble funding police without using charts to show what we spending all of this Social Security officers, 100,000 police officers. And we are talking about. You have indicated surplus on the present budget. We are said we could with the $300 billion addi- that some have looked at this chart in deficit even after we have spent the tional interest on the national debt and said we are in a recovery. Others Social Security and Medicare. The that we will be paying in just a few have said the tax cuts are working. One Medicare chart looks similar to this. years, we could have hired 10 million looks at the chart, this is a miserable We are spending the Social Security people at $30,000 apiece, 5 million at failure. We have lost 3 million jobs. I surplus. $60,000 a piece, and we are having trou- do not call that a recovery. Now, when you cross the 300 line, ble trying to find funds to hire 100,000 Now, if you go back 50 to 75 years, 2025, somewhere in there, when you police officers. they blame a recession. The experts cross the 300 line that is $1,000 for every We cannot properly fund veterans will say that this administration did man, woman, and child including those benefits, education, health care. There not inherit a recession. The recession on Social Security. Every man, woman, are a lot of things we cannot do be- began on this administration’s watch. and child $1,000. When you cross the 600 cause it is all being absorbed by the in- Whenever it started, it has been over line, that is $2,000 for every man, terest on the national debt neces- by all accounts since the end of 2001. woman, and child just to make this, sitated because we have put our budget Since then, we have had all of 2002, and just to pay the Social Security short- in unprecedented deficit. 2003 and we are into 2004. No recession fall. Now, the idea that we are going to from the beginning of any recession in Now, you may look at this and de- get a promise that the deficit will be the last 50 years, we have always with- cide, well that is too challenging, we cut in half in 5 years is really insult- in about 30 months recovered all of the never could have paid it. It is just too ing. We should be talking about how we jobs that were lost during the recession much of a problem. But when you look get back up into surplus where we were within about 30 months. Here we are back at this chart, we have been told when this administration came in. In- almost 40 months after the beginning, that if you just look at what this ad- stead of running up debt, we ought to whenever they say it started, it has ministration wants to give to the top 1 be running up surpluses so we will be been at least 40 months, we have not percent, top 1 percent, that would have prepared to meet the challenges of So- recovered the jobs yet. been enough to pay Social Security cial Security. This is the worst recovery we have benefits without reducing benefits, At this rate, with all this red ink, we had in modern history. That is not a without increasing the age for 75 years, will be so far in debt that we will not recovery. or you can give the top 1 percent a tax have anything for Social Security. We Mr. CUMMINGS. Mr. Speaker, there cut. will not have anything for Medicare. Now, Mr. Greenspan told us that if has been a question that has been We will not have anything for jobs be- you extend the tax cuts like it looks raised over and over again, and, as a cause we are paying interest on the red like this administration will propose, matter of fact, I think I just heard the ink that we are running up. That is the it has proposed, if we extend the tax President say this within the last few problem that we have. And the addi- cuts we should cut Social Security. days, that one of the problems was 9/11, tional problem that we have is that the Now, I think he used the word ‘‘adjust’’ and that 9/11 caused us to go through Social Security. He is talking about in- tough choices that created this green some extra economic problems. And I creasing the age, reducing the COLA. I ink, were tough choices, politically was just wondering when my colleague think most people, including the Re- tough choices. And you can not make takes a look at his charts, is he taking publican officials, have categorized those tough choices until you have at into consideration, when he talks that as a cut. And I think most people least acknowledged a problem. about 40 years back, is he taking into This administration refers to this would view that as a cut; they are consideration the fact that we had this going to be getting less than they graph and the deficit as ‘‘manageable.’’ very, very unique situation and regret- would have if you had not made that That is why we need a graph to show ful situation with 9/11? adjustment. I would certainly call that the people what we are talking about. Mr. SCOTT of Virginia. Mr. Speaker, a cut. This administration refers to this job when people talk about 9/11, they have But he said if you extend the tax graph by saying that the tax cuts are to take into consideration that this cuts, you have to cut Social Security. working. The tax cuts are not working. chart goes back to Truman and Eisen- The GAO issued a report recently that We have lost 3 million jobs. And so you hower, that includes the Korean War, showed that we are on track to dis- need the graph to show specifically it includes Kennedy, Johnson, Nixon, it aster. A great political philosopher what we are talking about in this budg- included the Vietnam War, the Cold once said, ‘‘If you do not change direc- et and how bad it is. War, the hostages in Iran, Grenada, So- tions, you may end up where you are And, so, I would say to the chairman malia, Kosovo, the Persian Gulf War. headed.’’ of the Congressional Black Caucus, I All of those are on this chart. Everyone Well, the GAO says that we are head- thank him for the opportunity to created jobs during their four-year ad- ed towards a situation in a few years, a present the problem so that we can, as ministration. others participate, can talk about the couple of decades where the Social Se- b 1445 curity deficit and interest on the na- things that we cannot fund because we tional debt alone will absorb all of the have this situation where we are so far President Clinton, 10 million jobs the projected Federal revenues for those in the hole with a graph such as this. first term, over 10 million both the years. In other words, all of the reve- You cannot create a graph like this by first term and over 10 million jobs over nues will be insufficient to pay just the accident. We are far in the hole, and we the second term. Everyone has had Social Security shortfall and interest need to dig ourselves out so that we problems. There have been recessions on the national debt. That is without can make the important investments all the way up and down here. Every- Medicare, and Medicaid, and that is in education, in health care, in vet- one has been able to deal with adver- without any other Federal spending. erans benefits and the other important sity and create jobs. Until you get Just the Social Security shortfall and challenges that we have before us. And here. interest on the national debt will ab- I thank the gentleman from Maryland Now, if the President had offered an sorb all of the Federal revenues. (Mr. CUMMINGS) for yielding. economic plan that had been rejected, Obviously, that is a direction we Mr. CUMMINGS. Mr. Speaker, if the he might say that because you rejected should not be going in. We need to gentleman from Virginia (Mr. SCOTT) my plan, if you had only adopted my change directions. And the reason we will yield for a second, I want to ask plan, things would have been better. cannot fund many of the things that the gentlemen a few questions. They We adopted his plan. We passed, I did you mentioned that the gentleman call this a jobless recovery. Would my not vote for them, but Congress passed from Maryland (Mr. CUMMINGS), the colleague agree that there is a recov- his plan. And it resulted in a massive chairman of the Black Caucus, men- ery? deficit and job loss. tioned is because we are using up the Mr. SCOTT of Virginia. Mr. Speaker, Mr. CUMMINGS. In other words, money in interest in the national debt. this is the problem with using rhetoric when you have the loss of jobs and you

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.081 H11PT1 H1048 CONGRESSIONAL RECORD — HOUSE March 11, 2004 have, in looking at the very end of would be willing to spend whatever it Mr. CUMMINGS. One last question. I your chart there, does that, how does takes to make the United States safe. will never forget when the President that affect the overall economy? We are now debating whether we are talked about the war in Iraq, when the Mr. SCOTT of Virginia. When you safer or not as a result of spending as President talked about the war on Iraq. lose jobs, there are things that, first of a result of spending $166 billion. It I am sure you will recall one of the all, I do not know how you can spend looks to me that there are a lot of things that he said was that this war that kind of money. Right after 9/11, we other things you could have done with had been brought to us. I shall never appropriated $40 billion. At $40,000 each a $166 billion budget that would have forget it. I was sitting in this Chamber. you could have hired a million people. made America a lot safer than we are And he said to us we need to take this I do not know how you end up losing today. responsibility so that our children and jobs; 9/11 actually should have stimu- But look at the red ink. I mean, when our grandchildren would not have to lated jobs, not lost jobs. The problem is you start adding it up, there was not a address it. And it sounds like what the that this administration does not look peep mentioned about how we were gentleman is saying is that at least in at money, financial responsibility, going to pay it. No sacrifice. And, in part this war will have to be paid by with anyone. They decided to do some- fact, when you look at some of the our children and our grandchildren, at thing. It does not matter how much it things that the House passed right least, if not our great grandchildren be- costs. after 9/11 with most of the votes com- cause of the way things are going. Just look at the war in Iraq. The Per- ing from the Republican side of the The other issue is this: one of the sian Gulf War 12 years ago cost the aisle, we passed one provision which things we hear over and over again was a repeal of the alternative min- United States $7.4 billion, 7.4. Now, the from the President is that he keeps imum tax for corporations. That is 60, 70, $80 billion was the total cost; but talking about, saying that this side of kind of technical, but what we found because we had allies, total cost was the aisle wants to increase the taxes on about 15, 20 years ago was that a lot of $7.4 billion. Americans. And basically what he is corporations were paying out dividends When we appropriated $87 billion a saying is that if we do not extend and few months ago, we had already spent year after year after year. They were profitable companies; but because they make these tax cuts permanent, that is $79 billion on the war. Total $166 bil- had so many loopholes and deductions, like increasing taxes on Americans. lion; 7.4, 166, just to implement the my- they were paying no income tax. And That is a very interesting way to put way-or-the-highway, go-it-alone strat- so they passed a provision many years it. egy. Had we developed some allies so ago called the alternative minimum I just want to know what you that someone else could help pay the tax for corporations. In the alternative thought. money and absorb some of the causal- for no tax, at least pay a minimum tax. Mr. SCOTT of Virginia. The idea that ities, it is not all our money and all And that has been a law right after if we do nothing, that that is a tax in- our causalities, it would have been 9/11 when everyone was supposed to be crease. The important thing is not to closer to the 7.4 than the 166. sacrificing. The House passed a provi- worry about what the label is. The im- Now, we are going, the estimates are sion to eliminate the alternative min- portant thing is to look at this chart. about $50 billion. The chairman of the imum tax for corporations. The policies of this administration Committee on the Budget has esti- They took that opportunity when ev- which have been pretty much adopted mated about $50 billion will be coming eryone is supposed to be sacrificing to in total have resulted in a deteriora- next year for Iraq, so that is another eliminate the alternative minimum tax tion in the budget almost equivalent to 50, 7.4, 166, 50 and who knows what for corporations. And while they were the total amount of money that we get after that. at it, they have made the repeal retro- from the individual income taxes. Let us put the 166 in perspective. active for 15 years. So if you had paid Mr. CUMMINGS. You said that is $800 That is more money than we spent in a the alternative minimum tax in the billion. year on the Department of Homeland last 15 years, you would get your Mr. SCOTT of Virginia. The money Security for the security of the United money back. Several corporations we get from the individual income tax States; and the Department of Edu- would be getting a billion dollars back. totals less than $800 billion. We have a cation, the entire Department of Edu- Enron would get $250 million. $750 billion deterioration in this budget cation budget. Plus, it is still more Now, if you had a company and you in just 3 years. And so whatever you than the Department of Transpor- got a billion dollars retroactive tax re- call it, whatever label you put on it, tation, all road-building we are sup- lief, an employee of that corporation look at the chart. This is called tax posed to be doing. And it is more than would be no more likely to have a job cuts are working, deficit is manage- the Department of Labor and Depart- the next day than the day before. That able, whatever you want to call it. ment of State. Add them all up, com- is not stimulating the economy. There Look at what this administration’s bined. is no more demand for your product. policy resulted in. Mr. CUMMINGS. Combined. Now the uppity-ups in the corporation Now, you talked about who is paying Mr. SCOTT of Virginia. Combined. would be more likely to get their bo- for it. Part of the war is being paid for Homeland Security, Education, Trans- nuses, the stockholders more likely to by veterans benefits. We are debating portation, Department of Labor, De- get their dividends. But an employee now as to whether or not we are going partment of State, add them all up, it for the company, because there is no to at least maintain present services. does not come to $166 billion; 7.4, 166. more demand for the product, is no Mr. CUMMINGS. To veterans. How much do you have to spend before more likely to have a job the next day Mr. SCOTT of Virginia. For veterans. someone suggests that the spending is than the day before. That is the kind of The President’s budget does not in- out of control? provision that this House passed. clude enough money to maintain just Mr. CUMMINGS. One of the things Thankfully, there was a Democratic the little present benefits for veterans. that I remember when the President majority in the Senate at that time They want some veterans to pay more was considering going to war, one of and that was defeated in the Senate. fees for health services, some not to be the things that was asked of the Presi- But when you talk about sacrifice and eligible, less services, while the war is dent by the Congressional Black Cau- how do you pay for a $166 billion war, being fought. So the veterans them- cus was exactly how were we going to well, you do not worry about it; you selves will have to come back and pay pay for this war and exactly where was just let the next generation pay for it. the interest on the debt on the war this money going to come from, be- You pay for it out of the next genera- that they fought in. That is not right. cause we have a limited situation. But tion’s Social Security. You borrow the We are not able to fund the kind of I guess what you are saying is that money and worry about it later. That things like Cops on the Beat. Now re- what we are doing is we are over- is not the fiscally responsible thing to member, in just 5 years we will be spending. I am trying to put it in lay- do. It is not how you stimulate the spending approximately $300 billion men’s terms. economy. It is not how you produce more in interest on the national debt Mr. SCOTT of Virginia. If you are jobs, and it is not what you ought to be than we should have had to pay. You going to spend $166 billion and we doing to the next generations. can hire at $30,000 a piece, 10 million

VerDate jul 14 2003 02:13 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.083 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1049 people for that amount of money or 5 everything else, a deterioration in the tion centers, sometimes prisons, some- million at $60,000. We are trying to find budget, $750 billion, almost the same as times all kinds of programs, teenage a little money to hire 100,000 police of- the total amount that we received from pregnancy programs, things of that na- ficers, to hire teachers, health care the individual income tax. ture, to help lift people up after they workers; and we cannot find the money Mr. CUMMINGS. I want to thank the have fallen. because it is all being used up in inter- gentleman for the explanation and for Mr. SCOTT of Virginia. Mr. Speaker, est on the national debt that is run up his excellent work on the budget. the President’s budget eliminates fund- because you have to pay interest on Mr. Speaker, the Bush budget elimi- ing for the juvenile justice programs, the national debt since you are obvi- nates all kinds of programs, as the gen- the prevention programs, the early ously not paying off any debt while you tleman from Virginia (Mr. SCOTT) just intervention programs, the kinds of are in the hole. You only pay off debt talked about. There is one program things that you can pay now and pay when you are above the line. When you that eliminates and that is the Even less later. He had to cut those out be- are in the hole, you are running up Start program. A lot of times, Mr. cause having spent all the money in more debt, you have to pay more inter- Speaker, we look at the numbers in a tax cuts and having gone so far in debt, est on the national debt. budget and we look at them purely there is nothing left over for those im- We cannot pay for our transportation based upon figures; but the impact on portant programs; and you are talking projects. There are so many things human beings and citizens and children about hundreds of millions of dollars. that we cannot do because we are run- in our country is phenomenal. This is hundreds of billions of dollars ning up so much interest on the na- For example, this Even Start pro- that we are in deficit, and we cannot tional debt. And remember that we gram is meant to uplift children and make the little kinds of payments. have the exploding Social Security families through a combination of My colleague talked about jobs. The problem in just a few years. We ought childhood education and adult literacy small business program which is just to be preparing for that, not wake up programs. That is very important; and less than $100 million, that is one-tenth in 2014 and wonder why the Social Se- when the gentleman from Virginia (Mr. of $1 billion. Here we are almost $700 curity surplus is no longer there. It is SCOTT) talked about the whole jobless billion in the hole, one-tenth of $1 bil- not going to be there after 2014. We are situation, it is one thing to have oppor- lion, and that program creates jobs. going to have to come up with more tunities at some point in the future, The only thing the government has to money. We will not have the gravy hopefully. It is another thing for those pay out is when the loan defaults be- train of 100-some billion dollars or go parents of those children to be pre- cause it is a loan guarantee program. up to $275 billion in Social Security pared to take advantage of those jobs So just for every now and then there is surplus to run through. and for them to be able to raise their a default we have to pay. For every 2 or It is a growing deficit, and there is no family. It takes money to raise a fam- $3,000 we pay out, we are creating a job provision in the President’s budget or ily. because tens and hundreds of thou- the Committee on the Budget’s budget Then the Bush budget freezes funding sands of dollars has been borrowed, that we are about to, that they will for Head Start, which provides edu- guaranteed, paid back. So we do not probably adopt; there is nothing in cation and nutrition service for over have to pay anything. For every 2 or there to prepare us for the Social Secu- 297,000 African American children, $3,000 we actually have to pay out, we rity shortfall and the interest on the very, very significant. How do you even have created a job. put a value on a child being able to get national debt. When you start going in the hole a head start in life and in school and to The GAO just issued a report in the hundreds of billions of dollars and have last few days that shows if we keep be able to go to school ready? When we look at health care, the pic- a program that can create jobs for 2 or going in the direction we are going, in $3,000 a piece, why did that get cut out? just a couple of decades the Social Se- ture gets even worse. The Bush budget does absolutely nothing to hold down Because you just ran so far in debt that curity shortfall and interest on the na- you did not have any money left over. tional debt will absorb all Federal rev- the costs of prescription drugs. It jeop- ardizes medical benefits for the 4.6 mil- Mr. CUMMINGS. Mr. Speaker, I want enues. That means no Medicaid, no to thank the gentleman from Virginia Medicare, no Federal spending on any- lion African American children who re- ceive health care through Medicaid, (Mr. SCOTT). thing including defense. You spend all I want to yield to the gentlewoman your money just in Social Security and and it severely underfunds programs from California (Ms. MILLENDER- interest on the national debt unless that combat the spread of HIV/AIDS MCDONALD). there is a profound change in direction. and the increase of health disparities Ms. MILLENDER-MCDONALD. Mr. Mr. CUMMINGS. What change could among minority communities. Speaker, I thank the gentleman for his reverse that? These are things that go to the es- leadership on this issue and the gen- Mr. SCOTT of Virginia. Well, you sence of life; and I have often said as tleman from Virginia (Mr. SCOTT). need to make tough choices; and, fun- we talk about the budget and other damentally, the strategy ought to be issues that the Congressional Black I am joining my colleagues because I the green. Caucus, as we do that, we are not just see now that the President’s budget is In 1993 when President Clinton came speaking for African Americans. A lot cutting about 20-plus programs, and in, we made tough choices. He vetoed of people get a little bit confused. They those programs are critical to our dis- bills that were inconsistent with his see African American Congresspeople tricts. And you are absolutely right, tough choices and we went into sur- stand up, and they assume that in all our districts do not comprise all Afri- plus. These are tough choices. This was our districts the majority of people are can Americans. We are talking about the strategy that created fiscal respon- African American. That is just simply Cambodians, Filipinos, Samoans, Viet- sibility and 20 million jobs in 8 years. not true. We represent a wide range of namese, Guamanians; and they are all Fiscal irresponsibility is when you people of all races and colors, religions concerned about the loss of jobs. start passing massive tax cuts without in our caucus, and so over 26 million In L.A. County alone, which is the paying for them, just borrow the people in total. largest county in California, we have money for the tax cuts. Some say we But those costs that I just talked lost over 136,000 jobs. In the State of are giving you your money back. No, about, those are the costs, I guess, like California, we have lost over 300,000 no, no, no, no. We have spent your I said, you cannot put a value on mak- jobs. No State, no city, no county can money. We are sending back money we ing sure that a child is well taken care be sustained with those types of job have borrowed from overseas and giv- of because it used to be a commercial losses; and so this budget is absolutely ing it back because we spent your that said you either pay me now or pay the most outrageous budget I have ever money. me later. If you do not give that child had to deal with because it has no a good head start in life, then govern- funding in there for No Child Left Be- b 1500 ment, through State government in hind to any great degree. We know the We spend your money and everybody most instances, will pay later on last budget was $8 billion short. I think else’s money and Social Security and through, unfortunately, juvenile deten- now it is $9 billion short; and so here

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.085 H11PT1 H1050 CONGRESSIONAL RECORD — HOUSE March 11, 2004 we are trying to grapple with edu- per month, because that growth is not So now our colleges are not getting as cating our children, some 53-plus mil- coming. much money. lion children in this country. Cali- Mr. SCOTT of Virginia. On those My point is that Americans have to fornia has over 6 million, and we do not transportation jobs, is there not some- understand that no matter what they have the funding to do that. thing unique about those jobs? We keep are going to pay, they are going to pay I think it has just gone off the chart, talking about transferring jobs over- one way or another. Property taxes are and so I thank the gentleman for al- seas. When you have a transportation- going up, but yet and still our Presi- lowing me to come and speak on this created job, where does that work take dent runs around talking about how because I have never seen a budget that place? great a tax cut we are getting when, in is so ill-fated, that has absolutely Ms. MILLENDER-MCDONALD. That fact, I think Americans are going back- nothing to speak to the American peo- work takes place right here in Amer- wards and services are being less than ple, when we have 11 million children ica, in the heartlands, in the rural, in they have to be. It is the only way that who are uninsured, and over 44 million the urban areas of our cities and you can do all of this and still keep in- adults, and this budget does not speak States; and this is why, if the Presi- stitutions open. to insuring them. It is an atrocity, and dent is really interested in getting jobs Mr. SCOTT of Virginia. Mr. Speaker, so I join you in saying this administra- to the American people, he would in- the problem is that unless you recog- tion’s budget is a hoax; it is not for the vest in this transportation bill that nize that there is a problem you are American people. It is everything but will keep those jobs right here. They not going to come make the tough for the American people. are great construction jobs. There are choices to fix it. Most people would Mr. CUMMINGS. Mr. Speaker, I want other suppliers jobs that come from glance at this chart and say we have a to thank the gentlewoman for her that, and it is a multiplying effect. So problem. This administration says that statement; and I am just reminded, I if you get those jobs, those jobs create this is manageable, and on the job think it was just yesterday the Presi- other jobs and, therefore, will bring chart where he looks like he will be the dent went to Ohio. He stood there in back a lot of those jobs; but if he is not first one to leave office with fewer jobs than he started off with, the tax cuts front of quite a few people, and he said, willing to invest the $375 billion in a are working. No, the tax cuts are not basically, hold on, hold out; I am the transportation bill, then he is not real- working. We are losing jobs. If we one that gave you these tax cuts. Basi- ly anxious about getting jobs back to passed the transportation bill, millions cally what he said, I still believe in Americans. of jobs would be created. this trickle-down theory and that Mr. CUMMINGS. Mr. Speaker, re- This will go above the line. Pass the things are going to get better. claiming my time, let me just say this. transportation bill. There are a lot of The fact is that the President has As my colleagues were talking, I could things we can do to stimulate jobs. Tax been saying that over and over again. not help but think about how the cuts to the wealthy have not worked. As a matter of fact, a little bit earlier President talks. Transportation jobs will work. Tax this year, in his economic report, he Could we bring that chart back up, cuts to those in the lower end, who will projected that he would be producing the first one. The President talks so actually spend it and buy stuff with it, some 2.6 million jobs before the end of much about that. It is the one that will work. the year. talks about the tax cuts, I mean how A millionaire, if he wants a tele- Mr. SCOTT of Virginia. Mr. Speaker, much money people get. vision, he would have already bought a if the gentleman would yield, I think Mr. SCOTT of Virginia. This? television. If he wants a car, he would they have been revising that number Mr. CUMMINGS. You had one with have already bought a car. Someone in back and forth, but whatever the pro- red, that one. the lower brackets, if they get a couple jections are, let us look at the results. Mr. SCOTT of Virginia. This is if you hundred extra dollars, they are going No President has left office in over 50 are making 50 to $75,000, you are on av- to spend the money. years with fewer jobs than they started erage, the average income group, $132. So there are a lot of things. Repeal- off with until this administration. We Below that you hardly need any ink to ing the alternative minimum tax for are down 3 million jobs; and if you are draw the bar. However, if you are mak- corporations, we discussed, will not interested in jobs, remember that in ing more than $1 million, you explode create any jobs; but that is how we just a few years we will be spending way off the chart. were trying to spend the money, and $300 billion on additional interest on Mr. CUMMINGS. The reason why I that is why, as a result of all that the national debt that had not been an- wanted to point that chart out is be- spending, it still ended up no jobs. If ticipated when President Clinton left cause something interesting is hap- you look at the study of the Repub- office, $300 billion dollar. At $30,000 pening here, and we are seeing it in all lican-dominated Joint Committee on each, you can hire 10 million people. of our States. Taxation, when they looked at the 2003 There are only 9 million people unem- The tuition, for example, in Morgan and looked at tax cuts and looked at ployed and receiving unemployment in State University in my district, I sit the taxes that were cut, they concluded America today. Instead of an unem- on the Board of Regents, has gone up you might have a little short-term ployment check, you have enough some 25, 30 percent. The average family spike in jobs. As a direct result of pass- money there in additional interest on at Morgan State has an income around ing that bill, you will have fewer jobs the national debt that we should not about $50,000, $55,000. So about how in the fullness of time than you started have to pay to hire everybody that is much would they be getting based upon off with, and that is because you did it drawing an unemployment check. that chart in tax cuts? with borrowed money. There was lim- Mr. CUMMINGS. Mr. Speaker, I yield Mr. SCOTT of Virginia. Fifty to ited stimulus, and because you have to the gentlewoman. $75,000: $132. Now there are a lot of dif- got to pay interest on it, on the debt Ms. MILLENDER-MCDONALD. Mr. ferent variations in that, depending on that you ran up in the fullness of time Speaker, the gentleman and I sit on the child tax credit. If you have a lot of and just a few years as a direct result the Committee on Transportation and children, you may get more tax credit. of passing the bill, you will have fewer Infrastructure. That bill alone would If you are single, you may not get any- jobs than you started off with. bring the types of jobs for folks that thing at all. On average, 50 to $75,000, We should not be surprised because of have good wages and good benefits, and you are getting $132 a year. the taxes we cut that we are below the yet we have asked for over $375 billion Mr. CUMMINGS. Let us take it up to line. Had we used the money for trans- for that bill. He has now cut that bill $500. I will give them an extra $500 in- portation, for targeted tax cuts where down to some $258 billion. How can we stead of $132. The tuition has gone up they would have made a difference to get Americans back to work if we are almost that much, and Pell grants are help fund States or other programs, not going to put the type of funding in being leveled off; and we have got a sit- where we actually use the money in programs and on bills to support that? uation where like other States we suf- such a way that people will be hired, So we are just outraged. It is out- fered a deficit. The State is not getting with all the spending, this thing ought rageous to even speak of the fact that as much money so, therefore, the to be off the chart. The budget has de- they are going to have so many jobs State’s going through its difficulties. teriorated $750 billion, almost the same

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.087 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1051 as what we get from the entire indi- Securing our Nation’s public trans- special order in the same way, recog- vidual income tax. With that kind of portation system has been a top pri- nizing and extending our sympathy to spending, it should have been able to ority of mine. At the outset of the the families of the victims in Spain. create some jobs. 108th Congress, I introduced the Public It was only a short period ago that the prime minister from Spain was b 1515 Transportation Systems Vulnerability and Reduction Act of 2003, which is here, and last summer I had the oppor- Ms. MILLENDER-MCDONALD. Mr. H.R. 1148. For years, Mr. Speaker, gov- tunity to visit in Spain with the prime Speaker, if the gentleman will yield ernments around the world have recog- minister, along with the Speaker of our once again. The other thing that would nized that public transportation is a House, to express our appreciation to create the climate for jobs would be major terrorist target. Until 9–11, the our colleagues in Spain who have been small businesses. And yet here at the United States had been largely spared very involved in the war on terrorism. end of last year, the 7(a) loan program, the kinds of terrorist campaigns waged And so I thank the gentlewoman for which is really the driving force for fi- against public service transportation. bringing that to the attention of our nancing for small businesses was abso- However, we cannot wait for a tragedy colleagues here in the House. lutely turned out. No money in it. It to happen to prompt us to address our I will also take a look at the legisla- was eliminated. But because we raised vulnerabilities. tion that the gentlewoman has au- so much havoc on it, they have brought In October 2001, a study released by thored, recognizing that the war on that back, but with fewer dollars. So the Mineta Institute, Protecting Public terrorism is a real war. we still do not have the infusion of Surface Transportation Against Ter- Ms. MILLENDER-MCDONALD. Re- money for this powerful engine that rorism and Serious Crime: An Execu- claiming my time, Mr. Speaker, I drives the economy through job cre- tive Overview, cites that between 1920 thank the distinguished gentleman for ation, which are the small businesses. and 2000, there have been approxi- his interest. So, again, the President is not oper- mately 900 terrorist attacks and other f ating in the true sense of helping significant criminal incidents involv- IRAQ Americans to get back to work. ing public surface transportation sys- Mr. CUMMINGS. Mr. Speaker, again, tems. However, all but 14 of these at- The SPEAKER pro tempore. Under the Congressional Black Caucus stands tacks occurred after 1970, the year that the Speaker’s announced policy of Jan- up, as we have over and over again. It marks the beginning of modern ter- uary 7, 2003, the gentleman from Michi- is said that we are the conscience of rorism. gan (Mr. HOEKSTRA) is recognized for 60 the Congress. I claim we are the con- Attacks against transportation and minutes as the designee of the major- science of the United States of Amer- transportation infrastructures ac- ity leader. ica. counted for about 42 percent of all Mr. HOEKSTRA. Mr. Speaker, today, The fact is that President Bush is international terrorist attacks accord- I am joined in this special order by my doing no favors for not only the Afri- ing to the most recent statistics pro- colleague, the gentleman from Indiana can American community but commu- vided by the U.S. DOT Office of Intel- (Mr. PENCE). As my colleague from nities throughout this country; for ligence and Security in 1998. We are California just indicated, we come to hardworking Americans who got up seeing these statistics play out before the floor of the House recognizing the early this morning, some of whom had our eyes on CNN. tragedy of the terrorist attacks in a job, but for others who are about to My legislation, the Public Transpor- Spain. We are not quite sure who was lose their job, and still others, Mr. tation Systems Vulnerability and Re- responsible, but we know there was a Speaker, who do not have to go to duction Act of 2003, will provide our significant loss of life. work because they have already lost Nation’s transportation systems and We know that Spain has been an ally their job. I just find it very interesting workers with the training and funding in the war on terrorism. Their soldiers that the President would go to Ohio, a to help protect our homeland. This leg- have fought with our troops in Iraq. State where there has been phe- islation will provide funding for ongo- Their prime minister was here a couple nomenal job loss, and tell people who ing vulnerability assessments which of months ago indicating their strong do not have a paycheck to hold on and would build continuously on informa- support and their partnership, whether hold out. tion collected, allowing for easier im- it was al-Qaeda, whether it was domes- f plementation of new technology that tic terrorism, or whatever. But we join in expressing our sym- CONDOLENCES TO TERRORIST VIC- will assist in averting terrorist attacks on all modes of public transportation. pathy to the government and the peo- TIMS IN SPAIN; AND PUBLIC ple of Spain for the loss that they suf- TRANSPORTATION SYSTEMS It will have training programs for front-line transit employees, ensuring fered today and reaffirm our commit- VULNERABILITY AND REDUC- ment to the people of Spain that we TION ACT OF 2003 that these employees, who are the eyes and ears of transportation systems, are will continue to work and fight with The SPEAKER pro tempore (Mr. prepared to respond to emergency situ- them in this war on terrorism that in BOOZMAN). Under a previous order of ations. And it will develop and have so many different ways has reared its the House, the gentlewoman from Cali- implementation of local and regional ugly head not only in Spain, the United fornia (Ms. MILLENDER-MCDONALD) is emergency preparedness plans that States, but in Africa, in Saudi Arabia, recognized for 5 minutes. fully utilize a community’s transpor- and with the USS Cole and a number of Ms. MILLENDER-MCDONALD. Mr. tation resources. other attacks throughout the world. Speaker, I rise today to offer my con- Mr. Speaker, I ask all my colleagues Today, we want to talk a little bit dolences to the families of the terrorist to join me in continuing to work to about the situation that has gone on in victims in Madrid, Spain. give our Nation’s transportation sys- Iraq and kind of put that in context. This heinous act of violence is be- tems and employees the resources to We have recognized this war on ter- coming all too common an occurrence. protect our communities. I urge my rorism. We have recognized the threats This morning, as we are all painfully colleagues to support the Public Trans- from Saddam Hussein and others for a aware, a series of explosions ripped portation Systems Vulnerability and long period of time. It was back in 1992 through several packed commuter Reduction Act of 2003. that Senator Gore was talking about trains in Madrid during the morning Mr. HOEKSTRA. Mr. Speaker, will what a threat Saddam Hussein and Iraq rush hour. The blast killed at least 173 the gentlewoman yield? was. people and wounded 600. Ms. MILLENDER-MCDONALD. I Here is a quote from a speech he gave Last month, in an all too familiar yield to the gentleman from Michigan. in 1992. Senator Al Gore: ‘‘He,’’ mean- circumstance in Moscow, a bomb ex- Mr. HOEKSTRA. Mr. Speaker, I want ing Saddam Hussein, ‘‘had already ploded inside a crowded subway train to thank the gentlewoman for yielding, launched poison gas attacks repeat- during the morning rush hour, killing because I want to identify with the re- edly, and Bush looked the other way. at least 39 people and wounding more marks she made starting off her 5- He had already conducted extensive than 130. minute speech. I was going to start my terrorism activities, and Bush looked

VerDate jul 14 2003 00:26 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.088 H11PT1 H1052 CONGRESSIONAL RECORD — HOUSE March 11, 2004 the other way. He was already deeply that region and the security of the the things that we are going to focus involved in the efforts to obtain nu- world.’’ on here today, not what we think about clear weapons and other weapons of President Clinton went on to say, here in Washington, when we put this mass destruction. Bush knew it, but he ‘‘There is no more clear example of this in context, we will talk about the looked the other way. Well, in my threat than Saddam Hussein’s Iraq. His threat that Saddam Hussein was, not view,’’ and the ‘‘my’’ was Senator Gore, regime threatens the safety of his peo- to America, not to the Middle East, but ‘‘the Bush administration was acting ple, the stability of his region,’’ and he most importantly to his own people. in a manner directly opposite to what went on to describe Iraq as, ‘‘a rogue Mr. PENCE. Mr. Speaker, to that you would expect with all the evidence state with weapons of mass destruc- end, and I am anxious to get to that it had available to it at the time. Sad- tion, ready to use them or provide conversation, I have to tell my col- dam Hussein’s nature and intentions them to terrorists who have traveled league that the search for weapons of were perfectly visible.’’ the world. If we fail to respond today mass destruction found for the Iraqis Already in 1992, Senator Gore had to Saddam Hussein, he will be that I spoke to in Basra, it found its identified Saddam Hussein and Iraq as emboldened tomorrow by the knowl- locus the day Saddam Hussein was cap- a threat to American Security and to edge that he can act with impunity.’’ tured by American troops. This is a the security of the Middle East and as These are the words of the 42nd man who, according to former pris- a danger to his own people. And I think President of the United States of oners of war, he and his regime were that goes on to President Clinton, who, America, William Jefferson Clinton, responsible for the death by incarcer- during the 1990s, identified Saddam about the conclusions of the Intel- ation or other means of 1.2 to 1.3 mil- Hussein and Iraq as a threat. And I ligence Community and his personal lion of their countrymen. According to think my colleague from Indiana may conclusions as our Commander-in-Chief Amnesty International, we have identi- have some of the statements that that Iraq did possess biological and fied the remains thus far in 270 mass President Clinton was making. chemical weapons in the year 1998. graves of 400,000 men, women, boys, and This is not to say what should or not girls in the mass graves of Saddam b 1530 have been in the 1990s, this is saying Hussein. that through the last 10 to 15 years we Mr. HOEKSTRA. Mr. Speaker, what But the weapons-of-mass-destruction knew Saddam was a threat. we know is through the 1990s, there was issue is an issue, and the gentleman Mr. Speaker, I yield to my colleague a consensus that there was a war on from Michigan (Mr. HOEKSTRA) is right from Indiana. terrorism that was being fought, that to address it in the beginning inasmuch Mr. PENCE. Mr. Speaker, I thank the there were issues dealing with Iraq and as it is in the mind of the American gentleman for hosting this special dealing with Saddam Hussein. It was people. But none other than Senator order. And having just returned from not only the President; it was the Clin- DASCHLE, who has been the majority Iraq, it is particularly meaningful to ton administration. Madeleine leader of the Senate in recent years, me to acknowledge the gentleman’s Albright said ‘‘Hussein’s weapons will but at the time in 1998 and President leadership in this Congress in traveling not discriminate if and when they are Clinton’s decision to fire cruise mis- to Iraq since the end of hostilities used, and therefore it is important for siles and attack Iraq was minority more, I think, than any other Member the region to understand that he is a leader, Senator DASCHLE said, ‘‘We are of Congress; and having just learned threat.’’ here today to affirm that we and the what that has meant to our troops and In September 1998 she said, ‘‘Our ad- American people stand with the Presi- what that has meant to the people in versaries are likely to avoid tradi- dent and the international community the transition process at the coalition tional battlefield situations because in an effort to end Iraq’s weapons of authority, I want to thank him for there American dominance is well-es- mass destruction programs and pre- that. tablished. We must be concerned in- serve our vital and international inter- There is no question this issue of stead about weapons of mass destruc- ests.’’ weapons of mass destruction, which tion and by the cowardly instruments ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE has become such a political football in of sabotage and hidden bombs. These The SPEAKER pro tempore (Mr. America today, represents some form unconventional threats endanger not SHIMKUS). The Chair reminds Members of an intelligence failure, if by that we only our Armed Forces, but all Ameri- not to refer to individual Members of recognize that we have not found the cans and America’s friends every- the other body. vials of chemical and biological weap- where.’’ That is September 9, 1998. Mr. PENCE. Mr. Speaker, there is no ons. But it is absolutely imperative, as So the threat of weapons of mass de- question whatsoever that the position the gentleman suggests, to know that struction, but most importantly the of the administration and others in if it was an intelligence failure, it was larger threat not specifically identi- America supported the conclusion that a world intelligence failure and it was fying what terrorist organizations the intelligence community, not just of an intelligence conclusion that was would use, but recognizing the emer- the Bush administration, but of the ad- drawn by at least two previous admin- gence of a different kind of threat to ministration that preceded it came to a istrations. American, to Western Europe as the singular conclusion: that Iraq was in I cite in evidence the remarks of Cold War collapsed of unconventional possession of weapons of mass destruc- President Bill Clinton on February 17, threats that would endanger not mili- tion. 1998. Again, these are the words of the tary folks, but that would target civil- I am always anxious to remind my President of the United States about ians. constituents in eastern Indiana that what official U.S. policy was relative Mr. PENCE. Mr. Speaker, on Feb- the reason we know Saddam Hussein to the possession of weapons of mass ruary 18, completely consistent with possessed weapons of mass destruction destruction by the regime of Saddam Secretary Albright’s remarks, ‘‘In the was because he used them. He used Hussein. next century the community of nations them on his own people. He used them President Clinton said. ‘‘And they,’’ will see more and more of the very to kill thousands in Kurdistan in the referring to predators of the 21st cen- kind of threat Iraq poses now.’’ In de- early 1990s in the immediate aftermath tury, ‘‘they will be all the more lethal scribing it, President Clinton said, ‘‘A of the first Persian Gulf War. We are if we allow them to build arsenals of rogue state with weapons of mass de- told by eyewitness accounts of men, nuclear, chemical, and biological weap- struction ready to use them or provide women and children running in the ons and the missiles to deliver them.’’ them to terrorists.’’ middle of the night out of their bed- President Clinton went on to say, ‘‘We Mr. HOEKSTRA. Mr. Speaker, I rooms, out into the streets, grabbing simply cannot allow that to happen. think the quotes go well on to other their throats as they were asphyxiated There should be no doubt,’’ President folks in 2000. So this is a continuing by mustard gas or some other chemical Bill Clinton said, ‘‘There should be no story of intelligence. As we move agent and killed in the streets and doubt Saddam’s ability to produce and through this process, on a bipartisan towns of Kurdistan. Chemical weapons deliver weapons of mass destruction basis, this is what we believed the were used against his own people. It is poses a grave threat to the peace of threat was to the United States. One of not a subject of theoretical analysis or

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.091 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1053 intelligence analysis; but as the gen- ventilation system which was designed said. So there is no doubt, and that is tleman from Michigan knows, it is a as a countermeasure to the distribu- the message through the 1990s. matter of historical fact and record tion of chemical or biological weapons. We are not sure exactly what was that Saddam Hussein in the early 1990s There was a decontamination room to there because it was a very secretive possessed and used chemical weapons essentially remove chemical or biologi- society. He was very good at deceiving against his own population. cal agents that were on a person before others when we were trying to pene- What became of them in the days im- they could enter the bunker itself. trate into what was going on in Iraq. mediately prior to Operation Iraqi For a regime that, according to some But there is no doubt about what his Freedom, we will continue to inves- of the administration’s critics, never plans and intentions were. This is why tigate. I traveled by the site of the had weapons of mass destruction, Sad- Dr. Kay will say we may not have Iraqi survey group in Baghdad just 1 dam Hussein’s own bunker, literally found exactly what we were expecting week ago, and I know in meeting with down the street from his primary pal- to find when we got into Iraq; but what the intelligence community there that ace, had an enormous multi-million we found was as dangerous, if not more that search goes on. And as we con- dollar investment to protect him from dangerous, than what we had antici- tinue to bring Iraq forward in the fam- weapons that he apparently did not pated that we would find. ily of nations, and as the people of possess. Mr. PENCE. Mr. Speaker, if the gen- Iraq, I believe, become more confident Mr. HOEKSTRA. Right. And we knew tleman would yield, I think that the in their own future and in the end of that he used these weapons, and so he statement that the gentleman just the dark days of Iraq and the regime had them at one time. The interesting made is extremely important. I think and the thugs that preceded this new thing about what Vice President Gore that statement should be highlighted Iraqi Governing Council and this new said in May of 2000, ‘‘We have made it and underscored and chiseled in a place government, more people will speak clear that it is our policy to see Sad- where every American can read it. and more daylight will shine, and we dam Hussein gone,’’ that became the As he said again here on Capitol Hill, will eventually find out what became official policy of the United States, Dr. David Kay, weapons inspector who of this program and its horrendously was to remove Saddam Hussein, not led the original effort after the war dangerous by-products. only because of the weapons of mass with the Iraqi survey group, he said Mr. HOEKSTRA. Mr. Speaker, during destruction, but because of the threat what he found was more dangerous much of the 1990s this was done on a bi- that he posed to his own people, to the than what they believed would be partisan basis, which is maybe dif- Middle East, and to the rest of the there. In terms of the establishment of ferent than what we see today; but here world. a diverse program of chemical and bio- is Vice President Gore talking on May We can go on and there are lots of logical weapons, as the gentleman has 23, 2000: ‘‘The classic challenges of war quotes by other folks who have talked with great particularity described, was and peace, of course, extend beyond about that. This morning we had the prepared in the event of the strictures Israel’s immediate neighborhoods to opportunity to meet with Dr. Kay being lifted, was prepared to produce Iraq and Iran. In 1991, I broke with again, the original head of the Iraqi large amounts of these types of weap- many in my own party and voted to use survey group, taking a look at exactly ons. force to stop Saddam Hussein’s aggres- what was going on in Iraq. He has said, Of course we found the nose cones on sion in the Middle East. I believe in bi- and I tend to agree with him after hav- missiles hollowed out just for the size partisanship most of all when our na- ing met with him a number of times of an inclusion of a vial of certain tional interests are at stake.’’ Going and after having gone to Iraq, we may types of agents that would have no on, he wants to build bipartisan bridges not find the weapons of mass destruc- other reason to be hollowed out as a to bring Democrats and Republicans tion. They may actually not be there. warhead in that way. We found these together in support of policies that But what he has said is take a look at munitions in large numbers. But David would promote what is in our Nation’s what was going on. He was developing Kay said that what we found was in best interest. the capability to go into quick produc- many respects more dangerous than As my colleague has gone through tion of weapons of mass destruction. what we expected to find. and read some of the quotes, there was He said I am not going to inventory Mr. HOEKSTRA. Mr. Speaker, I a bipartisan understanding about Iraq this stuff, but as soon as the U.N. in- think it is a very valuable debate to and the threat that it posed. Here spectors are gone, as soon as the sanc- have here in the United States about again is Al Gore, the Vice President, in tions are lifted, I will have the capa- what did we find versus what we ex- May of 2000: ‘‘Despite our swift victory bility that 3 to 6 months I will be able pected to find; and that will force us to and our efforts since, there is no doubt to produce all of the chemical or bio- seriously look at our intelligence capa- in my mind that Saddam Hussein still logical weapons I need, so why store bilities, what do we need to do to im- seeks to amass weapons of mass de- them. Get rid of the inspectors, develop prove our intelligence capabilities to struction. You know as well as I do the capability under what appear to be give us as policymakers better infor- that as long as Saddam Hussein stays legitimate purposes; but they are dual- mation on which to make decisions in in power, there can be no comprehen- use capabilities. I will use them to the future; and we will have that dis- sive peace for the people of Israel or make this, but just with the flip of a cussion and debate. The President is the people of the Middle East.’’ switch and fine-tuning, I can use those fully cooperating with the various Mr. PENCE. Mr. Speaker, a very to make weapons of mass destruction. commissions that are out there to do moving part of my trip to Baghdad was We know that he was developing those an investigation of the intelligence our meetings at the headquarters of capabilities. community. the Coalition Provisional Authority at There is evidence that he was doing 1545 Saddam Hussein’s palace. human testing to fine-tune the capa- b Mr. HOEKSTRA. One of many pal- bilities that he would have and the The Senate Intelligence Committee aces. weapons and products that he would is doing it, the House Permanent Se- Mr. PENCE. One of 100. It was the eventually produce. We know that he lect Committee on Intelligence is doing size of three or four resorts in Florida was doing research on UAVs, un- it. We all recognize that the intel- and twice as opulent. But across the manned aerial vehicles, potentially to ligence business is a very, very dif- street, there is a bunker underground be the means for delivering weapons of ficult business; that we do not get all hidden underneath what appears to be mass destruction. the information we would like to have; a garbage dump or a broken and de- We know that he was developing a that when we go into a place like Iraq stroyed building. It was three stories missile capability well beyond the au- or try to take a look at what is going underground. It was one of those so- thorized levels that had been estab- on in North Korea, Libya or Iran, as we phisticated bunkers we hear about; but lished by the U.N. So in all of these are trying to look in and figure out what was most provocative to me was areas, he was either moving his pro- what is going on, these folks are trying to learn that in that bunker was an gram forward secretly or moving them to hide and deceive us so that we do enormous financial investment in a beyond what the U.N. sanctions had not understand what is going on.

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.094 H11PT1 H1054 CONGRESSIONAL RECORD — HOUSE March 11, 2004 Mr. PENCE. If the gentleman will that is the straining of the gnat when ers, which the Bible records to be the yield, I would like to know why Presi- we ignore the elephant in the room. location of the Garden of Eden. At dent Bill Clinton got it wrong. I would The elephant in the room is the man Tallil Air Base, you can see essentially like to know why Vice President Gore and his regime were a weapon of mass a pyramid from 2100 B.C. that marks had the weapons of mass destruction destruction, terrorized and killed over the birthplace of Abraham, what was estimate for Iraq so wrong. And I do 1 million of his own people, had these known as Ur of the Chaldeans. It is a not say that in a partisan spirit, I say weapons and used them against his own place of incalculable historical value that because if, in fact, there were people in the past, and, as the gen- and significance, and the people reflect never any weapons of mass destruction tleman from Michigan says eloquently, that. following the time he used them most assuredly our conclusion that he But I have to tell the gentleman from against his own people in the early was a menace and threat was accurate. Michigan, Mr. Speaker, that I fell in 1990s, then there was an intelligence Mr. HOEKSTRA. Let us go to where love with the Iraqi people that I met. failure. But if it was, it truly was an the gentleman wanted to go today. I The two qualities of the people that I institutional failure; not, as some was in Iraq last year in August, I went met, and, again, it was only 60 or 70 would suggest, not associated with the back in September of last year, and regular Iraqis that we spent significant present administration, but associated then I was there 3 weeks ago. You were time with in the course of that week- with an institutional failure that, I there last week. If there is any ques- end, but the Iraqi people that I met will add one other point if the gen- tion about whether Saddam was an in- were highly literate, most of them tleman will permit me, was not just an strument of mass destruction, I think spoke functional English, which was intelligence failure of the U.S. intel- you and I were most touched when we helpful to me, and the two characteris- ligence failure, but it was, as I said at actually had the opportunity to talk to tics, there were three. Number one, the beginning, a world intelligence fail- the people of Iraq and their response. they were people who had very strong ure. Then you talk to the next group that opinions, which made me feel at home, The intelligence communities of has had the most interaction with the being from Indiana and the Midwest, as every one of our allies in the western Iraqi people on a personal level, and the gentleman from Michigan is. world, in this cause, and even many that is our troops. Then you talk to the We sat in a meeting, and, boy we who chose not to join us, France and policymakers and all of those kinds of heard it. Some people did not like how Germany and Russia’s intelligence things. we were spending money on construc- community, as their votes in the U.N. But the closer you get to the people tion, other people did not like how we Security Council support, all of them who were closest to Saddam, I think were investing in domestic security. came to the conclusion, unequivocally, my colleague will agree, that, by and But they had strong opinions, they that Saddam Hussein possessed biologi- large, the vast majority of those folks, were articulate, and they were rev- cal and chemical weapons. and I will admit and recognize that elling in the ability to express the Mr. HOEKSTRA. I get a little nerv- Iraq continues to be a very dangerous opinions for the first time in their life- ous talking about saying we got it place; there are people there who want times. wrong, because I have had the oppor- to kill our troops; there are people Mr. HOEKSTRA. I experienced some tunity, having served on the Perma- there who want to kill the Iraqis that of the same stuff when I met with the nent Select Committee on Intelligence are working towards building a new Iraqi people. You went right to where I now for 3 years, to have met a lot of Iraq; but for the average person in Iraq, was going. They are learning the abil- our men and women involved in this they are absolutely thrilled and thank- ity to speak out, because under Sad- process. ful that Saddam Hussein is gone. dam Hussein, if they had spoken out, The first thing we have to recognize Mr. PENCE. Apart from the inspira- they would be dead. So they are aggres- is they got a very important thing tion of meeting particularly Hoosiers sive, and sometimes you kind of say right, Saddam was a threat. It is not in uniform in Baghdad, the most in- look, you cannot say it that way or like we got into Iraq and it is like, spiring for me, and this picture gives whatever. But, wait a minute, they wow, there is nothing here; he was not evidence, was the opportunities we had have only had the opportunity to speak doing anything, he was just trying to a week ago to meet with ordinary out for the last 8 months. You are build the country for his people. He Iraqis, people working construction, right, they do not know everything was focused on delivering them quality men and women of various traditions, they have to do to be politically cor- healthcare, education. You guys got it and even various faiths. rect. all wrong. One of our meetings, and it may as- But what a wonderful experience for That is not the Saddam Hussein we tound some that could be looking in, them for the first time to be able to see and this is not the Saddam Hussein Mr. Speaker, is we had a meeting with speak out, to meet with Members of that his own people saw. They got it a Shia cleric, a Shiite Muslim politi- the U.S. Congress or of the Parliament right, that this guy had every intent of cian and the Catholic Bishop of Basra, from Britain or members from Spain, restarting a weapons of mass destruc- who walked in in full religious garb, but representative government, and for tion program, and we missed that he embraced the Shia cleric, as they obvi- the first time, to have the ability to changed his strategy, from stockpiling ously had great affection for one an- express their opinions and their vision to producing these things on demand. other, and then spoke of the religious for their own country and commu- So we got some of those things pluralism that was a tradition for over nities. wrong. 800 years in the communities of Basra Mr. PENCE. I thank the gentleman. But overall, the strategic analysis, in southeastern Iraq. That was evident. The reason I start because these men and women we have Mr. HOEKSTRA. What we forget is with that is to say this was not a group in our Intelligence Community, this is the rich tradition of Iraq. I do not of people that were handpicked to tell an art, and Saddam Hussein was a mas- know whether you have got it, but I four Congressmen what they wanted to ter at deceit, and we did not nec- have some things that have been post- hear. These people had some sharp el- essarily give our intel folks everything ed on the Internet by folks who re- bows. But when you would ask any they needed to figure it out. count the history of this part of the Iraqi, what do you think of our deci- Mr. PENCE. The gentleman has world. It is a rich cultural heritage, the sion, along with 33 other nations, to re- caught me in a little bit of a rhetorical cradle of civilization, and that is what move Saddam Hussein, they would stop joust, and it seems to me that those the people of Iraq want to be recog- in many cases, their eyes would well up who want to say we did not find what nized and remembered for. They want with tears, they would often grab us by would have amounted, if we were abso- to forget about the days of Saddam the hand, and, as one Shia cleric lutely correct, to a two-car garage load Hussein, because he robbed them of looked me in the eye and said through of biological and chemical weapons, it that great history and tradition. an interpreter, Saddam Hussein was a would not have filled more than that. Mr. PENCE. That is absolutely right. nightmare, and I quote, he said, be- But if we were wrong at the time, we Basra itself is just south of the conver- cause I will never forget it, he said, went to war that that did not exist, gence of the Euphrates and Tigris Riv- ‘‘The day you defeated Saddam Hussein

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.096 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1055 was like a dark curtain being lifted off at a USAID program, and some were PENCE), those folks will become tar- of the Iraqi people and the daylight attending a class on democracy. And gets. There are groups out there, this is shone in.’’ we just stopped, and I think you can still a very deadly environment, but The sense of gratitude among the see even from this poor reproduction the gentleman is absolutely right. Iraqis, not only leaders, but rank and the warmth with which I was greeted These people are going to be at the file folks that we met, was deeply mov- by regular Iraqis. leading edge of building a new country. ing to me as an American, and it was I share one anecdote. We walked into Mr. PENCE. Mr. Speaker, I thank the real and it was genuine. And I believe a classroom, they are holding these de- gentleman, because the point he just that from what they said, that among mocracy classes all over Iraq, and they made to me is a colossal one. The very the 10 million souls who call them- are probably at, what we would say in willingness of regular Iraqis to attend selves Iraqis, it is the dominant, over- the United States as a 5th grade level, democracy classes sponsored by the whelming opinion of the people, one of where they are teaching what it means United States Agency for International gratitude to the people of the United to live under a constitution, what the Development is an act of personal cour- States of America for ending a night- Bill of Rights are. We went into one of age. The day after we left Baghdad, lit- mare in their Nation. these classes. They are all adults. And erally a week ago, was the bloodiest Mr. HOEKSTRA. It is the same expe- I walked in, and, of course, was listen- day in Iraq since the end of the war. rience I had. In September I had the ing in for a time as they spoke in Ara- Four mosques were attacked in opportunity to spend a day with one of bic. Karbala and in Baghdad where we just my constituents who is kind of heading Then they rose and started to greet were. Nearly 300 Iraqis were killed; up the healthcare rebuilding in Iraq, me and a few other Members of Con- many more hundreds injured, and all of Jim Hoveman. I spent the day, and we gress. Several women wearing tradi- the mosques that were attacked, as the went through one of the facilities tional garb walked up. I said, ‘‘Do you gentleman alluded to, all the mosques where they are rebuilding an adminis- speak English?’’ They all said yes. that were attacked were clerics and trative building. They proceeded to share with me, and imams who were cooperating or under- Again, I am just kind of walking I have got them in my office, hand- stood to be cooperating with the tran- through the building, and I stopped and written poems about what democracy sition to democracy in Iraq. talked to two of the construction means to them. And on my Web site, One last point. The Iraqis that we workers. It was not long, and I had Mike.Spence.House.Gov you can see spoke to were rather incredulous that about 40 of them around me, kids, this picture, literally these women we were in any way surprised by the vi- maybe 18 years old, and then individ- handing this to me as if it were a new- olence. I will never forget the Iraqi who uals that were probably getting closer born infant, this poem, their hands lit- said to me, these people killed over a to 45 or 50. But they wanted to talk, erally shaking at excitement with the million of our countrymen to hold on and they wanted to ask questions. But idea of being able to be involved in rep- to power. Why does it seem surprising you could see the excitement that they resentative democracy as citizens. to your people that they would kill to felt, to have the opportunity to talk I close on this point. I looked them in get it back? with people, to express their views and the eye and I said, ‘‘You all are like the And I yield back. express their appreciation. founding generation of the United Mr. HOEKSTRA. Mr. Speaker, some Then we went to one of the hospitals. States of America. You are like the ask, are you winning the war on terror, The doctors and everybody focused fi- people that lived in 1776.’’ I said, ‘‘I and the level of violence in Iraq is nally on equality of healthcare, mean- envy you, because future generations something that we are very, very dis- ing it was going to be available all of Iraqis will look back at you and appointed in. But the gentleman is ab- across the country. In Basra, they did thank you for your courage and your solutely right. We should not be sur- not have much at all. This is a country success and your belief in a free fu- prised. There was a letter that we that spent like $1 per individual. ture.’’ intercepted and captured a couple of A couple of weeks ago, I had the op- weeks ago that clearly indicates we are portunity to be at the White House b 1600 making progress, because the letter in- where the First Lady introduced the And they all giggled with delight; dicates that, Hey, we need to kill program that they are going to do with they understood what I meant and were Americans and coalition forces; but Project Hope to build a highly tech- obviously thrilled with the comparison where we really now need to move to, nical state-of-the-art Children’s Hos- to our founding generation. because we know that they are being pital in Basra. Mr. HOEKSTRA. Mr. Speaker, I successful, we need to target Iraqis, ei- There is some debate as to whether thank the gentleman for yielding; and ther to discourage them from moving this hospital should be built or whether I think he has it exactly right, because forward to building a new Iraq, and to the money should be spent in a dif- we have to recognize how far these peo- try to create divisions between the Shi- ferent way. Again, we will have that ple have to go and where they are com- ites and the Sunnis and the Kurds and debate. But what it says is is it not ing from. I mean, whether it is in Af- try to incite civil war. The terrorist or- awesome that for the first time, rather ghanistan where they were under the ganizations and individuals who feel than seeing a high quality healthcare control of the Russians and the Taliban that they will be disenfranchised be- system that deteriorated for 30 years, for 12 years and their per capita income cause they are associated with the now there are people that are looking is $150, where they do not have the rule former regime will do just about any- at going into Iraq and creating a state- of law, they do not have police agencies thing to keep power, and that anything of-the-art children’s hospital so that in place, they do not have a judicial right now means that they will target not only all the kids from Iraq, but system in place, they do not have and kill Iraqis. that children from around the Middle transparent government agencies, so When we were there, we had the op- East will now go to Iraq for quality they have to go through that whole portunity to meet with 600, 500, 600 po- healthcare and special care for the building process and they have to learn lice cadets, and we went there because kids. about representative government. the week before we were there, again, Mr. PENCE. These are the stories, It is unrealistic for America, for Con- two bombings and over 100 either police Mr. Speaker, that are not being told. gress, or for anyone else to expect that recruits or policemen were killed. They These are the stories of compassion by July 1 they will be like us, that they are the first step in building a civil so- that are, however, reaching the Iraqi will fully understand representative ciety, keeping law and order on the people. They may not make it on government. That is going to take a streets. And we talked to them; we laid American broadcast television with tremendous amount of work; and we a wreath at the academy and spoke great frequency, but they are reaching are doing this work in a very difficult with them about how we were going to the hearts of the Iraqi people. You can environment, because there are still stand with them. Because we know see from this photograph, which is one folks there who, if they saw and could that these young men and women, men of literally dozens I returned with, identify the Iraqis that were meeting and women in their police academy, these men were construction workers with the gentleman from Indiana (Mr. the day they leave that academy, they

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.097 H11PT1 H1056 CONGRESSIONAL RECORD — HOUSE March 11, 2004 are going to go into an environment who had been jailed 12 times over 25 not where they would like it, it is not where the police are going to have a years, who now is heading up an orga- where we would like it. But at the end price on their head. But when we went nization to identify the fate of nearly of the day, they are glad we are here, through, and I mean the gentleman had 1.2 million Iraqi men, women, and boys they are glad Saddam is gone, and they the same experience with the folks and girls who are still missing, who are going to help us rebuild. They will that he saw, the first thing you did is were dragged from their homes because tell us great stories about interacting, you looked in their eyes. They were of the belief in their disloyalty to Sad- handing out books, rebuilding schools, glad that we were there. You looked in dam Hussein. No due process of law, no digging wells, cleaning up irrigation their face and there was a smile on trial of a jury of their peers, simply trenches, getting the power going, and their face. You heard what they had to dragged away, never to be heard from doing all of these things to help the say, and I think there was appreciation again. And that man, as I expressed my Iraqis on a personal level. in what they had to say. You shook appreciation for his courage, put his I think the gentleman from Indiana their hands, and it was a firm hand- hand over his heart and expressed his had an opportunity to meet with some shake. thanks to the people of the United of the troops, and I yield to my col- Something that I had not experi- States of America for ending the night- league. enced in my previous trips: when we mare, as he described it, of Saddam Mr. PENCE. We did, Mr. Speaker. As were at the police academy, after just Hussein. this picture attests, this is the gen- about every handshake and every Mr. HOEKSTRA. Mr. Speaker, let us tleman from Indiana (Mr. BURTON), thank you, they put their hand over take a look at a different layer, be- who led our delegation with great dis- their heart and then put it at their cause the gentleman and I know that tinction, and me with a number of Hoo- side. I said, What does that mean? I got when we are in Iraq, we do not get to siers in the Air Force at the air base it wrong; sometimes I would start with go to all of the places we would like to south of Baghdad. We were able to that. And they said, no, no, no, you end go. I mean, when I have been in Bagh- dine, as the gentleman from Michigan with that. What they said when they dad, it is kind of like there is a lot of did, with a number of men and women explained, they said, that demonstrates commerce, there is a lot of cars, the in uniform; and it was truly inspiring. the intensity and the sincerity with roads are busy, there is lots of people; As the gentleman suggested, Mr. which they are expressing their appre- and you want to just grab your driver Speaker, I just have to say that among ciation and their feelings to you for and say stop, let me out, and let me the Iraqis with whom I spoke when I being there. So we had six Members of spend the next half hour, hour just was in Baghdad and Basra, and among Congress who went to their academy walking down the streets and talking the soldiers, both British and Amer- and said, thank you, and as the gen- to the people of Iraq, because I want to ican, when I would bring up the subject tleman states, our chairman was very find out whether you are giving me the of weapons of mass destruction or the eloquent when he talked to them, say- straight scoop. I think I am getting lack thereof or the search therefore, ing that you are the generation that good input from the Iraqis, but are you people would be completely uninter- will create the foundation for a new selectively feeding me people that will ested. I remember speaking to an Iraq, and people will remember you be- only come with a smile on their face American intelligence officer who had cause of what you are doing and the and those kinds of things. been in charge of surveying a handful risks and the sacrifices that you may The gentleman and I have both had of the 270 mass graves that we found so take. I yield to the gentleman. the opportunity to talk to another far. And I looked him in the eye and I Mr. PENCE. Mr. Speaker, I thank the layer of people who have interacted said, What say you of the lack of weap- gentleman, and I thank him for that with the Iraqi people, and that is the ons of mass destruction? And he looked moving explanation. I can candidly tell American and coalition troops. When I at me and he looked down at his shoes the gentleman that I did not have the was there last time, I had the oppor- covered with sand, and he looked back presence to ask why almost every one tunity to have dinner with 10 soldiers at me with emotion in his eyes and he of the nearly 80 Iraqis that I met ended from Michigan, and my colleagues had said, sir, from what I have seen, we did every conversation like this; but I am dinner with 10 to 15 troops from their what needed to be done, whether we very moved to learn it on this blue car- States. So we are talking to 75, 80 ever find any of those kinds of weapons pet, that it meant this is the intensity troops. And then I also had the oppor- or not. And this was the attitude that of the gratitude and the feelings. But I tunity to talk to parents or spouses I got among our troops. I will say this can attest on this floor that virtually whose husbands or wives are over in without hesitation. every Iraqi with whom I spoke ended Iraq; and the American troops and the Having walked into the palace of with their hand on their heart, speak- coalition troops, they are the ones, the Saddam Hussein myself and walked ing to me as a member of the United ones that I met with. They are the ones into another one of his palaces and States. And I really believe, although that are patrolling the streets of Bagh- seen the opulence with which he in- intelligence estimates are that we are dad. Baghdad is divided into sectors, dulged himself and his cronies, and dealing with 1,000 to 2,000 insurgents, and the group that I had dinner with, then having walked through the left over thugs, imported terrorists, they are patrolling four segments. So ruination of Basra, which is a city with people that are doing the killing that you ask them and say, What are the 20 percent of the sewage capacity that is going on and purposing to do more, Iraqi people saying to you? And our it requires, with 50 percent of the elec- but this is 1,000 to 2,000 essentially troops, although I have not spoken to tricity it requires, 30 years of neglect criminals and terrorists in a country of all of them, so I cannot say all of the and repression, and the tyranny and 10 million. And I believe in my heart, troops, but the ones that I have spoken murder of over 1 million people, I am and I know the gentleman is my senior to have no doubt that we are there for going to agree strongly with that intel- in Congress and often cautions me the right reasons. ligence officer. We did what needed to about over generalizations, but I be- The gentleman from Indiana is right, be done in Iraq and we, as these sol- lieve in my heart if the Iraqi people they are not worried about whether we diers reflected again and again, and the could look the American people in the found weapons of mass destruction. gentleman from Michigan got this as eye and rise as one man or one woman, Again, they have heard the stories of well in his words, these soldiers know they would be standing with their hand the torture, the killings, the brutality we were on the side of the right in end- over their heart. they have seen, how Saddam took care ing the 30-year reign of a murderous The people of Iraq that I spoke to are of himself and did not take care of his dictator, Saddam Hussein. profoundly and overwhelmingly and own people. They know all of this stuff. Mr. HOEKSTRA. Mr. Speaker, I have emotionally grateful to the people of And they will tell us we are there for not had the opportunity to go to Basra, the United States of America, of Great the right reasons. The Iraqi people are but the gentleman from Indiana talked Britain and Spain and all of the 33 na- thrilled that we are there. The Iraqi about the Third World conditions. tions that freed them from this night- people are frustrated that some of the Again, I spent more time in the health mare of Saddam Hussein. I think of rebuilding is not going as quickly as care area in talking on a pretty regular particularly the moment where a man they would like it, that the security is basis with Mr. Haveman, talking about

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.099 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1057 what is going on there and what ex- Mr. HOEKSTRA. Mr. Speaker, I form that part of the world for our isted before. This is actually what the thank the gentleman from Indiana (Mr. children and grandchildren and for the first lady talked about when she was PENCE) for bringing it up. It reinforces children and grandchildren of the good talking about the new hospital we the amount of work that needs to be people of Iraq. want to build in Basra. Decades ago done there: Getting a constitution, es- Mr. HOEKSTRA. Mr. Speaker, there Iraq had one of the strongest systems. tablishing a law, getting the police is no doubt we are making progress. I But here are some of the stories. force in place, getting the judiciary, want to read a couple of quotes from a Mothers tell stories of watching their getting government institutions in speech that we heard in Libya. And if children die because doctors do not place, and then also practicing the art it becomes the role for the Middle East, have a small enough tube to give them of representative government. we will have made great progress. oxygen. When parents bring their chil- But there is no doubt that I believe Think about this quote. This is one of dren to the hospital, they must also the people of Iraq are thankful that we the Libyan parliamentarians. ‘‘I be- bring food, bedding and clothing, even are there, that we are making progress lieve God created man on this earth. their own blood supply. Under Saddam in that. And we have talked about the Therefore, they have natural needs and Hussein, one in eight children died be- people in Iraq that my colleague and I natural rights. These are not bestowed fore the age of 5. One in three was mal- have personally had the opportunity to by anyone else and they cannot be nourished. Infant and child mortality meet. We have talked about our second taken away by men.’’ This is in Libya. rates doubled in 10 years while low hand accounts that are told to us by Now, think if they move that that di- birth weights increased from 4.5 per- our troops who are interacting with rection. ‘‘Every person has the right to cent to 30 percent. Today, infant mor- the Iraqi folks on a daily basis. develop to their full potential to live in tality rates, and this is when the coali- Then there is one other level that I peace, security and prosperity.’’ ‘‘How tion came in, infant mortality rates in just want to get to before we run out of can you enslave people who are born Iraq are similar to those in much less time, and that is before I went to Iraq free?’’ developed countries in sub-Saharan Af- the last time we spent a day in Libya. There is something that is inside of rica. The prevalence of leukemia has And for those who do not believe that all of us that we recognize these types also increased dramatically in the past we are making progress in the war on of rights as being basic rights. And as decade and continues to grow at an terrorism, there are a lot of folks who we help bring those rights to Libya, as alarming rate. Children in the United are believing that we are not winning we help bring and foster those rights in States with leukemia have a 90 percent or making progress in the war on ter- Afghanistan and Iraq, we do not light survival rate. ror, or that we are not serious about it, the spark or the flame in these peoples, Muammar Qaddafi, Colonel Qaddafi be- b 1615 we give the flame the opportunity to lieves that we are making progress, grow and flourish. It is there. That is In Iraq, the rate is less than 10 per- that we are serious about winning this something that is in all of us, the right cent. Saddam took care of himself, his war on terrorism. to be free, to be secure. And what we family, and a core group of Baathists, The changes that have happened in are doing is we are giving them the but other than that, the country just Libya are dramatic, going from some- right to do that. But we also, at the totally slid. And those folks received body who had a weapons of mass de- same time, recognize the difficulty and very little health care, very few bene- struction program, a nuclear program also the number of people who want to fits from the government. all under development, all secret, to extinguish that flame and enslave Mr. Speaker, I will yield to my col- where we are today, fully exposing it, these people one more time just like league. telling us not only what he has, but Saddam did. Mr. PENCE. Mr. Speaker, I just re- how he got it and these types of things. With that, Mr. Speaker, I yield back member when my colleague first re- We do not fully understand exactly the balance of my time. I thank my turned from Baghdad, he shared with a why, but I do not doubt that there is colleague for joining me today. number of us, his colleagues, video some relationship to what we did in f footage of Baghdad as a bustling city, a Iraq and where we said we are going to very modern city, which it was. And be focusing on, a war on terrorism, fo- FURTHER MESSAGE FROM THE the reason we went to Basra the first cused on it like a laser, we are going to SENATE day was because Ambassador Bremer go after it, and however he got to A further message from the Senate and other officials were locked in where he is and however Libya got to by Mr. Monahan, one of its clerks, an- round-the-clock negotiations over the where they are today, we ought to be nounced that the Senate has passed a constitution. So they sent us as the thankful that in this element of the concurrent resolution of the following first delegation of American Congress- war of terrorism, we have made that title in which the concurrence of the men to Basra. much progress in a very short period of House is requested: I have to tell you that going from time. S. Con. Res. 98. Concurrent resolution pro- Basra, which is like a Third World Mr. PENCE. Mr. Speaker, I thank the viding for a conditional adjournment or re- country, I mean it is ravaged not by gentleman for yielding. This photo- cess of the Senate. war, it is ravaged by 30 years of neglect graph illustrates a brief meeting that f and tyranny by Saddam Hussein who we had with Ambassador Paul Bremer refused to, even though billions of dol- across the hallway from the negotia- THE PRESIDENT’S BUDGET lars were flowing from the Oil for Food tions over the constitution. My col- The SPEAKER pro tempore (Mr. program into his regime, and he was league spoke of the long work we have BISHOP of Utah). Under the Speaker’s building more and more palaces, these ahead. There is a new interim Con- announced policy of January 7, 2003, monuments to his own greatness with stitution, which is a radical document the gentleman from Florida (Mr. MEEK) marble floors and crystal chandeliers in the Middle East, people have basic is recognized for 60 minutes as the des- the size of minivans hanging from the Bill of Rights freedoms in this ancient ignee of the minority leader. hallway ceilings, but then go to Basra, land for the first time ever in their his- Mr. MEEK of Florida. Mr. Speaker, and there is ramshackle dirt buildings tory. In this picture actually appears Members of the House, once again it is falling down, roads in disrepair, sewers the draft of that interim constitution a wonderful day to be here in the House in disrepair, it demonstrated to me that Ambassador Bremer calls it. and share not only with my colleagues, that contrast more than anything be- If we will stay the course, not only but with American people, the issues tween the bustling city of Saddam Hus- will we see the changes and the repent- that are facing not only our economy sein to a city under the control of ance that we have seen of Colonel but our children’s future. Basra, the Shiite population, the men- Qaddafi, but I believe we are going to I guess I would have to start, since dacity of this regime and the self-in- see the transformation of the society of this is budget time and as we are here dulgence and evil of this regime letting Iraq as an Islamic country in their own on the floor simultaneously, the Com- so many people live in poverty while form of democracy and freedom and a mittee on the Budget is meeting to try they live in sinful opulence. society built on rights that will trans- to work out this $2.4 trillion budget

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.100 H11PT1 H1058 CONGRESSIONAL RECORD — HOUSE March 11, 2004 that the President has sent here to the manent, he speaks very passionately Now, the President is saying that the Hill. I must say to my colleagues that about making tax cuts permanent on tax cuts are going to help the economy. it is important on behalf of Americans, behalf of the most wealthy Americans. Well, I beg to differ. Because right now on behalf of working Americans, and Now, I think we can all be under the we are looking at a job loss of 3 million on behalf of individuals that are unem- umbrella as it relates to middle-class jobs, just under 3 million jobs. And he ployed in our country, that we make tax cuts, as it relates to child credit, as would have to go north of that number the right decisions not only for the fu- it relates to tax cuts that are helping to even be able to show an increase. So ture but for today. small businesses. But when you start since the Great Depression, no presi- I can tell you that I am very, very looking at the big tax cut for the dent like this one under his watch has concerned about the direction we are wealthiest Americans, I do mean the actually seen this kind of job loss. going in right now of Members just fol- individuals who are not knocking on And I think it is important that we lowing this White House with what the doors saying I need a tax cut, we take very close note to what this situa- they send us. We are trying to do the are giving it to them. And we are giv- tion is, not only to us as Americans, same thing with what they send us, as ing it to them at the detriment of our adult Americans, but to our children. we just rubber stamp it and send it education system. People talk about our children’s chil- through. We cannot allow that to hap- This points out Leaving No Child Be- dren. I think it is also important that pen. hind as an unfunded mandate to this article talks about we like to pass Under this budget, the reason we are States. I think it is very, very impor- things that sound good. in trouble today is it relates to just tant for us to remember that it is okay b 1630 under 3 million jobs that have been lost to talk about standards because that is and Americans out of work as we speak free. We can hand standards down to We want to pass clearer skies. I today. It is important for us to remem- State governments and they can hand doubt if there will be funding. We have ber that we still have a health care standards down to local school boards already passed the Leave No Child Be- plan that we have to put forth not only that will then impose them on chil- hind, which States are now saying that for Americans, but also to allow small dren. Nothing wrong with that under a the Federal government, as it rec- businesses to be able to provide a plan that is going to work. ommends, the Federal commitments, health care plan for Americans who do But that makes that very problem- we have done just that, we have left not have it. atic for hard-working teachers and for children behind. I will tell you right now for those students that are trying to achieve this We like to talk about the war on ter- that do have it, in many cases, their goal and for legislators that are trying ror. I must say the effort on terror be- contribution is so high and it is con- to put together a budget because cause wars are very costly, and I think tinuing to grow, it is just really get- States that do not have the luxury that it is very, very important that we re- ting out of hand. But being a creature we have here in Washington, D.C. member, and especially as it relates to of the State legislature, where I used where we will just put it on the charge my colleagues who were just on the card. We will forestall it off to another to be for some 8 years in the State of floor commending the President and generation or this generation to pay it Florida, I cannot help but stand here the justification on behalf of the whole later because we want to be the ice on behalf of State legislators through- Iraq experience, let me just say this, it cream and cake Congress, or ice cream out the country, Democrats and Repub- is important that we support our and cake administration. troops. Our troops are going to do what licans, Independents and non-party, At a time of war and at a time that members of the legislatures through- they are told to do. Rightfully so. The we are looking at the deficit that is, I Commander-in-Chief is the leader. But out this country need representation must say, $520 billion in change, that is here in the U.S. House of Representa- I will tell you that as Americans, we going to continue to happen or con- have to pay very close attention to tives. And also local government, non- tinue to roll out unless we stop this what one may do to take the attention partisan local government members, President now as it relates to his budg- off of the real agenda. partisan local government members et and do not make these tax cuts per- And I will tell you time after time need a voice here in the Capital and, manent. again, if you watch the President as he not only a voice, but they need action. Let me take an excerpt, Mr. Speaker, I will tell you I came to the floor this from this article today in the Wash- moves throughout the country and has afternoon just to share a few things ington Post. ‘‘The President’s budget press conferences and things of that with my colleagues so that they do not next year will increase the burdens to nature, we talk about standards. He think that this is just a Kendrick-Meek States $34 billion, according to the re- talks about standards. He talks about report. And there are a few Meeks out port made public in a news conference the fact that he is compassionate to- there that are a little disgruntled as it at the National Council of State Legis- wards seniors and veterans and all of relates to the President’s budget that lators in their winter leadership meet- the soft music that may be in the back- falls short of a good vision for our ing in Washington, D.C., accusing the ground as it relates to his speeches; but country. Federal Government of cost shifting. I will tell you in the real world that is Let me just make a case in point. I That is not just something that they not the case. We are leaving the could not help this morning when I are saying. It is for real. Accusing the troops’s children and their parents and knocked the dew off the paper here in Federal Government of cost shifting. their loved ones that are over there the Capital city, I could not help but Utah House Speaker Stevens, who is a with sand in their teeth in Iraq or Af- find that the National Association of Republican, I must add, president of ghanistan or in Haiti behind. State Legislatures, that I was a mem- the National Council of State Legisla- It is important that we have remem- ber of for 8 years, is a bipartisan group. tors said, ‘‘We have seen increases in ber and we look at the fine print here. That is, legislators come together to practice of these recent years, and we We have veterans that are waiting 3 make sure that States are not left be- are concerned that this is going to get months to get a prescription filled hind and that they are able to put forth worse.’’ through the VA. Now, I do not fault the the best government possible for their Let me tell you, ladies and gentle- good people who are trying to work particular State. men, there is no way in the world that with what they have at the VA. But I And I could not help but see this arti- State governments that are facing a wish that the President and I wish that cle that is on the Federal page of the $78 billion deficit across the country this Congress would move forth in this Washington Post today, and it says, are going to close that gap if we are budget to make sure that the VA can ‘‘President’s Unfunded Mandates Criti- thinking about the wealthiest Ameri- cut that in half. cized. Group says that States face huge cans. We cannot shore up the Social Concurrent receipt. I am so glad that bills.’’ Security trust fund and making sure my colleagues on the Democratic side Now, I want to make sure that the that we are able to provide Social Se- had enough gumption to be able to pull American people understand what I am curity, the promise that we made to so a bill up to this floor to allow a veteran talking about. When the President says many Americans, if we make these tax that is disabled, so they do not have a that he wants to make his tax cuts per- cuts permanent. veterans tax, of taxing them while they

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.102 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1059 are disabled and a veteran at the same tax cuts permanent and the more taxes it is very, very important that we re- time. This leadership is important. you pay, the more money you should member that as Members of Congress, I want to make sure that the Amer- get. That may sound good in a speech, that we stand on behalf of what is right ican people do not feel that this is but in reality, you have Americans re- for the country, not just because ad- some sort of partisan argument against ceiving on average somewhere maybe ministration and the Vice President the President. I will tell you individ- 50, $300 in rebate, and then you have comes here and he gets over here in the uals will have their opportunity to millionaires receiving thousands, hun- side room and the next thing you stand in judgment of this administra- dreds of thousands of dollars so that know, you have Members on the other tion in the coming months. But I will they can go on and do the things that aisle walking back in feeling very beat tell you this as Members of Congress, it they do, and it does not help the econ- down and, well, I guess I got to go here is very important that articles like omy whatsoever. and be with the home team. this where you have Republican mem- Job growth. Let us just talk about Well, the home team has gotten us bers of the State legislature saying that for a minute, because it is impor- into a 3 million job deficit, the largest that we are shifting the cost to them, tant since we have themed this special deficit in the history of the country and when we cut the Federal commit- order to talk about States, talk about and climbing. We have State legisla- ment, which when we give this huge counties, talk about local govern- tors that are saying, oh, my goodness, tax cut that has already been given to ments, talk about school boards, about they are shifting the burden over to us. the most wealthy Americans, that how the devolution of taxes will end up And this budget alone, the next year, there will be no money to respond to affecting every American’s life. Let us increased burdens will be on the States the States. talk about that for a minute. on top of what I am telling you right Now, how this works in the real The President said, hang in there. He now will be $34 billion. That is not world when you have $78 billion in def- was talking to some workers the other change. That is real money. icit throughout the country, then what day. Just hang in there a little longer. What is going to happen to you do the States do? Do they raise taxes? It will be okay. It is going to work American people that are working Nine times out of ten, they do not. itself out. I must beg to differ with the every day, that are taking care of your They increase fees. Your driver’s li- President, because I feel this is the family every day, that are doing all the cense costs a little bit more. For indi- sour milk scenario once again. Let us things that this country has asked you viduals that are in coastal States, reg- put it back in the refrigerator. Maybe to do to make us strong? Your chil- istration for your boat may go up a lit- it will be fresh tomorrow. We know it dren, they go to school every day. They tle bit more. For individuals that buy will not be. The evidence is not there are trying to make their lives better hunting licenses throughout this coun- to justify the economic backing of every day. They have hopes of going to try, sportsmen, they pay more for their what the President may feel as it re- college one day. But what we are doing hunting license because the wildlife of- lates to giving more tax cuts. here and what this administration, ficers or the wildlife commission, their My colleague, the gentleman from what the Bush administration is put- budget is going to be cut. So when that Texas (Mr. DELAY), on the other side of ting on this country right now is very, happens, what happens to the counties, the aisle, the Republican leader, last very unfortunate, and I am sorry to say our counties? They were just up here. year he said there is nothing better the it, dangerous economically. And our Well, the cities were up here and I am government can do, I am paraphrasing, democracy depends on a strong econ- going to get to them in a minute. than at a time of war than to give tax omy. Our counties were just up here re- cuts. Now, I will tell you that when the cently. And they were so very, very Cake and ice cream. States make their budgets, obviously, concerned. They are thinking that help We can not do that. We are supposed they have to look at cuts. Their com- is on the way, and that they are going to be the responsible ones. Members of mitment is going to cut to local gov- to get some sort of relief. They look to Congress who know better should do ernment. That means that the feeding the States for relief. The States are not better. And unless we stop marching in program in your local community is going to give them the dollars that lockstep, I must say on the Democratic going to probably end up reaching the they used to give them rightfully. So side that is not the case, but on the Re- ax. Here in the Federal, in this budget, what they should do so they can put publican side, there seems to be a sense we cut the COPS program, putting forth the function to be able to make of pride that we need to just kind of community police officers in commu- sure their residents, taxpaying Ameri- hide behind this administration saying nities to what? Prevent crime. Not re- cans, are able to have some level of that it is okay. But it is not okay. For spond to it, but prevent it. That is cut. government services, or some level of us to get to the top of where we were, You think the States are going to be police services or fire services, or I must adjust 31⁄2 years ago looking at able to pick up that burden? Of course homeland preparedness. surpluses, now we have the largest def- not. That is not going to happen. You icit in the history of the country. Then you look at programs as it re- make these tax cuts permanent for the How did we get here in such a short lates to your quality of life, parks and most wealthy Americans, this country time? Let us just give the tax cuts to recreations, that builds character in is going to continue to see what this the most wealthy individuals. Just put our communities throughout America. speaker said, the president of the Sen- it this way, 56 percent of the tax cuts What has going to happen there? ate of Utah said, that we are concerned under the Bush plan is to the most Maybe the summer program may not it is going to get worse. wealthy Americans. be there for your child. It does not So basically, if we do not listen to Now, I am not standing here saying I matter what community you live in. I the chairman of the National Con- do not like individuals who are able to am not talking about Chicago, even ference of State Legislators make his do the things they do, but these are the though that would be an issue. I am arguments, it is almost like this Con- wealthiest of the wealthy. And it is not talking about Los Angeles, even gress, Mr. Speaker, taking out a carton very, very important for those of us though that would be an issue. I am of milk and taking a smell of it and that are here and have the power to do not talking about just Miami and just saying, wow, it is spoiled. Let me put it so, bring about the kinds of change my district because the State commit- back in the refrigerator. Maybe it will that this country deserves. ment has been cut because the Federal be fresh tomorrow. We do know that is Now, let me just say as it relates to commitment has been cut to be able to not going to happen. the jobs, the 3 million jobs lost, the ad- allow tax breaks, permanent, on behalf I feel so bad for my colleagues that ministration has changed the forecast 3 of the most wealthy Americans. are ‘‘deficit hawks.’’ It must be very times. Well, we are going to be here by I am not just talking about those cit- difficult to come up with an argument this day. No, I am sorry. We will be ies. I am talking about Youngstown, of where we can kind of cut this deficit here by this day. No, we will be here by Ohio. I am talking about small cities in half. How can you do it when you this day, just to try to get some sort of like Ocala, Florida. I am talking about have got a President that is willing to goal that could be met. And it is just towns and villages that count on State say, let us make sure that we make the not adding up, and I will tell you that dollars to be able to help make and

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.104 H11PT1 H1060 CONGRESSIONAL RECORD — HOUSE March 11, 2004 provide the good services on behalf of Let us talk about what is happening that believes in middle-class tax cuts, their constituents. as relates to property taxes. Because of but as it relates to these wealthiest Let us talk about cities. Well, cities, our efforts here, or lack thereof, to Floridians, wealthiest Americans, that they count on counties. They counts on stop the Bush administration on this are celebrating, an administration that State governments. They count on the tax cut for the wealthiest Americans, stands up on behalf of giving them big Federal Government. The cities were we have a bad situation as it relates to tax cuts towards the detriment of local up here last week, which was quite in- being able to stop property taxes from government and Americans that are teresting, and I took the time to listen going up when we talk about local trying to work every day. So it is not to their arguments. And I will tell you commitment. What is happening as adding up. right now, the cities are very con- this devolution of taxation, as we con- I continue to see article after article cerned about the direction that we tinue to move down and putting these of failed attempts by this administra- have continued to head in. They want unfunded mandates on that the State tion to try to get this economy moving homeland dollars. We talk about home- legislatures are saying that we are, in the right direction. That is creating land security here in Washington. Yes, local communities have to raise taxes, jobs; that is not a jobless economy. it is a good thing. I am on the Select property taxes of home-owning Ameri- I will tell you, this one Member of Committee on Homeland Security. Yes, cans. Congress, along with several other that is a very important committee. Let me just share this with you. For Members on the Democratic side, we We have an appropriations sub- me to stand here as a Member of Con- are very concerned. Not only con- committee on homeland security. But gress, I have never raised taxes on the cerned, we are willing to take action, if let me tell you where the front line se- American people. When I was in the given the opportunity, to put this curity takes place. That is in our cities State legislature I never raised taxes country in the right direction. and that is in our counties and that is on Floridians. For us to be able to say Let us look at this, this ‘‘Deficit in in our small towns. And I will tell you in the county, well, we do not want to Trade,’’ New York Times today. It is right now they are hurting and they raise taxes, but I shared it with you not just me, a Kendrik Meek report. are feeling the pinch. earlier in my presentation that they This is a report, a reputable newspaper Now, you may, in a speech made by come in the form of fees, of increasing here in this country, ‘‘Deficit in Trade the President or by some Members on fees, need a new tag or hunting license Tops $43 Billion.’’ the other side, defending the Presi- or fishing license, things of that na- Let me just say this. We give the ad- dent’s policies of 3 years, of not really ture, this is kind of invisible what hap- ministration too much credit. We give a job growth. And then when you see a pens in local governments. You all of them too much credit; and I will tell job growth, it is about that big. And the sudden see the rate of your prop- you, I think on the Republican side, it then we start talking about trying to erty taxes go up because they have no is time to start asking the tough ques- get McDonald’s and Burger King to re- choice. tions. It is time to start taking some This is the last area to pass the buck, categorize to make it manufacturing action or the American people will city and county governments; and it is jobs to try to add on to say, okay, we stand in judgment of all of us, and very unfortunate, very unfortunate have a nice little stack there now of those that are willing to stand on be- that we put those local governments in jobs. Look what I have done. half of the American people, everyday that position. As we are up here in This is so very, very important that working Americans, not just the Washington speaking here on this we remember that we cannot allow this wealthiest Americans that are cele- floor, there are local governments to happen, what the President has put brating this tax cut and the President right now scratching their heads, won- forth in this budget of making these speaks so passionately about, you dering how they are going to meet a tax cuts permanent. would assume he would talk about, he Now, I think it is important as we budget, how are they going to be able would go and say, well, on behalf of No look at homeland security or home- to provide the services to Americans. Child Left Behind, we have to fully front security. We have police depart- So while we are putting $50, $200, $300 fund that. You would assume that this ments right now that need equipment. in a tax cut, they are taking $500, $600, We have already taken the COPS pro- $1,000 out of everyday Americans’ pock- President would knock down the door gram and snatched that rug out from ets as it relates to property taxes be- to try to fight on behalf of dollars to be under them, the most positive and ag- cause they do not have what we have. able to go to local governments and gressive program of preventing crime I am going to tell you I am very dis- provide teachers with the things that in this country in a very long time. appointed as it relates to this. It is they need to educate our children. Better yet, we speak passionately And because we have taken those dol- really bad to be a Member of the Con- lars away, police chiefs and sheriffs are gress and say you are a Member of the about making sure that we make the hurting. Right now they are responding 108th Congress that oversaw the largest tax cuts permanent, outsourcing jobs. to crime in many cases. They are not deficit in the history, not in recent Like I said, we cannot give the admin- preventing it. years, in the history of this democracy istration the credit or this Congress as of the Republic. I am so happy because some Members of this Congress as b 1645 I am glad that there is some sort of dif- though they are the authority and they I will tell you right now, I guarantee ference here as it relates to the budget have a good track record. There is no you I do not even have to take a poll. and how Members feel. good track record. If there was one, I I do not have to call CNN or MSNBC or We have a Republican and a Demo- would not be able to stand here on this any of the networks or the talking cratic side; and I will tell you, my col- House floor speaking to my colleagues, heads that are on 24 hours. And I guar- leagues on the Republican side, I feel speaking to the American people in the antee you, walk up to any American for them because for them to try to fig- way that I am speaking right now. and you can ask them this question: ure out how they are going to make an I can speak with great evidence and One, do you want to prevent crime or argument and not offend the adminis- great backing of how States are con- do you want crime to happen and be re- tration, I know that job is getting cerned about the direction that we are ported? And as we start looking at this more difficult every day; and it is so going in. How we are cutting the Fed- bad trend of the Bush administration very, very important we let the Amer- eral, I keep saying it, the Federal com- of fighting on behalf of the wealthiest ican people know how their local prop- mitment to local governments and cut- Americans, that is going to continue to erty taxes are being increased, how ting the Federal commitment to the happen. Crime will go up. Police chiefs their local police services are being de- American people. are going to have to work with what creased. Not because local government I will tell you, as we define in the they have on behalf of providing the is saying we want to cut community coming months, with this being an very safety that Americans deserve in policing. We are saying it because we election year, yes, people will do things big and large cities. So when we talk want to stand up on behalf of the that they ordinarily would not do; but about tax cuts and act like it is really wealthiest Americans. I will tell you one thing that has been not anything that affects Americans, it I will tell you this. I am very proud consistent. The fact that the President does. of the Democratic side of this Congress has said that these tax cuts to the

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.105 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1061 wealthiest Americans will help the lice officers that are out there making up here saying to me, well, we are so economy has not happened. Three mil- $30-something-thousand a year, car- delighted and we love you so much that lion jobs lost, that is a long way to go rying a weapon, protecting our commu- we want to give you health care that to say that you created something, and nities, protecting our highways. I used we cannot even have or afford. I do not I will tell you this. It is very, very im- to be a State trooper. I was a State think that was their message. portant, very, very important in this trooper in Florida for 5 years. I know What I am saying to my colleagues budget time that this Congress, not what it means not to have what you on the other side of the aisle is that just my friends on the Democratic side, need to have to be able to provide the this is important. And to those who are but my friends on the Republican side, protection that you raised your right either listening to me right now in it is time for some Members of this hand and said that you would do and their offices or have even made it back Congress to go see the wizard and get put the other one on the Bible. I will home, since we have finished business some courage on behalf of the Amer- tell you that it is important that we do this week, think about it over the ican people who allowed us to be a part not leave them behind. weekend, about what you have to do on of this Congress. So when we look at these efforts of behalf of those individuals at the air- Remember, Members of the 108th this White House to send a $2.4 trillion port when you get off that plane; think Congress here in this U.S. House and in budget to this Congress, that is making about that ticket agent that is there; the other body, history will reflect on tax cuts permanent on behalf of the think about that individual that is sit- the fact that we oversaw and the Re- wealthiest Floridians, I mean wealthi- ting there in that airport who is a de- publican-controlled Congress, I must est Americans and Floridians I must velopment representative on behalf of add, oversaw the largest deficit in the add, the wealthiest, not folks that are a small shoe company who needs history of this country that children just kind of, you have a good job, you health care and cannot afford it. Think will have to pay, that living Americans are making a family income of about about those individuals when we start will have to pay for a very, very, very $80,000 a year. We are not talking about standing in judgment of this budget. long time. that group. We are not talking about If we allow the wealthiest Americans I cannot help but get off of this the individuals that are making a little to receive a tax cut over good health wealthiest Americans getting this tax bit over $100,000. care on behalf of every day working cut that the President wants to make Americans, some that are traveling by b 1700 permanent. It just does not add up. car, some that are traveling by plane, With all the needs that we have, efforts We are not talking about those indi- some that are trying to make ends against terrorism, efforts to be able to viduals. We are not talking about those meet, it is really a travesty and a make sure that we provide or we talk individuals that are making under shame. We cannot give this Bush ad- about the terrorism, we talk about our $20,000 or $35,000 a year as a joint ministration the rubber stamp and con- troops, being able to have a good na- household income. We are talking tinue to allow them to move forth on tional defense, but how about those in- about individuals that are making hun- failed economic policies that are going dividuals that have served? How about dreds of thousands of dollars a year, to drive this country down, not up. those veterans? How about those indi- and who are celebrating a great rep- Much more has happened to the Amer- viduals that wore the uniform? How resentative in the White House right ican worker than for the American about those members of the American now, and that is the President of the worker, and we have to pay very close Legion? How about those individuals United States. attention to that. Let us not just that are out doing community service But do not take my word, just look watch the show, let us be a part of the like the Shriners and others that are at how it is presented. When the Presi- show and make it better on behalf of veterans in this country and they are dent starts talking about tax cuts, of the American worker. being stepped upon? course he does not say we need to make I would say now that the decisions They are being stepped upon because sure the wealthiest Americans receive that are coming out of this White they are being devalued as it relates to the tax cuts. But it is somewhere in House on the economic front are a the commitment that they should have the message. When you look at how it shame, and individuals should be em- from this White House. Yes, there are is playing out, the majority of the barrassed. People should be fired. We some Members of Congress that have money in his tax cuts go to the should be able to bring in a new team now said, okay, Mr. President, I am wealthiest Americans. So it is not like of strategists and advisers. But I do sorry, I know you want to fight on be- he is fighting on behalf of everyday take comfort in the fact that this is half of the wealthiest Americans; but working people and saying that we 2004, and in a few months Americans, we have these veterans and they are in want to provide that tax cut for you. will be able to make the kind of deci- my district, and we are going to have I talked earlier about the legislatures sion they need to make. to do something about it. and how they are feeling the pinch and I guarantee that when you do not Republicans came together with how they are passing that pinch on to have health care and you have to go to some very courageous Democrats that local government. But police officers an emergency room for that health put forth a bill. A Member from Flor- need equipment, and not only for care, or when you are a veteran and ida put forth a bill, but could not get it homeland security but they need equip- you have to go to a Veterans Hospital up under a Republican-controlled Con- ment to be able to provide safety in our to get some sort of assistance and you gress. Democrats came together to be local communities. are waiting 3 months to see the oph- able to provide that opportunity so Now, let us talk for a minute about thalmologist or the cardiologist, or that hopefully we can do some things health care. I mentioned that at the whatever the case may be, that is not about concurrent receipt, which is the top of my presentation here today be- a partisan issue. That is an issue of tax on veterans. fore this Congress. There is no health leadership. So whether you are a Dem- Remember I said earlier about how care plan, and there will not be any ocrat, an Independent, or a Republican, we pass it on in fees and different money for a health care plan if we whatever the case may be, there is a things that may take place, like delays make tax cuts permanent on behalf of lot of blame to go around. on being able to see an ophthalmol- the wealthiest Americans. Do not We will not be blamed on the Demo- ogist at a VA center, having backlogs think it will fall out of the sky. It will cratic side. I guarantee you we will not at VA centers continue to increase in- not happen. We cannot have cake and be jumping up and down on making stead of decrease, if we are really hon- ice cream and meet a commitment these tax cuts permanent on behalf of oring and standing towards the com- that we should make to the American the wealthiest Americans. I am just so mitment of Americans that have al- people. glad that God has allowed me to have lowed us to be able to celebrate the Yet we are able to provide a health enough breath in my body to come here very freedom that we live under and care plan that we here in this Congress and put this on the RECORD and to let breathe under today. celebrate. We have a health care plan Americans know that we should not Police officers, I cannot help but that is just really something else. But allow the wealthiest Americans these have a level of compassion towards po- I do not think my constituents sent me tax cuts. And I am not hating on them,

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.107 H11PT1 H1062 CONGRESSIONAL RECORD — HOUSE March 11, 2004 I am hating on the leadership of this those that have worn the uniform and care prescription drug plan, because country as it relates to the President who are entitled to the respect they there will not be one. There is not of the United States that keeps selling should receive, many of whom have enough money to be able to do it. to the American people that this is a lost limbs and have diseases that they And I do not even want to start about good thing. I just do not know how it cannot shake because they fought on what this Congress was told and about is. behalf of this country. They should not what happened afterwards. Millions of And I will say this right now. We be waiting 3 to 6 months to try to see dollars underforecast as relates to the need to stand up on behalf of those in- a doctor or to try to get some sort of plan that was passed. I do not even dividuals working every day and that specialty treatment at a VA Hospital. want to get into that. That is another have to stay healthy to be able to pro- The VA hospitals should not be clos- entire special order. But as far as com- vide health care and some sort of way ing, but they are closing, because we munity policing, we can begin to look of life on behalf of their families, men are about to take away their money. It to our local communities not pre- and women, some two-parent house- is already happening, only we are going venting crime but reporting crime. We holds, some one-parent households, and to make it permanent. So where is the had those days. We want to get away with their price of health care con- money going to come from? The Presi- from those days, but I think those day tinuing to rise, and the price of health dent is going to walk around and say will come back. care continuing to rise for small busi- we have cut taxes, we have made them Veterans. Veterans. Oh, my goodness, nesses, then we are standing up with permanent. Well, that sounds good. I am so glad this is an election year the President for the wealthiest Ameri- Taxes have been cut. But the reality of and that they are getting some level or cans. it is that the majority of Americans maybe a small response that is just I am sorry if someone is disappointed are not the ones that are receiving starting from this Bush administration because I am here speaking on behalf of this, 54 percent of the dollars in that because of the pressure and the reality everyday Americans. The people that tax cut. And it is little increments as of what they have to live under, not work in the Federal Government do relates to every day working Ameri- being able to receive the kind of health not have the kind of health care they cans, but huge tax cuts, in the hun- care that they need and waiting in need to have, and we need to fight on dreds and tens of thousands, to the lines. their behalf. We need to say no to the wealthiest Americans, who will receive Mr. Speaker, I close by saying this: I President as relates to providing tax and continue to receive as far as the go back to the Washington Post today. cuts to the wealthiest Americans. I am eye can see. State government leaders. The Utah going to keep saying it, and I think But we are here talking about where Speaker of the House, Mr. Stevens, said that Members of this Congress should are we going to be able to provide af- that ‘‘we have seen an increase in that keep saying it. fordable health care, talking about practice in recent years and we are I am trying to make the job easier on why we cannot stop property taxes concerned this is going to get worse.’’ behalf of my friends on the Republican going up. If there is a local school or That is what the evidence shows. That side that want to say it but cannot say bond question on the ballot in your is what will continue to happen if this it. And the reason why they cannot say State’s primary, or a question on the House allows this President to make it is that they will fall out of step with ballot as relates to a local election, it these tax cuts permanent on behalf of the administration. I have seen it. It is not because the school board failed the wealthiest Americans. State governments, brace yourself. has been all over the papers, the kind you, it is not because the county gov- Local communities, brace yourself. of pressure that this administration ernment failed you, it is not because of put on good Members of Congress who Property owners, brace yourself. Hunt- the school boards that are operated by are trying to make good decisions on ers and sportsmen alike, and sports- the city, it is not because the city has behalf of their constituents. It is well women, brace yourself. Brace yourself failed you, it is not because the State documented. This is not the Kendrick- because you will be paying the price has failed you. It is because the Presi- Meek Report, this is the report of the because we want to fight on behalf of dent of the United States thought it reality of what is going on in this Cap- the few. We want to make sure individ- was important to make sure that we ital city. uals that live in gated communities We should not stand by and allow provide a tax cut, and to make it per- and who burn a full tank of gas getting this to happen, and I do mean those of manent, I must add, on behalf of the to their front door get their tax cut. us who are carrying 108th Congress vot- wealthiest Americans. On behalf of the Democratic side, and As I close, I just want to say that, ing cards. We should not allow this on behalf of some Republicans that are President to continue to make deci- and this is important, that these tax thinking in their mind that they want sions and give him credit where credit cuts for the wealthiest Americans have to be able to say something, not only is not deserved, based on the report of nothing to do with the effort against say something but want to vote this administration and the fact they terrorism. It has nothing to do with it. against some of this stuff that the have not been able to create positive Nothing patriotic about giving tax cuts President is putting down, I am asking job creation since the President has to the wealthiest Americans. I did not this Congress does not continue to fol- been President. Just short of 3 million see a millionaire or a billionaire com- low this President down a track of con- jobs. ing to my office saying, Congressman, I tinuing not only to outsource jobs, but Some say we are on our way up. Well, sure need you to fight on my behalf. I continuing to put this country in eco- three million is a long way to go. Try want you to make these tax cuts per- nomic jeopardy. to tell that to an individual whose un- manent. I have a problem with us knocking on employment has ran out and they can- You know the reason why they are the bank of China saying we need not find a job. Meanwhile, we have a not coming to my office saying that? money to pay down money on the larg- President who thinks and who is talk- Because they cannot look at me est deficit under our watch. Something ing about, oh, it is good to send jobs straight in the eye, nor can they look is fundamentally wrong with that. And overseas. at the American people straight in the you can talk about Democrat-Repub- So while we are here fighting, and eye and say that. But this President, lican, but the reality is there was a the majority, I must add, I am hoping and you need to check it for yourself, surplus until President Bush took the that we can get them to really think this President goes flying around, White House, then all of a sudden we the way they want to think and act the burning all kinds of Federal jet fuel, have record deficits. We have red lines way they want to act and saying no to talking about it is important that we that are running deep you can lose con- the President of the United States; make it permanent. He leans on the po- sciousness. that we will not allow this to happen. dium carrying on and looking and I think it is important, my col- Because the Social Security Trust winking and all that kind of stuff, and leagues, as we take this recess over the Fund will never be resolved and it will that is good for the television, but in weekend that we come clean with the be going down into deficits. reality, he is telling us to forget about American people about what is to We believe in community policing, a health care plan because there is not come. I hope and pray on behalf of vet- we believe in providing health care for one. We can forget about a good Medi- erans that we do better by them.

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.108 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1063 I pray on behalf of children, who are have important things about Medicare when they are talking about the fact trying to rise up to the standards that that we need to communicate to the that we have increased over double have been set by this administration American people, and I will do that what they funded education at during without the resources in this budget this afternoon also. If we get a chance, their tenure. that will be able to respond to the we will talk about the concurrent re- The most egregious example of needs of every day teachers and admin- ceipts issue, an issue of fairness for our Democrats misusing facts is when they istrators that are working to be able to veterans that this Congress, under Re- send our constituents in to say we are make sure that they can provide an en- publican control, took care of. It had not funding IDEA, the Individuals with vironment and also be able to put forth been a problem since 1892 when the bill Disabilities Education Act; and yet the an education system that is going to was passed that disallowed concurrent facts tell us that traditionally from the help our children learn, outside of just receipts. The Democrats continue to very onset of IDEA, the funding was having test centers and having rhetoric say that we have not taken care of our around $1 billion. Finally after about 30 out there, these one-liners talking veterans, and yet we took care of that years, under President Clinton the about how we have raised standards. concurrent receipts issue, which was a funding increased from $1 billion to $2 I hope and I pray that Members of problem during the entire time of the billion; yet in the time that President Congress stand on behalf, and espe- 40 years of uninterrupted power that Bush has been in office, funding has in- cially on the majority party, because the Democrats held in this Congress creased from $2 billion to over $11 bil- on the Democratic side I know where and they refused to take care of it. lion. we stand, but I am hoping and praying They refused to hear the bill, refused Mr. Speaker, I think that we need to that someone, some Member stands up to get it out of committee, and now tell the American people the truth. The and gets other Members on the Repub- they are claiming that we did not do greatest thing that I see No Child Left lican side to say no to the President of that. The facts speak differently. Behind doing is that it allows local the United States; I do not care if it is Mr. Speaker, returning to my edu- flexibility and local control. Local an election year or not, Mr. President, cation issue first, Roswell High School, school districts are given four different you will not make tax cuts permanent New Mexico, is in my district. They re- income streams where they can move on behalf of the wealthiest Americans. cently have been named as one of 12 money back and forth between pro- grams. They are given the flexibility to And not just because we do not want breakthrough high schools in the Na- direct money where it belongs. you to, but because the Republic de- tion by the National Association of Secondary School Principals, the If a school is failing, increased re- pends on the very resources you are sources are sent to that school for willing to give away to individuals who NASSP. The breakthrough high schools project identifies and show- mentorship, 101 training, or whatever do not even need it, and which will pro- it takes to get each individual student vide for health care, for Social Secu- cases exemplary high schools which have met the challenges of low-income, up to par. One of the most important rity, for a prescription drug plan that aspects of No Child Left Behind is right actually is a plan on behalf of the high-minority student populations, which describes my district. It de- now there are over 150 school districts American people and that will drive nationwide who have 100 percent con- costs down, and which will also make scribes some of the most desperately needy high schools in the Nation. That trol over the education dollars that go sure that we have police officers in our to their school from the Federal Gov- communities that are going to prevent is the reason No Child Left Behind was put into place. It causes our school sys- ernment. crime and not report it. We think that if the local school tems to acknowledge the difficulties of board will make decisions, if the local f teaching the low-income, high-minor- school board is responsible for the edu- b 1715 ity student populations because they cation of their children, if we take edu- are the ones that are being left behind. ISSUES FACING CONGRESS Roswell High School’s success is one cation out of the hands of Washington bureaucrats, if we take Washington out The SPEAKER pro tempore (Mr. of the best examples of school turn- of the hands of the State bureaucrats BISHOP of Utah). Under the Speaker’s around that I personally have seen. No that local school boards and local ad- announced policy of January 7, 2003, Child Left Behind gives schools the re- ministrators and teachers will solve the gentleman from Texas (Mr. BUR- sources, the flexibility and local con- the problem. GESS) is recognized for 60 minutes. trol to make great changes. I am both The No Child Left Behind Act begins Mr. BURGESS. Mr. Speaker, I excited and proud to talk about that process of giving local autonomy thought we would finish up this week Roswell High School and its principal, and local control. I think that Michael touching on several issues. We just Mike Kakuska from the floor of this Kakuska and Roswell High School are heard about a lot of issues from the House. Mike Kakuska is my hero. He is the best examples in my district of other side of the aisle; and I have sev- the one who deals with young people on what No Child Left Behind can do, and eral things that I want to address, and a day-to-day basis, encourages them to I commend them for that. the gentleman from New Mexico (Mr. do better, convincing them that they Mr. Speaker, I will speak later on PEARCE) is here to speak as well. I want can do better, all of the while making about taxes, Medicare, and a few other to speak on the reauthorization of the progress in his school. His comment is issues. transportation bill that we will be tak- that we have a credo here: dinosaurs Mr. BURGESS. Mr. Speaker, we will ing up in the latter weeks of this disappeared because they did not transition from the part of the infra- month. I want to talk a little bit about change. If something does not work, we structure in our communities that is where we stand on fighting and win- change it. The education system in responsible for education to the part of ning the war on terror, and I would America has not been working. We the infrastructure in our communities like to finish up with a discussion were leaving too many children behind, that allows us to get to schools. I am about retooling Medicare and debunk- and simply the title of the bill says it talking about our transportation infra- ing some of the myths that we have best. Let us stop leaving kids behind structure. heard expressed on the floor of this because it is the poorer and Mr. Speaker, in regards to transpor- House this week. disenfranchised who never will have an tation, we are at a crossroads in this Mr. Speaker, I yield to the gentleman opportunity to go to a different school. country. We are at the intersection of from New Mexico (Mr. PEARCE) to No Child Left Behind has channeled the demands for creating the type of speak on his part of the discussion. tremendously increased resources at infrastructure that will facilitate com- Mr. PEARCE. Mr. Speaker, first of education. When President Bush came merce and move our citizenry and try- all, I would like to talk about edu- to office, the expenditure from a Fed- ing to achieve some type of rational cation and an exciting thing that is oc- eral level was about $27 billion on edu- spending limit within our Federal curring in my district. cation. That number is over $50 billion budget. I would also address some of the eco- now and increasing. Yet we are told by Back home in my area of north nomic factors that this Nation has the Democrats that we are under- Texas, we face a silent crisis. This cri- faced and will continue to face. We funding education when they know, sis is largely unrecognized by residents

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.109 H11PT1 H1064 CONGRESSIONAL RECORD — HOUSE March 11, 2004 until they find themselves in an un- needed substantial improvement. By concept in the final reauthorization bearable commute to work, or unable streamlining the design-build process legislation. More funding and flexi- to make the necessary connections be- on that project, Interstate 15 was com- bility, which allow for an increase in tween home, work and other activities pleted ahead of schedule and under- efficiency, will equate to better roads, in their daily lives. My area of north budget and available for individuals better bridges, and better transit facili- Texas has experienced an increase in traveling to the Winter Olympics that ties. traffic over the past 3 decades which is year. Logically following from that, we can the result of unprecedented population Similarly in north Texas, the Dallas expect less congestion, improved safe- and employment growth. Added to this Area Rapid Transit System worked ty, as well as the economic value of in- is the underinvestment of Federal within their budget last year and actu- creased commercial transportation. transportation dollars to my area. ally returned over $20 million in tran- b 1730 Mr. Speaker, the time is now to sit funding to the Federal Government. I remain committed to working with make the necessary investments in our Unfortunately, there are examples of Federal, State and local officials dur- transportation infrastructure. In transportation projects which are not ing this reauthorization year to ad- Texas, our transportation needs out- carefully managed; and as a result, tax- dress the long-term needs, not just of strip available funding three to one, payer dollars are not wisely spent. my district, not just of my State, but and these are not trivial funding needs, The Ted Williams Tunnel, the central of the country at large. We need to en- these relate to supporting inter- artery project in Boston, Massachu- sure that our Federal Government setts, the project known as the Big national trade, streamlining the envi- wisely spends the taxpayer dollars on Dig, is the poster child for inefficient ronmental process, and expanding in- transportation infrastructure. We need Federal spending on a transportation novative financing techniques. to do our work. We need to produce a Handling taxpayers’ dollars with care project. bill which adequately provides for our is one of our highest callings here in The GAO has estimated that for fis- economic security, creates and sus- the House of Representatives. That ob- cal years 1998 through 2001, the high- tains jobs, enhances safety and con- ligation is enshrined in the Constitu- way trust fund account lost over $6 bil- tinues to improve mobility for our Na- lion because of the ethanol tax exemp- tion. Our charge as congressional rep- tion’s citizens. resentatives is to protect dollars taken tion and the general fund transfer. I think a worthwhile goal, Mr. from the taxpayer by streamlining and Using the Department of Treasury’s Speaker, would be to allow Americans improving activities of the Federal projections of gasohol tax receipts, the to spend as much time in family dis- Government, not just to simply spend General Accounting Office has esti- cussions at the dinner table as they and dispose of those dollars. mated that the highway trust fund ac- currently spend simply trying to get Sadly, when Federal dollars are not count will not collect $13 billion be- home. handled with care, important Federal cause of the tax exemption from fiscal I yield back to my friend from New programs such as our transportation years 2002 through 2012. There is an al- Mexico. programs find themselves being hurt most $7 million shortfall from the gen- Mr. PEARCE. I thank the gentleman and neglected. Last year shortly after eral fund transfer between the same from Texas. my election to my first term in Con- years. Mr. Speaker, right now we have Na- gress, I was very fortunate to be chosen Prior to the last reauthorization bill tional Guard members in Iraq who are a member of the House Committee on in 1998, the highway trust fund earned defending not only the freedom of this Transportation and Infrastructure. interest on its balance which was paid Nation in fighting back in the war on I wanted to be sure that the United by the general fund. If the highway terror that began on 9/11 in this coun- States Department of Transportation trust fund had continued to earn inter- try, Mr. Speaker, but those National was ensuring the most efficient busi- est on its balance, the United States Guard troops are serving and putting ness practices within the agency. I re- Department of Treasury estimates that their lives on the line. And that is not quested and had a meeting with the De- the highway trust fund would have re- new. Our National Guard has been partment of Transportation Inspector alized about $4 billion from September doing that throughout our history. General, Mr. Kenneth Mead. We dis- 1999 through February 2002. In World War II at Omaha Beach, cussed the business practices of the Mr. Speaker, between modifying the some of the greatest casualties oc- agency and how Congress could better Department of Transportation’s prac- curred in the Virginia National Guard. facilitate removing inappropriate ex- tices with State and local governments Members of my own New Mexico Na- penditures in relationship to transpor- and reevaluating the true purposes of tional Guard in World War II were in tation spending. the highway trust fund, I believe we the Pacific. They made a thing called Mr. Speaker, the Department of can work together to ensure that the the Bataan Death March. I have known Transportation has not changed the Federal Government is more effective about that event throughout my entire way the agency disburses transpor- and efficient for the American tax- life because I had next-door neighbors tation funding to State and local enti- payer, and we have more dollars to who were on the Bataan Death March. ties since President Eisenhower was in spend on needed transportation It was not until I went to the New Mex- office. The Inspector General rec- projects. ico House of Representatives that I ommended that if one cent had been If we are unwilling to make the mon- began to understand why we had so saved out of every dollar spent over the etary investment and the necessary many of those, and that is because the last 10 years in transportation pro- policy changes, then I am afraid our vi- New Mexico National Guard was acti- grams, the Department of Transpor- sion for our Nation’s highways will be vated, sent there, they did their duty tation would have had an initial $5 bil- of a congestion-bound commuter sit- and many of them died. lion to spend. That is $5 billion. That ting in a traffic jam literally watching It is with this backdrop that I was would equate to the amount of funding the bridges and roadways crumble be- profoundly disappointed several weeks needed for four of the 11 major trans- fore their very eyes. ago when Terry McAuliffe, the chair- portation projects currently under way There are policies that we could put man of the Democratic National Com- in this country. Clearly, greater effi- into this year’s reauthorization bill mittee, said President Bush served in ciency within the Department of which would have a dramatic impact the National Guard, but never served Transportation could have an enor- on the efficiency with which our high- in our military and our country. mous impact on more efficiently spend- way dollars are spent. I believe we need I will tell you, those comments are so ing taxpayer dollars. to have policies included which will demeaning to the people who served in The Inspector General shared with allow States the flexibility to complete our National Guard that I was offended me examples of how transportation large projects in less time and con- and asked for an apology. I am now projects could be used as examples or sequently save money. Streamlining asking that the chairman of that com- models of government efficiency. In the design-build process, as was done mittee would resign over his comments the State of Utah in the preparation with Interstate 15 in Utah, will achieve that detract from the service of all of for the Winter Olympics, Interstate 15 this goal; and I seek inclusion of this our National Guard Members.

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.111 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1065 I came to the floor of this House sev- that it was indeed signed. All 25 mem- harm innocent Afghani citizens, cer- eral weeks ago to talk about the rhet- bers of the Iraqi Governing Council tainly bring harm to our troops. oric that was starting in the campaign, signed the Constitution. There was no This was an individual who was and just earlier today we saw a report change in verbiage that occurred be- sought by the coalition forces in Af- from the leading Democrat contender tween Friday and Monday. Whatever ghanistan. He thought he was rel- for President where he referred to the differences there were worked out with atively immune from prosecution, liv- ‘‘crooks and liars on the other side.’’ I a concept of compromise that is appar- ing high on a steep mountainside. He will tell you as a Republican, I will say ently a new concept in the country, the was visited by some of our forces. that his comments were unfounded, free country of Iraq. Then, to bring him to justice, they they were extremist and they have no The signing of that Constitution was landed half a helicopter on his house. basis in fact. such a big event that sometimes some- You can see his campfire still burning He has already turned down a de- thing happens that is so big it almost down there. He was brought up to the mand for an apology. I do not think he gets lost and you almost do not realize roof and loaded into the back of the will do that, because I do not think he how big it was and how much that helicopter. is a large enough person to do it. But I means, not just for that area of the Think of the effort involved in the am profoundly disappointed by the world, but for our country. Maybe not capture and containment of that indi- comments from the Democrat can- for people in our lifetimes, but cer- vidual. I do not recall whether that was didate for the office of President. tainly in our children’s lifetimes, they a Taliban or al Qaeda or simply a war- I yield to the gentleman from Texas are going to see a world markedly dif- lord that they were attempting to for the next segment. ferent because of the work that has bring to justice, but it was quite a star- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gone on in that country, really for not tling turn of events for that man that The SPEAKER pro tempore (Mr. quite a year’s time. I believe next week morning when half of that helicopter BISHOP of Utah). The Chair would re- will be the one year anniversary of the landed on his roof to bring him back to mind Members not to make personal beginning of Operation Iraqi Freedom. meet whatever fate awaited him. references to Members of the Senate, Certainly the press in Iraq was I cannot tell the gentleman from New even if not by name, including can- amazed by the fact that they had come Mexico how glad I am that he brought didates for the presidency. this far to craft an interim Constitu- up the service of the National Guard in Mr. BURGESS. Mr. Speaker, I thank tion, the fact that it had happened this this country. When I was in Iraq and my friend for yielding. quickly. Certainly they have got an ag- we spoke to the General of the Fourth Mr. Speaker, I heard those same com- gressive task ahead of them in Iraq in Infantry Division, General Odierno, the ments last night when I was working getting approval for this interim Con- division that captured Saddam Hus- late in my office, and I, too, took of- stitution, but Ambassador Bremer em- sein, he said under his control, I cannot fense at those. I was reminded that the phasized this was indeed a revolu- say numbers, but there were a substan- founder of our party, Abraham Lincoln, tionary concept in the country of Iraq. tial number of Guard and Reserve said that if a man asserts something to They are going to be governed under under his command, and he said, ‘‘I be true, even if he does not know the rule of law, which is a new concept cannot tell you at this point who is whether it is true or false, that man is for them. Guard and who is regular Army. They in fact himself guilty of a falsehood. They have a robust component of in- are all the same in my eyes.’’ When an individual refers to all mem- dividual rights built within that Con- As the father of a young man in the bers of this Republican side of the aisle stitution. I believe, if I am not mis- Air National Guard back in Texas, I and this body as crooks and liars, I as- taken, there is a provision that 25 per- thank the gentleman from New Mexico sert that that that man is in fact him- cent of the elected representatives in for bringing up the valor of their serv- self guilty of a falsehood, and then that country will now be women, a ice, not just in this conflict, but thereby becomes that which he con- marked change from what they were throughout the history of this country. demns. looking at before. They will have an Mr. PEARCE. I thank the gentleman I join with my friend from New Mex- independent judiciary. They will have for yielding. As I look at that picture, ico in asking for an apology from this majority rule, but the rights of the mi- I wonder about the person that is tak- individual. I think it is only proper nority will be protected. There is a ing the picture. That is a stunning shot that he do so. commitment to democratic principles. from high up in the mountains there, Since the gentleman was talking There is freedom of religion, but there taken at the moment of impact, and it about the service of our troops and our is also freedom to practice religion as a just expresses in detail the fine job National Guard overseas, let us also person sees fit. that our troops are doing. think about our success in the war on All of these are enormous concepts At the end of October of last year, terror. We must remember that our that have been crafted, again, in a rel- October 31, November 1 and 2, I was in President, our leader, George Bush, led atively short period of time in an area Iraq. I visited with our troops to find us into this battle, and in fact if a of the world that has not known much out what their attitudes were. I can Member of the other body had been in freedom for the last 20 or 30 years. tell you that every single troop I vis- control, Saddam Hussein would still be I was in Iraq just a little over 2 ited with, both from New Mexico and the dictator in Iraq, brutalizing and weeks ago. In fact, we heard on the from outside New Mexico, they all be- terrorizing his people. The President floor of this House earlier this week lieved in what they were doing, they and the Republican-led Congress are some criticism of the administration were highly motivated, well trained winning the war on terror and bringing because there is no capture of Osama and doing great work. the light of democracy to all corners of bin Laden yet, and that the effort was Their one comment was, ‘‘Why do the the world. diverted by what was going on in Iraq. people in America not find out the Just this morning on a conference Well, I also visited the country of Af- good things we are doing?’’ I cannot call with Ambassador Bremer in Bagh- ghanistan and the country of Pakistan. tell them why the news will not cover dad, he talked about the signing of the I met with both President Musharraf the good things that are going on in Iraqi Constitution that took place ear- and President Karzai respectively in Iraq, the very positive rebuilding ef- lier this week. In fact, it was not quite those countries. forts, the winning over of the hearts a week ago that all parties were gath- I want to share with this House a pic- and minds of the Iraqi people, but I can ered to sign the Constitution, but it did ture which was given to me by General tell you that those soldiers know about not happen last Friday. Austin of the 10th Mountain Division it. They see firsthand that people in Of course, we saw that reported rath- out of Fort Drum, New York. This is a the neighborhoods who have been told er generously in the newspapers, that picture where I think one picture their entire lives, for 35 years under the signing of the Constitution did not worth 1,000 words, probably so. This Saddam Hussein, that Americans are occur at the time that it was supposed picture demonstrates the degree to evil and will be coming there to hurt to. We did not read that much about its which our soldiers are going to cap- them, and as the Iraqis find that not to signing on Monday, other than the fact ture, contain and kill those who would be true, they bring their kids out in

VerDate jul 14 2003 00:59 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.112 H11PT1 H1066 CONGRESSIONAL RECORD — HOUSE March 11, 2004 the streets and hold them up to see the omy and over 2,000 lives in one day. tourism. The members of those unions Americans eyeball-to-eyeball, and that When people worry about the cost of in that meeting told the Democrats, we is touching the lives of the young men the war, I would just remind them, yes, do not want jobs in hotels; we want our and women from New Mexico serving it is extremely expensive. War is never good, high-paying jobs in the timber there. I compliment our troops for the inexpensive. It is at almost $200 billion industry back. fine job that they are doing. right now. But I will tell my colleagues Many times we fail to account for the But our reconstruction efforts are that $2 trillion in one day is over 10 jobs that are sent overseas by the regu- going well. We have about 75 percent of times the total cost up to now of the lations that we impose as a govern- Iraq is fairly stable. About 25 percent is war. ment. I think that it is an important unstable. But I visited also with Gen- Mr. Speaker, 9–11 set our economy consideration in the job loss for this eral Odierno. That was before we cap- back yet a second time into a little bit country, because I know that our com- tured Saddam Hussein. He told me, different and deeper recession. Finally, panies would rather stay here and com- ‘‘My troops have stepped on his tail a we are just about to come out of that pete as long as they can. couple of times and we missed him.’’ when the Enron, Global Crossing, the Mr. Speaker, I yield back to the gen- He said, ‘‘It is going to be my people to WorldCom collapses began to occur and tleman from Texas (Mr. BURGESS) be- capture him,’’ and the gentleman from people started taking their money out fore I go into my next discussion. I Texas (Mr. BURGESS) pointed out it was of the stock market. That was a deeper would ask him to let me know when we the troops under General Odierno that shock still to the economy, causing an would like to yield back the floor. captured Saddam Hussein. interruption in the confidence of the Mr. BURGESS. Mr. Speaker, I thank I will tell you that when I look back American people in our system. During the gentleman for yielding. I would on the short time that we have been those three events, we found that our like now to move on to the topic of engaged in the war on terror, we have economy was so resilient that it never Medicare and perhaps health care in the Taliban completely uprooted and got plunged as deeply as it could have general; but let us start with, let us out of Afghanistan. Al Qaeda is on the into recession, but it was always lin- start with a discussion of Medicare. run. The funds raising mechanism in gering in the last phases of it. When I do my town halls and discus- Saudi Arabia that was funding the war We gave the tax cut in this institu- sions back home, I am asked, Why in on terror has been eliminated. Under tion, we voted for the tax cut because the world did you even take on the A.Q. Khan, nuclear armament compo- tax cuts create jobs. We had hoped task of trying to reform Medicare? nents were being sold on the world when we offered the tax cut that we Why even do it? It is such a heavy lift. market, and that completely mar- could get a 3.5 percent rate of growth It is such a big job. keting network of nuclear armament in our economy. We were stunned in The fact remains, Mr. Speaker, that has been taken down and disassembled. the third quarter to find out that the in 1965 when the Medicare bill was We have gone back and repossessed rate of growth was actually 8.2 percent signed into law, they covered the two some of the nuclear things that were instead of the 3.5 percent that we had things that arguably would pose the sold to countries. Pakistan now is en- hoped for. The rate of growth has set- greatest financial threat for a senior ergized and willing to help us in the tled down to a more modest 4 percent, citizen, and that would be a major sur- war on terror. Iran is admitting pub- but Alan Greenspan says that he ex- gical procedure or a prolonged hos- licly that they had nuclear weapons pects that number to remain constant; pitalization, say for example, for treat- and nuclear capability. Syria is begin- and I will tell my colleagues, if we can ment of pneumonia or a bad kidney in- ning to change their attitude. Libya remain at the 4 percent growth level, fection. The prescription drug benefit has changed theirs. that this economy is going to be in was not written into law at that time We have come so far in this war on good, good shape. because prescription drugs available, I terror. It disturbs me when I hear the There are many reasons that the tax think, looking back at that time, I was national campaign from the Democrats cuts were given, but one of the most not in practice, but I think we had pen- saying we should back up, we should important things that occurred is that icillin and cortisone and those two bring our troops home, we should 75 percent of the people in the higher were interchangeable; but prescription rethink it. I will tell you that the income brackets that got tax cuts are drugs and the availability of treat- worst thing we could do is to stop the small business owners. When we give ments for medical illnesses has dras- war on terror, because that is one of small business owners a tax break, we tically changed over the last 39 years the events that destabilized our coun- are affecting over half of the employees since the enactment of Medicare. And try. of the United States. Small business is to have modern-day practice of medi- People wonder why we are doing the one of the most vibrant forms of em- cine without the ability to provide pre- tax cuts. I will tell you, our economy ployment in this country; and the tax scription drugs essentially made no has suffered three deep shocks. The breaks, the expensing for small busi- sense. We were looking at a situation first, of course, was the dot.com col- nesses, the accelerated depreciation where, and we have heard this quoted lapse. That occurred in the last years were two of the most dynamic parts of many times on the floor of this House of the President Clinton term. We had the equation. They are the things that during the debate, we would be more stocks that were valued at way over caused our orders of manufactured willing to pay for the end-stage renal their actual dollar value. That oc- goods to increase, the orders of vehi- disease or the amputation than we curred because people were euphoric. cles, of large equipment, of new capa- would be willing to pay for the medica- Some of these companies had no prod- bility; and it is that expansion that tion to treat the diabetes to prevent ucts, they had no net income, they had brings on new jobs into this economy. the end-stage condition from hap- no sales. They just had a name and a When our opponents talk about the pening in the first place. concept, and people were bidding the number of jobs lost, they simply refuse So it was important, from the stand- stock up from nothing to $200 and $300 to talk about the number of jobs that point of the perspective, if you are per share. That euphoria in a market are sent overseas by hard policies and going to have a Medicare system, and I cannot be sustained. What we found is too invasive regulation. I was in com- realize that there are people who would that the dot.com collapse came, as well mittee the other day, Mr. Speaker, and argue that perhaps the Federal Govern- it should have. the Committee on Resources was talk- ment should not be doing that, but the ing to the people who cut timber and fact is, we are doing it, we have been b 1745 who process timber into lumber. Those doing it for almost 40 years now. And if It brought a correction into the mar- fine union members of that group de- you are going to have a Medicare sys- ket to bring reality into the market, clared to us that 3 million jobs in that tem in the year 2004, we cannot have a but it also set our economy back on its one industry had been sent overseas by publicly funded health care system heels. We were just about out from un- policies that refuse to let people cut that does not provide a way to provide derneath that recession when the 9–11 timber anymore. The Democrats on prescription drugs to the beneficiaries. attack occurred. That was approxi- that committee said, you will be okay, We also hear a lot of criticism from mately a $2 trillion shock to our econ- you will be fine. You will have jobs in the other side of the aisle that we did

VerDate jul 14 2003 01:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.115 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1067 not go far enough, we are not spending not, it is not yours; you do not care into the insurance market and pur- enough in this process. We are either what it looks like when you turn it in. chase insurance policies for their em- spending too much or not enough. But Well, the same can be true, if you are ployees at a lower price. It is a win-win we have to look at who is targeted for not actually paying yourself for your proposition for both the small business coverage under the Medicare Mod- health care, you do not care how much owner and for the employees. This ernization Act that we passed last No- money you spend. But if it is your House has passed that bill last June. It vember. money and you are allowed to control languishes and I, for one, do not under- The individual who is targeted for it, you tend to be a much wiser steward stand why we do not pick up and get coverage is the individual who is of ex- with health care dollars. I know that that done, get it to conference and get tremely low income, the person who is from my own experience from having a that bill out there, going to work for at 150 percent of poverty or below, and medical savings account for the last 5 the American people. those individuals who have high out-of- or 6 years. Finally, there is the concept of tax pocket expenses, the so-called cata- Other aspects of health care that we credits for the uninsured. When talking strophic drug coverage that was pro- need to address, and I believe we are about the deductibility for a cata- vided in the prescription drug bill as addressing, the Republican leadership strophic policy, well, if somebody does part of the Medicare Modernization is addressing in this House and, in fact, not make enough money to pay income Act. Yes, that does leave a group, a the President of the United States tax, they are going to say well, that is segment in the middle that is not going when he stood up and gave his State of a great program for someone who to be covered for every drug purchase; the Union address in this House at the makes more money than I do, but I do and if someone finds themselves in that end of January, the daily newspaper not pay income tax anyway, so that is area, certainly they can be grateful Roll Call, Mort Kondracke who writes not going to help me. The gentlewoman that they are not at 150 percent of pov- a column for that, not necessarily a from Texas (Ms. GRANGER), my neigh- erty or below as far as an income and great friend of the President or the ad- bor down in Tarrant County, has a bill that they do not have the needs of cat- ministration, but talked about the on the floor that we have yet to vote astrophic coverage, and we should al- President’s speech afterwards and, in a on that would allow for tax credits for ways be thankful for good health. way, he was actually being critical of the uninsured. This is, again, an enor- Paying for health care in this coun- the President. He said the President’s mously powerful concept that would try, and I read a rather disappointing health care initiatives that were out- bring insurance a pre-fundable tax op-ed article last December from Ron- lined in the State of the Union message credit, if you will, that would be avail- ald Brownstein of the Los Angeles would only cover about 25 percent of able to someone at the beginning of the Times when he talked about how you the uninsured in this country. Only year before they file their income taxes pay for health care in this country, about 10 million people would be cov- to purchase health insurance for that there are only two ways. It is either an ered by the programs that the Presi- year. These three things done together, employer-derived insurance policy, or dent outlined. expansion of the HSAs, tax credits for it is a government-funded proposition. Well, Mr. Speaker, I would submit to the uninsured, association health Mr. Speaker, I would suggest that my colleagues that if we have within plans, and we are covering 25 percent of there are at least two other ways. I our grasp right now the means of the uninsured in this country, right know from my years of practice of bringing coverage to 10 million unin- now, this year, without any heavy lift- medicine there is a good number of sured in this country that, for heaven’s ing, again, I do not understand why we bills that just simply are not paid, so sakes, we ought to be about the busi- do not go forward with those three there is uncompensated care or a gift, ness of doing that. plans and simply get that done. if you will, by the hospital or provider The President outlined in his State The Congress has done the work on that they are not going to be paid for of the Union address the deductibility, health savings accounts and those are the services rendered. And then, of full deductibility for old income tax de- now part of the law of the land; full de- course, there are individuals who will ductibility for a high deductible insur- ductibility for the catastrophic policy pay for their care themselves. ance policy, the one that would fit well needs to happen right away. Associa- Mr. Speaker, tapping into that group with the concept of an HSA. This is a tion health plans have been passed by of people who are willing to pay for tremendously valuable concept. For this House, they await activity on the their care for themselves is an enor- the first time, if we will do that in this other side of the Capitol, and I would mous reserve that we as yet have not House, if we will provide that full de- welcome some activity in the near fu- properly addressed in this country. We ductibility of a high deductible insur- ture. And then finally, tax credits for had the old Archer Medical Savings Ac- ance policy or a catastrophic insurance the uninsured we could take up this count from 1996, and I myself had a policy, anyone who pays income taxes spring and pass, get it over to the Sen- medical savings account and found it a in this country has no excuse for not ate and get their sign-off on it and pro- very, a very worthwhile type of med- having health insurance. We will have vide that coverage to 10 to 15 million of ical insurance to have. But in the provided them the health savings ac- the uninsured in this country and get Medicare Modernization Act that we count to grow that money tax deferred that done right now. passed in November, we allowed for the and the tax deductibility for buying I will be happy to yield to my friend formation of what are called health their catastrophic coverage. Mr. from New Mexico for his comments. savings accounts, not just for seniors. Kondracke and I might argue about the This is for anyone, any age group in number of people who would actually b 1800 the country who wants to put dollars be covered by that, but that is a sub- Mr. PEARCE. Mr. Speaker, I thank away for their health care needs in the stantial number of individuals who the gentleman from Texas (Mr. BUR- future. They are now going to have a would have coverage available to them GESS) for yielding. mechanism for doing that within the in this country who today, voluntarily, As he talked about the Medicare bill health savings account program. This do not have insurance coverage. I began to remember my own discus- is an enormously powerful way to put Association health plans, a bill that sions in our offices and also with my money back in the hands of the con- was passed by this House in June of family about this. The discussions sumers and put consumers in charge of last year, association health plans right now that are critical of this making their own health care deci- allow small businesses, and we heard Medicare bill that has been passed and sions. Because after all, the consumer about the value of small businesses and signed into law was that there is this is going to be more wise with spending growing our economy, allow small donut hole. I called my mom before we their money than they are with some- businesses to band together across voted on it the first time, I asked her, one else’s money, and I think someone State lines, if need be, to get the pur- I said, ‘‘Mom, you are going to fall in made the point on the floor of this chasing power of a larger corporation the category that they are describing House back when we were having this and by having that larger purchasing as the gap in coverage or the donut debate about, you never spend money power, or having that same purchasing hole.’’ She said, ‘‘Why would that be?’’ washing a rented car. Well, of course power of a large corporation, go out I said, ‘‘Because your assets are high

VerDate jul 14 2003 01:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.116 H11PT1 H1068 CONGRESSIONAL RECORD — HOUSE March 11, 2004 enough and your yearly income is up. problem because the blood pressure is So we are in the Medicare bill bring- We are targeting the poor and we are too high, that we take care of it before ing generics to the market much soon- targeting the people with catastrophic it becomes catastrophic. And we all er. We also stopped the process of ex- health care, prescription drugs cost.’’ know if you take care of medical prob- tending patents almost indefinitely to She said, ‘‘Son, we have been very lems before they are catastrophic, they where now we give them patent protec- blessed. I do not mind paying more if I are much cheaper to take care of. I tion for one period and we extend it for can pay more.’’ think that those components make one period, but not the continual ex- And I feel like that that is the way this bill a very good bill. But in New tensions that were being gotten before. most Americans are going to approach Mexico in my rural district, it is a 9- Both of these actions serve to lower this, that they do not mind paying hour drive across my district at 75 in the long run the cost of medications more if they can pay more. miles an hour, we have got almost that we find in the country. And, of Again, I told my mom that. She said, 60,000 square miles, it is a very large course, we know that that starting ‘‘Exactly why are you doing that?’’ district, and we have not too much ac- right now, everyone that is 150 percent And I said, ‘‘It is so we do not break cess to health care, but the access that the rate of poverty and below has ac- the country, so we do not tag the next we do have was reimbursed at a dif- cess to the two drug cards this year generation with more cost than they ferent rate. and next year, which provides imme- could ever pay. So the gap in coverage As a physician, you understand that diate cash relief. is there because you are able to do it the urban areas were given far greater Mr. Speaker, this Medicare bill com- and we do not want to pass those costs reimbursement for the same treatment bined a lot of elements of reform, it on to the next generation.’’ that would be received by a rural hos- combined elements of change for rural My colleague has adequately pointed pital. I campaigned saying that this in- areas, it brought in the health savings out the great work that was done, and equity needed to be fixed. Much to my account, it brought prescription drug I want to commend the gentleman as surprise, we fixed it in this bill. Rural coverage to those who most des- one of the physicians in this freshman hospitals receive 100 percent of the re- perately need it who are having to class, I think he was very instrumental imbursement that the urban hospitals choose between food and medicine. And in driving many of the components of receive because of the actions that we I am telling this Chamber that this bill took in this bill. this bill, and I congratulate him for is good for people in this New Mexico. Another thing that I campaigned that. Mr. Speaker, I yield back to the gen- about, Mr. Speaker, was that our bor- The health savings account is a thing tleman from Texas (Mr. BURGESS.) that I talked from the floor of this der hospitals are tagged with an ex- Mr. BURGESS. Mr. Speaker, I thank pense to take care of the medical cost House last night. Basically it is a med- my friend for yielding. of immigrants who come to the border. ical IRA. You can put the money in tax And the gentleman makes an excel- Our immigration law says if they free, you can take the money out tax lent point that by speeding the avail- present themselves at the border with free. The difference between this med- ability of generic drugs, we are bring- a medical problem, that the local hos- ical IRA the health savings account ing down the cost of prescription drugs pital or the local county will take care and other IRAs is that you can take in this country. In other words, an im- of the problem. portant point that I failed to make in the money out at any age if you pay for I am on the Mexico border. My dis- medical expenses. You can pay for your trict borders the Mexico border. And my initial comments is this program is premiums, you can pay for deductibles, yet my rural hospitals tell me they entirely voluntary. No one is forced you can pay for prescription drugs, or have carried people in an ambulance to into this program. You do not have to you can pay for your doctor visit, den- Denver, Colorado, had heart surgery buy prescription drug coverage. You do tal, whatever. for them, and when they were recov- not have to change any aspect of Medi- Now, the nice thing about this ac- ered, they had to go up in an ambu- care. If you enjoy what you are doing count is that not only is it yours, and lance, pick them up and take them today, it does not have to change for it is yours to dispose of the way that back to the border. I will tell you that you. you would, but it is the part of your es- our country was not reimbursing at all The gentleman from New Mexico (Mr. tate and it goes to the next generation, the expenses that our border hospitals PEARCE) spoke about the cost of pre- to your sons and your daughters to were having to be faced with. And this scription drugs. And, Mr. Speaker, I help them pay for their medical costs if bill adds $1 billion into a pool of money want to again quote from the Wash- you do not use it. to be shared by those hospitals which ington periodical Roll Call, Mort I think that it is one of the most im- are currently being faced with those Kondracke’s column, again, not nec- portant pieces of legislation that we expenses. essarily any friend of the Republican passed this year. It is in law. It is a So for those two reasons, for rural majority or the administration, but part of the prescription drug Medicare areas and especially for my district, it writing in Roll Call a couple of weeks bill and has been signed by the Presi- was a good bill. But there are good ago, Mr. Kondracke said, ‘‘Mr. KERRY dent of the United States and is actu- things beyond that. One of the greatest and Mr. EDWARDS regularly attack ally in law at this time. complaints that I hear among my con- drug companies for price gouging, ne- We recently sent a mailer out to my stituents is they do not like the pre- glecting to observe that it costs an av- district talking about Medicare in gen- scription drug manufacturers. I think erage of $700 million to bring a new eral, but the health savings account that they are just mostly upset with drug to market. They want, in effect, particularly got calls back to the office them. I think that they would do more to impose price controls on drugs by al- wondering where can we buy them than what we should. But we did ring lowing the government to negotiate right now. the bell here in this bill for a prescrip- with drug companies on behalf of the One of the most significant things tion drug manufacturers. We did not Medicare and Medicaid program and le- that I found there New Mexico that we want to choke all of the profits out galizing mass importation of drugs did in this Medicare bill is that we from the drug manufacturers because from Canada.’’ began to offer certain reforms. To me the research and development is cre- He goes on to say, Mr. Speaker, that it is never made sense why Medicare ating miracle drugs that are causing Medicare does not negotiate with pro- could not do some of the screening so it the fastest growing population group viders such as doctors and hospitals on would catch the diseases up front, so to be the over-100 population. reimbursement levels. I know this full that we catch them before they get to The second fastest group that we well. I lived under Federal price con- catastrophic stages. have, the second fastest growing group trolled my entire professional life. That is one thing that happened in is 85 to 100. These changes are brought Going back and quoting from the ar- this Medicare bill is we allow preventa- about by prescription drug makers who ticle, ‘‘It imposes them and Congress tive care and screening. We allow phys- make great products, but they were often gets into the act of changing for- ical exams for the first time so that we doing some things that we felt like we mulas.’’ The reasons that drugs are understand if people have a cholesterol ought to ring the bell on, maybe bring cheaper in Canada and Europe is that problem or have an impending heart them back. governments there fix the prices based

VerDate jul 14 2003 01:03 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.119 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1069 on the production costs of new drugs, wanted to yield to my friend from New PROVIDING FOR A CONDITIONAL escaping participation in the astro- Mexico if he had any closing com- ADJOURNMENT OR RECESS OF nomical cost of drug development. ments. I really appreciate his being THE SENATE In other words, Mr. Speaker, our here with me and staying in town late The SPEAKER laid before the House trade laws which should protect us today so we could bring our good Re- the following privileged Senate concur- from this type of activity, are, in fact, publican message to the floor of this rent resolution (S. Con. Res. 98) pro- asking our poorest individuals, our sen- House, to the country at large. And I viding for a conditional adjournment iors without prescription drug cov- really appreciate him being here and or recess of the Senate. erage, to foot the cost of research and helping me with this discussion this The Clerk read the Senate concur- development of life savings pharma- afternoon. rent resolution, as follows: ceuticals for the rest of the world. And Mr. PEARCE. Mr. Speaker, I thank S. CON. RES. 98 that is wrong. And that is what needs the gentleman for yielding one last to change, not how we handle re- time. Again, I want to talk in one Resolved by the Senate (the House of Rep- importation of drugs at the border. resentatives concurring), That when the Sen- sense if possible to say thanks to those ate recesses or adjourns at the close of busi- Finally, I do want to, in the few min- people who work in our education es- ness on Thursday, March 11, or Friday, utes that are left, I want to address tablishment, those who are out there March 12, or Saturday, March 13, or Sunday, something else. We actually heard this on the front lines of the education war, March 14, 2004, on a motion offered pursuant this afternoon on the floor of the House especially those success stories like to this concurrent resolution by its Majority from the individual on the other side of Roswell High School in New Mexico. Leader or his designee, it stand recessed or the aisle who was talking about health That is one of the 12 break-through adjourned until Monday, March 22, 2004, at 12 care, and was critical of the prescrip- high schools in the Nation. I think that noon. tion drug plan passed by this Congress this kind of outcome is exactly what The SPEAKER pro tempore. Without because of the cost of the prescription we had hoped for when No Child Left objection, the Senate concurrent reso- drug plan. $395 billion was the Congres- Behind was passed. lution is concurred in. sional Budget Office estimate for 10 If the administration in any school is There was no objection. years. The White House Office of the dedicated to the changes that are al- A motion to reconsider was laid on Budget came back with a different fig- lowed under No Child Left Behind, I be- the table. ure that was some $500 billion over 10 lieve that the program will be the suc- f years time. And that discrepancy has cess that each of our parents wants LEAVE OF ABSENCE attracted a great deal of attention. throughout the Nation. Mr. Speaker, the fact remains that it So thanks again to the gentleman By unanimous consent, leave of ab- is almost impossible to precisely fix from Texas (Mr. BURGESS) for yielding sence was granted to: what the cost of this drug program is time to me today. Mr. DEFAZIO (at the request of Ms. going to be over 10 years time. Chair- PELOSI) for today on account of official f man THOMAS, when he brought the con- business. ference report to us last fall, admitted b 1815 f that there was no attempt on the Con- gressional Budget Office to factor in HOUR OF MEETING ON FRIDAY, SPECIAL ORDERS GRANTED any cost savings in the Medicare pro- MARCH 12, 2004 By unanimous consent, permission to gram by virtue of the fact that we were Mr. PEARCE. Mr. Speaker, I ask address the House, following the legis- treating illnesses in a more timely unanimous consent that when the lative program and any special orders fashion and that we were bringing dis- House adjourns today, it adjourn to heretofore entered, was granted to: ease management, we were going to be meet at noon tomorrow. (The following Members (at the re- more aggressive about preventative The SPEAKER pro tempore (Mr. quest of Mr. BROWN of Ohio) to revise care in the new Medicare with the new BONNER). Is there objection to the re- and extend their remarks and include Medicare Modernization Act. quest of the gentleman from New Mex- extraneous material:) Mr. Speaker, in the few minutes, that ico? Mr. DEFAZIO, for 5 minutes, today. are left I have to make this point. This There was no objection. Mr. BROWN of Ohio, for 5 minutes, House a year ago passed H.R. 5, which today. f was the medical liability bill that Mr. FILNER, for 5 minutes, today. would cap the medical liability awards ADJOURNMENT FROM FRIDAY, Ms. NORTON, for 5 minutes, today. for non-economic damages, pain and MARCH 12, 2004, TO TUESDAY, Mr. CONYERS, for 5 minutes, today. suffering at $250,000. We actually did MARCH 16, 2004 Mr. MCGOVERN, for 5 minutes, today. this back in my home State of Texas. Mr. PEARCE. Mr. Speaker, I ask Ms. MILLENDER-MCDONALD, for 5 min- And medical liability rates have fallen unanimous consent that when the utes, today. dramatically. But, more importantly, House adjourns on Friday, March 12, Mr. KUCINICH, for 5 minutes, today. more importantly, when you look at 2004, it adjourn to meet at 12:30 p.m., Mr. STRICKLAND, for 5 minutes, the cost of defensive medicine in this Tuesday, March 16, 2004, for morning today. country, and, in fact, that was looked hour debates. (The following Members (at the re- at in a study at Stanford University in The SPEAKER pro tempore. Is there quest of Mr. FOLEY) to revise and ex- 1996. And these are 1996 dollars, several objection to the request of the gen- tend their remarks and include extra- years ago, the cost of defensive medi- tleman from New Mexico? neous material:) cine for the Medicare program was es- There was no objection. Mr. MURPHY, for 5 minutes, March 16. timated to be $50 billion a year. Mr. FOLEY, for 5 minutes, today. Mr. Speaker, if we are concerned f f about the cost of the prescription drug program, we could pay for it by our DISPENSING WITH CALENDAR BILLS PRESENTED TO THE savings in defensive medicine if we WEDNESDAY BUSINESS ON PRESIDENT WEDNESDAY NEXT could simply pass that medical liabil- Jeff Trandahl, Clerk of the House re- ity bill that is stuck on the other side Mr. PEARCE. Mr. Speaker, I ask ports that on March 11, 2004 he pre- of the capital that we got through this unanimous consent that the business sented to the President of the United House a year ago. We need to get that in order under the Calendar Wednesday States, for his approval, the following bill passed and get it to conference and rule be dispensed with on Wednesday bills. next. get on about the business of reducing H.R. 506. To provide for the protection of this high tariff, this high cost of defen- The SPEAKER pro tempore. Is there archaeological sites in the Galisteo Basin in sive medicine in this country. objection to the request of the gen- New Mexico, and for other purposes. Mr. Speaker, we have almost con- tleman from New Mexico? H.R. 2059. To designate Fort Bayard His- sumed a full hour of talk. And I just There was no objection. toric District in the State of New Mexico as

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K11MR7.121 H11PT1 H1070 CONGRESSIONAL RECORD — HOUSE March 11, 2004 a National Historic Landmark, and for other Revenue Service, transmitting the Service’s provide referral to entities providing such purposes. final rule — Depreciation of MACRS Prop- counseling, and to make grants to such enti- f erty That is Acquired in a Like-kind Ex- ties for providing such counseling, and for change or As a Result of an Involuntary Con- other purposes; to the Committee on Finan- ADJOURNMENT version [TD 9115] (RIN: 1545-BC27) received cial Services. Mr. PEARCE. Mr. Speaker, I move March 5, 2004, pursuant to 5 U.S.C. By Mr. ROTHMAN (for himself, Mr. that the House do now adjourn. 801(a)(1)(A); to the Committee on Ways and LOBIONDO, Mr. PALLONE, Mr. PASCRELL, Mr. MENENDEZ, Mr. The motion was agreed to; accord- Means. 7149. A letter from the Acting Chief, Publi- SAXTON, Mr. ANDREWS, Mr. FER- ingly (at 6 o’clock and 18 minutes cation and Regulations Branch, Internal GUSON, Mr. SMITH of New Jersey, Mr. p.m.), under its previous order, the Revenue Service, transmitting the Service’s PAYNE, Mr. HOLT, Mr. GARRETT of House adjourned until Friday, March final rule — Health Insurance Costs of Eligi- New Jersey, and Mr. FRELING- 12, 2004, at noon. ble Individuals (Rev. Proc. 2004-12) received HUYSEN): H.R. 3939. A bill to redesignate the facility f March 5, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and of the United States Postal Service located EXECUTIVE COMMUNICATIONS, Means. at 14-24 Abbott Road in Fair Lawn, New Jer- ETC. 7150. A letter from the Acting Chief, Publi- sey, as the ‘‘Mary Ann Collura Post Office cation and Regulations Branch, Internal Building’’; to the Committee on Government Under clause 8 of rule XII, executive Reform. communications were taken from the Revenue Service, transmitting the Service’s final rule — Appeals Settlement Guidline: By Mr. DINGELL (for himself, Ms. Speaker’s table and referred as follows: All Industries; Losses Claimed and Income to SOLIS, Mrs. CAPPS, Mr. MARKEY, and 7141. A letter from the Congressional Re- be Reported from Lease In/Lease Out Trans- Mr. WYNN): view Coordinator, Animal and Plant Health actions, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 3940. A bill to amend the Solid Waste Disposal Act to provide for secondary con- Inspection Service, Department of Agri- the Committee on Ways and Means. culture, transmitting the Department’s final tainment to prevent MTBE and petroleum rule — National Poultry Improvement Plan; f contamination; to the Committee on Energy Technical Amendment [Docket No. 03-017-3] REPORTS OF COMMITTEES ON and Commerce. By Mr. LAMPSON (for himself, Mr. received February 23, 2004, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS U.S.C. 801(a)(1)(A); to the Committee on Ag- CHABOT, Ms. MILLENDER-MCDONALD, riculture. Under clause 2 of rule XIII, reports of Ms. DELAURO, Ms. JACKSON-LEE of 7142. A letter from the Program Analyst, committees were delivered to the Clerk Texas, Mr. FROST, Mr. CRAMER, Mr. FAA, Department of Transportation, trans- for printing and reference to the proper FOLEY, Mr. MORAN of Virginia, Ms. mitting the Department’s final rule — Air- calendar, as follows: WOOLSEY, Mr. BERRY, Mr. THOMPSON worthiness Directives; Boeing 727 Series Air- of Mississippi, Mr. GREEN of Texas, Mr. BARTON: Committee on Energy and planes Modified in Accordance With Supple- Mr. GRIJALVA, Mrs. NAPOLITANO, Mr. Commerce. H.R. 3261. A bill to prohibit the mental Type Certificate SA1767SO or SHERMAN, Mr. COSTELLO, Mr. MOORE, misappropriation of certain databases, with SA1768SO [Docket No. 97-NM-232-AD; Amend- Mr. WYNN, Mr. TIERNEY, Mr. an amendment; adversely (Rept. 108–421, Pt. ment 39-12858; AD 2002-16-19] (RIN: 2120-AA64) ETHERIDGE, Mr. RODRIGUEZ, Mr. 2). Referred to the Committee of the Whole received February 4, 2004, pursuant to 5 SANDLIN, Mr. TURNER of Texas, Mr. House on the State of the Union. U.S.C. 801(a)(1)(A); to the Committee on BAIRD, Ms. BALDWIN, Mr. FARR, Mrs. Transportation and Infrastructure. f TAUSCHER, Mr. POMEROY, Mr. 7143. A letter from the Program Analyst, CARDOZA, Mr. HONDA, Mr. RUSH, Mr. FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS PASCRELL, Mr. GORDON, Mr. ED- mitting the Department’s final rule — Air- Under clause 2 of rule XII, public WARDS, Mr. MCDERMOTT, Mr. MATSUI, worthiness Directives; Boeing Model 727 Se- bills and resolutions were introduced Mr. PALLONE, Ms. SLAUGHTER, Mrs. ´ ries Airplanes Modified in Accordance With and severally referred, as follows: MALONEY, Ms. LINDA T. SANCHEZ of Supplemental Type Certificate ST00015AT California, Mr. SHIMKUS, Mr. WEINER, [Docket No. 97-NM-234-AD; Amendment 39- By Mr. SMITH of New Jersey (for him- Mr. MCNULTY, Mr. DEFAZIO, Ms. 12860; AD 2002-16-21] (RIN: 2120-AA64) received self, Mr. EVANS, and Mr. SKELTON): LOFGREN, Mr. RUPPERSBERGER, Mr. February 4, 2004, pursuant to 5 U.S.C. H.R. 3936. A bill to amend title 38, United MCGOVERN, Ms. SOLIS, Mr. GEORGE 801(a)(1)(A); to the Committee on Transpor- States Code, to authorize the principal office MILLER of California, Mr. LARSON of tation and Infrastructure. of the United States Court of Appeals for Connecticut, Mr. VISCLOSKY, Mr. VAN 7144. A letter from the Program Analyst, Veterans Claims to be at any location in the HOLLEN, Mr. CAPUANO, Mr. ISRAEL, FAA, Department of Transportation, trans- Washington, D.C., metropolitan area, rather Mr. PRICE of North Carolina, Mr. mitting the Department’s final rule — Anti- than only in the District of Columbia, and BROWN of Ohio, Mr. LANGEVIN, Mr. drug and Alcohol Misuse Prevention Pro- expressing the sense of Congress that a dedi- REYES, Ms. ESHOO, Mr. LANTOS, Mr. grams for Personnel Engaged in Specific cated Veterans Courthouse and Justice Cen- BECERRA, Ms. NORTON, Mr. LIPINSKI, Aviation Activities [Docket No. FAA-2002- ter should be provided for that Court and Mr. BURTON of Indiana, Mr. KIND, Ms. 11301; Amendment No. 121-302] (RIN: 2120- those it serves and should be located, if fea- PELOSI, Mr. OLVER, Mr. ACKERMAN, AH14) received February 4, 2004, pursuant to sible, at a site owned by the United States Ms. BERKLEY, Mr. HINOJOSA, Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on that is part of or proximate to the Pentagon JOHN, Mr. BACA, Mr. BRADY of Penn- Transportation and Infrastructure. Reservation, and for other purposes; to the sylvania, Mr. HOLT, Ms. EDDIE BER- 7145. A letter from the Program Analyst, Committee on Veterans’ Affairs, and in addi- NICE JOHNSON of Texas, Mr. KAN- FAA, Department of Transportation, trans- tion to the Committee on Armed Services, JORSKI, Mr. KING of New York, Ms. mitting the Department’s final rule — IFR for a period to be subsequently determined LEE, Mr. MCINTYRE, Ms. ROYBAL-AL- Altitudes; Miscellaneous Amendments by the Speaker, in each case for consider- LARD, Ms. LORETTA SANCHEZ of Cali- [Docket No. 30402; Amdt. No. 446] received ation of such provisions as fall within the ju- fornia, Mr. WEXLER, Mr. LEWIS of February 4, 2004, pursuant to 5 U.S.C. risdiction of the committee concerned. Georgia, Mr. PETERSON of Minnesota, 801(a)(1)(A); to the Committee on Transpor- By Mr. HASTINGS of Washington (for Ms. SCHAKOWSKY, Mr. DOYLE, Mr. tation and Infrastructure. himself and Mr. CASTLE): RANGEL, Mr. OBERSTAR, Mr. STUPAK, 7146. A letter from the Acting Chief, Publi- H.R. 3937. A bill to amend the Congres- Mr. HOYER, Ms. MCCOLLUM, Mr. cation and Regulations Branch, Internal sional Budget Act of 1974 to establish macro- EVANS, Mr. GEPHARDT, Mr. HEFLEY, Revenue Service, transmitting the Service’s economic congressional budgets; to the Com- Ms. DEGETTE, Mr. GONZALEZ, Mr. final rule — Imposition of Accuracy Penalty; mittee on Rules, and in addition to the Com- HILL, Mr. DOGGETT, Mr. CROWLEY, Imposition of Fraud Penalty; Frivolous Re- mittee on the Budget, for a period to be sub- Mrs. LOWEY, Mr. OSE, Mr. DAVIS of turn Policy (Rev. Rul. 2004-33) received sequently determined by the Speaker, in Tennessee, Ms. HART, Mr. BELL, and March 5, 2004, pursuant to 5 U.S.C. each case for consideration of such provi- Mr. BEREUTER): 801(a)(1)(A); to the Committee on Ways and sions as fall within the jurisdiction of the H.R. 3941. A bill to amend title 28, United Means. committee concerned. States Code, to give district courts of the 7147. A letter from the Acting Chief, Publi- By Mr. NEY (for himself, Ms. United States jurisdiction over competing cation and Regulations Branch, Internal VELA´ ZQUEZ, and Mr. SCOTT of Geor- State custody determinations, and for other Revenue Service, transmitting the Service’s gia): purposes; to the Committee on the Judici- final rule — Personal, living, and family ex- H.R. 3938. A bill to establish an Office of ary, and in addition to the Committees on penses (Rev. Rul. 2004-32), pursuant to 5 Housing Counseling to carry out the respon- International Relations, and Ways and U.S.C. 801(a)(1)(A); to the Committee on sibilities of the Department of Housing and Means, for a period to be subsequently deter- Ways and Means. Urban Development regarding counseling on mined by the Speaker, in each case for con- 7148. A letter from the Acting Chief, Publi- homeownership and rental housing issues, to sideration of such provisions as fall within cation and Regulations Branch, Internal establish a toll-free telephone number to the jurisdiction of the committee concerned.

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A11MR7.040 H11PT1 March 11, 2004 CONGRESSIONAL RECORD — HOUSE H1071 By Mr. KENNEDY of Rhode Island (for By Mr. HAYES: veloped by the National Animal Identifica- himself and Mr. LANGEVIN): H.R. 3951. A bill to amend title 10, United tion Development Team, and for other pur- H.R. 3942. A bill to redesignate the facility States Code, to require notification to Con- poses; to the Committee on Agriculture, and of the United States Postal Service located gress and the public when waivers to certain in addition to the Committee on Energy and at 7 Commercial Boulevard in Middletown, domestic source requirements are made, and Commerce, for a period to be subsequently Rhode Island, as the ‘‘Rhode Island Veterans for other purposes; to the Committee on determined by the Speaker, in each case for Post Office Building‘‘; to the Committee on Armed Services. consideration of such provisions as fall with- Government Reform. By Mr. HENSARLING (for himself and in the jurisdiction of the committee con- By Mr. CRANE (for himself, Ms. Mr. BAKER): cerned. MCCOLLUM, Mr. HOUGHTON, Mr. H.R. 3952. A bill to amend the Community By Mr. SHAW: DOOLEY of California, Mr. WELLER, Reinvestment Act of 1977 to increase the ag- H.R. 3962. A bill to amend title 10, United Mr. CASE, Mr. KOLBE, Mr. EVANS, Mr. gregate asset size limitation of the small States Code, to establish a program of inter- PITTS, Mr. CROWLEY, and Mr. LARSON bank regulatory relief provision, to provide est-free loans to members of the Selected Re- of Connecticut): for future adjustments of such amount for serve who experience financial hardship due H.R. 3943. A bill to extend nondiscrim- inflation, and for other purposes; to the to service on active duty in the Armed inatory treatment (normal trade relations Committee on Financial Services. Forces; to the Committee on Armed Serv- treatment) to the products of Laos; to the By Mr. HOEKSTRA (for himself, Mr. ices. Committee on Ways and Means. CAMP, Mr. MANZULLO, and Mrs. JONES By Mr. SHAYS (for himself, Mr. COO- By Mr. CALVERT: of Ohio): PER, Mr. CASTLE, Mr. FRANK of Mas- H.R. 3944. A bill to provide for the convey- H.R. 3953. A bill to amend the Internal Rev- sachusetts, Mr. ENGLISH, and Mr. ance of a small parcel of Natural Resources enue Code of 1986 to provide a shorter recov- MORAN of Virginia): Conservation Service property in Riverside, ery period for the depreciation of certain H.R. 3963. A bill to amend the Congres- California, and for other purposes; to the systems installed in nonresidential build- sional Accountability Act of 1995 to extend Committee on Agriculture. ings; to the Committee on Ways and Means. to employees of the legislative branch cer- By Mr. CALVERT: By Mr. HUNTER: tain protections available to other employ- H.R. 3945. A bill to amend the Reclamation H.R. 3954. A bill to authorize the Secretary ees of the Federal Government under certain Wastewater and Groundwater Study and Fa- of the Interior to resolve boundary discrep- laws, and for other purposes; to the Com- cilities Act to authorize the Secretary of the ancies in San Diego County, California, aris- mittee on House Administration, and in ad- Interior to participate in the design, plan- ing from an erroneous survey conducted by a dition to the Committees on Education and ning, and construction of a project to re- Government contractor in 1881 that resulted the Workforce, and the Judiciary, for a pe- claim and reuse wastewater within and out- in overlapping boundaries for certain lands, riod to be subsequently determined by the side of the service area of the City of Corona and for other purposes; to the Committee on Speaker, in each case for consideration of Water Utility, California; to the Committee Resources. such provisions as fall within the jurisdic- on Resources. By Mr. ISRAEL: tion of the committee concerned. H.R. 3955. A bill to require the Securities By Mr. CAMP (for himself, Mr. By Mr. STARK (for himself, Mr. WAX- and Exchange Commission to require public MCCOTTER, Mrs. MILLER of Michigan, MAN, Mr. GEORGE MILLER of Cali- companies to disclose their payments to for- Mr. UPTON, Mr. LEVIN, Mr. EHLERS, fornia, Mr. MATSUI, Mr. LANTOS, Mr. eign governments for the purposes of natural Mr. STUPAK, Mr. CONYERS, and Mr. BERMAN, Ms. PELOSI, Ms. WATERS, resources exploration, development, and ex- KILDEE): Mr. BECERRA, Ms. ESHOO, Mr. FILNER, tractions rights; to the Committee on Finan- H.R. 3946. A bill to direct the Secretary of Ms. ROYBAL-ALLARD, Ms. WOOLSEY, cial Services. the Interior to conduct a study of maritime Mr. FARR, Ms. LOFGREN, Ms. By Mrs. JOHNSON of Connecticut (for sites in the State of Michigan; to the Com- MILLENDER-MCDONALD, Mr. SHERMAN, herself and Mr. SHIMKUS): Mrs. CAPPS, Ms. LEE, Mr. BACA, Mrs. mittee on Resources. H.R. 3956. A bill to designate Poland as a DAVIS of California, Mr. HONDA, Mr. By Mr. CROWLEY (for himself, Mr. program country under the visa waiver pro- SCHIFF, Ms. SOLIS, Ms. WATSON, and EVANS, Mr. SANDLIN, Mrs. MCCARTHY gram established under section 217 of the Im- Ms. LINDA T. SA´ NCHEZ of California): of New York, Mr. RUPPERSBERGER, migration and Nationality Act; to the Com- Mr. CLAY, Mr. VAN HOLLEN, Mr. mittee on the Judiciary. H.R. 3964. A bill to amend part C of title FROST, Mr. TOWNS, Mr. BISHOP of New By Mr. KING of New York: XVIII of the Social Security Act to prohibit York, Mr. HINCHEY, Mr. OWENS, Mr. H.R. 3957. A bill to amend the Trade Act of the operation of the Medicare comparative ACKERMAN, Mr. WEINER, Mrs. 1974 to extend trade adjustment assistance to cost adjustment (CCA) program in Cali- MALONEY, Mr. MCNULTY, Mrs. certain service workers; to the Committee fornia; to the Committee on Education and CHRISTENSEN, Mr. NADLER, Mr. RAN- on Ways and Means. the Workforce, and in addition to the Com- GEL, Mr. MCHUGH, Mr. GORDON, Mr. By Mr. LEVIN: mittee on Ways and Means, for a period to be ISRAEL, and Mr. REYNOLDS): H.R. 3958. A bill to authorize the extension subsequently determined by the Speaker, in H.R. 3947. A bill to amend title 38, United of unconditional and permanent nondiscrim- each case for consideration of such provi- States Code, to provide that monetary bene- inatory treatment (permanent normal trade sions as fall within the jurisdiction of the fits paid to veterans by States and munici- relations treatment) to the products of committee concerned. palities shall be excluded from consideration Ukraine, and for other purposes; to the Com- By Ms. WOOLSEY (for herself, Mr. as income for purposes of pension benefits mittee on Ways and Means, and in addition SCOTT of Virginia, Ms. JACKSON-LEE paid by the Secretary of Veterans Affairs; to to the Committees on International Rela- of Texas, Mr. FROST, Mr. LAMPSON, the Committee on Veterans’ Affairs. tions, and Rules, for a period to be subse- Mr. CONYERS, Mr. BACA, Mr. SHER- By Mr. FATTAH: quently determined by the Speaker, in each MAN, Mr. SCHIFF, Mr. MOORE, Mr. H.R. 3948. A bill to amend the Higher Edu- case for consideration of such provisions as CARDOZA, Ms. SLAUGHTER, Mr. cation Act of 1965 by strengthening and ex- fall within the jurisdiction of the committee CHABOT, Mr. PAYNE, and Mr. THOMP- panding the Gaining Early Awareness and concerned. SON of Mississippi): Readiness for Undergraduate Programs By Mr. LOBIONDO: H.R. 3965. A bill to authorize the Attorney (GEAR UP) in order to facilitate the transi- H.R. 3959. A bill to amend title 49, United General to make grants to improve the abil- tion of low-income high school students into States Code, to authorize the Secretary of ity of State and local governments to pre- post-secondary education; to the Committee Homeland Security, acting through the vent the abduction of children by family on Education and the Workforce. Under Secretary for Border and Transpor- members, and for other purposes; to the By Mr. GRAVES: tation Security, to provide air marshal Committee on the Judiciary. H.R. 3949. A bill to amend the Trade Act of training to law enforcement personnel of for- By Mr. LARSON of Connecticut: 1974 to delegate to the Under Secretary of eign countries; to the Committee on Trans- H.J. Res. 89. A joint resolution proposing Commerce for International Trade the func- portation and Infrastructure. an amendment to the Constitution of the tions relating to trade adjustment assistance By Ms. MILLENDER-MCDONALD: United States regarding the appointment of for firms, and for other purposes; to the H.R. 3960. A bill to authorize the use of individuals to fill vacancies in the House of Committee on Ways and Means. Federal funds for research on human embry- Representatives; to the Committee on the By Mr. GREEN of Wisconsin (for him- onic stem cells irrespective of the date on Judiciary. self, Mr. BALLENGER, Mr. BRADLEY of which such stem cells were derived, and for By Ms. LOFGREN: New Hampshire, Mr. EVANS, Mr. LI- other purposes; to the Committee on Energy H.J. Res. 90. A joint resolution proposing PINSKI, and Mr. ROHRABACHER): and Commerce. an amendment to the Constitution of the H.R. 3950. A bill to amend title 10, United By Mr. OSBORNE (for himself and Mr. United States regarding the appointment of States Code, to provide for the establishment BOSWELL): individuals to serve as Members of the House of a combat artillery badge to recognize H.R. 3961. A bill to amend the Animal of Representatives when, in a national emer- combat service by members of Army in the Health Protection Act to direct the Sec- gency, a significant number of Members are artillery branch; to the Committee on Armed retary of Agriculture to implement the unable to serve; to the Committee on the Ju- Services. United States Animal Identification Plan de- diciary.

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L11MR7.100 H11PT1 H1072 CONGRESSIONAL RECORD — HOUSE March 11, 2004

By Mr. VITTER: America should be commended, on its 92d an- H.R. 3429: Mr. BROWN of South Carolina. H. Con. Res. 382. Concurrent resolution af- niversary, for providing quality age-appro- H.R. 3436: Mr. KING of New York. firming that the intent of Congress in pass- priate experiences that prepare girls to be- H.R. 3438: Ms. MCCARTHY of Missouri, Mr. ing the National Wildlife Refuge System Im- come the leaders of tomorrow and for raising BOSWELL, Mr. BERMAN, and Mr. TOM DAVIS of provement Act of 1997 was to allow hunting issues important to girls; to the Committee Virginia. and fishing on public lands within the Na- on Government Reform. H.R. 3446: Mr. LIPINSKI, Mr. SCHIFF, and tional Wildlife Refuge System and declaring f Mr. FARR. that the purpose of reserving certain lands H.R. 3453: Mr. ROGERS of Kentucky. as public lands is to make them available to ADDITIONAL SPONSORS H.R. 3460: Mr. SMITH of New Jersey and the public for reasonable uses; to the Com- Under clause 7 of rule XII, sponsors Mrs. JO ANN DAVIS of Virginia. mittee on Resources. were added to public bills and resolu- H.R. 3476: Mr. STRICKLAND, Mr. GORDON, By Mr. MEEHAN: tions as follows: Mr. ISSA, Mr. GERLACH, Mr. SABO, Mr. LEACH, H. Con. Res. 383. Concurrent resolution ex- Ms. HARRIS, Mr. LINDER, Mr. DEUTSCH, and pressing the sense of Congess concerning the H.R. 25: Mr. THORNBERRY. Ms. MAJETTE. HAYS AVIS well-being of members of the Armed Forces H.R. 173: Mr. S , Mr. D of Ten- H.R. 3507: Ms. ROYBAL-ALLARD, Mr. ITTS and calling on the Department of Defense to nessee, and Mr. P . GRIJALVA, Mr. GALLEGLY, Mr. WAXMAN, Mr. H.R. 284: Mr. MCKEON, Mr. SHIMKUS, Mr. do its utmost to see that deployed military ANDREWS, and Mr. LARSON of Connecticut. DEMINT, Mr. COLLINS, and Mr. AKIN. personnel have the best force protection H.R. 3545: Mr. MCDERMOTT and Mr. HIN- H.R. 375: Mr. BURNS. equipment the Nation can make available, CHEY. H.R. 476: Mr. BOUCHER, Mr. BACA, and Mr. and for other purposes; to the Committee on H.R. 3619: Ms. LORETTA SANCHEZ of Cali- STENHOLM. Armed Services. fornia and Mr. MATHESON. H.R. 570: Mr. FERGUSON. By Mr. RANGEL: H.R. 3651: Mr. CANNON. H. Con. Res. 384. Concurrent resolution H.R. 571: Mr. CALVERT. H.R. 3678: Mr. PAYNE. calling for the removal of all restrictions H.R. 677: Mr. KIND. H.R. 3699: Mr. BALLANCE, Ms. CORRINE from the public, the press, and military fam- H.R. 728: Mr. GOODE. BROWN of Florida, and Mr. TURNER of Texas. ilies in mourning that would prohibit their H.R. 839: Ms. WATSON, Ms. ROYBAL-ALLARD, H.R. 3701: Mr. FRANK of Massachusetts and presence at the arrival at military installa- Ms. SCHAKOWSKY, and Mr. LOBIONDO. Mr. MORAN of Virginia. tions in the United States or overseas of the H.R. 857: Mr. NORWOOD. H.R. 3712: Mr. JONES of North Carolina, Ms. remains of the Nation’s fallen heroes, the H.R. 935: Mr. FATTAH. CORRINE BROWN of Florida, and Mr. MEEK of members of the Armed Forces who have died H.R. 962: Ms. WATERS. Florida. in Iraq or Afghanistan, with the assurance H.R. 968: Ms. CARSON of Indiana. H.R. 3731: Mr. EVANS. that family requests for privacy will be re- H.R. 970: Mr. LATOURETTE, Ms. HOOLEY of H.R. 3763: Mr. FEENEY. spected; to the Committee on Armed Serv- Oregon, Mr. SCOTT of Georgia, Mr. CHABOT, H.R. 3773: Mr. BACHUS, Mr. HOSTETTLER, ices. Mr. BRADLEY of New Hampshire, Mr. TOWNS, and Mr. SENSENBRENNER. By Mr. HYDE (for himself, Mr. DELAY, Mr. VISCLOSKY, Mr. JOHNSON of Illinois, Mr. H.R. 3781: Mr. NEUGEBAUER. Mr. BLUNT, Ms. PRYCE of Ohio, Mr. GALLEGLY, and Ms. ESHOO. H.R. 3784: Mr. CRANE, Mrs. MUSGRAVE, and GOSS, and Mr. HUNTER): H.R. 977: Mrs. CHRISTENSEN. Mr. FLAKE. H. Res. 557. A resolution relating to the lib- H.R. 1034: Mr. WAXMAN, Ms. MCCARTHY of eration of the Iraqi people and the valiant Missouri, and Ms. LOFGREN. H.R. 3799: Mr. RYUN of Kansas. service of the United States Armed Forces H.R. 1083: Mr. BERMAN, Mr. SANDLIN, Mr. H.R. 3801: Mr. THOMPSON of Mississippi, Mr. and Coalition forces; to the Committee on BACA, and Mrs. WILSON of New Mexico. BOUCHER, Mrs. JO ANN DAVIS of Virginia, Mr. International Relations, and in addition to H.R. 1084: Mr. ROGERS of Michigan. FEENEY, and Mr. KING of Iowa. the Committee on Armed Services, for a pe- H.R. 1501: Ms. WOOLSEY, Ms. DEGETTE, Mr. H.R. 3802: Mr. PLATTS, Mr. CLAY, Mr. SKEL- riod to be subsequently determined by the RUSH, Mr. ACEVEDO-VILA´ , Mr. MCDERMOTT, TON, Mr. LIPINSKI, Mr. BALLANCE, Mr. BOU- Speaker, in each case for consideration of and Mr. SCHIFF. CHER, Mr. SCHIFF, Mr. STARK, Mr. GRIJALVA, such provisions as fall within the jurisdic- H.R. 1567: Mrs. JO ANN DAVIS of Virginia. and Mr. LATOURETTE. tion of the committee concerned. H.R. 1690: Ms. ROYBAL-ALLARD. H.R. 3803: Mr. KENNEDY of Rhode Island, By Mr. BEREUTER (for himself, Mr. H.R. 1700: Mr. PAYNE. Mr. ABERCROMBIE, Ms. CARSON of Indiana, Ms. JACKSON-LEE of Texas, and Mr. WEXLER, Mr. GILLMOR, and Mr. H.R. 1726: Mr. WOLF. GRIJALVA. SHIMKUS): H.R. 1734: Mr. CRAMER, Mrs. CAPITO, and H. Res. 558. A resolution welcoming the ac- Mr. UDALL of Colorado. H.R. 3804: Mr. BURR. cession of Bulgaria, Estonia, Latvia, Lith- H.R. 1742: Ms. LEE and Mr. ISSA. H.R. 3818: Mr. LARSEN of Washington, Mr. uania, Romania, Slovakia, and Slovenia to H.R. 1864: Mr. ANDREWS. GREENWOOD, Mr. MOORE, Mr. MEEKS of New the North Atlantic Treaty Organization H.R. 1873: Mr. SENSENBRENNER. York, and Mr. SULLIVAN. (NATO), and for other purposes; to the Com- H.R. 2107: Mr. FRANK of Massachusetts, Mr. H.R. 3847: Mr. ROTHMAN. mittee on International Relations. RUSH, and Mr. LANTOS. H.R. 3857: Mr. CRANE and Mr. SHAW. By Mr. GIBBONS (for himself, Mr. H.R. 2173: Ms. WOOLSEY, Mr. LEWIS of Geor- H.R. 3860: Mr. RYAN of Wisconsin. REYES, Mr. FOLEY, and Ms. DUNN): gia, and Mr. MEEKS of New York. H.R. 3867: Mr. DAVIS of Illinois and Ms. H. Res. 559. A resolution expressing condo- H.R. 2402: Mr. FRANK of Massachusetts. MAJETTE. lences to the families of the individuals H.R. 2536: Mr. BROWN of Ohio and Mr. H.R. 3879: Ms. CORRINE BROWN of Florida. killed in the terrorist bombing attacks in CARDOZA. H.R. 3888: Mr. JACKSON of Illinois and Mr. Madrid that occurred on March 11, 2004, and H.R. 2612: Mrs. DAVIS of California. HOEFFEL. expressing deepest sympathy to the individ- H.R. 2732: Mr. CHOCOLA. H.R. 3913: Mr. BAKER. uals injured in those attacks and to the peo- H.R. 2735: Mr. BROWN of South Carolina, H.J. Res. 56: Mr. NEY. ple of the Kingdom of Spain; to the Com- Mr. CLAY, and Ms. BERKLEY. H. Con. Res. 314: Mr. OLVER and Mr. KEN- mittee on International Relations. H.R. 2863: Mr. HOLDEN. NEDY of Rhode Island. By Mrs. MCCARTHY of New York (for H.R. 3090: Mr. FRANK of Massachusetts. H. Con. Res. 321: Mrs. MCCARTHY of New herself, Ms. BORDALLO, Mrs. H.R. 3104: Mr. CLAY, Mr. OLVER, Mrs. York. TAUSCHER, Ms. WOOLSEY, Ms. LORET- KELLY, Mr. THOMPSON of Mississippi, Ms. H. Con. Res. 332: Mr. UDALL of Colorado, TA SANCHEZ of California, Mrs. CORRINE BROWN of Florida, Mr. HINCHEY, Ms. Mr. PORTER, Mr. MOORE, Mr. TERRY, Mr. KELLY, Ms. HARRIS, Mrs. BIGGERT, HART, Mrs. DAVIS of California, and Mr. RYAN of Wisconsin, Mr. HOLT, and Mr. Mrs. JONES of Ohio, Mrs. CAPPS, Ms. MEEKS of New York. BALLANCE. ROS-LEHTINEN, Mrs. LOWEY, Mrs. H.R. 3177: Mr. MILLER of Florida. H. Con. Res. 369: Mr. GRIJALVA, Mr. SCOTT JOHNSON of Connecticut, Ms. H.R. 3192: Mr. FARR. of Virginia, and Mr. KUCINICH. DELAURO, Ms. PRYCE of Ohio, Ms. H.R. 3193: Mr. GARY G. MILLER of Cali- H. Con. Res. 371: Mr. FOLEY. PELOSI, Ms. SLAUGHTER, Mrs. fornia and Mr. ISSA. H. Con. Res. 378: Mr. FILNER. MALONEY, Ms. NORTON, Mrs. H.R. 3215: Mr. COLLINS, Mr. BURTON of Indi- H. Res. 38: Mr. PAYNE. BLACKBURN, Ms. MCCOLLUM, Ms. HAR- ana, Mr. CHABOT, Mr. SMITH of Michigan, and H. Res. 313: Mr. WAMP and Mr. PLATTS. MAN, Mrs. DAVIS of California, Ms. Mr. WELDON of Florida. H. Res. 402: Ms. ROS-LEHTINEN. DEGETTE, Ms. WATERS, Ms. CARSON of H.R. 3313: Mrs. JO ANNE DAVIS of Virginia. H. Res. 466: Mr. STARK and Mr. HINOJOSA. Indiana, Mr. WEXLER, and Ms. H.R. 3350: Mr. BISHOP of Georgia and Mr. H. Res. 528: Mr. HERGER, Mr. WYNN, Mr. MILLENDER-MCDONALD): WAXMAN. LEWIS of Georgia, Mr. BURTON of Indiana, H. Res. 560. A resolution expressing the H.R. 3359: Mr. KILDEE. Mr. PENCE, and Mr. WOLF. sense of the House of Representatives that H.R. 3369: Mr. SMITH of Texas. H. Res. 542: Mrs. LOWEY, Mr. BRADY of the Girl Scouts of the United States of H.R. 3390: Mr. INSLEE and Mr. PAUL. Pennsylvania, and Mr. BERMAN.

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L11MR7.100 H11PT1 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, THURSDAY, MARCH 11, 2004 No. 31 Senate The Senate met at 9:30 a.m. and was our consideration of S. Con. Res. 95, RESERVATION OF LEADER TIME called to order by the President pro the budget resolution. There are 14 The PRESIDENT pro tempore. Under tempore (Mr. STEVENS). hours remaining under the statutory the previous order, the leadership time The PRESIDENT pro tempore. To- time limit for debate. Under the Budg- is reserved. day’s prayer will be offered by our et Act it is in order to yield back time, f guest Chaplain, Dr. Donald A. Harp, and that may occur at the managers’ Jr., of the Peachtree Road United discretion over the course of this morn- CONGRESSIONAL BUDGET FOR Methodist Church, Atlanta, GA. ing and early afternoon. THE UNITED STATES GOVERN- Once time is used or yielded back, we MENT FOR FISCAL YEAR 2005 PRAYER would expect to begin a series of roll- The PRESIDENT pro tempore. Under The guest chaplain offered the fol- call votes which would include passage the previous order, the Senate will re- lowing prayer: of the resolution. Again, the timing for sume consideration of S. Con Res. 95, Let us pray. that final vote will be determined by which the clerk will report. O God, our help in ages past and our the number of amendments and how The legislative clerk read as follows: hope for years to come, we offer our soon we get to the series of rollcall A concurrent resolution (S. Con. Res. 95) words of thanksgiving for our Nation votes. I do want to encourage our col- setting forth the congressional budget for and the freedoms that are ours. Hear leagues that once we begin that series the United States Government for fiscal year 2005 and including the appropriate budgetary our words of thanksgiving for those of rollcall votes, we do it in a very levels for fiscal years 2006 through 2009. men and women who gave their lives timely, orderly fashion. Pending: that this freedom is ours today. We made very good progress on the Corzine amendment No. 2777, to eliminate Inspire this body to reach decisions resolution yesterday, conducting six tax breaks for those with incomes greater based on truth, wisdom, compassion, rollcall votes and disposing of eight than $1 million and reserve the savings to and fairness for all. Bless each Senator amendments. The chairman and rank- prevent future cuts in Social Security bene- with the ability to reach decisions re- ing member are here today on the floor fits. flecting our heritage as a ‘‘nation ready to work through the amend- The PRESIDENT pro tempore. The under God.’’ ments to the resolution. Therefore, Senator from California. Bless our President and the decisions Senators should expect a very busy Mrs. BOXER. Mr. President, I ask he reaches on behalf of our Nation. day, as we all know and have appro- unanimous consent the pending amend- Watch over and care for those men and priately planned for a late evening to- ment be laid aside. women in our military and bring them night, with rollcall votes throughout. The PRESIDENT pro tempore. Is home safely. We offer this our prayer there objection? in God’s Holy Name. Amen. f Mr. NICKLES. Mr. President, reserv- f ing the right to object, I have yet to have a chance to review the amend- MEASURE PLACED ON THE PLEDGE OF ALLEGIANCE ment of the Senator from California. I CALENDAR—H.R. 1997 The PRESIDENT pro tempore led the object at this point and I expect in the pledge of Allegiance, as follows: Mr. FRIST. Mr. President, I under- near future I will be happy to accom- I pledge allegiance to the Flag of the stand that there is a bill at the desk modate our friend. She can begin her United States of America, and to the Repub- that is due for a second reading. debate and maybe that will help clarify lic for which it stands, one nation under God, The PRESIDENT pro tempore. The the intention of her amendment. indivisible, with liberty and justice for all. clerk will report the bill by title. Mrs. BOXER. Mr. President, I appre- f The legislative clerk read as follows: ciate that. I am so sorry. I was sure Senator NICKLES had seen this amend- RECOGNITION OF THE MAJORITY A bill (H.R. 1997) to amend title 18, United ment. I don’t think there is anything LEADER States Code, and the Uniform Code of Mili- tary Justice to protect unborn children from surprising. It is essentially a jobs The PRESIDENT pro tempore. The assault and murder, and for other purposes. amendment, initiatives that have been majority leader is recognized. introduced by other Senators. We pack- Mr. FRIST. I object to further pro- f aged it in one package. ceedings. The PRESIDENT pro tempore. Does SCHEDULE The PRESIDENT pro tempore. The the Senator from California seek time Mr. FRIST. Mr. President, today the bill will be set on the calendar. from the manager on your side for pro- Senate will work toward completion of Mr. FRIST. I yield the floor. ceeding?

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

S2591

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VerDate jul 14 2003 23:53 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.000 S11PT1 S2592 CONGRESSIONAL RECORD — SENATE March 11, 2004 Mrs. BOXER. I ask Senator CONRAD if There is very little in the private sec- gates, functional totals, allocations, discre- he wants me to take time by discussing tor. tionary spending limits, and other appro- Senator CORZINE’s amendment and Mr. NICKLES. Mr. President, will the priate levels and limits in this resolution by making other remarks or take time off Senator from California yield? up to $24,000,000,000 over the total of fiscal Mrs. BOXER. I will if I can reserve years 2005 through 2009 for a bill, joint reso- the managers’ time? Either way he lution, motion, amendment, or conference wants it. the remainder of my time. report that would provide resources for job The PRESIDENT pro tempore. The Mr. NICKLES. Mr. President, we creation, discourage outsourcing of jobs, pro- Senator from North Dakota. have entered into a time agreement vide a tax credit for the creation of new Mr. CONRAD. I thank the Chair. How where the total time consumed on the manufacturing jobs in the United States, much time would the Senator need? Boxer amendment will be 20 minutes provide small businesses with a tax credit for Mrs. BOXER. I was hopeful, when I equally divided. health care coverage, restore funding to the spoke last night, that I could have 20 The PRESIDENT pro tempore. Is Manufacturing Extension Program and to there objection? Without objection, it the Advanced Technology Partnership, in- to 30 minutes for the entire amend- crease spending on federal science research ment. That would be fine for me. is so ordered. activities, prohibit the use of tax dollars to Mr. CONRAD. Mr. Chairman, might AMENDMENT NO. 2783 outsource non-defense and non-homeland se- we agree to a time on her amendment Mrs. BOXER. Mr. President, I ask curity government contracts abroad, require of 30 minutes equally divided? unanimous consent to set aside the employers to provide workers advance notice Mrs. BOXER. No, no, 30 minutes on Corzine amendment and send my of any intention to move their jobs offshore, my side, or 20 minutes on my side. amendment to the desk. and expand Trade Adjustment Assistance to Mr. CONRAD. Then 40 minutes equal- The PRESIDENT pro tempore. With- include service workers and improve access to affordable health care. ly divided? Is that what the Senator is out objection, it is so ordered. seeking? The clerk will report. Mrs. BOXER. Mr. President, let me Mrs. BOXER. No, 20 minutes a side. The legislative clerk read as follows: continue with the story that is not a Mr. CONRAD. Yes, 40 minutes equal- The Senator from California [Mrs. BOXER], very happy story about job loss. We ly divided. for herself and Mr. DASCHLE, Mr. SARBANES, have seen 3 million jobs lost in the last Mr. NICKLES. I still haven’t re- Mrs. CLINTON, Mr. SCHUMER, Mr. KENNEDY, 31⁄2 years. We see unemployment for 27 viewed the amendment. I will do this: I Mr. KOHL, Mr. DURBIN, Mr. LEVIN, and Mr. weeks or longer. We see that 1.9 million DODD, proposes an amendment numbered workers are unemployed for more than tell my colleague I am happy to enter 2783. into time agreements on a lot of 6 months. We have statistics that say Mrs. BOXER. Mr. President, I ask amendments but I will state I want to although the unemployment rate looks unanimous consent that reading of the see the amendments first. I know there to be 5.6 percent, in reality it is over 9 amendment be dispensed with. is a whole package of amendments. I percent if you factor in the people who The PRESIDING OFFICER. Without suggest we go under the assumption it have given up their search for jobs. We objection, it is so ordered. see the smallest share of the popu- will be that. I will grant you that in The amendment is as follows: just a moment. lation at work since 1994, with 62.2 per- (Purpose: To create jobs, to discourage the cent of the population unemployed. Mr. CONRAD. I yield 20 minutes to shipping of jobs overseas, and provide ad- the Senator from California at this These are startling statistics. justment assistance for dislocated workers, Manufacturing jobs in America: point, just for her side. by changing the tax treatment of certain From 1993 to 2000, 385,000 manufac- The PRESIDENT pro tempore. The income from runaway plants and by reduc- turing jobs created; and from 2001 to Senator is recognized for 20 minutes. ing tax breaks for individuals with incomes 2003, 2.785 thousand jobs lost. That is Mrs. BOXER. I thank my colleague in excess of one million dollars per year, 75,270 jobs lost per month. For my peo- very much. I have been looking forward without affecting middle-class taxpayers) ple in California, we have seen an enor- to offering this amendment. I hope at On page 3, line 9, increase the amount by mous drop in manufacturing jobs. the appropriate moment in time I will $8,000,000,000. On page 3, line 10, increase the amount by I want to show my colleagues the be able to send it to the desk. $8,000,000,000. context of this job loss if we look back Mr. President, if you were to go out On page 3, line 11, increase the amount by to other administrations. This is the all over this country and ask most of $8,000,000,000. average number of jobs created or lost On page 3, line 17, increase the amount by our constituents from every State in per month. Under Ronald Reagan, we the Union what is on their minds, they $8,000,000,000. On page 3, line 18, increase the amount by had 165,000 jobs per month; under are going to say it is the economy; it is George H. Bush, we had 47,604 jobs cre- jobs; it is their security. In this par- $8,000,000,000. On page 3, line 19, increase the amount by ated every month; under Bill Clinton, ticular budget we should do much more $8,000,000,000. we had 236,625 jobs created per month; to ensure that jobs are created and On page 4, line 20, increase the amount by and under George W. Bush, 58,815 jobs that our families are protected. So $8,000,000,000. On page 4, line 21, increase the amount by per month on average lost. what we do in this amendment, which By any standard, this is a unique we pay for, is a number of initiatives $8,000,000,000. On page 4, line 22, increase the amount by time. We have a chance to do some- which will help us create and retain $8,000,000,000. thing about it with this budget resolu- jobs in this great country. On page 5, line 3, decrease the amount by tion. First of all, I want to give my col- $8,000,000,000. California jobs: From 1993 to 2000, leagues a sense of why this is so impor- On page 5, line 4, decrease the amount by under the Clinton administration, tant. The amendment I am offering is $16,000,000,000. 25,644 jobs were created per month in cosponsored by Senators DASCHLE, On page 5, line 5, decrease the amount by $24,000,000,000. my State of 35 million people. Under SARBANES, CLINTON, SCHUMER, KEN- On page 5, line 6, decrease the amount by George W. Bush, 284,900 jobs lost. That NEDY, KOHL, DURBIN, LEVIN and DODD. I $24,000,000,000. is 7,913 jobs lost per month. Nearly see Senator KOHL is here. I am hopeful On page 5, line 7, decrease the amount by 8,000 jobs are lost per month in my he will want to make a few comments $24,000,000,000. State. That is about 8,000 family mem- as well. On page 5, line 11, decrease the amount by $8,000,000,000. bers coming home to tell their families Let me paint a picture of where we they are in big trouble. We ought to do are. I think the best way to do it is just On page 5, line 12, decrease the amount by $16,000,000,000. something about it. The good news is show a series of charts, that are very On page 5, line 13, decrease the amount by we can do something about it with this clear: $24,000,000,000. amendment I offered. Private sector jobs decline: Three million On page 5, line 14, decrease the amount by I want to show one more chart. jobs lost since January 2001. $24,000,000,000. President Bush promised a whole dif- We see the incredible graph that just On page 5, line 15, decrease the amount by ferent story—promises, promises, wish- $24,000,000,000. shows, essentially, almost a straight At the end of title II, insert the following: ful thinking on jobs. The Bush admin- line down. We did see in February we SEC. . RESERVE FUND FOR JOB CREATION. istration has consistently over-pre- had a little increase of 21,000 jobs, as I The Chairman of the Committee on the dicted job growth for 2002, 2003, and understand it, in the public sector. Budget of the Senate shall revise the aggre- 2004.

VerDate jul 14 2003 23:53 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.003 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2593 Today, I read in the paper that the I want to briefly tell you about each In my own State, the Defense Depart- President is going to appoint a manu- of these job creation plans. ment wanted to buy rice for Iraq. In- facturing jobs czar. He came to a deci- Be providing a tax credit for creating stead of buying it from California, sion about the individual he wants to new manufacturing jobs—this is a tax which has the best rice in the world, appoint. We have learned that this par- credit that goes to businesses that cre- they bought it from a foreign country. ticular individual built a plant in ate jobs in manufacturing, originally That is my farmers, taxpayer dollars, China. Whether he will continue with sponsored by Senator JOHN KERRY—the and all my people’s dollars going into that nomination, I do not know, but manufacturing jobs tax credit gives the the war effort. We give a contract on clearly that sends a very mixed signal, tax cut to companies that create a new rice to a foreign country when the sons to be polite about it. factory job in 2004, 2005 and 2006. This is and daughters of our farmers and our Let me talk for a moment about the a good thing for business. It is a great people are going to war. I don’t get it. amendment I am offering to protect thing for workers. It is a good way to This is an important amendment. We America’s jobs. deal with this issue. are improving the Trade Adjustment How much time do I have remaining? We increase the funding for the Man- Assistance Program and extending it The PRESIDENT pro tempore. The ufacturing Extension Partnership. It to service workers. That means help Senator has 15 minutes 42 seconds. sets aside $110 million of the reserve for people who are pushed out of a job Mrs. BOXER. Thank you. fund for the Manufacturing Extension because of trade agreements. Our amendment creates a $24 billion Partnership Program. In 2003, this pro- I will save some time for colleagues. job reserve fund for the following pur- gram helped create or retain 35,000 How much time remains? poses: jobs. The PRESIDENT pro tempore. The The Manufacturing Extension Part- The administration only asks for $13 Senator has 7 minutes 24 seconds. nership Program, $110 million cost; Ad- million in 2004, and it is requesting Mrs. BOXER. I yield 4 minutes to vanced Technology Program, $125 mil- only $39 million for 2005. They say they Senator KOHL. lion cost; Federal science at $1 billion care about jobs, but they ought to do The PRESIDENT pro tempore. Sen- cost; new manufacturing jobs tax cred- more, and $110 million will create a lot ator KOHL is recognized for 4 minutes. Mr. KOHL. I come to the Senate it at $7 billion cost; small business more jobs. today as a cosponsor to the Boxer-Dodd health insurance tax credit at $14 bil- For the Advanced Technology Pro- amendment. lion cost; stop jobs from moving over- gram, this amendment sets aside $140 million in the reserve fund. The admin- I thank my colleague from California seas and end the runaway plant tax for pulling together this package—and break, which saves $2 billion; the Dodd istration proposes zeroing out this ATP program. The ATP helps companies get for including a provision I authored to amendment with no Federal funds for restore the funding for the Manufac- outsourcing, no cost; worker notifica- to market and grow, and that means jobs. Of the first 33 small companies to turing Extension Program, MEP. I tion, which is Senator DASCHLE’s complete ATP programs, 60 percent hope my colleagues will join us in re- amendment in relation to jobs moving doubled in size, and 4 grew more than sounding, bipartisan vote for the overseas, no cost; and worker assist- 1,000 percent. The ATP program bridges amendment. It remedies a serious fail- ance and trade adjustment expansion the gap between the research lab and ing of the budget before us. for service workers and expanded the marketplace. We need to see that A budget worthy of the Senate’s sup- health insurance, $2 billion. port should have vision. It should point The way we pay for this amendment go up to this $140 million level. I might say, even with that, it is still less than the way to a better world for our work- is the following: We end the runaway ers, our families, and our communities. plant tax break, which brings in $2 bil- we have spent in the past on the pro- gram. George Bush, in 2005, requests Senator BOXER’s amendment has a vi- lion, and we reduce tax breaks for mil- sion for bringing good jobs back to our lionaires, which brings in another $1 zero for this important program. Then we have Federal research and shores—and training a workforce able billion. development, which is so key, at the to fill and create such jobs. Without I want to spend just a moment ex- National Science Foundation. It falls the Boxer amendment, the budget will plaining why I think that is fair. If you $1 billion short of what is called for in remain a document whose only answer earn over $1 million, under the Bush the bill we passed 5 years ago. It is to the deterioration of the manufac- tax cut you are going to get a refund of very important. When President Bush turing job base is upper income tax about $140,000 every single year. says he increases Federal research by 5 cuts cloaked in discredited trickle- Let me rephrase that. You are going percent, the problem for our Nation’s down economic theory. to get a tax cut of $127,000 every single researchers and research institutions is I am particularly pleased that Sen- year. We reduce that refund to $85,000 that increase is largely targeted for ator BOXER’s amendment provides the for a very noble purpose. That purpose weapons development. However, we resources to increase funding for the is to get America back to work and to have other things we need to do which Manufacturing Extension Program help our middle-class families. will create jobs, as well. That is the from the $39.6 million suggested in the I think if you ask the average person purpose of this amendment. President’s budget to $100 million, fully in your State, just from what I can tell The health insurance tax credit for funding the program for fiscal year by looking at polls and talking to peo- small business is clear. If business pays 2005. I intended to offer this as a free- ple, they will say even if they were in health insurance for its people, we standing amendment, but in the inter- that millionaire category, we will have think they ought to get a tax break. est of time, I will defer to my colleague a stronger economy and more people That is the kind of tax break we be- from California. I commend her for al- working by not giving millionaires lieve in on this side of the aisle because lowing the Senate to go on record on $127,000 a year from their taxes. it is to encourage businesses to help this vital program. We reduce it to $85,000. Let us talk employees with their health care. Manufacturing makes up 25 percent about that. They will now get back We end tax subsidies to U.S. compa- of Wisconsin’s economy—making Wis- $85,000. How much is that? That is 7.5 nies that send plants overseas. This is consin the fourth largest manufac- times the annual income of a min- a Dorgan-Mikulski idea. This amend- turing State in the Nation, tied with imum-wage worker, just in the million- ment includes language bringing to an Michigan. While that statistic may aire tax cut. We are, in fact, cutting it end tax subsidies for employers that conjure up images of huge businesses, to $85,000, but that is 7.5 times the an- ship production of goods abroad. This in Wisconsin, 89 percent of our manu- nual income of a minimum-wage work- part brings $2 billion. facturers have fewer than 100 employ- er. It is also two times the median We prohibit Federal funds from being ees. These small- and medium-sized household income. If you are a million- used for offshore jobs. This is Senator firms are consistent forces for manu- aire and get back $85,000 a year instead DODD’s amendment that passed the facturing job creation and are less like- of $127,000, you are still getting back Senate 70 to 26. When we give State ly than larger firms to outsource jobs. every year twice the median household and local governments Federal funds Smaller manufacturers pay good wages income and 7.5 times the annual in- and when we decide to issue contracts, and contribute to the overall vitality come of a minimum-wage worker. the jobs ought to stay here. of the local economy.

VerDate jul 14 2003 02:01 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.006 S11PT1 S2594 CONGRESSIONAL RECORD — SENATE March 11, 2004 In Wisconsin, the unemployment rate Mr. KOHL. Let me quote from that Again, the Senator from California is dropped to 5 percent, but these figures letter: so passionate on this issue. I would like hide the disappearance of the solid We need to prioritize our economic devel- to hear the Senator’s perspective and manufacturing jobs on which Wiscon- opment initiatives and judiciously place tax- how this amendment will help those sin’s prosperity once rested. In Janu- payer dollars in those investments that pro- sectors. ary, the number of factory jobs in Wis- vide the best return for our state and our Mrs. BOXER. Clearly, we give tax consin fell to the lowest level in more country. There are many programs that breaks in this amendment to small should not make the cut. However, MEP is than a decade—even as unemployment one government investment that ranks at businesses that pay or help pay for fell. Since 2000, we have lost one out of the top when evaluated against criteria of their employees’ health benefits. every seven manufacturing jobs—79,000 national need, effectiveness and results. We When we talk to people, they are in total. should not shortchange or undercut this ex- scared about the cost of health insur- In Wisconsin, and across our Nation, cellent program. ance. They are frightened. They are MEP is one Federal program actively I ask my colleagues, isn’t MEP ex- frightened that the costs are going up, and effectively combating this deterio- actly the sort of program a budget with that they may lose it, not to mention ration of the manufacturing base. By vision would support, a program, as their entanglements with HMOs that helping small- and medium-sized man- Mr. Haney says, that brings real re- want to walk away. ufacturers streamline production, inte- turns—jobs, economic growth, hope— We say to employers, employees, we grate new technologies, and improve from our scarce taxpayer dollar, a pro- will help if, in fact, you pay for your competitiveness, MEP has created or gram that has received strong bipar- employees’ health care, or at least part saved more than 35,000 manufacturing tisan support at the State and national of it. jobs nationwide during the last fiscal level, a program that faces our chal- We also give a manufacturing jobs year. In Wisconsin, the program is sup- lenges head on—and taps the innova- tax credit. And this is Senator KERRY’s ported—and used—by scores of manu- tion and work ethic of American busi- idea. facturers and the largest business asso- nesses to solve them? The PRESIDING OFFICER (Ms. MUR- ciation in my State: Wisconsin Manu- The Boxer amendment in so many KOWSKI). The Senator’s time has ex- facturers and Commerce. ways adds vision to a budget that is pired. I ask unanimous consent that a let- blind when it comes to the trials of the Mrs. BOXER. Madam President, do I ter of support for the MEP from Jim American manufacturing sector. It have a remaining minute on my time? Haney, President of Wisconsin Manu- adds courage to a budget frightened to The PRESIDING OFFICER. All the facturers and Commerce be printed in acknowledge the serious jeopardy our time has been used. the RECORD. economy faces. And it adds common Mr. CONRAD. Madam President, I There being no objection, the mate- sense to a budget that calls for short yield an additional 20 minutes off the rial was ordered to be printed in the sighted cuts in programs, like MEP, resolution to the Senator from Cali- RECORD, as follows: that offer a tenfold return on taxpayer fornia. WISCONSIN MANUFACTURERS dollars. Mrs. BOXER. I thank my friend. & COMMERCE, I urge my colleagues to support the The PRESIDING OFFICER. The Sen- Madison, WI, February 27, 2004. Boxer amendment. I urge the Senate to ator is recognized for 20 minutes. Hon. HERB KOHL, continue to work to amend this Budget Mrs. BOXER. So I say to my friend U.S. Senate, Hart Senate Office Building, resolution to turn it into the plan that from Arkansas—because I would like to Washington, DC. our Nation needs and deserves. continue this give-and-take—what we DEAR SENATOR KOHL: It was a pleasure to are seeing is a devastating change in tour Berntsen International with you last The PRESIDENT pro tempore. The week in Madison. This company is just one Senator from Arkansas is recognized what has been known as economic example of many WMEP success stories that for 2 minutes. progress in America—a devastating I have personally witnessed in Wisconsin. I Mr. PRYOR. Mr. President, I wish to change—something we have not seen completely agree with you that MEP is one ask the Senator from California a ques- since Herbert Hoover. This is serious of the best government investments around, tion. I have been reading in the busi- business. and it should be fully supported at the state ness magazines and the newspapers For our small businesses that are and federal level. about the jobless recovery we are hav- creating whatever jobs are being cre- Wisconsin Manufacturers and Commerce is ing and I wonder, if the Senator from ated—although we still are not seeing a an association representing 4,300 members. As the largest business association in Wis- California feels so passionately about net increase in those jobs—we need consin, we are first and foremost concerned creating jobs in this country, if she them to get help. So in this amend- about the business climate in the state. Our could give me a historical perspective ment not only do we suggest a reserve primary priorities are to reduce the tax and about what we are talking in job cre- fund to help our workers, but we sug- regulatory burden on our businesses. But we ation in the last 3 years. gest tax credits and tax breaks to our also recognize where smart and appropriate Mrs. BOXER. I thank the Senator for businesses that create manufacturing investment of public dollars can produce re- asking this question. I have never jobs. For every job they create, they sults for business in the state. known that we have offered such a get a tax credit, and also for those We need to prioritize our economic devel- opment initiatives and judiciously place tax- comprehensive jobs amendment on a businesses that pay for health care for payer dollars in those investments that pro- budget resolution. These are not ordi- workers. vide the best return for our state and our nary times. So I think the question was right on country. There are many programs that My friend is right when he asked this the mark. should not make the cut. However, MEP is question. If we go back over time to I would be glad if my friend has any one government investment that ranks at Herbert Hoover in the Depression years other questions. the top when evaluated against criteria of in the 1930s, that is the only time we Mr. PRYOR. Madam President, will national need, effectiveness and results. We have actually lost jobs. We have cre- the Senator would yield for another should not shortchange or undercut this ex- ated jobs under Roosevelt, Truman, Ei- question? cellent program. I understand the Senate Commerce, Jus- senhower, Kennedy, Johnson, Nixon, Mrs. BOXER. I am happy to yield. tice, and State Appropriations Committee Ford, Carter, Reagan, George H.W. Mr. PRYOR. So it seems you are pro- will be reviewing manufacturing support pri- Bush, Clinton, and now we are down to viding tax relief for companies that are orities with Secretary Evans this week. this and we have seen 3 million jobs trying to, in effect, stimulate the econ- Please urge Secretary Evans to do what he lost. We need a jobs amendment. omy and trying to create jobs in this can to restore MEP funding support to the Mr. PRYOR. If the Senator will yield country. Again, as I understand eco- FY03 level of $106 million. for another question, I notice in all the nomic principles and the reality of this Feel free to call me at 608–258–3400 to talk statistics, small business is the sector economy, it is small businesses that more about MEP and its impact in Wis- consin. of the economy that creates jobs and create jobs in this country. With all Sincerely, R&D is critical for creating jobs; also, due respect to the top 500 or 1,000 com- JAMES HANEY, the area we are struggling in in this panies—we love to have them, and I am President. country is manufacturing jobs. proud of what they do—it is the small

VerDate jul 14 2003 23:53 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.002 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2595 businesses, when you are talking about Mr. PRYOR. Madam President, I just ment. This is what is happening in the bread-and-butter job creation, that have one more observation to make, America. do that. and I will be glad to yield the floor. It I know some colleagues are here who I know the Senator’s amendment seems to me our economy is changing. would like to be heard on this amend- would help small businesses consider- As a Congress, we need to recognize ment, which I am very pleased about. ably, not just in the manufacturing that, we need to understand that, and Madam President, I ask unanimous sector but in other areas. try to harness that change in a positive consent to have printed in the RECORD I would just like you to comment on way for our economy. this Washington Post article from that. One area our economy has changed today: ‘‘Bush Choice for Manufacturing Mrs. BOXER. Absolutely. quite a bit in the last several years is Post in Question.’’ This health care tax credit is very we have gone more and more to a serv- There being no objection, the mate- important as well. ice-oriented economy rather than just rial was ordered to be printed in the In my State, my small businesses purely a manufacturing economy. Back RECORD, as follows: that do the right thing by their em- in the 1960s, the Congress passed some- ployees are being hurt. We ought to [From the Washington Post, Mar. 11, 2004] thing called Trade Adjustment Assist- recognize if you do the right thing, you BUSH CHOICE FOR MANUFACTURING POST IN ance. What it did is it provided sort of ought to get rewarded for it. So that is QUESTION a package of various programs for why we do this. (By Mike Allen and Jonathan Weissman) I say to my friend, he is right; this workers who had been dislocated—who Six months after promising to create an of- jobs amendment helps workers and had been downsized, in today’s fice to help the nation’s struggling manufac- helps businesses. It is a balanced ap- vernacular. turers, President Bush settled on someone to proach. What I think we ought to do, and head it, but the nomination was being recon- Here is how we encourage the cre- what this amendment does—and I sidered last night after Democrats revealed that his candidate had opened a factory in ation of American jobs: We provide tax think it is very smart to do this and move in that direction—is it gives China. credits to companies that create new Several officials said the nomination may jobs. We provide tax credits to help workers in the service industries those be scrapped because of the political risk but small businesses pay for health insur- same TAA benefits. said that had not been decided. Bush’s oppo- ance. We expand funding to the Manu- The reason I think that is important nent, Sen. John F. Kerry (D-Mass), has made facturing Extension Partnership and is because a much larger percentage of job losses his chief point of attack, and some the Advanced Technology Program, our economy is now based on the serv- administration officials feared the nomina- which really helps small businesses in ice industries, and what we are seeing tion could hand him fresh ammunition. is the trend that those service jobs are In late afternoon, the administration an- an enormous way. What we do with nounced that the new assistant secretary of these programs is we help them go moving offshore. We have heard about call centers and other things going off- commerce for manufacturing and services from the research part of things to the would be named at a ceremony this morning. marketing part of things. It has been a shore. That is exactly what we are see- Industry officials were told that the job huge success. ing. would go to Anthony F. Raimondo, chairman Unfortunately, the President has ze- So, here again, the Boxer amendment and chief executive of a Nebraska company roed out the ATP. I cannot understand acknowledges the economic reality that makes metal buildings and grain silos. it. This is something our today and tries to help people who need But Kerry’s campaign, tipped off about the businesspeople really want. help most. impending nomination several hours earlier, Also, as to basic scientific research, Mrs. BOXER. Madam President, I hastened to distribute news reports that Raimondo’s firm, Behlen Manufacturing Co. we see it in the budget, but it is mostly thank my friend because he is exactly right. This outsourcing is a very tough of Columbus, Neb., had laid off 75 U.S. work- for defense weapons programs. We do ers in 2002, four months after announcing not have it on the civilian side. issue. I say to my friend, before he goes plans for a $3 million factory in northwest Again, coming from a State—I am to his committee hearing, I met a Beijing. sure your State has them, as well— young man in California who had an Bush aides said Behlen, founded in 1936, with very entrepreneurial people, who excellent job as a computer program has four U.S. plants employing 1,000 people really can take off from scientific re- manager. He is a newlywed and very and a 150,000-square-foot plant in China em- search, it is very important. excited about his life. He finds out he is ploying 180. I say to my friend, we pay for this. being fired, not because he is not a A senior administration official, who re- fused to be named because Raimondo has not We pay for this by ending—this is Sen- good employee—he is a great employee, been nominated, said Behlen has exported ator DORGAN’s idea—we end the tax terrific—but because his job is being products to China since 1984 but was losing break for companies that move off- outsourced to another country. And market share to other U.S. firms. The offi- shore. Oh, yes, they are creating jobs, the person over there is going to get a cial said that half the equipment used to but they are creating jobs offshore. quarter of what he makes. Now, here is build the factory was made in the United And we pay for it by saying to the mil- the real kicker. He is told he has to States. lionaires—people who make over $1 train his replacement. ‘‘This is not a case of making goods more million a year—we are saying to those I have to say, this is what is hap- cheaply in China to sell back in the U.S.,’’ pening all over America. If we cannot the official said. folks: Instead of getting $127,000 a year Democrats contended, however, that back, can you take $85,000 a year back? take a stand in this budget which re- Raimondo’s record helps illustrate why the That is still 7.5 times more than a flects all of our priorities as a nation, nation has lost 2.2 million jobs, most of them worker at the minimum wage. if we cannot take a stand for America’s in factories, during the Bush presidency. The So this is a golden moment for this workers and America’s small busi- layoffs have been concentrated in such swing Senate to come together across party nesses, I do not know why we are here. states as Pennsylvania, Michigan and Ohio. lines on behalf of our small businesses, What are we here for? Seventy-five minutes after the administra- on behalf of our workers, and create I ask my friend again to look at this tion announced a news conference with Com- chart which shows that the smallest merce Secretary Donald L. Evans to name jobs. the official, an advisory went out saying the I have already shown my colleague share of the population is at work since event had been ‘‘postponed due to scheduling the historic proportions of this mo- 1994. This is not a good chart when you conflicts.’’ ment in history in which we find our- translate it into real lives of real peo- By last night, three senior administration selves: the worst record since Herbert ple—and we know the stories in our officials said Raimondo’s nomination might Hoover, the only Presidency since Her- States: a mother wakes up worried be- be scuttled but said they did not know for bert Hoover not to create jobs. This is cause her company says it no longer sure. Bush announced the new office with an extraordinary moment. We need to will pay health care—that is why we fanfare on Labor Day, and Democrats had take a moment to realize if a million- give a health care tax credit in this been saying for weeks that the long delay in naming the new assistant secretary reflected aire gets back $85,000 instead of amendment—a gentleman, as I de- the low priority that Bush puts on pre- $127,000, that is not a great sacrifice to scribed, is told by his boss: You are los- serving jobs. make for putting people to work, for ing your job. It is being outsourced, An aide close to Bush said last night the giving a lift to small business. and you have to train your replace- uncertainty about the nomination had

VerDate jul 14 2003 23:53 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.010 S11PT1 S2596 CONGRESSIONAL RECORD — SENATE March 11, 2004 ‘‘nothing to do with Senator Kerry or his would be happy to yield time off the focused on the right thing, making baseless charges.’’ This aide, who thought resolution to the Senator from Michi- sure we are using our tax system to the nomination would go forward, said the gan so it would not come out of her generate jobs. It is one of those issues delay ‘‘more has to do with congressional no- time. that is going to resonate most strongly tification issues and things like that than it does anything else.’’ Mrs. BOXER. Excellent. So how with the American people in 2004 be- The congressional issues concerned one of much time will the Senator yield off cause it matters in people’s lives more the senators from Raimondo’s home state, the resolution? than anything else. Sen. Chuck Hagel (R). An aide said last night Mr. CONRAD. I could yield 10 min- We have the worst job creation that Hagel had no comment. utes off the resolution to the Senator record in 75 years. Contrast that with Bush’s White House prides itself on orderli- from Michigan. How much time does what went on in the previous 8 years up ness but has been on the defensive on eco- the Senator from New Jersey seek? through 2000, where we created 22.5 nomic issues. Last month, the White House Mr. CORZINE. I would use 3 to 5 min- had to disavow its own estimate that 2.6 mil- million jobs with an entirely different lion jobs would be created this year. The utes. tax structure. We were focused on mak- same economic report, issued under Bush’s Mr. CONRAD. I am happy to yield 5 ing sure we were increasing the real signature, touted the economic efficiencies minutes off the resolution to the Sen- wages, increasing the earning power of of sending certain types of U.S. work over- ator from New Jersey. Americans. We did it by increasing the seas. Mrs. BOXER. I thank the Senator. demand. Business groups praised plans for the new The PRESIDING OFFICER. The Sen- The Senator from California has fo- position, which quickly became known ator from New Jersey. cused on just the right issue. Frankly, among industry officials as a ‘‘manufac- Mr. CORZINE. Madam President, I turing czar.’’ as the chart now before us illustrates, Raimondo, who is chairman of the Omaha thank the Senator from California for in job creation not only for the 1990s Branch Board of the Kansas City Federal Re- both raising the issue and addressing it but all the way back through President serve Board, contributed the maximum of with resources through this budget res- Bush 1 and President Reagan as well, $2,000 toward Bush’s reelection in June, a olution. There is hardly an issue in there was a serious effort to try to cre- month after the campaign opened for busi- America that is more important than ate jobs. We have a series of economic ness. that which has been very ably dem- policies right now that are under- Raimondo is a longtime board member of onstrated by the series of charts the mining not only job creation but the the National Association of Manufacturers. Senator from California has provided. Michael E. Baroody, the group’s executive real wages of American workers. It is vice president, called Raimondo ‘‘a class act We have before us the worst record of time we all take steps to try to correct who understands manufacturing and under- job creation in the last 70 years. It is that. stands public policy.’’ one that is not getting better anytime. Mrs. BOXER. Will the Senator yield When Bush announced the new position The only observation I will add to the for a question before his time expires? Sept. 1, he noted that the nation had ‘‘lost presentation of the Senator from Cali- Mr. CORZINE. Certainly. thousands of jobs in manufacturing . . . fornia is that not only are we losing Mrs. BOXER. When my friend goes some of it because production moved over- jobs, but when we lose those jobs it home to New Jersey and talks to peo- seas.’’ He made the announcement in Ohio, makes the competitive market for which last year suffered the second-worst job ple, does he find what I find; that peo- losses of any state, mostly in manufacturing. wages and real income for Americans ple are anxious, they are insecure, they go down. are concerned about retaining their Mrs. BOXER. Madam President, I The reality is for those people who job, retaining a good job, retaining will only read the first paragraph, and lose their jobs—and there have been health benefits? What I find is, even if then I would like to yield 5 minutes to roughly 3 million in the private sec- people have good jobs, they are fearful my friend from New Jersey, Senator tor—their likelihood of retaining an- of the cost of health insurance. CORZINE. other job that pays the same as the one As the Senator knows, in our Demo- Here is what it says: they have lost or the benefits they had cratic jobs alternative, we give a tax Six months after promising to create an of- in the job they have lost is virtually fice to help the nation’s struggling manufac- credit to businesses that pay for all or turers, President Bush settled on someone to nil. You see about 75 or 80 percent of part of health insurance. I wondered if head it, but the nomination was being recon- the equivalency of the compensation my friend has that same sense when he sidered last night after Democrats revealed for individuals who lose their jobs. goes to talk to his people at home? that this candidate had opened a factory in The problem is, we are putting more The PRESIDING OFFICER. The Sen- China. people on the job market. The normal ator from New Jersey has used 5 min- Now, I ask you, what signal are we economics of supply and demand are utes. sending to the workers of America, to undermining the real wages of the peo- Mrs. BOXER. I ask my friend if he the businesses of America, when the ple who remain in the workforce. So will yield an additional minute to the President’s No. 1 choice for manufac- not only are we getting more unem- Senator. turing czar has opened a business in ployed and fewer people working in the Mr. CONRAD. I yield an additional 3 China? overall workforce, but we are seeing a minutes to the Senator from New Jer- So if you put together this fact with reduction in real wages in the econ- sey off the resolution. this fact, with the chart I showed you omy. Mr. CORZINE. I appreciate the op- that illustrates the worst problem in This is an extraordinarily negative portunity to respond. job creation since Herbert Hoover, we cycle that is being set up. It is abso- First, a week ago Friday in New Jer- have an explosive situation on our lutely important that we reverse it. sey, we closed our next to last oil pro- hands. The vote on this amendment That is why this amendment is so im- duction facility. At the end of 2005, an should not be about parties; it should portant. It will encourage the creation industry that used to have several hun- be about our people, whether they are of American jobs in a way that begins dred thousand workers in New Jersey, in Alaska, Wyoming, New Jersey, creating greater demand which is going as recently as 10 years ago, will have Michigan, or California. to raise the wage of what we pay for zero autoworkers now. We closed a I yield 5 minutes to the Senator from the jobs we have. Ford plant a week ago Friday. At the New Jersey and ask, after yielding that Certainly, we need to stop this mad end of 2005, our final auto production time, how much time would be remain- rush of sending jobs overseas which is facility for GM will close. ing on my side? undermining also not only the number We have seen the shrinkage of work- The PRESIDING OFFICER. The Sen- of jobs in America but, as I say, is low- ers in the telecommunications indus- ator would have 41⁄2 minutes on her ering the real cost of real wages, which try, Lucent, and AT&T, which have side. is undermining the quality of life for been truly remarkable. Over 100,000 Mrs. BOXER. I yield Senator CORZINE everyone, not only the people who are telecommunications jobs have been 3 minutes and Senator STABENOW 4 unemployed but those who are work- lost over the last 4 years. It is incred- minutes. ing. ible the tension and the anxiety that Mr. CONRAD. Madam President, I This is a dangerous phenomenon. The people feel about both their ability to say to the Senator from California, I Senator from California has absolutely work and to care for their families. But

VerDate jul 14 2003 23:53 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.007 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2597 then to think about the responsibility Think about it. Moving it back on It is very common sense to say, rath- of health care and their retirement se- two-tenths of 1 percent of the popu- er than another tax cut for the privi- curity is overwhelmingly a part of the lation, to a point in time when eco- leged few, we want to invest in jobs and concerns that middle-class Americans nomic growth was the highest and the strong businesses in America for every- have. The kind of proposal the Senator most sustained we had in the 20th cen- one. That is what this amendment is from California is putting forth ad- tury, the most expansionary period we all about. dresses those real concerns. I reempha- had in the 20th century. In speaking about this, I want to, size, it is not only the people who lose What we are trying to do is turn once again, raise concern that after 6 their jobs; it is the people who live around the economic performance of months of the President talking about next door to those folks who see their the Nation so all will benefit as the putting someone in the Department of real wages being depleted to low levels. performance of our economy spreads Commerce to focus specifically on We are undermining the economic out. I think it is fair. It is smart be- manufacturing, we have yet to see that health and well-being of the Nation. cause it actually has been exhibited by person appointed. Mrs. BOXER. If the Senator will history that these kinds of rate struc- My deep concern is that I read in the yield, he is so right. Consumer con- tures are not inhibiting to the econ- paper today the person now being con- fidence is almost everything in our omy; they were a part of the economy sidered, after we have been encour- economy, which is a consumer-based at the most successful period in the aging this month after month, is some- economy. 20th century. one who actually has—I don’t know I took economics, so I have an eco- Mrs. BOXER. I have one more ques- this gentleman and this is certainly nomics background from my college tion and that is it. First, I ask unani- not a personal attack. I certainly don’t years. But my friend practiced econom- mous consent that Senators MIKULSKI know him, but I do know of my con- ics and did very well at it. What he and DORGAN be added as cosponsors of cern that his company, Behlen Manu- says is so important. If your next-door the amendment. facturing, of Columbus, NE, laid off 75 neighbor is suffering because of a loss The PRESIDING OFFICER. Without workers in 2002, 4 months after an- of jobs or downward pressure on job in- objection, it is so ordered. nouncing plans for a $3 million factory come, it has a contagious impact. A lot Mr. CORZINE. Will the Senator make in northwest Beijing. As Yogi Berra of this lack of consumer confidence is the Senator from New Jersey a cospon- said: It’s deja vu all over again. what we are seeing today. sor? This is the kind of headline we get I wish to ask my friend another ques- Mrs. BOXER. I ask for that as well. every day now in my State. I don’t tion that has to do with the fact we When we look at the promises made want somebody heading up the manu- paid for this amendment. We paid for and the reality, I would like my facturing effort who is doing that. I this in two ways. First, we eliminate friend—— want to see someone who has made a the tax loophole for companies that The PRESIDING OFFICER. The ini- commitment to America and American send their jobs overseas. That brings in tial time has expired. jobs and to help American businesses $2 billion to pay for this reserve fund Mrs. BOXER. I will wait on that. I stay here and be productive. That for jobs. We also say to millionaires, thank my friend from New Jersey. means fighting for a level playing field we know you are going to get back The PRESIDING OFFICER. The Sen- on trade policy, currency manipula- $127,000—and people who earn more ator from Michigan is recognized. tion, and tackling health care issues. It than that will get exponentially Ms. STABENOW. Madam President, I also means focusing on those issues more—so instead of getting back rise to speak in strong support of this that help our companies be more com- $127,000, you get $85,000. That difference amendment. I am pleased to be a co- petitive, more efficient. is more than a minimum-wage work- sponsor. I, first, thank my friend from Two of those programs, which I have er’s salary for an entire year. California for her ongoing leadership, been deeply involved in now for over 7 As my friend looks as his people in her eloquence, her understanding of years, in the House and now in the Sen- New Jersey and knows the median in- these issues, and also my friend from ate, are the Manufacturing Extension come level there, do you think this is a New Jersey, who speaks with such Partnership and the Advanced Tech- fair thing we do here, ask everybody to common sense about what this is all nology Program. sacrifice? about. Mrs. BOXER. Will my friend yield for To reiterate, we are saying to the There are several pieces to this a moment? millionaires of this country, we are amendment that are critical for my Ms. STABENOW. Yes. proud of you, that you got the Amer- State. Frankly, there is nothing more Mrs. BOXER. She was right on target ican dream; and you worked for it— important right now in Michigan than about this manufacturing czar, this po- most of them did, not all of them. creating a level playing field for our tential nominee, who may be a very Can’t you make that sacrifice so we businesses and our workers, helping lovely gentleman; nonetheless, what a can put people to work and turn around them to lower the cost of their health poor choice. We should be rewarding these numbers? care, helping and supporting those ef- people and companies that create jobs Look at this chart. We talked about forts to invest in innovation and edu- for the American people. this before, going back to Ronald cation, and the ability to move forward You know, I wish the world well. I Reagan. We haven’t seen this kind of with increased skills and productivity want Iraq to have democracy and the deal since Herbert Hoover. Looking at and compete in the world economy. Haitians to have democracy. I want the New Jersey and the people making over I am very pleased that in this amend- people of Afghanistan to thrive. Lord $1 million who would be impacted, does ment is the type of manufacturing tax knows, we spend enough money there my friend not believe we pay for this in credit I first introduced last fall and to help them. What about people at a fair way? have been working with the Finance home? Isn’t that our first responsi- Mr. CORZINE. I think the Senator Committee on to make sure we are re- bility? from California is talking straight warding those who are creating manu- I am telling you, when I have to hear common sense. I think even those who facturing jobs in the United States of stories from constituents who say, Not are doing very well in our society can America. We need to make sure they only was I laid off and my job is going understand it. have a lower tax rate, and we need to to be outsourced to a foreign country First, the millionaires you are talk- make sure our tax system does not en- but I have to train my replacement—I ing about are two-tenths of 1 percent of courage those who wish to take our say somebody may call that the total amount of the taxpayers who jobs and export them. We want to ex- outsourcing; I call it painful. I call it would be impacted—two-tenths of 1 port products, not our jobs. That is wrong. percent. What the Senator is talking what this amendment does. It allows us Mr. ENSIGN. Madam President, reg- about is moving marginal tax rates to focus on those things that create ular order. back to the level where they were dur- jobs in America, good-paying jobs, that Mrs. BOXER. My friend from Nevada ing the nineties, at a time when 22.5 focus on work, not wealth, in our coun- wants me to get to the question and I million jobs were created. try. will.

VerDate jul 14 2003 23:53 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.014 S11PT1 S2598 CONGRESSIONAL RECORD — SENATE March 11, 2004 When this gentleman moves his jobs President this year has zero in his appointed in the Budget Committee to China, does he not get a tax advan- budget for this program, even though when I offered an amendment to re- tage? And are we not closing that loop- we hear from the administration rather store funding for MEP and ATP, and hole—it is the Dorgan idea—and does than tackling issues such as smart we did not have bipartisan support. It my friend support that, as well as the trade policies and currency manipula- was a party-line vote. We certainly can other items on this list? tion, they say we should focus on edu- correct that today because I know in Ms. STABENOW. Absolutely. This is cation and innovation. Great. But the past there has been good bipartisan an issue we have to address. We have to when we have the innovative programs, support for this amendment. make sure our tax policy rewards those such as ATP, they have zero in the I simply say to my colleagues this who create jobs here. budget to fund them. amendment gives us an opportunity in As the Senator from California was What does this do? It allows indus- a very broad sense to focus on what is speaking about individuals, I would tries, such as the automotive industry, the most critical issue facing our fami- like to share for the record two of lit- to come together and partner with our lies and our businesses today, and that erally hundreds of letters I have re- universities on programs and research is the ability to compete in a global ceived from people in Michigan speak- projects that allow them to be more economy in a way that keeps jobs and ing about their personal situation. This competitive. It allows them to do ac- our standard of living in the United is not economic theory. These are real- tivities such that got a headline yes- States. life experiences of businesses and indi- terday in the Detroit Free Press: There is not a business I talk with viduals in Michigan who are des- Detroit-based automakers can take pride that does not say: Give us a level play- perately impacted right now by our un- in a report on the latest issue of influential ing field and we will do the rest. We willingness to have policies that are and assiduously objective Consumer Reports know if, in fact, we have the right kind magazine that they have surpassed the Euro- good for American businesses and jobs peans in vehicle reliability. of policies and the right kind of invest- at home. ments, we can do that. One example: A Michigan resident I know some of the ways they do that This budget is all about choices. It have been to come together in projects from Union City, MI, writes: always is. We are asking for a small funded by the ATP to allow them to change rather than investing, once My wife and I own a small machine shop in create greater reliability, greater effi- Union City, MI. At one time, we had seven again, in the success of those privileged ciencies, to compete in the world econ- employees. Now my wife, my son, and myself few who have been getting tax cuts and are all that’s left. Most of the time we don’t omy. The Boxer amendment makes sure we are set to get the most tax cuts right even have enough work for ourselves. I on down the line; that we take a por- watched as many of my friends and competi- continue this important partnership. It tors have gone out of business and just is partly funded by the Federal Govern- tion of that and invest it back in the closed their doors or filed for bankruptcy. ment and partly funded by the busi- health of our U.S. economy and the While we fight the war on terrorism, if we nesses. It is critical. strength of the economy for the future are not careful, we will lose a much bigger Madam President, I ask for an addi- and in the quality of life of every war to the rest of the world without firing a tional 5 minutes from my esteemed American, and in those policies that shot. colleague on the Budget Committee. will allow us to have the strongest pos- This economic war, this need to fight Mr. CONRAD. Madam President, I sible businesses, the best workers, and for a level playing field for our busi- am happy to yield an additional 5 min- the most successful workers in the nesses and workers, is every bit as seri- utes to the Senator from Michigan off world, because the Boxer amendment ous to our quality of life as what is the resolution. gives us the ability to do what we need happening abroad. Ms. STABENOW. I thank the Senator to do to put us on the right track for One other part of a letter I will from North Dakota. the future and to continue the quality share, and this is from a resident in In Michigan, 154 different businesses of life we all want for our families. Clyde, MI: have been involved with 68 completed I strongly support the Boxer amend- My husband, a 25-year mechanical engi- and ongoing partnerships. They are ment. I thank my colleague from North neer, designer of automotive special ma- joint ventures as well as single busi- Dakota for yielding me time. I am very chines, has been laid off seven months. The ness applicants. These are exactly what hopeful we will see a strong bipartisan company he worked for was bought by Fiat we hear from the administration we vote. and within two years, began outsourcing the ought to be doing: partnerships, public- Mr. BAUCUS. Madam President, I am engineering to countries such as Bosnia going to have to oppose this amend- where engineers will work for $6 hourly. Our private sector, working with the uni- workers can’t compete with that obviously. versities, small investment, big results. ment offered by the Senator from Cali- The engineering department is now closed The other important part of this fornia, Mrs. BOXER, and I would like to completely, everything outsourced. He is 55, amendment that relates to moving for- take a moment to explain why. laid off 21⁄2 weeks short of his retirement ward and being positive is the manu- The spending proposed by the amend- vesting at 100 percent, can’t draw social se- facturing extension partnership. It is ment is for a good purpose. We can and curity and has been unable to find work. The interesting; some of us have been in- should find ways to fund this impor- market is flooded with engineers because volved with agriculture and coopera- tant goal. outsourcing is happening all over .... But I do not believe that we need to If we want to maintain the quality of our tive extension. This program is based environment and keep our families fed, we on that model of bringing together the roll back tax relief that Congress en- need legislation to address the inequities in best management practices, cutting- acted in 2001 to fund this amendment. I manufacturing standards globally, balancing edge information, and working with supported those 2001 tax cuts. Congress tariffs, something. Our workers can’t com- manufacturers to increase productivity enacted them in a time of massive sur- pete with the salaries outsourcing provides and efficiency to compete in a global pluses. Returning some of those sur- from other countries .... economy. A very small amount of dol- pluses to the taxpayer was the right And maintain our standard of living. lars is involved in this particular pro- thing to do. I hear this story every single day in my gram, and it yields tremendous results. We can find other offsets to pay for State. In Michigan, the Manufacturing Ex- the spending in this amendment. Off- Before my time is up, I wish to ad- tension Partnership funding is credited sets such as the closing of corporate dress a couple of very important provi- with more than $80 million in sales im- tax shelters currently pending in the sions from which Michigan has greatly pact, more than $32 million in cost re- JOBS bill come readily to mind. Before benefited, in addition to the issues on ductions, and through the regional of- we start rolling back the tax relief that tax policy and health care, and the fices they have assisted over 250 com- we enacted in 2001, we should ensure other provisions. panies in my State alone in achieving that we have taken all reasonable steps The Advanced Technology Program certification to industry quality stand- to obtain revenues through closing is exactly the kind of program we ards. This is important. It helps our down abusive tax shelters. ought to be doing in this country and small and medium-size manufacturers. And so, I shall reluctantly oppose we have been doing, although we have It has had, in the past, strong bipar- this amendment, as I did the amend- been fighting to keep it going. Now the tisan support. I was deeply dis- ment offered by the Democratic leader,

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.017 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2599 Mr. DASCHLE, the day before yesterday amendment before us would eliminate had this headlined article: ‘‘Promises, increasing veterans’ funding—and for this perverse incentive in our Tax Promises.’’ The subheadline was the same reason. Code. ‘‘Wishful Thinking on Jobs.’’ He went I shall look forward to working with In cases where corporate executives back and looked at the job history my colleagues to find other offsets for have determined that it is in the best from 1999 to 2004 and then looked at the their amendments—offsets that as interests of their companies to ship forecasts of the administration. He much as possible avoid rolling back the jobs overseas, this amendment requires pointed out that back in 2002, the ad- tax relief that we enacted in 2001. that the companies show some respect ministration said by this time, or Jan- Mr. ROCKEFELLER. Mr. President, I for their workers and communities by uary of 2005, we would have 138 million rise in support of the amendment of- providing sufficient notice before pull- jobs. Obviously we do not have 138 mil- fered by my colleague from California. ing up their stakes. lion jobs. We are at 130 million jobs I urge all Senators to side with work- The amendment also calls for in- now. ing Americans and vote for this amend- creased investment in programs that Then in 2003 they refined that esti- ment. we know help our small- and medium- mate and lowered it substantially and There has been considerable media sized manufacturing companies benefit said, Well, no, we will not have 138 mil- attention recently to the dire employ- from new science and technological de- lion jobs; we will have 135 million jobs. ment situation in America, but this velopments. Both the Manufacturing Now this year they revised the esti- problem is so acute that I think it Extension Partnership and the Ad- mate again and said, Whoops, we were bears repeating. Eight million Ameri- vanced Technology Program help our wrong again. We are not going to have cans are currently looking for work. Of manufacturing companies globally. 135 million jobs; we are going to have these, nearly 2 million workers have al- This amendment calls for adequate 132.7 million jobs. As of the end of Feb- ready been unemployed for more than 6 funding for these important programs. ruary, we are nowhere close to that. months. These are just a few of the important We are at 130.2 million jobs. The Labor Department told us last provisions of this amendment. The I will go to this chart that shows week that almost 400,000 Americans are message that this amendment sends is what has happened in every recession not even counted by the unemployment very simple: Congress understands that since World War II. In every one of statistics because they have simply Americans need good jobs and we are these recessions, we have seen on aver- given up and left the workforce. In the prepared to support policies that will age, 17 months after the business cycle last 3 years, the Nation has lost 2.5 help create and maintain these jobs. peaked, the job recovery really took In my own State of West Virginia, million jobs—2.5 million. off. That has been the pattern of the This situation demands a response hard-working people expect Congress nine recessions since World War II. from the Nation’s leaders that will ac- to understand how devastating it is Let’s compare it to what is hap- when factories close their doors and tually help create jobs. Unfortunately, pening this time. That is the black ship the jobs overseas. Since President the Bush administration is failing this line. Here we are 36 months since the Bush came to office, West Virginia has test. Instead of appreciating the crisis business cycle peaked and we still see lost nearly 10,000 good manufacturing facing those who have lost their jobs, almost no jobs recovery. Something is jobs. this administration presses ahead with wrong and it is seriously wrong. We are Manufacturing jobs have tradition- now 5.4 million jobs short of the typ- failed economic policies. ally provided a path to the middle The President continues to call for ical recovery going all the way back to class. They offer good wages, health World War II. Look at nine previous re- additional tax cuts tilted toward the care benefits, and pension plans. Hav- wealthiest Americans. He opposes ex- cessions. In those other recessions, the ing worked for years to bring new jobs job market was soaring by this time. tending unemployment benefits to help to my State, I know how important it families weather the difficult economy. Not now. Something is wrong. is to have public policies that will sup- Even when the administration dra- And recently, his administration actu- port job creation and protect American matically altered and lowered their ally endorsed the shipment of jobs workers. That is what this amendment projection of jobs by January of next overseas. The budget resolution before would do, and I urge my colleagues to year, they still said there would be 2.6 us today makes the mistake of affirm- support it. million more jobs by the end of 2004 ing the President’s failed policies. The PRESIDING OFFICER. The Sen- than 2003. If that forecast is to come The amendment offered by Senator ator from North Dakota. true, they will have to generate 520,000 BOXER offers a starkly different direc- Mr. CONRAD. Madam President, I jobs a month between now and the end tion. Her amendment includes a series yield myself such time as I may con- of the year. The most recent month of provisions that will respond to the sume off the resolution. was not 520,000 jobs; it was not 420,000 employment crisis facing America by The PRESIDING OFFICER. Without jobs; it was not 120,000 jobs; it was helping American companies stay here objection, it is so ordered. 21,000 jobs and every one of them was a and add jobs. Mr. CONRAD. Madam President, I Government job. There was no growth First, this amendment creates a tem- thank the Senator from California for in the private sector. Something is porary tax break for businesses that this very important amendment. It is wrong. create jobs. In order to help employers becoming increasingly clear jobs are Mr. SARBANES. Will the Senator feel more confident in adding new very much an endangered species in yield for a question? workers to their payroll, this amend- this economy. It is the No. 1 subject. Mr. CONRAD. I would be happy to ment would reduce the cost of hiring When I go home and go from town to yield. during this uncertain time. town, the No. 1 subject is economic op- Mr. SARBANES. The quote stating In addition, the amendment would portunities, jobs, economic growth, and that they expected 2.6 million more require the Federal Government, when- a deepening concern that we are not jobs, was that by the Chairman of the ever possible, to hire American work- seeing the kind of economic growth Council of Economic Advisers? ers when spending taxpayers dollars. and job opportunities all of us would Mr. CONRAD. That was Mr. Mankiw, This is the least that we owe workers like. the Chairman of the Council of Eco- who are struggling to pay their taxes We saw yesterday in the very steep nomic Advisers. as they worry that their jobs will be selloff in the stock market an increas- Mr. SARBANES. Is that the same ad- shipped overseas. ing concern that economic growth is ministration official, high economic of- The amendment also ensures that already stalling out. ficial, who told us in the annual report, our Tax Code does not provide incen- We have seen in the jobs reports that the one President Bush signed off on, tives for companies to move their fac- job growth is badly lagging behind that outsourcing jobs was a good thing tories to other countries. American what all of us would like to see, and for America? businesses should not be allowed to badly lagging behind what we have Mr. CONRAD. He did say that. It is a avoid taxation on income from produc- seen in other recessions. rather remarkable statement. He tion that it moves overseas only to On March 9 in the New York Times, thought it was good for the country ship the goods back to the U.S. The Paul Krugman, the noted economist, that jobs were outsourced overseas.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.126 S11PT1 S2600 CONGRESSIONAL RECORD — SENATE March 11, 2004 Mr. SARBANES. Yes. given up looking for work. Once one tle bit is because people are dropping Mr. CONRAD. I think he has regret- gets past a certain point, they are no out of the workforce and they are not ted that remark, but that is what he longer counted as unemployed because looking for a job or they are being said. He is the Chairman of the Council they have been unemployed so long shifted from full-time to part-time of Economic Advisers to the President. they are no longer included in the sta- work. I think that is one of the reasons He is the same person who said there tistics. Being out of work is not just a why, as the able Senator from North were going to be 2.6 million more jobs statistic; it is not just a number on a Dakota points out, as he moves around in 2004 than the jobs we saw in 2003. We page; it is a real person living a real his State, he is encountering more and can see that to achieve that goal, they life with a real family who has lost more people who are concerned about would have to be generating 520,000 hope, who has lost an opportunity, who the unemployment problem. jobs a month. In February, they had has lost a chance. That is why I think What the administration says is this 21,000, and not a single one of them in there is such growing concern about particular rate is the unemployment the private sector. what is happening. rate, but that only tells part of the If we think about it, the President I had a gentleman who is an execu- story. That is only part of the story. says his tax policies are working. If his tive in the machine tool industry who You have to, in effect, complete the tax policies were working, the jobs told me, Senator, at this stage of a re- story by looking at those who are that would be generated would not be covery our order books ought to be working part time but want a full-time in the Government. The Government full. They are not. Something is hap- job. Of course, if they have been cut jobs are not developed by his tax plan. pening that is structurally different from full time to part time, that makes One would expect he would be gener- than previous recoveries. He said he be- it more difficult to support their fam- ating jobs in the private sector, and lieves the jobs are being created, but ily. yet if we look at February there were the jobs are being created in China, in Then there are the people who want a no new jobs in the private sector. The India, in Mexico. They are not being job but they are so discouraged and only new jobs that were created were created in America. pessimistic that they have dropped out Government jobs, and it was only That is why I have to say I believe of the effort to find a job. They don’t 21,000. the amendment of the Senator from get counted in that unemployment By the way, they would have to add California is important. We need to be rate. 128,000 jobs a month just to keep pace much more aggressive and proactive at Mr. CONRAD. I would say in response with the new people coming into the creating job opportunity in this coun- to the inquiry of the Senator, in terms job market, just to stay even. In Feb- try. of what I found at home, North Dakota ruary there were only 21,000 new jobs, The Senator from California is offer- has one of the lowest unemployment and none of them in the private sec- ing amendments to provide incentives rates in the Nation. We have a very low tor—all of them in Government. As I for businesses to create jobs in Amer- rate of unemployment in our State. say, that is 500,000 jobs short of the ica. She is also paying for it, which is Yet job anxiety is growing there. Why? necessary number of new jobs that the responsible thing to do, instead of It is not because the unemployment would have to be generated to meet the just sticking it onto the debt. I might rate is high; it is because good jobs are President’s chief economic adviser’s remind my colleagues that the budget not available. It is because people who forecast. resolution before us runs up the debt are more highly educated, more highly Mrs. BOXER. Will my friend yield for by almost $3 trillion over the next 5 trained, are not able to get jobs com- a quick question before my colleague years, and at the worst possible time, mensurate with their training and edu- continues? I find this give-and-take right before the baby boomers retire. cation, and this is creating a whole very helpful. Mr. SARBANES. Will the Senator level of people who are what we would I read an economic report that said yield on that point? call underemployed—underemployed although the jobless rate is officially Mr. CONRAD. I will be happy to based on their previous job experiences, at 5.6 percent, if one factors in the peo- yield. underemployed in terms of their edu- ple who have given up, it is well over 9 Mr. SARBANES. I say to the very cation and training. percent. I wonder if my friend could able Senator from California, who ear- I say to my colleagues, there was a comment on that, because he talked lier showed a chart about how the rate cartoon in the New Yorker magazine about how important it is to just keep of people participating in the work- that my wife drew to my attention the up with the people who are coming in. force has dropped, what has happened other day. The cartoon was two guys What about the people who have given is you have 4.4 million workers today who kind of looked like deadbeat guys. up? who are working part time for eco- One guy says to the other: You know, Mr. CONRAD. If we just think in our nomic reasons. In other words, they you are out of work, aren’t you? own lives who do we know who is out of want to work full time but they are He said to the gentleman: I have quit work, and I started thinking about my only working part time. looking. I understand that’s good for extended family and my close friends, When you compute the unemploy- the economy. and you start adding up the number of ment rate, they are counted as em- No, it is not good for the economy. people who are out of work, in my own ployed, not as unemployed, but really That I think is what is increasingly of family there are people who are highly they are only partially employed. concern to people. These are middle- educated, have had really excellent ca- Then you have another 4.6 million class people, people with good edu- reers who now are approaching 60 years people who are discouraged and not cation, with good training, who had of age, are out of work and finding it currently looking for work who want good jobs. extraordinarily difficult to find new to work. So they have been knocked I have a relative who was very ad- work. These are people with advanced out of the labor force as well. vanced in a major corporation and his degrees who have had very successful Actually, there are 13.3 million entire division was laid off. These are careers, and yet, because of Americans unemployed, and if you use very highly skilled people, very highly outsourcing, because of this job weak- the broadest measure that the BLS trained, very highly paid. They found ness, they are out of work and cannot prepares, they report an unemploy- all of their jobs were being shipped to find new jobs. Not only do we see it in ment rate of 10.3 percent. That is fac- India. To add insult to injury, they these statistics, but there is another toring in everybody. That is your were asked to go to India to train the statistic that also tells us something is broadest measure and that is not usu- people to take their jobs. wrong, and that is the wage growth of ally the figure that is focused on. Ordi- Mr. SARBANES. Will the Senator production workers is now starting to narily, when the unemployment rate yield on that point? The President was fall behind inflation. I think that is figure comes down, those other figures in Ohio a day or two ago. Of course, why people feel under so much pres- shrink as well. But it is not all moving Ohio has been badly hit. They have lost sure. in the right direction. manufacturing jobs and they are being The Senator from California men- One of the reasons the unemploy- hard hit by, in effect, the flow of jobs tioned the number of people who have ment rate figure has dropped just a lit- overseas.

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.020 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2601 This morning’s paper says we ran a I note Warren Buffett, who, as I un- icit. Now you have the tripling. I think record trade deficit last month of $43 derstand it, is the second wealthiest my friend made a good point when he billion. That monthly rate translates man in the world, second wealthiest talked about people being laid off and into well over a $500 billion annual American as well, worth tens of bil- then having to train their replacement trade deficit—a $1⁄2 trillion trade def- lions of dollars, has now placed a major workers. I met such a gentleman who icit. Of course, people say we are ex- bet against the value of the U.S. dollar. was a newlywed. He had a job as a com- porting goods and that is true. But we He has made a $12 billion bet against puter program manager and he had to are importing far more than we are ex- the value of the dollar in part because train his replacement. I cannot tell you porting, so much so, that we have set a of the economic weakness of our coun- the look on this man’s face. He is leav- record monthly trade deficit figure. try reflected in these massive budget ing my State. He thought for sure this That only again reflects the flow of and trade deficits. could never happen in the Golden jobs out of this country, overseas, ex- I believe deeply we have to get seri- State. As we know, it is happening in actly the point the Senator is making. ous about the budget deficit and the California and all over this country. In particular, it is the flow of some trade deficit. Why is it the Comptroller This is a stunning moment in his- very good-paying jobs. General of the United States is warn- tory. That is why this amendment is so The manufacturing sector has been ing us these deficits are too large? Why important. very hard hit. The Administration set is it the International Monetary Fund The budget document is in fact the up this post of an Assistant Secretary is warning us of the danger of these priority of the country. If we turn our for Manufacturing. They waited 6 deficits, that they will put upward back on the people of this country who months, they didn’t nominate anyone, pressure on interest rates, which will need to work for a living, we shouldn’t and now it looks as if the person they choke off economic growth, which will be here, to be honest, because that has are nominating they are not going to choke off job creation, and leave us in to be an essential part of what we do to go through with because it turns out he an even weaker position? protect the country, from the stand- was establishing a factory over in Again, I say this is why I believe the point of defense, protect workers and China and cutting back on jobs in this amendment of the Senator from Cali- make sure they have jobs. country. Can you imagine that? fornia is so important. It is an insur- I want to ask my colleague this point I thank the Senator from California ance policy to prepare for the economic about the anxiety in the land. I think for her amendment. She is right on tar- weakness we are already seeing, the job what is feeding it is when your next- get. This is an extremely important losses we are already experiencing, and door neighbor loses a job, or someone amendment. The package she has put to help us prepare for what might yet in your family loses a job, you begin to together is a very sensible package to come. feel anxious. When your next-door try to address this problem. Mrs. BOXER. Madam President, will neighbor loses his health insurance or Mr. CONRAD. I want to pick up on a my friend yield for a question? pension, you begin to get anxious your- point the Senator was asking about; Mr. CONRAD. I am happy to yield. self. Then when you pick up the pa- that is, what are the implications of Mrs. BOXER. I thank Senator SAR- pers—I put a lot of this together last these massive deficits, both budget and BANES and Senator CONRAD for their night, and you can read this. ‘‘Analysts trade? enormous contribution in support of Gloomy Over Job Creation’’; ‘‘Growth The Senator mentioned yesterday we this amendment, which is really an In Jobs Is Still Sluggish’’; ‘‘Job Growth just got the latest month’s trade def- amendment that is made up by the Falls Short of Forecast’’; ‘‘Jobs icit, $43 billion. Over a year, obviously, contribution of various members of the Slump’’; ‘‘Fewer Small Businesses Plan that would be a trade deficit of over Democratic caucus, including Senator To Hire’’. $500 billion. At the same time we are DODD, who has just come to the floor. I am saying to my friend I think all running a budget deficit of nearly $500 An important amendment ensuring of this is creating an anxiety in the billion. Federal contracts should not be land. This article from the Washington outsourced passed this Chamber with I will ask this question: Given every- Post of January 26 caught my eye flying colors. It is important. As a thing we said—it is not rhetoric; it is about the long-term effects of these matter of fact, I met with my local reality; we have shown the numbers. massive deficits, both budget and elected officials and I asked, Do you They are real. We have talked about trade. I think these are warning signals have any idea whether any of your de- real families. We have seen what is to us all. We are on a dangerous course partment jobs are outsourced? They happening. I ask my friend, is not this with these massive deficits. This is looked at me, and said, I don’t know. I the time, if there was ever a time, we what the article said: Currency Traders will go back and make sure tax dollars should say to the American people Fretting Over That Dependency. aren’t being used to create jobs over- whom we care about and their families, The dependency they are talking seas. their ability to have a quality of life, about is these massive deficits, the I thank my friend for his contribu- their ability to educate their children trade deficit the Senator from Mary- tion to this amendment. I want to ask and send them to college, and their land referenced and the budget deficit. my friend a question. It has to do with ability to look at the future with hope The currency traders, those who this whole notion of the anxiety in this and optimism—wouldn’t it be the mo- trade currency for their living, are con- country. I think anyone watching this ment we should be united as Repub- cerned over that dependency, the de- debate understands there are many licans and Democrats and Independents pendency on borrowing— reasons for people to feel anxious. They here today in passing the amendment They have been selling dollars fast and feel anxious when there are deficits as we put forward which not only will buying euros [that’s the European currency] far as the eye can see. It is stunning to stimulate jobs directly but will stimu- furiously. The fear is that foreigners will tire think back to 31⁄2 years ago. There were late small businesses by giving them of financing America’s appetites. Foreign in- surpluses as far as the eye could see. the tax credits they deserve, so they vestors will dump U.S. assets, especially stocks and bonds, sending financial markets What mismanagement. can pay for health care insurance or plummeting. Interest rates will shoot up to I say to my friend the shocking part create jobs? I ask my friend, is this not entice them back. Heavily invested Ameri- is—and when I was an economics major the moment in time to make this a pri- cans will not be able to keep up with rising a long time ago we thought when there ority for this Senate across party interest payments. Inflation, bankruptcies, were big deficits it would create a lot lines? and economic malaise will follow. of jobs. Here we have a circumstance Mr. CONRAD. Madam President, I If we look at what has happened to where you have runaway deficits, run- think it is undeniably the case. Some- the value of the dollar against the euro away debt, and no job creation whatso- thing is very wrong with the economic in the last 2 years, it ought to sober us ever. In fact, there is a net job loss. strategy we are pursuing as a Nation. up about these deficits. The dollar has I want to say to my friend from We see the evidence in the job market declined more than 30 percent in value North Dakota, when he talks about the as clearly as it can be seen. The fact is against the European currency in just budget deficit, the trade deficit, the we are now 5 million jobs behind what the last 2 years. twin deficits, there is also the job def- we would normally see in a recovery.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.023 S11PT1 S2602 CONGRESSIONAL RECORD — SENATE March 11, 2004 Looking at the nine recessions since minute amendment. That is a long and creating jobs. That does not count. World War II—I will put that chart time on a 20-minute amendment. But it The Government will do it for you. By back up—this should tell us something is the way this process works. It was 50 golly, we have some great programs. is off the track. This is the average job hours of time, equally divided, and These programs will create jobs. Yes, recovery of the nine recessions since each side can spend it however they they do create jobs because we hire a World War II that you can see 17 want. We will probably yield ours back, bunch of people to run the programs, months after the peak of the business portions of it, to be able to get to some who tell the successful businessmen cycle peak. We see that, for the aver- final votes and get this completed. how to do it better, and a lot of it goes age for every one of the 9 major reces- This has been depressing and wrong. into regulation. I will talk more about sions since World War II, the job recov- The budget document is a few assump- regulation in a bit. ery started soaring 17 months after the tions that we use. Granted, it is based In order to do a tax increase, the Fi- business cycle peaked. In this case, we on a pile of documents, probably 20 nance Committee has to do it. The only are 36 months past the business cycle pounds worth of paper. There are all thing we have allowed so far are things peak, and we still do not see job recov- kinds of ways to work the assumptions, that deal with the family. What we ery occurring. but when it comes down to it, we set up would be directing them to do is take At this point, we are now 5.4 million a few targets. The specific committees away any family benefits. jobs short of the typical recovery for get to arrange the bull’s eye in that Who are these rich? Some of them all of the recessions since World War II. target for the priorities. Then, finally, are the small businessmen. Every dime If that doesn’t tell us something is the Appropriations Committee, if we of revenue that is net revenue for a wrong—and the President’s forecasts ever get to that point, will be able to small businessman becomes part of over and over have had to be revised on shoot the real bullets at the target, their bottom line taxes for that par- jobs. Again, this just appeared in the spend the real money. ticular year. They have to pay taxes on New York Times on Tuesday. In 2002, This is not spending the money. This that. When they pay taxes on it, they the President said by the end of this is coming up with some assumptions or are pulling out a third. Some would year there would be 138 million jobs in some real numbers based on assump- like it to be a half; some would like it the country. He revised that in 2003 and tions. You can use any assumptions to be three-fourths. What do they do said, Whoops, we were wrong in 2002. you want, obviously, if you have been with what is left? It does not go in There will only be 135 million jobs by listening to the discussion. their pocket. If their business is grow- the end of 2004. At the beginning of this If you listen to the discussion and ing, it goes right back into the busi- year, they revised their estimates what I have said about assumptions, ness. If we did not tax them as much, again, and said, Whoops, we were you might think what they are trying they would put more back into the wrong again. There are only going to to do is rearrange the deck chairs on business. When they put more back be 132.7 million jobs by the end of the the Titanic. It is not the real operation into the business, that grows jobs. year, and even now we see we are no- of the ship. What we are doing is rear- Do not tell me you will increase the where close to that forecast. They have ranging the deck chairs on the deck of economy by ripping money away from been wrong in 2002, wrong in 2003, and the finest cruise ship in the world. people who are creating jobs already. it looks like they are going to be wrong I want to be a lot more positive Who cares about jobs the most? Who again. Their forecast, looking at this about what the possibility is for this wants outsourcing? None of us want year, would have to add 500,000 jobs a country and the people of this country outsourcing. Why does outsourcing month, and in February only 21,000 new and what they can do. happen? Part of it will be because of a jobs were created, a half million behind First, I want to know how we pay for lack of confidence we create in the their forecast for that month, and not it. Then I will go into the jobs part. We Senate. We have been talking for 2 a single one of the new jobs is in the need to know how most of these hours now about the rotten economy private sector. Every one of them was amendments work, where they tell us and how jobs are being outsourced. We a Government job. how to pay. The way they will pay is a are creating an impression among The strategy is not working. I don’t tax increase. They can say this is going every businessman out there that if he know what could be more clear. I think to be a tax increase just on the rich. is not outsourcing his jobs, he is cheat- it should tell us it is time for a new From the discussions I have heard ing his investors. Did anyone hear a game plan. around here, the Democrat definition message different than that? That is I think what the Senator from Cali- of ‘‘rich’’ is anyone who makes enough not right. That is absolutely not right. fornia has offered is entirely construc- money to pay taxes. If you pay taxes, We do not have to have the jobs go tive and it is the beginning of a plan. worry about it; you are part of the What this country needs is a plan. We overseas. rich. When we keep talking about a bad need a program to go forward. They will say it is those who make I thank my colleagues. economy, we help create a bad econ- At this point, I will yield the floor. I over $1 million. It would not be the omy. I am reminded of the 1960s ad have a colleague who has been very pa- first time we did something against that used to run on television that I tiently waiting. those who make more than $1 million. think was partly responsible for pull- The PRESIDING OFFICER (Mr. EN- Congress once passed a law—this fas- ing us out of a recession. It was a story SIGN). The Senator from Wyoming. cinates me—that said a CEO could not about a guy who had a hot dog stand. Mr. ENZI. Mr. President, I yield my- make more than $1 million in cash People loved his hot dogs. So he added self 15 minutes off the amendment. It compensation. How could anybody pos- on to his hot dog stand. Pretty quickly should not take me longer than that to sibly do that? If the American dream is he had more hot dog stands. debunk the rhetoric I have heard on to make money—I really hope that is Then his son came home from college the budget for the last hour or the last not the American dream—but to make and said: Dad, don’t you realize we are hour and 45 minutes. It actually hasn’t enough to provide for their family, to in the middle of a depression? How can been on the budget. It has been an at- buy a home, and to contribute to their you be expanding? He quit expanding tempt to say they care more about jobs community, until we get this country and he laid people off and pretty soon than the Republicans do. That is not going down that road, we have prob- he was out of business. true. There isn’t anything that would lems. Right now the emphasis is on If we keep telling people they should bear that out. I have to get this in the how much you make. We try to limit not hire because it is tenuous, save RECORD because I am afraid the college that severely. We have done it with your money, put it in the mattress, we students might read this stuff or may laws. will have a little problem in this coun- have been listening. If they use some of Now we are saying if you get rich, we try. We expect to be paid the highest the information they heard, they could will take part of your money, and we wages in the world, and we expect to fail economics class. I don’t want that will put it into the economy where we buy everything for the lowest prices. to happen. think it will do the most good. It does Where do you think you are going to It has been very depressing listening not matter what you think. It does not buy those things from? I hope everyone this hour and 45 minutes. This is a 20- matter that you have been investing out there does a quick inventory on

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.025 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2603 what they are wearing and where it not appoint a conference committee. Johnny-one-note, no matter what the was made; what they are driving and So what are the reasons given for not economic circumstances are. where it was made; what they are lis- appointing a conference committee? All of us who are involved in sup- tening to and where it was made. Well, we don’t trust the Republicans to porting Senator BOXER’s amendment You have a responsibility, as well. invite us to the conference committee. are pointing out that this is maybe the Government does not solve these prob- I want to tell you, I worked with the critical issue at this hour. People lems. You solve these problems. You Senator from Washington State and across the country are worried deeply buy what is made in America, the jobs the Senator from Massachusetts in about job creation. They are worried come back to America, and our people putting together a bill that passed the about jobs leaving the country. They get paid more. committee unanimously. I worked with are worried about companies making Make a law. Right, we can make a them to get it through this floor unani- that decision, and doing so either law that says you cannot send the jobs mously. You do not do that without through tax incentives, where we actu- overseas. some degree of trust. I have to believe ally encourage, through the Tax Code, Mr. SARBANES. Will the Senator they would trust me to do a conference to outsource, or actually using Federal yield? committee and include them in the taxpayer money. Mr. ENZI. I listened for almost 2 conference committee, and anything I express my appreciation to 75 of my hours to the other side ask a bunch of else is bunk. You do not have to do colleagues in this Chamber who, last questions. I would like to get my state- every bill, but I cannot believe we will week—Democrats and Republicans— ment completed in 15 minutes so we talk about who cares about jobs the joined on the amendment I offered that can move on to the vote. There should most in this country and not get a con- would prohibit the use of Federal tax- have been more fairness on give-and- ference committee on the Workforce payer money to subsidize the take at the time. There was not. So I Investment Act that will train 900,000 outsourcing of jobs. will reserve my time to finish my com- people a year for better jobs. If a private company, with their ments. Mr. President, I yield the floor and money, wants to outsource, I cannot do Another reason the jobs go overseas reserve the remainder of my time. much about that. But I do not believe is regulation. What do we specialize in? The PRESIDING OFFICER. Who you ought to incentivize that decision Regulation. We pile on regulations that yields time? by offering someone a tax break to do make it extremely difficult for busi- Mr. CONRAD. Mr. President, how it or providing direct Federal subsidies nesses in the United States to do work much time would the Senator from to do it. We think we ought to be doing in the United States. Connecticut like? everything we can to encourage job Lastly, one of the reasons we lose Mr. DODD. Three minutes. growth at home. That does not make jobs overseas is skills. There are jobs Mr. CONRAD. Mr. President, I yield 5 you an isolationist. That does not out there that are not being filled be- minutes to the Senator from Con- make you a protectionist. It just indi- cause American people do not have the necticut. cates to us how serious we think this skills to take those. The ones who do The PRESIDING OFFICER. The Sen- potential problem is. are already employed in that field. ator from Connecticut is recognized for It is not just us who say this. I would I want to tell about a little company 5 minutes. take note that a few days ago, in the in Powell, WY. This is what I am hop- Mr. DODD. Mr. President, I thank my Washington Post, in a front-page arti- ing for the world. This little company good friend and colleague. I know there cle was the story of Clintwood, VA, and in Powell, WY, makes tachometers, are other Members who want to be the loss of 270 jobs. Does anyone think highly specialized ones for race cars, heard on these matters. I will try to be a year or 2 or 5 years ago the loss of 270 and very durable ones for heavy equip- brief. jobs in Clintwood, VA, would have mer- ment that vibrates. The guy who de- Mr. President, I will show you a ited a front-page story in the leading signed these and originally made them chart. I have great respect for my newspaper in this city or area? I doubt had the parts manufactured in Taiwan friend from Wyoming. He is a knowl- it. Yet the Washington Post, obviously, and the construction of them, the man- edgeable and good Member of this in- has some sensibilities about what peo- ufacturing of them, in Taiwan. stitution, and he cares deeply about ple care about in this area. And the He said: Now, wait a minute. Maybe I these issues. loss of 270 jobs in one small town in can reduce the error rate putting these I cannot help but note, of course, out Virginia, that got sent overseas by things together and make more money of all the States—if I am wrong maybe Travelocity, is yet one more piece of if I use American labor and those great someone will correct me—one of the evidence that people are worried about people in Powell, WY. He tried that, single lowest job loss of the 50 States what is going on in this country, par- and he was right. Then what does he has been the State of Wyoming, accord- ticularly when it is occurring because say? He said: Let’s see, I am having to ing to the analysis we have on job we encourage it through our Tax Code manufacture them over there, but they losses in manufacturing. or through direct subsidies. have an error rate. Maybe I could man- Mr. President, 1,200 jobs have been I am glad the President finally de- ufacture them here. And he is going to lost in Wyoming. I am sorry about cided to suggest we have a manufac- do that. Wyoming—the United States— those losses, but when you compare turing czar. But to fail to check to find is going to steal a job from Taiwan. that to States of similar size—neigh- out if the person you are apparently That is the creative capability of the boring States—Utah has lost 15,000, going to nominate is involved in ex- people in this country. That is what we Colorado has lost 38,000, Texas has lost porting jobs to a facility in China indi- can do if we give the people a chance. 156,000, Maine has lost 15,000. I am not cates a lack of sensitivity about this On a more basic level, how can we even mentioning large States. Iowa has issue. In fact, the other day I read give them the chance? We passed the lost 26,000, Missouri has lost 40,000, Ar- where the administration now is going Workforce Investment Act. We got it kansas has lost 29,000, Oklahoma has to do everything it can to fight the ef- out of the Labor Committee, which is lost 26,000. forts some of us are making to slow usually very contentious, unani- The point is, we are watching a hem- down the outsourcing of jobs in the mously. We passed it on the floor orrhaging on jobs. No one likes to re- country, particularly when outsourcing unanimously. Where is that now? Well, cite all the bad news, but reality says occurs through Federal subsidies and the House has already passed one, too, you have to know the facts if you are through tax incentives. but we cannot do a conference com- going to set policy. We do not think the Federal Govern- mittee on it. This would be training for Unfortunately, no matter what the ment ought to be in the business of 900,000 jobs a year, better jobs, more conditions are in this country, the ad- promoting job exportation to another skilled jobs, the skilled jobs people ministration has one answer: cut taxes country or suggesting that somehow it overseas are getting because we cannot for the wealthy. When we had a sur- is all the same, that it does not make fill them. plus: cut taxes. When we are in a reces- a difference if you have the loss of a What is happening to that bill? We sion: we need to cut taxes. Job growth product being produced here or a serv- are letting it languish because we will is weak: we need to cut taxes. It is a ice being performed here and it is now

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.028 S11PT1 S2604 CONGRESSIONAL RECORD — SENATE March 11, 2004 going overseas, watching someone’s job this amendment is to try to convince lower prices that come from effi- go overseas. the American people that the Amer- ciencies in labor costs. The dollars You cannot stop it in every case. We ican economy is in the tank and offers American consumers spend on products are realists. We understand that. But no opportunity, no hope—something and services buy them a lot more than Senator BOXER has put together a very this economy has always provided to ever before. good amendment which, in part, high- American workers, and I believe still Yet sometimes these changes are lights the outsourcing issue. She goes does today. hardly noticeable at all. If a small part into other areas as well. If, in fact, our colleagues across the of the newest computer is now made in The Manufacturing Extension Part- aisle believe the economy is doing so India instead of Abilene, TX, what does nership Program is being cut by 63 per- badly, I wonder why it is that home- it matter to the consumer? It may not cent. I listened to the President the ownership is at an all-time high in this matter to them, but it matters to Abi- other day say: I am against country. Interest rates are low. Pro- lene and it matters to the people who outsourcing. What we need to be doing ductivity is booming. The gross domes- live and work there. is investing—— tic product is growing by leaps and Yet even as outsourcing continues to The PRESIDING OFFICER. The Sen- bounds. be a subject of discussion, even as some ator’s time has expired. If the economy was really doing of my colleagues in this body throw it Mr. DODD. Mr. President, I ask for 1 badly, which it is not, the last thing out as a trend that is bad for America, additional minute. you would want to do with a slow econ- we all seem to have forgotten that it Mr. CONRAD. Mr. President, I yield omy would be to raise taxes to make it also runs the other way. the Senator 1 additional minute. harder for the job creators in this soci- I am proud to say that Texas is one The PRESIDING OFFICER. The Sen- ety to create new jobs. I would just ask of the leading beneficiaries of in- ator is recognized. all of my colleagues to consider what is sourcing, which is just a fancy way of Mr. DODD. Mr. President, I just being proposed here. I believe it is sim- saying ‘‘out-sourcing by foreign compa- would note that the Manufacturing Ex- ply the wrong answer to the challenges nies on American soil.’’ According to tension Partnership Program is a sig- that confront us when it comes to en- the Texas Department of Economic De- nificant program that helps U.S. manu- couraging further job creation and an velopment, Texas benefits from more facturers, small manufacturers with economy which continues to be the than $110 billion in foreign direct in- everything from plant modernization envy of the free world. vestment in the state. There are 430,000 to employee training. This cut means The amendment we are discussing Texans on the payrolls of foreign cor- that 11,000 small manufacturers are not would do exactly the wrong thing. It porations. There is approximately going to receive services, and 28,000 em- conflicts with every free market prin- $5,000 in foreign investment in our ployees will either be laid off or not ciple this country stands for. We know state economy per Texan. That is a hired. that entrepreneurs, the risk takers, good thing. That helps create jobs for So even if you agree with the Presi- those who invest their money to try to hard- working citizens of my state. But I believe we are missing some- dent that we ought to not be talking create a profit for themselves and their thing important in terms of the overall about outsourcing, not be talking families, are the ones who create jobs. context of the debate. The economy is about manufacturing job loss, that we When they have more money to invest clearly on the right track back to re- ought to be investing in small busi- in their businesses, they create those jobs. covery. The latest numbers bear that nesses, what is he doing when he cuts Once again, this amendment is the out no matter how much some would 63 percent of the budget for the Manu- best indicator that there are still those try to disparage the booming economy facturing Extension Partnership Pro- who believe government really does and what is reflected in those numbers. gram? That is a complete reversal of know best, who want to raise taxes on That recovery of the economy will take his rhetoric on these issues. the American people by $24 billion and care of the joblessness concerns we all He also tries to eliminate entirely throw it around at government’s whim share, regardless of partisanship, re- the Advanced Technology Program, and then expect new jobs to somehow gardless of any other issue. Yet we are which spurs cutting-edge research in miraculously appear. facing another problem in this recov- solving manufacturing problems and Let’s just step back for a moment ery, and this recovery is an oppor- increasing competitiveness. Here we and see what the whole picture reveals. tunity for us to face the problem head are eliminating that program alto- Sometimes it seems the world is mov- on: The real motivation behind gether and slashing by more than 50 ing faster every day. New technological outsourcing, behind the desire of a percent the Manufacturing Extension advancements have given citizens of manufacturer of a product or a service Partnership Program. the 21st century access to instant in- to find efficiencies in the way they op- That is what we do not understand. formation; on-demand services are erate so they can grow and continue to He is opposed to doing anything about available everywhere. We have an abil- prosper and hire more people here in outsourcing. He is opposed to doing ity to communicate faster and more America has to do with the labor force. anything to provide tax relief for small comprehensively than ever before in Given our advanced technological ca- manufacturers who need help. And he the history of the world. Yet with these pabilities, why would a business pay is going to cut the budget in the two technological advancements and en- someone in America to do a job when areas that can make a significant dif- hanced abilities, many companies have they can go to another country where ference to our manufacturers. come to the conclusion that when it there is no minimum wage or labor I applaud the Senator from California comes to manufacturing and customer laws or other restrictions on what they for offering her amendment, and I urge assistance and many other areas, loca- do? The conventional wisdom is that my colleagues to support it. tion no longer matters. There is not a no business will choose America mere- The PRESIDING OFFICER. The Sen- day that goes by that there isn’t an- ly out of loyalty, that instead they will ator’s time has expired. other article, another report about a study the numbers and realize it makes Who yields time? company outsourcing some facet of more economic sense to run their tele- The Senator from Oklahoma. what they do to another country, to phone banks in Malaysia, for example, Mr. NICKLES. Mr. President, I yield another part of the globe. instead. to the Senator from Texas such time as Sometimes these changes are notice- In response, some in this body and he desires on this amendment. able to every consumer, and sometimes elsewhere have concluded that the an- The PRESIDING OFFICER. The Sen- not in a positive way. Indeed, what we swer is more job training and funding ator from Texas is recognized. see with this amendment, and the com- for education and advanced learning Mr. CORNYN. Mr. President, I want ments made in the Chamber, dem- programs. Statistics suggest more and to talk for a few minutes about the onstrates the backlash that sometimes more people are taking advantage of Boxer amendment, which would raise occurs when jobs leave our shores and these educational and work-related re- taxes by $24 billion, and to say why I go to other countries. sources. think this amendment is a miscalcula- The fact is, there is a real and dis- Federal Reserve Chairman Alan tion. Unless, of course, the intent of cernible benefit to consumers from the Greenspan recently commented:

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.030 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2605 Generic capabilities in mathematics, writ- ment work in concert with those in the brought us here today. There are those ing, and verbal skills are the key to the abil- states to effect fundamental change in who think they will benefit politically ity to learn and to apply new skills and thus our government’s attitude toward busi- from trash-talking the American econ- to earn higher real wages over time. ness and the free market—not just for omy, from causing a loss of confidence The PRESIDING OFFICER. Time on the benefit of business or indeed for an by the American people, from saying the amendment has expired. abstract free market, but for the ben- that we are no longer the land of op- Mr. NICKLES. Mr. President, I yield efit of everybody in this country who portunity and freedom. But the truth is to the Senator such time as he may wants to work and wants to find a job. there are people who are dying to come consume from the resolution to com- We must once again value the prin- into this country because they see this plete his statement. Mr. CORNYN: I thank the Senator ciples of free trade and competition. nation as their only hope and only op- from Oklahoma. We must encourage success and innova- portunity. There are not people knock- Alan Greenspan said: tion, and not punish it. We must renew ing down the doors to try to leave this Generic capabilities in mathematics, writ- that old American conviction that pro- country, because the truth is people ing, and verbal skills are key to the ability tecting freedom, not restricting it, is are voting with their feet. They under- to learn and to apply new skills and thus to the highest goal of government. stand America remains the last, best earn higher real wages overtime. The ave- The vision of America as a free mar- hope of freedom-loving people every- nues to acquiring those skills are many, and ket paradise is a very real one, not just where. one effective tool we have developed to fa- the stuff of the so-called overexuberant For those who want an opportunity cilitate the transition to a new job or profes- economists. I strongly believe we have to achieve part of the American dream sion has been our community colleges. These the best workforce in the world, the in the free market system we have in two-year institutions have been in the fore- front of teaching the types of skills that most dedicated people you can find. We this country—not a government com- build on workers’ previous experiences to have in this country innovators and mand-and-control system, but a free create new job skills. Currently almost one thinkers, we have doctors and sci- market system is one that best allows in three of their enrollees are age thirty or entists, and we have all the resources them to achieve those hopes and older, a statistic that suggests that these in- they need. We have people who started dreams—they recognize that system is dividuals have previous job experience. businesses in their garage and now cre- what we need to preserve, not defeat. I support the job training and com- ate things that change the very way we The effect of passing this amendment munity college initiatives the Presi- live and communicate. We have young and others that would raise taxes on dent has endorsed in his State of the people who are ready to follow in their the American people would defeat that Union Message and which Alan Green- footsteps. That is, simply stated, the system. span just referred to. They are a good foundation for a thriving free market I hope we don’t listen to the nay-say- and positive thing. They provide much economy. It is all right here. ers, that we don’t believe those who of the answer to the global competi- We still hear the voices of those who would have us lose confidence in our tiveness we now find with say the bureaucrats really know best, economic system, because I think that globalization. I believe much of the in- and government will take care of you if provides the best opportunity for a struction they provide ought to have you will give us more and more of your bright future for all the American peo- been given at the lower levels, but we tax dollars. But the truth is the people ple. can’t go back and change that. As it is, across this land know that government With that, I yield the floor. these programs give many Americans doesn’t know best, and they know gov- The PRESIDING OFFICER. Who the opportunity to change their job ernment cannot create prosperity; that yields time? track midstream and to pursue greater instead prosperity is created by the en- Mr. NICKLES. Mr. President, I love dreams and more fulfilling careers. trepreneurs and risk takers, and the everybody in this Senate, but I want to But that is not enough. If we in Gov- people who work hard every day to pro- finish this bill this week. My guess is ernment fail to acknowledge what the vide for their families. we have a few amendments in the pipe- outsourcing crisis truly means, if we The truth is, instead of raising taxes, line and we have considered one think more job training alone is a suf- we ought to reduce the tax burden on amendment today and we are not quite ficient answer to the problem, we are the American people by eliminating finished with it. That is not the kind of just fooling ourselves, and we haven’t the tax increases that come with the discipline we need to finish it. I ask, addressed the real problem. expiration of the tax cuts this Congress how much time remains on the resolu- As Ronald Reagan once said: previously passed. There are people, tion on both sides? We’ve gone astray from first principles. some of whom are in this very body, The PRESIDING OFFICER. Six hours We’ve lost sight of the rule that individual who still honestly believe we can sue, 50 minutes for the Senator from Okla- freedom and ingenuity are at the very core of everything we’ve accomplished. Govern- tax, and regulate our way to economic homa, and 5 hours 39 minutes for the ment’s first duty is to protect the people, growth and prosperity. Senator from North Dakota. not run their lives. Finally, I want to say I realize we are Mr. NICKLES. I plan on yielding In America today, we are seeing that in an election season, and there are back some time, as I have said. Unfor- all too clearly. some who have pinned their political tunately, we started this amendment All too many of our states have prospects on America doing badly, on at 9:30 and we have been on it now for reached the point where they are sim- unemployment remaining high. When a couple of hours. It is an interesting ply no longer friendly toward the free they see that the facts are against the amendment, but it is not that inter- market. Why should a business choose trend they want, that the economy is esting. I am troubled. I have 6 hours to stay in America where they will actually doing better, their only hope and 50 minutes. Mr. President, I yield have to deal with ever expanding red for their political prospects is to talk back 4 hours off of our time on the res- tape and regulation, where they face about a ‘‘jobless recovery.’’ Well, the olution. exponential legal risks in states with- economy is recovering; it is creating The PRESIDING OFFICER. The Sen- out real commonsense tort reform and jobs. But it will not continue to do so ator has that right. That time is yield- class action reform, where they are vir- if we reverse the policies that have ed back. tually guaranteed to pay higher and brought us to where we are today. We Mr. NICKLES. I plan on yielding higher taxes every year? must ensure that the taxpayers keep back additional time. I came in today No, raising taxes won’t solve this more of the money they earn, so they thinking we should have 10 minutes on problem. Job training and educational can save it or invest it in a small busi- each side on every amendment today. I programs alone won’t solve the prob- ness—which is a great job-creating en- don’t want to cut people off from being lem either. The knee-jerk response of gine in this country—the small busi- able to debate their amendments. My many in government, to take more nesses that proliferate in this Nation, colleague from North Dakota is cor- money from the taxpayers so we can which provide jobs by huge numbers to rectly wanting to have time agree- throw it around, doesn’t work. the American people. ments on a multitude of amendments. I The only way we will solve the prob- I simply believe we should not let am willing to enter into those, but I lem is when we in the Federal Govern- ourselves lose confidence in what has am insisting on being able to see the

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.033 S11PT1 S2606 CONGRESSIONAL RECORD — SENATE March 11, 2004 amendment. I know my colleague from we are contemplating is keeping the On page 3, line 18, increase the amount by North Dakota is trying to get them. A tax laws as they are for American fam- $1,430,000,000. lot of people say I want a time agree- ilies, I am afraid this will be a big hit On page 3, line 19, increase the amount by $858,000,000. ment, but they are rewriting the on American families. On page 3, line 20, increase the amount by amendment as we speak. That is not At the appropriate time, I will urge $143,000,000. fair. We need to have both sides be able my colleagues to vote no on the On page 4, line 20, increase the amount by to analyze the amendments so we will amendment. $429,000,000. know what we are debating, especially Mr. President, the next order of busi- On page 4, line 21, increase the amount by if we are going to be in a very trun- ness is the Senator from Maryland, Mr. $1,430,000,000. cated timeframe. If I am debating an SARBANES, to offer an amendment. I On page 4, line 22, increase the amount by amendment and I say it increases taxes ask unanimous consent that we set the $858,000,000. Boxer amendment aside and consider On page 4, line 23, increase the amount by by $24 billion, I want to be accurate. I $143,000,000. actually insist on accuracy. It bothers the amendment of Senator SARBANES. On page 5, line 3, decrease the amount by me if we are not accurate. The PRESIDING OFFICER. Is there $429,000,000. Mr. President, I am going to speak on objection? On page 5, line 4, decrease the amount by the Boxer amendment for a moment. Mr. SARBANES. Will the Senator $1,859,000,000. We had a time limit of 20 minutes on yield? On page 5, line 5, decrease the amount by each side on the Boxer amendment. It Mr. NICKLES. Not on my time. $2,717,000,000. was breached very significantly pri- Mr. SARBANES. I was going to try On page 5, line 6, decrease the amount by $2,860,000,000. marily on the Democrat side, and to get a time limitation because the Senator seemed anxious to do that. I On page 5, line 7, decrease the amount by maybe a little bit on our side. This is $2,860,000,000. an amendment that says we want to do am happy to try to cooperate in that On page 5, line 11, decrease the amount by some things to create jobs domesti- effort. Would 30 minutes equally di- $429,000,000. cally, but in effect it says we want to vided be acceptable, 15 minutes on a On page 5, line 12, decrease the amount by sock it to the people creating jobs by side? $1,859,000,000. increasing their taxes. Mr. NICKLES. That will be more On page 5, line 13, decrease the amount by Then it says we will give tax credits than acceptable. I ask unanimous con- $2,717,000,000. sent that there be 30 minutes equally On page 5, line 14, decrease the amount by if you do such and such. It is a tax- $2,860,000,000. spend amendment, $24 billion of in- divided on the Sarbanes amendment. On page 5, line 15, decrease the amount by creased taxes. Incidentally, the taxes Mr. CONRAD. Reserving the right to $2,860,000,000. we are assuming for next year—and object. SEC. . RESERVE FUND FOR FIRE ACT AND this has an $8 billion tax increase for The PRESIDING OFFICER. The Sen- SAFER ACT PROGRAMS. 2005. What we are assuming in the ator from North Dakota. The Chairman of the committee on the budget for 2005 is $2.6 billion for child Mr. CONRAD. Might we also lock in Budget of the Senate shall revise the aggre- credit and $5.4 billion on marriage pen- the Dorgan amendment? We have a gates, functional totals, allocations to the Committee on Appropriations of the Senate, alty. So this could eliminate the child copy of that amendment, and we have gotten an agreement on our side to discretionary spending limits, and other ap- credit and the marriage penalty. I find propriate levels and limits in this resolution it to be a very flawed concept. have 20 minutes equally divided on that amendment. by up to $1,430,000,000 in budget authority for Also, I can’t help but think the reper- fiscal year 2005, and by the amount of out- cussions they would have if we actually Mr. NICKLES. I will agree with that, lays flowing therefrom in 2005 and subse- did some of what is contemplated in Mr. President. I amend my request to quent years, for a bill, amendment, motion, this amendment. We are going to sock include the Dorgan amendment to be 20 or conference report that provides additional it to companies that have runaway minutes equally divided. fiscal year 2005 discretionary appropriations, plants. I wonder if ‘‘runaway plants’’ is The PRESIDING OFFICER. Without in excess of the levels provided in this reso- lution for firefighter assistance grant pro- defined by Microsoft or by Intel or objection, it is so ordered. The pending amendment is set aside, grams such as those authorized by Title General Electric or some of our great and the Senator from Maryland is rec- XVII of the FY 2001 National Defense Au- multinationals we have in this coun- ognized. thorization Act (P.L. 106–398) and by Section try. If we are going to tax them at 1057 of the FY 2004 National Defense Author- rates that are greatly to the disadvan- AMENDMENT NO. 2789 ization Act (P.L. 108–136) and are adminis- tage to their competitors, this amend- Mr. SARBANES. Mr. President, I tered by the Department of Homeland Secu- ment is more or less saying we would send an amendment to the desk. rity. like your headquarters, Intel, to be in The PRESIDING OFFICER. The Mr. SARBANES. Mr. President, as I China, or maybe we should have clerk will report. understand it, I have 15 minutes. Microsoft’s headquarters in Japan. Our The legislative clerk read as follows: The PRESIDING OFFICER. That is Tax Code actually encouraged the loca- The Senator from Maryland [Mr. SAR- correct. tion of Chrysler to be in Germany, and BANES], for himself, Mr. DODD, Mr. JOHNSON, Mr. SARBANES. Mr. President, I Mr. BIDEN, Mr. LEVIN, Ms. MIKULSKI, Mr. yield myself 5 minutes. this amendment would make it worse: CORZINE, Mr. KERRY, Ms. STABENOW, and Mr. The PRESIDING OFFICER. The Sen- Let’s export jobs and headquarters ROCKEFELLER, proposes an amendment num- overseas. This may be well intended, it bered 2789. ator is recognized. Mr. SARBANES. Mr. President, I may be a political amendment, but its Mr. SARBANES. Mr. President, I ask offer an amendment today to fully fund economic consequence would be a dis- unanimous consent that the reading of the Assistance to Firefighters grant aster. the amendment be dispensed with. The Finance Committee is working The PRESIDING OFFICER. Without program, and to fully fund the Staffing on a FSC/ETI bill that has broad bipar- objection, it is so ordered. for Adequate Fire and Emergency Re- tisan support. The essence of it is to be The amendment is as follows: sponse (SAFER) Act, which, of course, provides for additional staffing. WTO compliant and also to assist man- (Purpose: To fully fund the FIRE and SAFER ufacturers. I do not happen to agree Acts and reduce the debt by reducing the As a Co-Chairman of the Congres- with preferential corporate rates for tax breaks for the top one percent of in- sional Fire Services Caucus, I am manufacturers vis-a-vis other corpora- come earners) pleased to offer this amendment. I cer- tions, but it has a lot of positive provi- On page 3, line 9, increase the amount by tainly underscore and recognize the sions to help make us competitive with $429,000,000. significant role which my colleague, particularly our European allies. That On page 3, line 10, increase the amount by Senator DODD of Connecticut, has bill has bipartisan support. We ought $1,430,000,000. played on both the firefighter grant to pass it. On page 3, line 11, increase the amount by program and the SAFER Act. $858,000,000. I think the proposal that has been On page 3, line 12, increase the amount by In his budget for 2005, the President discussed for the last 3 hours would be $143,000,000. requested only $500 million for the very detrimental. It is a big tax in- On page 3, line 17, increase the amount by FIRE grant program. This is a cut of crease, and since the only tax change $429,000,000. close to $250 million, a third of the

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.037 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2607 funding for this program from the lev- paring our Nation’s firefighters for the the purpose of making sure our home- els established by the Congress over hazards that face them. land will be protected in the best pos- the past two fiscal years. The fully au- The PRESIDING OFFICER. The Sen- sible way by those who are on the front thorized amount for the current fiscal ator’s time has expired. lines; that they will have what they year is $900 million, and this amend- Mr. SARBANES. I yield myself 1 ad- need to do their jobs, and that they ment would seek to take the program ditional minute. will have the training to do it safely. to that level. Mr. President, I say to my col- This is a very important matter, and The FIRE grant program is a com- leagues, it is all well and good to run I think not only has the Appropriations petitive grant process that funds fire- ads on the television that show our Committee responded through the new fighting equipment, firefighting vehi- firefighters meeting their duty, car- Appropriations Subcommittee on cles, fire prevention, and safety pro- rying out their heroic responsibilities. Homeland Security, but so have the au- grams. Unlike many other programs di- But if we really want to honor our fire- thorizing committees that have made rected toward first responders, these fighters we need to fund these pro- available these new programs, specifi- funds go directly to local communities grams, both to give them the staffing cally authorizing them for the benefit and fire departments and do not pass and to provide them the equipment of those at the local level who are fire- through the States. they so desperately need. fighters and who are called upon to be The Staffing for Adequate Fire and I urge my colleagues to support the the first person on the scene in the Emergency Response Act, the SAFER amendment. case of a disaster, whether it is a nat- Act, would provide 4-year grants to ca- The PRESIDING OFFICER (Mr. ural disaster or whether it is a disaster reer and volunteer fire departments for GRAHAM of South Carolina). The Sen- that is occasioned by the attack of ter- firefighter hiring. The Congress au- ator from Mississippi. rorists. thorized this program in the fiscal year Mr. COCHRAN. Mr. President, in re- Like all programs, we are going to 2004 Defense Authorization Act at a sponse to the suggestion of the Senator continue to listen to those who have level of $1.03 billion, and this amend- from Maryland, I point out that this the obligation of meeting these respon- ment seeks to fund that program at the amendment not only increases spend- sibilities to be sure they have what authorized level. ing but it raises taxes. It is a specific they need to do their jobs and to carry Regrettably, the budget the Presi- assumption that tax levels will be in- out their mission successfully. We are dent sent to the Congress, despite the creased and spending will be directed working hard to assist them to the best fact he signed the legislation con- with those funds to a homeland secu- of our ability. tending the authorization of the rity function involving first respond- Any Senator has the opportunity to SAFER Act, contained no money; in- ers, firefighters. offer an amendment to a budget resolu- deed, no mention of it, as I indicated The budget resolution submitted by tion to increase spending for any pop- before, while the budget he sent to the the President to the Congress asks for ular program, but at some point we Congress with respect to the firefighter $3.6 billion for fiscal year 2005 for first have to recognize that the committee grant program reduces that program responders. During the appropriations of jurisdiction has a responsibility, too. from the previously appropriated process, the Congress is going to deter- That is the responsibility to make the amounts in two successive fiscal years mine the exact level of funding for tough decision that it is going to be $1 of approximately $750 million to $500 each program within that general billion for this program, or $2 billion million. broad category in the budget resolu- for that program. The need for both of these programs tion, but this resolution before the These are not easy decisions. But is very strong; indeed, I would say Senate approves and suggests the this committee has gone through the overwhelming. In December of 2002, President’s requested level is appro- process of reviewing the request from FEMA and the National Fire Protec- priate and that ought to be the level the administration, listening to all of tion Association jointly released the the Senate approves. the suggestions made in the com- congressionally authorized Needs As- Since the events of 9/11, Congress has mittee, weighing our responsibilities to sessment of the U.S. Fire Service. The responded with significant and gen- provide the moneys we would like to results of this report were startling. erous support for our Nation’s fire- provide and then providing the moneys Among its findings, the report noted fighters and other first responders. available to us through the tax process that an estimated 57,000 firefighters Over $1 billion has been specifically ap- that we can expect to be available for lacked protective clothing; half of all propriated for direct assistance to fire- allocation. fire engines are at least 15 years old; fighters since fiscal year 2002. In addi- This is a tough job. It is not a fun and approximately one-third of fire- tion to specific Federal assistance, job. I respect the work that has been fighters are not equipped with essential States and local communities can use done by the Budget Committee. As self-contained breathing apparatus, one the funds available through the Office chairman of the subcommittee that has of the most important and basic safety of Domestic Preparedness to support jurisdiction over the funding of the ac- devices for any firefighter. the needs of firefighters at the local tivities of the Department of Homeland The need for the SAFER program is level. Over $5.7 billion has been appro- Security, we try to bring to the process equally evident. OSHA has set a stand- priated to the State and local grant the same kind of diligence and sensi- ard that dictates that four firefighters program through the Office of Domes- tivity to the needs of those who will re- are needed to respond to any structural tic Preparedness since fiscal year 2002. ceive the funds but also to the budget fire, two inside the structure and two For our most threatened commu- process and to the integrity of the outside. The FEMA-National Fire Pro- nities, the funds available through the process so we do not undermine our ca- tection Association Needs Assessment high-threat, high-density urban grant pacity to get our economy moving estimates that, on average, close to program can also be used to assist fire- again and to continue to grow. half of all fire departments in commu- fighters. Over $1.4 billion has been ap- Working within the current fiscal nities of less than 1 million people are propriated to this account since fiscal constraints and trying to exercise good forced to respond to emergencies with year 2003. judgment, we must set priorities. I fewer than the four firefighters man- I do not think Congress has ignored urge the Senate to reject this amend- dated by these standards. the interests of the first responders, ment and make the choice to support The SAFER Act would go a long way nor has this administration. I know of the Budget Committee. in ameliorating this severe staffing numerous announcements that have The PRESIDING OFFICER. The Sen- shortage and would provide funding for been made in my State, as there have ator from Maryland. 75,000 new firefighters over the next 7 been in many other States, of specific Mr. SARBANES. How much time do I years. grant allocations throughout the have remaining? This amendment, which provides the States to the local communities that The PRESIDING OFFICER. The Sen- full funding for both the Assistance to have applied for funds, that have tried ator has 81⁄2 minutes. Firefighters grant program and the to upgrade equipment, and improve Mr. SARBANES. I yield myself 5 SAFER Act, will go a long way in pre- training opportunities. This is all for minutes.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.039 S11PT1 S2608 CONGRESSIONAL RECORD — SENATE March 11, 2004 The PRESIDING OFFICER. The Sen- fund the so-called SAFER Act. This is able way is our obligation. I think the ator is recognized for 5 minutes. legislation that was adopted and signed Budget Committee has done a good job Mr. SARBANES. Mr. President, the into law last year, at the end of the sorting through all the requests and budget submitted by the President re- year, almost, November 25, 2003, by the the suggestions that have been made duces funding for grants to local police, President. The budget process for fiscal by the Senate for this resolution. I fire and emergency medical agencies year 2005 had already begun. The budg- think we should applaud them. from $4.2 billion in the current fiscal et submissions were on their way, in I support the committee and hope the year to $3.5 billion in fiscal year 2005, a fact, through the pipeline. Given there Senate will reject this amendment. very substantial cut. will be an opportunity to review the The PRESIDING OFFICER. The Sen- This cut comes despite a June 2003 new authorization that was contained ator from Maryland. report entitled ‘‘Emergency Respond- in the SAFER Act, which was actually Mr. SARBANES. Mr. President, I ers Drastically Underfunded, Dan- a part of the Defense authorization again underscore the tremendous need gerously Unprepared,’’ issued by a com- bill, it will be reviewed as we go for these resources in order for our fire- mission headed by our former col- through the next budget cycle and it fighters to be able to carry out their league, Senator Warren Rudman of may be reflected as a specific request responsibilities. In June of last year, New Hampshire. The title of that re- for funding next year. I don’t want to not even a year ago, the Rudman Com- port, again, is ‘‘Emergency Responders make the presumption as to what the mission, headed by our former col- Drastically Underfunded, Dangerously administration’s decision will be re- league Warren Rudman, issued a report Unprepared.’’ garding specific amounts for this pur- entitled ‘‘Emergency Responders Dras- The President’s budget for the fire- pose. It was simply premature, I think, tically Underfunded, Dangerously Un- fighter grant program, which provides to suggest the administration has prepared,’’ that found budget shortfalls this badly needed equipment, asks for failed to fund the SAFER Act. That is in the tens of billions of dollars. We $500 million. We appropriated $750 mil- the point. need to address this issue. lion in this year’s budget and in the I mentioned all the other authoriza- The history of the administration on previous year’s budget. Yet the Presi- tions the Congress has approved and this matter is regrettably a sorry tale. dent is cutting that figure by one- the requests for funding the adminis- When we created the Fire Grant Pro- third. The President’s budget provides tration has made for additional pro- gram in 2000, the Bush Administration, no funding for the SAFER Act, which grams. I don’t think anyone who has when it came in, moved to eliminate this Congress passed last fall, and been reading the papers or following the program in its preliminary budg- which provides State, local, and re- the progress of the financial commit- etary vision for fiscal 2002. We had to gional agencies with funds to hire fire- ments that have been made by the Fed- fight the administration to put the fighters, paramedics, emergency med- eral Government to State and local program back in its budget request for ical technicians, rescue workers, ambu- communities for first responders can that year. In the end, it proposed flat lance personnel, and hazardous mate- ignore the fact that there has been a funding the program. rial workers for local fire departments. gigantic infusion of funding for these After the attacks of 9/11—and as I These fire departments desperately purposes. Local volunteer fire depart- noted earlier, we are now seeing tele- need these funds. The question is then, ments, communities that have training vision spots showing our firefighters as the Senator pointed out, how will facilities and those who do not, have carrying out their heroic responsibil- they be paid for? Well, the tax cuts been able to get money to send people ities—Congress appropriated an addi- that have been received by the top 1 for specialized training. Some commu- tional $210 million in emergency spend- percent are $45 billion annually. A nities have been able to obtain equip- ing for the program, recognizing its small percentage of that in the single ment they had never had an oppor- significance. The administration re- numbers shifted from that purpose to tunity to purchase, and wouldn’t, fused to spend the money initially, and this purpose would enable us to fund under the tax structures of these towns eventually and reluctantly did so after these firefighter programs at the fully and cities, have a chance to obtain. an outcry from the Congress. authorized level. The response has been enormous. In the fiscal year 2003 budget they These are questions of choice, and You can say: Well, more needs to be proposed rolling this Fire Grant Pro- the choice very directly put by this done. gram into the general first responder amendment is whether a portion of My answer is: More will be done. We account. There was great concern in these outsized tax reductions for the are continuing to look for ways to sup- the Congress about dismantling the top 1 percent of the population ought port the activities that are important specific program. We appropriated al- not to be shifted to enable our first re- at the local level to equip our first re- most $750 million to the program in its sponders to get the equipment and sponders. Firefighters are certainly in- own account. staffing, and get the training which cluded. I am proud of the aggressive Last year the President sought to cut they need in order to handle the situa- way the administration has moved to it by a third. Last year the Congress— tions that face them. It is not a suffi- respond and to act in a generous way, and I give credit to my colleagues for cient tribute to firefighters, in my and to provide the requests and the this—restored the funding to close to judgment, to show them on TV ads car- support for these training and equip- $750 million. rying out their heroic responsibilities ment activities. We have special funds This year the budget submitted to us and then to fail to provide them with allocated to high-threat urban areas. I again cuts it to $500 million and there the resources they so clearly need in mentioned that over $1.4 billion that is no money for the SAFER Program, order to be able to do the job. has been appropriated to that grant even though it had been authorized I urge my colleagues to support this program since fiscal year 2003. back in November. amendment. I am hopeful we can continue to see We need these resources. The Rud- I reserve the remainder of my time. the Government respond in a thought- man Commission has told us in their The PRESIDING OFFICER. Who ful way to make sure we continue to report, emergency responders are dras- yields time? set the priorities that need to be set tically underfunded and dangerously Mr. COCHRAN. Mr. President, how and support those who are responding unprepared. We need to change that much time remains on the amendment? to save lives and protect the citizens of equation and we can begin the process The PRESIDING OFFICER. There re- this country. I am proud of the work of doing so by providing the resources main 9 minutes on the majority side we are doing, too, here in the Congress to fund these two programs at their au- and 4 minutes 18 seconds on the minor- to support these efforts. There is not thorized level, paying the firefighters ity side. enough money to satisfy some people, the tribute they deserve by giving Mr. COCHRAN. One other point I and there never will be. But working them the protective tools and the staff- should have made when I was respond- together with local communities and ing with which to do their job. ing to the remarks of my good friend State governments to identify the The PRESIDING OFFICER. Who from Maryland was he suggested the highest priorities, to make sure we al- yields time? The Senator from Okla- administration has somehow failed to locate the funds in a fair and reason- homa.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.042 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2609 Mr. NICKLES. How much time re- land Security, and we have provided it peal of the estate tax by 1 year, and mains on the amendment? for them. He wants to reallocate some making permanent the capital gains The PRESIDING OFFICER. There re- of it to higher priority areas. I think and dividend tax cuts. With the deficit main 4 minutes 20 seconds for the ma- we are trying to give that to him to exploding, the country still vulnerable jority, 34 seconds for the minority. fulfill that function. Senator COCHRAN to terrorist attack, and our Nation’s Mr. NICKLES. Does the Senator from manages this appropriations bill, and firefighters in need of the resources Mississippi mind if I make a couple of he does it very well. necessary to respond to emergencies additional comments and I will be I urge our colleagues to vote no on and to save lives, it is only right that happy to yield him additional time if the Sarbanes amendment. the top one-tenth of one percent of the he wishes. Also, I failed to add this amendment wealthiest Americans pay their fair I know some people think we never raises taxes by $2.9 billion. It is an- share for homeland security. do enough anywhere. Basically they other big tax increase. In fact, Mr. President, homeland se- will want to increase spending every- The only taxes we are really assum- curity is exactly what this amendment where. In this particular area we are ing in the next couple of years are fam- is all about. The defenders on our home increasing spending a lot. ily-friendly tax cuts. Maybe that front are not dressed in combat fa- The Department of Homeland Secu- means the 20-percent tax credit won’t tigues. They do not drive tanks on the rity has a 15-percent increase, accord- continue to be as broad as it is. Maybe streets of the Nation’s cities. They ing to the Congressional Budget Office. it means the child credit won’t be ex- wear firefighter uniforms, and they That is counting bioshield. That is tended. drive fire engines. They risk their lives kind of hard to compute. Take bio- I urge our colleagues not to support to keep us safe just like our troops shield out. It is a 10-percent increase— this amendment. overseas, and I for one appreciate their a 10-percent increase. Secretary Ridge Mr. DODD. Mr. President. I rise in efforts greatly. wants to reallocate some of it into support of this amendment to help the I know that the fire service has men higher threat areas. I know some peo- Nation’s firefighters safely do their and women who are willing to do what- ple want to use homeland security as jobs. ever it takes to get their jobs done. We basically revenue sharing and give Specifically, this amendment does have first-rate firefighters throughout more money to every city in the area, three things. First, it restores funding the Nation, but they are underfunded, or every county in the area, maybe to the Assistance to Firefighters Grant understaffed, undertrained, and every police department or fire depart- Program, which I authored in 2000 with underequiped to deal with many emer- ment and say this is for homeland se- Senators DEWINE, LEVIN, and WARNER. gencies that may arise. curity. Secretary Ridge said we should This law stands as the first federal The responsibilities of America’s reallocate some of these moneys. It is grant program explicitly designed to firefighters have changed. They have still a big increase. Actually, it is the help firefighters throughout America certainly come a long way from the largest percentage increase of any of obtain better equipment, improved ‘‘bucket brigades’’ in colonial America, our major departments, and we should training, and needed personnel. where two rows of people would stretch direct this toward the high critical Second, this amendment provides from the town well to the fire, passing threat area. I compliment him for that. funding for the implementation of the buckets of water back and forth until I also say this is money wasted. A lot SAFER Act. This law, which I authored the fire was extinguished. of money is being wasted. Maybe a lit- with Senator WARNER and was enacted tle tightening might be in order. last November, authorizes a federal Today, firefighters must do more. The District of Columbia used this to grant program to hire an expected They still have their traditional re- outfit leather jackets on the police 75,000 new firefighters over the next sponsibilities of extinguishing fires, de- side; in Maryland, money is used to seven years. livering emergency medical services, buy the Prince George’s County pros- Finally, this amendment allocates and ensuring that fire codes are in- ecutor’s office a security system. much-needed funding for deficit reduc- spected. Now the fire service has new This is homeland security, but this is tion. The Senate budget resolution, homeland security responsibilities, all in one pot. We can try to pretend which largely reflects President Bush’s such as responding to biological and ra- this is going to this or that, but, frank- irresponsible fiscal policies, adds a diological agents. ly, we are giving so much money to the staggering $2.86 trillion to the national The reality, however, is that cash- appropriators. But we are expecting at debt over the next 5 years. strapped States and cities simply do least a 10-percent increase going to Mr. President, $2.86 trillion dollars! not have the resources—financial as homeland security. These numbers are totally mind-bog- well as personnel—needed to single- In Virginia, a small volunteer fire de- gling. The Republicans have always handedly safeguard their populations. partment spent $350,000 on a custom- claimed that they are the party of fis- Nor do they have the fiscal reserves made fire boat. The Metropolitan cal responsibility. Under their Senate necessary to deal with heightened Washington Council of Governments Budget resolution, however, $612 billion warning levels for any extended period used some of the money for janitorial will be added to the gross debt from of time. services. The District of Columbia Hos- 2004 to 2005; the next year $569 billion According to a national Needs As- pital Association shows a formula that will be added; the next year $553 bil- sessment study of the U.S. Fire Service guaranteed every city hospital a share lion; the next year $553 billion; the published in December 2002, most fire of an $8 million grant. Prince George’s next year $563 billion; and the next departments lack the necessary re- homeland security funds, instead of year $564 billion will be added to the sources and training to properly handle buying protective gear for police offi- debt. Despite the claims of President terrorist attacks and large-scale emer- cers, they chose to purchase a half-mil- Bush and the Budget Committee ma- gencies. The study found that: lion-dollar digital camera system used jority, I see no significant progress Using local personnel, only 11 percent for mug shots. The District of Colum- being made at reducing the increases of fire departments can handle a rescue bia, Leslie Hotaling, director of the to the debt. In fact, we’ve gone from with emergency medical services at a District’s Department of Public Works record surpluses to record deficits in structural collapse of a building with said, ‘‘If we can tie it to 9/11 and build only 3 years! 50 occupants. Nearly half of all fire de- capacity into our core functioning, The offset we are proposing to pay partments consider such an incident let’s do it.’’ Her agency spent more for this amendment is a reduction in beyond their scope. than $55,000 on basic training courses the tax cuts benefiting individuals with Using local personnel, only 13 percent such as map reading and handling prob- annual incomes over $1 million. Ac- of fire departments can handle a haz- lem employees. cording to the Center on Budget and ardous material incident involving My point is that Secertary Ridge re- Policy Priorities, the Senate budget chemical and/or biological agents with quested—and he has a very difficult resolution calls for tax cuts which are 10 injuries. Only 21 percent have a writ- and challenging job—10 percent more extremely beneficial to the wealthiest ten agreement to direct the use of non- money for the Department of Home- Americans such as accelerating the re- local resources to handle the situation.

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.045 S11PT1 S2610 CONGRESSIONAL RECORD — SENATE March 11, 2004 An estimated 40 percent of fire de- budget, as well as the Senate budget their efforts to save thousands of lives partment personnel involved in haz- resolution, provides not one cent for trapped in the World Trade Center. The ardous material response lack formal the SAFER Act, which would fund role played by those firefighters who training in those duties, most of them 75,000 new firefighters over the next lived and died in the line of duty on serving smaller communities. seven years. It makes no sense. that tragic day made the Nation proud. Finally, an estimated 60 to 75 percent The need for additional firefighters On that day and on every other day, of fire departments do not have enough on our Nation’s streets is great. Ac- they are the first ones in and the last fire stations to achieve widely used re- cording to National Fire Protection ones out. They risk their own lives to sponse time guidelines. Many fire de- Association standards, a minimum of save the lives of others. They stare partments often fail to respond to fires four firefighters is required to initiate danger in the face because they know with sufficient personnel to safely ini- an interior attack on a house fire. And that they have a duty to fulfill. tiate an interior attack on a structural 73 percent of departments serving pop- The Congress has a duty to the fire fire. ulations between 10,000 and 25,000 lack service as well. We must ensure that These statistics are startling. The such personnel. there is full funding for the FIRE Act risks that firefighters are expected to For fire departments serving popu- and the SAFER Act, so I urge my col- respond to have far outgrown the abil- lations between 25,000 and 50,000, the leagues to support this amendment. ity of city governments to equip fire- number climbs to 82 percent. The PRESIDING OFFICER. The Sen- fighters to do what we are asking them For fire departments serving popu- ator from Maryland. Mr. SARBANES. Mr. President, I to do. This situation demands imme- lations between 50,000 and 100,000, 76 want to point out that the examples percent lack the minimum of four fire- diate action by the Senate to address the chairman of the committee used these concerns. fighters. for the supposed waste of money, other Unfortunately, the Bush administra- And 56 percent of fire departments than one, did not involve firefighters. tion is talking out of both sides of its protecting 100,000 and 250,000 people You can drag all these cats and dogs in mouth when it comes to helping fire- also do not have the necessary four from anywhere you want. The only fighters. Secretary Ridge of the De- firefighters. firefighter example that was used was a partment of Homeland Security talks Then it is 41 percent for departments purchase of a firefighting boat. On the about training and equipping first re- serving 250,000 and 500,000 people, 40 face of it, that may well have been a sponders yet the President’s Budget percent for departments protecting good expenditure. and the Senate budget resolution cuts populations between 500,000 and one In any event, these are competitive the FIRE Act grant program by $250 million people, and 0 percent for de- grants and the judgment on who gets million. This amendment will restore partments protecting at least one mil- the grants and for what purpose is these funds to their authorized level of lion people. made by the administration. To the ex- $900 million for fiscal year 2005. Just as the FIRE Act provides the tent you can site something, the ulti- Mr. President, the FIRE Act grant equipment and training resources for mate responsibility for it comes back program has been one of the most suc- firefighters to do their job, the SAFER on the administration. cessful initiatives in recent years. I am Act complements it by also providing Furthermore—will the Senator give currently working closely with Senator the human resources to meet the chal- me 2 minutes? DEWINE to reauthorize this program lenge of an extended war against ter- Mr. CONRAD. I yield 2 minutes to for the future. The need is certainly rorism. Since 1970, the number of fire- the Senator from Maryland off the res- out there in all regions of the country fighters as a percentage of the nation’s olution. urban and rural, large cities and small workforce has steadily declined. Today Mr. SARBANES. Furthermore, the communities, North and South, East in the United States there is one fire- Senator says if we are going to get this and West—for these competitive, fighter for every 280 citizens. We have money, $2.8 billion, you would have merit-based grants that assist fire de- fewer firefighters per capita than to—then he mentions all kinds of possi- partments with their heaviest burdens. nurses and police officers. bilities on the tax side. Obviously, we For Fiscal Year 2003, the program re- We need to turn the trend around can’t direct specific instructions to the ceived approximately 19,950 applica- now more than ever. Understaffing is tax committee, but we can point out tions from fire departments across the dangerous for the public and for fire- what the opportunities are. The top 1 nation, totaling $2.5 billion in grant re- fighters. Chronic understaffing means percent is getting that billion-dollar quests, while only $750 million in fed- that many firefighters do not have the tax credit. The cost of the Bush tax cut eral funding was available for such backup and on-the-ground support they for those making over $337,000 in 2005— grants. need to do their jobs safely. The sad the top 1 percent, over a $337,000 in- A January 31, 2003 report by the U.S. consequence is that about every three come—$45 billion. Department of Agriculture found that days we lose a firefighter in the line of We are suggesting very simply that a 99 percent of program participants duty. On some days, the losses are un- small portion of that be shifted in were satisfied with the program’s abil- imaginably high. Firefighters need re- order to help address the challenges that confront our firefighters. ity to meet the needs of their depart- inforcements, and the Congress should I urge my colleagues to support this ment. In addition, 97 percent of the be prepared to give them all the help amendment. participants reported that the program they need. This amendment therefore The PRESIDING OFFICER. The Sen- had ‘‘a positive impact on their ability provides funding for the SAFER Act at ator from Oklahoma. to handle fire and fire-related inci- its FY2005 authorized level of $1.03 bil- Mr. NICKLES. Mr. President, I will dents.’’ The report concluded that lion. speak on time off the resolution. ‘‘overall, the results of our survey and In closing, it is important to recall My colleague keeps coming back say- our analysis reflect that the Assistance the important role that firefighters ing we want to sock it to the wealthy. to Firefighters Grant program was have played in American history since You don’t do that in a budget resolu- highly effective in improving the readi- its earliest days. In fact, firefighting tion. You tell the committee to raise ness and capabilities of firefighters can be linked to some of our Nation’s more taxes. I will tell you that all we across the nation.’’ The FIRE Act most illustrious personages. Benjamin are assuming the committee is going to grant program is truly a success story, Franklin established the first volun- do is extend present law. This would and it deserves the Senate’s full sup- teer fire department in Philadelphia in make it so you can’t do that. That port. 1735. George Washington himself was a means low-income people are going to It is surprising to me then that volunteer firefighter across the Poto- see a tax increase, if we don’t extend President Bush and the Senate budget mac River in Alexandria, Virginia, and present law. That is what we are as- resolution would slash $250 million he imported the first fire engine from suming we are going to do. from this very successful program. It is England in 1765. I know my colleagues would like to also surprising to me that President Of course, on September 11, 2001, 343 raise the 35-percent rate. That is what Bush would show images of firefighters members of the New York Fire Depart- corporations pay. A lot of us really do in a campaign advertisement when his ment made the ultimate sacrifice in not think individuals will pay more

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.125 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2611 than Exxon. How about a little fair- The assistant legislative clerk read Mr. DORGAN. Mr. President, I have ness? as follows: agreed to a rather short time limit for I tell my colleagues that this idea of The Senator from North Dakota [Mr. DOR- a debate on my amendment. I know we tax and spend, we are always going to GAN] proposes an amendment numbered 2793. are facing a lot of votes in the later tax that person behind the tree, it is Mr. DORGAN. Mr. President, I ask hours of today and perhaps even tomor- going to be that multimillionaire, that unanimous consent that reading of the row. So I have agreed to 10 minutes on is not the way the Budget Committee amendment be dispensed with. each side. works and that is not the way the Fi- The PRESIDING OFFICER. Without This budget that is brought to the nance Committee works. objection, it is so ordered. Senate deals with choices. We make We have defeated these amendments. The amendment is as follows: choices. I have great respect for people I hope we will continue to defeat the (Purpose: To increase funding for COPS, who have a differing view than mine on amendments that sock it to them by Byrne grants, and Local Law Enforcement the choices of where to spend money raising taxes and increasing spending. Block Grants, and reduce the debt by re- and where to save money. They have I hope our colleagues will realize it is ducing the President’s tax breaks for tax- every right to share views. I respect not going anywhere, and then maybe payers with incomes in excess of $1 million their views. There are times with re- we can eliminate a lot of these amend- a year) spect to this budget document where ments so we can get some business On page 3, line 9, increase the amount by we disagree. This is one of them. done. $344,000,000. My amendment deals with law en- I am trying to cooperate with my On page 3, line 10, increase the amount by $632,000,000. forcement. The budget that is before colleague from North Dakota. But we the Senate, consistent with the Admin- are making very little progress. I know On page 3, line 11, increase the amount by $510,000,000. istration’s wishes, proposes to cut $1.6 there are a lot of amendments. I am On page 3, line 12, increase the amount by billion of proven, critically important trying to be fair to all colleagues if $610,000,000. domestic law enforcement programs; they wish to debate their amendments. On page 3, line 13, increase the amount by then it would restore about $500 mil- But this idea of spending 3 hours on 2 $104,000,000. On page 3, line 17, increase the amount by lion in funding, leaving the budget $1.1 amendments is not very productive. I billion short for law enforcement pro- hope we will be more successful in $344,000,000. On page 3, line 18, increase the amount by grams. This includes the COPS Pro- moving a little more quickly through $632,000,000. gram. We know that works, but it amendments, especially ones that are On page 3, line 19, increase the amount by would be eviscerated by this budget. so close to being repetitive. $510,000,000. The Byrne grant program, that is the I yield the floor. On page 3, line 20, increase the amount by The PRESIDING OFFICER. The Sen- $610,000,000. most important program to help local ator from North Dakota. On page 3, line 21, increase the amount by law enforcement agencies around this Mr. CONRAD. Mr. President, I yield $104,000,000. country, would be eliminated. The myself such time as I might use off the On page 4, line 20, increase the amount by local law enforcement block grant pro- resolution. $344,000,000. gram would be eliminated. We will be On page 4, line 21, increase the amount by $1.1 billion short for these critical law I urge my colleagues to support the $632,000,000. amendment of the Senator from Mary- enforcement needs. On page 4, line 22, increase the amount by My amendment restores that money, land. The amendment of the Senator $510,000,000. from Maryland does two things: It re- On page 4, line 23, increase the amount by and, in addition, reduces the Federal stores the cuts to firefighters that have $610,000,000. budget deficit by $1 billion. We simply been made in this budget, and it re- On page 4, line 24, increase the amount by restrict, just restrict, a very small duces the deficit. It reduces the deficit. $104,000,000. amount of the tax cut that goes to the On page 5, line 3, decrease the amount by folks in this country earning more We have record deficits. The amend- $344,000,000. ment of the Senator from Maryland is than $1 million a year. On page 5, line 4, decrease the amount by This is just a choice that we have to a twofer. He restores the cuts to fire- $976,000,000. fighters, the first responders. We know On page 5, line 5, decrease the amount by make, one that says a lot about our from the disaster of September 11 that $1,486,000,000. priorities. one of the biggest failings was our first On page 5, line 6, decrease the amount by Last month I held a meeting in North responders, including our firefighters, $2,096,000,000. Dakota, as I have on previous occa- On page 5, line 7, decrease the amount by sions. I had county sheriffs, the high- who could not communicate with each $2,200,000,000. other. They had units from different way patrol, local police officers there. On page 5, line 11, decrease the amount by We were talking about the scourge of jurisdictions and they couldn’t commu- $344,000,000. nicate. That has to be fixed. That costs On page 5, line 12, decrease the amount by methamphetamine. What a devastating money. $976,000,000. scourge to this country. Methamphet- The Senator from Maryland has of- On page 5, line 13, decrease the amount by amine is destroying lives. Anyone can $1,486,000,000. buy the ingredients for methamphet- fered an amendment to restore the cuts On page 5, line 14, decrease the amount by to firefighters. That makes sense. amine at the local stores. Then you can $2,096,000,000. cook it up in a trunk or abandoned Second, he reduces the deficit. To On page 5, line 15, decrease the amount by pay for it, he takes a tiny fraction of $2,200,000,000. farmhouse. It is literally like a prairie the tax cut going to the wealthiest 1 SEC. . RESERVE FUND FOR COPS AND OTHER fire out in rural America. It is an enor- percent in this country, those earning LAW ENFORCEMENT GRANT PRO- mous challenge to local law enforce- over $337,000 a year. The total cost of GRAMS. ment officers. The equipment, the com- the tax cuts for that group in 2005 is $45 The Chairman of the Committee on the munications opportunities, the man- Budget of the Senate shall revise the aggre- billion. The Senator from Maryland re- power, needed to fight this new meth gates, functional totals, allocations to the scourge is very substantial. This is the duces the deficit and restores the cuts Committee on Appropriations of the Senate, to firefighters by using 1.6 percent of discretionary spending limits, and other ap- wrong time to be cutting the law en- that money over four years. propriate levels and limits in this resolution forcement assistance to the states that This amendment is a serious amend- by up to $1,100,000,000 in budget authority for we have given previously. So I suggest ment and it deserves support. fiscal year 2005, and by the amount of out- we restore this money and provide the I yield the floor. lays flowing therefrom in 2005 and subse- funding from the tax cut that has been The PRESIDING OFFICER. The Sen- quent years, for a bill, amendment, motion, given to those earning over $1 million a ator from North Dakota is recognized or conference report that provides additional year. to offer an amendment. fiscal year 2005 discretionary appropriations, This choice that we have to make is in excess of the levels provided in this reso- also about terrorism. We talk a lot AMENDMENT NO. 2793 lution for the Community Oriented Policing Mr. DORGAN. Mr.President, I send Services (COPS) program, the Edward Byrne about the terrorist threat in this coun- an amendment to the desk. formula grant program, and the Local Law try. The first responders to the next The PRESIDING OFFICER. The Enforcement Block Grant program at the terrorist attack will not come out of clerk will report. Department of Justice. the Centers for Disease Control or the

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.047 S11PT1 S2612 CONGRESSIONAL RECORD — SENATE March 11, 2004 FBI or the Secret Service. The first re- down. They were not punching a time- continue it. I have no doubt there are sponders are going to be the local po- card. They were not asking whether lots of cities that would say, Hey, we lice officers on the scene, the fire- they were being paid overtime. They would love for you to pay three-fourths fighters on the scene. The question is, were not talking about anything other of the cost of a new police officer, be- Do they have the training? Do they than their job. They ran right into the cause they have people retiring, they have the equipment? Do they have the face of danger. Many of them lost their have people leaving, and so on. So, yes, capability, the manpower to deal with lives trying to save people. That is we would love to have the Federal Gov- these issues? The Edward Byrne grants what law enforcement does in this ernment come in and pay three-fourths and the COPS Programs and the Local country. This country takes them for of it. Law Enforcement Block Grants go a granted every day and every night. We I question, How long are we supposed long way in making sure that our first go to bed at night feeling safe because to do that? I do not think that is really responders are ready. law enforcement is on our streets. This the Federal Government’s responsi- Now we discover the priority of the country takes it for granted. We ought bility. Maybe it was a little easier to majority and also the administration is to say thank-you to the men and do when we had enormous surpluses. to cut that funding. That is, in my women who wear the badge and keep We do not have those surpluses today. judgment, a very significant mistake. the peace and keep our streets safe. And this really is not the Federal Gov- You know, I was here months ago It is the wrong way to cut the Byrne ernment’s responsibility to be putting leading the fight to try to stop sending grant program, the COPS Program, and police officers in every city. $20 billion of the taxpayers’ money to the things that are essential and are I know we had a city in Oklahoma— reconstruct Iraq. Why did I feel that needed by local law enforcement, and I am trying to remember the name of way? Because Iraq has the money to re- to do that in order to preserve a tax the city—that had no police officers. construct itself. The Iraqi people can cut for those who make over $1 million Yet when the COPS Program came in, pump Iraqi oil and reconstruct Iraq. a year. It is a bad choice for the coun- they thought: We need to have a police The American taxpayer does not need try. And, in my judgment, it is a bad officer. We are going to have the Fed- to spend $20 billion for that. political choice for those who have eral Government pay three-fourths of I lost that vote. This money is on its done it, as well. the cost of our police officer for the way to Iraq. And we have all these law I reserve the remainder of my time. first year. Oh, we have to get him a enforcement programs now in Iraq. So The PRESIDING OFFICER. The Sen- car—and on and on. It was almost com- the American taxpayer is going to pay ator from Oklahoma. ical because they never had a police of- for law enforcement programs for Iraq, Mr. NICKLES. Mr. President, I will ficer in this town. It probably had a which Iraqis could pay for themselves, make a couple of comments and maybe population of 65 or something. and we will cut law enforcement pro- Senator GREGG may want to speak. He But my point is, we have significant grams in this country. What kind of is more knowledgeable about this pro- increases for the Department of Jus- priority is that? gram than I am. tice. We have significant increases to There are some who take a look at What is very clear to me to see is help the FBI, to help law enforcement. those in politics and say: America first; that this amendment is another one of I do not think this is that high of a pri- that is pretty selfish. these amendments on which we had the ority for us to try to be subsidizing po- It is not selfish, in my judgment, to pleasure of voting. This will increase lice departments all across the coun- ensure that we protect the American spending, yes, and it will also increase try. Nor do I think it is good economics public, that we head off future terrorist taxes. We have had that debate several to say, oh, well, we are going to have threats, that we support local law en- times. I guess we will have it several the upper whatever percent. Everybody forcement and respond to the scourge more times. I am happy to debate it. knows. I guess I will repeat this every of methamphetamine and other issues. Some think individuals should pay time. All this amendment does is raise If we do not have the funds for that but more than corporations. I don’t. I taxes. And all we have on the assump- we have the funds to invest in local law think that is bad tax policy. I think tion in the budget resolution is that enforcement in Iraq, which the Iraqis the power to tax is the power to de- middle-income taxpayers are going to could have paid for themselves, there is stroy. If you have to work more than get to keep present law. Now, if that something wrong with our priorities. half the time for the Government, then goes away because of a tax increase, Our priorities need to be changed. you lose your personal freedom. the middle-income taxpayers better I have talked about the three pro- Looking at the COPS Program, I re- look out because their taxes are going grams that the budget would cut. The member the objective of the COPS Pro- up by this multitude of amendments. proposal is to cut a substantial amount gram was to have 100,000 new cops on Incidentally, if it makes any dif- of money from the COPS Program, $698 the street. According to the figures I ference, we are counting how many million, $696 million from the Edward was just handed, we have 118,000 as a tax-and-spend amendments are being Byrne grant program, and $224 million result of the COPS Program, a program offered. And we assume it is going to be from the local law enforcement block that started with an enormous Federal the millionaires. That is not the way it grant. After cutting $1.6 billion, they subsidy, I believe. I have to refresh my works. You tell the Finance Com- create a new program of $500 million, memory, but I believe the Federal Gov- mittee: raise more money, and the Fi- roughly, so you are about $1.1 billion ernment pays 75 percent of the costs of nance Committee is going to raise short. the first year and then something like taxes. And you know with this Presi- Maybe those who say, let’s do this, 50 percent the next year and maybe 25 dent we are not going to be raising maybe they really think that tax cuts percent the third year. Then it is on marginal rates. The marginal top rate for people who make over $1 million the community. is 35 percent. When Bill Clinton was are more important than the Byrne In other words, local police are sup- elected, it was 31 percent. He took it up grant. But if you just held meetings posed to be paid by local communities. to 39.6 percent. It took us this long to with law enforcement officials in your But we said we would give them an ad- get it at 35 percent. State and understand what they face, ditional incentive to hire additional Who benefits from that? Entre- the challenge they face every single police officers basically by a big sub- preneurs, people who are growing, day, you understand that is a bad sidy, but that subsidy would curtail building, and expanding their busi- choice to be cutting these programs. and it would be the responsibility of nesses. When they expand, they create I recall that days after the dev- the community, certainly entirely by jobs. Let’s not stifle economic growth astating attack on September 11, I the fourth year. by some of these ridiculous expansions went to Ground Zero with my col- Some want to keep it forever. As Will to try to grow Government. leagues. I recall looking into the eyes Rogers once said: All Federal programs I think these amendments are get- of the law enforcement officers and the have something in common: a begin- ting a little redundant, maybe a little firefighters who lost brothers and sis- ning, a middle, and no ending. bit repetitive. If our colleagues want to ters, who were moving up those build- We accomplished the objective, I finish, I do not know why we have to ings as the buildings were coming guess, but yet some people want to have so many of them.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.049 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2613 But I urge our colleagues to vote no about the importance of homeland se- produce. It is also extremely addictive on the amendment. curity and first responders would sub- and it is tearing rural communities Mr. CONRAD. Mr. President, I yield mit a budget that so drastically short- apart. Law enforcement officials have myself time off the resolution. changes their needs. I find myself 1 told me that if Congress reduces COPS The PRESIDING OFFICER. The Sen- year later still asking the same ques- funding by 94 percent, we would effec- ator from North Dakota. tions but hearing no good answers. tively decimate their ability to battle Mr. CONRAD. Mr. President, I heard Specifically as it pertains to commu- this deadly drug. my colleague, the chairman of the nity policing and other law enforce- These law enforcement officers are Budget Committee, say that this would ment programs, this budget short- making a huge difference in our com- increase taxes on those who earn over changes smaller communities and munities and on top of that, they play $1 million a year. The cost of the tax grossly under funds programs that the integral part in our homeland de- cuts, in 2005, to those earning over $1 have put more police officers on the fense as first responders. million a year, is $27 billion. street, reduced crime in rural areas, COPS grants have played a critical I point out to my colleague that curbed drug abuse and put at-risk role in providing additional manpower, when it is a question of job creation, it youth back on the right track. technology and training—all of which is an interesting fact. It is true that Instead of strengthening these pro- are necessary to enhance community during the Clinton administration the grams—programs that we know work— security and contribute to the overall top marginal rate was increased from we are pulling the rug right out from goal of national domestic preparedness. 31 percent to 39.6 percent. And guess under our communities’ feet. Under the The Chief of Police in Pine Bluff, AR what happened to economic activity budget proposal, the COPS program Daniel Moses characterized his Home- and job creation. We had 22 million would see a reduction from $756 million land Security Overtime grant as a god- jobs created in this country with the to $44 million—a staggering 94 percent send. 39.6-percent rate. Now we are down to cut. September 11 made us acutely aware 35 percent, and under this President 3 Let me be clear: Taking away COPS of the need of genuine partnerships million jobs have been lost. funding will mean less police officers that involve all segments of our com- If we go back to the Clinton years, on our streets; it will mean less re- munities and all levels of govern- the fact is, he put increased revenue source officers in our schools pre- ment—we all have a role in keeping our into place, cut spending; and we went venting violence and drug abuse; It will community safe. from 22.6 percent of GDP down to 19 also mean longer response times and Our local law enforcement must be percent of GDP on spending, and raised higher crime rates. This is tradeoff we able to respond to whatever may con- revenue, because President Clinton in- should never even consider, yet alone front them in the future, but how can herited from the previous President go through with. they properly respond, when they are Since 1994, my State received $88.4 Bush the same mess this President given a budget that cuts deep into million in COPS grants, which has Bush is creating: record budget defi- their existence? funded 1,289 additional police officers cits. The previous record, before this I would also like to note that in my and sheriff deputies, 112 school re- President, was in his father’s adminis- State, a number of police officers on source officers and more than $11 mil- tration. the front lines of crime prevention are lion in crime-fighting technologies. Ar- When President Clinton came in, he also fighting on the front lines in Iraq kansas is not alone; I ask if there is a faced a $290 billion budget deficit. He and Afghanistan. They are pulling dou- Senator among us that would contest put in place a 5-year plan that cut ble duty for our country in the Re- that their State has benefited from the spending, raised revenue, balanced the serves and National Guard. But at the COPS program. budget, stopped the raid on Social Se- We can’t be serious about law en- same time, their absence has spread curity. And guess what. We had 22 mil- forcement by paring this successful our police forces even thinner. lion jobs created, with the longest eco- program to $44 million. Texas alone re- We need to build on what we know nomic expansion in the Nation’s his- ceived nearly $30 million from the works. These law enforcement pro- tory, the lowest unemployment in 30 COPS program last year. How are we grams work. But don’t take my word years, and the lowest inflation in 30 going to fund the entire country’s for it. Take the word of Attorney Gen- years. COPS needs using the budget of what eral John Ashcroft who said not two Now we have this alternative plan, just one State received last year? years ago: which is to run the biggest deficits in When I was the Attorney General of Since law enforcement agencies began history, run up the debt, and lose 3 mil- my State, I worked closely with law partnering with citizens through community lion jobs. I would take the Clinton eco- enforcement to make Arkansas a safer policing we’ve seen significant drops in nomic years over the economic years of place to live and raise a family. One crime rates. this administration. thing I know for sure, these police offi- Mr. President, our communities, the I want to say, my office was visited cers operate under tight budgets with people we represent have truly bene- this week by State and local officials smaller staffs than most of their urban fited from these programs and taking from back home. They told us the pro- counterparts. Nevertheless, they put away its funding would be a major step posed levels in the Republican budget their lives on the line every day and we backwards in our efforts to fight crime. resolution for law enforcement and for need to make sure they have adequate The PRESIDING OFFICER. The Sen- the COPS Program is going to do seri- resources to do their jobs properly. ator from North Dakota. ous damage to law enforcement in our I recently talked with several Arkan- Mr. DORGAN. Mr. President, I forgot State. That was the message they de- sas police chiefs about the proposed to mention at the start that Senator livered. cuts to the COPS program. They told DASCHLE joins me as a cosponsor of The President’s budget cuts the me how important this program was in this amendment. COPS Program 94 percent. It is the their continuing battle to stop the pro- Mr. President, it has been suggested COPS Program that has put 100,000 po- duction of methamphetamine through- that my amendment amounts to a tax lice officers on the streets of America, out Arkansas. increase. That is just nonsense. The including several hundred in my home Chief James Allen of the Bentonville question before us is this: next year, State. Why we would cut the COPS Police department said the COPS pro- shall we give a $26 billion tax cut to Program when we face a terrorist gram has been the biggest single factor those who receive $1 million or more in threat eludes me. in helping his region fight the environ- income and at the same time restore I think the amendment of the Sen- mental and social problems created by the funding for law enforcement offi- ator from North Dakota deserves our methamphetamine use. cials around the country—funding we support. Last year alone, Arkansas police know works to fight crime? Or shall we Mr. PRYOR. Mr. President, last year shut down 1,208 meth labs, but more instead cut funding for law enforce- right about this time I stood in the are popping up each day. ment officials so we can give a $27 bil- Senate chamber questioning why an Methamphetamine spreads so easily lion tax cut to those whose income is administration that talks so much because it is cheap and easy to over $1 million a year?

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.052 S11PT1 S2614 CONGRESSIONAL RECORD — SENATE March 11, 2004 This is not about tax increases. I am Mr. NICKLES. I will be very brief. I league and friend from New Jersey, sorry. My friend from Oklahoma, I am was looking at some additional infor- Senator LAUTENBERG. We are almost sure, is familiar with Will Rogers, be- mation about the COPS Program. The ready to enter into a time limitation, cause Will Rogers is from Oklahoma. grant programs administered through but I need to consult with the chair- What a wonderful man. Will Rogers the COPS Program were 100 percent man of the committee, Senator INHOFE. once said: When there’s no place left to earmarked in 2004 appropriations bills. At this point we will not, but I under- spit, you either swallow your tobacco The administration feels the ear- stand there has been a general agree- juice or you change with the times. marking has gotten out of hand and ment for 20 minutes equally divided or Well, there is no place left to spit seeks to eliminate funding in favor of a 20 minutes a side. Is the Senator from with respect to these choices. Do you new grant program located in another New Jersey willing to have a time want to cut local law enforcement account. This new account consolidates agreement? I cannot enter into it at funding, the Byrne Grant that helps almost all State and local law enforce- this moment, but is he looking for 20 those folks out there today who are ment grant programs and activities. minutes each or 20 minutes a side? keeping this country safe, who are Rather than have the programs spread Mr. LAUTENBERG. I thank the Sen- chasing those people who are producing out over a half dozen accounts, it as- ator from Oklahoma. We would like to methamphetamine and addicting our sumes consolidation in one account have 20 minutes on each side. children? Do you want to invest in law called justice assistance. A lot of the Mr. NICKLES. Mr. President, I won’t enforcement? Do you want to chase the old COPS Program is included in the make the request now. I am telling our criminals? Do you want to apprehend new Justice Assistance Program. colleagues, the Senator from North Da- them and get them? Or do you want to Maybe it won’t be quite so directed by kota has about 5 hours, maybe a little decide we cannot afford to do that? Congress. Maybe it will be more appro- less now. Let’s cut back on law enforcement ef- priate. I ask the Chair, how many hours re- forts so those who make $1 million a I don’t know if it is the Federal Gov- main? year can get an extra $1 billion—from ernment’s responsibility to hire hun- The PRESIDING OFFICER. The $26 billion to $27 billion—next year in dreds more police officers in North Da- hours remaining are 1 hour 50 minutes tax cuts. kota or Oklahoma. I happen to be one for the majority; 4 hours 46 minutes for One hundred years from now, we will who says: We all have to do our fair the minority. all be dead—everybody in this Chamber share. I just don’t know that it is the Mr. NICKLES. Mr. President, I am is likely to be dead—and the only thing Federal Government’s responsibility to trying to be fair to everybody, but if they will know about us is to look at be putting police officers in every little colleagues keep coming down and tak- this budget. And they will say: Here town in America. ing 40 minutes or an hour on their were their values. Here is what they We have accomplished our objective amendments, that means a lot of peo- held dear. Here is what they felt was in hiring and training 118,000 police of- ple are going to get zero debate on important for this country. ficers. We should say a job well done their amendments. I don’t want them Someone once asked: If you didn’t and not continue this program forever. to be mad at me, nor do I want them to know someone, never met someone, Mr. DORGAN. Might I ask for one be mad at my colleague from North Da- and had to write their obituary, and minute off the resolution? kota. People will have to be restrained you only had their check register with Mr. CONRAD. I yield an additional in their request or else people later in which to write an obituary, what would minute off the resolution. the queue will have very little debate you say about them? You would be able Mr. DORGAN. Let me say my col- time. I will leave it at that. I cannot to tell something about their value league from Oklahoma talked about enter into a time agreement. I will be system. The same is true with the Gov- the COPS Program—which, inciden- happy to talk to Senator INHOFE. He ernment. The same is true with choices tally, has been a remarkable program. may be more than happy to do that. made in this budget. What is our value It has worked very well to reduce Mr. CONRAD. Mr. President, I think system? What do we hold most dear? crime. He did not mention, for exam- it is important to note at this time the What do we think makes our country ple, the Byrne grant program which situation we face. It is important for strong? today is aiding law enforcement in our colleagues to understand. Senator The question for us is, Will this Con- tracking drug dealers, dealing with NICKLES could yield back all the rest of gress stand up for the men and women this methamphetamine scourge. his time. I would then have 4 hours 46 who wear the uniform on the street My colleague from Oklahoma de- minutes left. But he would have a right who keep this country safe? scribed a new grant program that the to half of that time. So it is important We talk a lot about national security Administration is proposing, but this for colleagues to understand, when we and the threat of terrorism. Once new grant program my colleague de- say there are 4 hours 46 minutes left on again, let me say, the first responder, scribed is going to cut funding for local our side, no, there really are not in a in the event of a terrorist attack, is law enforcement officials by $1.1 bil- functional way. The chairman would going to be a man or woman out there lion. That is why I felt constrained to verify that. in the local sheriff’s office, the local come and offer the amendment. I understand he is unable to enter police force, the highway patrol. They It is about choices. If one feels the into a time agreement at this moment benefit and their programs benefit assistance we have given local law en- on this amendment because he has to from these grant programs that are forcement through the Byrne grant communicate with the committee being proposed to be cut now by $1 bil- program and other programs has not chairman, but I am saying to other col- lion. I propose to restore it because I been effective, then one would want to leagues who are listening, please un- think it is the right choice for this oppose this amendment. But if you derstand, we are rapidly approaching country. the time when we have far more re- Mr. President, I yield the floor. meet with our law enforcement officers The PRESIDING OFFICER. The Sen- at the state and local level, they will quests for time than we have time. The ator’s time has expired. tell you to a person how incredibly ef- dislocation that occurs here is people Who seeks recognition? fective these programs have been in hear I have 4 hours 46 minutes left. All Mr. CONRAD. Mr. President, could bringing them up to speed with train- the chairman has to do is give back his the Chair update us in terms of the ing and equipment and helping them remaining hour 50 minutes, and then time status on the Dorgan amendment. pursue drug dealers and reduce crime he has rights to half of my time. So in- The PRESIDING OFFICER. The time on the streets. If one believes that is stead of 4 hours 46 minutes, I would for Senator DORGAN has expired. Sen- important, then one must vote for this then have 2 hours 23 minutes. I now ator NICKLES has 5 minutes 9 seconds. amendment. have pending requests for 4 hours of Mr. CONRAD. I don’t know if the The PRESIDING OFFICER. Who time. It doesn’t fit together. chairman seeks to use time now on yields time? We have to ask restraint on the part that amendment. Mr. NICKLES. Mr. President, I be- of our colleagues. I understand we The PRESIDING OFFICER. The Sen- lieve we have an agreement to next can’t enter into a time agreement on ator from Oklahoma. consider an amendment by our col- this amendment. Senator LAUTENBERG

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.054 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2615 has been very gracious in saying he worked. In 1980, Superfund was author- ished it, we have used it, slowed the will live with whatever time agreement ized. In 1986, we reauthorized the col- process of cleanups, finally in 2003 the we can produce. Perhaps the best we lection of corporate fees paid by pol- fund is down to zero. can do now is to have Senator LAUTEN- luters that would be placed in the If the people in the communities BERG proceed and at the earliest pos- Superfund trust fund to pay for the want those sites cleaned up, they are sible convenience of the chairman, if cleanup of these so-called orphan or going to have to pay for it. All the tax- we can enter into a time agreement on abandoned sites. These are the sites for payers will have to pay. Superfund is this one and subsequent amendments which an actual polluter can be found. not even a fund anymore. There is that are pending, I think we could That way, all the taxpayers would not nothing in it. make real progress. be stuck with the bill for a mess caused It is shameful what the President and Mr. NICKLES. Mr. President, I con- by corporate polluters. this Congress have done to the Super- cur with everything my colleague and Editorials and polls nationwide re- fund. They have emptied it and told friend Senator CONRAD said. I ask peatedly showed that Americans want polluters: Don’t worry, we will make unanimous consent to lay aside the the polluting corporations, not the tax- everyone else pay for the mess our pending amendment and take up the payers, to pay for the cleanup of prop- friendly contributors and political al- Lautenberg amendment. erties contaminated with dangerous lies created. In 1986, taxpayers paid The PRESIDING OFFICER. Without chemicals. In a March 9 editorial, this only a small portion, 8 percent, of or- objection, it is so ordered. The Senator week, the Philadelphia Inquirer said: phan site cleanups. In 1995, only 17 per- from New Jersey is recognized. The Senate should put the burden back cent of these costs came from general Mr. LAUTENBERG. I thank the where it belongs: on polluters. revenues. Today, the number is almost Chair. Unfortunately, now the trust fund is 100 percent. All taxpayers have taken I want to offer an amendment for flat broke and our citizens are feeling on the burden of paying for what pol- myself, Senator BOXER, Senator JEF- the impact. They are discouraged by luters should be paying. FORDS, and Senator CORZINE. the fact these toxic sites are going to The GAO recently reported that Mr. CONRAD. Will the Senator with- continue to be in the middle of their funding for the Superfund Program has hold for one moment? I would ask the communities and unusable for any pro- fallen by 35 percent in the last decade. Senator not to send his amendment up. ductive purpose. Some sites, which It was underfunded by at least $175 mil- I want to make sure we don’t do that. should be cleaned up in 3 or 4 years, are lion in 2003. What does that say? It says I listened to what the chairman said. I instead now taking 9 or 10 years be- that whatever work is not going on, be- will yield to the Senator time off the cause the funding isn’t there. That cause it is underfunded, the taxpayers resolution. I yield the Senator 20 min- means youngsters living next to a toxic are going to pay for it. utes off the resolution and ask he not wastesite could be graduated from high It is outrageous to suggest that the send the amendment to the desk at school by the time the site is decon- taxpayers ought to pay for the mis- this time. taminated. There are children and fam- deeds of the corporations that polluted The PRESIDING OFFICER. The Sen- ilies in America living around the cor- the area. If they pollute it, they ought ator is recognized for up to 20 minutes. ner from toxic dump sites all over the to clean it up and pay for it. What we Mr. LAUTENBERG. Mr. President, I place. It is inexcusable. are talking about is a fee that spreads thank my friend from North Dakota As my colleagues know, such expo- across business lines, where chemicals for the generous offer he has made to sure to toxic chemicals cannot be un- are manufactured, and oil and gasoline let me have time to describe this very done. EPA scientists report that small products are handled. important amendment. children are 10 times more likely than Yet one of four Americans, and 10 As I said, I will offer this amendment adults to develop cancer when exposed million children, still live within 4 for myself and Senators BOXER, JEF- to chemicals. Our children are the miles of a Superfund site. That sta- FORDS, and CORZINE. Other cosponsors most vulnerable among us. They are tistic does not include the 40,000 haz- include Senators LIEBERMAN, BIDEN, especially susceptible to dioxin, ar- ardous waste sites which have not DURBIN, CLINTON, LEAHY, CANTWELL, senic, DDT, and brain-damaging heavy made it onto the Nation’s priority list. FEINGOLD, and KENNEDY. metals such as lead and mercury, The National Priorities List has some- My amendment would readjust the which are often found in the soil and thing like 1,300 listings. These are the budget resolution so we can reauthor- ground water at these Superfund sites. especially toxic and dangerous sites— ize the Superfund corporate fee. There Across the country, each site we clean large sites typically. are many reasons why this is an urgent up—and so far, we successfully cleaned matter and the right thing to do. up more than 900 sites—reduces the Fewer sites are being listed, and When Congress created Superfund, health risks to our children and fami- many of those listed are not receiving the operating principle was the pol- lies. Parents don’t want to raise their sufficient funding. One Superfund man- luter should pay. kids under the shadow of a toxic waste ager in my State of New Jersey said I ask that the Chair remind me when site, only to worry about the high risk this: EPA is strangling the program. 10 minutes of my time have been used, for cancer, birth defects, and other dis- Here are the facts: The rate of site please. eases. cleanup has fallen by 50 percent under The Superfund program was created The Superfund Program needs addi- this administration. In other words, because of a number of blighted toxic tional revenues now. Just as our they allowed, deliberately, these sites sites that were located in cities and mounting debt is slowing the economy, to rot where they are and that threat- towns across the country, places in our failure to adequately fund Super- ens the people who live in the nearby Montana and Nebraska and Maine and fund is slowing toxic cleanups to a vicinities. New Jersey. New Jersey had over 100 crawl. The administration claims that The listing of new sites on the Na- sites listed on the Superfund list. it supports the ‘‘polluter-pays’’ prin- tional Priorities List has fallen by 23 Today 900 sites have been cleaned up, ciple and ‘‘aggressively’’ cleans up percent. There is no action there. We turned over to practical use in these Superfund sites, but the facts speak cannot pay our bills. A lot of the peo- communities where often land is pre- otherwise. ple who are with the EPA doing that cious. To be able to get space that was This year taxpayers will be asked to kind of work have seen the end of their occupied by nothing but toxic mate- bear virtually the entire cost of clean- jobs in sight and they don’t want to rials can create quite a difference in ing up abandoned Superfund sites. In stay there. They want to look to see the health and the well-being of a com- the President’s fiscal year 2005 budget, what else is a prospect for them and munity. the Superfund trust fund column shows their family. We started off by saying the people a zero—the tank is empty. As we look The PRESIDING OFFICER. The Sen- who polluted the area should pay for at the timeframe, we can see from 1996, ator has used 10 minutes. its cleanup. It was reviewed in the when we had over $3 billion available in Mr. LAUTENBERG. I thank the courts and it was challenged and de- the Superfund treasury, almost $4 bil- Chair. I say to my colleague, since I am bated all over the place. The fact is, it lion, now, because we have not replen- on the floor, I will allot myself another

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.056 S11PT1 S2616 CONGRESSIONAL RECORD — SENATE March 11, 2004 3 or 4 minutes before I turn the micro- port reauthorization of the polluter- ahead of them in terms of their own phone over to the Senator from pays fees chokes off funds for sites at family security and their own needs. Vermont. all stages in the cleanup process. When these people leave, it will be Even when a site finally makes it Not surprisingly, the pace of clean- very hard to find the skills and the spe- onto the NPL, it will take 11 years, on ups completed annually during the cialities that are required to continue average, to actually decontaminate Bush administration has plummeted by this work. They will go, and I do not this site. more than 50 percent. I, therefore, sup- blame them for going. I am sure if it My State, unfortunately, has the sec- port the effort to reinstate the Super- came to my own family and I had to ond highest number of Superfund sites, fund fees because every community de- support them through my job in my second only to California. We have 113 serves clean soil and water without profession, I would say that is my first Superfund sites, and more sites are delay. obligation. It is not to take care of the waiting to be listed. My amendment I urge my colleagues to support the cleanup of the polluted sites. The would be the first step toward a solu- Lautenberg amendment. I thank the President does not care about it. Our tion. It would also reduce the budget Chair, and I yield the floor. friends on the other side of the aisle do deficit by $8.3 billion over 5 years. If The PRESIDING OFFICER. The Sen- not care about it. One wonders how you spread the cost around, it becomes ator from New Jersey has 5 minutes re- cynical people have become about vot- infinitesimally small. It has been cal- maining. ing, about putting their trust in politi- culated that two-tenths of a cent on a Mr. LAUTENBERG. How much time cians, their trust diminishes consider- gallon of gas would be the cost to tax- remains of the time that was given to ably, except now when people are be- payers generally. It is a small, but ap- me? ginning to feel the pressure of job scar- propriate, step for us to take for fiscal The PRESIDING OFFICER. Four city, of termination of health plans, sanity. Reinstating the polluter-pays minutes forty-five seconds remain. and retirement plans at risk. It is a principle is fair. It has a proven track Mr. LAUTENBERG. Mr. President, whole different world. record. what we are looking at is a way to re- I submit that when the vote finally I yield 5 minutes to my colleague lieve the taxpayers of having to come comes on this amendment, the people from Vermont. up with $8.3 billion, relieving pressure who are going to vote against it have The PRESIDING OFFICER. The Sen- on the budget to the extent of the $8.3 to examine their conscience very close- ator from Vermont. billion. ly to make sure they are doing the Mr. JEFFORDS. Mr. President, I We have so many sites in so many right thing for their communities and thank the Senator for yielding to me. places, as I earlier discussed, in States for their States. This is a very important amendment. such as Montana, Nebraska, and Maine. Mr. President, I yield the floor. Inscribed on a wall in a side room of Some of these sites are huge. We see Ms. CANTWELL. Mr. President, I the Capitol is a wonderful statement of the same situation in Utah. I cannot rise today in strong support of Senator Theodore Roosevelt reminding us that: believe that in this body at this time LAUTENBERG’s amendment to provide The Nation behaves well if it treats the we would not say the communities additional resources for the Superfund natural resources as assets which it must across the country are being burdened trust fund. I think my colleagues turn over to the next generation increased by all kinds of discontinued programs, would all agree on the success of the and not impaired in value. by all kinds of reductions in grants Superfund Program. Since its inception The Bush administration is ignoring that went to the communities. A lot of in 1980, we have cleaned up 890 of the this sage advice and is turning back on the programs have been absorbed into most hazardous toxic waste sites in the Superfund Program. This program grants, single grants, and let the com- communities around the country, in- has successfully removed PCBs, ar- munities use whatever they can for cluding 44 in my home State of Wash- senic, lead, and other toxic waste from whatever they choose to but always at ington. The Environmental Protection almost 900 communities. Yet this ad- a diminished rate. This is a chance to Agency’s enforcement of the ‘‘polluter- ministration refuses to reauthorize the set the record straight and let the pub- pays principle’’ has helped clean up expired Superfund polluter-pays fees lic know this administration does not these sites. that were supported by President really care about what happens in Unfortunately, since the Superfund Reagan, the other President Bush, and these communities; that this adminis- fees expired in 1995, American tax- President Clinton. tration would rather say to their payers have picked up an increasingly As a result, the Superfund trust fund friends, the polluters, many of which large share of cleanup costs and today that once contained $3.6 billion is now are listed on the contributors list for are bearing almost the entire burden of essentially bankrupt. The taxpayers the campaign: Listen, we excuse you paying for sites abandoned by polluting are forced to pay for the cleanup of big companies from the dirt and the corporations. That is why the amend- abandoned toxic dumps, instead of the mess you made in these communities; ment before us is really about fair- waste-generating chemical and petro- we forgive you, but we will not pay it ness—it holds polluting industries ac- leum industries. any other way except through the tax- countable and protects public health The impact of the resulting funding payers’ pockets. and safety. I believe a recent editorial shortfall is illustrated by two sites in This is a chance to set the record in the Seattle Post-Intelligencer Vermont. The Elizabeth Mine site in straight. I submit that every Senator makes the point well: Strafford has been denied funds for the who casts a vote against this amend- Washington taxpayers paid only $7 million second year in a row to clean up acid ment is saying to the people in his or in 1995 for Superfund program costs. Next mine drainage that is leaching into the her State: It is too bad you have those year, we will pay between $25 million and $30 Connecticut River which flows down to polluted sites. So what. Our friends, million. Americans are now paying for the several States. The delay has forced the companies that created this pollu- worst toxic waste sites in the country with EPA to spend millions of dollars in tion, are closer to us than you, the citi- our health and our tax dollars. emergency funds to stabilize this site, zens, the constituents in our States This amendment will also help stem while still failing to pay for actual and in our country. the ongoing erosion of funding for the cleanup. It is time we face up to the reality. Superfund Program. According to the Only a few miles away lies another We had a program that was excellent. U.S. General Accounting Office, the abandoned Superfund site, the Ely It began in 1980. I came to the Senate overall Superfund appropriations have Mine site. It was added to the National in 1982. I followed it very closely and dropped 35 percent in real terms since Priorities List in 2001, but the Bush ad- worked very hard on its reauthoriza- 1993, even while highly contaminated ministration has yet to fund the inves- tion, which took place a couple of hazardous waste sites continue to be tigation to discover the full extent of times. The program was going well. added to the National Priorities List, the contamination, let alone begin Cleanups were being done faster. Peo- the Environmental Protection Agen- cleanup. ple felt more secure about their jobs, cy’s list of the Nation’s most contami- These examples illustrate how the those who worked to effect these clean- nated sites. In fact, at the end of fiscal Bush administration’s refusal to sup- ups, because they could see something year 2002, the National Priorities List

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.059 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2617 had 1,233 sites in various stages of $160 billion of Social Security money is money set aside for war costs. They cleanup. being used for other purposes as well. say $280 billion is what it is going to The Environmental Protection Agen- So if one looked at an operating basis, cost over this next period of time. The cy’s own Inspector General reported in the true deficit would be the $477 bil- chairman has $30 billion in his budget January 2003 that the agency is facing lion plus another $160 billion. That is resolution, although he does not really Superfund shortfalls exceeding $174 approaching $650 billion on a $2.3 tril- provide the money, he does not count million. That means the Bunker Hill lion budget. That is a big budget deficit it in his deficit calculations. It is, as I site on the border of Washington and by any objective measure. say, magic money: Now you see it, now Idaho is only receiving $15 million this Here it is, $638 billion. As we see it, you don’t. The President has no money. year, even though the Environmental under the resolution that is before us, So I go back to this calculation of Protection Agency estimated a need this operating deficit never gets below what this budget resolution adds to the for $37.8 million. To put that in per- $500 billion as far as the eye can see. debt and what kind of operating defi- sonal terms, I quote directly from the Some are saying this budget resolu- cits it runs, and they are much larger Inspector General’s report: tion will cut the deficit in half in 3 than is being revealed. Here is what I The impact of reduced funds for the Bunk- years. Well, that is a certain definition mean. From 2004 to 2005, it will add $612 er Hill site is associated with risk to human of deficit that does not reveal the full billion to the debt. The next year, $569 health, particularly for young children and story. It does not talk about how much billion is added to the debt. These are pregnant women, from lead contamination in is actually being added to the debt. The not my numbers. This is from the a residential area. reason for the difference is one in- chairman’s own mark. These are from I think this quote, directly from the cludes Social Security trust funds and his documents. The third year it adds Environmental Protection Agency, one does not. $552 billion to the debt. The fourth tells us all how critical it is we support Right now the Social Security trust year, $563 billion to the debt; the fifth this amendment. Reinstating the fees funds are running very large and grow- year another $563 billion to the debt. means that we can shift costs away ing surpluses. Under the budget resolu- That is a cumulative total of nearly $3 tion before us, all of that Social Secu- from overburdened taxpayers, protect trillion to the debt, and all at the rity money is being taken over the Americans from exposure to dangerous worst possible time, right before the toxic chemicals, and revitalize prop- next 5 years to pay for other things. When the chairman of the committee baby boomers retire. erties that blight our nation and often I know my colleague from Idaho is talks about cutting the deficit in half inhibit urban redevelopment. waiting so I am going to wrap this up, in the next 3 years and cutting it in an Waste sites still threaten more than and I know Senator NELSON is seeking even larger way by the fifth year, here 65 million Americans who live within 4 time as well. This is a final point I miles of a Superfund toxic waste site. is what his assumptions are: He says in the fifth year the deficit will be down think is important to understand: The And there are 40,000 other sites of con- deficit on a unified basis, when Social cern that have not yet been listed on to $202 billion. Here are the things he is leaving out: Under his resolution, he is Security is included and other things the National Priorities List. There was also going to take $235 billion from So- are left out, is going down. That is mis- a very good reason for initiating a cial Security, every penny of which has leading us as to our true fiscal condi- Superfund fee 23 years ago, and, until to be paid back and there is no plan to tion because the additions to the debt the remaining Superfund sites are do it. He is taking $22 billion out of the are basically stable, but if I examine cleaned up, we should reinstate and Medicare trust fund, every penny of the chairman’s proposal he is actually maintain this important environ- which has to be paid back and he has adding to the deficit beyond what mental fee. I urge my colleagues to no plan to do that. would occur if we did nothing in this support this critical amendment. In addition, it would cost $55 billion Chamber. The PRESIDING OFFICER (Mr. to fix the alternative minimum tax in I hope my colleagues are listening. CORNYN). The Senator from North Da- that year. The alternative minimum The chairman’s budget adds to the def- kota. tax is the old millionaires’ tax that is icit in each of the next 5 years by $177 Mr. CONRAD. Mr. President, for a rapidly becoming a middle-class tax billion over and above what would hap- moment I suggest the absence of a trap. pen if we did nothing. If we just put the quorum. Why do I say that? Well, right now Government on automatic pilot, we The PRESIDING OFFICER. The only 3 million people are affected by would have $177 billion less in deficit clerk will call the roll. the alternative minimum tax. By the over the next 5 years than if we passed The legislative clerk proceeded to end of this 10-year budget period, there this budget resolution. call the roll. are going to be 40 million people. Those I hope my colleagues study this docu- Mr. CONRAD. Mr. President, I ask people who thought they were going to ment very carefully because I think it unanimous consent that the order for get a tax cut are in for a rude surprise. conceals much of the true financial the quorum call be rescinded. On top of that, he leaves out the re- condition of our country. The PRESIDING OFFICER. Without sidual war cost in that fifth year I yield the floor, because I know col- objection, it is so ordered. which, according to the Congressional leagues are seeking time. Mr. CONRAD. Mr. President, we are Budget Office, will be $30 billion. So in- The PRESIDING OFFICER. The Sen- going to try to not let time be wasted stead of adding to the debt by $202 bil- ator from Idaho. in quorum calls because time is such a lion, which one might conclude when Mr. CRAIG. Mr. President, I rise to precious commodity at this point. I he says he is going to run a deficit of speak against the Lautenberg amend- will take a moment to talk about the that amount for that year, we see he is ment and also to speak generally about budget resolution before us and what I actually going to be adding to the debt S. Con. Res. 95, which is, of course, the think are the deficiencies of that reso- by $545 billion. underlying budget resolution. I also lution. Still lots of things are left out. For come from a State that has a very Let me put up this first chart that example, on war costs, in the Presi- large Superfund site, so one would shows the operating deficits under the dent’s budget he has no funding for the think I would be in support of the Lau- budget resolution that is before us. The war in Iraq, no funding for the war in tenberg amendment to fund that site, hard reality is, the budget resolution Afghanistan, no funding for the war on but I am not, and here is the reason before us will add nearly $3 trillion to terror past September 30 of this year. why, and why I think it is important the debt in just the next 5 years. Al- To the chairman’s credit, he has put in we all understand a tax is a tax is a ready we have record budget deficits. $30 billion, although interestingly tax, and what the Senator proposes on This year the Congressional Budget Of- enough he does not add it to his deficit Superfund is really a tax on a lot of fice is saying the deficit will be nearly totals. So it is magic money. It is businesses that are having difficulty at $500 billion. But that does not tell the money that is on paper, says it is avail- this moment. whole story. able, but he does not count it. In fiscal year 2005, the request for Actually, on an operating basis the Look at what the Congressional Superfund is $1.38 billion, and that is deficit is even larger because nearly Budget Office tells us ought to be the an increase of about $124 million over

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.128 S11PT1 S2618 CONGRESSIONAL RECORD — SENATE March 11, 2004 fiscal year 2004. The fiscal year 2005 Where does the fault lie? There has That cyclical downturn already was in- budget includes a $150 million increase been a lot of fingerpointing by all of evitable. I think I can well remember in Superfund cleanups, and that $150 the amendments that have been what Fed chairman Alan Greenspan million not only funds the cleanup brought out here in a great rush on the said when he warned us of an over- work already underway in Idaho and part of my Democrat colleagues to valued market and an irrationally exu- the program we have planned out crank all these taxes back up and stunt berant attitude, long before the market there, but it also includes 15 new con- the growth that is starting. slumped. So the combination of the 9/11 struction projects, or cleanup projects, Where does the fault lie? With an and bad actors out there in the market involved under Superfund law. economic cycle that, despite the collec- along with the reality of cyclical Democrats will argue to reinstate the tive denial of politicians, bequeaths movements in our country have Superfund tax so that, in their words, our Nation with a recession at least brought us to where we are today and the polluter pays for the cost of the about once every decade. Certainly in brought the budget to where it is, try- cleanup. Well, the fact is the polluter my time here in the Congress I have ing to be fiscally responsible and fund already pays under current law. Where watched that cycle go forth. Somehow the needed and necessary services of there is an identifiable and viable pol- in the late 1990s we thought the cycle our Government and at the same time luter, consistent with the law, they are would never come, but it did come. It saying we are controlling our spending held liable. Congress has exempted a came in the latter years of the Clinton here and we are not going to overtax few small businesses, but in most administration. We were trying to pull America’s workforce. cases, again, where there is an identifi- it out and then along came 9/11. We all Quite another message comes from able polluter which has a viable com- know what happened at that time when the other side at this moment. Some- pany that can obviously be held re- terrorists attacked innocent civilians how they have an insatiable appetite to continually increase taxes on working sponsible, they are asked to pay, and in this country and really threw this men and women. They will argue they by law they will pay. country into a phenomenal, quick would like to direct it at the million- That was certainly true in the Super- slowdown. Some will argue it took over aires of this country. They never really fund area of Idaho, which was an old $1 trillion out of the economy at that mining area. While some of those min- quite define it. We know the vast ma- time. jority of the taxes paid in this country ing companies and smelting companies Where does the fault lie? With the are paid by average working men and participated in paying, there is also a international terrorist movement and women because they make up by far tap on the Superfund itself for that the foreign regimes who supported it. kind of pay. In 2003, potential respon- the vast majority of the cumulative We saw what happened, tragically, in wealth and generated wealth of our sible parties, or PRPs, paid about 87 Spain today. No country is immune. percent of the cost of new construc- country. Certainly we have had to invest might- Given all the circumstances, I believe tion. ily to begin to develop a level of pro- Certainly a great deal of money is this is a very good budget resolution. I tection for the civilian population in coming out of the business sector to believe we ought to work hard to sup- this country we really had never had pay for cleanup under the Superfund port it and to refine it where we can before. law. Historically, PRPs—again, respon- throughout the process and get on with With that difficult, perfect combina- sible parties—have paid more than 70 the business of doing what is respon- tion of things happening, and I think percent of the cleanup itself. So the sible here and that is causing our Gov- obviously understood by all, what are law itself is a tax imposed on those ernment to function in the appropriate we dealing with? We are dealing with a companies when they are found respon- fashion. very difficult time. We, as a Congress, sible for the pollution and are by law It is a political year. We all know have worked mightily to work our way required to clean up the pollutants. that. It would be a nice surprise if the Superfund taxes were always unfair. out of that. These circumstances, most Congress of the United States, at least The tax goes where the money is and of them forced upon us, have really on budgetary matters, and at least not where the responsibility lies. What been a body blow to our economy, to through the appropriation process, we are doing now is directing it toward American jobs, and to the current fis- could show the American people we are the responsible parties. This is not a cal situation. going to be responsible, we are going to tax on polluters. It is an indiscriminate Something else is also happening. finish the budget on time, we are going tax on business, as proposed by Senator The American people have said, in re- to get our appropriations out on time. LAUTENBERG. The Superfund tax was ality, you have spent about as much as Then we can get at the business of poli- levied against a broad range of busi- you need to spend. We have deficits tics, of deciding who is going to run the nesses. growing. It is time we get those defi- next Congress and who the next Presi- It is interesting there is no correla- cits under control. The chairman of the dent of this country will be. But it tion between the dollars in the Super- Budget Committee has worked might- would be amazingly refreshing if we fund and the level of funding that goes ily to do that. could show the American people we can to Superfund cleanup. There is no We are in the aftermath of a market work together. delay in cleanups due to a lack of the slump and an economic slowdown that It doesn’t appear that is going to Superfund tax. truly began in 2000, before this Presi- happen and that is a real sadness of As we work to stimulate this econ- dent took office. Nobody denies that mine. We are working hard to put a omy and get it back on line and get today, although some would like to budget resolution together and yet we companies in the business of growing point a finger in a rather odd direction, see this insatiable appetite on the part and expanding so they can create new at this current President. We are still of my Democrat colleagues to contin- jobs and hire the unemployed, this tax working our way out of this recession ually raise the spectrum of more taxes, goes, in a broad-based way, right at in all respects. It is not smooth sailing, more taxes, more taxes. those companies, once again poten- but clearly the wind is now to our back I congratulate Senator NICKLES, tially dragging them down. and it appears the economy is slowly chairman of the Budget Committee. I am on the floor today also to but progressively coming on line. This resolution represents a truly he- strongly support S. Con. Res. 95 which We fought a shooting war against roic effort of responsible management the Budget Committee has worked so terrorism on two fronts and continue of our budget during a time of trial and hard to produce. This is not the kind of to fight terrorism at home and abroad. challenge in our country. It is a tough budget resolution I wish I was voting Unfortunately, in a business world in time. We all know that. It is under- on. That is not the fault of the chair- which most folks play by the rules and standable. It is unfortunate that sev- man of the Budget Committee or the follow the law, something else has hap- eral years of international and eco- majority of the committee, and it is pened: A significant handful of scan- nomic shocks and jolts have produced not the fault of the President of the dals and a legacy of some of the ex- today’s record budget deficits. Our con- United States, and it is not the fault of cesses of the 1990s that shook the con- stituents today know it. They under- the tax relief this Congress enacted in fidence of the stock market and further stand history. But they also under- 2001 through 2003. depressed the economic downturn. stand responsibility and they have

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.065 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2619 handed us that responsibility and they recession. To tighten our belt, to bring great Nebraskan, Tony Raimondo. As are suggesting we treat it with due re- the deficit down, and to begin to show many are aware, Tony Raimondo was spect. a pattern of moving us toward a bal- to be nominated this morning as the The American people, especially anced budget again is the right thing. Bush administration’s new manufac- after 9/11, showed tremendous resil- The chairman of the Budget Com- turing czar. Late yesterday the an- ience. They met the challenge. They mittee is doing just that. nouncement was canceled, citing expect us to meet the challenge. They The President asked that we begin to scheduling conflicts. demand it of us. They demand it of our tighten our belt and curtail our spend- I realize there have been speeches in President. In nearly all instances that ing in a variety of areas that are less this Chamber that have been critical of simply has happened. The President essential to the fundamental respon- Tony’s record as a businessman. I am and Congress did the right thing in 2001 sibilities of our Government. That is here to say ‘‘nonsense.’’ We all know and 2003. Without tax relief, where exactly what we are doing. It is a politics runs the days around here. It is would we be today? We would probably tough budget. It is not an easy budget. a very political time with the Presi- have fewer jobs. Our senior citizens’ But it is a budget worth voting for. It dential election. Much is at stake. Yes- nest eggs would be lower in value and is a budget worth finalizing so we can terday was no exception to that, and less secure. Millions of low- and mod- get on with the appropriating process. today is not either. erate-income families would probably I hope at the end of the year when we I am not going to address what was have less freedom and financial em- adjourn sine die we can say our job was said earlier. Everyone has a right to an powerment today than they would complete; that while it was a very par- opinion. No matter who the Bush ad- without the tax reduction. Small busi- tisan year and a highly politicized ministration decided to appoint to this ness startups and growth would have year, the Congress came together, got position, he or she is going to be run been stunted. their appropriations bills finished, and through the ringer. But I am here to Without the leadership and the effec- did their homework. There will be only tell you this Nebraskan isn’t going to tiveness of this President and Congress one way that won’t happen—if the watch another Nebraskan get treated on matters of defense and homeland se- other side, in an obstructionist way, like this. curity and the economy, we would still decides it won’t happen; if they decide Tony Raimondo is a friend of mine, a be in a recession. We are not in that re- every appropriations bill that comes up former business partner of mine, and cession now. We are clearly in a recov- has to have 50, 60, 90, or 100 amend- he is not the antijobs CEO he is painted ery mode. This country is struggling ments and we have to labor day after to be. along, but always upward, building its day after we have worked in a bipar- Sure, he has a company in China. He job base and bringing people back into tisan way to craft the appropriations expanded there last year. In fact, I had the job market in a very progressive bills, as we always do. the pleasure to be at the ribbon cutting way. That is our challenge. Let us get our of his factory there. Next week I will Lots of challenges remain. None of us budget resolution complete. Let us get be in Columbus, NE, the headquarters will argue the difference because chal- reconciliation, the tools that move us of Tony’s business, Behlen Manufac- lenges are there. But is the challenge forward toward the appropriating proc- turing. I will see many Nebraskans who simply to go out and burden the econ- ess so we can complete the year as the are employed at Behlen, or are related omy again by major tax increases? American taxpayer and the voter to somebody employed at Behlen, or at They would suggest that we not extend would expect us to do. That is the chal- least know someone employed by the current taxes. That is not going to lenge. The chairman of the Budget Behlen. be a tax increase? You ask the average Committee and the Budget Committee Tony is a respected member of the working man or woman, ask the aver- are meeting that challenge, and I hope Columbus business community. He is a age family of four, if doing that doesn’t we are worthy of it. Nebraska business leader. He has rep- constitute a tax increase because it I yield the floor. resented Nebraska business interests takes money away from their spend- The PRESIDING OFFICER. The Sen- around the world and here at home as able bottom line. You darned bet it is ator from North Dakota. a prominent member of the National a tax increase. The very least we can Mr. CONRAD. Mr. President, the Association of Manufacturers, and he is do is assure that we maintain the child Senator from Nebraska is seeking a good employer. tax credit and the marriage penalty re- time. How much time would he desire? Sure, his business has struggled in lief and the 10-percent tax rate which is I yield five minutes off the resolution recent years. It is hard to find one that going to be critical to the working men to the distinguished Senator from Ne- hasn’t. But he didn’t do what others and women of modest means in this braska. have done. He is fighting to keep his country. That is what this Congress The PRESIDING OFFICER. The Sen- business alive and well in Nebraska and ought to be about. ator from Nebraska. in the other States where it is located. If I have heard the rhetoric once, I Mr. NELSON of Nebraska. Thank He is fighting to save those jobs. He is have heard it a good number of times you, Mr. President. I thank my col- fighting to not let his employees down, in my years here in Congress. Somehow league from North Dakota and com- his community, his State, or his coun- Government can do it best; somehow mend him for all the work he has done try. an expenditure of the Government dol- on the budget. He expanded his business to China. lar is going to cause our lives to be bet- I say to my friend from Idaho I think He didn’t close it and move it to China. ter. In instances that is true, such as in we recognize across the aisle it is im- With his experience, I think he can areas of health care and in Social Secu- portant for us to work on a bipartisan show others how to keep jobs here at rity. But in instances of good-paying basis. I agree with him. I might take home and how to expand and diversify jobs, Government doesn’t create them. issue with him when he would suggest their businesses—saving jobs in Amer- It is the private sector that creates that any, or all, or always, or never ica. Tony Raimondo should be held up them. We ought to be incentivizing in with respect to your friends on this as an example, not derided as a pirate. every way we possibly can the very job side of the aisle. I think we are here to I am not sure what is happening with creator we know about—small busi- work together. I hope we can, without the nomination at this point. Obvi- ness, medium-size business, and large classifying ourselves one way or the ously, there is a predictable partisan business in this country. other, except to say we are here as opposition. But what I am not hearing I strongly support what the Budget Americans representing the folks back is any alternative. Should we leave this Committee has brought forward. I home by working together and getting important position empty and watch think it is responsible. I am glad we something accomplished. I know that manufacturing jobs continue to decline are defeating most of these amend- is the goal of the Senator from Idaho. or should we get someone in place to at ments that would simply send us into a I think a lot of us share that goal. least try to preserve those jobs, those tax-and-spend spiral, the kind we have TONY RAIMONDO good-paying jobs here in America? seen before that more often drove us I rise today to come to the defense of I came here to get things done and to into a recession than drove us out of a a great friend, and more importantly, a do what is right for Nebraska. I say let

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.068 S11PT1 S2620 CONGRESSIONAL RECORD — SENATE March 11, 2004 us try. Tony Raimondo is not only a consider the Lautenberg amendment sumption that no amendment gets over good choice for this position but, in my but it was not sent to the desk. We will 10 minutes on each side. I mentioned opinion, he is the best choice. save a spot for Senator LAUTENBERG to that would be my desire at the begin- I thank the Chair. I thank the distin- introduce the amendment. ning of the day. That is still my desire. guished Senator from the State of Mr. CONRAD. If I might clarify, I can That would be ample time for discus- North Dakota for the time. understand why this may be surprising. sion. That would be my hope. I hope Mr. CONRAD. Mr. President, I thank We were not able to arrive at a time the standard amendment does not re- the Senator from Nebraska for taking agreement because you needed to talk ceive more than 10 minutes a side. the time. I also thank him very much to the chairman. We thought it would That would be my thought. Maybe we for being flexible about when to come be more appropriate to withhold send- can do that for the amendment of the so we can keep the business flowing ing the amendment to the desk until Senator from Iowa. and not have dead time. I appreciate you had a chance to consult with your I ask unanimous consent to lay the very much his accommodating the chairman. pending amendment aside and to con- managers. Mr. NICKLES. I appreciate that. sider an amendment to be offered by Mr. NICKLES. Mr. President, I also Mr. CONRAD. We thought that would our colleague from Iowa. want to compliment my colleague from be more fair to you. The PRESIDING OFFICER. Without Nebraska. I very much appreciate his If we could enter into a time agree- objection, it is so ordered. comments concerning having partisan ment on the Harkin amendment, that Mr. CONRAD. I yield to the Senator work on the budget. I have had the would help substantially. from Iowa 15 minutes off the resolu- pleasure of working with the Senator Mr. NICKLES. If my colleague will tion. from Nebraska. We are very good yield. The PRESIDING OFFICER. The Sen- friends. I hope his basketball team goes The PRESIDING OFFICER. The Sen- ator from Iowa. in defeat today against the University ator from Oklahoma. AMENDMENT NO. 2799 of Oklahoma. I wanted to make sure he Mr. NICKLES. Mr. President, I think Mr. HARKIN. I send an amendment is aware that could happen. You never it would be most appropriate if the to the desk and ask for its immediate know. Senator from New Jersey did not offer consideration. Senator INHOFE, I believe, wants to his amendment. The PRESIDING OFFICER. The speak on the Superfund amendment of- Mr. CONRAD. We have a lot of clerk will report. fered by our colleague from New Jer- amendments that the chairman might The bill clerk read as follows: sey. In a moment, I will ask to set this feel that way about. The Senator from Iowa [Mr. HARKIN], for amendment aside, and we will take up Mr. NICKLES. I will compliment my himself, and Mrs. FEINSTEIN, Mr. DURBIN, Mr. an additional amendment. But let me colleague from New Jersey for his LAUTENBERG, Mr. BINGAMAN, Ms. LANDRIEU, make a couple of comments. amendment if he does not offer it. I and Mr. LIEBERMAN, proposes an amendment This is a tax increase. We have had a will oppose it strenuously if it is sent numbered 2799. lot of tax increases. This assumes it is to the desk. I urge my colleague to Mr. HARKIN. Mr. President, I ask going to be reauthorized. I hope and ex- withhold, if he can. unanimous consent that the reading of pect it will be authorized. But the Our colleague from Kentucky wants the amendment be dispensed with. taxes shouldn’t be increased until it is to be heard on the amendment from The PRESIDING OFFICER. Without reauthorized. That should be done by our friend from Iowa. I need to consult objection, it is so ordered. the authorizers. Chairman INHOFE is with him before we enter into a time The amendment is as follows: chairman of that committee. I want to agreement. I am perfectly willing to (Purpose: To provide for increased resources protect his rights. When he returns to enter into a time agreement on several for medical research, disease control, the Senate Chamber, I will give him amendments. wellness, tobacco cessation and preventa- ample time on whatever amendment Mr. CONRAD. Could we get a general tive health efforts including substance understanding of what it is we will try abuse and mental health services, estab- we are considering to fully debate the lishing a fund for this purpose, offset by an Lautenberg amendment. I am willing to achieve in terms of a time agree- increase in the cigarette tax to $1 and pro- to consider additional amendments. ment on this amendment so the Sen- portional increases in other tobacco excise I tell our colleagues again we have ator from Iowa has some understanding taxes and deficit reduction) spent a lot of time debating. We need of what we would be talking about, 20 On page 3, line 9, increase the amount by to be moving more amendments or else minutes equally divided, as we dis- $7,800,000,000. other people are going to be squeezed cussed earlier? On page 3, line 10, increase the amount by on time. The PRESIDING OFFICER. The Sen- $7,800,000,000. I believe the Senator from Iowa has ator from Oklahoma. On page 3, line 11, increase the amount by Mr. NICKLES. As I understand the $7,800,000,000. an amendment. It is all right with me On page 3, line 12, increase the amount by if we go to that amendment. Senator from Iowa, he raises taxes only $7,800,000,000. The Senator from Connecticut, I be- $80 billion over this period of time, so On page 3, line 13, increase the amount by lieve, has an amendment. We are happy if we give a minute per billions, this $7,800,000,000. to consider that amendment. would be 40 minutes a side. I am not On page 3, line 17, increase the amount by I want to notify our colleagues time sure. I would be willing to do 15 min- $7,800,000,000. is running and we are going to have a utes a side, but I need to consult with On page 3, line 18, increase the amount by $7,800,000,000. very late night tonight and, unfortu- a couple of colleagues. I am not posi- On page 3, line 19, increase the amount by nately, maybe tomorrow. I happen to tive what this amendment does, if it $7,800,000,000. think it is possible to finish this to- has a reserve fund or if it just is a di- On page 3, line 20, increase the amount by night, but it will take people not offer- rect tax increase and assumes spend- $7,800,000,000. ing amendments. It will take people ing. On page 3, line 21, increase the amount by not making long speeches. I don’t want Mr. CONRAD. Could we say initially $7,800,000,000. to stifle debate. I enjoy debate. But it that in terms of the advice for our col- On page 4, line 20, increase the amount by $7,800,000,000. is important to get our work done. I leagues that we try to make this 30 On page 4, line 21, increase the amount by see a fairly lengthy list of amendments minutes equally divided, with an un- $7,800,000,000. yet to be handled. derstanding that it may be altered On page 4, line 22, increase the amount by I am willing to set aside the Lauten- somewhat when you have a chance to $7,800,000,000. berg amendment for the amendment of consult? It would just help those who On page 4, line 23, increase the amount by the Senator from Iowa. are managing the amendment to divide $7,800,000,000. On page 4, line 24, increase the amount by Mr. CONRAD. Senator LAUTENBERG up the time in a way that might make $7,800,000,000. never sent the amendment up. things go faster. On page 5, line 3, decrease the amount by Mr. NICKLES. I guess I will not set it Mr. NICKLES. I appreciate the sug- $7,800,000,000. aside. I asked unanimous consent to gestion by my colleague from North On page 5, line 4, decrease the amount by set aside the Dorgan amendment to Dakota. I would like to have an as- $15,600,000,000.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.071 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2621 On page 5, line 5, decrease the amount by search into new medical treatments destroying our government’s fiscal $23,400,000,000. and cures. It includes funding for men- health. On page 5, line 6, decrease the amount by tal health and substance abuse pro- Lastly, let me say that our amend- $31,200,000,000. grams. It includes funding for the pre- ment does not contain any provision On page 5, line 7, decrease the amount by $39,000,000,000. vention of chronic diseases, which ac- dealing with the tobacco quota buyout On page 5, line 11, decrease the amount by count for 75 percent of our Nation’s $1 and FDA regulation of tobacco. I be- $7,800,000,000. trillion in health care costs. lieve we need to do both; both must be On page 5, line 12, decrease the amount by The Harkin-Feinstein amendment done together. This is one Senator who $15,600,000,000. fully offsets this new funding by lev- will stand here and do everything I can On page 5, line 13, decrease the amount by ying a tobacco user fee of 61 cents per in my power, along with others, to $23,400,000,000. pack. That would bring the Federal make sure there will not be a tobacco On page 5, line 14, decrease the amount by total to $1 per pack. buyout without FDA regulation of to- $31,200,000,000. On page 5, line 15, decrease the amount by This user fee will raise enough rev- bacco. $39,000,000,000. enue both to fund the increase in func- I believe we have to do both because At the end of Title III, insert the following: tion 550 and to reduce the deficit—steps I believe we need to help our tobacco SEC. . FUND FOR HEALTH. that will be good for the physical farmers, those who are struggling to If the Committee on Appropriations of the health of the American people and the feed their families in small, rural areas Senate reports legislation with a level of ap- fiscal health of the federal government. all over the South and sometimes even propriations for function 550 discretionary Bear in mind that tobacco use costs to the Midwest. They need the tobacco programs without the use of this Fund that this country billions of dollars and mil- buyout. But we also need to make sure at least appropriates the sum appropriated lions of lives every year. Tobacco use is we have meaningful oversight of to- for function 550 discretionary programs in the leading cause of preventable death fiscal year 2004, the Chairman of the Com- bacco use and promotion by the Food mittee on the Budget of the Senate may re- in the United States, causing 440,000 and Drug Administration. vise aggregates, function totals and increase deaths each year and resulting in more With that, Mr. President, I now yield the allocations to the Committee on Appro- than $75 billion in direct medical costs. to the Senator from California. priations up to $6,000,000,000 in new budget Smoking causes chronic lung disease, Mr. NICKLES addressed the Chair. authority and $6,000,000,000 in new budget coronary heart disease, and stroke, as The PRESIDING OFFICER. The Sen- outlays for fiscal year 2005 and $30,500,000,000 will as cancer of the lungs, larynx, ator from Oklahoma. in new budget authority and $30,500,000,000 in esophagus, mouth, and bladder. In ad- Mr. NICKLES. Mr. President, I just budget outlays in fiscal years 2005 through dition, smoking contributes to cancer checked with Senator MCCONNELL, who 2009. of the cervix, pancreas, and kidneys. I think might be involved in leading Mr. HARKIN. Mr. President, this This creates an enormous financial the opposition, and he has no objec- amendment is offered on behalf of my- burden for the federal government. tion. So I ask unanimous consent that self and the major cosponsor is Senator Smoking-caused Medicaid expenditures the time allotted for the amendment of FEINSTEIN; also Senators DURBIN, LAU- amount to a whopping $23.5 billion an- the Senator from Iowa be 30 minutes, TENBERG, BINGAMAN, LANDRIEU, and nually. Smoking-caused Medicare-ex- equally divided—the time allotted from LIEBERMAN. penditures are $20 billion per year. Re- the beginning of the debate on the The Nation’s health system is in cri- ducing tobacco use in this country amendment. sis. There are nearly 44 million unin- could save American taxpayers billions Mr. CONRAD. Mr. President, just for sured individuals. Skyrocketing health of dollars annually, while freeing up re- our understanding, the time used so far costs are leaving more and more people sources to invest in the country’s pub- would be charged to the amendment? without insurance. We have shortages lic health system. Mr. NICKLES. The Senator is cor- of health professionals all across rural Study after study tells us that in- rect. America. Everywhere, health providers creases in the price on tobacco prod- Mr. CONRAD. We have no objection. are stretched to the limit. Finally, as ucts have significant positive public The PRESIDING OFFICER. Without the Centers for Disease Control pointed health effects—especially with chil- objection, it is so ordered. out just this week, obesity will soon dren. With a $1 user fee on tobacco The Senator from Iowa. match tobacco use as America’s No. 1 products, we can decrease youth smok- Mr. HARKIN. How much time does preventable killer. ing by 18 percent. We can keep 105,000 this side have left? This is not the time to cut Federal young people from starting smoking in The PRESIDING OFFICER. Nine investments in health care. We stand the first place. minutes remain. on the brink of fantastic discoveries Despite our efforts in the 1990’s to The Senator from California. and breakthroughs in medical research. curtail manipulative marketing tar- Mrs. FEINSTEIN. Mr. President, I This is not the time to cut short this geted at children, the tobacco industry thank the Senator from Iowa for his vital research, denying hope to tens of currently spends more than $11 billion leadership on this issue, and I join him millions of Americans with chronic dis- a year to promote its deadly products— wholeheartedly. eases. This is the time to increase our that is $30 million per day. We should Funding for public health programs efforts not only to treat and cure ill- be curbing this threat, this epidemic. has never been more critical. The nesses, but also to dramatically in- And this amendment will do exactly President’s budget, for the first time in crease our efforts to prevent illnesses. that. 10 years, includes a decrease in Func- We need major new efforts to promote Prevention is the key. Today, Ameri- tion 550. This is the portion of the wellness in our health care system. cans are plagued with more and more budget that covers cancer research, And yet, the President has proposed chronic diseases that are largely pre- AIDS treatments and new discoveries, slashing function 550, the health care ventable. As I said, 75 percent of the $1 potential health threats, including an- function in this budget. This is taking trillion we spend on health care in the thrax or other biological or chemical America in exactly the wrong direc- United States goes to the treatment of attacks—all through the National In- tion. these largely preventable chronic dis- stitutes of Health, the Centers for Dis- Accordingly, I am offering an amend- eases. Without question, giving Ameri- ease Control, the Indian Health Serv- ment that would increase function 550 cans an incentive to reduce or quit ice, and others. If we do not adopt this funding by $6 billion in fiscal year 2005 using tobacco products would be an ur- amendment, all of those programs are and $30 billion over 5 years. gent step in the right direction. threatened with cuts. Let me speak This new funding would go to med- This amendment offers us a trifecta about how this amendment works. It ical research disease control, wellness, of benefits: It increases funding for increases the budget for discretionary tobacco cessation, and preventive health care services, medical research public health programs for fiscal year health efforts. It would help to recruit and prevention. It reduces the deadly 2005 by $6 billion. That is a 12-percent and retain our incredibly talented pandemic of tobacco use in America. increase over the fiscal year 2004 level. health professionals in this country— And it makes a solid contribution to Now, a 12-percent increase in Func- especially in rural areas. It boosts re- reducing the budget deficits that are tion 550 is supported by more than 400

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.009 S11PT1 S2622 CONGRESSIONAL RECORD — SENATE March 11, 2004 health groups. And, this increase is Mr. DURBIN. Mr. President, this is years to invest in health research, also paid for. It is paid for by a 61-cent an extraordinarily important amend- wellness, prevention programs, anti- increase in the federal tax on tobacco, ment. It should be strongly bipartisan. obesity programs, smoking cessation which will bring in about $8 billion per Is there a person listening to this de- programs, and keeping our people more year. Mr. President, $6 billion of the $8 bate who believes there is a Republican healthy. Plus, we also get out of this billion covers the cost of increasing or a Democratic approach to research, amendment about $9 billion in deficit funding for public health, and the re- finding cures for the diseases that are reduction. maining $2 billion goes for deficit re- affecting America? There has been a So this amendment does two things: duction. It is a prudent step to take at strong, bipartisan commitment by It raises the Federal excise tax on a this point in time. Democratic and Republican Presidents pack of cigarettes from 39 cents to $1, Now, you might say, why? We know to invest in research. The Senator from which would bring it up to about 30 tobacco kills. And we know that pre- Iowa and the Senator from California percent of the wholesale price, and it vention saves lives. For the first time have the courage to stand up today and takes that money and puts it in the in my State—California—we have had a say: We will not allow this effort to health function so we can invest in the drop in lung cancer incidences and end; it will go forward; and we will health of our people in this country. death among women because of the to- fund it in an honest fashion, by raising That is all this amendment does. It bacco prevention programs that are the Federal cigarette tax by 61 cents. does nothing else. Mr. KENNEDY. Will the Senator taking place. So I think an increase in They will generate the billions of dol- yield for a question? the tobacco tax is an appropriate lars that we need to put back into Mr. HARKIN. Yes, I yield for a ques- means to support a 12-percent increase health care and health research so fam- tion. in cancer research. ilies across America have peace of Mr. KENNEDY. Is it not also true, Let me speak to that for just a mo- mind that we are doing everything in with the success of this amendment, ment. We now have seen the mapping our power to spare their children and there will be a dramatic reduction in of the human genome. This holds tre- their loved ones from diseases that are teenage smoking? mendous promise for finding cures for threatening them. Mr. HARKIN. The Senator is abso- diseases like Alzheimer’s, Parkinson’s, The second part, that is equally if lutely right. We know with this amend- diabetes, and cancer, by attacking not more important, is, as you increase ment there will be a dramatic reduc- their genetic roots. the cost of tobacco products, fewer peo- tion. It is estimated youth smoking We have seen advances in genomics, ple buy them, particularly children. A would go down by at least 18 percent in molecular biology, which have made 61-cent increase in the price of a pack with this amendment. the development of new, targeted can- of cigarettes or tobacco is going to dis- I thank the Senator from Massachu- cer therapies such as Gleevec, for courage children from taking up the setts for his support and for pointing chronic myeloid leukemia; Herceptin, habit, becoming addicted, and, ulti- that out. for breast cancer; and, most recently, mately, losing their lives to this deadly I reserve whatever time we may have Avastin, for colon cancer. addiction. remaining. We now have drugs that are so ad- I commend this amendment. I hope The PRESIDING OFFICER (Mr. AL- vanced that they can target just the my colleagues will rise to the occasion, EXANDER). The Senator from Okla- bad cancer cells and not harm the good on a bipartisan basis, to endorse this homa. cells. These drugs are amazingly effec- real investment in health care and re- Mr. NICKLES. Mr. President, I think tive and are less toxic for the patient. search for America. I may have a colleague who wants to I have been vice chair of the National I thank the Senator from Iowa and speak on this; I believe Senator Dialogue on Cancer, now called C- the Senator from California for allow- MCCONNELL. I am looking at the Change, for 4 years, and co-chair of the ing me to speak. amendment. I can read the purpose, Senate Cancer Coalition for even Mr. HARKIN. Mr. President, how but I will tell my colleagues, you can longer than that. If there ever is a time much time does this side have? put whatever purpose you want, but the net essence of the amendment is to to continue the march to solve major The PRESIDING OFFICER. Three increase taxes by $39 billion. I appre- health problems before this Nation, and a half minutes. ciate the assumption. I don’t know if this is that time. Mr. HARKIN. Mr. President, I will yield myself a couple minutes. that scores correctly. I have no idea. This amendment allows that to be I don’t know what the tax raises A lot of people might say: My gosh, done, with a 12-percent increase for today and I don’t know how much Senator HARKIN and Senator FEINSTEIN public health programs. And it is fully money would be raised if it was in- and Senator DURBIN, a dollar a pack is offset. It would be funded from an in- creased today $1 a pack. I do know a crease in the tobacco tax, a tax that I a lot of Federal tax on a pack of ciga- lot of States have been doing this. My think is an appropriate measure— rettes. But this chart shows the history Governor in my State of Oklahoma is about $2 billion for deficit reduction of the Federal excise tax on cigarettes in the process of trying to increase to- and $6 billion to fund this amendment. going back to 1950. bacco taxes as we speak. This would I urge the Senate’s approval of this Shown on this side of the chart would conflict with that to some extent be- increase in basic health functions be for 1950. At that time, the Federal cause a lot of States have been doing across the board. excise tax was 49 percent of the average that. I believe New York and a lot of Mr. President, I yield my remaining wholesale price for a pack of ciga- other States have very hefty taxes. time to the Senator from Illinois. rettes—49 percent. Today, it is 14 per- This has been primarily an area where The PRESIDING OFFICER. The Sen- cent. the States have maybe the heavier tax ator from Illinois. So those who say that a dollar a pack between the Federal and the State. Mr. DURBIN. Mr. President, I thank on that is too much, I point out it only This amendment also purports to say the Senator. brings it up to 30 percent of the aver- it will increase spending. Just reading How much time is remaining in sup- age wholesale price of a pack of ciga- the language, it says, ‘‘If the Com- port of the amendment? rettes. That would be 30 percent; and mittee on Appropriations reports the The PRESIDING OFFICER. Five and that would be less than what it has legislation’’ such-and-such, then the a half minutes. been many times in the past. chairman of the Budget Committee Mr. DURBIN. Mr. President, I will So it is not out of line with what we may revise aggregates up to. So it not use that amount of time, just per- have had as a Federal excise tax on doesn’t actually directly increase haps 1 minute, if the Senator will yield cigarettes, as I said, going clear back spending. It does directly increase it. I will just use 1 minute. to 1950. Then all the way up until about taxes to the tune of $39 billion over the Mr. President, I rise in support of 1983 it was more than 30 percent of the first few years. It assumes there would this amendment and ask unanimous average wholesale price. So this is not be a lot of new spending. I want to consent to be added as a cosponsor. out of line. make that clear. Some people are as- The PRESIDING OFFICER. Without But what we get for this, as has been suming it is a direct increase in some objection, it is so ordered. pointed out, is we get $30 billion over 5 functions.

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.074 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2623 Again, to repeat, my colleague from Senator SMITH from Oregon and I, and Mr. ROCKEFELLER. Of course. North Dakota and I have done this re- others, passed a $20 billion fiscal relief Mr. KENNEDY. If I might have the peatedly. The purpose does not really bill for the States. Half of that was de- attention of the floor manager for a mean the Finance Committee is going voted to Medicaid. It became an ex- minute, does he have 2 minutes for an to get an instruction to increase taxes, traordinarily important part of what inquiry available? decrease taxes, keep present law, have States did to be able to survive. Mr. CONRAD. Does the Senator from tax increases. This is a tax increase. I We are once again in a dire fiscal sit- West Virginia have any time? have been on the Finance Committee uation. States face the prospect of hav- The PRESIDING OFFICER. Thirty for a long time. I don’t remember ever ing to cut benefits to kids, particularly seconds. voting on an amendment to increase poor kids, needy families, and seniors Mr. CONRAD. I am delighted to yield cigarette taxes. I guess it has floated in nursing homes, something which 75 the Senator 2 minutes off the resolu- around, but I don’t remember a serious Senators voted not to do last year. It tion. debate on increasing the cigarette tax passed the House. The President signed Mr. KENNEDY. Mr. President, isn’t and should this be a function to be re- it. it true that under this resolution we served for the States or for the Federal Forty-two States last year were in a are now considering, there will be no Government. budget deficit situation with respect to expansion of health care coverage I will reserve the balance of our time Medicaid. It was and is their largest under the existing program; and if the for Members who may be more knowl- problem. Sluggish job growth con- proposal of the Senator from West Vir- edgeable. I didn’t know what the excise tinues to add to that problem. Last ginia isn’t accepted, then what we are tax on a pack of cigarettes was until month our economy gained 21,000 new going to see are hundreds of thousands, my colleague said it is 31 cents. I don’t jobs. There are 8 million people out of even millions of the poorest of the chil- know what the wholesale price of a work, so that is only one job for every dren, poorest of the elderly, frailest of pack of cigarettes is. I don’t know 380 unemployed workers. The majority our seniors, dropped from any kind of what the retail price is. I don’t know, of Americans get their health care health care coverage? don’t care too much. So maybe this is through their job, particularly manu- Mr. ROCKEFELLER. The Senator a fight for other people. facturing jobs, so employment is tre- from Massachusetts is precisely cor- Mr. FRIST. Mr. President, I rise in mendously important. Manufacturing rect. The fact is there is not a nickel’s opposition to the Harkin Amendment. has been going down, as the Presiding increase from what it was we passed so I’m against raising taxes. And that is Officer knows. unanimously a year ago, not a nickel’s Even more depressing, about 400,000 exactly what this amendment is—a tax increase. Americans have dropped out of the increase and a large one. Moreover, it Mr. KENNEDY. Would the Senator workforce altogether, which to me is is very regressive. It raises taxes on agree with me that one of the great the saddest thing that can happen, concerns across the country is there many people who can’t afford it. where people just kind of give up. The However, I share the overall goal of has been increasing numbers of the un- Presiding Officer and I have seen that reducing tobacco use. Smoking is still insured, costs have gone up 43 percent? in our States and across America. And now without the inclusion of the the number one killer in America, But instead of working to further proposal of the Senator from West Vir- though obesity is now a close second, a ease the budgetary strain on States, ginia, we are putting at risk the poor- should be addressed by Congress. As a Congress has actually made life tough- heart and lung transplant surgeon, I er for States fiscally. The new Medi- est of the poor, poor children, frail, el- know very well the results of this dead- care law includes at least $1.2 billion in derly people, those in the nursing ly habit, and I have consistently sup- net costs to States in fiscal years 2004, homes of this country. I commend the ported reasonable FDA regulation of 2005, and 2006. We should be providing Senator from West Virginia. This tobacco which focuses on youth con- States the resources they need to work makes absolute sense and I think it is sumption. with Medicare, not enacting legislation an absolute necessity. I hope we will I hope that we can eventually reach that assumes cuts. have the opportunity to make sure it is agreement on a package that will give My amendment, which I will not part of the budget. FDA reasonable authority to regulate offer formally, would allow Congress to Mr. ROCKEFELLER. I thank the tobacco and provide a buy-out for our enact legislation simply to extend the Senator and I thank the Chair. tobacco farmers. I encourage my col- enhanced Medicaid match we passed The PRESIDING OFFICER. The Sen- leagues who support this amendment last year beyond June 30 of this year. It ator from North Dakota is recognized. to work to accomplish that worthy is not a prescriptive policy, but rather Mr. CONRAD. Mr. President, I yield public health goal. a placeholder that will allow us to help myself time off of the resolution. I The PRESIDING OFFICER. The Sen- an awful lot of people down the road. want to say to my colleagues that we ator from North Dakota. Some in this body will argue we did are rapidly approaching a defining mo- Mr. CONRAD. Mr. President, the this just to be temporary. The eco- ment of this year’s budget resolution. Senator from West Virginia is seeking nomic situation has not stabilized. To We have just a few hours left, and we time. How much time would the Sen- the extent we can say the problem is have requests for much more time than ator want? there and there is something we can do there is available. I remind colleagues Mr. ROCKEFELLER. Five or six min- to help States, it will make an enor- of the way this works. Even though I utes. mous difference to lots of people. It is have 4 hours remaining—how much Mr. CONRAD. I yield 5 minutes off interesting and sad that 30 States are time remains on this side? the resolution to the Senator from projecting budget deficits for the fiscal The PRESIDING OFFICER. Four West Virginia. For the information of year coming up. Estimates indicate hours three minutes. the chairman, the Senator has agreed those deficits could total as much as Mr. CONRAD. I have 4 hours 3 min- to talk about an amendment but not $41 billion. In eight States—and I won’t utes. Senator NICKLES has an hour and offer it. That is why we are asking at name them—the budget shortfalls are 30, something like that. this time that he be given 5 minutes to so large for Medicaid that they exceed The PRESIDING OFFICER. That is discuss his concern. 10 percent of the entire budget of the correct. The PRESIDING OFFICER. The Sen- State. Mr. CONRAD. Senator NICKLES can ator from West Virginia. I put this concept, which I believe is yield back all of his time and that Mr. ROCKEFELLER. Mr. President, I tremendously important, before the means we functionally have 2 hours thank the extremely distinguished Pre- Senate. It simply allows fiscal relief left on our side. That is the reality. siding Officer, Senator CONRAD, and beyond June 30. It allows an extension No. 2, we have 50 amendments pend- Senator NICKLES. of what we passed by an enormous ing on our side. That is after we started Last year we had a very interesting amount last year. I hope my colleagues with 98. We have reduced it to 50. I scene on this floor in which 75 Sen- will look upon it favorably. have never done this before, but I am ators, working with Senator COLLINS, Mr. KENNEDY. Will the Senator going to do it this time. At some point Senator NELSON from Nebraska, and yield for a question? in the very near future, I am going to

VerDate jul 14 2003 02:14 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.077 S11PT1 S2624 CONGRESSIONAL RECORD — SENATE March 11, 2004 start voting against amendments of- order. Senators have to come to the of this country are recognized—each of fered on either side that spend more managers and present their amend- us in our own homes and families has money. I don’t think, in light of the ments and get into the queue. The next to set priorities within the confines of massive deficits and debt that we have, amendment we have committed to con- our own family budgets. We have to even if the amendments are paid for, sidering is one from Senator BYRD, look at the year, the circumstances, we should be offering dozens of amend- also, Senator LINCOLN. and we have to figure out what is im- ments, other than those of extremely If Senator LINCOLN is ready, we could portant to us as a family, important to high priority. go to her at this point. I ask the Sen- us as part of a community, and what is We have had amendments thus far ator not to send her amendment to the important in terms of long range goals today that have been of an extremely desk, but to seek recognition to that we have for ourselves, our fami- high priority. I don’t believe it is in the present the amendment. Then we will lies, our communities and, in this in- interest of this country or of this body go to Senator BYRD, and then we go to stance, our Nation. to have dozens and dozens of amend- Senator LIEBERMAN. That is the order We also have to recognize that the ments, even if they are paid for, that that we have. Is Senator LINCOLN ready priorities and choices that we make re- add to the spending base, given the to go? garding those priorities have con- level of deficits and debt that we have. Mrs. LINCOLN. Yes. sequences. They have immediate con- I have been approached by many Mr. CONRAD. Off the resolution, I sequences on our families, commu- members on our side who have asked yield 10 minutes to the Senator. I ask nities, and our country. They also have me to deliver this message. I do so at her not to send the amendment to the long-term consequences on the things this time. We have lined up, in addition desk. that we want to achieve as individuals to the amendment from Senator HAR- Mrs. FEINSTEIN. Reserving the and collectively as a group. That is KIN and Senator FEINSTEIN, one from right to object. Is the Senator saying I why I rise today to offer an amendment Senator BYRD, an amendment from have no right to introduce my amend- to the budget resolution to provide $60 Senator LIEBERMAN, an amendment ment? billion over 5 years to reduce the grow- from Senator LINCOLN, and there may Mr. CONRAD. I am saying I am not ing number of uninsured Americans be a few more I am not yet aware of. going to give the Senator time to in- and to reduce the high cost of health But I hope that the message goes out troduce her amendment at this point. care. loudly and clearly that we are going to We have an order that has been agreed I do not know about the other Mem- show restraint and dramatically reduce to. We have made commitments to peo- bers of this body, but I do know, al- the number of pending amendments. ple as to when to present amendments. most to the individuals who come into Fifty amendments would take us 17 We have not seen the Senator’s amend- my office, whether they represent cor- hours of voting. We still haven’t gotten ment. Until we have seen it and gotten porate America, whether they rep- to the point of beginning the voting. it into the queue, other Senators who resent their families, whether they rep- Please, colleagues, I ask you to show had commitments made to them are resent the interest of their community some restraint. There is no need for us the only ones that we will give time to. and the small businesses that make up to come out here and offer 50 amend- Mrs. FEINSTEIN. For the record, it that community, but to a person, al- ments. This is the time. I hope the is my understanding that the amend- most every one of them mentions the phone starts ringing off the hook in the ment had been presented to your staff cost of health care in this country, its cloakroom from colleagues who say yesterday. We have sought time. I rec- escalation, and the concern it brings to they have 8 amendments to offer and ognize this amendment may not be one them as an individual and to their fam- they call back and say, I will reduce of your priorities. It is a huge amend- ilies, to their businesses, and to their that to the one that is really a pri- ment for many States that have very communities. ority. high costs, and I have presented it in What are we going to do about it? Please, let us not go through another the past. It has been unanimously How much of a priority are we going to vote-a-rama that takes 17 hours. Please adopted by this body in the budget bill. make this issue in terms of the high let’s not do that. I offered a separate amendment which cost of health care in this country? I yield the floor. was an authorization for $850 million, One of the most incredible contribu- The PRESIDING OFFICER. The Sen- which passed the Senate and is now in tors to this high cost of health care is ator from California is recognized. the House. There is no number from the number of Americans who are unin- Mrs. FEINSTEIN. I ask unanimous the President in the budget. That is sured, those who are unprepared for consent that the pending amendment why I am submitting it at this time. what may happen to them or to their be set aside, and I send an amendment Mr. CONRAD. Mr. President, I hope family members. It affects them, it af- to the desk. the point is clear. The Senator has fects their families, it affects their The PRESIDING OFFICER. Is there every right to offer her amendment. jobs, their employers, their commu- objection? The Senator will have a chance to offer nities, their health care providers—it Mr. CONRAD. Mr. President, reserv- her amendment. The point is this: We affects absolutely everyone. ing the right to object, we have not have an order. We have an agreement. This amendment I offer today will seen the amendment and we cannot We are working through those amend- dedicate funding to address this crit- agree to any amendments going to the ments where Senators have been put in ical issue and to do so in a way that is desk that have not been presented to the queue. I am not going to yield time fiscally responsible. Unfortunately, the the ranking member and chairman, to other Senators who break the line. budget resolution before us does not those managing the bill. I am con- We have made commitments to Sen- specify either an amount to promote strained to object until we see the ators for an order of recognition. I in- expanding health insurance coverage or amendment. tend to keep those commitments. a way to pay for it, which leads me to Mrs. FEINSTEIN. Mr. President, this Again, I yield to the Senator from believe it simply is not a priority, and is an amendment from myself and Sen- Arkansas 10 minutes off the resolution. I am here today to make it one. ators KYL, BINGAMAN, HUTCHISON, KEN- AMENDMENT NO. 2803 The fact is, the number of uninsured NEDY, CORNYN, BOXER, DOMENICI, CLIN- Mrs. LINCOLN. Mr. President, I in our country is alarming and should TON, MCCAIN, SCHUMER, GRAHAM, LAU- thank my colleague. I thank all of my be a national priority. Based on the TENBERG, CANTWELL, CORZINE, FEIN- colleagues. This is such an important statements of HHS Secretary Tommy GOLD, and EDWARDS. It has to do with issue as we look at the budget in the Thompson last week, it is clear Presi- the State criminal assistance program confines of the budget of this country, dent Bush’s administration does not for illegal aliens. We have tried to get really in the context of priorities. We recognize the severity of this crisis. floor time and have been unable to do have a lot of choices and we have a lot Secretary Thompson was quoted as so. of priorities in this country. Each of us saying: Mr. CONRAD. Mr. President, for the as Americans, here in the Senate, our Even if you do not have health insurance advice of my colleagues, we have an constituents who depend on us tremen- in America, you get taken care of. That order here. We have to follow that dously to make sure that the priorities could be defined as universal health care.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.080 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2625 With all due respect to Secretary leagues, How in the world can someone their jobs and what health insurance Thompson, I do not know where he is afford health insurance in the open they may have, Congress must do getting his information. Just look at marketplace on an income at that something. these simple facts: 20 percent of the level? Firms with a high proportion of I do not claim my amendment will working-age adults in Arkansas are un- low-wage workers are much less likely address every health care need in our insured. Nationwide an estimated 44 to offer insurance, and the fact health Nation. Some want to do more, and million Americans do not have health insurance for individuals, low-income some think we should do less. I believe insurance. working families to afford it on their my amendment is a balanced, common- Uninsured families have less access own does not exist. sense approach that will advance this to important screenings, state-of-the- This budget resolution does not important cause in a meaningful way. I art technology, and prescription drugs. prioritize this growing problem. It fails ask my colleagues for their support. Uninsured adults have a 25-percent working families because it does not We cannot assume people are getting greater mortality risk than adults with put any money aside. the health care they need, because they health insurance coverage. An esti- In President Bush’s budget, he sug- are not. All we have to do is listen to mated 18,000 deaths among people gested he wants to work with Congress corporate America, listen to small younger than 65 are attributed to lack on an offset for this proposed plan. business, listen to our health care pro- of health insurance coverage every sin- Guess what, Mr. President. I have one. viders, most importantly, listen to our gle year. Let’s eliminate the abusive tax loop- constituents. Uninsured adults with chronic condi- holes corporations have taken advan- The PRESIDING OFFICER. The Sen- tions, such as diabetes, cardiovascular tage of for years. How long do we have ator’s time has expired. disease, HIV infection, and mental ill- to wait, anyway? Mrs. LINCOLN. Mr. President, we ness, have less access to preventive This amendment is about priorities. cannot continue to turn a blind eye. care and have worse clinical outcomes Are we going to choose to help working Let’s get it done. I urge all Senators to than insured patients. families afford health insurance? Are vote for my amendment and vote on Uninsured adults negatively affect we going to continue to allow corpora- behalf of quality health care for all our health care providers and the local tions to get away with these abuses? Americans. economy, too. A community’s high We have investigated Enron’s tax shel- I thank the Chair. rate of uninsured can adversely affect ters activities, but we have done noth- Mr. KENNEDY. I am a cosponsor on the overall health status of the entire ing. We have done nothing in those cir- this amendment, and I ask for 11⁄2 min- community, the financial stability of cumstances. utes. its health care institutions and pro- We must make the growing number Mr. CONRAD. I would be glad to viders, and access to emergency depart- of uninsured in our country a priority. yield 2 minutes off the resolution on ments and trauma centers. It is clear working families are not get- this amendment to the Senator from My hospitals in Arkansas will tell ting the health care they need. No one Massachusetts. you how expensive uncompensated care can argue with that point. I challenge Might I ask the chairman if we could can be. These facts make it clear. Peo- any one of my colleagues. If they are get a time agreement on this amend- ple without health insurance do not get not hearing the same concerns in their ment so we can get that amendment taken care of, as Secretary Thompson offices, I would be surprised. sent to the desk. We will try to keep said. Those who lack health insurance There are a number of bipartisan pro- this queue as orderly as possible. do not get access to timely and appro- posals introduced in the Senate to ad- Mr. NICKLES. I ask unanimous con- priate health care. dress the high number of uninsured. sent that the debate on the Lincoln The fact is Americans without health Let’s come together and do something amendment be limited to 20 minutes insurance—children and adults—suffer good for the hard-working folks in this equally divided. worse health and they die sooner than country who cannot afford health in- The PRESIDING OFFICER. Is there those who do have health insurance. surance, those who cannot get access objection? Without objection, it is so The fact is people who lack health in- to the most basic of preventive medi- ordered. surance are sicker and they die sooner. cine. Congress needs to address this Mr. CONRAD. I thank the Chair. I You do not get taken care of if you issue. yield 2 minutes off the resolution to have no health insurance. You simply The high cost of health care in the the Senator from Massachusetts. fend for yourself. United States is giving other developed The PRESIDING OFFICER. The Sen- Working families need help with this countries an advantage in keeping and ator from Massachusetts. problem. In Arkansas, the No. 1 cause attracting jobs. If we want to talk Mr. KENNEDY. Mr. President, first, I of bankruptcy is high medical bills. If about losing jobs, look at one of the congratulate and commend the Senator what we want to do is put our economy highest costs to industry and to small from Arkansas. She is basically chal- back on track, let us work to provide businesses. It is providing quality lenging the Senate, saying that when small businesses and industry the abil- health care and health insurance that we are considering a $2.4 trillion budg- ity to access health insurance and is going to allow them to keep those et we ought to make a commitment in health care for their workers. We know workers and provide them what they this budget to a downpayment on that works. need to be good workers and good fam- health insurance for working Ameri- Last week, I introduced legislation ily members. cans. Eighty percent of those who do with Senator DURBIN and Senator CAR- For each car they build, not have health insurance are from PER to help small businesses gain ac- DaimlerChrysler AG pays out $1,300 in working families. Working families cess to affordable health insurance for employee health care costs. When they play by the rules, work hard, provide their employees. Small businesses are make that car in Canada, they pay for their children, and they are effec- the No. 1 source of jobs in Arkansas. hardly anything. They depend on a tively without this coverage. Small employers say offering health government program to provide that In the past, the Budget Committee insurance has a positive impact on re- health care. That is why the big three has had a reserve fund that has been cruitment and retention, employee automakers actually lobbied the Cana- funded on this. In the last budget, $50 moral, their performance, and the over- dian Government to maintain their na- billion came out of conference for all success of their business, their abil- tional health care system. If we want health insurance. It was $89 billion the ity to succeed and to grow the jobs to keep jobs in America, let’s make it year before, but it is zero effectively in that will help make this economy worth their while. Let’s make their this budget. strong. quality of life comparable in those in- The Senator from Arkansas is re- What better way to get our economy stances. minding us of our responsibility. The going again than to help small busi- At a time when jobs are leaving our problem has not gotten less; it has got- nesses to succeed? More than half of country, at a time when health insur- ten worse, and she is challenging this the workers in firms under 100 people ance premiums are rising by leaps and body to meet its responsibilities, to say make less than $25,000. I ask my col- bounds and working families are losing to the 43 million Americans, including

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.083 S11PT1 S2626 CONGRESSIONAL RECORD — SENATE March 11, 2004 the children who are out there, we are On page 4, line 14, increase the amount by reported taxes, for example. So I am committed to making a downpayment. $12,000,000,000. willing to do it, but this amendment We are not going to have all the an- On page 4, line 15, increase the amount by just basically increases taxes. swers but we insist, as a matter of na- $12,000,000,000. We can suggest closing loopholes but On page 16, line 12, increase the amount by tional priority, that we give focus and $12,000,000,000. this raises taxes. In the first year, it attention to the uninsured. That is On page 16, line 13, increase the amount by raises $12 billion in taxes. It just so what the Lincoln amendment is all $12,000,000,000. happens in the first year we are assum- about. On page 16, line 16, increase the amount by ing continuation of present law and Goodness knows, of the 43 million $12,000,000,000. that will cost us $12 billion. In other Americans, there is not a single Mem- On page 16, line 17, increase the amount by words, we continue present law for pri- ber of the Senate who does not have $12,000,000,000. marily low- and middle-income people, health insurance. There is not a single On page 16, line 20, increase the amount by and that will be $12 billion. So this will $12,000,000,000. Member of the House of Representa- On page 16, line 21, increase the amount by totally offset that. tives who does not have health insur- $12,000,000,000. The net result, if these two amend- ance. Let’s meet our responsibility and On page 16, line 24, increase the amount by ments are put together, the budget res- begin to treat our fellow Americans the $12,000,000,000. olution and this amendment, it will way we treat ourselves. On page 16, line 25, increase the amount by say zero tax relief in 2005; i.e., it will The PRESIDING OFFICER. The Sen- $12,000,000,000. say a tax increase for every family in ator from Arkansas. On page 17, line 3, increase the amount by America, for every couple in America, Mrs. LINCOLN. I ask unanimous con- $12,000,000,000. for everybody who has a child in Amer- sent to lay aside the pending amend- On page 17, line 4, increase the amount by ica. That is what this amendment is. $12,000,000,000. ment, and I send my amendment to the I want taxpayers to look out. There desk. The PRESIDING OFFICER. The Sen- are a lot of people looking after your The PRESIDING OFFICER. Without ator from Oklahoma. checkbook and they are looking to get objection, the pending amendment is Mr. NICKLES. Mr. President, I have in your checkbook. Some of us are not set aside. great respect and esteem for my neigh- going to let that happen. I urge our The clerk will report the amendment. bor from Arkansas, but this is an colleagues to vote no on the amend- The assistant legislative clerk read amendment that would increase taxes ment at the appropriate time. as follows: by $60 billion. I think we want to send I ask unanimous consent that we lay The Senator from Arkansas [Mrs. LIN- out a clarion call to taxpayers: Look aside the Lincoln amendment and now COLN], for herself, Mr. DASCHLE, Mr. KEN- out. Our good friends on the Democrat take up consideration of the amend- NEDY, Mr. DURBIN, Mr. DODD, Mr. CORZINE, side of the aisle are after you. They are ment of Senator BYRD and that the Mr. BINGAMAN, Mr. KERRY, Mr. LAUTENBERG, coming. They are coming after your amendment have 40 minutes equally di- Mr. JOHNSON, Mr. PRYOR, Mrs. CLINTON, and pocketbooks. vided. Mr. JEFFORDS, proposes an amendment num- We just considered an amendment The PRESIDING OFFICER. Is there bered 2803. from our colleague from Iowa for $39 objection? Without objection, it is so Mrs. LINCOLN. Mr. President, I ask billion. The Senator from California, ordered. unanimous consent that the reading of Mrs. BOXER, offered an amendment for The PRESIDING OFFICER. The Sen- the amendment be dispensed with. $24 billion, and there are a lot of other ator from West Virginia. The PRESIDING OFFICER. Without tax increases in a lot of other amend- AMENDMENT NO. 2804 objection, it is so ordered. ments that I guess we will discuss. The Mr. BYRD. Mr. President, I thank The amendment is as follows: $60 billion tax increase that Senator the distinguished manager of the bill. I (Purpose: To provide $60 billion over five LINCOLN is offering proposes to close send an amendment to the desk. years for greater health security for work- loopholes. The PRESIDING OFFICER. The ing Americans and their families through a My colleague from Arkansas is on combination of public and private efforts clerk will report. to expand quality, affordable health insur- the Finance Committee. We mark up The assistant legislative clerk read ance coverage and cut health care costs by tax bills all the time. The Senator as follows: eliminating abusive tax loopholes) should introduce her amendment to The Senator from West Virginia [Mr. On page 3, line 9, increase the amount by close the loopholes. As soon as I found BYRD] proposes an amendment numbered $12,000,000,000. out about the leasing provision, I start- 2804. On page 3, line 10, increase the amount by ed talking about we need to repeal it. Mr. BYRD. Mr. President, I ask unan- $12,000,000,000. The chairman of the Finance Com- imous consent that the reading of the On page 3, line 11, increase the amount by mittee put that in the FSC/ETI bill. We amendment be dispensed with. $12,000,000,000. had that bill on the Senate floor, and it The PRESIDING OFFICER. Without On page 3, line 12, increase the amount by objection, it is so ordered. $12,000,000,000. will be back in a week. We can make On page 3, line 13, increase the amount by that law. There are other loopholes The amendment is as follows: $12,000,000,000. that need to be closed, many of which (Purpose: To provide responsible restraints On page 3, line 17, increase the amount by the chairman of the Finance Com- on discretionary funding while providing $12,000,000,000. mittee has in that bill, supported by adequate resources for education, veterans, homeland security, and other critical do- On page 3, line 18, increase the amount by Senator GRASSLEY and Senator BAUCUS mestic priorities and fully offsetting the $12,000,000,000. and many of us on the committee, On page 3, line 19, increase the amount by cost by closing corporate tax loopholes, $12,000,000,000. most of those in a very bipartisan way. improving tax enforcement, and reducing On page 3, line 20, increase the amount by Now a lot of that is used to pay for tax breaks for the top 1 percent without af- $12,000,000,000. the JOBS bill that Senator GRASSLEY fecting middle-class taxpayers) On page 3, line 21, increase the amount by and Senator BAUCUS are trying to pass. On page 3, line 9, increase the amount by $12,000,000,000. The idea of being able to lower manu- $5,656,000,000. On page 4, line 4, increase the amount by facturing rates, and so on, there are a On page 3, line 10, increase the amount by $12,000,000,000. lot of these ‘‘loopholes.’’ If my col- $13,365,000,000. On page 4, line 5, increase the amount by On page 3, line 11, increase the amount by $12,000,000,000. league has more loopholes, let’s talk $3,596,000,000. On page 4, line 6, increase the amount by about them. On page 3, line 12, increase the amount by $12,000,000,000. I asked the Secretary of the Treas- $1,200,000,000. On page 4, line 7, increase the amount by ury, Secretary Snow, if he has some On page 3, line 13, increase the amount by $12,000,000,000. ideas about some loopholes that need $429,000,000. On page 4, line 8, increase the amount by to be closed to give me a list. I like to On page 3, line 17, increase the amount by $12,000,000,000. $5,656,000,000. On page 4, line 12, increase the amount by close loopholes. I do not like it when On page 3, line 18, increase the amount by $12,000,000,000. there are real inequities and there are $13,365,000,000. On page 4, line 13, increase the amount by people cheating who are not paying On page 3, line 19, increase the amount by $12,000,000,000. their fair share. There are a lot of un- $3,596,000,000.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.086 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2627 On page 3, line 20, increase the amount by deficits and debt that now lie before us. percent of the Federal budget. No one $1,200,000,000. Such a balanced resolution should rely should believe cutting domestic discre- On page 3, line 21, increase the amount by on responsible restraint, on all three tionary spending by itself can produce $429,000,000. elements of the budget: revenues, man- On page 4, line 5, increase the amount by balanced budgets. $7,361,000,000. datory spending, and discretionary I remind Senators that according to On page 4, line 13, increase the amount by spending. the White House’s own budget docu- $13,365,000,000. The Senate has an obligation to ap- ments, if we were to eliminate every On page 4, line 14, increase the amount by prove a budget resolution that will per- penny of nondefense spending in fiscal $3,596,000,000. mit the Congress to enact 13 fiscally year 2004, we would still run a deficit of On page 4, line 15, increase the amount by responsible appropriations bills. This $65 billion. $1,200,000,000. budget resolution utterly fails to meet The mathematics in this resolution On page 4, line 16, increase the amount by those tests. Instead, the resolution just do not work. The budget resolu- $429,000,000. puts the Congress on a course toward On page 4, line 20, increase the amount by tion cuts discretionary budget author- $5,656,000,000. long-term deficits, higher debt, and an ity for fiscal year 2005 by $1.9 billion On page 5, line 3, decrease the amount by appropriations process that will inevi- and outlays by $12.1 billion below the $5,656,000,000. tably produce gimmicks and delays. request of the President. For non- On page 5, line 4, decrease the amount by The budget resolution puts us on a defense, non-homeland security pro- $5,656,000,000. course that will prevent us from meet- grams, the resolution cuts budget au- On page 5, line 5, decrease the amount by ing the needs of the Nation. Rather thority for fiscal year 2005 by $11.2 bil- $5,656,000,000. than confront record deficits with re- On page 5, line 6, decrease the amount by lion below the level necessary to keep sponsible limits on mandatory and dis- pace with inflation. Outlays for non- $5,656,000,000. cretionary spending and reassessment On page 5, line 7, decrease the amount by defense programs face even deeper, $5,656,000,000. of the revenue losses produced by the unsustainable cuts; that is, $11.2 billion On page 5, line 11, decrease the amount by tax cut legislation of 2001 and 2003, the in cuts in education, health care, vet- $5,656,000,000. Budget Committee produced a myopic erans medical care, job training, trans- On page 5, line 12, decrease the amount by budget resolution that pretends to ad- portation, and other critical priorities. $5,656,000,000. dress the deficits with ridiculously low Such cuts do not have the support of On page 5, line 13, decrease the amount by limits on domestic discretionary $5,656,000,000. the American people or their Rep- spending. resentatives in Congress. On page 5, line 14, decrease the amount by It is not the spending side of the $5,656,000,000. Just 2 weeks ago, the House Vet- budget that has put the Federal budget On page 5, line 15, decrease the amount by erans’ Affairs Committee called upon back into the deficit ditch. Rather $5,656,000,000. the House Budget Committee to in- than restoring some sanity to our rev- On page 23, line 9, increase the amount by crease veterans spending by $2.4 bil- enue base, the budget resolution that is $7,361,000,000. lion. Recently, the Senate passed a bill On page 23, line 10, increase the amount by before us includes $144 billion in new increasing funding above the Presi- $13,365,000,000. tax cuts. According to the House Budg- dent’s request for highway and mass On page 23, line 14, increase the amount by et Committee, the tax cuts enacted transit programs. The Senate Finance $3,596,000,000. since 2001 have or will increase our On page 23, line 18, increase the amount by Committee has requested more funds deficits by $2.6 trillion for the period $1,200,000,000. for tax enforcement. The Senate Small On page 23, line 22, increase the amount by from 2001 to 2013. According to the Office of Manage- Business Committee called for in- $429,000,000. creases in small business loans. The On page 40, line 1, increase the amount by ment and Budget, taxes in 2004 are, as $7,361,000,000. a percentage of gross domestic product, Senate Governmental Affairs Com- On page 40, line 2, increase the amount by the lowest they have been since 1950. mittee called for increases for the $13,365,000,000. Every year, the IRS fails to collect Coast Guard. None of these increases At the end of Title III, insert the following: hundreds of billions of dollars from de- are included in this resolution. Yet we SEC. . RESERVE FUND FOR EDUCATION, VET- linquent taxpayers and corporations. engage in this charade, framed by the ERANS’ MEDICAL CARE, GLOBAL Bush administration, about how discre- HIV/AIDS, AMTRAK, HIGHWAYS, MASS In 2001, IRS data showed $49 billion in TRANSIT, NATIONAL INSTITUTES OF lost revenues from delinquent employ- tionary spending is bloated and how HEALTH, FIRST RESPONDER ment taxes, penalties, and interest funding cuts are the absolute one and GRANTS AND OTHER DEPARTMENT owed to the Federal Government. The only way to reduce the deficit. OF HOMELAND SECURITY PRO- Joint Tax Committee estimates that Under the President’s budget, by 2009, GRAMS. education and training programs will The Chairman of the Committee on the the cost of tax preferences increased by Budget of the Senate shall revise the aggre- twice the rate of spending during the be cut 7 percent below levels necessary gates, functional totals, allocations to the last 10 years, from $488 billion a year to to keep pace with inflation. Environ- Committee on Appropriations of the Senate, $730 billion a year, and none of it— mental programs will be cut by 20 per- discretionary spending limits, and other ap- none—is required to be reviewed annu- cent, law enforcement programs by 16 propriate levels and limits in this resolution ally by the Congress. percent, veterans medical care by 17 by up to $11,223,000,000 in budget authority Yet there is nothing in the budget percent. The President tells us that we for fiscal year 2005, and by the amount of resolution to increase tax enforcement are in the midst of an energy crisis, but outlays flowing therefrom in 2005 and subse- his budget cuts energy programs by 27 quent years for a bill, joint resolution, mo- or to close tax loopholes. Instead, this tion, amendment, or conference report that budget resolution heaps more tax cuts percent in 2009. provides additional fiscal year 2005 discre- on top of the huge back-loaded tax cuts Remember No Child Left Behind? In tionary appropriations, in excess of levels already enacted. This budget resolu- 2009, the title I program will be cut by provided in fiscal year 2004, for Department tion pretends to reduce deficits by fo- $260 million below levels approved for of Education programs in the No Child Left cusing cuts on one very small piece of 2004, adjusted for inflation. Overall, do- Behind Act (P.L. 107–110), Veterans’ medical the budget pie, domestic discretionary mestic programs would be cut by 12 care programs, the Global HIV/AIDS Initia- spending. Unlike the Tax Code or man- percent in 2009. tive, Amtrak, Federal-Aid Highways, Mass datory programs, discretionary spend- Does this budget resolution restore Transit Capital Investment Grants, the Na- those cuts? No. No. No. Instead, this tional Institutes of Health, and first respond- ing is the only piece of the Federal ers (including High-Threat/High-Density budget required to be reviewed every budget makes it next to impossible for Urban Area Grants, State Basic Formula year by the Congress, and it is the only the Federal Government to meet its Grants, Firefighter Assistance Grants, part of the budget that is squeezed rou- obligations to children, to seniors, and COPS, and State and Local Law Enforce- tinely for savings, even though there is to veterans. It digs a deep hole for ment Assistance) and other Department of an abundance of potential savings from funding education; a deep hole for fund- Homeland Security programs. excesses in the other areas of the budg- ing health care; a deep hole for funding Mr. BYRD. Mr. President, the Senate et. environmental programs, such as clean has an obligation to approve a budget Here are the facts. Domestic discre- and safe drinking water. This budget resolution that addresses the massive tionary spending comprises less than 17 puts the President’s political priorities

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.012 S11PT1 S2628 CONGRESSIONAL RECORD — SENATE March 11, 2004 first and it puts the American people increase funding is for our defense This amendment is balanced. It is last. This budget resolution will force forces overseas. Defenses here at home fair. It is responsible. We should not ig- cuts to domestic discretionary pro- are left to scramble and scrape. nore the needs of our constituents. I grams by almost $1 billion below the My amendment would increase the urge the adoption of my amendment. President’s totally inadequate request levels of the 2-year caps on discre- I yield the floor and reserve the re- for fiscal year 2005. It is a slash-and- tionary spending contained in the reso- mainder of my time. burn program. Ignore the con- lution to sustainable levels. These lev- The PRESIDING OFFICER. Who sequences. We must cut, cut, cut. els would allow Congress to responsibly yields time? The resolution is $11.2 billion below move forward on the appropriations Mr. CONRAD. Mr. President, I want the amount necessary to keep pace process. to again send a message out to our col- with inflation. During the next 5 years, This amendment provides sufficient leagues just as strongly and as clearly the budget resolution cuts domestic resources, including $11.2 billion in fis- as I can. We are very close, I believe, to programs such as veterans, education, cal year 2005 and $7.4 billion in fiscal having presented our major amend- and transportation by $107 billion year 2006 to make sure that the level of ments. I believe very strongly that this below the amount necessary to keep activity for domestic programs that year less is more. I hope colleagues will pace with inflation. the Congress approved and the Presi- refrain from offering additional amend- What is going on here? dent signed into law for 2004, can be ments unless they are just extraor- This Nation is suffering from ne- maintained in 2005 and 2006, after ad- dinarily important and they are able to glect—neglect. Our schools are break- justing for inflation. convince the managers and the leader- ing apart; our health care system is in We will hear during the debate that ship they simply must be offered. disarray; Social Security and Medicare spending is out of control. It really is We are now on the fourth day of de- face bankruptcy; America’s veterans not. We have seen an increase in the 3 liberations on the budget resolution. have to wait for weeks upon weeks for years since President Bush took office, We have had an opportunity to debate basic medical care; our homeland secu- but what programs have received those this in a full and virtually complete increases? The increases have been for rity network is riddled with massive way. We are on the brink of having defense, homeland security, and the re- gaps. Even though terrorists struck our been able to complete the offering of sponse to the September 11 attack. In all our major priority amendments. Nation 21⁄2 years ago, this very day pro- fact, 91 percent of the spending in- I am asking my colleagues, please re- tections at home are little improved creases since 2001 have been in those frain from offering additional amend- from that fateful day. three categories. According to staff ments. I hope very much we will have Why? Why do we face such major cri- analysis, increases for domestic pro- a meeting on our side to discuss how ses in so many critical areas? The an- grams, excluding homeland security, we proceed from this point. swer is simple. The Bush White House have barely kept pace with inflation I thank all of our colleagues who and this Congress have failed to live up over the last 2 years. have debated. I thank all of our col- to the promises made to the American If you think the Congress should re- leagues who have offered these key people. store the President’s proposed cuts of amendments. I want to especially Today, the President is scheduled to $1 billion in State and local law en- thank Senator BYRD for his courtesy participate in the groundbreaking for forcement grants, you should be for and his willingness to accept the limi- the 9/11 memorial in New York City. It this amendment. If you voted for the 1 tation on time. was 2 ⁄2 years ago today that those Senate highway bill, you should be for The next Member in our order is Sen- planes struck the two towers, the Pen- this amendment. If you think that vet- ator LIEBERMAN. tagon, and the field in Pennsylvania. erans should not have to pay special I see the chairman has returned. But are we safer? Hardly. The security charges and membership fees for health Again, I am asking all of our col- of this Nation is on thin ice. The Bush care, if you think that veterans al- leagues who have pending amendments administration has held back support ready paid their dues at Iwo Jima, on our side, please review them with a for critical investments in homeland Pork Chop Hill, and the Mekong Delta, fine-tooth comb. Unless they are abso- security, in police officers, in fire- then you should be for this amend- lutely essential, I ask you, I urge you fighters, in border, airport and seaport ment. not to offer the amendment. And for security. As a result of this White Anyone who wants to characterize the first time I have ever done this on House’s foot dragging, America is woe- this amendment as excessive spending a budget resolution, I am very close to fully unprepared to prevent or respond is not paying attention to the needs of the point where I will begin opposing to another terrorist attack. their constituents. Nor are they paying amendments because I feel so strongly Police officers, firefighters, and para- attention to the bottom line. This we should not offer substantially more medics throughout this country have amendment would reduce the deficits amendments than we already have. I sent a clear message to this Capitol; below the levels assumed in the budget am very close to the point of taking namely, they need more Federal help resolution. The amendment assumes the position that I will oppose amend- to best do their job. Law enforcement additional revenues from the elimi- ments. We have had a good opportunity grants are proposed to be cut by $1 bil- nation of waste in tax expenditures, to debate. We have had a good oppor- lion. through increased tax enforcement and tunity to consider major amendments. The President, in his budget, puts compliance, and through the partial re- We can have some additional high pri- first responders last in line for Federal peal of the excessive tax cuts for the ority amendments. But 50 additional funding. The President’s budget pro- wealthiest Americans enacted in recent amendments, no. That is not reason- poses to cut grants that equip and years. able. It is not fair to our colleagues. train police, fire, and emergency med- This Senate must not continue to Please, let us show some restraint. ical services personnel by $733 million. tell the American people that we are I thank the Chair. Fire grants alone are to be reduced by enacting legislation to better educate The PRESIDING OFFICER. The Sen- 33 percent. our children and to provide adequate ator from Oklahoma. These cuts come despite continued care for military veterans—- those men Mr. NICKLES. Mr. President, I want warnings—from think tanks, from and women who are enduring service in to echo everything my colleague from commissions, and from first responders the powder keg called Iraq and will North Dakota said. themselves—that our Nation is not need care—because we are not pro- I know I have complained to Senator adequately prepared to respond to an- viding the money. We do not pay for BYRD in the past about deliberations other act of terrorism. our promises and that is nothing short on the budget process. I said I dislike Congress has a responsibility to pro- of flim-flam and fraud pulled on the vote-aramas. In the past, management tect the Nation. It must focus on the American people. To starve basic do- of budget bills has many times stacked country’s many serious vulnerabilities mestic needs and feed the country only the votes. Well, there won’t be any and invest dollars where they are most feel-good rhetoric is the worst kind of votes and people would have long de- needed. But it seems as though the posturing. Let us stop misleading the bates, and, therefore, not really con- only time this Congress is willing to taxpayer and deliver what we promise. sider very many amendments until late

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.090 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2629 Thursday night. We haven’t done that, time to do it. But I think a lot of these in delinquent taxes. IRS and Federal frankly in large part because of my re- so-called closing tax breaks are not payment records indicate that 1 mil- lationship and respect for Senator there or Senator GRASSLEY and Sen- lion taxpayers owed about $26 billion in CONRAD. We said we wanted to avoid ator BAUCUS already have them in delinquent taxes as of February 2002 the vote-arama. Last year was prob- their bill or they are planning on put- and were still receiving some type of ably the worst vote-arama in Senate ting them in the bill. I am all for clos- Federal payment. history. To me, it is very demeaning to ing them. And I could mention other Our own budget chairman, at a hear- the Senate. We cast 51 rollcall votes, provisions. I am for closing them. But ing this year with Treasury Secretary most of which were jammed together, let’s do it on the tax bill. Snow, expressed his concerns about tax most of which had 1 minute of debate This is basically saying, let’s have a compliance and its effect on the rev- each, and no one knew what they were tax increase of $24 billion and increas- enue side of the budget. voting on. It was not a pretty picture. ing spending by $18 billion. The Senate should at least make It wasn’t good for the Senate. I want to I urge our colleagues to vote against some effort to ensure we are enforcing do what is right for the Senate. I have the amendment. our current tax laws and that delin- heard Senator BYRD say that. I happen The PRESIDING OFFICER (Mr. quent taxpayers are paying their fair to agree with him. CRAPO). The Senator from North Da- share before we cut education, health I appreciate his amendment. I don’t kota. care, and veterans programs for citi- support his amendment, but I appre- Mr. CONRAD. Mr. President, I say to zens who actually pay their taxes. ciate it. It is a substantive amendment. my colleague, the chairman, Senator I reserve the remainder of my time. As Senator CONRAD said, we are willing BINGAMAN is in the Chamber. He would The PRESIDING OFFICER. Who to take substantive amendments and be willing to take 5 minutes to describe yields time? debate them and discuss them and give an amendment, and I am wondering if The Senator from North Dakota. Members ample time to consider them. we could give him that time. My inten- Mr. CONRAD. Mr. President, I now But we do not need to have repetitive tion would be to give him 5 minutes off yield to Senator LAUTENBERG for the amendments. We do not need to have the resolution. purpose of sending forward his amend- endless amendments. We do not need to I would ask him, because we have ment that we earlier discussed I will have sense of the Senates. And we do just given the amendment to the other give him a minute off the resolution to not need to have people staying here side, not to send his amendment to the send his amendment to the desk, and until 1 o’clock in the morning voting, desk at this moment but to describe it. then go to Senator BINGAMAN for 5 min- where they are like zombies and don’t I would give him 5 minutes off the reso- utes to discuss his amendment. really recognize what they are voting lution. If the Senator needs more time, The PRESIDING OFFICER. Without on. I would add time. We need unanimous objection, it is so ordered. The pending I want to make a couple comments consent to allow him to speak on his amendment is laid aside. on the amendment before the Senate amendment without sending it to the AMENDMENT NO. 2703 right now, the amendment by my col- desk and set aside Senator BYRD’s Mr. LAUTENBERG. Mr. President, I league and friend, Senator BYRD. This amendment for the moment. call my amendment up, which was de- amendment would increase taxes by I ask the Senator, would that be ac- bated earlier. It is amendment No. 2703. $24.5 billion. It increases spending by ceptable? The PRESIDING OFFICER. The about $18 billion. I urge our colleagues Mr. BYRD. When may I briefly re- clerk will report. to defeat it. spond to Mr. NICKLES? The legislative clerk read as follows: Mr. CONRAD. Would the Senator pre- We have had a lot of amendments The Senator from New Jersey [Mr. LAU- that will increase taxes and increase fer to do that at this moment? TENBERG], for himself, Mrs. BOXER, Mr. JEF- Mr. BYRD. Just briefly, if I may. spending. We are going to be voting on FORDS, Mr. CORZINE, Mr. LIEBERMAN, Mr. Mr. CONRAD. An entirely reasonable BIDEN, Mr. DURBIN, Mrs. CLINTON, Mr. LEAHY, that several times—maybe even more request. Ms. CANTWELL, Mr. FEINGOLD, and Mr. KEN- times. I hope we don’t continue voting Thank you, I say to Senator BYRD. NEDY, proposes an amendment numbered on it. I think people are making their Mr. BYRD. Thank you. 2703. points. I understand a lot of people The PRESIDING OFFICER. The Sen- Mr. LAUTENBERG. Mr. President, I want to tax more and spend more. That ator from West Virginia. ask unanimous consent that reading of is understood. I do not know how many Mr. BYRD. Mr. President, if I may the amendment be dispensed with. times we would have to vote on it. resume and take a bit more of my The PRESIDING OFFICER. Without The tax assumption we have in the time. objection, it is so ordered. bill before us for 2005 is $12.3 billion in It is not spending that has put us The amendment is as follows: tax reduction. But in reality we are as- back into the deficit ditch. Spending (Purpose: To reduce debt and require the in- suming present law will be extended. If for 2005 is estimated to be about 20 per- dustries respondible for producing products you extend present law—no tax cut, cent of the gross domestic product. that contaminate toxic waste sites and in- but basically extend present law—that That is significantly less than during dustries who are exempt from liability for costs us about $12.3 billion. the Reagan administration or during such contamination, to help pay for the This bill increases taxes by about the administration of President Bush’s cleanup by reinstating the Superfund pol- $11.2 billion. In other words, you could father. On the other hand, revenues as luter pays fees, and to reduce the deficit) not extend present law. It nets out. It a percentage of gross domestic product On page 3, line 9, increase the amount by would tell the Finance Committee, are the lowest since 1950. $1,501,000,000. don’t do it. The net result would be a On page 3, line 10, increase the amount by This amendment produces just $1,629,000,000. lot of families in Oklahoma and in enough spending to cover the levels ap- On page 3, line 11, increase the amount by other places around the country—if proved by this Congress and signed by $1,696,000,000. they have four kids, it would be a tax the President for fiscal year 2004, ad- On page 3, line 12, increase the amount by increase of $2,200, if they have taxable justed for inflation. This is a dis- $1,735,000,000. income of $58,000. These are not nec- ciplined amendment that sets reason- On page 3, line 13, increase the amount by essarily wealthy individuals. $1,754,000,000. able limits. This amendment is not On page 3, line 17, increase the amount by I know the top line of this says: We about increasing taxes. $1,501,000,000. want to reduce tax breaks for the upper In July 2003, at a House Ways and On page 3, line 18, increase the amount by 1 percent. I urge colleagues, if you Means Committee hearing on waste, $1,629,000,000. know of some tax breaks that need to fraud, and improved uses for taxpayer On page 3, line 19, increase the amount by be closed, Chairman GRASSLEY is going funds, GAO Comptroller David Walker $1,696,000,000. to have a bill on the floor when we re- testified that tax compliance and col- On page 3, line 20, increase the amount by $1,735,000,000. turn from this recess week after next. lection activity declines are a ‘‘high On page 3, line 21, increase the amount by Offer those amendments to close the risk’’ concern for the GAO. $1,754,000,000. tax breaks, and if they are legitimate, As of September 2001, IRS data On page 4, line 20, increase the amount by I may well support you. That is the showed that employers owed $49 billion $1,501,000,000.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.092 S11PT1 S2630 CONGRESSIONAL RECORD — SENATE March 11, 2004 On page 4, line 21, increase the amount by What about this looming problem that amendment so my colleagues will $1,629,000,000. we all know about, which is called the know what is involved. As I say, I hope On page 4, line 22, increase the amount by alternative minimum tax? we can get a very strong bipartisan $1,696,000,000. Now, the alternative minimum tax vote in favor of the amendment. On page 4, line 23, increase the amount by $1,735,000,000. was put in place with the idea that I yield the floor. On page 4, line 24, increase the amount by very wealthy individuals should not be The PRESIDING OFFICER. The Sen- $1,754,000,000. able to avoid all taxes. If they cal- ator from North Dakota. On page 5, line 3, decrease the amount by culate their taxes and they figure out Mr. CONRAD. Might I advise the $1,501,000,000. some way to determine they do not Senator, we have now had a chance to On page 5, line 4, decrease the amount by owe anything, then they have to also show the amendment to the other side. $3,130,000,000. calculate on the basis of the alter- If the Senator would like at this mo- On page 5, line 5, decrease the amount by native minimum tax and at least pay ment to send his amendment to the $4,826,000,000. that amount. desk, that would be appropriate. On page 5, line 6, decrease the amount by Mr. NICKLES. Mr. President, if our $6,561,000,000. That was the idea behind it. Unfortu- On page 5, line 7, decrease the amount by nately, with the changes we made in colleague would decide not to send his $8,315,000,000. the tax law and with the changes in the amendment to the desk, I would be On page 5, line 11, decrease the amount by economy and the tax structure, we are much more favorably inclined to dis- $1,501,000,000. now to a circumstance where we are cuss it. On page 5, line 12, decrease the amount by beginning to see more and more people Mr. BINGAMAN. Mr. President, this $3,130,000,000. affected by the alternative minimum is the kind of good government amend- On page 5, line 13, decrease the amount by ment that I was counting on my col- $4,826,000,000. tax. If we were to do what the Presi- dent has urged—that is, make all these league from Oklahoma supporting. I On page 5, line 14, decrease the amount by am sure the more he studies it, the $6,561,000,000. tax cuts permanent—then the number On page 5, line 15, decrease the amount by of people who are adversely affected by more merit he will see in the amend- $8,315,000,000. having to calculate their tax pursuant ment. I will be glad to send it to the On page 25, line 8, decrease the amount by to the alternative minimum tax would desk at this point, if now is the correct $1,501,000,000. go up very dramatically. Instead of it time. The PRESIDING OFFICER. The Sen- Mr. LAUTENBERG. Mr. President, I affecting a couple million people, we ator from Oklahoma. ask unanimous consent that the are talking about it affecting 30 mil- Mr. NICKLES. To further inform my amendment be sequenced following the lion people by the year 2012. colleague, I believe a budget point of Dorgan amendment No. 2793, and that My amendment says, let’s do first order lies against the amendment. I there be 2 minutes remaining for de- things first. Let’s figure out how to re- don’t know that will change his desire bate at that time with respect to the solve this problem of the alternative about whether to send it to the desk, amendment. minimum tax, and let’s not be bringing but I am fairly certain that a budget The PRESIDING OFFICER. Is there bills to the floor and passing legisla- point of order does lie against it. I objection? tion unless we have 60 votes in the Sen- would urge you to consider maybe Mr. NICKLES. Mr. President, I re- ate in favor of it. Let’s not be passing keeping it at a good verbal discussion served time for the Senator from Okla- legislation to worsen the situation and but not sending it to the desk. But you homa to speak on the amendment. He to require more and more Americans to has not done that, so I will continue to certainly have that right to do so. fall under these provisions of the alter- Mr. BINGAMAN. Mr. President, in reserve 7 minutes for my colleague native minimum tax. To me, it is a response to my colleague from Okla- from Oklahoma. straightforward, commonsense thing to homa, I would certainly want to send it The PRESIDING OFFICER. Without do. to the desk and have the opportunity objection, it is so ordered. I asked Secretary Snow in this same to call it up for a vote at the appro- Mr. LAUTENBERG. I yield the floor. hearing: How much is it going to cost priate time, if that is appropriate at The PRESIDING OFFICER. Who to fix the problem? this time. I do send the amendment to yields time? His answer was: We don’t know. We the desk. The Senator from New Mexico. are working on that. The PRESIDING OFFICER. Without I said: When are you going to know? AMENDMENT NO. 2765 objection, the pending amendment will Well, we are going to know maybe a Mr. BINGAMAN. Mr. President, I be set aside. thank my colleague, Senator CONRAD, year from now. The clerk will report. for yielding me some time to describe That is not an acceptable answer for The legislative clerk read as follows: the Senate or for the Congress or for an amendment I intend to offer and The Senator from New Mexico [Mr. BINGA- would like to have the Senate consider the American people. We should not be MAN] proposes an amendment numbered 2765. and vote on. making permanent tax cuts and fur- Mr. CONRAD. Mr. President, I ask This is an amendment which can be ther cutting taxes unless we know the unanimous consent that reading of the best summarized by reading it. It is extent of the revenue loss that is in- amendment be dispensed with. only a sentence long. And it says: volved in fixing this alternative min- The PRESIDING OFFICER. Without imum tax problem. It shall not be in order in the Senate to objection, it is so ordered. consider a bill, amendment, motion, joint All this does is set up a point of The amendment is as follows: resolution, or conference report that in- order. It says, if you are going to bring (Purpose: To ensure that legislation is not creases the number of taxpayers affected by a bill to the floor that adds more enacted that increases the number of tax- the alternative minimum tax, except for a Americans to this roster of people who payers affected by the alternative min- measure that extends expiring provisions re- have to calculate and pay their tax imum tax) lating to the child tax credit, the 10-percent pursuant to the alternative minimum On page 45, after line 13, insert the fol- tax bracket, and the marriage penalty. tax, then you have to get 60 Senators lowing: Mr. President, this is what I would to agree to pass that bill or else it does SEC. lll. POINT OF ORDER REQUIRING THAT call a first-things-first amendment. I not pass. INCREASES THE NUMBER OF TAX- PAYERS AFFECTED BY THE ALTER- heard the President, in his State of the It is a very constructive proposal. It NATIVE MINIMUM TAX AGAINST LEG- Union speech—and we have all heard is one that would strengthen this budg- ISLATION. him on numerous occasions—talk et resolution substantially. I hope all (a) POINT OF ORDER IN THE SENATE.—It about how we need to make permanent Members will support the amendment shall not be in order in the Senate to con- the tax cuts. when the time comes for me to offer it. sider a bill, amendment, motion, joint reso- We had a hearing in the Finance I am advised by my colleague, Sen- lution, or conference report that increases the number of taxpayers affected by the al- Committee where Secretary Snow, our ator CONRAD, this is not the appro- ternative minimum tax, except for a meas- Secretary of the Treasury, came in and priate time. Therefore, I will not send ure that extends expiring provisions relating said: We need to make permanent our the amendment to the desk. Again, I to the child audit, the 10 percent tax brack- tax cuts. And my question to him was: appreciate the chance to explain the et, and the marriage penalty.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.013 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2631 (b) SUPERMAJORITY WAIVER AND APPEAL.— On page 4, line 21, increase the amount by unprepared’’ to respond to another Sep- This section may be waived or suspended in $4,533,000,000. tember 11 attack and said that our first the Senate only by an affirmative vote of 3⁄5 On page 4, line 22, increase the amount by responders were ‘‘drastically under- $4,089,000,000. of the Members, duly chosen and sworn. An funded.’’ affirmative vote of 3⁄5 of the Members of the On page 4, line 23, increase the amount by Senate, duly chosen and sworn, shall be re- $1,160,000,000. Homeland security will not come quired in the Senate to sustain an appeal of On page 4, line 24, increase the amount by cheap. On first responders alone, one of the ruling of the Chair on a point of order $175,000,000. the expert panels I described told us raised under this section. On page 5, line 3, decrease the amount by they believe it would take $98 billion Mr. CONRAD. Mr. President, the $3,664,000,000. over 5 years to bring our defenses at On page 5, line 4, decrease the amount by home up to where they need to be. Yet Senator from Connecticut is next in $8,197,000,000. our queue. I am wondering if we might On page 5, line 5, decrease the amount by the administration proposes a stunning enter into a time agreement on the $12,286,000,000. 30-percent cut in resources for fire- amendment of the Senator from Con- On page 5, line 6, decrease the amount by fighters, police officers, and emergency necticut. I would suggest 20 minutes $13,446,000,000. medical personnel. equally divided. We provided that On page 5, line 7, decrease the amount by The President’s budget for fiscal year $13,621,000,000. amendment to the other side. 2005 fails to acknowledge, much less ad- On page 5, line 11, decrease the amount by dress adequately, the new threats we Mr. NICKLES. Mr. President, I $3,664,000,000. haven’t consulted with Senator COCH- On page 5, line 12, decrease the amount by face as a nation, shortchanging the RAN. That is the reason I am caught a $8,197,000,000. homeland side of our war on terrorism. little bit off guard. I have no objection On page 5, line 13, decrease the amount by That is why I rise today to offer this to limiting the debate to 20 minutes. I $12,286,000,000. amendment that would add $6.8 billion will be happy to limit the debate time On page 5, line 14, decrease the amount by to the administration’s homeland secu- $13,446,000,000. rity budget. on Senator LIEBERMAN’s amendment to On page 5, line 15, decrease the amount by 20 minutes. I may withhold some of our Let me describe where the money $13,621,000,000. would go: $4.4 billion of that amount time for Senator COCHRAN to come in SEC. . RESERVE FUND FOR HOMELAND SECU- would go toward helping our first re- and debate it at a later moment. RITY PROGRAMS. I ask unanimous consent that we The Chairman of the Committee on the sponders, the firefighters, the police of- have 20 minutes equally divided on the Budget of the Senate shall revise the aggre- ficers, the emergency medical per- Lieberman amendment. gates, functional totals, allocations to the sonnel, the hundreds of thousands of The PRESIDING OFFICER. Without Committee on Appropriations of the Senate, people who every day go to work, put objection, it is so ordered. discretionary spending limits, and other ap- on a uniform to serve not only as first propriate levels and limits in this resolution The Senator from Connecticut. responders but really, if we use them by up to $6,800,000,000 in budget authority for well, as first preventers of terrorist at- AMENDMENT NO. 2807 fiscal year 2005, and by the amount of out- tacks. I also propose $900 million in ad- Mr. LIEBERMAN. Mr. President, I lays flowing therefrom in 2005 and subse- ditional resources for port and con- send an amendment to the desk. quent years, for a bill, amendment, motion, The PRESIDING OFFICER. Without or conference report that provides additional tainer security, widely acknowledged objection, the pending amendment is fiscal year 2005 discretionary appropriations, as a continuing vulnerability to terror- laid aside. in excess of the levels provided in this reso- ists who will strike always where we lution for first responder grant programs, are undefended, and our ports and con- The clerk will report. border security programs, port security The legislative clerk read as follows: tainers are too greatly undefended. grants, the Operation Safe Commerce pro- I am calling here for $500 million to The Senator from Connecticut [Mr. gram, the Coast Guard Deepwater program, better prepare for the threat of bioter- LIEBERMAN], for himself, Mr. SCHUMER, Ms. and transportation security programs at the MIKULSKI, Mr. LAUTENBERG, Mr. BIDEN, Mrs. Department of Homeland Security; the Com- rorism, which recent intelligence re- MURRAY, Mr. KENNEDY, Mr. CORZINE, Mr. munity Oriented Policing Services (COPS) ports say continues to be a focus of the LEVIN, Mr. KOHL, Mrs. BOXER, Mr. DODD, Mr. program, the Edward Byrne grant program, terrorist groups around the world. I am JOHNSON, Mr. AKAKA, Mr. DURBIN, Mr. and the Local Law Enforcement Block Grant asking for $500 million for additional LEAHY, Mr. KERRY, and Mr. GRAHAM, pro- program at the Department of Justice; and border personnel as well as for needed poses an amendment numbered 2807. bioterror—related programs at the Depart- equipment and technology for border Mr. LIEBERMAN. Mr. President, I ment of Health and Human Services. security, so we will not see a repeat of ask unanimous consent that reading of Mr. LIEBERMAN. Mr. President, last the terrorists who came into America the amendment be dispensed with. week we observed the first anniversary to carry out the evil deeds of Sep- The PRESIDING OFFICER. Without of the Department of Homeland Secu- tember 11, 2001. objection, it is so ordered. rity, the largest reorganization of the I am asking for $1⁄2 billion to make The amendment is as follows: Federal Government in almost a half further advances on aviation security (Purpose: To restore cuts and increase fund- century. With that anniversary came a and for greater protection of other ing for homeland security programs and re- round of reflection on the status of our modes of transportation—rail, bus, duce the debt by reducing the President’s homeland defenses. There was general mass transit—that remain too unpro- tax breaks for taxpayers with incomes in agreement on the verdict. Yes, we are tected. About $2.5 billion of this excess of $1 million a year) stronger and safer at home, thanks to amendment is needed just to restore On page 3, line 9, increase the amount by the creation of the Department of cuts that the administration’s budget $3,664,000,000. On page 3, line 10, increase the amount by Homeland Security and other steps makes in some of these homeland secu- $4,533,000,000. that we have taken since September 11, rity functions from fiscal year 2004 On page 3, line 11, increase the amount by 2001. But no, we are not nearly as safe spending. $4,089,000,000. as we should be. We are not as safe as For example, in this amendment we On page 3, line 12, increase the amount by we should be because this administra- restore the administration’s $1 billion $1,160,000,000. tion has not given homeland security cut to the State homeland security On page 3, line 13, increase the amount by the focused leadership and resources grant program, the main source of as- $175,000,000. On page 3, line 17, increase the amount by that it demands. sistance to State and local govern- $3,664,000,000. The Gilmore commission, led by ments and first responders, an unac- On page 3, line 18, increase the amount by former Virginia Governor James Gil- ceptable cut. The amendment also $4,533,000,000. more, a distinguished Republican lead- would restore more than $1 billion in On page 3, line 19, increase the amount by er, recently warned of complacency cuts to proven first responder programs $4,089,000,000. about the terrorist threat and decried in the Justice Department: the local On page 3, line 20, increase the amount by the lack of a clear strategy to bring law enforcement block grant, the Ed- $1,160,000,000. On page 3, line 21, increase the amount by about improved security. Other expert ward Byrne Memorial grant program, $175,000,000. panels, one of them convened and led and the Community Oriented Policing On page 4, line 20, increase the amount by by former colleagues Warren Rudman Services Program, widely and appre- $3,664,000,000. and Gary Hart, called the Nation ‘‘still ciatively known as COPS.

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.014 S11PT1 S2632 CONGRESSIONAL RECORD — SENATE March 11, 2004 If someone asked whether we have sought by the administration. First, Yet, the President’s 2005 budget actu- been safer since September 11 from an- my proposal will restore the adminis- ally takes a step backwards by elimi- other attack, I just say: Thank God, we tration’s drastic $1 billion cut to the nating relatively small grant programs have been safe. But this is not an over- State Homeland Security Grant Pro- at FEMA that were dedicated to inter- reaction. gram, which is the main source of as- operability. Instead, funding for inter- Mr. Tenet testified before the Armed sistance to state and local govern- operability must now compete with Services Committee the other day and ments and first responders for emer- funds for protective gear, training, ex- he said that al-Qaida and more than gency planning, equipment, training, ercises, and other equipment. My pro- two dozen other terrorist groups exercises, mutual aid agreements, and posal would dedicate $1 billion specifi- around the world are still in eager pur- other preparedness activities. There is cally for interoperability to provide a suit of chemical, biological, radio- bipartisan support for restoring these significant lift to States’ efforts to logical, and nuclear weapons. Their No. cuts, reflecting the reality that all overcome a critical obstacle facing 1 goal—not their only goal—is to carry states face certain homeland funding emergency responders across America. out another ‘‘spectacular attack’’ on needs and need a steady, predictable In addition to equipment, this would the United States. Those are the terms source of money—as this program pro- include funding necessary for planning, they use, ‘‘spectacular attack,’’ which vides—to plan wisely. evaluation, deployment, and training they are convinced will break our will My amendment will also restore on the use of modern interoperable and certainly disrupt our economy. more than $1 billion in cuts to key first communications. We cannot let that happen. We must responder programs in the Justice De- Another $1 billion in this amendment defend our homeland and protect our partment: the Local Law Enforcement would go to fully fund the SAFER Act, infrastructure and our people where we Block Grant (LLEBG), the Edward staffing for Adequate Fire and Emer- are vulnerable, through the Depart- Byrne Memorial Grant Program gency Response, that is necessary to ment of Homeland Security, with the (BYRNE), and the Community Oriented hire 10,000 additional fire fighters. Ac- Policing Services Program (COPs). cording to the International Associa- kinds of funds that are authorized and These programs provide vital aid to tion of Fire Fighters, the shortage of appropriated in this amendment. help communities hire more police offi- We have a long way to go before we fire fighters has reached crisis propor- cers and equip them with the tools fulfill the promise each of us has made tions. Two-thirds of all fire depart- they need. Funding levels for these that our Federal Government would ments do not have adequate staffing, three programs have declined more adequately secure the American people falling below the accepted industry than $1.8 billion since fiscal year 2002, when they are at home. We have to ap- standards developed by the National representing a dangerous and unwise proach this profound responsibility Fire Protection Association and, more reduction at a time when the threat with the same unity, the same resolve, to the point, putting those firefighters from terrorism, but also domestic and the same resources we have who are on the job in danger. The crime, has clearly increased. SAFER Act, which Congress finally brought to the war on terror overseas. The amendment would also provide That is why I have introduced this passed last year due to the outstanding $400 million to restore a 33 percent cut leadership of my colleague Senator amendment and asked for my col- in the vital Fire Act program, which leagues’ support. DODD, authorizes $7.6 billion in grants provides direct support to thousands of over 7 years to career, volunteer, and Allow me to lay out, more specifi- fire departments around the country, cally, what this amendment would do combination fire departments hire new and to bring it to full funding. And it firefighters. At a time when budget and why it is so necessary. restores a $9 million cut to the Emer- I am advocating $4.4 billion in fiscal cuts have forced some local jurisdic- gency Management Planning Grants tions to actually reduce the number of year 2005—above the President’s re- program, which supports the capacity quest to help ensure that first respond- first responders, this funding is nec- of state and local governments to re- essary to help protect firefighters and ers have the equipment, training, and spond to emergencies of all kinds. other resources they need to prevent, to provide the emergency response ca- All of these programs are integral to pabilities communities want and ex- prepare for and if necessary respond to the strength of our first responders and acts of terrorism. pect. it is incomprehensible that we would Virtually every expert analysis of We all remember the heroic role po- cut them at a time the terrorist threat lice, firefighters and other first re- terrorist threats to the United States remains high. But we must do more focuses on the critical issue of port se- sponders played on 9/11, as our Nation than just hold the line we need to dra- responded to the horrific attacks of curity. Small wonder—millions of con- matically improve our homeland de- tainers arrive at U.S. ports each year, that day and braced for untold sequels fenses in our communities. coming from all parts of the globe and that might be soon to follow. Less visi- My proposal would provide $1 billion subject to only limited, if any, inspec- ble is the role many of these officials in new funding to be dedicated to help- tion. The ports are at once a tempting also play in attempting to prevent acts ing first responders obtain interoper- portal into the U.S. for dangerous of terrorism here at home: State and able communications equipment so cargo, and a vital economic conduit local police are the eyes and ears of the they can ‘‘talk to one another’’ when that—if shuttered due to a terrorist as- community that may first detect a ter- responding to events. The lack of com- sault—could cause devastating disrup- rorist plot on U.S. soil or intercept a munications interoperability has re- tion of the Nation’s economic life’s terrorist before he or she can strike. ceived substantial attention since the blood. Earlier this year, the FBI testi- We owe these front line homeland secu- September 11, 2001 attacks revealed fied that terrorist organizations are rity troops more than our admiration major problems with communication looking ‘‘for any holes in the port secu- we owe them our full financial support. between police and fire fighters at the rity system to exploit.’’ Yet in the face Yet a distinguished panel convened World Trade Center in New York. But of such risk, the administration pro- by the Council on Foreign Relations the problem is hardly unique to New poses to cut spending on port security found these first responders wanting York. Federal officials involved with grants and eliminate Operation Safe for the tools they must have to con- this issue report that at best—only 14 Commerce, an innovative program to front a terrorist attack: firefighters States have communications equip- improve the security of container traf- without their own radios or breathing ment that allows public safety agencies fic into this country. In addition, the equipment; police departments without to talk to each other during a terrorist President’s budget puts Coast Guard protective gear to respond to an attack attack or other emergency. The price fleet and equipment modernization on with a chemical, biological or radio- tag for fixing the problem nationwide a slow boat—at the administration’s logical agent; and nearly all without has been estimated as high as $18 bil- pace, the Deepwater modernization interoperable communications equip- lion, and the lead Federal official on program will take 22 years. A 22-year ment. This is unacceptable and must be this issue has stated that, at the modernization is practically an changed. present rate, it will take 20 years to oxymoron. Let’s start with the work that must achieve full interoperability in our My amendment would provide $900 be done just to undo the harmful cuts country. This is much too long. million in additional resources for port

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.101 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2633 and container security. About half of to restore those cuts and significantly known gaps in our aviation security. that would go to restore Operation expand the hospital grant program. Specifically, I would direct additional Safe Commerce and to improve phys- The health community has identified funding to developing systems to ical security at our ports. Bring port more than $11 billion in additional screen air cargo, to screen passengers security grants—at only a suggested needed medical supplies, protective for explosives, and to screen airport $46 million in the President’s budget— gear for staff and other essentials to workers with access to aircraft. to $500 million. The Coast Guard has respond to a bioterror attack. At the About a quarter of all air cargo trav- estimated it will cost $7.5 billion—and current pace, it would take more than els on passenger planes. Yet, despite all $1.5 billion this year—just to provide 20 years before hospitals could provide the added precautions we’ve developed all ports with minimum security meas- even basic care in the event of such an for air passengers and their bags, this ures and implement the Maritime attack. We must speed up this effort, cargo remains largely uninspected— Transportation Security Act. The and my amendment would help us only about 5 percent is screened. All- grants help finance measures such as begin down that road. The investments cargo jets pose a similar vulnerability. fencing and surveillance to better se- we make here will have the added ben- We must also develop effective systems cure the ports and—with them—our efit of improving our capacity to re- to screen cargo and implement short- vital trade links. Operations Safe Com- spond to naturally occurring diseases, term solutions at once. Another vul- merce has explored new technologies to such as a severe flu outbreak. nerability is explosives: current pas- track container traffic and can provide Our border officials process more senger screening only detects metallic a valuable think tank for new ap- than 440 million visits each year, and threats, such as guns or knives, not ex- proaches to secure their travel into our police more than 7,000 miles of border plosives. Yet we know this is not an ob- country. with Canada and Mexico. In the imme- scure threat—would-be terrorist Rich- The rest of the money would go to diate aftermath of 9/11, Congress recog- ard Reid was able to bring about 10 accelerating the Deepwater program, a nized we must spend more to make this ounces of explosives onto an American 22-year Coast Guard fleet moderniza- system work—to facilitate lawful visi- Airlines flight and was only stopped tion program. Since 9/11, we have tors and trade, while weeding out and from igniting them by an alert pas- turned to the Coast Guard again and halting those who pose a threat. We senger on board. There are promising again for a growing roster of homeland passed the Patriot Act and the En- technologies in this area, but we must security needs—even as we expect them hanced Border Security Act, both of spend money to develop them. Finally, to continue their outstanding work on which called for significant new border many airport workers with access to non-defense missions such as fisheries personnel. But since then we have fall- aircraft and sensitive areas of the air- enforcement and search and rescue. en short—hundreds upon hundreds port receive little scrutiny. We must do Yet this outstanding agency operates short—of meeting those targets. Indeed better. with virtually the oldest naval fleet in one of the only targets that was met— However incomplete the work on the world—39th out of 41. Senators posting 1,000 Border Patrol agents aviation security, the federal effort to from both parties—and even the Herit- along the Northern Border—was re- secure other modes of transportation age Foundation—have called for more portedly achieved only by shifting has hardly begun. According to a re- money for Deepwater. Not only is it agents from the Southern Border. This cent news report, we have intelligence the right thing to do, it will actually is not real homeland security. suggesting that al-Qaida is looking at save money in the long run since the My amendment would provide $500 derailing trains, possibly carrying haz- longer Deepwater takes to complete, million for additional border personnel, ardous material. GAO has also identi- the more the Coast Guard must spend as well as for needed equipment and fied vulnerabilities regarding rail ship- on maintenance of the decaying fleet. technology for border security. The ments of hazardous materials, as well More than 2 years after the anthrax needs are extensive and include port- as protective measures that have not attacks demonstrated our country’s able, interoperable communications yet been taken. Yet despite such con- vulnerability to bioterrorism, our ef- equipment, surveillance systems and cerns, little has been done to assess the forts to protect the American people fingerprint identification equipment. risks to our rail system or to deploy against biological attacks remains dis- As US VISIT—the entry/exit system countermeasures. Similarly, we know organized and underfunded. Indeed, a mandated by Congress—is expanded to from the deadly sarin attack on the recent report by the Trust for Public land ports, we will need expanded fa- Tokyo subway and suicide bombers on Health concluded that communities are cilities to process visitors. Total imple- Israeli buses, that mass transit pre- ‘‘only modestly better prepared’’ to re- mentation costs for the program could sents an inviting target to possible ter- spond to a bioterror attack than they reach $10 billion. rorist activity. were before 9/11. Yet here again, the ad- Border security can make a dif- The American Public Transportation ministration actually wants to cut ference. The September 11th Commis- Association has identified at least $6 spending—contradicting the opinion of sion discovered that one alert inspector billion in transit security needs, such even its own official responsible for in Miami had apparently stopped one of as video surveillance and chemical and bioterror preparedness. the would-be hijackers simply by con- biological detection systems. But DHS The President’s budget cuts $105 mil- ducting a probing interview at the air- has released only $115 million in tran- lion from Centers for Disease Control port. But we cannot expect such high sit security grants thus far, and no grants to help public health agencies performance if critical homeland de- money is set aside for this purpose in prepare for bioterrorism, and another fense workers such as these are over- the President’s budget. $39 million from a program to help hos- worked and poorly equipped. Mr. AKAKA. Mr. President, I rise pitals expand their capacity to treat We know from 9/11, and from ter- today in strong support of the amend- victims of a bioterror attack. Where rorist attacks around the world, that ment offered by my friend, the Senator bioterror is concerned, these health of- transportation networks pose a tempt- from Connecticut, Mr. LIEBERMAN, to ficials are our first responders and we ing target to would-be attackers. This address shortfalls in homeland security must give them support commensurate knowledge spurred Congress to create funding in the President’s FY05 Budget to the threat. It is true that The Presi- the Transportation Security Agency in Request. As a cosponsor, I believe this dent would provide some new money record time. Now we must give the amendment would go a long way to en- for surveillance to detect a bioterror agency the resources to fulfill its man- suring that our homeland security is attack, but this will be of limited use if date. My amendment would provide not shortchanged. we have no resources to respond to an $500 million to make further inroads on I am disappointed that the Presi- attack once we detect it. One public aviation security and expand to other dent’s budget request cuts taxes for the health official likened it to ‘‘laying off modes of transportation, which have wealthy at the expense of funding firefighters while investing in new been largely neglected thus far. homeland security programs. Our hoses and ladders.’’ Although TSA has made headway on amendment would restore $2.5 billion Therefore, my amendment would add aspects of passenger and baggage in proposed budget cuts and includes $500 million for bioterror preparedness, screening, much work remains to close an additional $7 billion to strengthen

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.103 S11PT1 S2634 CONGRESSIONAL RECORD — SENATE March 11, 2004 existing programs. It would also reduce for his leadership. I will be brief. In 2 I chair the United States-Spain the deficit by offsetting spending with minutes, one has no choice. This sub- Council every year and have developed tax cut reductions for those earning ject could and should have a long de- strong friendships with the people more than $1 million a year. bate. I understand the time con- there. I know the budget matters are Our amendment takes an important straints. gripping our attention, but I ask the step to prepare our first responders by We heard of the awful, terrible ter- managers at some point to find a few restoring $1 billion for the State Home- rorist attack in Spain. There is some minutes this evening to set aside the land Security Grant Program, which debate as to whether it is ETA, the budget and express our sense of soli- provides first responders critical fund- Basque separatist organization, or al- darity with the people of Spain, as well ing for emergency planning, training, Qaida. Now signs are beginning to as our great sense of loss of what oc- and equipment. point to al-Qaida. I am getting asked curred. It is in connection directly to This program is crucial for all by my people whether this could hap- what my colleagues are offering on this States, especially States like Hawaii pen in New York, Chicago, Los Ange- amendment on homeland security, with smaller populations, since a por- les, or anywhere else? The obvious an- which I support. tion of this funding is evenly distrib- swer is yes. I hope we might express our unani- uted among all States. We are not close to doing what we mous support for the people in Spain. Our amendment also takes important should be doing on homeland security. Mr. CONRAD. Mr. President, the steps to ensure that homeland security We are not helping our first responders, Senator makes a very good point. I funding is allocated where it is needed who are desperate for more help in think I speak for everybody when I say most. It provides $1 billion in much terms of their patrols and the equip- our hearts and minds are with the peo- needed funding to address first re- ment. They have cut out money for ple of Spain after the terrible tragedy sponder shortfalls for interoperable interoperability of radio, which we in they suffered. We will seek to find a communications equipment and $600 New York City learned was so impor- way to express our condolences to the million for hospitals and public health tant on 9/11. people of Spain before we complete our agencies to respond to emergencies. In port security, we are wide open work before the break. I thank the I am equally disappointed that the and we are doing very little. Truck se- Senator for bringing that matter to President’s budget request fails to ad- curity—what if they use bombs in our attention. dress the serious funding gaps for port trucks to blow up buildings, or railroad The PRESIDING OFFICER. The Sen- security. In fact, the American Asso- stations, or whatever else? Brazil is ator from Oklahoma. ciation of Port Authorities has ex- Mr. NICKLES. Mr. President, we are way ahead of us on truck security, I pressed great concern that the Presi- continuing the assault on taxpayers. hate to say. The northern border is dent’s FY05 budget contains no Federal Next, in the not too distant future, we still wide open and empty. Our immi- funds to meet port security require- are going to be voting on a lot of tax gration lists don’t match up with our ments. increases. This would increase taxes by The amendment takes important FBI lists, which is allowing terrorists $13.7 billion and increase spending by steps to secure our ports and our econ- to slip into this country. $6.8 billion. That is a 40-percent in- None of this is lack of technology. omy by providing $1 billion for port crease. We fully funded the President’s This is all lack of dollars. This budget and container security and Coast request of a 15-percent increase but, ob- Guard modernization. This funding is talks tough on homeland security, but viously, that is not enough for some in- critical to Hawaii, where 98 percent of it doesn’t do the job. The terrible trag- dividuals. imported goods are transported by sea. edy in Spain today should remind us I will now yield management of this This is not just a matter of security for we are just as wide open and vulner- amendment to Senator COLLINS. Hawaii or coastal States, but the secu- able, but we don’t have to be. The PRESIDING OFFICER. The Sen- rity of our Nation. I salute my colleague from Con- ator from Maine is recognized. According to a Council on Foreign necticut on his amendment because it Ms. COLLINS. Mr. President, it is Relations Homeland Security Task is so needed, so desperately needed. We with great reluctance that I rise to op- Force report entitled, ‘‘America—Still are doing everything we can to fight pose the amendment offered by the Unprepared, Still in Danger,’’ if our the war on terror overseas. I have been Senator from Connecticut. The Senator Nation’s ports suffered a weapons of supportive of that war. But the bottom from Connecticut serves as the ranking mass destruction attack, ‘‘the response line is that we are not doing close to member on the Committee on Govern- right now would be to shut the [entire] enough at home to protect us. Money mental Affairs, which I am privileged system down at an enormous cost to will help. If there was ever a consensus to chair. the economies of the United States and where we need more dollars, it is here. We have worked very hard together its trade partners.’’ The Task Force re- We are not doing it. on the issue of homeland security and port estimates that if American ports I hope this Senate, in a bipartisan have held many hearings during the were to be closed to containerized way, will rise to the occasion and sup- past year to evaluate the progress that cargo for longer than three to four port the amendment my friend has of- the new Department is making. But I weeks, global shipping container trade fered and of which I am proud to be a believe the Senator’s amendment is ill would grind to a halt. cosponsor. advised. Our amendment also includes $500 The PRESIDING OFFICER. All time I strongly support increased funding million for aviation security, which has expired on the amendment. to help secure our communities, but we would provide for systems to screen air Mr. LIEBERMAN. Mr. President, I must target those additional resources cargo and passengers for explosives. wonder if I might ask for an additional to programs that address our greatest This is an important step towards en- minute of my colleague from Con- vulnerabilities, from our ports to our suring adequate funding for security necticut who has a related matter. borders to even our farms. We must devices needed to detect dangerous ma- Mr. CONRAD. How much time does also make sure each and every State terial and to prevent a potential crisis. the Senator need? builds and maintains a baseline level of We must ensure that our homeland Mr. DODD. One minute. homeland security preparedness and re- security is not shortchanged. This is Mr. CONRAD. I will give a minute off sponse capability. why I urge my colleagues to support the resolution to the Senator. The amendment of the Senator from this amendment. Mr. DODD. Mr. President, I heard my Connecticut would increase funding for Mr. LIEBERMAN. At this time, I colleague mention the tragedy that oc- many State and local homeland secu- yield 2 minutes of the time I have al- curred in Spain, with the tremendous rity programs by more than $7 billion lowed to the Senator from New York loss of life there as a result of a ter- over the President’s budget request. for his statement. rorist attack, and we don’t know That is simply not responsible in this The PRESIDING OFFICER. The Sen- whether it was ETA or another organi- fiscal climate. ator from New York is recognized. zation. I inform my colleagues that we I also fear if we pour that amount of Mr. SCHUMER. Mr. President, I drafted a resolution expressing our additional money into the system, it thank my colleague from Connecticut sense of outrage over these events. will not be well and carefully spent.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.105 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2635 Many of us met this past week with sponsible recommendation to the Sen- our constitutional responsibilities to municipal officials from our home ate on this subject. provide for the common defense and to States. I heard from my municipal offi- I support the Budget Committee’s ensure domestic tranquility. cials in Maine that they are spending conclusions and their recommenda- This ought to be nonpartisan because the homeland security money that we tions. It is always easy to say we can it is like national security. We always are giving them very wisely to improve use more money, we can add more used to say partisanship stopped at the their training, to perform joint exer- money for every good-sounding pro- Nation’s borders. Since our enemies cises, and to purchase new equipment. gram in Government, and this is cer- have attacked us within our borders, Since September 11, according to tainly one that is very important. when it comes to homeland security, Secretary of Homeland Security Ridge, None is more important than our na- we ought to be joining across party Congress has appropriated some $13 bil- tional security and homeland security. lines to do what is right to protect our lion in homeland security assistance But we do have the funds that we need, people. for first responders, States, localities, that we can spend in an efficient way I thank the Chair. I thank the Senate and other entities. This year, the and in a responsive way to the threats Budget chairman and ranking member. President will allocate an additional $3 that exist to try to help us do a better I ask that when the vote is taken, it be billion through the Office of Domestic job of protecting the homeland. done by the yeas and nays. Preparedness for many of these pro- The President has given strong lead- The PRESIDING OFFICER. Is there a grams. ership on this issue. The Congress has sufficient second? I do believe we need to provide addi- responded in a very generous way, both There appears to be a sufficient sec- tional funding in some areas—port se- bodies of Congress working together to ond. curity, for example, and the basic accommodate the needs we have in The yeas and nays were ordered. homeland security grant program—to these areas. Mr. LIEBERMAN. I yield the floor. continue to build that baseline capac- I hope we can support the Budget The PRESIDING OFFICER. Who ity and also to address one of our big- Committee chairman and reject this yields time? gest vulnerabilities, and that is the amendment. Mr. CONRAD. Mr. President, how vulnerability of our seaports. But I be- The PRESIDING OFFICER. Who much time does the Senator from Mas- lieve Senator LIEBERMAN’s amendment yields time? sachusetts need? does not target resources in the most Mr. CONRAD. Mr. President, is the Mr. KENNEDY. I think my colleague effective manner. Senator from Connecticut seeking ad- and cosponsor, the Senator from Con- Let me give a couple of examples. ditional time for wrap-up? necticut, wants 4 minutes. I will take 5 The Lieberman amendment provides Mr. LIEBERMAN. Mr. President, I minutes. $600 million for new biosecurity spend- thank my friend, the ranking member Mr. CONRAD. I will be happy to yield ing. The administration’s budget also of the Budget Committee. I will take 3 5 minutes off the resolution to the Sen- includes more than $100 million for a additional minutes. ator from Massachusetts and 4 minutes new biosurveillance initiative and Mr. CONRAD. I yield 3 minutes off to the Senator from Connecticut off makes more than $2.5 billion available the resolution to the Senator from the resolution as well. in fiscal year 2005 for bioshield. I sim- Connecticut. The PRESIDING OFFICER. The Sen- ply do not believe the additional fund- The PRESIDING OFFICER. The Sen- ator from Massachusetts. ing that is contained in Senator ator from Connecticut. AMENDMENT NO. 2725 LIEBERMAN’s amendment is required, Mr. LIEBERMAN. Mr. President, I Mr. KENNEDY. I thank the Chair. given the substantial investment the appreciate my good friend and col- Mr. President, I offer this amendment President’s budget already makes in league from Maine. She said ‘‘reluc- on behalf of myself, Senator DODD, biosecurity. tantly’’ opposed the amendment, but Senator CLINTON, Senator CORZINE, Again, I hope to be offering either a opposed it nonetheless, and the Sen- Senator STABENOW, Senator LAUTEN- joint or my own version of a homeland ator from Mississippi. My own feeling BERG, Senator SCHUMER, Senator REED, security amendment later in the budg- about this is, just as I have fully sup- Senator MIKULSKI, Senator KOHL, Sen- et debate. I believe the proposal I will ported funding for the war on terrorism ator LINCOLN, Senator LEVIN, Senator be putting forward better balances the abroad—and it has been a considerable LIEBERMAN, Senator REID, Senator need for fiscal restraint as we work to amount of money. We had a tremen- BINGAMAN, Senator DURBIN, Senator improve the security of our homeland. dous debate and controversy around MURRAY, and Senator PRYOR. I urge that the Lieberman amend- the $87 billion supplemental last year, This amendment is about education. ment be rejected. and we will have another supplemental It is about higher education. It is about The PRESIDING OFFICER. The Sen- this year, but at least $50 billion for the children whose family average in- ator from Mississippi. the war on terrorism, critically nec- come is $15,000 a year. It is about 4.8 Mr. COCHRAN. Mr. President, fur- essary to our security, for the advance- million children in this country who ther responding to the amendment, I ment of our values, and to our freedom. receive Pell grants—young people, gift- urge Senators to reject the amend- In the same way, $6.8 billion, less than ed, talented, bright, smart, who come ment. The administration has re- we will give to the international war from families with limited incomes and quested substantial increases in fund- against terrorism, is critical for the cannot survive even with the Pell ing for homeland security. Although it homeland side of the war against ter- grants, unless they get additional help is a new Department, the Department rorism, to raise our defenses, to protect because of the increase in the cost of of Homeland Security was funded at a our people. tuition over the last 3 years. very generous level, about $30 billion of As I said at the outset, we have made Over the last 3 years, the tuitions in funding, during the current fiscal year. real progress in the last year as a re- our public schools have increased from States and localities are submitting sult of the work that the Department $3,700 to $4,700. That is a 26-percent in- plans to the Office for Domestic Pre- of Homeland Security has done, but I crease. Currently, the Pell grants are paredness on their priorities in terms do not think anybody—including the $4,050. This would raise it to $5,000. Al- of equipping and training first respond- folks over there—believe we have done most 500,000 more low-income students ers and equipping the States to mod- enough to secure the safety of our peo- will receive Pell grants. The average ernize their emergency management ple. Pell grant will increase by $600. Not ev- agencies. A tremendous amount of We provide for funding. It is a deficit eryone will go up to the full $5,100, I money is being spent this year, and a reduction amendment, a $6.8 billion should say, but the average grant will request is made for even more money deficit reduction, paid for by the now go up $600 and the maximum Pell grant next year. familiar tax cut for millionaires. It is will increase by $1,050. This effective The Budget Committee has analyzed fiscally responsible. increase in the Pell grant offsets the the needs and the ways these funds can Can we afford it? I say we can’t af- explosion that has taken place with be utilized and has come up with a very ford not to afford it. This is today’s tuitions across this country paid for by thoughtful and, in my judgment, re- primary way in which we are fulfilling the $10 billion—$5 billion for the cost of

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.108 S11PT1 S2636 CONGRESSIONAL RECORD — SENATE March 11, 2004 Pell grants and $5 billion for deficit re- point some billion dollars under Presi- ing taxes 1 year to pay for the spending duction from the top limits. dent Clinton’s last year to all the way 1 year. There is no way in the world if If we are talking about priorities in now up to $12.5 billion. So there have the taxes and spending are increased by this country, we are talking about not been dramatic increases in Pell grants. $4.9 billion in 1 year that is not going leaving children behind. Middle-in- In the year 2001, it was $8.7 billion. In to be continued or to be assumed. So I come, working families are having a our budget it is right at $13 billion. mention, yes, that tax increase would difficult time on health care, edu- That is a significant increase. be extended year after year and so cation, and employment. This makes If this amendment was adopted, Pell would the spending increase. sure about one-quarter of all of the grants would increase from 2004 to 2005 I want to warn taxpayers, there are a children who are attending higher edu- by 48.2 percent. We have had a lot of lot of amendments out here. We are cation come from families of $15,000 or amendments. We had one just a mo- going to start voting on these amend- below, 4.8 million. This amendment is ment ago dealing with homeland secu- ments momentarily. My colleague going to make sure some of the most rity offered by my very dear friend from North Dakota has been urging gifted, talented young people in this whom I respect greatly, Senator me, let’s get the votes started. I would country are going to be able to con- LIEBERMAN, that would have increased like to advise our colleagues momen- tinue their education. the homeland security function by 40 tarily we are going to start a long list I remind my colleagues of President percent. This increases Pell grants by of rollcall votes. I want to advise tax- Bush’s statement he made when he was 48.2 percent between 2004 and 2005. payers to look out because almost running for President of the United Mr. KENNEDY. Will the Senator every one of these votes will raise your States in Hampton, NH, in the year yield on that point? taxes. 2000: It is known for a fact that Pell Mr. NICKLES. Yes. I will tell the spenders of the world, grant aid significantly affects the abil- Mr. KENNEDY. How can you possibly almost every one of these will increase ity of a child to attend college or stay figure that when now it is $4,050 and spending. We will have a chance to in college. A child eligible for a Pell the average Pell increase was $600, that vote. grant will be affected by the size of the is 48 percent? I see my colleague from Oklahoma is Pell grant. I am going to ask Congress Mr. NICKLES. Well, because that is in the Chamber and I reserved some to bolster the first-year aid—at that what my staff told me, and if I am in- time for him to speak on the Lauten- time from $3,300—to $5,100 per recipient correct, I will be happy to revise and berg amendment. I do want to let our of the Pell grant. edit my remarks. Again, I wish Senator colleagues know momentarily we are This is what President Bush prom- GREGG was doing this. going to begin a series of rollcall votes ised. The year was 2000. We have an op- My staff informs me it would in- and it is very much my intention to portunity now in 2004 to fulfill this crease from $4,050 to $5,100 under the run them very hard. We will have 15 promise. The need has never been Senator’s amendment, and that would minutes on the first one. I hope not greater. This is a defining issue, wheth- increase the cost by 48.2 percent. It is much more. On subsequent votes, we er this institution is committed to the not just the maximum amount of the are going to hold them to as close to 10 cause of higher education and edu- award. The maximum amount of the minutes as the managers can. If Sen- cational opportunity. Everyone in this award would be going up some 20-odd ators miss votes, they miss votes. Most body understands education is the key percent, but there are a lot of awards, of these votes are going to become to opportunity for our future. It is the not just at that amount but also at pretty obvious how they are going to key to our economy. It is the key to other amounts. be determined before too long. Hope- our national security. It is a key to our That is a very significant increase, 48 fully we will not waste too many hours democracy. It is in our national inter- percent in 1 year. Funding has gone up in the process. est, our national defense, and our na- dramatically in this program, as I just The PRESIDING OFFICER (Mr. tional economic interest. Most of all, it mentioned. When there is an increase CORNYN). The Senator from North Da- is an issue of fairness, decency, and na- from $8.7 billion under our resolution kota. tional priority to have an increase in to $13 billion—and looking at the Sen- Mr. CONRAD. Mr. President, I join the Pell grants. I hope the Senate will ator’s amendment it would increase the chairman in saying we need to accept this proposal I offer on behalf of that amount from $13 billion an addi- move to votes as quickly as possible myself and my colleagues. tional $4.9 billion. and we need to be disciplined in how The PRESIDING OFFICER. Who The PRESIDING OFFICER. All time much time we spend on those votes. I yields time? The Senator from Okla- on the amendment has expired. think it is in the interest of all of us to homa. Mr. NICKLES. I yield myself an addi- proceed expeditiously. Mr. NICKLES. Mr. President, I thank tional 5 minutes. I do not share the chairman’s charac- my colleague from Massachusetts. He The PRESIDING OFFICER. The Sen- terization of these amendments. These is my very good friend. He did not get ator has that right. amendments, in a limited number of as excited today as yesterday. I do not Mr. NICKLES. The Senator could add high-priority areas, are doing two know if that is good or bad. $4.9 billion because it says it would in- things. They are adding resources but Mr. KENNEDY. Does the Senator crease spending by $4.9 billion for 2005. paying for them, and not only paying want to give me 3 more minutes? If we add that to $13 billion, that is for them but in addition providing def- Mr. NICKLES. I think it is good. I taking a $13 billion program to an $18 icit reduction. Remember, the budget think it is good. billion program. My very able staff did resolution before us will add nearly $3 My colleague from New Hampshire is very good work. I think that is 48 per- trillion to the national debt over just not in the Chamber yet, but hopefully cent. the next 5 years. So the amendments he will be here. Again there has to be some kind of on our side to restore some of the cuts I will make a couple of comments. limit. I happen to like the idea of doing in funding to the COPS Program to put One, we have assumed in the budget a some good things in Pell grants. We police on the street, to restore funding significant increase for Pell grants al- have assumed a 7.4-percent increase, al- for the firefighters who are the ones we ready. This is another one of these most $1 billion increase for Pell grants expect to respond to any bioterror things that no matter what we put in, in 1 year. My colleague and friend from threat, to provide a program to expand there is going to be an amendment to Massachusetts wants to multiply that job opportunities in this country, to increase it. I understand that. I recog- times five. I do not think we can afford provide expansion of health care oppor- nize that. The history is this Congress, that. tunities for people in our country— and frankly in the last few years since His amendment also says, well, we each one of these amendments is com- Senator GREGG has been chairman and want to raise taxes to do it and would pletely paid for. ARLEN SPECTER has been chairman and raise taxes by $9.8 billion. I also want In addition to that, we have provided George Bush has been President, the to say this is kind of clever, but it does for deficit reduction so at the end of amount for Pell grants has risen and not sell. Many of our colleagues’ the day our Nation is burdened with risen dramatically, from about six amendments say we are only increas- less deficits and less debt.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.111 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2637 In our amendments we have turned What I hear my colleague saying is less of a tax cut than they might other- in some cases to closing egregious tax the total amounts are going up. What wise be getting. loopholes, tax scams that are unfair to has not gone up is the amount of I urge the adoption of the Kennedy all taxpayers of our country. Others of money we provide to each student. Be- amendment. our amendments are paid for by turn- cause of a declining economy—and we The PRESIDING OFFICER. The Sen- ing to those privileged few who earn are talking about families here with in- ator from Oklahoma. over $1 million a year and we have comes of $15,000 a year or less who Mr. NICKLES. Mr. President, Sen- asked them to just slightly reduce qualify for Pell grants—we have seen a ator KENNEDY was questioning my their tax cuts. Remember, in 2005 the growing number of families and a grow- math. He said where did I get this an- cost of the tax cuts going to those who ing number of students who want to go swer that it increased by 48 percent. I earn over $1 million a year, the cost of on and get a higher education. said I got it from my staff. Now I did it In 1975, Pell grants paid for some- their tax cuts for that 1 year alone will myself. I regret to inform my good col- where around 80 percent of a college be $27 billion. For those who earn over league from Massachusetts, but my education. That is a generation ago. $337,000 a year, the top 1 percent, the staff was right. It just so happens when Today, I don’t need to remind people total cost of their tax cuts for that 1 you add $4.9 billion that is called for by who may be listening to this discus- year is $45 billion. his amendment to the $12.9 billion we We don’t think it is unreasonable to sion, $5,000, even at a public institu- have in our resolution, that totals $17.8 take a tiny fraction of those tax cuts tion, doesn’t necessarily cover even 50 billion. Last year we spent $12 billion. and use them to improve the education percent of the cost of a higher edu- That is a 48.2 percent increase. Actu- of our children, to restore the cuts that cation. Nevermind, the cost at private ally, I calculated it at 48.3 percent. have been made to the COPS Program institutions. In fact, at public colleges That is an increase in 1 year. that has put 150,000 police on the and universities, tuition has gone up street, to slightly reduce the tax cuts some 26 percent since President Bush Pell grants, as I showed by the chart, of those earning over $1 million a year took office and 77 percent of all stu- have already risen dramatically. They to restore the cuts to firefighters or to dents attend public institutions. This have grown by 47.3 percent since 2001. expand health care coverage in this Pell increase, up to a little more than Senator KENNEDY’s amendment would country when we have over 40 million $5,000, really will help students and have it grow by more than that in 1 people who do not have health care their families, students who want to year. That is not affordable. That is coverage, or to slightly increase Pell get an education and want to con- not sustainable, not if you believe in grants so we are providing expanded tribute to the wealth of this Nation. deficit reduction. educational opportunities in a way We now know, in the coming years, I have heard so many people make that will make our country more com- in the next 10 years, 80 percent of the 23 speeches about deficit reduction and be petitive in this global economic envi- million new jobs we hope are going to critical of our President, but that is ronment. be created will require that a person not the way people are voting. They We think those are the priorities of applying for them have more than a are voting for more spending, and then the American people, to reduce these high school education—80 percent of this hypothetical we are going to raise deficits, to reduce this buildup of debt, the 23 million jobs. What are we doing somebody else’s taxes. I don’t think and to restore the cuts in certain high- in this year, this year, to prepare those you can have programs grow at 48 per- priority areas: law enforcement, police students so they can acquire the skills cent. Senator LIEBERMAN had an on the street, firefighters, education necessary to get the jobs that will re- amendment that would grow homeland for our kids. Those are the priorities of quire that someone have additional security by 40 percent. I don’t think the American people. Those are the pri- education beyond high school? you can have that kind of growth rate orities of American families. We of- We are asking today, in this amend- in expenditures and ever say you are fered those amendments on our side. ment, that the most wealthy in our so- serious about deficit reduction. Mr. President, I yield the floor to the ciety take a little less of the tax cut During the debate on the Lautenberg Senator from Connecticut, if he is President Bush has offered them in amendment, I said I wanted to refer to seeking time? order to pay to see to it that more and my colleague who happens to be chair- Mr. DODD. I thought I had 4 or 5 more Black and Hispanic children in man of the committee, the authorizing minutes. this country, those who primarily fall committee that overseas Superfund, Mr. CONRAD. The Senator had been into Pell income categories, can get for his comments in relationship to the previously yielded 4 minutes off the Pell grants to go on and get an edu- Lautenberg amendment. resolution. cation. I notify our colleagues it is my ex- Mr. DODD. I will maybe take less I don’t know of many affluent people pectation that we will begin a series of than that. I associate myself with the who would disagree with this request. rollcall votes in the very near future. comments of Senator KENNEDY and The very beneficiaries of the tax cut, I I yield my colleague from Oklahoma Senator CONRAD in this debate. suspect, if you polled them, would say, such time as he desires. It was 200 years ago this year that I’ll take less of a tax cut if in fact you Thomas Jefferson said that any nation put those resources to seeing to it that Mr. CONRAD. Will the Senator with- that ever expects to be ignorant and people who come from the poorest fam- hold? free expects what never was and never ilies in our society, who have the intel- AMENDMENT NO. 2725 possibly can be. ligence and ability to go on and get an Mr. CONRAD. Mr. President, I send That was at the outset of the 19th education, will qualify for an addi- an amendment to the desk on behalf of century. Here we are, gathered in this tional amount of money under the Pell Senator KENNEDY. great Chamber at the outset of the 21st grants. The PRESIDING OFFICER. Without century and we are arguing whether we That is what the Senator from Mas- objection, the pending amendment will can afford to give those who are the sachusetts is asking. We ought to be be set aside, and the clerk will report. wealthiest in our society a little bit supporting that on a bipartisan basis. I The assistant legislative clerk read less of a tax cut than they otherwise can’t imagine, as we talk about job cre- as follows: might be getting in order to see to it ation and talk about this Nation re- that a significant majority of our maining No. 1 in the 21st century, that The Senator from North Dakota [Mr. young people get the opportunity of a we want to shortchange the ability of CONRAD], for Mr. KENNEDY, proposes an amendment numbered 2725. higher education which they are being qualified young people to go on to denied, not because they lack the drive higher education. Pell grants make a Mr. CONRAD. Mr. President, I ask or determination or absolute desire to huge difference. We are unfortunately unanimous consent that reading of the acquire the skills necessary to improve depriving these kids of the necessary amendment be dispensed with. the quality of their lives and the lives dollars they need, and all because we The PRESIDING OFFICER. Without of all of us in this country but because are not asking the most affluent 1 per- objection, it is so ordered. they lack the means. cent income earners to take a little bit The amendment is as follows:

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.114 S11PT1 S2638 CONGRESSIONAL RECORD — SENATE March 11, 2004 (Purpose: To create a reserve fund to finance Mr. NICKLES. Mr. President, I yield essarily true. What you are going to do an increase in the maximum Pell Grant to my colleague from Oklahoma such is drive a lot of people out of business that keeps pace with the rate of increase in time as desires. who are already overtaxed. public college tuition, extend Pell Grants The PRESIDING OFFICER. The Sen- I think if I could single out one argu- to 500,000 new recipients, and lower the na- ment I find the most offensive—and I tional debt by closing tax loopholes) ator from Oklahoma. AMENDMENT NO. 2703 hear it as chairman of the Environ- On page 3, line 9, increase the amount by ment and Public Works Committee $2,352,000,000. Mr. INHOFE. Mr. President, I com- On page 3, line 10, increase the amount by pliment the senior Senator from Okla- over and over and over—every time we $7,253,000,000. homa. He is doing a great job in han- have a committee hearing, they talk On page 3, line 11, increase the amount by dling this most difficult issue. about ‘‘polluter pay.’’ Polluters are $196,000,000. We go through this every year, and I paying today. That is the whole con- On page 3, line 17, increase the amount by believe we are going to finally get cept. When a polluter pollutes, that $2,352,000,000. polluter pays. On page 3, line 18, increase the amount by something done tonight. I certainly hope we will and that we will have In fact, historically, PRPs—poten- $7,253,000,000. tially responsible parties—since Super- On page 3, line 19, increase the amount by what we all will be proud of. $196,000,000. I can’t help but comment. I happened fund started, the average of all clean- On page 4, line 20, increase the amount by to come in when my friend, the Sen- ups has been 70 percent in the average $2,352,000,000. ator from Connecticut, was leaving the year of those cleanups which are On page 4, line 21, increase the amount by Chamber. It seems as if the argument cleaned up by industries that have pol- $7,253,000,000. you hear from the liberal side of this luted. On page 4, line 22, increase the amount by This is interesting because in 2003, $196,000,000. body is the fact that all of this came about as a result of the tax cuts of this that 70 percent jumped to 80 percent. On page 5, line 3, decrease the amount by In other words, all but 13 percent of administration. I feel compelled to re- $2,352,000,000. the cleanups took place and were paid On page 5, line 4, decrease the amount by mind this body of the history of these for by the polluters. $9,606,000,000. tax cuts. It was not a Republican idea. On page 5, line 5, decrease the amount by The antijobs and the protax sup- Ironically, one of the truly great Dem- porters also ignore the fact that the $9,802,000,000. ocrat Presidents of this country, John On page 5, line 6, decrease the amount by Superfund tax, on its face, is unfair. It $9,802,000,000. Kennedy, was the guy who came up has nothing to do with taxing compa- On page 5, line 7, decrease the amount by with the concept. He said—and this is nies and industries that pollute. If an $9,802,000,000. an exact quote— industry falls into a certain category— On page 5, line 11, decrease the amount by We need more revenues to run these pro- say you are going to have your taxes go $2,352,000,000. grams that we have and the best way to in- up. It has nothing to do with whether On page 5, line 12, decrease the amount by crease revenues is to reduce marginal rates. $9,606,000,000. or not they have ever polluted. In fact, On page 5, line 13, decrease the amount by That was back in the 1960s, and it oil and petroleum companies have paid $9,802,000,000. worked. more than 50 percent of the Superfund On page 5, line 14, decrease the amount by There is a recognition of the problem taxes but were responsible for less than $9,802,000,000. we have right now. This administration 10 percent of the liability on Superfund On page 5, line 15, decrease the amount by inherited a recession, and they are sites. $9,802,000,000. coming out of it by having the very tax That is historically accurate. I would At the end of Title III, insert the following: reductions to add to the amount of rev- defy anyone to challenge it. As a re- SEC. . RESERVE FUND FOR THE PELL GRANT enues coming in. This is going to work. PROGRAM. sult, this is an especially unfair tax to The Chairman of the Committee on the It is working today. If you do not think American families who have to pay Budget of the Senate shall revise the aggre- it does, let us remember what happened more at the pump. gates, functional totals, allocations to the back in the 1980s. Furthermore, Superfund tax sup- Committee on Appropriations of the Senate, In the 1980s, the total amount of porters argue that cleanups have discretionary spending limits, and other ap- money that was raised from marginal slowed down as a result of the amount propriate levels and limits in this resolution rates was $244 billion. In the 1990s, it of money lost from the trust fund. by up to $4,900,000,000 in budget authority for was $466 billion. That was the 10-year That isn’t true at all. In fact, we had fiscal year 2005, and by the amount of out- period of the largest tax reductions on testimony in our hearings this last lays flowing therefrom in 2005 and subse- marginal rates in the history of Amer- quent years, for a bill, joint resolution, mo- week that there is not a correlation be- tion, amendment, or conference report that ica. It had the result of increasing—not tween the amount of money in the provides additional fiscal year 2005 discre- decreasing—the amount of revenue. Superfund reserve and the amount of tionary appropriations, in excess of levels The formula used was for each 1-per- cleanup. provided in this resolution, for the Pell cent increase in economic activity, it In 1996, the tax fund was at its high- Grant program. creates $46 billion of new revenues. est level. Yet the amount spent by the PROVIDING FOR A CONDITIONAL ADJOURNMENT John F. Kennedy knew that, Ronald Clinton administration in 1996 for OR RECESS OF THE SENATE Reagan knew that, and we ought to Superfund cleanup was at a 10-year Mr. NICKLES. Mr. President, I ask know that today, but we ignore his- low. unanimous consent that the Senate tory. This year’s Superfund budget request proceed to the consideration of the ad- Now my friend from New Jersey, Sen- is around $1.4 billion. But wait a journment resolution which is at the ator LAUTENBERG, is coming up with minute. Let us look at what they are desk. I further ask unanimous consent another one of his favorite tax in- proposing. that the concurrent resolution be creases. I have never seen a tax in- In this amendment, they propose an agreed to and the motion to reconsider crease he didn’t like. But this seems to $8.5 billion tax increase. This is the be laid upon the table. be one of his favorite ones. same thing we went through, by the The PRESIDING OFFICER. Without We are going to have a big tax in- way, last year. There has never been a objection, it is so ordered. crease to vote on in just a few minutes. correlation between the amount of The concurrent resolution (S. Con. It is called the Superfund tax. money raised by a tax and the amount Res. 98) was agreed to, as follows: There is a lot of doubletalk. On the of money that has been spent. Resolved by the Senate (the House of Rep- one hand, they blame the administra- For those who are responsible for resentatives concurring), That when the Sen- tion for U.S. job loss and lack of com- contamination, they are already being ate recesses or adjourns at the close of busi- petitiveness. At the same time, they held liable for cleanup costs under ness on Thursday, March 11, or Friday, want to impose a tax that expired in Superfund. No one is getting let off the March 12, or Saturday, March 13, or Sunday, hook, and I will challenge right now March 14, 2004, on a motion offered pursuant 1995 on some of the most fragile indus- to this concurrent resolution by its Majority tries that are not going to make it. the other side to name one viable pol- Leader or his designee, it stand recessed or People say reinstating the Superfund luter who is not being held accountable adjourned until Monday, March 22, 2004, at 12 tax will be a deficit-reduction-reducing for the Superfund contamination they noon. measure. I am not sure that is nec- caused.

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.015 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2639 Here we are again with the same We need not stop there, however. plied programs and eventually fielded amendment. We have had it several Last year, we further increased it to systems. times before. Senator LAUTENBERG $27.9 billion. This means we have spent Put another way, basic research is danced this thing out again. We beat it $145.9 billion in the last 7 years on the the engine that makes our national de- the last time 57 to 43. I will be down National Institutes of Health—a 109- fense, homeland security, and eco- here to remind people how they voted percent increase. This year we are nomic superiority possible. before. They will forget. planning on further increasing the However, basic scientific research is I honestly believe the only issue here budget of NIH to $28.7 billion. not funded in a single place as with is if you want to increase taxes on the I join the President in supporting the medical research at NIH. American people by $8.5 billion in one work the NIH has done and continues The correlative type research to NIH vote, this is your opportunity to do it. to do. But I am somewhat chagrined is something we call in America basic I yield the floor. when I see the current brochures and research—physics, computer science, Mr. CONRAD. Mr. President, we are documents of the NIH complaining chemistry, engineering, et cetera. We very close now to starting to vote. about the fact this President, who have no central focus point for that in Again, I ask our colleagues who have funded them at the highest increased America. I am not sure we should or amendments in the queue to come so levels in their history, who this year should not. It is just a fact. that they could make their final argu- says we can only afford inflation—in- In 2004, the sum total of expenditures ment before the vote with 1 minute to stead of saying, the President who sup- for that was $11 billion, and that in- each side. I think that would be reason- ported us the most says we cannot cluded the Veterans’ Administration— able. keep on with that kind of increase, we assume some of what they do is Mr. NICKLES. Mr. President, I sug- they end up critical that this year he science—Interior, EPA, NASA, DOE. gest the absence of a quorum. did not increase their funding as much This is compared to $8.8 billion for The PRESIDING OFFICER. The as he did in the past, saying: We must these programs in 1998. clerk will call the roll. have more. He is not funding us In the same period of time these pro- The assistant legislative clerk pro- enough. grams have increased 35 percent, while ceeded to call the roll. I tell you, when I read that, it is a NIH increased by over 100 percent. I do Mr. NICKLES. Mr. President, I ask good thing they are not down here ask- not think America can continue to unanimous consent that the order for ing for more money, as far as this Sen- dominate the world, invent the prod- the quorum call be rescinded. ator is concerned, because I would be ucts, maintain our standard of living The PRESIDING OFFICER. Without on the side of saying: Enough is with that kind of disparity for too objection, it is so ordered. enough. much longer. The time has come to Mr. NICKLES. Mr. President, I appre- In fact, I would like to give you a spend money on basic research, just as ciate everyone’s patience. For the in- couple other thoughts about how im- we have on medical research. formation of our colleagues, we are pressive their work has been. It is important to note much of our going to have a series of votes starting The human genome project—for scientific research is done at our uni- momentarily. those who do not understand or re- versities. They have plenty of research I am going to yield to my colleague member, that project is the genome in medical science and medical science and former chairman of the Budget project, spelled: G-E-N-O-M-E. Not too problems. But I guarantee you, Mr. Committee for a few moments. I notify long ago, the human genome was com- President and fellow Senators, they are our colleagues we expect several votes pleted, in terms of mapping it, much very short on research for the basic to begin momentarily. We are trying to ahead of schedule. The completion of sciences. warn everybody, we would like every- this work was only the beginning. The Presiding Officer comes from a body to be prompt and we would like More than 300 genes for human dis- State that has great wealth. They de- for everybody to stay on the floor. eases, from cancer to deafness to birth vote great quantities of that wealth to Mr. President, I yield to my col- defects, have already been identified. It their schools, and then say: Spend it on league from New Mexico such time as means in the past we would spend science. Go look at the University of he desires. years of research at maybe three major Texas and a few other of your univer- The PRESIDING OFFICER. The Sen- institutions to locate a gene for diabe- sities and see where you put your ator from New Mexico. tes. The mapping of the human genome money. You put it there. But America Mr. DOMENICI. I thank the chair- says we are in the process of mapping does not put it there across the board. man. every genetic point of every major dis- I put this statement in comparing Mr. President, I rise to speak for 2 ease in the human body at every loca- the two only because to keep them at minutes on the fiscal year 2005 budget tion. We will know where they are. such a disparate level of a 100-percent resolution currently pending before the Then let’s hope the great scientists in increase in 10 years in one and 30-some Senate. In particular, I want to focus the future will begin to cure those in- percent in the other is not going to for just a little bit on the budgets for curable diseases. keep America great. scientific research. The NIH is doing amazing work in de- I am hopeful when we finish with this The funding for the National Insti- veloping techniques to detect, diag- resolution, we will get on to thinking a tutes of Health should be my starting nose, and treat many of the most dev- little bit about where we are going the point. In the omnibus bill of 2003, astating diseases humans face, such as next decade, and maybe we should thanks in large part to the leadership cancer, diabetes, and Alzheimer’s dis- start a resolution saying basic science of President Bush, we met our commit- ease. ought to be increased over the next ment; that is, in 2003, we met our com- I hope that we can continue to fund decade in a substantial way, maybe mitment to double the funding for NIH. this important agency at these record even as we did with the National Insti- Senator NICKLES remembers that levels. tutes of Health. I only wish I could see clearly, that a couple of Senators I am concerned, though, that we have the way clear to find the money. I started and everybody followed, and a collectively failed to be as aggressive would be here offering that resolution resolution was adopted that said—it when it comes to funding basic sci- right now. was incredible to many of us, but we entific research in other agencies. Our future is just as certainly tied to did it—let’s double the NIH. President Basic research is defined as system- our basic science moving up into a par- Bush helped us, and we did that. atic study directed toward greater ity position with wellness research. Allow me to explain these numbers. knowledge or understanding of the fun- Eventually wellness research will come In 1998, we spent $13.7 billion on the Na- damental aspects of phenomena and of up against insolvable problems. At tional Institutes of Health for cancer, observable facts without specific appli- least the technology of application for all of these various diseases, heart cations towards processes or products won’t work because we won’t have the conditions, and mental illness. When in mind. physics solved, the physical science. the commitment was fulfilled, we spent The technologies transitioned from With that, I thank the Chair for giv- $27.1 billion for medical research. basic research are the foundation of ap- ing me a few moments and hope every

VerDate jul 14 2003 02:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.119 S11PT1 S2640 CONGRESSIONAL RECORD — SENATE March 11, 2004 now and then somebody in a position the last 3 years. This is not sustain- kota (Mr. JOHNSON), and the Senator to do something about this can join to- able. Our people are hurting. What this from Massachusetts (Mr. KERRY) are gether and see if we can’t get this done. amendment does is gives us a chance to necessarily absent. I yield the floor. do something about it. We give tax I also announce that the Senator The PRESIDING OFFICER. The Sen- credits to businesses, if they pay for from Nevada (Mr. REID) is absent at- ator from Oklahoma. health insurance, if they create manu- tending a funeral. UNANIMOUS CONSENT REQUEST—S. RES. 319 facturing jobs. What we do is boost up The PRESIDING OFFICER (Mr. Mr. NICKLES. Mr. President, we are some of the wonderful programs that SMITH). Are there any other Senators going to begin our series of rollcall are working in advanced technology, in the Chamber desiring to vote? votes momentarily. First, I ask unani- manufacturing extension. We increase The result was announced—yeas 41, mous consent that after the first vote investments in basic science. We close nays 53, as follows: in this series, the Senate then proceed the loophole so if companies move [Rollcall Vote No. 41 Leg.] to a resolution at the desk regarding abroad, they can’t get special tax YEAS—41 the recent bombings in Spain; provided breaks, and we don’t allow Federal Akaka Dorgan Levin further that following the reporting of funds to be used to offshore jobs. Bayh Durbin Lieberman the resolution, there be a brief moment We pay for it by saying to the mil- Biden Feingold Lincoln Bingaman Feinstein Mikulski of silence; provided further that each lionaires of this country: Instead of Boxer Graham (FL) Murray leader be recognized for up to 5 min- getting back $120,000, you will get back Byrd Harkin Nelson (FL) utes each, Senator ALLEN and Senator $80,000. That is multiple times what a Cantwell Hollings Pryor Carper Inouye Reed DODD be permitted to speak up to 2 minimum-wage worker will get. Mil- Clinton Jeffords Rockefeller minutes each; I further ask consent lionaires will still get back $80,000 a Conrad Kennedy Sarbanes Corzine Kohl that the Senate then proceed to a vote year under the Bush tax cut. We are Schumer Daschle Landrieu on adoption of the resolution with no asking them to make that sacrifice be- Dayton Lautenberg Stabenow intervening action or debate; further cause we need the jobs. Dodd Leahy Wyden that following the vote the preamble be I urge an aye vote. NAYS—53 agreed to and the motions to recon- The PRESIDING OFFICER. The Sen- Alexander DeWine Miller sider be laid upon the table. ator from Oklahoma. Allard Dole Murkowski Mr. CONRAD. Reserving the right to Mr. NICKLES. Mr. President, this Allen Domenici Nelson (NE) object, this does not define what the amendment offered by our friend from Baucus Enzi Nickles first vote in the series would be. California increases taxes by $24 billion Bennett Fitzgerald Roberts Bond Frist Mr. NICKLES. Mr. President, I now over 3 years. Basically it would wipe Santorum Breaux Graham (SC) Sessions ask unanimous consent that with re- out all the tax relief we have in the bill Brownback Grassley Shelby Bunning Gregg spect to the voting sequence, the Sen- in the year 2005 for the child credit and Smith Campbell Hagel ate proceed to the votes in relation to Snowe marriage penalty. But it doesn’t add Chafee Hatch Specter the pending amendments in the order any funding for jobs programs. We hear Chambliss Hutchison offered, with no second-degree amend- it does. It has a reserve fund that could Cochran Inhofe Stevens Sununu ments in order to those amendments; increase spending, maybe, if a few Coleman Kyl Collins Lott Talent finally, there be 2 minutes equally di- things happen. The resolution before us Cornyn Lugar Thomas vided for debate prior to each vote; and fully supports the FSC/ETI bill, the Craig McCain Voinovich after the first vote, that the time limit JOBS bill Senator GRASSLEY and Sen- Crapo McConnell Warner for each vote be limited to 10 minutes. ator BAUCUS are working on. If you NOT VOTING—6 The sequence of votes will be as fol- want to help us be more competitive, Burns Ensign Kerry lows: Boxer amendment No. 2783; Sar- to create more jobs, that is certainly Edwards Johnson Reid banes amendment No. 2789; Dorgan the approach. It is a bipartisan ap- The amendment (No. 2783) was re- amendment No. 2793; Lautenberg proach and has a much greater likeli- jected. amendment No. 2703; Harkin amend- hood. Mr. NICKLES. Mr. President, I move ment No. 2799; Lincoln amendment No. The proposal suggested by our friend to reconsider the vote. 2803; Byrd amendment No. 2804; Binga- from California, frankly, would mean Mr. CRAIG. I move to lay that mo- man amendment No. 2765; Lieberman an exodus of jobs from the United tion on the table. amendment No. 2807; and Kennedy States. It would be telling multi- The motion to lay on the table was amendment No. 2725. national corporations, you should not agreed to. The PRESIDING OFFICER. Without be in this country. You have tax advan- AMENDMENT NO. 2789 objection, it is so ordered. tages for being in other countries. I Mr. NICKLES. Mr. President, next we Mr. NICKLES. Mr. President, I ask don’t think we should be encouraging will have a vote on the Sarbanes unanimous consent to vitiate the order the headquarters of companies such as amendment No. 2789. I have two com- dealing with the Spanish resolution. Intel or Microsoft and others to be ments, but first I tell my colleagues, The PRESIDING OFFICER. Without leaving the United States. we are going to cut these votes off. I objection, it is so ordered. I urge our colleagues to vote no on am warning everybody, and I urge col- Mr. NICKLES. Mr. President, we are the Boxer amendment. leagues to stay on the floor. We are now ready to call upon Senator BOXER The PRESIDING OFFICER. All time going to try to keep all of these amend- for her 1-minute description. I would has expired. ments limited to 10 minutes. In fact, I also say if the sponsors are not ready, Mr. NICKLES. Mr. President, I ask ask unanimous consent that the fol- we don’t need descriptions and we will for the yeas and nays. lowing amendments be limited to 10 move forward with rollcall votes. We The PRESIDING OFFICER. Is there a minutes each. are going to be very tight with time. sufficient second? The PRESIDING OFFICER. That Senators cannot assume there is going There appears to be. order has been entered. to be an extra 10 minutes on the roll- The question is on agreeing to Who yields time? call votes. We are not going to allow amendment No. 2783. The clerk will Mr. NICKLES. As soon as we have that to happen, or we are going to try call the roll. order, I ask the Chair to call upon the not to let it happen. The bill clerk proceeded to call the Senator from Maryland. I believe the Senator from California roll. The PRESIDING OFFICER. The Sen- is ready. Mr. MCCONNELL. I announce that ator from Maryland. The PRESIDING OFFICER. The Sen- the Senator from Montana (Mr. BURNS) Mr. SARBANES. Mr. President, this ator from California. and the Senator from Nevada (Mr. EN- amendment would fully fund the assist- AMENDMENT NO. 2783 SIGN) are necessarily absent. ance to firefighter programs, the fire- Mrs. BOXER. Mr. President, in 1 Mr. DASCHLE. I announce that the fighter grant, and the SAFER program minute let me give it to you straight: Senator from North Carolina (Mr. ED- up to the authorized amount. I urge my We have seen a loss of 3 million jobs in WARDS), the Senator from South Da- colleagues stand with our firefighters. -

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.122 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2641 Warren Rudman, in a report, said, [Rollcall Vote No. 42 Leg.] condolences to the people of Spain. We ‘‘emergency responders drastically un- YEAS—41 will shortly vote on this resolution. derfunded, dangerously unprepared.’’ Akaka Dorgan Levin It is with a heavy heart that I rise. In Don’t let that situation continue. Bayh Durbin Lieberman a phone call earlier today, I told the I yield the remainder of my time to Biden Feingold Lincoln Ambassador of Spain what the Senate Bingaman Feinstein Mikulski the Senator from Connecticut. Boxer Graham (FL) Murray will tell the people of Spain tonight Mr. DODD. The Senator from Mary- Byrd Harkin Nelson (FL) through this resolution: We are with land is correct. This budget contains a Cantwell Hollings Pryor you; you are not alone in your grief. Carper Inouye Reed $250 million cut in FIRE Act grants. Clinton Jeffords This morning in Madrid, Spain, at Rockefeller There have been over 19,000 awarded Conrad Kennedy Sarbanes the height of rush hour, 10 terrorist Corzine Kohl since the program was established from Schumer bombs ripped through railway trains 33,000 departments across the country. Daschle Landrieu Dayton Lautenberg Stabenow and stations killing over 190 people and These fire departments absolutely need Dodd Leahy Wyden wounding 1,240 more. Mothers, fathers, the equipment and training resources. NAYS—55 students, children, were struck down as In addition, the SAFER Act will put they went about their normal daily 75,000 new firefighters on the street Alexander DeWine Miller Allard Dole Murkowski life—a tragedy we in the United States over the next seven years. Recent stud- Allen Domenici Nelson (NE) known only too well. ies by major organizations indicate Baucus Ensign Nickles Spain did not learn about the need to there are chronic shortfalls in the Bennett Enzi Roberts defend democracy or how to fight ter- Bond Fitzgerald Santorum numbers of people who serve in paid Breaux Frist rorism on September 11, 2001. Sadly, and volunteer and combination depart- Sessions Brownback Graham (SC) Shelby this lesson was thrust upon the Span- Bunning Grassley ments. Smith ish people long ago. Their response to Burns Gregg This is a good amendment. We are Snowe Campbell Hagel our darkest moment will long be re- Specter asking those who make more than $1 Chafee Hatch membered in America. As the people of million a year to take a little less of a Chambliss Hutchison Stevens Spain mourn their victims tonight, we tax cut than they would ordinarily get. Cochran Inhofe Sununu Talent mourn with them. I urge my colleagues to support the Coleman Kyl Collins Lott Thomas We do not yet know the identity of amendment. Cornyn Lugar Voinovich the culprits. Officials are pursuing Mr. NICKLES. This amendment, as Craig McCain Warner every lead. But whoever committed most of the amendments we are going Crapo McConnell this atrocity will be found and they to be facing in this sequence of 10 NOT VOTING—4 will be punished. I say to the people of votes, increases taxes. This one in- Edwards Kerry Spain: America is with you. We stand creases taxes by $2.86 billion next year. Johnson Reid in front of you, in back of you, to your That happens to be about the same The amendment (No. 2789) was re- left, and to your right. We grieve with amount of money we assume for the jected. the families who bear so much sorrow child tax credit next year. But it Mr. DASCHLE. Mr. President, I move and we grieve for their loved ones doesn’t add any money for firefighters, to reconsider the vote. whose lives have been so unjustly cut zero. What it does is promise a possible Mr. FRIST. I move to lay that mo- short. We will not forget this day. We $1.3 billion increase in spending later in tion on the table. will fight until the last cowardly mur- the year, if the appropriations bills do The motion to lay on the table was derer is brought to justice. such and such. agreed to. The PRESIDING OFFICER. The I think it is a gimmick. The facts f Democratic leader. are, if it did go to firefighting, that EXPRESSION OF CONDOLENCES TO Mr. DASCHLE. Mr. President, I join would be a 157-percent increase over THE PEOPLE OF SPAIN in thanking Senators ALLEN and DODD last year. That is ridiculous. We put in Mr. FRIST. Mr. President, I ask for their work on this resolution. I join 10 percent for homeland defense as re- unanimous consent that the Senate the majority leader in expressing quested by the President. What the now proceed to a resolution that is at strong support for the efforts in the Secretary is trying to do is move more the desk regarding the recent bombings Senate this afternoon. It is entirely fit- of that money into high-threat areas, in Spain; provided further that fol- ting and appropriate that we observe not necessarily in every little rural fire lowing the reporting of the resolution the moment of silence for the victims department in Oklahoma, which, there be a brief moment of silence; pro- of this heinous attack on the citizens frankly, is not a Federal responsibility. vided further that each leader be recog- of Spain this morning. Our prayers are Terrorism is not a threat in most of nized for up to 5 minutes each, and with the Spanish people as they search the rural communities. that Senators ALLEN and DODD be per- for survivors, care for their injured, I urge opposition to the amendment mitted to speak for up to 2 minutes and mourn their losses. and ask for the yeas and nays. each. I further ask unanimous consent Just last month, we heard a moving The PRESIDING OFFICER. Is there a that the Senate then proceed to a vote speech in the House Chamber from sufficient second? on the adoption of the resolution with President Aznar. He made clear to us There is a sufficient second. no intervening action or debate; fur- America does not stand alone in the The question is on agreeing to ther, that following that vote the pre- war on terror. He made clear that the amendment No. 2789. amble be agreed to and the motion to terrorists who attacked us on Sep- The clerk will call the roll. reconsider be laid upon the table. tember 11 would fail, and he made clear The assistant legislative clerk called The PRESIDING OFFICER. The that we would succeed together. the roll. clerk will read the resolution by title. The resolution says to President The legislative clerk read as follows: Mr. DASCHLE. I announce that the Aznar and his people that the Amer- Senator from North Carolina (Mr. ED- A resolution (S. Res. 319) expressing the ican people will give the Spanish peo- sense of the Senate with respect to the dead- WARDS), the Senator from South Da- ly terrorist attacks against the people of ple everything they have given us: Our kota (Mr. JOHNSON), and the Senator Spain that occurred on March 11, 2004. unshakable commitment that we will from Massachusetts (Mr. KERRY) are There being no objection, the Senate link arms to care for the victims and necessarily absent. proceeded to consider the resolution. their families, our solemn word that we I also announce that the Senator The PRESIDING OFFICER. The Sen- will not flinch in the face of these cow- from Nevada (Mr. REID) is absent at- ate will now observe a moment of si- ardly attacks, our enduring pledge that tending a funeral. lence. we will join forces to bring the per- The PRESIDING OFFICER. Are there (Moment of silence.) petrators to justice. That is because any other Senators in the Chamber de- Mr. FRIST. Mr. President, through this was not an attack on Spain alone siring to vote? the efforts of our colleagues, Senators but on all of us. The result was announced—yeas 41, ALLEN and DODD, we have this resolu- I have already heard from Americans nays 55, as follows: tion before the Senate expressing our who are desperately trying to reach

VerDate jul 14 2003 04:46 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.129 S11PT1 S2642 CONGRESSIONAL RECORD — SENATE March 11, 2004 family members who are in Madrid this regular business this afternoon to ues that Spain and America share will evening, terrorized to think their loved speak with one voice about our pro- not be broken by cowardly acts of ter- ones were victimized in the attack. found outrage and sorrow with respect ror; the friendship and cooperation be- Families from all over the world are to what transpired just a few short tween our nations will continue. And experiencing the same fears. The object hours ago in Madrid. The resolution despite your efforts, elections will be of terrorism is to bring fear to the which has been introduced by Senators held—the Spanish democracy will con- hearts of free people, to divide friend FRIST, DASCHLE, myself, and others is tinue to thrive. from friend and ally from ally. But an opportunity for the Senate to send In times of need, we grow more America will never abandon its Span- its condolences to the people of Spain. united. And together, we will move for- ish allies. We will not tire in the fight I would also like to bring to the at- ward to ensure that this world is safe against tyranny. tention of my colleagues that a book of for freedom-loving people everywhere. Today we renew our resolve to defeat condolences will be open at the Em- I thank the majority leader and mi- terrorism around the world. We will bassy of Spain tomorrow, March 12, nority leader for putting this resolu- bring these murderers to justice and and Monday, March 15. In addition, a tion forth this afternoon. It is a timely make clear to all terrorists that they funeral service for the victims of this resolution to take a few minutes out will never, never prevail. heinous attack will be held at St. Mat- from the budget resolution to share our I yield the floor. thews Cathedral on Monday, March 15, collective thoughts and to express The PRESIDING OFFICER. The Sen- at 5:30 p.m. them to the people of Spain over this ator from Virginia. Mr. President, I know I join all my incredible tragedy. I associate myself Mr. ALLEN. Mr. President, I thank colleagues when I express how deeply with the remarks that have been given by the majority leader, the Democratic our leader, Senator FRIST, the Demo- disturbed I am by today’s bombings in leader, and my colleague from Virginia cratic leader, Senator DASCHLE, and the Spanish capital of Madrid, and I who have spoken eloquently about our also my colleague from Connecticut, strongly condemn those responsible for feelings. Senator DODD, all of whom worked to- what is a heinous crime against human I recall vividly the day after Sep- gether on this resolution. life. These horrific attacks—the dead- tember 11 reading Spanish papers. The As chairman of the Subcommittee on liest in Spain’s history—have now left headlines in the Spanish papers in Ma- European Affairs of the Foreign Rela- over 180 innocent people dead and more drid and Barcelona said the following tions Committee, I share the resolve of than 900 wounded. Such carnage is al- in Spanish: Nosotros somos, Americos. my colleagues. most unimaginable, and I know that I I think, tonight, all Members in the The American people have experi- join with all Americans in expressing Senate would want to say to the people enced our September 11. For the people my outrage over these acts of violence. of Spain in this moment: Nosotros of Spain, March 11 is a day they will I also join with my fellow Americans somos, Espanolas. not forget. We, the Senate, express our in expressing my solidarity with the The PRESIDING OFFICER. The Sen- outrage and shock and that of our fel- Spanish people and the families of the ator from Florida. low American people over these ter- innocent victims. This is a time of Mr. GRAHAM of Florida. I would like rorist attacks that occurred today. The great distress and pain for them—it is to add a few comments to what has Senate of the United States joins with a memory that will long endure in been so eloquently said. President Bush in expressing our deep- their hearts and minds. And I know There has never been a time in the est condolences and in saying that we that in the difficult days ahead, Amer- 500-year relationship between Spain will stand shoulder to shoulder with ica and the Congress will stand shoul- and what is now the United States of our friends, the people of Spain, in this der-to-shoulder with Spain, just as America in which there have been war on terrorism. Spain supported America through some stronger bonds of genuine friendship The Senate also, in unity, expresses of our darkest hours after September and empathy for each other, particu- our solidarity with the people of Spain 11, 2001. larly at a time of tragedy such as this in these very difficult hours. We espe- In so many ways, Spain’s friendship that exists today. cially send our sincere condolences to has been invaluable to the United I spoke early today with the Ambas- the families whose have lost loved ones States. Spain has been a critical part- sador of Spain to the United States and and the well over 1,000 who have been ner in the fight against terrorism, a he described what his country was ex- severely injured by these despicable true ally during the war in Iraq, and an periencing as their September 11. Just terrorist acts. important economic partner in the as they came forward with such effec- We call on other nations to join with global marketplace. And indeed, tiveness and genuine remorse when we us once again in condemning such mon- through my roles as a United States experienced our tragedy, we share strous acts and attacks on the innocent Senator and Chairman of the U.S.- those same feelings toward theirs people wherever they may be, whether Spain Council, I have seen firsthand today. they are in the Pentagon, the World the immense depth and strength of the May the bonds of our friendship give Trade Center, or in transportation fa- United States-Spain bond. strength to both Spanish people and cilities in Madrid, Spain. We need to This bond continues to flourish be- our people as we have experienced the help identify the perpetrators of these cause our countries and our peoples consequences of terrorism on our own attacks and bring them to swift jus- share the fundamental values of free- soil. Our hopes and our prayers are tice. We express, as Senators, our read- dom and democracy. In today’s com- with our brothers in Spain. iness to consult with the King of Spain, plicated world, the United States and The PRESIDING OFFICER. The the President of the Spanish Govern- Spain are true friends. And I would like question is on agreeing to the resolu- ment, Jose Maria Aznar, the Spanish to say to the Spanish people—rest as- tion. Mr. FRIST. Mr. President, I ask for Cortes, and other public authorities sured that during this time of tragedy, the yeas and nays. about our joint efforts to combat ter- your nation has no greater friend than The PRESIDING OFFICER. Is there a rorism. the American people. sufficient second? President Aznar said ‘‘We shall not As my colleagues are aware, these There is a sufficient second. forget.’’ We in the United State say to horrific terrorist attacks have occurred The clerk will call the roll. President Aznar and the people of only days before Spain is to hold its The legislative clerk called the roll. Spain: Siempre recordaremos. We will general elections. The attacks were Mr. DASCHLE. I announce that the not forget either. We will always re- likely meant to disrupt Spain’s strong Senator from North Carolina (Mr. ED- member. democratic institutions. And they were WARDS), the Senator from South Da- Mr. DODD. Mr. President, even surely aimed at the values of freedom kota (Mr. JOHNSON), and the Senator though the Senate is extremely busy and democracy that both Spain and the from Massachusettes (Mr. KERRY) are with respect to consideration of the United States hold dear. necessarily absent. Senate budget resolution, the recent Although it is not yet clear who was I also announce that the Senator tragedy in Spain makes it terribly im- behind these attacks, I have a message from Nevada (Mr. REID) is absent at- portant that the Senate pause from its for them, wherever they are. The val- tending a funeral.

VerDate jul 14 2003 04:37 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.131 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2643 The result was announced—yeas 96, Resolved, That the Senate— SARBANES, ROCKEFELLER, CORZINE, nays 0, as follows: (1) expresses the outrage and shock of the STABENOW, HARKIN, BOXER, DURBIN, [Rollcall Vote No. 43 Leg.] people of the United States over the terrorist KOHL, and DODD be added as cosponsors attacks that occurred in and around Madrid, YEAS—96 to my amendment. Spain on March 11, 2004; Akaka DeWine Lincoln (2) joins with President Bush in expressing The PRESIDING OFFICER. Without Alexander Dodd Lott its deepest condolences and pledges to re- objection, it is so ordered. Allard Dole Lugar Mr. DORGAN. Mr. President, I offer Allen Domenici McCain main shoulder to shoulder with the people of Baucus Dorgan McConnell Spain in the war on terrorism; this amendment on behalf of myself, Bayh Durbin Mikulski (3) expresses its strong solidarity with the Senator BIDEN, Senator DASCHLE, and Bennett Ensign Miller people of Spain during their difficult hour, many others. This would restore $1.1 Biden Enzi Murkowski and its deep condolences to the families of Bingaman Feingold Murray billion to law enforcement grants that the victims of these despicable terrorist at- have been cut in this budget. My col- Bond Feinstein Nelson (FL) tacks; Boxer Fitzgerald Nelson (NE) (4) calls on all nations to join with the league, Senator BIDEN, is the author of Breaux Frist Nickles the COPS Program, the Byrne grant Brownback Graham (FL) Pryor United States in condemning the monstrous Bunning Graham (SC) Reed attacks on the innocent people of Spain and program, and others. I just finished a Burns Grassley Roberts in attempting to identify the perpetrators of round of meetings dealing with meth- Byrd Gregg Rockefeller the attacks and bring them to account; amphetamine in North Dakota. Most of Campbell Hagel Santorum (5) expresses its readiness to consult with you have had the same experience. Law Cantwell Harkin Sarbanes representatives of King Juan Carlos, Presi- Carper Hatch Schumer enforcement officials from across the dent Jose Maria Aznar, the Spanish govern- Chafee Hollings Sessions country will tell you these grant pro- ment, the Spanish Cortes, and other public Chambliss Hutchison Shelby grams are critical to their ability to Clinton Inhofe Smith authorities about joint efforts to combat ter- Cochran Inouye Snowe rorism more effectively; continue to fight this methamphet- Coleman Jeffords Specter (6) commends the United States Embassy amine scourge and other issues. We Collins Kennedy Stabenow in Madrid for its prompt offers of assistance should restore that funding. Conrad Kohl Stevens to the Government of Spain, and for its ef- Cornyn Kyl Sununu We do this and pay for it by simply Corzine Landrieu Talent forts to determine the welfare and where- limiting the tax cut for those above $1 Craig Lautenberg Thomas abouts of United States citizens who may million a year. Next year they will re- Crapo Leahy Voinovich have been affected by the terrorist attacks; ceive $27 billion in tax cuts; that is, Daschle Levin Warner and Dayton Lieberman Wyden (7) urges the executive branch to continue those Americans with income of $1 mil- lion a year or more. Under this amend- NOT VOTING—4 to provide all possible assistance to Spain in order to identify and bring to account the ment, they will only receive $26 billion Edwards Kerry perpetrators of the terrorist attacks that oc- Johnson Reid in tax cuts. We will restore the funding curred on March 11, 2004, in Madrid and of for law enforcement across this coun- The resolution (S. Res. 319) was other terrorist attacks against the people of try for the COPS Program, the Byrne agreed to. Spain. grant, and the law enforcement grant The preamble was agreed to. f The resolution, with its preamble, program. reads as follows: CONGRESSIONAL BUDGET FOR I offer this on behalf of myself, on be- half of Senator BIDEN, Senator S. RES. 319 THE UNITED STATES GOVERN- DASCHLE, and others. Whereas on March 11, 2004, terrorists deto- MENT FOR FISCAL YEAR 2005— nated a total of 10 bombs at 6 train stations Continued Mr. NICKLES. Mr. President, I ask for the yeas and nays on the amend- in and around Madrid, Spain during morning The PRESIDING OFFICER. The Sen- ment. rush hour, killing more than 190 people and ator from Nevada. injuring more than 1,200 others; The PRESIDING OFFICER. Is there a Whereas these attacks constitute the AMENDMENT NO. 2793 sufficient second? worst acts of terrorism ever experienced in Mr. ENSIGN. Mr. President, I under- There is a sufficient second. Spain; stand the Dorgan amendment is the The question is on agreeing to Whereas no organization has claimed re- next amendment. sponsibility for the terrorist attacks; amendment No. 2793. The clerk will The PRESIDING OFFICER. The Sen- call the roll. Whereas the terrorist organization known ator is correct. as ETA, which has been responsible for the The assistant legislative clerk called Mr. ENSIGN. And there is a minute deaths of more than 800 people during its the roll. on each side. decades long campaign to establish an inde- Mr. DASCHLE. I announce that the The PRESIDING OFFICER. The Sen- pendent Basque State, is a prime suspect as Senator from North Carolina (Mr. ED- the perpetrator of these cowardly acts of ter- ator is correct. WARDS), the Senator from South Da- rorism against innocent people; Mr. ENSIGN. Mr. President, the Dor- kota (Mr. JOHNSON), and the Senator Whereas officials in Spain initiated an- gan amendment raises taxes by $2.2 bil- from Massachusetts (Mr. KERRY) are other line of investigation to identify the lion to increase funding for the COPS necessarily absent. perpetrators of the terrorist attacks after a Program by $1.1 billion. He says $2.2 van was found with detonators and an Ara- I also announce that the Senator billion is the tax increase that will be bic-language tape of Koranic verses; from Nevada (Mr. REID) is absent at- for millionaires, but we have said this Whereas President Jose Maria Aznar has tending a funeral. time after time, you cannot specify to stated that ‘‘we shall not forget’’, bravely The PRESIDING OFFICER. (Mr. declared that Spain would not change its the Finance Committee what taxes will CHAMBLISS). Are there any other Sen- policies because of terrorist pressure, and de- be raised. ators in the Chamber desiring to vote? clared three days of national mourning; The bottom line is, the easiest taxes The result was announced—yeas 41, Whereas the President of the European out there right now that are expiring nays 55, as follows: Parliament has stated that the terrorist at- at the end of this year are the $1,000 tacks are ‘‘a declaration of war on democ- child tax credit, the marriage penalty [Rollcall Vote No. 44 Leg.] racy’’, Pope John Paul II has described the YEAS—41 attacks as ‘‘despicable’’, and the United Na- reduction, and the expansion of the 10- tions Secretary General Kofi Annan ex- percent tax bracket. These are middle- Akaka Dorgan Levin Bayh Durbin pressed profound shock and indignation over class people, middle to lower income Lieberman Biden Feingold Lincoln this ‘‘senseless killing of innocent people’’; people. We don’t want to raise taxes on Bingaman Feinstein Mikulski and middle to lower income people. We en- Boxer Graham (FL) Murray Whereas President George W. Bush has al- courage Members to vote no on this Byrd Harkin Nelson (FL) ready called President Aznar to offer his con- amendment. Cantwell Hollings Pryor dolences and to assure him that ‘‘the United Carper Inouye Reed The PRESIDING OFFICER. The Sen- Clinton Jeffords States stands resolutely with Spain in the Rockefeller Conrad Kennedy ator from North Dakota. Sarbanes fight against terrorism in all its forms and Corzine Kohl Mr. DORGAN. Mr. President, I ask Schumer against the particular threat that Spain Daschle Landrieu faces from the evil of ETA terrorism’’: Now, unanimous consent that Senators Dayton Lautenberg Stabenow therefore, be it LEAHY, FEINSTEIN, SCHUMER, KENNEDY, Dodd Leahy Wyden

VerDate jul 14 2003 03:11 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.024 S11PT1 S2644 CONGRESSIONAL RECORD — SENATE March 11, 2004 NAYS—55 The PRESIDING OFFICER. Who The legislative clerk called the roll. Alexander DeWine Miller yields time? Mr. DASCHLE. I announce that the Allard Dole Murkowski Mr. NICKLES. Mr. President, I be- Senator from North Carolina (Mr. ED- Allen Domenici Nelson (NE) lieve the Senator from New Jersey has WARDS), the Senator from South Da- Baucus Ensign Nickles Bennett Enzi Roberts an amendment. kota (Mr. JOHNSON), and the Senator Bond Fitzgerald Santorum The PRESIDING OFFICER. The Sen- from Massachusetts (Mr. KERRY) are Breaux Frist Sessions ator from New Jersey. necessarily absent. Brownback Graham (SC) Shelby Bunning Grassley AMENDMENT NO. 2703 I also announce that the Senator Smith Burns Gregg from Nevada (Mr. REID) is absent at- Snowe Mr. LAUTENBERG. Mr. President, I Campbell Hagel Specter have an amendment to reinstate the tending a funeral. Chafee Hatch Chambliss Hutchison Stevens Superfund tax that was in place for so The PRESIDING OFFICER. Are there Cochran Inhofe Sununu many years and produced a very suc- any other Senators in the Chamber de- Coleman Kyl Talent cessful program. siring to vote? Collins Lott Thomas It has been said that I want to tax The result was announced—yeas 44, Cornyn Lugar Voinovich Craig McCain Warner people. Don’t believe that this is a tax- nays 52, as follows: Crapo McConnell free exchange, as we heard from the [Rollcall Vote No. 45 Leg.] NOT VOTING—4 Senator from Oklahoma before when he YEAS—43 Edwards Kerry accused me of loving taxes. He loves Akaka Dayton Levin Johnson Reid taxes, but he wants to put it on the av- Baucus Dodd Lieberman The amendment (No. 2793) was re- erage citizen. He does not want the pol- Bayh Dorgan McCain luters to pay. He said that very di- Biden Durbin Mikulski jected. Bingaman Feingold rectly. Murray The PRESIDING OFFICER. The Sen- Boxer Feinstein Nelson (FL) ator from Oklahoma. He raised a question rhetorically, I Byrd Graham (FL) Nelson (NE) guess, that asked: Who among those Cantwell Harkin Reed Mr. NICKLES. Mr. President, for the Carper Hollings who are accused of polluting did not Rockefeller information of our colleagues, we still Chafee Inouye Sarbanes pay their fair share? I will tell you one. Clinton Jeffords have several rollcall votes to make just Schumer Halliburton. Halliburton never pays Collins Kennedy on this list. Senator CONRAD and I also Snowe their fair share where they can get it Conrad Kohl are going through the list of other Corzine Lautenberg Stabenow amendments that people want us to and owes the Defense Department $61 Daschle Leahy Wyden million in overcharges; Halliburton consider. We urge Senators not to push NAYS—52 us to votes on these amendments. If we which manages to put their business Alexander Domenici Miller vote on all the amendments, we are offshore so they escape taxes. Is that the example we want to look Allard Ensign Murkowski going to be here not only very late to- Allen Enzi Nickles night but very late tomorrow night. at, not whether the people who have Bennett Fitzgerald Pryor I do not think most of these amend- been paying the taxes, the average Bond Frist Roberts working person, will pay two-tenths of Breaux Graham (SC) Santorum ments and the amendments on our side Brownback Grassley a cent more per gallon? Sessions require rollcall votes. We are going to Bunning Gregg Shelby The PRESIDING OFFICER. The Sen- Burns Hagel work to see if we can accept some Smith Campbell Hatch ator from Oklahoma. Specter amendments, and we are going to work Chambliss Hutchison Mr. INHOFE. Mr. President, it is Stevens to see some amendments be dropped. I Cochran Inhofe urge the cooperation of our colleagues. very important everyone knows this is Coleman Kyl Sununu We will go now to the Lautenberg nothing but a huge tax increase on Cornyn Landrieu Talent businesses, on industries. Many of Craig Lincoln Thomas amendment, after my colleague makes Crapo Lott Voinovich some comments. I urge the clerks, we them are very frail at this time. They DeWine Lugar Warner are going to move these votes. We have have nothing to do with pollution. Pol- Dole McConnell another six votes. We are going to try luters-pay is happening right now. NOT VOTING—4 Since the inception of this program, to adhere to the time limits as closely Edwards Kerry as possible. All remaining rollcalls will 70 percent of the sites have been Johnson Reid cleaned up and paid for by people who be 10 minutes. The amendment (No. 2703) was re- The PRESIDING OFFICER. The Sen- polluted. Last year, it was 87 percent. jected. ator from North Dakota. Where there is a polluter that can be Mr. CONRAD. Mr. President, I am ad- found, that polluter pays. That system Mr. NICKLES. Mr. President, I move vised that we have eight more votes is working. to reconsider the vote. still on this list. There may be some If you have to have an $8.5 billion tax Mr. BOND. I move to lay that motion variance between us. increase on various businesses—and on the table. Mr. NICKLES. Seven. right now we have businesses going out The motion to lay on the table was Mr. CONRAD. Seven more votes on of business—then this is your oppor- agreed to. this list, and then I have in my hand, tunity to do it. This is a huge tax in- f after having gone Member to Member, crease, $8.5 billion. We do not need it, CHANGE OF VOTE 34 more amendments on which Mem- and it is unfair. bers are insisting a rollcall vote. Seven By the way, we resoundingly defeated Mr. DAYTON. Mr. President, on roll- call vote 45, I voted ‘‘nay.’’ It was my votes will take us about 21⁄2 hours. this amendment several times before. Thirty-four more votes would take us The last vote was 57 to 43. Many Demo- intention to vote ‘‘yea.’’ Therefore I another 11 hours, and that does not crats voted with us in voting against ask unanimous consent that I be able count the votes on the other side. That this tax increase. I encourage them to to change my vote since it will not af- is 11 hours straight of voting in addi- do the same now. fect the outcome. The PRESIDING OFFICER. Without tion to the 21⁄2 hours now. The PRESIDING OFFICER. The time I say to our colleagues, we are mas- of the Senator has expired. objection, it is so ordered. ters of our own fate. If everybody in- Mr. NICKLES. Mr. President, I ask (The foregoing tally has been sists on having rollcall votes on all of for the yeas and nays on the amend- changed to reflect the above order.) their amendments, we will be here ment. AMENDMENT NO. 2799 until 2 or 3 o’clock in the morning, and The PRESIDING OFFICER. Is there a Mr. NICKLES. I believe the amend- then we will be here until late tomor- sufficient second? ment of the Senator from Iowa, Sen- row night. That is where we are at the There appears to be a sufficient sec- ator HARKIN, amendment No. 2799, moment. ond. would be next? Hopefully, people will relent and The question is on agreeing to The PRESIDING OFFICER. That is agree to try to get amendments accept- amendment No. 2703. The clerk will correct. Who yields time? The Senator ed or dispatch with them. call the roll. from Iowa.

VerDate jul 14 2003 03:11 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.023 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2645 Mr. HARKIN. Mr. President, this Mr. NICKLES. I ask for the yeas and tion, than looking at what we can do amendment does what 400 public health nays. for the uninsured in this country. The organizations around the country say The PRESIDING OFFICER. Is there a number of uninsured in our country is is vitally needed. It increases function sufficient second? There is a sufficient alarming. It should be a priority in this 550 health spending by 12 percent. That second. budget debate. is $6 billion in the next fiscal year and The clerk will call the roll. As we look at the budget debate we $30 billion over 5 years. It also provides The bill clerk called the roll. are dealing with, we should think for $9 billion in deficit reduction over Mr. DASCHLE. I announce that the about priorities and the choices we the same 5 years. Senator from North Carolina (Mr. ED- have to make and the consequences The amendment pays for this needed WARDS), the Senator from South Da- down the road if we do not make the investment with a revenue measure kota (Mr. JOHNSON), and the Senator right priorities and the right choices. that delivers more public health bene- from Massachusetts (Mr. KERRY) are I encourage all of my colleagues to fits. We raise the current Federal tax necessarily absent. take a look at what we are doing. We on cigarettes by 61 cents a pack, from I also announce that the Senator are providing for the uninsured. We are 39 cents to $1 a pack. This would pro- from Nevada (Mr. REID) is absent at- making sure it is not paid for by in- vide $30 billion for public health over 5 tending a funeral. creasing taxes, but cutting loopholes, years, and $9 billion of deficit reduc- The PRESIDING OFFICER. Are there cutting corporate loopholes that have tion. any other Senators in the Chamber de- existed, which we have all agreed are I showed this chart earlier. If you siring to vote? wrong. We need to do something about think $1 a pack is a lot of money, I The result was announced—yeas 32, it. Redirecting those resources to the point out in much of the history of the nays 64, as follows: uninsured is the correct thing to do. Federal excise tax on cigarettes we [Rollcall Vote No. 46 Leg.] The PRESIDING OFFICER. The Sen- were as high as 49 percent of the aver- YEAS—32 ator from Nebraska. age wholesale price on a pack of ciga- Akaka Dodd Levin Mr. HAGEL. The Lincoln amendment rettes. We are now down to 14 percent. Biden Durbin Lieberman increases taxes by $60 billion over the This amendment would only raise it to Bingaman Feingold Mikulski next 5 years while purporting to help 30 percent of the average wholesale Boxer Feinstein Murray Byrd Harkin the uninsured. The budget resolution price. Nelson (FL) Cantwell Inouye Pryor already contains a reserve fund for the I ask unanimous consent a letter sup- Carper Jeffords Reed uninsured. The resolution reserve fund porting this amendment be printed in Chafee Kennedy Rockefeller is budget neutral and allows the chair- Clinton Kohl Sarbanes the RECORD. Corzine Lautenberg man to change allocations for both the Wyden There being no objection, the mate- DeWine Leahy Health, Education, Labor, and Pen- rial was ordered to be printed in the NAYS—64 sions Committee and the Finance Com- RECORD, as follows: mittee. JANUARY 29, 2004. Alexander Dole McConnell Allard Domenici Miller I ask for the yeas and nays. IT’S TIME TO MAKE PUBLIC HEALTH FUNDING Allen Dorgan Murkowski The PRESIDING OFFICER. Is there a A NATIONAL PRIORITY Baucus Ensign Nelson (NE) sufficient second? DEAR PRESIDENT BUSH AND MEMBERS OF Bayh Enzi Nickles Bennett Fitzgerald There is a sufficient second. CONGRESS: The health of all Americans is at Roberts Bond Frist The question is on agreeing to risk from an unprecedented range of threats, Santorum Breaux Graham (FL) Schumer amendment No. 2803. including: chronic diseases and disabilities, Brownback Graham (SC) Sessions infectious and food borne illnesses, biologi- Bunning Grassley The clerk will call the roll. Shelby cal and chemical terrorism, mental disorders Burns Gregg The legislative clerk called the roll. Smith and substance abuse, catastrophic injuries, Campbell Hagel Mr. DASCHLE. I announce that the Chambliss Hatch Snowe and a shortage of healthcare providers and Specter Senator from North Carolina (Mr. ED- trained public health workers. Cochran Hollings Coleman Hutchison Stabenow WARDS), the Senator from South Da- Our nation’s public health system will not Collins Inhofe Stevens kota (Mr. JOHNSON), and the Senator be able to respond adequately to these Conrad Kyl Sununu from Massachusetts (Mr. KERRY) are threats without additional resources for the Cornyn Landrieu Talent continuum of medical research, prevention, Craig Lincoln Thomas necessarily absent. treatment and training programs. We urge Crapo Lott Voinovich I also announce that the Senator you to increase discretionary funding for Daschle Lugar Warner from Nevada (Mr. REID) is absent at- public health through the Function 550 budg- Dayton McCain tending a funeral. et allocation in Fiscal Year 2005 by 12 per- NOT VOTING—4 The PRESIDING OFFICER (Mr. cent. This investment is critical to improv- Edwards Kerry CHAFEE). Are there any other Senators ing the health, safety and security of our na- Johnson Reid in the Chamber desiring to vote? tion. Sincerely, The amendment (No. 2799) was re- The result was announced—yeas 43, nays 53, as follows: AAHP–HIAA, and others. jected. The PRESIDING OFFICER. The Sen- Mr. HAGEL. I move to reconsider the [Rollcall Vote No. 47 Leg.] ator from Oklahoma. vote. YEAS—43 Mr. NICKLES. Mr. President, this Mr. ENSIGN. I move to lay that mo- Akaka Dodd Levin amendment would do one thing. It tion on the table. Baucus Dorgan Lieberman would increase taxes by $39 billion over The motion to lay on the table was Bayh Durbin Lincoln agreed to. Biden Feingold Mikulski 5 years. That is really half of what we Bingaman Feinstein Murray are assuming we are going to do to help AMENDMENT NO. 2803 Boxer Graham (FL) Nelson (FL) American families. So this is going to The PRESIDING OFFICER. We now Breaux Harkin Pryor Byrd Hollings Reed cut the tax cut. That will mean, to pre- move to the amendment of the Senator Cantwell Inouye Rockefeller from Arkansas. There will be 2 minutes Carper Jeffords serve present law, it is going to cost Sarbanes Clinton Kennedy about $80 billion. This is going to take equally divided. The Senator from Ar- Schumer Conrad Kohl half of that away. My colleague might kansas is recognized for 1 minute. Corzine Landrieu Stabenow hope it is going to be used to raise to- Mrs. LINCOLN. Mr. President, I draw Daschle Lautenberg Wyden bacco taxes, and so on, but that doesn’t my colleagues’ attention to the amend- Dayton Leahy mean that would happen. This tells the ment offered earlier today by myself NAYS—53 Finance Committee to raise $39 billion. and many others. I cannot think of Alexander Burns Cornyn I urge my colleagues to vote no on anything that could help us in this Na- Allard Campbell Craig the amendment. tion redirect our economy, rebuild the Allen Chafee Crapo The PRESIDING OFFICER. The fabric of our country, help our families, Bennett Chambliss DeWine Bond Cochran Dole question is on agreeing to amendment our working families, our military Brownback Coleman Domenici No. 2799. families, our children across this Na- Bunning Collins Ensign

VerDate jul 14 2003 03:11 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.140 S11PT1 S2646 CONGRESSIONAL RECORD — SENATE March 11, 2004 Enzi Lott Shelby Mr. DASCHLE. I announce that the Mr. NICKLES. Mr. President, Sen- Fitzgerald Lugar Smith Senator from South Dakota (Mr. JOHN- ator BINGAMAN’s amendment creates a Frist McCain Snowe Graham (SC) McConnell Specter SON) and the Senator from Massachu- new point of order against specific poli- Grassley Miller Stevens setts (Mr. KERRY) are necessarily ab- cies that might be reported to the Fi- Gregg Murkowski Sununu sent. nance Committee. It is not at all re- Hagel Nelson (NE) Talent I also announce that the Senator lated to the budgetary effects of such Hatch Nickles Thomas Hutchison Roberts from Nevada (Mr. REID) is absent at- Voinovich legislation and is not appropriate for Inhofe Santorum Warner tending a funeral. inclusion in the budget resolution. It is Kyl Sessions The PRESIDING OFFICER (Mr. not germane. NOT VOTING—4 CHAMBLISS). Are there any other Sen- I raise a point of order against the Edwards Kerry ators in the Chamber desiring to vote? amendment pursuant to section 305 of Johnson Reid The result was announced—yeas 43, the Budget Act because the amend- The amendment (No. 2803) was re- nays 53, as follows: ment is not germane. jected. [Rollcall Vote No. 48 Leg.] Mr. BINGAMAN. Mr. President, pur- The PRESIDING OFFICER. The Sen- YEAS—43 suant to section 904 of the Budget Act, ator from Oklahoma. Akaka Dorgan Levin I move to waive the applicable section Mr. NICKLES. Mr. President, for the Bayh Durbin Lieberman of the act for the purpose of the pend- information of our colleagues, we have Biden Edwards Lincoln ing amendment, and I ask for the yeas Bingaman Feingold four additional rollcalls in this se- Mikulski and nays. Boxer Feinstein Murray quence. The next amendment, I be- Breaux Graham (FL) Nelson (FL) The PRESIDING OFFICER. Is there a lieve, is from the Senator from West Byrd Harkin Pryor sufficient second? Virginia, Mr. BYRD. Cantwell Hollings Reed There is a sufficient second. Carper Inouye Rockefeller The PRESIDING OFFICER. The Sen- Clinton Jeffords The question is on agreeing to the Sarbanes ator is correct. Conrad Kennedy motion. Schumer The Senator from West Virginia. Corzine Kohl The clerk will call the roll. Mr. BYRD. Mr. President, I thank Daschle Landrieu Stabenow Wyden The assistant legislative clerk called the Chair. Dayton Lautenberg Dodd Leahy the roll. AMENDMENT NO. 2804 Mr. MCCONNELL. I announce that NAYS—53 Mr. President, the Senate should en- the Senator from Ohio (Mr. VOINOVICH) sure that delinquent taxpayers pay Alexander Dole Miller is necessarily absent. their fair share of taxes before we cut Allard Domenici Murkowski Mr. DASCHLE. I announce that the Allen Ensign Nelson (NE) vital domestic investments for citizens Baucus Enzi Nickles Senator from South Dakota (Mr. JOHN- who actually pay their taxes. Bennett Fitzgerald Roberts SON), and the Senator from Massachu- With that savings, we can restore the Bond Frist Santorum setts (Mr. KERRY) are necessarily ab- Brownback Graham (SC) spending for our schools, veterans, and Sessions sent. Bunning Grassley Shelby homeland security that is cut by this Burns Gregg I also announce that the Senator Smith Campbell Hagel budget resolution. Snowe from Nevada (Mr. REID) is absent at- Chafee Hatch The Senate should adopt a budget Specter tending a funeral. Chambliss Hutchison resolution that will permit the enact- Cochran Inhofe Stevens The PRESIDING OFFICER. Are there ment of the 13 fiscally disciplined ap- Coleman Kyl Sununu any other Senators in the Chamber de- propriations bills without forcing the Collins Lott Talent siring to vote? Thomas Cornyn Lugar The result was announced—yeas 43, Congress to use gimmicks to meet un- Craig McCain Voinovich realistic spending targets. DeWine McConnell Warner nays 53, as follows: This amendment sets responsible NOT VOTING—4 [Rollcall Vote No. 49 Leg.] limits on discretionary spending for YEAS—43 fiscal years 2005 and 2006, just enough Crapo Kerry Johnson Reid Akaka Dorgan Levin to fund the levels, adjusted for infla- Baucus Durbin Lieberman tion, that were approved by the Con- The amendment (No. 2804) was re- Bayh Edwards Lincoln gress earlier this year. jected. Biden Feingold Mikulski The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, if we Bingaman Feinstein Murray can have order, I believe Senator Boxer Graham (FL) Nelson (FL) ator from Oklahoma. Byrd Harkin BINGAMAN has the next amendment. Pryor Mr. NICKLES. Mr. President, I com- Cantwell Hollings Reed The PRESIDING OFFICER. That is Carper Inouye pliment my colleague from West Vir- Rockefeller Clinton Jeffords correct. There are 2 minutes equally di- Sarbanes ginia. This amendment increases taxes Conrad Kennedy Schumer by $24.5 billion over the next 2 years. vided. Who seeks time? Corzine Kohl The Senator from New Mexico is rec- Daschle Landrieu Stabenow That basically is going to wipe out the Wyden continuation of present law that we ognized. Dayton Lautenberg Dodd Leahy have scheduled for low-income, middle- Mr. BINGAMAN. Mr. President, this income families. I hope our colleagues amendment is straightforward. It NAYS—53 will not support the amendment. would create a 60-vote point of order Alexander DeWine McConnell It also spends most of the money, or against tax legislation that would have Allard Dole Miller Allen Domenici it purports to spend the money, maybe, the effect of forcing more taxpayers Murkowski into having to pay the alternative min- Bennett Ensign Nelson (NE) if the appropriators get it and it is re- Bond Enzi Nickles allocated, and so on. It basically is an imum tax. The point of order would not Breaux Fitzgerald Roberts amendment that would greatly in- lie against tax legislation that extends Brownback Frist Santorum the expiring marriage penalty relief, Bunning Graham (SC) Sessions crease taxes by $24 billion. I urge my Burns Grassley Shelby the 10-percent tax bracket, or the child Campbell Gregg colleagues to vote no on the amend- Smith tax credit, but it would lie against Chafee Hagel ment. Snowe Chambliss Hatch I ask for the yeas and nays. other tax legislation. Specter We have about 3 million people who Cochran Hutchison The PRESIDING OFFICER. Is there a Coleman Inhofe Stevens sufficient second? paid the alternative minimum tax last Collins Kyl Sununu There appears to be. year. It is expected to go up over $30 Cornyn Lott Talent The question is on agreeing to million by 2010. This amendment Craig Lugar Thomas Crapo McCain Warner amendment No. 2804. The clerk will doesn’t fix that, but this amendment call the roll. would keep the situation from getting NOT VOTING—4 The bill clerk called the roll. worse by us passing legislation that Johnson Reid Mr. MCCONNELL. I announce that adds more taxpayers to that group. Kerry Voinovich the Senator from Idaho (Mr. CRAPO) is I think this is a very meritorious The PRESIDING OFFICER. On this necessarily absent. amendment and I urge support for it. vote, the yeas are 43, the nays are 53.

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.029 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2647 Three-fifths of the Senators duly cho- a window. We do not intend to have a McConnell Santorum Stevens Miller Sessions Sununu sen and sworn not having voted in the window. We intend to keep pressing Murkowski Shelby Talent affirmative, the motion is rejected. ahead and those who are next in line Nelson (NE) Smith Thomas The point of order is sustained and the should expect that they would only Nickles Snowe Voinovich amendment falls. have 2 minutes a side to do their Roberts Specter Warner The Senator from Oklahoma. amendments. So when they are pre- NOT VOTING—3 AMENDMENT NO. 2807 paring their presentations, if they Johnson Kerry Reid Mr. NICKLES. Mr. President I be- would understand they would have no The amendment (No. 2807) was re- lieve the next amendment to be voted more than 2 minutes, so we are not jected. on was offered by Senator LIEBERMAN. going back after we finish this round to Mr. NICKLES. Mr. President, I in- The PRESIDING OFFICER. That is some longer explanations of amend- form our colleagues that we are mak- correct. There are 2 minutes equally di- ments. ing great progress. I thank Senator The PRESIDING OFFICER. The yeas vided. Who seeks time? CONRAD and Senator DASCHLE for their The Senator from Connecticut. and nays have been ordered. The Sen- assistance. The next and last amend- Mr. LIEBERMAN. I thank the Chair. ator from Oklahoma. ment we have in the original list of Mr. President, we are a Nation at war. Mr. NICKLES. Mr. President, I will amendments is offered by Senator KEN- It is a war against terrorism. It is a comment on the amendment of my NEDY. war that is being fought abroad and at good friend Senator LIEBERMAN. This I also want to repeat what Senator home. A day or two ago, this Senate amendment would increase taxes by CONRAD said a moment ago. It is our overwhelmingly restored $7 billion to $13.7 billion over the next 5 years. It intention to keep plowing ahead. We the Department of Defense budget, in spends $6.8 billion, or presumes to are making good progress. We are ac- part to assist our military in fighting spend $6.8 billion on homeland secu- cepting some amendments. We may the war against terrorism overseas. At rity. That would be a 40-percent in- have to have a few more rollcall votes home, we have not adequately funded crease over this year. We have already but I hope not too many. the homeland side of the war against provided in the budget a 15-percent in- Senator KENNEDY will be the next in terrorism. We have not adequately crease over last year. the order. funded the Department of Homeland My colleague mentioned defense. We The PRESIDING OFFICER. There Security. This amendment would do just increased defense spending 7 per- are 2 minutes of debate equally di- that: $6.8 billion, $4.4 billion of which cent over last year. Homeland security vided. The Senator from Massachusetts would go to first responders. is 15 percent. I don’t think, frankly, we is recognized. It is outrageous that at this time of can afford 40 percent. I urge my col- AMENDMENT NO. 2725 conflict, there are police and fire de- leagues to vote no on the Lieberman Mr. KENNEDY. Mr. President, in partments all over America that are amendment. higher education, with children from letting firefighters and police officers The PRESIDING OFFICER. The go, just when we need those first re- families earning $15,000, 4.8 million question is on agreeing to amendment children receive Pell grants. That sponders. That is about as foolish as an No. 2807. The yeas and nays have been army laying off soldiers in the middle makes up one-quarter of all the chil- ordered. The clerk will call the roll. dren attending higher education in this of the war. The assistant journal clerk called the The PRESIDING OFFICER. The Sen- country. What we have seen in the last roll. 3 years is the cost of public education ator’s time has expired. Mr. DASCHLE. I announce that the Mr. LIEBERMAN. I ask my col- has increased 26 percent. This amend- Senator from South Dakota (Mr. JOHN- leagues to support the amendment. ment takes the Pell grants from $4,050 SON), and the Senator from Massachu- The PRESIDING OFFICER. Who to $5,100; average increase, $600; aver- setts (Mr. KERRY) are necessarily ab- age increase, 27 percent, just for the in- seeks time? sent. The Senator from Oklahoma. crease on the tuition for public col- I also announce that the Senator Mr. NICKLES. Just to inform our leges. from Nevada (Mr. REID) is absent at- colleagues, we are going to have a vote I refer to the statement made by tending a funeral. on the Lieberman amendment and then President Bush in New Hampshire The PRESIDING OFFICER. Are there on the Kennedy amendment. Then we where he said: any other Senators in the Chamber de- are going to try to organize a bunch of It is a known fact that Pell grant aid sig- siring to vote? other votes. So we are making nificantly affects the ability of children to progress. The result was announced—yeas 40, attend college. I am going to ask Congress to I thank the minority leader and also nays 57, as follows: bolster the Pell grants to $5,100. my colleague Senator CONRAD. We are [Rollcall Vote No. 50 Leg.] That is what this amendment does. It making good progress. We have amend- YEAS—40 is a $5 billion cost offset in terms of the ments on both sides. I know a lot of Akaka Edwards Lieberman deficit reduction paid for by the high- people want to get some of these con- Bayh Feingold Lincoln est taxpayers in the country. Biden Feinstein Mikulski The PRESIDING OFFICER. The Sen- sidered. We are going to move as quick- Boxer Graham (FL) Murray ator from Oklahoma. ly as possible. Let’s get through these Byrd Harkin Nelson (FL) next two votes and then we will see Cantwell Hollings Pryor Mr. NICKLES. I yield to my col- where we go. I urge our colleagues to Carper Inouye Reed league from New Hampshire. Clinton Jeffords Rockefeller expect a late night tonight. We have a Corzine Kennedy Mr. GREGG. Mr. President, I cer- Sarbanes lot of work today. It is possible we Daschle Kohl tainly appreciate the Senator from Schumer Dayton Landrieu could even finish tonight if we all co- Stabenow Massachusetts repeating what was said Dodd Lautenberg in New Hampshire. One thing I said in operate. Dorgan Leahy Wyden The PRESIDING OFFICER. The Sen- Durbin Levin New Hampshire was I don’t believe we ator from North Dakota. should be increasing taxes on the Mr. CONRAD. Very briefly, if we NAYS—57 American public disproportionately. could ask all colleagues who have Alexander Chambliss Fitzgerald This amendment increases taxes by $9.8 Allard Cochran Frist amendments that they still want con- Allen Coleman Graham (SC) billion. It does not necessarily fund the sidered, it would be enormously helpful Baucus Collins Grassley Pell grant program, but in this bill, to us if we could get copies of those Bennett Conrad Gregg under the leadership of Senator NICK- Bingaman Cornyn Hagel amendments. We are trying to work Bond Craig Hatch LES, we have funded the Pell grant. We out as many amendments as we can. Breaux Crapo Hutchison have increased it by almost $1 billion, We need to have the actual amendment Brownback DeWine Inhofe and we continue a large commitment to be able to do that. Bunning Dole Kyl to this program, which is very appro- Burns Domenici Lott One other thing we should say, we Campbell Ensign Lugar priate and which is being undertaken have been asked if there is going to be Chafee Enzi McCain in an aggressive way in the budget as

VerDate jul 14 2003 03:11 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.146 S11PT1 S2648 CONGRESSIONAL RECORD — SENATE March 11, 2004 presented. So I would vote against this to the sense-of-the-Senates very brief, If our country is going to be safer, if tax increase, and mention to the people like 1 minute. we are going to have a stronger econ- in New Hampshire that I continue to I believe Senator FEINSTEIN or Sen- omy, we need to be smarter. This oppose taxes. ator MIKULSKI has one. Senator MIKUL- means public investments in giving Mr. NICKLES. Mr. President, I ask SKI has one, I believe, and we would be families the opportunity to go to col- for the yeas and nays on the amend- happy to consider it. lege will also accrue to our society. ment. The PRESIDING OFFICER. The Sen- We need to invest in human capital. The PRESIDING OFFICER. Is there a ator from Maryland. My amendment will make college af- sufficient second? Ms. MIKULSKI. Mr. President, I say fordable to middle-class families. It There is a sufficient second. The to the chairman, mine is not a sense of will give help to those who practice question is on agreeing to amendment the Senate. Mine is a regular amend- self-help. No. 2725. The clerk will call the roll. ment. Mr. President, I urge my colleagues The assistant legislative clerk called Mr. NICKLES. Mr. President, I apolo- to accept my amendment. gize to my colleague. Yours is a regular the roll. The PRESIDING OFFICER. The Sen- amendment, but we made it deficit- Mr. DASCHLE. I announce that the ator from Oklahoma. neutral, so we are willing to accept Senator from South Dakota (Mr. JOHN- Mr. NICKLES. Mr. President, I com- your amendment. So if you send it to SON) and the Senator from Massachu- pliment my colleague from Maryland. the desk, we will accept it. setts (Mr. KERRY) are necessarily ab- There is no objection to the amend- Ms. MIKULSKI. Thank you very sent. ment on this side. much. Why don’t I just get busy to do I also announce that the Senator The PRESIDING OFFICER. The that? from Nevada (Mr. REID) is absent at- question is on agreeing to amendment AMENDMENT NO. 2820 tending a funeral. No. 2820. Mr. President, it is with enthusiasm The PRESIDING OFFICER. Are there The amendment (No. 2820) was agreed any other Senators in the Chamber de- that I send my amendment to the desk. The PRESIDING OFFICER. The to. siring to vote? clerk will report. Mr. NICKLES. I move to reconsider The result was announced—yeas 44, The assistant journal clerk read as the vote. nays 53, as follows: follows: Ms. MIKULSKI. I move to lay that [Rollcall Vote No. 51 Leg.] The Senator from Maryland [Ms. MIKUL- motion on the table. YEAS—44 SKI], for herself, Mr. LEVIN, Mrs. MURRAY, The motion to lay on the table was Akaka Dodd Leahy Mr. SCHUMER, Mr. REED, Mr. DODD, Mr. LAU- agreed to. Bayh Dorgan Levin TENBERG, Mr. DURBIN, and Mr. BIDEN, pro- Mr. NICKLES. Mr. President, I be- Biden Durbin Lieberman poses an amendment numbered 2820. lieve the Senator from Minnesota, Mr. Bingaman Edwards Lincoln Ms. MIKULSKI. Mr. President, I ask COLEMAN, has an amendment. Boxer Feingold Mikulski Breaux Feinstein Murray unanimous consent that reading of the The PRESIDING OFFICER. The Sen- Byrd Graham (FL) Nelson (FL) amendment be dispensed with. ator from Minnesota is recognized. Cantwell Harkin Pryor The PRESIDING OFFICER. Without Carper Hollings AMENDMENT NO. 2821 Reed Chafee Inouye objection, it is so ordered. Mr. COLEMAN. Mr. President, I have Rockefeller Clinton Jeffords The amendment is as follows: Sarbanes an amendment I send to the desk. Conrad Kennedy (Purpose: To provide a deficit neutral re- Schumer The PRESIDING OFFICER. The Corzine Kohl serve fund to provide a $4,000 tuition tax Stabenow clerk will report. Daschle Landrieu credit) Dayton Lautenberg Wyden The assistant legislative clerk read On page 28, between lines 7 and 8, insert NAYS—53 the following: as follows: Alexander Dole Miller SEC. 304. RESERVE FOR FUNDING OF HOPE The Senator from Minnesota [Mr. COLE- Allard Domenici Murkowski CREDIT. MAN], for himself and Ms. COLLINS, proposes Allen Ensign Nelson (NE) If the Committee on Finance of the Senate an amendment numbered 2821. Baucus Enzi Nickles reports a bill or joint resolution, or an Bennett Fitzgerald Mr. COLEMAN. Mr. President, I ask Roberts amendment thereto is offered or a con- unanimous consent that reading of the Bond Frist Santorum ference report thereon is submitted, that in- Brownback Graham (SC) Sessions creases the Hope credit to $4,000, makes the amendment be dispensed with. Bunning Grassley Shelby The PRESIDING OFFICER. Without Burns Gregg credit available for 4 years, and makes the Smith Campbell Hagel credit refundable, the chairman of the Com- objection, it is so ordered. Snowe Chambliss Hatch mittee on the Budget may revise committee The amendment is as follows: Specter Cochran Hutchison allocations for the Committee on Finance (Purpose: To provide $1.9 billion to increase Coleman Inhofe Stevens Sununu and other appropriate budgetary aggregates the maximum Pell Grant from $4,050 to Collins Kyl and allocations of new budget authority and Cornyn Lott Talent $4,500 by reducing spending in other Fed- Craig Lugar Thomas outlays by the amount provided by that eral government programs, except edu- Crapo McCain Voinovich measure for that purpose, if it would not in- cation programs, by a commensurate DeWine McConnell Warner crease the deficit for fiscal year 2005 or for amount) the total of fiscal years 2005 though 2009. NOT VOTING—3 On page 15, line 16, increase the amount Ms. MIKULSKI. Mr. President, my Johnson Kerry Reid by $1,884,000,000. amendment is very straightforward. It On page 15, line 17, increase the amount The amendment (No. 2725) was re- helps middle-class families continue to by $452,000,000. jected. pursue the American dream. My On page 15, line 21, increase the amount Mr. NICKLES. Mr. President, I move amendment provides for a tuition tax by $1,394,000,000. to reconsider the vote. credit of up to $4,000 to help pay for On page 15, line 25, increase the amount by $38,000,000. Mr. SANTORUM. I move to lay that college. motion on the table. On page 23, line 5, decrease the amount Our colleagues know our middle-class by $1,884,000,000. The motion to lay on the table was families are stressed and stretched. On page 23, line 6, decrease the amount agreed to. They do not know how they can afford by $452,000,000. The PRESIDING OFFICER. The Sen- to send their kids to college. College On page 23, line 10, decrease the amount ator from Oklahoma. tuition is on the rise, but financial aid by $1,394,000,000. Mr. NICKLES. Mr. President, we now is not keeping up. Our students are On page 23, line 14, decrease the amount have two or three sense-of-the-Senates. graduating with so much debt that it is by $38,000,000. I will just tell everybody, Senator like their first mortgage. Mr. COLEMAN. Mr. President, I want CONRAD and I have decided we are not We believe the benefits of education to associate myself with the comments going to have any rollcalls on sense-of- accrue to the individual. We believe of my colleague from Maryland regard- the-senates, at least that is not our in- that college is important to families. ing higher education, and my colleague tention. We are willing to agree to a But it is also important to our econ- from Massachusetts in regard to Pell couple as long as they will keep debate omy. grants.

VerDate jul 14 2003 04:27 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.148 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2649 We need to support our students. Pell The assistant journal clerk read as funding plan for port security that permits grants are now at $4,050. This amend- follows: funding over multiple years for such projects. ment will move the maximum grant to The Senator from California [Mrs. FEIN- $4,500. STEIN], for herself, Mr. HOLLINGS, Mr. The PRESIDING OFFICER. Is there The cost of this amendment is $1.9 CORZINE, Mr. BREAUX, Mr. SCHUMER, Mr. further debate on the amendment? The billion. It is paid for by reducing spend- DODD, Mr. BIDEN, Ms. MIKULSKI, Mrs. MUR- question is on agreeing to amendment RAY, Mr. GRAHAM of Florida, and Ms. COL- ing in other Federal programs, except No. 2753. LINS, proposes an amendment numbered 2753. education, by a commensurate amount. The amendment (No. 2753) was agreed Mr. CONRAD. Mr. President, I ask This is the kind of investment we to. unanimous consent that reading of the have to make. This is good for our The PRESIDING OFFICER. The Sen- amendment be dispensed with. ator from North Dakota. country. It is good for our young peo- The PRESIDING OFFICER. Without ple. It is good for our future. I urge my Mr. CONRAD. Mr. President, the next objection, it is so ordered. amendment is an amendment by Sen- colleagues to accept the amendment. The amendment is as follows: The PRESIDING OFFICER. The Sen- ator DASCHLE on the Indian Health (Purpose: To express the sense of the Senate Service. ator from North Dakota. regarding funding for port security) AMENDMENT NO. 2774 Mr. CONRAD. Mr. President, we are On page 54, after line 22, insert the fol- going to accept this amendment on lowing new section: Mr. DASCHLE. Mr. President, I have this side, but I do want to indicate, SEC. 510. SENSE OF THE SENATE REGARDING an amendment No. 2774. there is no new money here. This is FUNDING FOR PORT SECURITY. The PRESIDING OFFICER. The cutting other programs across the (a) FINDINGS.—The Senate makes the fol- clerk will report. board to fund this priority. It is impor- lowing findings: The assistant journal clerk read as (1) In the United States, the system of follows: tant to understand there is no new maritime commerce, including seaports and The Senator from South Dakota [Mr. money here. But with that, we accept other ports, is a critical element of the DASCHLE], for himself, Mr. DORGAN, Mrs. the amendment on our side. United States economic, social, and environ- MURRAY, Mr. BINGAMAN, Mr. JOHNSON, Mr. The PRESIDING OFFICER. Is there mental infrastructure. WYDEN, Ms. STABENOW, Mr. AKAKA, Ms. further debate? (2) In 2001, ports in the United States han- CANTWELL, Mr. INOUYE, and Mr. REID, pro- dled approximately 5,400 ships, the majority The question is on agreeing to poses an amendment numbered 2774. amendment No. 2821. of which were owned by foreign persons and Mr. DASCHLE. Mr. President, I ask The amendment (No. 2821) was agreed crewed by nationals of foreign countries, unanimous consent that reading of the to. that made a total of more than 60,000 calls at such ports. amendment be dispensed with. The PRESIDING OFFICER. The Sen- (3) In a typical year, more than 17,000,000 The PRESIDING OFFICER. Without ator from Oklahoma. cargo containers are handled at ports in the objection, it is so ordered. Mr. NICKLES. Mr. President, I be- United States. The amendment is as follows: lieve the Senator from California, Mrs. (4) Maritime commerce is the primary mode of transportation for international (Purpose: To create a reserve fund to allow FEINSTEIN, has a sense-of-the-Senate for an increase in Indian Health Service resolution. trade, with ships carrying more than 80 per- cent of such trade, by volume. Clinical Services by $3.44 billion and lower Mr. CONRAD. Mr. President, I yield 2 the national debt by eliminating abusive minutes to the Senator from Cali- (5) Disruption of trade flowing through United States ports could have a cata- tax loopholes or reducing tax breaks for in- fornia. strophic impact on both the United States dividuals with incomes in excess of $1 mil- The PRESIDING OFFICER. The Sen- and the world economies. lion per year) ator from California is recognized for 2 (6) In addition to the economic importance On page 3, line 9, increase the amount by minutes. of United States ports, such ports form a $6,123,000,000. On page 3, line 10, increase the amount by AMENDMENT NO. 2753 critical link in the United States national $688,000,000. Mrs. FEINSTEIN. Mr. President, this security structure, and are necessary to en- sure that United States military material On page 3, line 11, increase the amount by is amendment No. 2753, on behalf of can be effectively and quickly shipped to any $69,000,000. Senators HOLLINGS, BREAUX, DODD, location where such material is needed. On page 3, line 17, increase the amount by CORZINE, SCHUMER, BIDEN, MIKULSKI, (7) Terrorist groups, including extremist $6,123,000,000. On page 3, line 18, increase the amount by MURRAY, GRAHAM of Florida, and COL- groups such as al Qaeda, are likely to con- sider, formulate, and execute plans to con- $688,000,000. LINS. On page 3, line 19, increase the amount by This amendment does not cost. It is a duct a terrorist strike against one or more of the ports in the United States. $69,000,000. sense of the Senate, and it essentially On page 4, line 20, increase the amount by (8) Terrorists have conducted attacks $6,123,000,000. would allow large ports that need to against maritime commerce in the past, in- On page 4, line 21, increase the amount by produce security to do this through cluding the October 2002 attack on the multiyear contracting or letters of in- $688,000,000. French oil tanker LIMBERG and the October On page 4, line 22, increase the amount by tent. There is a real problem in going 2000 attack on the USS COLE in Yemen. $69,000,000. year by year with budget funds for port (9) It is critical that port security be en- On page 5, line 3, decrease the amount by security. The port of Los Angeles-Long hanced and improved through the adoption $6,123,000,000. Beach is 15 miles long. They are the of better formulated security procedures, the On page 5, line 4, decrease the amount by adoption of new regulations and law, and in- $6,811,000,000. second and third largest ports in the vestment in long-term capital improvements Nation. It simply cannot do what is On page 5, line 5, decrease the amount by to the structure of the United States most $6,880,000,000. necessary to be done to secure the port critical ports. On page 5, line 6, decrease the amount by unless there is some form of multiyear (10) Effective funding to provide adequate $6,880,000,000. funding agreement. This amendment security at United States ports requires a On page 5, line 7, decrease the amount by would allow that to take place, at least commitment to provide Federal funds over $6,880,000,000. in terms of voicing the Senate’s view. multiple years to fund long-term capital im- On page 5, line 11, decrease the amount by I thank the Chair. provement projects. $6,123,000,000. (b) SENSE OF THE SENATE.—It is the sense The PRESIDING OFFICER. The Sen- On page 5, line 12, decrease the amount by of the Senate that— $6,811,000,000. ator from North Dakota. (1) the budget of the United States should On page 5, line 13, decrease the amount by Mr. CONRAD. Mr. President, we provide adequate funding for port security $6,880,000,000. think this is an excellent amendment projects and not less than the amount of On page 5, line 14, decrease the amount by that will enhance port security. We such funding that is adequate to implement $6,880,000,000. know we have a problem with port se- an effective port security plan; On page 5, line 15, decrease the amount by curity. The Senator has come up with a (2) the implementation of the budget of the $6,880,000,000. creative contribution. We urge our col- United States should permit the provision of At the end of Title III, insert the following: Federal funds over multiple years to fund SEC. . RESERVE FUND FOR INDIAN HEALTH leagues on both sides to accept this long-term security improvement projects at SERVICE CLINICAL SERVICES. amendment. ports in the United States; and The Chairman of the Committee on the The PRESIDING OFFICER. The (3) the Secretary of Homeland Security Budget of the Senate shall revise the aggre- clerk will report. should, as soon as practicable, develop a gates, functional totals, allocations to the

VerDate jul 14 2003 03:11 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.151 S11PT1 S2650 CONGRESSIONAL RECORD — SENATE March 11, 2004 Committee on Appropriations of the Senate, budget. Its budget has consistently Mr. President, that is just not ac- discretionary spending limits, and other ap- grown at a far slower rate than the rest ceptable. My friends on the other side propriate levels and limits in this resolution of the HHS budget. That means that may be willing to offer that excuse, but by up to $3,440,000,000 in budget authority for fiscal year 2005, and by the amount of out- the health system with the sickest peo- I am not. And they can no longer claim lays flowing therefrom in 2005 and subse- ple and the greatest need gets the that they ‘‘didn’t know’’ how bad In- quent years, for a bill, joint resolution, mo- smallest increases. That just doesn’t dian Country’s health care crisis truly tion, amendment, or conference report that add up. is. So we are trying again this year. We provides additional fiscal year 2005 discre- In per capita terms, the United are offering the Senate a chance to fi- tionary appropriations, in excess of levels States spends about $5000 per year on nally right this indefensible wrong. provided in this resolution, for Indian Health health care for the general U.S. popu- Service clinical services, included in this res- lation. Contrast that with what the In- Our amendment would create a re- olution for the Department of Health and serve fund to allow a $3.44 billion in- Human Services. dian Health Service spends per capita on health services for Native American crease in IHS clinical services. This is Mr. DASCHLE. Mr. President, last men, women, and children: about $1900 not enough to provide health care serv- week’s Congress Daily included a story per year. To put that in further per- ices to every eligible American Indian that still troubles me deeply and gets spective, you should know that’s one- and Alaska Native. It would, however, at the heart of why I am offering this half of what the Government spends provide sufficient funds to serve the amendment. current IHS user population—the peo- HHS Secretary Tommy Thompson, in per capita on Federal prisoners’ health care—$3800. The U.S. Government ple who currently depend on the Indian response to a question about why the Health Service for their care. Bush administration is providing fund- spends twice as much on Federal pris- ing for universal health care in Iraq, oners’ health care as it spends on Na- The cost of this amendment, along but not in America, replied: tive Americans’ health care. with additional deficit reduction, is The result: American Indians live Even if you don’t have health insurance in fully offset by eliminating abusive tax America, you get taken care of. That could sicker and die younger than every loopholes or reducing tax breaks for in- be defined as universal health care. other ethnic group. This has created dividuals with incomes over $1 million I don’t think Secretary Thompson is what the U.S. Commission on Civil per year. And don’t be fooled by prom- callous, so he must be desperately out Rights calls a ‘‘quiet crisis.’’ Care is ra- ises made in a competing amendment of touch. Either way, it’s shocking to tioned in Indian Country through the to make unspecified cuts in domestic hear the nation’s top health care offi- use of a literal ‘‘life or limb’’ test. In discretionary spending. cial claim that America has universal many cases, you are denied care, or care is delayed, unless you are at risk That amendment does nothing to health care. raise the Appropriations Committee’s More than 43 million Americans are of immediate loss of your life or a budget allocation, and does nothing to uninsured. According to the National limb. put additional money in the IHS clin- Institute of Medicine, uninsured Amer- Secretary Thompson should come to ical services account. That funding icans who access emergency rooms or Indian Country to hear some of the sto- isn’t real, and those promises are free clinics get about half the medical ries I hear when I talk to people on the empty. At best, it would rob Peter to care of those with health insurance— Cheyenne River Indian Reservation or pay Paul. they live sicker and die sooner than in Pine Ridge or at the Sioux San Hos- those with insurance. Approximately pital in Rapid City. Secretary Thomp- If America can afford to spend bil- 18,000 Americans die unnecessarily son, there is no universal health care lions of dollars building hospitals and each year because of lack of health in Indian Country. Just ask anyone providing health care in Iraq, we can care. And the problem isn’t just unin- who lives there. Secretary Thompson afford to honor our treaty obligation to sured Americans. Millions more Ameri- should apologize to Native Americans provide health care for American Indi- cans are under-insured. for his comments. More than that, he ans. There are 2.5 million Native Ameri- should make a commitment to fight for the funds the Indian Health Service I realize we have obligations around cans in this country who—theoreti- the world. But we also have obligations cally—have insurance. All too often, needs to meet its obligations. Democrats tried repeatedly last year here at home. Millions of Americans they get abysmal health care—or none want to know, when is it their turn? at all. America is obligated—by law to persuade our colleagues to fully fund at least one part of the Indian Health When do we start paying attention to and by treaty—to provide free health their needs? When do we take care of care for American Indians—a commit- Service budget: clinical services. They our own? We don’t have universal ment we made to Indian people when refused, repeatedly. Last year, several health care in America, despite what the U.S. Government took their lands. of my Republican colleagues came to Secretary Thompson thinks. And we America is not honoring that commit- the floor to say: ‘‘You’re right—the certainly don’t have universal health ment. Native Americans suffer higher health care situation in Indian country care in Indian Country. This amend- rates of many serious illnesses—includ- is abysmal, and it’s unfair. Indian peo- ment gives us the chance to offer In- ing diabetes, heart disease, and Sudden ple do deserve better, but we just can’t dian people the bare minimum of serv- Infant Death Syndrome—than the rest afford it. We can afford tax cuts for the ices that most of us take for granted of the population. Yet Indian Health wealthy elite, and we can afford bil- and would consider essential. I hope we Service funding is wholly inadequate. lions on Iraq, but we can’t afford to The Indian Health Service makes up give Native Americans the health care don’t waste it. only one-half of one percent of the HHS we’ve promised them.’’ I yield the floor.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 04:46 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 8633 E:\CR\FM\A11MR6.038 S11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E339 EXTENSIONS OF REMARKS

IMPROVEMENTS TO THE SUMMER mission. It was the first awarding of landmark Bob’s achievements and accomplishments FOOD SERVICE PROGRAM status in southeast Los Angeles County in 10 speak to his tremendous love and respect for years. The Hay Tree joins 1,100 landmarks his community, friends, and family. I know he HON. DARLENE HOOLEY throughout California, only 11 of which are will be remembered by all those he touched. OF OREGON also trees. Our children are receiving a better education According to the Office of Historic Preserva- because of his long effort, for which we are IN THE HOUSE OF REPRESENTATIVES tion, an object must meet one of the following deeply grateful. Wednesday, March 10, 2004 criteria to be eligible for landmark status: It f must be considered the first, last or only one Ms. HOOLEY of Oregon. Mr. Speaker, SPIKE IN METAL PRICES—WHAT of its kind in the state or region, or it must be across the Nation, rates of hunger and food DOES IT MEAN FOR SMALL MAN- connected to a person or group having a sig- insecurity are on the rise. Since 1999, food in- UFACTURES security has increased by 3.9 million individ- nificant influence in California history. uals: 2.8 million adults and more than 1 million The towns of Hynes and Clearwater—which ´ children. would later incorporate together as Para- HON. LINDA T. SANCHEZ The Federal Government, through child nu- mount—were the hub of the southern Cali- OF CALIFORNIA trition programs, has the opportunity to help fornia dairy country and became the world’s IN THE HOUSE OF REPRESENTATIVES dramatically lower the incidents of childhood largest hay market. The alfalfa was shipped in Wednesday, March 10, 2004 hunger, giving all children a chance to grow, from as far away as Arizona and Montana. Ms. LINDA T. SA´ NCHEZ of California. Mr. develop, and succeed in the classroom and Each day’s median hay price was quoted in Speaker, today Chairman MANZULLO and beyond. Despite the educational and nutri- major newspapers as the national and inter- Ranking Member VELA´ZQUEZ held an impor- tional benefits of the Summer Food Service national standard. It was under the Hay tant hearing for the small business. The hear- Program (SFSP), the large majority of stu- Tree—an informal gathering place for truckers, ing focused on the increase in steel prices. dents who could qualify for and benefit from farmers and workers—that the representatives Consumers of Steel expected that the re- these programs are not being served. Cur- from the area lots would compare notes and moval of the tariffs by President Bush in De- rently, only 15% of Free School Lunch Kids come up with the composite price figure. cember would decrease the price of steel and participate in the summer programs. The Hay Tree still holds sway over increase steel imports. However, this did not This legislation, designed to improve the Paramount’s newest addition—Civic Center happen. For the past 2 months the price of Summer Food Service Program, would en- Plaza, and will be the focal point of the new steel has increased approximately by 30 per- courage additional sponsors to participate in Plaza and Botanical Garden. A small park, set cent. the SFSP by directing the Secretary of Agri- aside as open space in perpetuity, will sur- The continuing increase in steel prices af- culture to make competitive start-up grants of round the graceful camphor, signifying its sen- fects many parts of the economy, but particu- no more than $5 million per fiscal year for the timental and historical standing in town. larly small manufacturing companies who buy 10 States with the least amount of sponsor Paramount’s oldest banner, the Hay Tree, is their steel at market price. These small com- participation. Further, it would increase child one of California’s finest monuments—it panies have not only been dealing with the in- participation by requiring that 40 percent, rath- speaks praise without boasting and will be a crease in steel prices, they are now facing er than the current levels of 50 percent, of the blessing to all for years to come. shortages in steel products. With these factors children served by the SFSP in a region come f combined, it is virtually impossible for small from families below the 185 percent poverty manufacturers to survive. level. TRIBUTE TO BOB MAIER I would like to share a story of a constituent These modest changes will make an enor- of mine who has been dealing with this crisis. mous difference to the over 13 million food-in- HON. JAY INSLEE Argo Springs Manufacturing Company, located in Norwalk, CA, is a family company that has secure children across the Nation who would OF WASHINGTON been in business for almost 40 years. They benefit from a reliable source of healthy food IN THE HOUSE OF REPRESENTATIVES to grow, develop, and succeed in the class- produce numerous products from springs to Wednesday, March 10, 2004 room and beyond. compression coils. Their customers range from the commercial and aerospace industry f Mr. INSLEE. Mr. Speaker, I pay tribute today to a dedicated veteran, father, teacher, to military agencies. PARAMOUNT—‘‘HAY TREE’’ advocate, musician, and athlete. His leader- Argo Springs currently employs 70 people, ship and courage touched many lives, includ- but with the sudden increase in prices and HON. LINDA T. SA´ NCHEZ ing my own, and it is my great honor to recog- shortages in steel, it has become difficult for nize and commemorate this extraordinary the company to compete in the manufacturing OF CALIFORNIA market. Randy Fox, vice president of Argo, IN THE HOUSE OF REPRESENTATIVES man. Robert B. Maier, was a model American cit- told me and I quote, Wednesday, March 10, 2004 izen. He served in the U.S. Navy after grad- On February 15, I bought steel at 34 cents ´ a pound, but by March 2 the price of steel Ms. LINDA T. SANCHEZ of California. Mr. uating high school. Later, he taught American had increased by 59 cents. I am worried that Speaker, nearly 75 years ago, farmers gath- Studies and English at Mercer Island High the company will have to start laying-off ered beneath the soaring camphor and de- School. A staunch advocate for public school workers and eventually go out of business. pending on the weather and production level, and school employees, Bob worked in Wash- I’m not sure the company will outlast the set the price of hay around the world. ington State Capitol for 20 years. At the time crisis. The Hay Tree, a 50-foot-high camphor, of his death, he was chief lobbyist and director This story highlights the true impact of this thought to be more than 100 years old—is of public policy for the Washington Education crisis on small business owners. I am worried considered one of the few remnants of the Association. that if this crisis is not resolved, many small once-thriving dairy and hay industry that ruled Beyond these accomplishments, one of the manufacturing companies like Argo Springs southeastern Los Angeles County and North- most important things about Bob was his en- will not be able to continue doing business. western Orange County. From the 1920s thusiasm for life. Anyone could see it in the This is unacceptable. through the 1950s this area was called ‘‘The way he was always learning new things. He After talking to my constituent, Randy Fox, Hay Capital of the World.’’ loved to play basketball and music. He read one thing is apparent to me—we need to do The Paramount Hay Tree has recently been books and solved cross-word puzzles. He took something about this crisis in the steel indus- named the latest historical landmark in Cali- leadership roles in his community. He was a try. Small businesses are the economic back- fornia by the State Historical Resources Com- contributor. bone of our Nation. It is imperative that we

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

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.001 E11PT1 E340 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 create a viable and reasonable economic envi- pro-democracy activists. In a sham trial, Dr. process, equal educational opportunities for ronment for them to maintain their businesses Mila´n Ferna´ndez was sentenced to 13 years Hispanic children, or the rights of women and and grow. in the totalitarian gulag. full inclusion in American society, is a testi- f The U.S. State Department’s 2003 Country mony that it is an organization that will forever Reports on Human Rights Practices describes address those issues that impact the lives and TRIBUTE TO SHIRLEY RECTOR conditions in the totalitarian gulag as future of all Hispanic Americans. I commend . . . harsh and life threatening. . . . police LULAC on its 75 years of service and the in- HON. JAY INSLEE and prison officials often . . . beat, ne- numerable contributions it has made to our glected, isolated, and denied medical treat- OF WASHINGTON ment to detainees and prisoners, including Hispanic community and our country as a IN THE HOUSE OF REPRESENTATIVES those convicted of political crimes or those whole. Wednesday, March 10, 2004 who persisted in expressing their views . . . f Detainees and prisoners, both common and Mr. INSLEE. Mr. Speaker, it is with great political, often were subjected to repeated, PERSONAL EXPLANATION sorrow that I rise on the House floor to mourn vigorous interrogations designed to coerce the passing of one of my past colleagues and them into signing incriminating statements, HON. JOSEPH M. HOEFFEL personal friends. Although we all feel great to force collaboration with authorities, or to OF PENNSYLVANIA loss with her passing and it is difficult to ex- intimidate victims. Some endured physical IN THE HOUSE OF REPRESENTATIVES press grief for her family and all those who and sexual abuse, typically by other inmates with the acquiescence of guards, or long peri- Wednesday, March 10, 2004 knew her, I would like to offer this tribute as ods in punitive isolation cells. Mr. HOEFFEL. Mr. Speaker, I was absent a celebration of her many accomplishments. Dr. Mila´n Ferna´ndez is a brilliant example of for three votes on Tuesday, March 9, 2004 Representative Shirley J. Rector was a the heroism of the Cuban people. No matter due to a family illness. Had I been present, I woman of spirit and principle. As one of the how fierce the repression, no matter how bru- would have cast my votes as follows: Rollcall first women to work at Kaiser Aluminum, she tal the consequences of a dignified struggle No. 42 (H. Res. 519), ‘‘aye’’; Rollcall No. 43 took the bull by the horns and was elected as for freedom, the prisons of Cuba are full of (H. Res. 392), ‘‘aye’’; Rollcall No. 44 (H. Res. Steelworkers Union Local 338 legislative edu- men and women of all backgrounds and ages 475), ‘‘aye.’’ cation chair and recording secretary. Even at who represent the best of the Cuban nation. f that time, her dedication to making the world Thousands languish in the gulag because they a better place was clear. refuse to accept the current reality of night- A PROCLAMATION RECOGNIZING Shirley was committed to public service. marish oppression in Cuba today. CARR-BAILEY AMERICAN LEGION She was vice chair of the Democratic Central Mr. Speaker, Dr. Mila´n Ferna´ndez is lan- POST NO. 519 Committee. I am honored to have been her guishing in the horror of the totalitarian gulag colleague when she served as a member of because he believes in freedom for the people HON. ROBERT W. NEY the State of Washington House of Represent- of Cuba. My Colleagues, we must demand the OF OHIO atives where she was instrumental in passing immediate release of Luis Mila´n Ferna´ndez IN THE HOUSE OF REPRESENTATIVES legislation for both the Shared and Family and every prisoner of conscience suffering in Wednesday, March 10, 2004 Leave Acts. She was also on the SIRTI Higher the indescribable gulags of the nightmare Mr. NEY. Mr. Speaker: Education Board and was co-founder of the called the Castro regime. Women Helping Women Fund. No one who Whereas, Carr-Bailey American Legion Post f was there will ever forget her speech which No. 519 of Mineral City is recognized for sup- electrified the House concerning family and RECOGNIZING THE ACHIEVEMENTS porting American forces in Iraq; and medical care. OF LULAC ON ITS 75TH ANNIVER- Whereas, Carr-Bailey Post No. 519 has I am humbled by these accomplishments SARY upheld their Congressional mandate to sup- and I am assured that her legacy of strong in- port veterans and active-duty members of the volvement in government and community has HON. HILDA L. SOLIS United States armed forces by providing care touched the lives of many. packages to the brave men and women serv- OF CALIFORNIA ing in Iraq; and f IN THE HOUSE OF REPRESENTATIVES Whereas, Carr-Bailey Post No. 519 has FREEDOM FOR LUIS MILA´ N Wednesday, March 10, 2004 demonstrated patriotic and faithful dedication ´ FERNANDEZ Ms. SOLIS. Mr. Speaker, I rise today to to those fighting for liberty and freedom at honor the League of United Latin American home and around the world; HON. LINCOLN DIAZ-BALART Citizens as it celebrates its 75th year of ad- Therefore, I join with the residents of Tuscarawas County and the entire 18th Con- OF FLORIDA vancing the economic condition, educational gressional District in commending Carr-Bailey IN THE HOUSE OF REPRESENTATIVES attainment, political influence, health and civil rights of Hispanics in the United States. American Legion Post No. 519 for continued Wednesday, March 10, 2004 LULAC’s founding 75 years ago signaled support of our American troops overseas. Mr. LINCOLN DIAZ-BALART of Florida. Mr. the end of one era and the beginning of an- f Speaker, I rise today to speak about Luis other. For decades, the Hispanic community CONGRATULATING LAKE HIGH- Mila´n Ferna´ndez, a political prisoner in totali- had been engulfed in an environment of in- LANDS HIGH SCHOOL ON ITS tarian Cuba. equality, discrimination and injustice. The cre- 40TH ANNIVERSARY Dr. Mila´n Ferna´ndez is a medical doctor by ation of an institution like LULAC initiated a profession. He chose to dedicate his life to positive change in the future direction of the HON. JEB HENSARLING healing people; but, Dr. Mila´n Ferna´ndez real- Hispanic community as it embodied the will of OF TEXAS ized that the people of Cuba are in need of a people to overcome these barriers to social IN THE HOUSE OF REPRESENTATIVES freedom as well as medicine. In June, 2001 inclusion and civic participation and claim their he signed the Manifesto 2001, a document rights as U.S. citizens, to access the American Wednesday, March 10, 2004 that protested the lack of basic freedoms in dream. Mr. HENSARLING. Mr. Speaker, today, I Cuba. Today, LULAC represents Hispanics in most would like to extend my warmest congratula- Dr. Mila´n Ferna´ndez continued to advocate parts of the United States, as well as Puerto tions to Lake Highlands High School in Dallas, for freedom for every Cuban when he joined Rico and Guam. It also serves as a corner- TX, on the occasion of their 40th anniversary. the Independent Medical Association of stone for some of the most successful His- Education is one of the most important Santiago. According to Amnesty International, panic national organizations. For example, issues facing the future of our great Nation. If he also joined fellow health professionals in a LULAC formed the American GI Forum to ad- America is to continue to be the leader of the one-day hunger strike to call attention to the dress the rights of Hispanic veterans. LULAC modern world, we must offer a solid edu- medical situation and other issues pertaining also helped to create the Mexican American cational foundation for our citizens. To suc- to the lack of freedom in totalitarian Cuba. Legal Defense and Education Fund to function ceed in school and life, every student needs a Because of his commitment to freedom for as the legal arm of the Hispanic community. basic set of skills. They need to listen atten- Cuba, Dr. Mila´n Ferna´ndez was a victim of the LULAC’s record of activism, whether fighting tively, speak persuasively, read with under- dictator’s brutal March 2003 crackdown on for voting rights and full access to the political standing, and write with command.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.003 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E341 Over the past 40 years, Lake Highlands TRIBUTE TO RAYMOND B. diversion program designed to keep troubled High School has maintained a commitment to WINGERD, SAN BERNARDINO youth out of the justice system. academic, athletic and artistic excellence and COUNTY CHIEF PROBATION OFFI- Throughout his career, Chief Wingerd has community service. Lake Highlands High CER been active in probation officer groups, serv- School has produced 17 National Merit Final- ing as president of the Chief Probation Offices of California in 1998 and 1999, and most re- ists in the last 2 years alone, along with dis- HON. JERRY LEWIS cently as a Probation Committee Member of trict championships in nearly every athletic OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the American Correctional Association. He is a competition offered. board member of Everest College and San Wednesday, March 10, 2004 Since I was elected to Congress, I have vis- Bernardino Communities Against Drugs. ited Lake Highlands High School many times. Mr. LEWIS of California. Mr. Speaker, I Mr. Speaker, the dedication of Chief Ray- Clearly, Lake Highlands High School is an in- would like today to pay tribute to Raymond B. mond Wingerd continues to this day, as he stitution dedicated to offering students a well- Wingerd, who is retiring after 36 years of pub- has agreed to continue his service as interim lic service in the San Bernardino County Pro- rounded education and an opportunity to be- chief until a new head of the department can bation Department, helping those who have be recruited. Please join me in thanking him come genuine leaders. paid their debt to society return to a normal for his many years of public service and wish- As the Congressman for the Fifth Congres- life. ing he and his wife Linda well in their future sional District of Texas, I am very proud to Just months after his graduation from Up- endeavors. represent Lake Highlands High School, it’s land College, Raymond Wingerd joined the f teachers and it’s students. I would like to offer county probation department as a Probation HONORING THE 25TH ANNIVER- my congratulations to their administrators, Officer I, and with the exception of an 18- month stint as a teacher in Zimbabwe, has SARY OF K&A CRYLICS INC. alumni, coaches, students, and parents on this been with the department ever since. momentous occasion and best wishes for their Showing promise as a manager of others, continued success. HON. BART GORDON Wingerd moved up to a supervising probation OF TENNESSEE officer in 1972, and 5 years later to assistant IN THE HOUSE OF REPRESENTATIVES f director of the juvenile division, managing the intake, investigations and transportation sec- Wednesday, March 10, 2004 CONGRATULATING THE UNIVER- tions. He was named a year later as Director Mr. GORDON. Mr. Speaker, I rise today to SITY OF ILLINOIS FIGHTING of Special Services, overseeing the depart- honor the 25th anniversary of K&A Crylics Inc. ILLINI MEN’S BASKETBALL ment’s community resources, training, victim The company will honor its customers, ven- TEAM advocacy and work sentencing programs. One dors and employees at a March 18 luncheon year after that he became director of the de- when it will also donate $25,000 to five com- partment’s Verdemont Boys Ranch, a long- munity organizations in Wartrace, Tennessee. HON. TIMOTHY V. JOHNSON term program that focused on family coun- Brothers Kevin and Allen Wright founded OF ILLINOIS seling to help troubled youths turn their lives K&A in their hometown of Wartrace in 1980. around. The company, a leading national supplier of IN THE HOUSE OF REPRESENTATIVES In 1982, Wingerd was promoted to be the acrylic and plastic store fixtures and displays, Wednesday, March 10, 2004 Division Director in charge of Juvenile Hall, has grown from a two-man operation working three residential treatment institutions, clinical out of an old store front to a larger, modern fa- Mr. JOHNSON of Illinois. Mr. Speaker, I rise services and food services for 400 delinquent cility with 65 employees. today to honor a truly remarkable group of youth. By this time, he was managing 300 em- In addition to being a major employer in young athletes. The University of Illinois Fight- ployees and handling an $11.7 million budget. Wartrace, K&A improves the lives of those in ing Illini Men’s Basketball Team has had a He became the Central Services Division Di- the community in many ways. At the luncheon, memorable 2003–2004 season ending March rector in 1988, overseeing adult and juvenile for example, K&A will donate $5,000 to each court investigations and field supervision of of the following organizations: Cascade 7 with the winning of their first outright Big Ten 4,000 offenders. schools, the Wartrace Volunteer Fire Depart- Conference title in 52 years. Raymond Wingerd was named Chief Proba- ment, the Wartrace Chamber of Commerce, Having won regular season Big Ten co- tion Officer for the county in 1994, overseeing the Wartrace Parks and Recreation Depart- championships in 3 of the last 4 years, the a staff of 1,200 and a $98 million annual ment and the town of Wartrace. The funds will pressure was on this young team and first budget, and has served in that position until be used for education, fire equipment up- year coach Bruce Weber to continue this his retirement. During his tenure, Chief grades, permanent historical building markers, championship success. After starting the Big Wingerd has led the planning and construction upgrades to the Wartrace gym and renovation of new juvenile facilities in the county’s West Ten Conference season with a record of 3–3 of the historic Wartrace rock jail. Valley and the High Desert—decentralizing I congratulate K&A for reaching this mile- and losing its first two road games, some and modernizing the department’s approach to stone. The company should be proud of its began to doubt that this success would con- juvenile detention. service to both its national customer base and tinue. However, credit must be given to Coach During his years in top management in the the local community. May K&A’s next 25 years Weber and his staff and the unbelievable de- department, Chief Wingerd has helped create be as prosperous and successful as its first 25 termination put forth by a team with only one a series of youthful offender programs that years. senior, as the Illini concluded their season by have seen many innovative programs put in f winning ten straight conference games, of place in San Bernardino County. The depart- which six were on the road. I look forward to ment partners with county schools and the REPUBLICANS HAVE FOCUSED ON RESULTS more Illini victories this weekend in the Big U.S. Forest Service to provide a 90-day inten- Ten Conference Tournament and later in the sive outdoor work program as an early inter- vention resource. The Youth Justice Center NCAA Basketball Championship Tournament HON. MARIO DIAZ-BALART brings together schools, probation, public, and and wish them continued success. OF FLORIDA mental health and community-based organiza- IN THE HOUSE OF REPRESENTATIVES Coach Bruce Weber, his staff, and the en- tions to provide a day-reporting program for Wednesday, March 10, 2004 tire University of Illinois men’s basketball team youths on probation—a model used by the are a great source of pride for their University, state legislature to create a statewide pro- Mr. MARIO DIAZ-BALART of Florida. Mr. the Champaign-Urbana community and the gram. There are now 12 Youth Accountability Speaker, since I was elected to Congress, I 15th District of Illinois. I urge my colleagues to Boards made up of citizens who help make have heard endless rhetoric from those on the join me in congratulating Coach Weber and dispositional decisions for first-time offenders. other side of the aisle about the economy, tax The National Association of Counties gave cuts and the deficit. Unfortunately, when the the entire 2003–04 Fighting Illini Men’s Bas- national recognition to two projects created by political fog clears, it appears that our Demo- ketball team. Wingerd in the 1980s: A Regional Youth Edu- cratic friends are more concerned with rhetoric cation Facility with 40 beds, and a wilderness than they are with results.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.009 E11PT1 E342 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 Democrats have come to the floor and spo- by the death tax and middle-income parents selected as the recipient of the United States ken about an ‘‘exploding deficit’’ that will are not affected by the adoption tax credit. It Department of Labor’s Opportunity Award. ‘‘haunt our children for years to come.’’ One also appears that they have forgotten that the Each year, the Secretary of Labor selects one Democrat has even referred to the deficit as President’s tax relief took millions of low-in- Federal contractor as the recipient of this high ‘‘immoral.’’ come Americans off the tax rolls all together. honor. It is given to the company which has However, their record speaks much larger Democrats have also claimed that the tax most clearly exemplified that they have estab- than their endless rhetoric. For example, the relief passed by this Congress will create no lished and instituted comprehensive workforce Democrats have proposed approximately $890 stimulus for jobs. It is clear that economic de- strategies to ensure equal employment oppor- billion in alternatives to major legislation con- velopments have silenced that argument, but it tunity. On February 19, the Secretary of Labor sidered on the House floor last year. This is important to highlight why. According to the presented this award to SCANA officials in would have added almost one trillion dollars to Department of Commerce, three million fewer what was a very impressive ceremony. the deficit. But before the chamber could Americans would be working today if the tax The nominees for the Opportunity Award clear, I am sure those Democrats were back relief plan were not signed into law. Gross Do- must be Federal contractors covered by Exec- on the floor yelling about deficit levels. mestic Product would also be as much as 3.5 utive Order 11246, Section 503 of the Reha- During the Fiscal Year 2004 Budget Resolu- to 4% lower by the end of 2004. bilitation Act, and the Vietnam Era Veterans’ tion, Democrats had another great opportunity How can Democrats claim that job creation Readjustment Assistance Act, and must have to focus on the deficit and responsible spend- hasn’t happened when 112,000 new jobs were a spotless record of compliance with Federal ing. The Budget Committee proposed a one created in January and 366,000 jobs have law. All of them must demonstrate that they percent reduction in non-defense spending in been added over the past five months? How have developed and are implementing a multi- order to reduce the vast amount of waste, can they claim that the President’s tax relief faceted equal employment opportunity pro- fraud and abuse so prevalent throughout the plan is not creating jobs when the unemploy- gram directed towards the changing demo- federal government. This proposal did not re- ment rate has had the fastest seven month graphics of the labor force. I spent a lot of ceive a single vote by a Democrat on the decline in nearly a decade? These are the time, in my life before Congress, counseling committee. facts and the facts seem to stand in stark con- Federal contractors in my State on the virtues Unfortunately, the deficit is not the only eco- trast to the rhetoric we hear from the Demo- of Executive Order 11246, and SCANA was nomic issue where Democrats are strong on crats when it comes to economic policy. often used by me as an example of how and rhetoric, but absent on results. This chamber Now the Democrats are fighting to allow the why it could and should be done. has been the venue for many Democrats com- tax relief to expire. Although Democrats try to I am proud that my constituent, the SCANA plaining about the President’s tax cuts. Demo- avoid it, this policy is a tax increase. If the Corporation, has continued to demonstrate a crats have called the President’s tax relief plan 2001 and 2003 tax relief acts were to expire commitment to equal employment opportunity, ‘‘reckless tax cuts for the rich’’ and even a now, it would raise taxes by an average of and has achieved measurable results that ‘‘fraud and a failure.’’ $1,544 for 109 million taxpayers in 2003, ac- have significantly enhanced equal employment Unfortunately, when addressing President cording to the Department of Commerce. opportunities for employees, including minori- Bush’s tax relief plan, there are no facts that While rhetoric may have led some to believe ties, women, individuals with disabilities, and Democrats fail to misrepresent. The accusa- otherwise, Democrats have clearly outlined a veterans. To win this high honor, a company tion that this tax relief is a tax cut for the rich plan over the last year that would not only must have strong core values to serve as the is the most often and obvious misrepresenta- contribute almost one trillion dollars to the def- foundation for successful implementation of its tion of the facts. Democrats not only voted icit, but would also raise taxes on the Amer- equal employment opportunity policies in against this tax relief, but some have even ad- ican families. These are the facts and the every facet of the employment relationship vocated rescinding the President’s entire tax records certainly highlight those facts. and throughout the company. relief package. Let us take a look at what We are at a crucial point in economic pol- Mr. Speaker, I am pleased that the Depart- would happen had those Democrats been able icy—as spending-driven deficits and burden- ment of Labor has bestowed this high honor to rescind the President’s tax relief. some taxes are clearly affecting American on the SCANA Corporation, and ask that you Reinstate nine million low-income Ameri- families. This resolution will address the def- and my colleagues join me in commending cans back on the tax rolls. icit, spending and eliminating waste, fraud and SCANA for its ongoing efforts to institute com- Reinstate the marriage penalty. abuse. This stands in stark contrast to the prehensive workforce strategies to ensure Cut in half the $1,000 per child tax credit. reckless spending and taxing advocated by equal employment opportunities. Raise taxes on education savings by 75 the Democrats. f percent. As we debate the budget, I encourage my Eliminate income tax deduction for paying friends on the other side of the aisle to join us IN HONOR OF THE CITY MANAGER college tuition. in reducing the deficit—not by proposing al- LARRY BLICK FOR HIS SERVICE Raise the capital gains tax by 25 percent most a trillion dollars in additional spending, TO THE CITY OF INDEPENDENCE, and 50 percent for lower income families. but focusing on reductions in programs that MISSOURI Increase the double tax of dividends by as are wasteful, duplicative or outdated. Further- much as 62 percent. more, I encourage Democrats to oppose the HON. KAREN McCARTHY Reinstate the death tax. large increases that only foster high deficits, OF MISSOURI Reduce the adoption credit and the depend- while helping to reduce the burden of the tax IN THE HOUSE OF REPRESENTATIVES ent care credit. code on American families—not by raising Wednesday, March 10, 2004 Eliminate emergency tax relief to areas af- taxes—but through common sense tax relief. fected by the attacks of September 11, 2001. Republicans have focused on results—the Ms. MCCARTHY of Missouri. Mr. Speaker, I Not only do some of our Democrat friends economy is rebounding, the trend of job cre- rise in recognition of Larry N. Blick’s retire- fight tax relief, they only propose one alter- ation is increasing, homeownership is at ment as City Manager of Independence, Mis- native: raise taxes on hard-working American record levels and GDP and consumer con- souri. Larry Blick came to Independence more people. Their talking points may avoid the fidence is steadily growing. I ask my Democrat than a decade ago with over 30 years of ex- facts, but raising taxes is the only economic friends to stop the rhetoric and begin focusing perience in public administration, and in these policy Democrats have put forth. In fact, on results. past 10 years has partnered with Mayor Stew- Democrats have proposed raising taxes ten art and the community to bring growth and a f times in the House and fifteen times in the new spirit to this ‘‘All American City.’’ Senate over the last year. This record speaks TRIBUTE TO SCANA As Independence City Manager, Larry in- for itself. spired community trust and was instrumental It is important, as well, to highlight the rea- HON. JAMES E. CLYBURN in the passage of numerous measures nec- sons why their rhetoric about the President’s OF SOUTH CAROLINA essary to the revitalization of Independence’s tax relief has been proven wrong. They IN THE HOUSE OF REPRESENTATIVES infrastructure, neighborhoods and parks. An claim—as I have mentioned—that the Presi- active member of the International City/County dent’s tax relief was only ‘‘for the rich.’’ I would Wednesday, March 10, 2004 Management Association, Missouri Municipal guess they assume that low and middle in- Mr. CLYBURN. Mr. Speaker, I rise to com- League Board, and the Independence Council come families are not affected by the marriage mend SCANA Corporation, a Fortune 500 for Economic Development, Larry Blick has penalty, small family farmers are not affected company headquartered in my State, on being served tirelessly in prominent roles with these

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.013 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E343 professional associations and boards. Through The following residents of Texas’s 9th Con- with the La Plata County Cow Belles, La MARC, the Mid America Regional Council, he gressional District have proven they embrace Plata-Archuleta County Farm Bureau and was instrumental in the economic develop- Mr. Woodson’s vision of a brighter tomorrow Cattleman’s Association, and the Colorado ment of the Little Blue Valley and the creation by their efforts to serve humanity. I am proud Cattlemen’s Association. Her enthusiasm for of the I–70/Little Blue Parkway interchange to and honored to present my 2004 Unsung He- taking part in these organizations comes from ease traffic flow and provide access for valley roes for inclusion in the U.S. CONGRESSIONAL her firm belief that ‘‘agriculture takes a lot of expansion. His leadership was an integral part RECORD: people to be involved to keep it going,’’ as told of the development of eastern Jackson Coun- Mrs. Carla Allen, Mr. Rudolph P. Antoine, to the Durango Herald. ty, particularly his focus on neighborhood revi- Ms. Shirley Bailey-Jones, Detective Alton Mr. Speaker, it is clear that Barbara talization, road improvements and numerous James Baise, Mr. Reginald C. Boykin, Sr., Ms. Jefferies is a woman of great commitment to renovations to area parks. Whitney Breaux, Bishop B. R. Brown, Mr. the agricultural community in Durango and the I am honored by the opportunity to collabo- Keith Chachere, Mrs. Linda G. Clark, Mr. State of Colorado. Barbara’s willingness to rate with Larry Blick and Mayor Ron Stewart Freddie L. Coleman, Pastor Michael Cooper, provide her time and experience to her fellow to secure Federal funding for local projects Mrs. Tanya Mechelle Corbin, Ms. Josie Curtis, farmers and ranchers is worthy of recognition such as the Lewis and Clark Roadway, the Mr. Shawn Dorian Dages, Ms. Kimberly before this body of Congress and this nation Memorial Building, grants to support local first Dartest, Mr. Timothy W. Duriso, Mr. Murphy J. today. It is my privilege to extend to Barbara responders in protecting our community, Fisher, Mr. Matthew J. Francis, Sr., Mr. my sincere congratulations on her being FEMA assistance for the devastating 2002 ice Freddie Franks, Ms. Loma George, Mr. Melvin named Agriculturist of the Year by the Du- storm, and for the expansion of the Blue River G. Getwood, Sr., God’s Kitchen Angels, rango Chamber of Commerce, and to wish her Community College to train our law enforce- Bishop Curtis J. Guillory, Mr. Eddie Guillory, all the best in her future endeavors. ment officials and first responders. A lasting Mr. Shelton Guillory, Sr., Ms. Delores Jean f achievement for which he will long be remem- Gunner, Mrs. Mary Hayes, Mr. Benjamin J. bered is his efforts to secure the prestigious Jones, Sr., Mr. Willie ‘‘K’’ Knighton, Mr. Jerry ON BEHALF OF VETERANS title of ‘‘All American City’’ for Independence in Levias, Mr. Michael W. Lewis, Reverend Mark 2001. Larry Blick’s work with the community McKinley, Ms. Dorothy J. Milburn, Ms. Ann HON. MIKE McINTYRE played a crucial role in highlighting Monette, Mr. Everett Moton, Mr. Gregory B. OF NORTH CAROLINA Independence’s enterprises, schools, parks Mouton, Mr. Christopher C. Mouton, Mr. Eric IN THE HOUSE OF REPRESENTATIVES and history to earn the support of the All- Narcisse, Ms. Tina Nguyen, Mr. John E. Wednesday, March 10, 2004 America City Program. Payton, Mr. Edgar Sonny Perkins, Jr., Mr. Around his office, Larry carries a coffee mug Gene Perkins, Mr. Alex Warren Sanders, Jr., Mr. MCINTYRE. Mr. Speaker, I rise today on that states, ‘‘Will golf for food.’’ I join with myr- Mr. James Saveat, Ms. MaDeline Kaye Savoy, behalf of the 77,015 veterans in my district. iad others in wishing him time during his re- Reverend Charles H. Segura, Ms. Ora These selfless warriors have dedicated their tirement to hit the greens and spend quality Segura, Ms. Janai Sells, Mr. Brandon Smith, lives to fighting for this great country and our time with his loving family. Reverend Adam Smith, Constable Joe Steven- freedoms, and it is disheartening that many of Another great leader from Independence, son, Mr. Joseph Threats, Mr. Howard Trahan them do not have access to adequate and af- President Harry S Truman, made this observa- III, Ms. Thuytram Tram, Mr. Jack Turner, Mrs. fordable health care. Long ago, we made a tion in 1951: ‘‘Unless a man is fundamentally Kate Walker, Ms. Wanda G. Wallace, Rev- promise to our veterans and military retirees sound ethically, you can’t teach him what to erend Alfred White, Mr. Eugene Wilson, Jr. that we would provide quality health care in do as a public servant.’’ As City Manager, Members of the communities in the 9th Dis- return for their service. Unfortunately, over Larry has exhibited exemplary vision, sound trict nominated these individuals for the Un- time, this promise has been broken, and too values and unwavering commitment to funda- sung Heroes award that gives special recogni- often today quality veterans’ facilities are too mental issues important to all of us. tion to those unsung heroes, willing workers, far away to be truly accessible to rural vet- Mr. Speaker, please join me in saluting the and individuals who are so much a part of erans. How can we continue to sit back and remarkable service of retiring City Manager Texas’s and our Nation’s rich history. The ignore our veterans’ requests for better access Larry Blick. His leadership will be missed, but award winners were chosen because they em- to health care? Don’t we owe it to them to en- his accomplishments will live on as a reminder body a giving and sharing spirit, and made a sure that they are properly cared for? It is time of the difference he made by his outstanding contribution to our Nation. I am proud to rep- that we take on a new attitude and put forth service to the city of Independence, Missouri. resent them here in Congress. real actions that will help us to make achieve- f ments for veterans for years to come. f UNSUNG HERO AWARD First, it’s about attitude—the attitude to PAYING TRIBUTE TO BARBARA change the way we provide health care to our JEFFERIES veterans today. In my district in rural south- HON. NICK LAMPSON eastern North Carolina, there has been enor- OF TEXAS mous growth within the veteran population. In IN THE HOUSE OF REPRESENTATIVES HON. SCOTT McINNIS OF COLORADO addition to being the home of or near to im- Wednesday, March 10, 2004 IN THE HOUSE OF REPRESENTATIVES portant military installations, including Fort Mr. LAMPSON. Mr. Speaker, when the idea Bragg, Pope Air Force Base, Military Ocean of Black History Month, formerly Black History Wednesday, March 10, 2004 Terminal Sunny Point, and three Coast Guard Week, was conceived by historian, Carter G. Mr. MCINNIS. Mr. Speaker, I would like to stations, the area is widely known for its pris- Woodson, he envisioned a celebration of black take this opportunity to pay tribute to Barbara tine beaches and recreational activities. These history achievement as well as an educational Jefferies and thank her for the remarkable amenities make the area a popular destination medium. Mr. Woodson organized the first civic contributions she has made to her Du- for retirement, and I am pleased that so many celebration in 1926 to be held the second rango community and the State of Colorado. of our courageous service men and women ei- week in February in honor of Frederick Doug- As a lifelong resident and rancher of La Plata ther move to or remain in the area after their las’s and Abraham Lincoln’s birthdays. Be- County, Colorado, Barbara has actively partici- retirement. However, with this increase in the cause of its popularity among the black and pated in numerous community organizations. veterans’ population comes the important white press, schools and women’s clubs, the Recently, the Durango Chamber of Commerce issue of how best to serve our veterans’ week long commemoration was expanded into recognized her efforts as they named her their health care needs. a month-long salute to African Americans. Agriculturist of the Year. It is with great satis- Although Southeastern North Carolina is Black History Month now provides an annual faction that I congratulate Barbara for her well- represented by two commendable VA facili- forum for African Americans to share their cul- deserved award, and thank her for her signifi- ties, access to care remains limited. Veterans ture with the world. cant contributions to the Durango Community. in the town of Supply must drive over two For the past 5 years, I have hosted an Un- Barbara’s life has always revolved around hours to be seen at the Fayetteville VA Med- sung Hero Program during Black History agriculture; she was born on her grand- ical Center. And those who need more spe- Month as a means of acknowledging the many mother’s farm, raised on her parents ranch, cialized care must drive an additional two accomplishments of my constituents who often and now works on a ranch with her husband hours to the Durham VA Medical Center. One go unnoticed for their service to the commu- Ned. Her commitment to the agricultural com- trip alone could equal eight hours of driving! In nity. munity in Colorado includes her involvement addition, because both the Fayetteville VA

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.017 E11PT1 E344 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 Medical Center and the Wilmington VA Clinic Medical Center and the expansion of the Wil- STATEMENT OF HIS HOLINESS THE DALAI LAMA are operating over their budgeted capacity, mington VA Clinic to a satellite outpatient clin- ON THE FORTY-FIFTH ANNIVERSARY OF TI- there is concern that if these facilities are not ic, but also two community-based outpatient BETAN NATIONAL UPRISING DAY expanded, they will face difficulties taking new clinics (CBOCs) for my district—one in Supply Today we commemorate the 45th anniver- patients. We need to develop a direct and (Brunswick County) and one in Lumberton sary of the Tibetan People’s Uprising of 1959. positive attitude to change this system prop- I pay tribute to the many brave Tibetan men (Robeson County). If we could achieve these and women who have sacrificed their lives erly and bring our veterans in closer contact vital expansions and new facilities, access to for the cause of Tibetan freedom. They will with their health care providers! care would no longer be a problem and vet- always be remembered. This year marks 50 Secondly, we must put forth actions that will erans would not be forced to drive long dis- years since my visit to mainland China in ensure that our rural veterans receive the tances to receive vital health care services. 1954 to meet with the then Chinese leaders, proper care that they deserve. That is why I This would be a real achievement for the vet- especially Mao Tse-tung. I remember very am cosponsoring legislation that would set erans in my district, and I am confident that well that I embarked on the journey with aside a percentage of funds appropriated to these initiatives will provide the services that deep concerns about the future of Tibet. I the VA medical care funds to be used for was assured by all the leaders I met that the they are lacking now. Chinese presence in Tibet was to work for highly rural or geographically-remote veterans. Mr. Speaker, I think we can all agree that The Rural Veterans Access to Care Act would the welfare of the Tibetans and ‘‘to help de- timely access to health care is an important velop’’ Tibet. While in China I also learned also encourage the Secretary of the VA to use national priority to provide veterans the bene- about internationalism and socialism which his contract authority to assist highly rural vet- fits they earned in military service to our coun- deeply impressed me. So I returned to Tibet erans in obtaining health care services closer try. As we find ourselves in times that threaten with optimism and confidence that a peace- to home. our very freedom, our nation must never forget ful and mutually beneficial coexistence In my district, most of the veterans fought in those who have fought so hard to ensure that could be worked out. Unfortunately, soon World War II, Korea, Vietnam and the Persian after my return China was embroiled in po- Gulf, and they are suffering medical conditions our freedom endures. Therefore, I say to my litical unrest unleashed by radical political that make traveling any distance extremely dif- colleagues, let us join together today with a campaigns. These developments impacted ficult, if not impossible. These veterans also new and positive attitude towards health care the Chinese policy on Tibet resulting in have to travel in inclement weather to receive for veterans, and let us work together to put more repression and rigidity leading finally forth the necessary actions to help us to to the Tibetan People’s Uprising in March basic health care from the VA. In addition, 1959. many times they have to reschedule their ap- achieve our goal! Our veterans are counting on us! And may God’s blessings be with you! My hope is that this year may see a signifi- pointments, which could mean waiting over a cant breakthrough in our relations with the month for a simple test. It is disgraceful that Chinese Government. As in 1954, so also veterans have to travel hundreds of miles to f today, I am determined to leave no stone get their blood pressure checked or to have IN RECOGNITION OF THE FORTY- unturned for seeking a mutually beneficial routine blood tests done. solution that will address both Chinese con- FIFTH ANNIVERSARY OF THE TI- cerns as well as achieve for the Tibetan peo- Mr. Speaker, I stand committed to improving BETAN NATIONAL UPRISING health care benefits for our veterans—not only ple a life in freedom, peace and dignity. De- for those who have duly served our country, spite the decades of separation the Tibetan people continue to place tremendous trust but also for those valiant soldiers who will be- HON. FRANK R. WOLF and hope in me. I feel a great sense of re- come the veterans of tomorrow. That’s why I OF VIRGINIA sponsibility to act as their free spokesman. am also cosponsoring the Keep Our Promise IN THE HOUSE OF REPRESENTATIVES In this regard, the fact that President Hu to America’s Military Retirees Act, which would Jintao has personal knowledge about the sit- take an additional step toward restoring ade- Wednesday, March 10, 2004 uation and problems in Tibet can be a posi- quate health care to military retirees by allow- Mr. WOLF. Mr. Speaker, on March 10, tive factor in resolving the Tibetan issue. I ing them to participate in the Federal Em- 2000, the United States Senate passed a res- am therefore willing to meet with today’s leaders of the People’s Republic of China in ployee Health Benefits Program. We must olution (S. Res. 60) to recognize this day in continue to support our promise so that all vet- the effort to secure a mutually acceptable commemoration of the Tibetans who suffered solution to the Tibetan issue. erans will receive the health care benefits that and died during the Lhasa uprising, which My envoys have established direct contact they deserve. began on this day in 1959. The resolution also with the Chinese government on two trips to In addition, I am supporting legislation, the reserves this day as an occasion to renew China in September 2002 and in May/June Assured Funding for Veterans Health Care calls by the President, Congress, and other 2003. This is a positive and welcome develop- Act, which would provide for a guaranteed U.S. Government officials on the Government ment, which was initiated during the Presi- adequate level of funding for veterans health of the People’s Republic of China to enter into dency of Jiang Zemin. The issue of Tibet is complex and of crucial importance to Ti- care. Unfortunately, the money that is set serious negotiations with the Dalai Lama or aside for VA hospitals and clinics falls under betan as well as Chinese peoples. Con- his representatives until a peaceful solution, sequently, it requires careful considerations discretionary spending, meaning that there is satisfactory to both sides, is achieved. no guarantee that it will be increased as the and serious deliberations on both sides be- It has now been 55 years since the Chinese fore taking any decisions. It will take time, demand grows. Without this funding, rural vet- Army invaded Tibet, forcing the then free and patience and determination to lead this erans will continue to be served in outdated or independent country to accept the infamous process to a successful conclusion. However, understaffed facilities—or continue to receive Chinese 17-point agreement in which Tibet I consider it of highest importance to main- inadequate health care due to a lack of health tain the momentum and to intensify and was incorporated into China. Under the agree- care services in their area. deepen this process through regular face-to- Finally, it’s about achievement! Let us make ment, China promised to preserve all aspects face meetings and substantive discussions. the commitment to achieve new incentives for of freedom in Tibet, including the role of the This is the only way to dispel existing dis- our veterans. As I talk to veterans in my dis- Dalai Lama. Today, the Chinese Government trust and misconception and to build trust trict, I become increasingly concerned that continues to commit gross violations of human and confidence. rights in Tibet as well as to show total dis- Consequently, I have instructed my envoys their needs are simply not being met. As you to visit China at the earliest date to con- know, the Department of Veterans Affairs is regard for their agreement. During the time of Chinese occupation, more than 6,000 mon- tinue the process. I hope that they will be directing an initiative—the Capital Asset Re- able to make this trip without much delay. alignment for Enhanced Services (CARES)— asteries have been destroyed and the monks This will help in building trust and con- to redirect resources within the department and nuns who resided in these places have fidence in the present process among Tibet- and address the changing needs of veterans. been displaced, exiled, tortured and killed. Not ans as well as among our friends and sup- Recently, the CARES Commission released its only are the religious leaders persecuted, but porters around the world—many of whom re- report, which the Secretary is in the process of the people of Tibet are forced to live in fear of main strongly skeptical about the willing- reviewing. While I am pleased that the report arbitrary arrest, torture and imprisonment with- ness of Beijing to engage in a genuine proc- out trial. ess of rapprochement and dialogue. effectively recognized access and capacity The current situation in Tibet benefits nei- concerns, I am hopeful that the VA Secretary’s I would like to use this day to ask the lead- ther the Tibetans nor the government of the final report will provide additional incentives for ers of this country to unite in calling on China People’s Republic of China. The development our veterans. to end its abuses against the people of Tibet projects that the Chinese Government has Specifically, I urge the Secretary to provide and to submit the statement made today by launched in Tibet—purportedly to benefit not only an expansion of the Fayetteville VA his Holiness the Dalai Lama for the RECORD. the Tibetan people—are however, having

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MR8.019 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E345 negative effects on the Tibetan people’s dis- I am hopeful that China will become more cation and ceaseless work ethic has benefited tinct cultural, religious and linguistic iden- open and eventually more democratic. I have many citizens of Colorado. After working on tity. More Chinese settlers are coming to for many years advocated that the change my staff, she was appointed as a scholar-in- Tibet resulting in the economic and transformation of China should take marginalization of the Tibetan people and place smoothly and without major upheav- residence at the Law Library of Congress the sinicization of their culture. Tibetans als. This is in the interest of not only the where she focused on war crimes and repara- need to see an improvement in the quality of Chinese people but also the world commu- tions for property looted in wartime. their life, the restoration of Tibet’s pristine nity. Anthi was an active patron of the arts and environment and the freedom to decide an China’s emergence as a regional and global a devoted patriot. She served as the founder appropriate model of development. power is also accompanied by concerns, sus- and chairwoman of the Committee on World I welcome the release of Ani Phuntsok picion and fears about her power. Hosting War II Art Claims and the US Committee on Nyidrol, even as we recognize the injustice of the Olympic Games and World Exposition her sentence and continue to urge for the re- the Parthenon where she advocated for the will not help to dispel these concerns. Unless return of ancient Greek statues that were re- lease of all political prisoners in Tibet. The Beijing addresses the lack of basic civil and human rights situation in Tibet has not seen political rights and freedoms of its citizens, moved from Greece and taken to England in any marked improvement. Human rights vio- especially with regard to minorities, China the 19th century. lations in Tibet have a distinct character of will continue to face difficulties in reas- Mr. Speaker, Anthi Poulos Jones was a preventing Tibetans as a people from assert- suring the world that she is a peaceful, re- dedicated scholar and government steward ing their own identity and culture. The vio- sponsible, constructive and forward-looking lations are a result of policies of racial and who selflessly served her community and power. cultural discrimination and religious intol- country, and I am honored to pay tribute to The Tibetan issue represents both a chal- erance. such an industrious public servant. Her lifetime Against this background we are encour- lenge and an opportunity for a maturing of service is an incredible model for America’s aged and grateful that many individuals, China to act as an emerging global player with vision and values of openness, freedom, youth. My thoughts and prayers go out to her governments and parliaments around the family during this time of bereavement. world have been urging the People’s Republic justice and truth. A constructive and flexible of China to resolve the question of Tibet approach to the issue of Tibet will go a long f way in creating a political climate of trust, through peaceful negotiations. Led by the CONGRATULATING JIM WALTZE European Union and the United States there confidence and openness, both domestically is growing realization in the international and internationally. A peaceful resolution of ON BECOMING PRESIDENT OF community that the issue of Tibet is not one the Tibetan issue will have wide-ranging THE ASSOCIATED GENERAL CON- of human rights violations alone but of deep- positive impacts on China’s transition and TRACTORS OF AMERICA er political nature which needs to be re- transformation onto a modern, open and free solved through negotiations. society. There is now a window of oppor- I am also encouraged by the recent im- tunity for the Chinese leadership to act with HON. JERRY LEWIS provements in the relationship between courage and farsightedness in resolving the OF CALIFORNIA India and China. It has always been my be- Tibetan issue once and for all. IN THE HOUSE OF REPRESENTATIVES lief that better understanding and relations I would like to take this opportunity to ex- Wednesday, March 10, 2004 between India and China, the two most popu- press my appreciation and gratitude for this lous nations of the world is of vital impor- consistent support that we have been receiv- Mr. LEWIS of California. Mr. Speaker, I tance for peace and stability in Asia in par- ing throughout the world. I would also like would like today to congratulate Jim Waltze, ticular and in the world in general. I believe to express once again on behalf of the Tibet- the CEO of construction industry leader Griffith that improved relations between India and ans our appreciation and immense gratitude Company, on being selected as president of China will create a more conducive political to the people and the Government of India environment for the peaceful resolution of for their unwavering and unmatched gen- the Associated General Contractors of Amer- the Tibetan issue. I also strongly believe erosity and support. ica. Mr. Waltze is a visionary leader in an in- India can and should play a constructive and With my prayers for the well-being of all dustry that is one of the pillars of our econ- influential role in resolving the Tibetan sentient beings. omy. problem peacefully. My ‘Middle-Way-Ap- f Jim Waltze started in contracting at the age proach’ should be an acceptable policy on of 21, and in 1973 at age 28 he joined the Tibet for India as it addresses the Tibetan PAYING TRIBUTE TO ANTHI Griffith Company, one of the top major con- issue within the framework of the People’s POULOS JONES struction firms in Southern California. His ca- Republic of China. A solution to the Tibetan issue through this approach would help India reer at Griffith has been marked by regular to resolve many of her disputes with China, HON. SCOTT McINNIS promotions—to Chief Estimator in 1975, vice too. OF COLORADO president/district manager in 1977 and execu- It is 54 years since the establishment of the IN THE HOUSE OF REPRESENTATIVES tive vice president in 1986. He was named People’s Republic of China. During Mao president of the company in 1992, and added Wednesday, March 10, 2004 Zedong’s period much emphasis was put on the titles of chief executive officer and board ideology, while Deng Xiaoping concentrated Mr. MCINNIS. Mr. Speaker, it is with a sad primarily on economic development. His suc- chairman in 1997. cessor Jiang Zemin broadened the base of the heart that I rise to pay tribute to the passing Under his leadership, Griffith Company has Communist Party by enabling wealthy peo- of a dedicated scholar and public servant and taken on some of the largest port projects in ple to become part of the Communist Party dear friend from Potomac, Maryland. Anthi Southern California, including the $37 million under his theory of ‘‘The Three Represents’’. Poulos Jones, born in Greece and raised in Seaside Project for the Port of Los Angeles In recent times Hu Jintao and his colleagues New Hampshire, recently passed away at the and the $71 million Pier T Project for the Port were able to achieve a smooth transition of age of 57. Anthi dedicated her life to govern- of Long Beach. He has been the driving force leadership. During the past decades China ment service and the challenging legal profes- for innovation at the company, setting up a has been able to make much progress. But there have also been shortcomings and fail- sion. I am honored today to bring her contribu- company wide strategic planning process and ures in various fields, including in the econ- tions to the attention of this body of Congress the development of divisions for specialty omy. One of the main causes of the short- and this nation. structures, underground projects and mate- comings and failures seems to be the inabil- After graduating from Windham College in rials. The company has been a pioneer in ity to deal with and act according to the Vermont, Anthi went on to receive a master’s computerized estimating and project manage- true and real situation. In order to know the degree in Russian Studies and a law degree ment systems. real and true situation it is essential that from American University. As a perpetual The contributions of Jim Waltze go beyond there be free information. China is undergoing a process of deep scholar, Anthi took up additional studies in the success of his company, however. He has change. In order to affect this change international law at Georgetown University and been involved for most of his career in organi- smoothly and without chaos and violence I the prestigious Hague Academy of Inter- zations that promote the economic health and believe it is essential that there be more national Law in the Netherlands. high standards of the contracting industry. He openness and greater freedom of information Throughout her pursuit of knowledge, she has been a board member of the Associated and proper awareness among the general also worked as a legislative assistant and staff General Contractors of California for two dec- public. We should seek truth from facts— lawyer for Senator Thomas J. McIntyre, ades, and was elected to the National Board facts that are not falsified. Without this China cannot hope to achieve genuine sta- Charles McC. Mathias Jr., John Glenn Jr., and of Directors for the Associated General Con- bility. How can there be stability if things Hank Brown. During the 1990’s, Anthi worked tractors of America in 1987. must be hidden and people are not able to for my office, where she served as a valuable The positions Jim Waltze has taken on with speak out their true feelings? member of my staff and counsel. Anthi’s dedi- the AGC range from the Chairman of the

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.022 E11PT1 E346 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 Highway Division in 1995 to an active involve- America’s Guard and Reserve personnel, REGARDING A CONSTITUTIONAL ment in the group’s Young Constructors should be counted among the heroes of the AMENDMENT ON GAY MARRIAGE Forum for students coming into the profession. war on terrorism. They are shouldering an im- He served from 1999–2001 as co-chairman of portant part of the burden of defending our HON. MICHAEL E. CAPUANO the National Quality Initiative, established by homeland from those who envy and despise OF MASSACHUSETTS the Federal Highway Administration to ensure us for the freedom to choose liberty, tolerance IN THE HOUSE OF REPRESENTATIVES that the construction and maintenance of our and diversity. America is blessed with employ- interstates and national highways meets the Wednesday, March 10, 2004 ers who have the foresight to understand the highest possible standards. He has been an Mr. CAPUANO. Mr. Speaker, as Congress active member of the Transportation Informa- great value of having a force of trained and moves to consider a constitutional amendment tion Program and Transportation California, qualified personnel ready to answer their na- banning gay marriage, I would like to take this groups that strive to ensure adequate re- tion’s call to arms with the sure knowledge opportunity to submit for the RECORD the fol- sources are available for our state and federal that they are appreciated and financially pro- lowing letter from a constituent of mine, whose highway systems. tected. words and sentiments are echoed by millions Jim Waltze has served for the past two So I encourage my colleagues to join me, of Americans throughout the country. Though years as vice president and senior vice presi- Mr. Speaker, in recognizing and applauding this letter was addressed to the members of dent for Associated General Contractors of the essential role played by employer support the Massachusetts State Legislature, I believe America, and he will be installed on March 12 the passion and conviction this mother has for of the Guard and Reserve, and the invaluable as the chairman of the national group. The the rights and privileges of her children, and service they provide to the men and women contractors of California are proud to be rep- her gay son in particular, is extremely relevant resented by one of their own this year. who bear the weight of battle. The Three Star to the debate that we may soon have in the Mr. Speaker, the general contractors of program launched by Employer Support of the U.S. House of Representatives. Guard and Reserve committees across the America build our highways and airports, ports FEBRUARY 21, 2004. and dams, our military installations, govern- country is one way to acknowledge the under- Members of the Massachusetts Legislature, ment buildings and skyscrapers. Their dedica- standing and support of those employers who State House, Boston, MA. tion to excellence has helped our nation be are enabling a new generation of American DEAR SENATORS AND REPRESENTATIVES: I the world’s leader in quality construction, in- heroes to go into harm’s way unencumbered am the mother of four children. Our family values are evidenced by the concern they deed in our quality of life. Visionary leaders by concerns for their families’ financial well- like Jim Waltze continue to push the drive for have for each other’s well being. They are so being. They deserve our patronage, and our alike in thought and deed that it continues excellence and innovation that will keep Amer- thanks. to amaze me. They are outstanding, produc- ica the world leader into the future. Please join tive members of society and I am equally me in congratulating him and wishing him well f proud of all of them. However, passage of as he takes the reins of the Associated Gen- this discriminatory constitutional amend- eral Contractors of America. PAYING TRIBUTE TO ANNE HEPP ment will forbid my gay son from enjoying f the same rights and privileges as his brother and sisters. EMPLOYER SUPPORT OF THE I implore you to vote no. GUARD AND RESERVE HON. SCOTT McINNIS Sincerely, ELSIE FRANK. OF COLORADO Thank you Mr. Speaker and I urge all of my HON. C.L. ‘‘BUTCH’’ OTTER IN THE HOUSE OF REPRESENTATIVES OF IDAHO colleagues to heed the words of Mrs. Frank. IN THE HOUSE OF REPRESENTATIVES Wednesday, March 10, 2004 f Wednesday, March 10, 2004 AN INDECENT ATTACK ON THE Mr. MCINNIS. Mr. Speaker, it is my privilege Mr. OTTER. Mr. Speaker, I rise today to to pay tribute today to Anne Hepp, a woman FIRST AMENDMENT recognize the enormous contribution to Amer- from my district who supplies an invaluable ica’s continuing freedom that is provided by service as the Spanish language interpreter HON. RON PAUL employers who support our ‘‘citizen soldiers’’ for the Montrose and Delta County Colorado OF TEXAS in the Guard and Reserve. IN THE HOUSE OF REPRESENTATIVES In today’s perilous world, each of us knows courts. The honesty and integrity Anne brings that the price of freedom is eternal vigilance. to her job is matched only by the commitment Wednesday, March 10, 2004 The men and women of America’s Guard and and skill she brings to making sure that accu- Mr. PAUL. Mr. Speaker, we will soon debate Reserve are the vanguard of that vigilance. rate and complete communications flow be- the ‘‘Broadcast Indecency Act of 2004’’ on the They are clerks and cashiers, merchants and tween the court and Spanish-speaking defend- House floor. This atrocious piece of legislation mechanics, doctors and lawyers. Most impor- ants. It is my pleasure to take this opportunity should be defeated. It cannot improve the tantly, they are our friends and neighbors, our and thank Anne for the significant contribu- moral behavior of U.S. citizens, but it can do sons, daughters, fathers and mothers. tions she makes to her community and state. irreparable harm to our cherished right to free- They represent the best among us. Along dom of speech. The daughter of a French high school with the full-time members of our armed serv- This attempt at regulating and punishing in- teacher, Anne’s interest in linguistics began at ices, those volunteers help ensure that we all decent and sexually provocative language have the fullest opportunity to exercise the lib- an early age. Having many friends who spoke suggests a comparison to the Wahhabi reli- erties for which generations of American he- Spanish, Anne studied the language in middle gious police of Saudi Arabia, who control the roes have made the ultimate sacrifice. and high school, even participating as a for- ‘‘Commission for the Promotion of Virtue and Mr. Speaker, in recent months we all have eign exchange student in Mexico. With the Prevention of Vice.’’ Though both may be mo- seen National Guard and Reserve units from large number of Spanish-speaking citizens in tivated by the good intentions of improving our own states and districts called to active her community, Anne knew she could use her moral behavior, using government force to do duty for the war on terrorism. We all have language skills to become an interpreter. Her so is fraught with great danger and has no heard the public declarations of support for great skills and dedication to the judicial sys- chance of success. those activated troops and the families they tem has earned high praise from judges, attor- Regulating speech is a dangerous notion, leave behind. But the true measure of that neys, and most especially the defendants she and not compatible with the principles of a support lies not in words but in actions. And assists. free society. The Founders recognized this, there is no greater comfort for our Guard and and thus explicitly prohibited Congress from Reserve personnel than the certainty that they Mr. Speaker, it is clear Anne provides a vital making any laws that might abridge freedom will be able to return to their civilian jobs when service to her community and the judicial sys- of speech or of the press. they come home, and that their loved ones will tem, and I would like to recognize her con- But we have in recent decades seen a continue receiving the benefits of that employ- tributions before this body of Congress and steady erosion of this protection of free ment while they are gone. this nation today. I thank Anne for her con- speech. The employers who provide those assur- tinuing efforts and wish her all the best in her This process started years ago when an ar- ances, who guarantee the jobs and benefits of future endeavors. bitrary distinction was made by the political left

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.024 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E347 between commercial and non-commercial ening huge fines will not improve the moral first amendment are, both on the left and the speech, thus permitting government to regu- standards of the people. Laws like the pro- right, they nevertheless endorse the principle late and censor commercial speech. Since posed ‘‘Broadcast Indecency Act of 2004’’ of suppressing any expressions of dissent if only a few participated in commercial speech, merely address the symptom of a decaying one chooses to criticize the government. few cared—and besides, the government was society, while posing a greater threat to free- When the direct attack on political and reli- there to protect us from unethical advertise- dom of expression. Laws may attempt to si- gious views comes, initially it will be on targets ments. Supports of this policy failed to under- lence the bigoted and the profane, but the that most will ignore, since they will be seen stand that anti-fraud laws and state laws could hearts and minds of those individuals will not as outside the mainstream and therefore un- adequately deal with this common problem be changed. Societal standards will not be im- worthy of defending—like the Branch found in all societies. proved. Government has no control over these Davidians or Lyndon LaRouche. Disheartening as it may be, the political left, standards, and can only undermine liberty in Rush Limbaugh has it right (at least on this which was supposed to care more about the its efforts to make individuals more moral or one), and correctly fears the speech police. first amendment than the right, has ventured the economy fairer. He states: ‘‘I’m in the free speech business,’’ in recent years to curtail so-called ‘‘hate Proponents of using government authority to as he defends Howard Stern and criticizes any speech’’ by championing political correctness. censor certain undesirable images and com- government effort to curtail speech on the air- In the last few decades we’ve seen the polit- ments on the airwaves resort to the claim that ways, while recognizing the media companies’ ical-correctness crowd, in the name of improv- the airways belong to all the people, and authority and responsibility to self regulate. ing personal behavior and language, cause in- therefore it’s the government’s responsibility to Congress has been a poor steward of the dividuals to lose their jobs, cause careers to protect them. The mistake of never having first amendment. This newest attack should be ruined, cause athletes to be trashed, and privatized the radio and TV airwaves does not alert us all to the dangers of government regu- cause public speeches on liberal campuses to justify ignoring the first amendment mandate lating freedom of speech—of any kind. be disrupted and even banned. These trage- that ‘‘Congress shall make no law abridging f dies have been caused by the so-called cham- freedom of speech.’’ When everyone owns pions of free speech. Over the years, toler- something, in reality nobody owns it. Control PAYING TRIBUTE TO ELLEN ance for the views of those with whom cam- then occurs merely by the whims of the politi- ROBERTS pus liberals disagree has nearly evaporated. cians in power. From the very start, licensing The systematic and steady erosion of freedom of radio and TV frequencies invited govern- HON. SCOTT McINNIS of speech continues. ment censorship that is no less threatening OF COLORADO Just one year ago we saw a coalition of than that found in totalitarian societies. IN THE HOUSE OF REPRESENTATIVES both left and right push through the radical We should not ignore the smut and trash Wednesday, March 10, 2004 Campaign Finance Reform Act, which strictly that has invaded our society, but laws like this curtails the rights of all Americans to speak will not achieve the goals that many seek. If Mr. MCINNIS. Mr. Speaker, it is my pleasure out against particular candidates at the time of a moral society could be created by law, we to honor Ellen Roberts for her selfless dedica- elections. would have had one a long time ago. The reli- tion to the community of Durango, Colorado, Amazingly, this usurpation by Congress was gious fundamentalists in control of other coun- and congratulate her on being recognized by upheld by the Supreme Court, which showed tries would have led the way. Instead, authori- the Durango Chamber of Commerce as their no concern for the restrictions on political tarian violence reigns in those countries. 2003 Athena Award Winner. The Athena speech during political campaigns. Instead of If it is not recognized that this is the wrong Award is presented to a woman each year admitting that money and corruption in govern- approach to improve the quality of the air- who has shown a commitment to helping other ment is not a consequence of too much free- ways, a heavy price will be paid. The solution women realize their business goals. Ellen dom of expression, but rather a result of gov- to decaying moral standards has to be vol- could not be a more worthy recipient. It is a ernment acting outside the bounds of the Con- untary, through setting examples in our fami- privilege to pay tribute to Ellen for her well-de- stitution, this new law addressed a symptom lies, churches, and communities—never by served award, and her ongoing efforts to bet- rather than the cause of special interest con- government coercion. It just doesn’t work. ter her community today. trol of our legislative process. But the argument is always that the people Ellen’s interest in community service can be And now comes the right’s attack on the are in great danger if government does not act traced back to her college days where she first amendment, with its effort to stamp out by: (a) Restricting free expression in adver- created her own major at Cornell University in ‘‘indecent’’ language on the airways. And it will tising; (b) claiming insensitive language hurts environmental policy. Since Ellen moved to be assumed that if one is not with them in this people, and political correctness guidelines Durango, in 1981, she has been actively in- effort, then one must support the trash seen are needed to protect the weak; (c) arguing volved in the community. Her involvement in- and heard in the movie theaters and on our that campaign finance reform is needed to cludes serving as Chairman of the Mercy televisions and radios. For social rather than hold down government corruption by the spe- Medical Center Board of Directors; and on the constitutional reasons, some on the left ex- cial interests; (d) banning indecency on the board for the First National Bank of Durango; press opposition to this proposal. airways that some believe encourages im- and sitting on the Citizens Health Advisory But this current proposal is dangerous. moral behavior. Council; and sitting on the Citizens Steering Since most Americans—I hope—are still for If we accept the principle that these dangers Committee for a New Library. freedom of expression of political ideas and must be prevented through coercive govern- It is my privilege to recognize Ellen before religious beliefs, no one claims that anyone ment restrictions on expression, it must logi- this body of Congress and this nation for the who endorses freedom of speech therefore cally follow that all dangers must be stamped recognition she received by the Durango endorses the nutty philosophy and religious out, especially those that are even more dan- Chamber of Commerce as the Athena Award views that are expressed. We should all know gerous than those already dealt with. This Winner. She has done much to improve the that the first amendment was not written to principle is adhered to in all totalitarian soci- lives of her community and I wish her con- protect non-controversial mainstream speech, eties. That means total control of freedom of tinuing success in all her endeavors. but rather the ideas and beliefs of what the expression of all political and religious views. f majority see as controversial or fringe. This certainly was the case with the Soviets, The temptation has always been great to the Nazis, the Cambodians, and the Chinese FRED DOWNS, JIM MAYER NAMED legislatively restrict rudeness, prejudice, and communists. And yet these governments lit- DAILY POINTS OF LIGHT AWARD minority views, and it’s easiest to start by at- erally caused the deaths of hundreds of mil- WINNERS tacking the clearly obnoxious expressions that lions of people throughout the 20th Century. most deem offensive. The real harm comes This is the real danger, and if we’re in the HON. LANE EVANS later. But ‘‘later’’ is now approaching. business of protecting the people from all dan- OF ILLINOIS The failure to understand that radio, TV, and ger, this will be the logical next step. IN THE HOUSE OF REPRESENTATIVES movies more often than not reflect the peo- It could easily be argued that this must be ples’ attitudes prompts this effort. It was never done, since political ideas and fanatical reli- Wednesday, March 10, 2004 law that prohibited moral degradation in earlier gious beliefs are by far the most dangerous Mr. EVANS. Mr. Speaker, on March 1, the times. It was the moral standards of the peo- ideas known to man. Sadly, we’re moving in Points of Light Foundation singled out two ca- ple who rejected the smut that is now routine that direction, and no matter how well in- reer employees of the Department of Veterans entertainment. Merely writing laws and threat- tended the promoters of these limits on the Affairs (VA) for recognition as a Daily Point of

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.027 E11PT1 E348 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 Light. I know of no individuals more deserving Lai, Vietnam. He survived the blast, but lost along with their buddy Jack Farley, a Viet- of the honor than Fred Downs and Jim Mayer, his left arm above the elbow. Now, more nam veteran and amputee who serves as a each a remarkable success story. than 30 years later, he shares his story with judge with the U.S. Court of Appeals for Vet- Both men were profoundly injured in Viet- soldiers who have similar injuries. ‘‘I want erans Claims, expanded their volunteer role them to understand there is life after ampu- by meeting with military surgeons at Walter nam. Mr. Downs lost his left arm; Mr. Mayer tation,’’ Downs said. Reed to share their insights into traumatic lost both legs below the knee. Both were A SIMPLE MOTIVE injury. ‘‘We talked about how we felt when scarred by shrapnel and multiple surgeries. we were injured and how we thought the Since April, Downs and Jim Mayer, direc- Their stories could have ended there. Instead, medical staff could help the wounded sol- tor of Leadership VA, have visited more than diers,’’ said Mayer. they turned their lives and their work into en- 60 wounded soldiers at Walter Reed and Na- Dr. Artie Shelton, a retired Army colonel couragement and inspiration for other veterans tional Naval Medical Center in Bethesda, who commanded a field hospital in Somalia and for all who know them. Md., as volunteer amputee peer visitors. and now works as a consultant in VA’s trans- Mr. Downs and Mr. Mayer have long volun- Their motive is simple, according to Mayer, plant program, helped arrange the meeting. who lost both legs to a land mine on April 25, teered to work with those who have suffered He said the Army physicians are extremely 1969, while serving with the 25th Infantry Di- traumatic injury in service to their country. qualified and well trained, but they may not vision in Vietnam. ‘‘If you’ve been through Their service began during the 1991 Gulf War. fully understand the emotional and psycho- an amputation and you see others who are They heard news reports that Saddam Hus- logical complexities of traumatic injury. experiencing that trauma, you just want to ‘‘The doctors know the medical side, but Jim sein had dispersed a million land mines to help them in any way you can,’’ he said. and Fred can tell them about the full impact maim and kill coalition forces if they invaded Their efforts began during the 1991 Gulf and repercussion on these soldiers,’’ Shelton Iraq. They strategized to figure how they could War after hearing news reports that Saddam said. best help the wounded, utilizing their own ex- Hussein had dispersed a million land mines Among the aspects of recovery Downs to maim and kill coalition forces if they in- periences and recoveries and recalling when stresses are encouraging the soldiers to do vaded Iraq. ‘‘We were concerned there were they most needed someone with whom to talk. things on their own. ‘‘Never tell a guy he going to be a lot of casualties and we wanted Mr. Downs and Mr. Mayer organized field can’t do something,’’ he said. ‘‘You need to to do something to help,’’ Mayer recalled. trips, picnics and hosted backyard barbecues encourage him to try, to test himself and see The question was, how could they best help what he can do. It speeds up their psycho- for the injured from the Gulf War. After the war the wounded? logical healing and helps them get back into was over, the team continued visiting service Mayer found the answer when a friend life again.’’ members injured in training accidents or de- asked if he could remember a particular If they have doubts about what they can ployments. They keep in touch with many of turning point during his recovery at Brooke accomplish, Downs tells them about his own Army Medical Center in San Antonio. ‘‘I re- the patients they have met. Twenty-two of the life after injury: going to school, getting member a former patient who came to visit 58 wounded soldiers Mr. Mayer met during the married, starting a family, writing three us one day, it was just a chance encounter. Gulf War showed up at his house for a July books, and leading VA’s multimillion-dollar He lost both arms and had these prosthetic 4th barbecue in 1996 for a five-year reunion. prosthetic and sensory aids service. hooks. I was mesmerized because I realized He also has gained international recogni- He and Mr. Downs also attend the annual Na- he had a life,’’ he said. tion for helping establish land mine survivor tional Veterans Wheelchair Games and the The encounter provided hope for his own programs in several countries. The U.S. National Disabled Veterans Winter Sports future, something he said severely wounded Agency for International Development re- Clinic, where they meet with and counsel vet- soldiers rarely have. ‘‘After a traumatic in- cently asked for his assistance with a land jury, you live hour to hour, day to day and erans. mine eradication program in Afghanistan. you tend to block out the future. At first you As American troops began the build-up for (To learn more about his recovery and land put your hope on the shelf because hope is Operation Iraqi Freedom, Mr. Downs and Mr. mine eradication efforts, visit the Center for too far in the future.’’ Mayer met with military surgeons at Walter Defense Information Web site at And so it was that Mayer, Downs and www.cdi.org/adm/1250/Downs.html.) Reed Army Medical Center. They shared their about a dozen other Vietnam veterans, many Mayer and Downs volunteer because insights into traumatic injuries and talked to who worked for VA, started visiting wounded they’ve been there and because they care. them about how they felt when they were in- soldiers and sharing their stories of over- But also because they want to bring a little jured. The pair also discussed how they coming traumatic injury. During the first dignity to American troops who suffer trau- thought the medical staff could help the Gulf War, Mayer estimated he volunteered matic injuries. about 800 hours at military hospitals. He or- wounded soldiers. They have continued to ‘‘Vietnam vets, to put it politely, never ac- ganized field trips, picnics and hosted back- share their stories with servicemen and tually felt welcomed home,’’ said Mayer. yard barbecues. He also started bringing women who have similar injuries, who come to ‘‘But these guys coming back from Iraq, milkshakes on each visit, leading patients to we’re going to welcome them home and be- realize there is life after amputation. Since nickname him ‘‘the milkshake man.’’ April 2003, the pair has visited more than 60 come their friends, help them reconcile their UNFORGETTABLE STORIES amputee soldiers at Walter Reed and the Na- injuries, and bring them a little dignity.’’ tional Naval Medical Center in Bethesda, The group dwindled after the war, but Mr. Speaker, the selflessness, compassion Mayer and Downs continued visiting Maryland, as volunteer amputee peer visitors. servicemembers injured in training accidents and humanity of Fred Downs and Jim Mayer— The following article from VA’s in-house or deployments. Some of the stories are hard all the more profound considering their own magazine, VAnguard, discusses what these to forget. There was the soldier injured on experiences—have been important to the two gentlemen are doing to help the young the train to Bosnia when electricity arced young men and women recently injured in men and women returning from Iraq and Af- from a cable to his helmet and blew off his service and frightened about what such trau- ghanistan. legs. There was the Ranger who broke his matic change can mean in their lives and how MESSAGES OF HOPE back when he fell out of the Black Hawk hel- they can overcome it. I know my colleagues icopter during the 1993 raid in Mogadishu. With their Kevlar body armor and rapid ac- join me in expressing our gratitude and re- And there was the sailor who lost his legs cess to medical treatment, soldiers wounded when he got tangled in a rope trying to res- spect for their good works. in Operation Iraqi Freedom are surviving cue a shipmate and was dragged through a f what were once fatal injuries. One day porthole. they’re busting down doors in Baghdad and Mayer keeps in touch with many of the pa- PAYING TRIBUTE TO ROBERT the next they’re lying in a hospital bed with tients he’s met over the years. Twenty-two HARTH busted-up limbs. of the 58 wounded soldiers he met during the ‘‘When you first see them, they’re still first Gulf War showed up at his house for a confused and can’t seem to comprehend the HON. SCOTT McINNIS July 4th barbecue in 1996 for their five-year magnitude of what happened to them,’’ ex- OF COLORADO reunion. He sees others at two of VA’s Na- plained Frederick Downs Jr., VA’s chief of tional Rehabilitation Special Events—the IN THE HOUSE OF REPRESENTATIVES prosthetics, describing his visits to wounded National Veterans Wheelchair Games and troops at Walter Reed Army Medical Center Wednesday, March 10, 2004 the National Disabled Veterans Winter in Washington, D.C., which has received al- Sports Clinic. Some even come to his April Mr. MCINNIS. Mr. Speaker, it is with great most 300 battlefield casualties from the war 25 ‘‘Alive Day’’ celebrations, an event he has sadness that I rise to pay tribute to the mem- in Iraq. held every year since 1970 to mark the day he Downs knows exactly what they’re going ory and life of Robert Harth. Robert’s gift and almost died. through. As a 23-year-old lieutenant with the legacy to Colorado will be the Aspen Music Army’s 4th Infantry Division, he was nearly THE EMOTIONAL SIDE OF INJURY Festival and School, which he deftly guided for killed when he stepped on a ‘‘Bouncing As American troops began the build-up for twelve years as president and chief executive Betty’’ land mine on Jan. 11, 1968, near Chu Operation Iraqi Freedom, Mayer and Downs, officer. His recent and all-too sudden death at

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.030 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E349 age forty-seven is a great loss to music lovers erature and have kept right on reading count- Veterans have come to rely on the services worldwide, but those who knew him will not less books.’’ Sarah entered Princeton Univer- they receive at the Saginaw hospital, and they forget the joy and zest he had for life. sity in 1999 after finishing first in her class at should not have to give that up. They have Robert was a natural leader who brought Stoneman Douglas High School. During her given enough already for this country, and I success and renown to the organizations he time at Princeton University, Sarah was a am unwilling to ask them for more. directed. In his early twenties, he served as member of student government, served as I want to be clear: improvements can be vice president and general manager for the vice president of Delta Delta Delta Sorority, and need to be made. Alternatives such as Los Angeles Philharmonic. By the time he was volunteered at the University Crisis Ministry, contracting with local hospitals is a promising thirty-three, he took over the AMFS as presi- and helped out at the Trenton Animal Shelter. solution. I also believe we need to pass H.R. dent, and switched it from a fledgling event to Sarah also worked as an advocate and speak- 2379, the Rural Veterans Access to Care Act, one of the premier cultural festivals in the er for disability rights for the Nassau Club, introduced by the gentleman from Nebraska country. Most recently, he served as artistic di- Princeton Alumni Organization. (Mr. OSBORNE) and a bill I am a proud to co- rector for Carnegie Hall, adding a new venue Mr. Speaker, Sarah is a wonderful person sponsor. for more progressive performances. whose talents and leadership have blossomed This legislation directs the Secretary of VA During his twelve years with AMFS, Robert despite her disability. She is a role model for to ensure at least five percent of the funds for quadrupled the size of its endowment. This al- others in her community and a gifted scholar. Medical Care are used to improve access to lowed for his undertaking the building of the I am so glad that through the good work of medical services for highly rural or geographi- Harris Hall and the Benedict Music Hall. He Recording for the Blind and Dyslexic Sarah cally remote veterans. It also allows VA ap- also established the American Academy of Swords will continue to be able to make sig- proved veterans to enroll in a program that Conductors at Aspen, which provides opportu- nificant contributions to our country and to the gives them access to routine health care from nities for up and coming conductors from world. She is a wonderful example of why a local provider. around the world. RFB&D motto, that ‘‘education is a right, not a In closing, I would like to commend the ad- Mr. Speaker, Robert Harth’s death is a great privilege,’’ is an essential truth. ministration for their dedication to working with loss to the Aspen community and for music Again Mr. Speaker, I congratulate Sarah this Congress to improve health care for our lovers worldwide. It is my honor to pay tribute Swords upon being selected as one of the veterans. The reform of government and the before this body of Congress and this nation 2003 Mary P. Oenslager Scholastic Achieve- services it provides is a thankless task, but to the life and legacy of Robert Harth. ment Award winners and I wish her the best one that is necessary for the well being of this in all that the future holds for her. nation. f f f CONGRATULATIONS TO SARAH SWORDS ON RECEIVING THE TAKING CARE OF OUR VETERANS PAYING TRIBUTE TO MAYOR MARY P. OENSLAGER SCHO- WAYNE R. BROWN LASTIC ACHIEVEMENT AWARD HON. DAVE CAMP OF MICHIGAN HON. SCOTT McINNIS HON. RUSH D. HOLT IN THE HOUSE OF REPRESENTATIVES OF COLORADO Wednesday, March 10, 2004 IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Wednesday, March 10, 2004 IN THE HOUSE OF REPRESENTATIVES Mr. CAMP. Mr. Speaker, I rise today to dis- cuss a very important issue to me, and to the Mr. MCINNIS. Mr. Speaker, it is with a Wednesday, March 10, 2004 veterans in my district. As you may know, the heavy heart that I rise to pay tribute to the life Mr. HOLT. Mr. Speaker, I rise today to con- Capital Asset Realignment for Enhanced Serv- and memory of Marble, Colorado Mayor gratulate one of this years Recording for the ices (CARES) Commission recently issued its Wayne Brown who passed away recently at Blind and Dyslexic (RFB&D) Mary P. report to Secretary Principi. While the goal of the age of seventy-six. Wayne was a true Oenslager Scholastic Achievement Award win- the CARES Commission is to improve the American patriot, and a beloved friend and ners, Sarah Swords, who I am proud to say health care services provided by the Depart- colleague to many in his Colorado community. attended Princeton University in my district. ment of Veterans Affairs (VA) to our veteran In his years spent in public service, Wayne The award is presented annually to college population, I do not believe this report takes embodied the ideals of integrity and courage seniors who are blind and who have dem- into account the legitimate concerns ex- that we, as Americans, have come to expect onstrated leadership, scholarship, enterprise, pressed by veterans in my District. from our public servants. As his family and and service to others. Specifically, the CARES proposal calls for community mourn his passing, I believe it is Recording for the Blind and Dyslexic is a the closure of acute medical care beds at the appropriate to recognize the life of this excep- non-profit organization based in Princeton, Aleda E. Lutz Medical Center in Saginaw, tional man, and his many contributions to his which has as its sole mission opening the Michigan. The loss of these beds would be community, state and country. pages of books to all people who cannot read detrimental to level of care provided in the re- Mayor Brown lived an immensely rich and standard print because of visual, perceptual or gion. full life, always holding firm to his beliefs in other physical disability. Veterans in the northern portion of the serving his community and country. He Mr. Speaker, over the years RFB&D has Lower Peninsula of Michigan currently have worked for the Colorado Highway Department worked hard to live up to the philosophy of its only one VA facility that is accessible to them before he retired to Marble in 1983, where her founder, Anne T. Macdonald, who believed for inpatient care, the Saginaw VA Hospital. served on the town board and later as mayor. strongly that ‘‘education is a right, not a privi- For veterans traveling from the rural portions His expertise in construction projects through lege.’’ Currently Recording for the Blind and of Michigan, getting to Saginaw can already his time spent with the Highway Department Dyslexic has almost 240,000 titles available to be a difficult task. If the proposal is put into came to good use as mayor. Mayor Brown its members worldwide. I commend Recording place, veterans seeking immediate care will saw that the town had two needed bridges for the Blind and Dyslexic on the wonderful face an unnecessary strain of two hours worth built across the Carbonate Creek and Crystal work they do, and I am so honored that they of additional travel. River, and most recently obtained the funding are located within my district. I certainly understand that the VA is under- to pave the main road through town. Mr. Speaker, it is my great privilege today to going a change and trying to better fit its facili- Mr. Brown’s commitment to Marble ex- congratulate Sarah Swords one of the 2003 ties with veterans’ needs. However, it must do tended to his involvement with numerous civic Mary P. Oenslager Scholastic Achievement so in a manner that does not establish new organizations. He was an active member of Award winners. Having lost her sight when barriers for veterans seeking care. Every rem- the Marble Community Church, the Associa- she was in the sixth grade due to a serious ill- edy we propose must ensure that veterans tion of State Highway and Transportation Or- ness, Sara was fortunate enough to join Re- know exactly where to go when they need ganizations, the Colorado Mental Health Asso- cording for the Blind and Dyslexic. medical care. Simply put, the solution cannot ciation, and the Elks Lodge. With the audiotapes RFB&D provided to be worse than the problem. The VA hospital Mr. Speaker, we are all at a great loss be- her, Sarah was finally able to enjoy reading for system was established to provide veterans, cause of Mayor Brown’s passing, but can be the first time. ‘‘At last, I could read all the who have made great sacrifices for this coun- comforted in knowing he helped make Marble books I had always wanted to read’’ she re- try, with direct access to the care they de- a better place for future generations. I would calls. ‘‘All the classics, novels, poetry and serve. We must not back down from that like to extend my heartfelt sorrow to his chil- even magazines. I ordered a plethora of lit- promise. dren, David, Daniel, Joseph, and Teresa; his

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.006 E11PT1 E350 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 grandchildren and great-grandchildren. Mayor what students take away from the program. nity to rise above the oppression they had en- Brown’s selfless dedication to Marble, the Mr. Hart is so deeply committed to this project dured. In his countless poems and plays State of Colorado, and the United States has that he initiated the program on his own per- Pedro defined the Nuyorican (Puerto Rican helped ensure a promising future for our great sonal time, using his own personal funds. New Yorkers) experience, inspiring a new country and I am deeply honored to bring his Project WELD provides students with a real generation of Nuyorican poets to take up the life to the attention of this body of Congress insight and understanding into the profession cause he dedicated his life to. In addition, his and this nation. I am proud to have known of welding by bringing industry employees and works have inspired poets of oppressed peo- such a great man who enriched the lives of employers into the classroom. Additionally, ples in the United States and abroad since the his family, community and nation. students are exposed to the latest in welding 1960’s. f technology through funds and equipment do- Pedro’s publications include Illusions of a nated from local welding companies. Beyond Revolving Door: Plays (1992), The Masses RECOGNIZING RABBI JAY STEIN his scholastic and professional contributions, are Asses (1984), Traffic Violations (1983), awards and accolades, Mr. Hart’s greatest ac- Lost in the Museum of Natural History (1980), HON. JIM GERLACH complishment continues to be the impression Invisible Poetry (1979), and Puerto Rican Obit- OF PENNSYLVANIA he makes on his students, through his method uary (1973). His work has also been included IN THE HOUSE OF REPRESENTATIVES of teaching by example that offers each stu- in anthologies such as The Prentice Hall An- dent the promise of a bright future. Thursday, March 11, 2004 thology of Latino Literature (ed. Eduardo del Mr. Speaker and Colleagues, please join me Rio, 2002); The Outlaw Bible of American Po- Mr. GERLACH. Mr. Speaker, I rise today to in honor and recognition of Mr. Richard Hart, etry (ed. Alan Kaufman, 2000), The Latino recognize Rabbi Jay Stein, the newly installed whose leadership, commitment and belief in Reader (eds. Harold Augenbraum and Mar- Rabbi at Har Zion Temple in Penn Valley, the students at Max S. Hayes Vocational High garite Fernandez Olmos, 1997), Inventing a Pennsylvania. School continues to uplift the lives of count- Word: An Anthology of Twentieth-Century Rabbi Jay M. Stern received his ordination, less students. Puerto Rican Poetry (ed. Julio Marzan, 1980), an M.A. in Jewish Education and a B.A. in f and The United States of Poetry. He was the Jewish Philosophy from the Jewish Theo- recipient of several New York State Creative logical Seminary of America. In addition, he TRIBUTE TO PEDRO PIETRI Arts in Public Service grants and a grant from received a B.A., Sociology from Columbia Uni- the New York Foundation for the Arts. versity. From 1990–1991, he served as an HON. JOSE´ E. SERRANO Mr. Speaker, for his invaluable contribution Alef-Alef Fellow in Jewish Education at Tel OF NEW YORK to American literature and his commitment to Aviv University. In 1993, Rabbi Stein was IN THE HOUSE OF REPRESENTATIVES addressing issues of great importance to our awarded The Lowenfeld Prize in Practical Thursday, March 11, 2004 nation; I ask that my colleagues join me in Theology from the Jewish Theological Semi- paying tribute to Pedro Pietri. Mr. SERRANO. Mr. Speaker, I rise today to nary of America. In 1995, Rabbi Stein was f named a Wexner Rabbinic Fellow. He served honor the life and work of Pedro Pietri, a fine as Rabbi at Temple Beth Ahm and currently Puerto Rican poet, who passed away on PERSONAL EXPLANATION serves as Senior Rabbi of Har Zion Temple in March 3, 2004, just weeks short of his 60th Penn Valley, Pennsylvania. He is also the birthday. HON. CHRIS CHOCOLA Pedro was born in Ponce, Puerto Rico on Vice President of and has written the constitu- OF INDIANA March 21, 1944. He moved to Harlem in New tion for, the New Jersey Region of the Rab- IN THE HOUSE OF REPRESENTATIVES binical Assembly. He has co-published articles York at the age of 3. Under the influence of on the subject of domestic violence in the his aunt, Irene Rodriguez, Pedro became very Thursday, March 11, 2004 Rabbinical Assembly Newsletter and Outlook interested in poetry and as a teenager began Mr. CHOCOLA. Mr. Speaker, on Tuesday, Magazine, as well as authored a chapter in to compose his own poems. After graduating March 2nd, and Wednesday, March 3rd, I was the Resource Guide for Rabbis on Domestic from high school, Pedro worked a variety of on official government travel in Libya and Violence published by Jewish Women Inter- jobs before being drafted. He served in a light missed several votes. national. Rabbi Stein serves as a national con- infantry brigade in Vietnam. His experience in Had I been present, I would have voted sultant in the area of Jewish supplemental this war, he claimed, further radicalized his be- ‘‘yea’’ on rollcall votes 32, 33, 34, 35, 36 and high school education, as well as the Rabbinic liefs. Upon his return, he began to seriously 37. Advisor to the Israel’s Ministry of Tourism. pursue his interest in poetry in order to ad- f Currently, he heads up a regional think tank dress the social ills that plagued not only his for rabbis serving as spiritual leaders in Sol- community but America as a whole. CONDOLENCES ON TERRORIST omon Schechter Day Schools, and is a cer- In 1969, a Puerto Rican activist organization ATTACK AGAINST SPAIN tified counselor in chemical dependence. named the Young Lords briefly took control of Mr. Speaker, I ask my colleagues join me the church Pedro attended as a child. It was HON. RUSH D. HOLT today in recognizing Rabbi Jay Stein and wish during this takeover that Pedro gave the first OF NEW JERSEY him the best of luck in his new position. public reading of what has arguably become IN THE HOUSE OF REPRESENTATIVES f his most notable poem, ‘‘Puerto Rican Obit- uary’’. Thursday, March 11, 2004 IN HONOR AND RECOGNITION OF Juan, Miguel, Milagros, Olga, Manuel Mr. HOLT. Mr. Speaker, I rise to express MR. RICHARD HART AND All died yesterday, today and will die again my sincere sadness at the extreme loss of life PROJECT WELD tomorrow passing their bill collectors suffered today by the people of Spain after the on to the next of kin worst terrorist attack in that nation’s history. HON. DENNIS J. KUCINICH All died waiting for the garden of eden to The people of central New Jersey know what open up again under a new manage- OF OHIO it feels like to lose loved ones to an act of ter- ment IN THE HOUSE OF REPRESENTATIVES rorism. We lost so many of our neighbors on All died dreaming about america . . . the attacks of September 11, 2001. On behalf Thursday, March 11, 2004 This powerful poem, published in 1973, of my constituents, I stand now in solidarity Mr. KUCINICH. Mr. Speaker, I rise today in traces the lives of five Puerto Ricans who with the people of Spain. honor and recognition of Mr. Richard Hart— came to the mainland hoping to fulfill their We are reminded by today’s carnage that teacher, mentor, guide and source of strength dreams of a better life, but whose dreams senseless acts of terror continue to afflict inno- and inspiration for countless young men and soon become nightmares as they found them- cent people around the world whether they women at Max S. Hayes Vocational High selves shut out of America’s economic oppor- live in Madrid, Istanbul, New York, or Bagh- School. tunities and lifestyle. All of Pedro’s works, dad. We are reminded today that no nation is Mr. Hart, a Certified Welding Educator, cre- though at times humorous, contain a powerful immune to the threat of terrorism. ated Project WELD several years ago, intent political message. I hope that today’s attack will send a signal on energizing the school’s welding program. Mr. Speaker, Pedro was not special be- to all of us that we must remain vigilant in the The acronym stands for Worthy Employment, cause he was a gifted writer, he was special face of terrorism and that we must continue to Leadership Development—which is exactly because he used his gift to inspire his commu- work closely with all nations around the world

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.007 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E351 to destroy Al-Qaeda and its terrorist allies. We TRIBUTE TO ARMY PVT. BRYAN a paratrooper who, colleagues said, under- cannot avoid the thought that this attack hap- NICHOLAS SPRY stood the meaning of duty and sacrifice. Major pened because Spain offered assistance to Marvin Luckie, deputy division chaplain for the the U.S. in fighting terrorists around the world. HON. JOSE´ E. SERRANO 82nd Airborne read from the 23rd Psalm and I’m sure the U.S. Government will offer OF NEW YORK from the lyrics to ‘‘Taps.’’ As the chaplain fin- whatever assistance it can to help the Spanish IN THE HOUSE OF REPRESENTATIVES ished reading the psalm and a 21-gun salute broke the quiet, an honor guard slowly folded people who are suffering and to find and ar- Thursday, March 11, 2004 rest the savage culprits of this crime. the flag and presented it to his weeping moth- Mr. SERRANO. Mr. Speaker, I rise today to er. pay tribute to Army Pvt. Bryan Nicholas Spry, ‘‘In life, he honored the flag,’’ Luckie said. f a national hero who paid the ultimate price for ‘‘In death, the flag will honor him.’’ IN HONOR AND REMEMBRANCE OF his country on February 14 in Baghdad, Iraq. On Wednesday, February 25 paratroopers WINIFRED MARY ‘‘MA’’ DUNCAN This brave, 19–year-old soldier from Mary- from the 82nd Airborne Division held a memo- land’s Eastern Shore, fresh out of basic train- rial service in Iraq to remember him. ing, had been in Iraq just over a month when Mr. Speaker, the number of fallen heroes HON. DENNIS J. KUCINICH he died. emerging from the war in Iraq, unfortunately, Bryan was born in Wilmington, Delaware, continues to grow. Our brave men and women OF OHIO and raised in Chestertown, Maryland, in Kent who risk their lives daily are national treas- IN THE HOUSE OF REPRESENTATIVES County on the Eastern Shore. I had the privi- ures. I ask my colleagues to join me today in lege of knowing him personally and found him commemorating one of these treasured he- Thursday, March 11, 2004 to be a friendly, gregarious young man who roes; Army Pvt. Bryan Nicholas Spry. loved the outdoors, baseball and the idea of f Mr. KUCINICH. Mr. Speaker, I rise today in being a soldier. honor and remembrance of my dear friend, Mr. Speaker, on the night of February 13, CONGRATULATING THE ROCH- Winifred Mary ‘‘Ma’’ Duncan—devoted mother, Bryan attempted to drive his Humvee across a ESTER HIGH SCHOOL ‘‘LADY ZE- grandmother, great-grandmother, friend, men- bridge which collapsed, dumping the vehicle BRAS’’ ON THEIR INDIANA CLASS tor and community activist, whose life deeply into the water said Bryan’s mother, Mrs. Bev- 2A GIRLS STATE BASKETBALL affected the lives of countless individuals, in- erly Couch Fabri. Three of the Humvee’s pas- CHAMPIONSHIP cluding my own. sengers got out and swam to safety. But Mrs. Duncan was an unwavering source of Bryan was unconscious when they pulled him HON. CHRIS CHOCOLA strength for her family, as she raised and sup- out of the murky water. His lungs were filled OF INDIANA ported seven children on her own. Armed with with water. He died the next day, Valentine’s IN THE HOUSE OF REPRESENTATIVES Day, in a field hospital in Baghdad. a strong sense of determination, faith, and Thursday, March 11, 2004 inner resolve, Mrs. Duncan faced the chal- As a boy growing up on the eastern shore lenges of single parenthood with grace and of the Chesapeake Bay, he idolized his older Mr. CHOCOLA. Mr. Speaker, I rise today to focus, and was a consistently loving role brother, Michael, a professional baseball play- congratulate the Rochester High School Lady model for her children, and for all the children er. Michael plays right field for the River City Zebras on their Indiana High School Athletic in the neighborhood. Rascals, a St. Louis area club that competes Association Girls Basketball Class 2A state in the independent Frontier League. The two championship. Beyond caring for her family, Mrs. Duncan boys and their father often went deer hunting When the final horn sounded on Saturday, remarkably found the time and energy to vol- together. But instead of shooting the animals March 6, at the Conseco Fieldhouse in Indian- unteer within the community. In the late sixties with a gun, Bryan preferred to shoot them with apolis, Indiana, over 9,000 fans witnessed the and seventies, she served as a Council Mem- his camera. On one of those hunting excur- young women of Rochester High School’s girls ber for the City of Valley View. During that sions, when his brother was about to pull the basketball team win their first ever state cham- time, she delivered Christmas and Easter bas- trigger on his target, he saved the deer’s life pionship over Heritage Christian 51 to 40. As kets to families in need. Throughout the sev- by scaring it off, his mother recalled. ‘‘After a team, the Lady Zebras set championship enties and eighties, Mrs. Duncan served as a that, his brother didn’t take him along [on game marks for free throws made (25), free member of the Board of Directors of the hunts] for a very long time,’’ Fabri said. throws attempted (28) and free throw percent- Merrick House Settlement and the Tremont Mr. Speaker, I am told that both of Bryan’s age (89). It was the Zebras’ 14th consecutive Free Clinic. For the past 30 years, Mrs. Dun- grandfathers fought in World War II, and grow- victory. Their state championship win leaves can was an active member of the St. Augus- ing up he loved to run in the woods, playing Rochester at an impressive 25 and 2 mark for tine Parish Council, St. Augustine Hunger army with his brother and friends. As a child the year. Council, St. Augustine Seniors, St. Vincent he decorated his bedroom with GI Joe action I would like to acknowledge Coach Tony DePaul Society and the Cleveland Catholic figures, said one his boyhood friends. Bryan Stesiek and Assistant Coaches Katie Felke, Blind Community. attended Kent County High School where he Jason Snyder, Stacy Stesiak, Andrea Milliser Mr. Speaker and colleagues, please join me was an outfielder on the baseball team. Twen- and Randy Wynn on an exceptional season. in honor and remembrance of Mrs. Winifred ty-one days after he graduated from high On behalf of the citizens of the Second Mary ‘‘Ma’’ Duncan. As we deeply mourn her school, he made good on his dream to be- Congressional District, I would like to con- passing, we also joyously celebrate her life. come a soldier, shipping off to basic training at gratulate all of the players including seniors ‘‘Ma’’ Duncan built a foundation of love and Fort Benning, Georgia. After successfully con- Lindsey Dishman, Courtney Felke, Jamie security for her children, and for the world cluding his training, he was detached to the Fornal, Brooke Riddle, Aubry Roe, juniors around her. Her sense of charity, love for oth- 82nd Airborne Division’s Company D, 1st Bat- Randall Heyde, Morgan Thomas, sophomores ers and giving nature encircled her family, en- talion, 504th Infantry, based at Ft. Bragg, Ryleigh Carr, Jenna Easterday, Kendra How- circled the neighborhood, and uplifted our en- North Carolina. ard, and freshmen Lesley Cox, Cassie Greives tire community. I offer my deepest condo- On Friday, February 20, visitation was held and Bethany Sewell. lences to her children: Valerie, Charles, for Bryan at the Fellows, Helfenbein and Student managers Lindsey Helstern, Ali James, Wayne, Gerald, Kathleen and Rose- Newnam Funeral Home in his hometown of Hunt and Stephen Williams and Athletic Train- mary; and to her grandchildren, great-grand- Chestertown. A memorial was also held that ing student Lindsey Bright also deserve a spe- children, and to her extended family and many night at Mear’s Great Oak Landing, a water- cial congratulation. friends. The wondrous affect on the lives she front complex in Chestertown, with money I would also like to take a moment to recog- touched is immeasurable, and ‘‘Ma’’ Duncan’s raised from a silent auction and raffle to go nize senior Courtney Felke. She was named beautiful legacy—a legacy reflecting giving, into a fund in his name that will help military the 2004 Patricia L. Roy Mental Attitude compassion and love, will live on forever with- families. How fitting! Award winner for Class 2A. At the conclusion in the memory and heart of everyone who Funeral services were held at 2 p.m. on of the girls basketball state finals, the IHSAA knew and loved her well. The way ‘‘Ma’’ Dun- Saturday in the auditorium at Kent County Executive Committee presents the award to can lived her life has given light to our com- High School in Worton. Bryan was laid to rest the outstanding senior in the state finals com- munity and has raised our corner of the world with full military honors at St. James United petition. Courtney’s grit and determination to to a better place. Methodist Church Cemetery, a final tribute to win this state title began four years ago when

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.005 E11PT1 E352 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 she, along with the rest of the seniors, started advanced to higher and higher plateaus. India PERSONAL RESPONSIBILITY IN shooting free throws in the mornings before has been an outspoken supporter of our Na- FOOD CONSUMPTION ACT school began. It paid off in Saturday’s title tion’s war on terror. India and her people have game. endured terrorist attacks and, like the Amer- SPEECH OF Mr. Speaker, I know that everyone in Fulton ican people, they are resolute in fighting HON. JOE BARTON County, Indiana, from Principal Dennis Eller, against future threats. OF TEXAS Assistant Principal Steven Lyng and Athletic Director Mark Miller, to every one of their par- In New Jersey, I have never felt too far IN THE HOUSE OF REPRESENTATIVES ents, is extremely proud of these young away from India because I have the good for- Wednesday, March 10, 2004 women. tune to have so many wonderful Indian-Amer- The House in Committee of the Whole Again, I would like to congratulate the Roch- ican neighbors. I look forward to continuing to House on the State of the Union had under ester High School girls basketball team on represent the Indian American community of consideration the bill (H.R. 339) to prevent winning their first-ever state basketball cham- central New Jersey and to seeing India’s de- frivolous lawsuits against the manufactur- pionship. mocracy continue to flourish in the years to ers, distributors, or sellers of food or non-al- f coholic beverage products that comply with come. applicable statutory and regulatory require- INDIA REPUBLIC DAY ments: f Mr. BARTON of Texas. Mr. Chairman, I rise in strong support of H.R. 339, the Personal HON. RUSH D. HOLT IN HONOR AND REMEMBRANCE OF Responsibility in Food Consumption Act. Per- OF NEW JERSEY ALICIA G. JAQUILLARD IN THE HOUSE OF REPRESENTATIVES sonal responsibility—not frivolous lawsuits—is the appropriate way to deal with obesity Thursday, March 11, 2004 issues. Mr. HOLT. Mr. Speaker, I rise today to HON. DENNIS J. KUCINICH As reported by the Judiciary Committee, honor the people of India on their 55th cele- OF OHIO however, H.R. 339 contained very broad lan- bration of Republic Day. It was on this day in guage that could be read to include regulatory IN THE HOUSE OF REPRESENTATIVES 1950 that India adopted its Constitution and actions by at least two agencies within the ju- became a modern sovereign state. Enshrined Thursday, March 11, 2004 risdiction of the Committee on Energy and in that constitution are the same ideals of Commerce—the Federal Trade Commission equality for all citizens, universal suffrage for Mr. KUCINICH. Mr. Speaker, I rise today in (FTC) and the Food and Drug Administration those over 18, and the freedoms of speech, honor and remembrance of Mrs. Alicia G. (FD). It is my understanding that it was not the association and religion that we hold dear in Jaquillard—devoted wife, mother, grand- intent of the authors to prohibit such lawsuits. the United States. mother, dedicated human services employee, Working with Chairman SENSENBRENNER, we I am pleased to represent central New Jer- and friend and mentor to many. then developed language that is included in sey’s Indian Americans in the U.S. House of the manager’s amendment today that specifi- Representatives and to be a member of the Mrs. Jaquillard was born in Puerto Rico, and cally exempts actions brought under the Fed- Congressional Caucus on India and Indian eventually emigrated to America with her fam- eral Trade Commission Act or the Federal Americans. It is with pleasure today that I ex- ily. Her family was central to her life. She Food, Drug, and Cosmetic Act. There can be press my praise for India’s commitment to de- leaves behind her devoted husband, Marvin J. no question, then, that if this bill were signed mocracy. Jaquillard, and also her four stepsons. She into law, it would have no effect on regulatory India’s struggle for independence cost many was extremely close to her children and eight or legal rights and responsibilities under these lives, but also united Indians of many peoples. grandchildren—and will be deeply missed by statutes. We honor those, especially Mohandas Ma- her entire family. I look forward to working with the Judiciary hatma Ghandi, who struggled for India’s inde- Committee as this legislation moves forward. pendence. Ghandi’s non-violent form of resist- Mrs. Jaquillard and her family moved to To- ance has set an example to all of us around ledo in 1972. She worked for the Lucas Coun- f the world. Freedom can be achieved through ty Department of Human Service as a Food peaceful protest. India’s leaders are currently Stamp Officer. She performed her duties with RECOGNIZING PEACE CORPS WEEK working to broker peace with Pakistan and I integrity and compassion, and was held in commend them for their efforts to end this hor- high esteem by clients and colleagues. Mrs. HON. HOWARD P. ‘‘BUCK’’ McKEON rible conflict through peaceful negotiations. Jaquillard possessed an incredible sense of OF CALIFORNIA India adopted its Constitution and swore in humor, and had the rare ability to make others IN THE HOUSE OF REPRESENTATIVES its first president, Dr. Rajendra Prasad, only feel instantly comfortable and welcome. 894 days after the withdrawal of the British Thursday, March 11, 2004 Empire’s forces. Today, India can be proud to Mrs. Jaquillard retired from public service in Mr. MCKEON. Mr. Speaker, I rise today in hold the title of the world’s largest democracy 1985, which enabled her to spend more time recognition of National Peace Corps Week, as it prepares for upcoming elections in April. surrounded by family, and more time to pur- which gives us the opportunity to honor and When I made my first trip to India in 1977, sue her favorite pastimes—cooking, traveling commemorate the 43rd anniversary of the it was just after the lifting of the Emergency. and music. She was an exceptional cook, and Peace Corps. During this week, celebratory At the time, India was facing a challenge to its loved to share her culinary talents with family and educational events take place across the democratic institutions. As the Indian people and friends by preparing a variety of traditional country to pay tribute to the Peace Corps’ in- proved later that year by voting out Prime Min- fluence on communities in the United States and contemporary Spanish dishes. She loved ister Indira Gandhi, who had temporarily sus- and abroad. Thousands of Peace Corps vol- pended the Indian Constitution during the music, especially slow romantic songs and unteers speak in classrooms, Governors issue Emergency period, they were resilient demo- music of her Spanish heritage. Mr. and Mrs. proclamations, and former and current Peace crats. Jaquillard were avid travelers. Together, they Corps staff honor the lasting legacy of the I am always impressed with India for the re- journeyed across America, Canada and Mex- Peace Corps with their service. I would like to markable dexterity with which its people make ico. join these individuals in their tribute. democracy work in a country of such incom- Mr. Speaker and Colleagues, please join me Since its inception in 1961, over 170,000 parable diversity and size. The United States in honor and remembrance of Mrs. Alicia Peace Corps Volunteers have served in 137 may be the world’s oldest democracy, but countries to promote the Peace Corps’ mis- Jaquillard—beloved wife, mother, grand- India is by far the world’s largest. I believe that sion of world peace and friendship. Currently, mother, and friend. I offer my deepest condo- the rest of the world, including the United over 7,500 Volunteers are serving in 71 coun- States, has something to learn from India and lences to her entire family and to her entire tries around the world—the highest number of its democratic accomplishments. circle of friends. Mrs. Jaquillard lived her life volunteers in the field in 28 years. In 2003 I am pleased to see India and the U.S. with great joy, love and energy—and her alone, the number of individuals applying to working so closely together. Each year for the memory and spirit will be remembered forever serve in the Peace Corps rose by 10 percent. past several years, U.S.-India relations have by all who knew and loved her well. With continued interest from both Americans

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.009 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E353 and host countries, the Peace Corps is well- loved mentor and friend to countless families Albert, 75, a fourth-generation Tucson na- positioned to continue to expand its ranks for and individuals. Since 1968, Father Cregan tive, joined the International Typographical many years to come. has served as a dedicated advocate of spiritu- Union of his maternal grandfather Francisco S. The work of the Peace Corps has never ality, faith and counsel to members of our Moreno in January 1954 and committed him- been more relevant than it is today. Americans safety forces. In his role as Catholic Chaplain self to a career in the printing trade. Albert be- are interested in humanitarian service, and for the Cleveland Police Department and the lieved that union membership would improve host countries are eager for our volunteers. Fraternal Order of Police, and as Spiritual Di- the professional quality of his work as a print- Peace Corps volunteers share their time and rector of the Greater Cleveland Police and er, and enable him to develop meaningful, talents by serving as teachers, business advi- Fire Society, he continues to provide direction, long-term relationships in his community that sors, information technology consultants, hope and comfort to the men and women who would benefit himself and his family, as well health and HIV/AIDS educators, and youth so bravely and selflessly serve our community. as his union brothers and sisters. Union mem- and agriculture workers. These volunteers Father Cregan’s journey of service to others bership, he believed, also would provide him transfer life-changing knowledge and skills that began with his ordination at St. John’s Cathe- with better income and with vacations and are valued by the people of other nations. In dral on May 20, 1961. His kind, compas- holidays off to spend quality time with his fam- its tenure this institution has become vital to sionate and gentle nature has touched the ily. It was Albert’s goal to provide his children the well-being of our country and to the inter- lives of countless families and individuals in with the wherewithal to excel in education national community. every parish he has served. For more than through high school and go on to college if During this week, we salute the men and twenty years, Father Cregan led the congrega- they desired. women of this nation who selflessly serve tion at Blessed Sacrament Parish, first as As- Time proved Albert to be correct. All three of the children of he and his wife Viola Baine abroad as Peace Corps Volunteers. sistant Pastor, then as Pastor. Father Cregan are college graduates who are serving others Recently, I had the opportunity to honor also served as Associate Pastor at St. Joseph in pursuit of their careers. Their eldest, Ana Sergeant Shiver, the organizer and first direc- Parish and St. Thomas More Parish. In 1987, Elõ«as Terry, has a master’s degree from the tor of the Peace Corps. His lifelong service is Father Cregan was named Pastor of Our Lady University of Arizona and has worked as a bi- only one shinning example of the quality of in- of Angels Church in Cleveland, where he con- lingual speech therapist for Tucson Unified dividuals the Peace Corps recruits. He, as well tinues to today—providing solace and strength School District for 22 years. Son Albert is also as many other members of the Peace Corps, to this parish community. a University of Arizona graduate and has been has shown that one dedicated individual can Mr. Speaker and Colleagues, please join me an urban planner for almost 20 years with the create positive change in the world. in honor, recognition and gratitude of Father City of Tucson, where he is now the planning Mr. Speaker, I would like to Join my col- John J. Cregan, whose compassion, commit- director. Son Richard parlayed his University leagues in support of National Peace Corps ment and energy continues to create a haven of Arizona degree into winning election to the Week and honor past and present volunteers of assistance, hope and renewal for every Pima County Board of Supervisors and be- who carry out the Peace Corps’ goals and member of Our Lady of Angels parish and for coming its vice chair. who continue to empower people in devel- countless members of our safety forces. Fa- Albert and his sister Aida Elõ«as, the children oping and developed countries through their ther Cregan’s vision, leadership, and love for of Alberto Spring Elõ«as and Ermelinda Moreno efforts. others brings light, hope and possibility to Elõ«as, always have lived their lives as Chris- f Cleveland’s West Park neighborhood, and tians and are dedicated to their religious faith. strengthens our entire community. Today, we Albert has maintained an active lifetime role in PERSONAL EXPLANATION express our gratitude to Father Cregan for his Roman Catholic parish, based at St. making a difference throughout the Cleveland Augustine’s Cathedral in downtown Tucson. HON. DOUG BEREUTER area community. He served for many years as a member of its OF NEBRASKA f Parish Council. IN THE HOUSE OF REPRESENTATIVES Albert’s interest in the printing trade goes RECOGNITION OF ALBERT M. back to his childhood in the 1930s. His grand- Thursday, March 11, 2004 ELI´AS father Moreno had begun publishing the Span- Mr. BEREUTER. Mr. Speaker, on March 9, ish-language El Tucsonense weekly news- 2004, this Member unavoidably missed three HON. RAU´ L M. GRIJALVA paper as a member of the Typographical roll call votes. On all three votes, this Member OF ARIZONA Union in 1915, but he died an early death in would have voted ‘‘aye,’’ had he been present. IN THE HOUSE OF REPRESENTATIVES 1929. El Tucsonense continued publication The three votes were: 1. Rollcall No. 42, pas- Thursday, March 11, 2004 under ownership of his wife, Rosa E. Moreno, sage of H. Res. 519, a resolution expressing and with the help of her five children— the sense of the House of Representatives Mr. GRIJALVA. Mr. Speaker, I rise today in Ermelinda, Gilberto, Federico, Arturo and with respect to the earthquake that occurred in recognition of Albert M. Elõ«as for 50 years of Elõ«as. Before Albert’s 10th birthday he was de- San Luis Obispo County, California on De- service to organized labor and to the progres- livering El Tucsonense by bicycle to the Latino cember 22, 2003; 2. Rollcall No. 43, passage sive political community in Tucson and Pima barrios that dominated much of downtown of H. Res. 392, a resolution congratulating the County as a member of International Typo- Tucson. He worked his way into the print shop Detroit Shock for winning the 2003 Womens graphical Union/Communications Workers of during his years at Tucson High School to be National Basketball Association championship; America Local 7026. a ‘‘printer’s devil,’’ sweeping the floors, clean- and 3. Rollcall No. 44, passage of H. Res 475, Albert M. Elõ«as represents the highest ideals ing presses, and remelting the lead used to congratulating the San Jose Earthquakes for of the labor movement. While others talk make ingots for the shop’s linotype machines. winning the 2003 Major League Soccer Cup. about the need for a strong labor movement to After graduating from Tucson High School in f protect and enhance the lives of working peo- January 1947, Albert went to the Frank ple, Albert, for more than 50 years, has Wiggins Trade School in Los Angeles to learn IN HONOR OF FATHER JOHN J. worked to advance these goals. While others more about printing. After completing those CREGAN have talked about how Pima County and studies in 1948, Albert went to work in the southern Arizona need progressive political print shop that published El Tucsonense, now HON. DENNIS J. KUCINICH success to empower the ordinary and dis- being run by his uncle Arturo Moreno. That OF OHIO advantaged among us, Albert has worked long ended in late 1951 when Albert was drafted IN THE HOUSE OF REPRESENTATIVES hours helping politicians and movements ad- into the U.S. Army. He served in the infantry vocate on behalf of these people. for two years before being honorably dis- Thursday, March 11, 2004 Using the printing skills he has honed for charged. After his discharge, Albert returned Mr. KUCINICH. Mr. Speaker, I rise today in most of his life, the knowledge he has gained to Tucson. But instead of rejoining El tribute and recognition of Father John J. over more than five decades of how the print- Tucsonense, Albert sought membership in the Cregan, Pastor of Our Lady of Angels Church ed word can help realize worthy goals, and Typographical Union as a journeyman, skip- of Cleveland, Ohio, as he is being honored for the personal contacts his honesty, integrity ping apprenticeship because of his experi- his significant outreach and committed service and goodwill have forged, Albert has achieved ence. His skills earned him a position as a li- to the people of our Cleveland community. much and has helped others achieve even notype operator in early 1954 with the Tucson For more than 40 years Father Cregan has more in advancing political movements, and daily newspapers, The Arizona Daily Star and served as a spiritual guide, healer and be- the labor movement in particular. Tucson Citizen.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.013 E11PT1 E354 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 A bitter and ultimately unsuccessful Typo- solve to our enemies. The free nations of the INTRODUCTION OF THE CONGRES- graphical Union strike at the Star-Citizen in world will remain steadfast in our commitment SIONAL ACCOUNTABILITY EN- 1966, over job-depleting automation and the together to ensure that those who hate free- HANCEMENT ACT companies’ rejection of the union’s demand for dom and liberty will not succeed. There are a pension plan, ended Albert’s 12Ðyear stint only two sides in this war: Ours and the en- HON. CHRISTOPHER SHAYS with the daily newspapers. Fortuitously for Al- emy’s. We reaffirm this today in light of the at- OF CONNECTICUT bert, El Tucsonense was in the process of tacks in Madrid. IN THE HOUSE OF REPRESENTATIVES folding and he and a partner, Oscar Araiza, Lastly, it was President Franklin D. Roo- Thursday, March 11, 2004 bought his uncle’s printing shop. Araiza retired sevelt that stated that this Nation and its allies in 1991 and Albert has run Old Pueblo Print- will defend ourselves to the uttermost and Mr. SHAYS. Mr. Speaker, in passing the ers alone since then. work to make certain that acts of war should Congressional Accountability Act (CAA) back Upon taking control of the business in 1966, never be permitted to endanger freedom-lov- in 1995, Congress affirmed a very important Albert and his partner began doing printing ing people again. Quote, ‘‘With confidence in principle: if a law is right for the private sector work for Tucson-area labor union locals and our Armed Forces—with the unbounded deter- and the rest of the federal government, it is Democratic Party candidates for political of- mination of our people—we will gain the inevi- right for Congress. In passing CAA, we brought ourselves fice. One of the first campaigns for which table triumph—so help us God.’’ This quote under 11 labor and employment laws from Albert’s shop printed the political literature was remains just as true today, as it did in Decem- which we had previously been exempt, but it one of the late U.S. Representative Morris K. ber 1941. has become clear our work is not complete. Udall’s bids for office. Udall continued to use Today, we introduced the Congressional Ac- his services after that, as did Robert Kennedy f countability Enhancement Act to try to further for his assassination-truncated 1968 presi- FIRST ALL-FEMALE GRADUATING curtail the double standard that exists between dential campaign. Albert printed campaign ma- CLASS OF PICKER ENGINEERING Congress and the private sector by bringing terials for Rau«l Castro, who was elected as SCHOOL OF SMITH COLLEGE Congress under even more of the laws it has the first Latino governor of Arizona; for Ed passed for the rest of the country. Pastor, who was elected as the first Latino HON. RICHARD E. NEAL Specifically, the CAA omitted Title II of the congressman from Arizona; and for longtime Civil Rights Act, which prohibits racial discrimi- OF MASSACHUSETTS Pima County Supervisors Sam Lena and Dan nation in places of public accommodation— IN THE HOUSE OF REPRESENTATIVES Eckstrom. I, too, came to Albert for my printing like Member’s offices or the Capitol building— needs when I first launched what became a Thursday, March 11, 2004 to Congress. Additionally, CAA did not include 12Ðyear stint on the Tucson Unified School Mr. NEAL of Massachusetts. Mr. Speaker, I whistleblower protections or require that the District Board. I continued to use Albert’s serv- disabled have equal access to all electronic in- ices through 13 years on the Pima County come to the floor to congratulate the first all- female graduating class of the Picker Engi- formation, like Members’ websites and com- Board of Supervisors and, finally, on my 2002 mittee hearing broadcasts. bid for Congress. neering School of Smith College. The Picker Program is committed to advancing opportuni- In addition to extending these important pro- During his career, Albert supported labor tections, the Congressional Accountability En- leader Ce«sar Cha«vez of the United Farm ties for women in engineering. The engineer- ing science program emphasizes an integra- hancement Act would ensure Legislative Workers, he supported the efforts of local Branch employees are protected from discrimi- Latino activists to get their fair share of federal tive teaching approach that will reinvent the standards of engineering and change the fu- nation or termination for serving jury duty, de- funds to improve the homes and neighbor- claring bankruptcy or having their wages gar- hoods of their people, and he supported a ture. The Picker Engineering Program has re- nished for debt—protections inadvertently ex- landmark lawsuit forcing Tucson Unified cluded from CAA. School District to desegregate its schools. Al- invented the role of engineering and thus ex- panded the way in which engineering students We don’t tolerate those kinds of discrimina- bert always has been, and still is, fighting bat- tion in the private sector, and we certainly tles against those who seek to use their finan- view the world. The 20 young women in the graduating class of 2004 have been exposed should not make excuses for them here in cial influence to their own advantage—and at Congress. We have a responsibility as the Na- the expense of ordinary working people. to an interwoven study of humanities and en- gineering. The creators of the academic de- tion’s lawmakers not only to lead by example, Albert M. El«õas deserves special recognition, but also to share the burden we ask others to honor and respect for his five decades of partment have redefined the standard curricula of engineering by integrating liberal arts edu- bear. union membership—and for his meritorious The bottom line is, Congress should not be cation with traditional scientific and mathe- achievements during that time on behalf of above the law. Our bill will help ensure we live matical principles. The Picker Engineering working people and the less fortunate of Pima by the laws we’ve passed. County and Southern Arizona. Program stresses the importance of serving humanity and the protection of natural re- f f sources. The importance placed on environ- PERSONAL EXPLANATION ON THE TERRORIST ATTACK IN mental sustainability and social responsibility MADRID, SPAIN has raised the standards needed for an engi- HON. BOBBY L. RUSH neering degree. OF ILLINOIS HON. JOHN LINDER The Picker Engineering School of Smith IN THE HOUSE OF REPRESENTATIVES College will provide endless opportunities for OF GEORGIA Thursday, March 11, 2004 IN THE HOUSE OF REPRESENTATIVES students seeking an unparalleled education. It has already attracted a dedicated faculty and Mr. RUSH. Mr. Speaker, yesterday, on roll- Thursday, March 11, 2004 will continue to recruit superior staff and fac- call vote No. 50, I inadvertently voted ‘‘aye’’ in- Mr. LINDER. Mr. Speaker, again a horren- ulty. One of the highest percentages of stead of ‘‘nay.’’ I ask unanimous consent that dous act of terrorism has been perpetrated on women faculty, more than sixty percent, of any the RECORD reflect that I was opposed to the freedom-loving people in the world. Today, our engineering programs in the country are em- amendment offered by the gentleman from friends in Spain are in mourning in the face of ployed by Smith College. The Picker program New Jersey, Mr. ANDREWS. another cowardly attack by the enemies of is a leading innovator in educating the next f freedom. News reports indicate that at least generation of engineers. STOPPING VIOLENCE AGAINST 173 people were killed and more than 600 in- While women account for 45 percent of the WOMEN jured in a series of explosions on Madrid’s rail- American workforce, merely 9 percent of engi- way network at the height of morning rush neering careers are held by females. Smith HON. BILL PASCRELL, JR. hour. College is dedicated to eliminating barriers to OF NEW JERSEY Spain has suffered terrible losses from ter- women in engineering while promoting inter- IN THE HOUSE OF REPRESENTATIVES rorism for decades, and the United States disciplinary study. I speak on behalf of the stands by its side today in grief. Our hearts go second district of Massachusetts and the en- Thursday, March 11, 2004 out to the Spanish people in this difficult time. tire State in congratulating Smith College and Mr. PASCRELL. Mr. Speaker, I rise today to As I stated in September 2001, we—and welcoming the Picker Engineering School and call attention to an epidemic plaguing our Na- our allies around the world—will show our re- its students to western Massachusetts. tion—violence against women. Too often we

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hear appalling statistics highlighting this fact; three small parking lots next to IÐ395 on the SCOTT MCINNIS. This bill creates opportunities particularly regarding cases of domestic vio- Pentagon Reservation. for Veterans in rural areas to access timely lence. The court, created by statute in 1988, is an healthcare from doctors and hospitals in their Nearly one-third of American women report independent Article I judicial tribunal that for communities. being physically or sexually assaulted by a the first time gave our Nation’s veterans the Many rural communities understand the husband or boyfriend during their lifetime. The right to judicial review of the Department of value of their community doctors and hos- violence is not limited to adult women: One in Veterans (VA) benefits decisions on their dis- pitals. Rural healthcare is expensive, and five high school girls reports being abused by ability, pension, education and other claims. It these communities are fighting hard to main- a dating partner. should, like all other article I courts, have a tain these resources. Allowing veterans ac- In 2002 in my home State of New Jersey permanent courthouse. cess to community hospitals makes sense for there were 79,844 domestic violence offenses In addition to the court, occupants of the our veterans and our communities. reported by the police. Women were the vic- new Courthouse would be members of those I have a deep appreciation for the men and tims in over 77 percent, or 61,715, of all these constituencies that regularly practice before women who have risked their lives for Amer- domestic violence offenses. In New Jersey, the court, for example, the Veterans Consor- ica’s freedoms and feel our Nation should one act of domestic violence occurs every 6 tium Pro Bono Program, the National Veterans keep its promises to our veterans. minutes and 35 seconds. Legal Services Program, and the appellate at- Throughout our history our Nation has been In Passaic County, New Jersey there were torneys of veterans service organizations. The forced to maintain our commitment to free- 4,892 reported cases of domestic violence. court and the offices of its constituents pay dom, and likewise, we must continue our com- The numbers are shocking. The crimes: hei- over $3.7 million per year for their rent. The mitment to our Nation’s veterans. nous—3 Homicides, 6 Criminal Sexual Con- General Services Administration anticipates f tacts, 2,825 Assaults, 280 Criminal Mischief that the court’s rental costs will increase sub- COOPERATIVE RESEARCH AND cases, 469 Terroristic Threats, 48 Burglaries, stantially in the not-too-distant future, so it TECHNOLOGY ENHANCEMENT 8 Kidnappings, 23 Criminal Trespass cases, 6 would be desirable to relocate the court on a (CREATE) ACT OF 2004 Criminal Restraint cases, 1,183 Harassment government-owned site, if possible. cases, 3 False Imprisonments, 20 Stalking H.R. 3936 would also require the Secretary SPEECH OF cases, and 18 Sexual Assaults. Women were of Defense, the Secretary of Veterans Affairs HON. JOHN CONYERS, JR. the victims in at least 3,767 of these cases. and the Administrator of General Services to OF MICHIGAN We have a responsibility to reverse these submit a joint report to the House and Senate IN THE HOUSE OF REPRESENTATIVES unacceptable statistics. The women of Passaic Committees on Armed Services and Veterans’ County, of New Jersey and the entire Nation, Affairs on the feasibility of locating a new Vet- Wednesday, March 10, 2004 deserve better. No woman should live in fear erans Courthouse and Justice Center at an Mr. CONYERS. Mr. Speaker, I rise in sup- of domestic violence. appropriate site owned by the United States port of this legislation. I cannot overstate the In addition to the terror, domestic violence is that is part of or near the Pentagon Reserva- importance of encouraging collaboration when a serious health care issue that affects thou- tion. it comes to developing new technologies, par- sands of women and their children. The Mr. Speaker, given the past, present, and ticularly in the medical field. That is why Con- health-related cost of domestic violence future sacrifices of the many men and women gress amended the patent laws in the mid- against women exceeds $5.8 billion each of our Armed Forces, I cannot imagine a bet- 1980’s to allow the patenting of inventions year. ter use for one of the present parking lots near even when the inventions were not developed Health care providers are on the front lines the Pentagon, than a stand-alone, dedicated by a single person. of the battle as they often identify domestic vi- Veterans Courthouse and Justice Center to Unfortunately, the Federal courts have inter- olence and provide victims with care and sup- embody the gratitude and respect this Nation preted the law in a way that vitiates our intent port. That is why I support the Domestic Vio- has for the service of every veteran. in enacting it in the first place. The Federal lence Screening, Treatment and Prevention I invite my colleagues to cosponsor this leg- Circuit ruled in the OddzOn case that an in- Act, which would provide research on the islation as a first step toward a Veterans ventor’s knowledge of ‘‘secret prior art’’ could health impact and prevention of family vio- Courthouse and Justice Center for the U.S. prevent the issuance of a patent unless the in- lence; training for health care professionals re- Court of Appeals for Veterans Claims. ventor basically worked in the same organiza- tion that developed the prior art. garding identification and treatment for families f experiencing family violence; and health care This ruling is having a detrimental impact on coverage for domestic violence identification VETERANS ACCESS innovation. Because many universities and and treatment. other non-profits do not enter into the formal There is great need for both women and HON. C.L. ‘‘BUTCH’’ OTTER structures envisioned by OddzOn when they work to develop drugs and other technologies, men to join together to speak out and stop the OF IDAHO they are losing patent protection and an incen- violence. Stop the violence against women. As IN THE HOUSE OF REPRESENTATIVES tive to work together. We will see a decline a Congress, as a Nation, we must work to Thursday, March 11, 2004 protect the rights of women and ensure that not only in collaborations but also in the devel- they have the support and services necessary. Mr. OTTER. Mr. Speaker, many veterans in opment of life-saving drugs and other inven- tions. f the first district of Idaho, which I represent, live in rural areas where access to VA healthcare That is why I am pleased we are consid- INTRODUCTORY STATEMENT FOR facilities is limited. ering this bill, of which I am an original co- H.R. 3936 In Idaho, access for many veterans is lim- sponsor. H.R. 2391 reiterates the importance ited by geography; mountain ranges, rivers, of research collaborations by allowing them to HON. CHRISTOPHER H. SMITH and great distances. These veterans deserve obtain patent protection without entering into formal relationships. This legislation will en- OF NEW JERSEY better access to the health benefits they’ve courage collaboration and spur innovation. IN THE HOUSE OF REPRESENTATIVES earned by serving our country. While there are no easy solutions to these I urge my colleagues to vote ‘‘yes’’ on this Thursday, March 11, 2004 problems, I feel the VA has worked hard to legislation. Mr. SMITH of New Jersey. Mr. Speaker, provide veterans living in rural areas some op- f today, along with Mr. EVANS, and Mr. SKEL- portunities to receive care. TRIBUTE TO IRENE COLLINS TON, I am introducing H.R. 3936, a bill to au- A number of programs including outpatient thorize the U.S. Court of Appeals for Veterans clinics, temporary clinics, and mobile care HON. THADDEUS G. McCOTTER Claims, now located in commercial office units have all helped to address the access OF MICHIGAN space in the District of Columbia, to seek a problem in these areas. IN THE HOUSE OF REPRESENTATIVES new location in the greater national capital re- While these programs have shown some gion. This measure would also express the success, I believe there are other innovative Thursday, March 11, 2004 sense of Congress that a dedicated Veterans ways we can address the access issue. Mr. MCCOTTER. Mr. Speaker, last week my Courthouse and Justice Center should be pro- One such way is limited outsourcing. I am a district lost a beloved member of our commu- vided for the court and the veterans it serves. cosponsor of H.R. 3777, the HEALTHY Vets nity and, with great sorrow, I pay her post- It would be located, if possible, on one of Act, which was introduced by my colleague humous tribute today.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.023 E11PT1 E356 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 Irene Collins was a fiery, dedicated, and environmental and transportation issues for [From the Washington Post, March 5, 2004] very determined lady, who never stopped giv- nearly three years. COUP BY TECHNICALITY ing of herself to her community, be it helping Heather was instrumental in shepherding LATE LAST YEAR 3,448,747 of Venezuela’s troubled teenagers or supporting numerous into law a bill that is important to my commu- 24 million citizens turned out in just four civic activities and community causes. This nity and close to my heart—the San Gabriel days to sign petitions calling for a recall ref- special lady is survived by her four siblings; Valley Watershed Act (Public Law 108Ð65). erendum on President Hugo Chavez. This ex- six children; seventeen grandchildren and Signed into law on July 1, 2003, the bill imple- traordinary civic exercise, monitored by ob- servers from the Organization of American seven great-grandchildren. May all who knew ments a study that will investigate how to pre- States and the Carter Center, offered a her and are terribly saddened by the loss of serve green, open and recreational space in democratic solution to years of political con- Irene take comfort in the kindness of her en- the San Gabriel Valley Watershed in Los An- flict in that important oil-producing na- during works, which constitute the finest and geles County. This law will go a long way to- tion—trouble that threatened to push Ven- truest tribute to her. wards ensuring environmental justice for the ezuela into dictatorship or civil war. Now Mr. Chavez, whose crackpot populism and f community I represent—one that is often the victim of environmental blight, rather than the authoritarian methods provoked the crisis, COMMENDING WHITKO HIGH beneficiary of environmental good fortune. blatantly seeks to stop the vote, in violation SCHOOL ART STUDENTS of his commitment to both the OAS and his Heather is a proud environmental advocate own constitution. His actions have already who constantly pushes to ensure that the prompted a new wave of unrest across the HON. MARK E. SOUDER health and well-being of people remains at the country, including demonstrations in which OF INDIANA top of the environmental agenda. She has at least seven people have been killed. Un- IN THE HOUSE OF REPRESENTATIVES worked with the local cities I represent to less he can be restrained, Mr. Chavez may complete his destruction of one of Latin Thursday, March 11, 2004 focus on cleaning up polluted Superfund sites and assessing the health risks of dust emitted America’s most enduring democracies. Though the constitution, drawn up under Mr. SOUDER. Mr. Speaker, I rise today to by local gravel mining pits. commend the artistic achievements of 15 stu- Mr. Chavez’s own administration, requires 20 As Heather leaves the office to pursue a percent of all voters to back a referendum, dents at Whitko High School in South Whitley, new professional opportunity, I wish her, her opposition groups collected 1 million signa- Indiana. Whitko High School was one of 18 husband Don, and son Isaiah the best of luck. tures more than should have been needed for schools in the United States that recently par- Her warm personality and friendly demeanor the recall vote. These signatures were rigor- ticipated in the 34th World School Children’s will be greatly missed. ously audited by a nonpartisan civic group Art Exhibition in the Republic of China, Taipei. before being forwarded to the electoral com- The purpose of the exhibition is to promote f mission. Yet, after delaying its response for mutual understanding and friendship among weeks, the commission, dominated by Mr. the younger generation of the world. ‘‘CHAVEZ’S DISRESPECT FOR Chavez’s supporters, rejected 1.6 million of DEMOCRACY’’ them, or nearly half the total. To do so, it It is a tremendous honor for Whitko High invented requirements that didn’t previously School students to be recognized for their ar- exist. Most notably, it threw out 876,000 sig- tistic abilities on an international level, espe- HON. BARNEY FRANK natures, each accompanied by a thumbprint, cially considering nearly 40 countries were OF MASSACHUSETTS because someone other than the voter had represented at the exhibition. IN THE HOUSE OF REPRESENTATIVES entered registration details on the petition. Mr. Chavez’s functionaries subsequently I’d now like to recognize by name each of Thursday, March 11, 2004 the fifteen Whitko students who received the announced that they would give about a mil- international award medals: Hannah Mr. FRANK of Massachusetts. Mr. Speaker, lion of those stricken from the list a chance to restore their names—but only if they ap- Brenneman, Mark Harness, Jessica Cripe, last week I released a statement expressing my disappointment with the use by Ven- pear in a limited number of registration cen- Kristine Rotach, Rebecca Morford, Kayla ters during one two-day period. In practice, Green, Adam Porter, Tasia Boggs, Angie Rob- ezuela’s National Electoral Council (CNE) of that poses a next-to-impossible logistical erts, Lisa Wilkinson, Katie Menzie, Jana Row- hyper-technical points and controversial proce- challenge to the opposition, even if there land, Dana Sellers, Emily Crist, and Hillary dural rulings to repress what appears to be were no harassment from Mr. Chavez’s police Lacy. Each of these students has dem- the clear will of a sufficient number of Ven- and civilian goon squads. But attempts by onstrated outstanding artistic skill and talent ezuelan citizens to move the country to a con- the foreign mediators to reverse this by being recognized in the World School Chil- stitutional referendum on President Chavez. Kafkaesque coup have so far been unsuccess- The Organization of American States and ful. dren’s Art Exhibition, and I applaud them for Mr. Chavez, who has built a strong alliance their fine work. the Carter Center observed first hand the with Cuba’s Fidel Castro and imported thou- I also commend Whitko High School’s art democratic spirit shown by Venezuelans dur- sands of Cuban personnel, appears eager for a teacher Walter C. Malicki for his dedication ing the signature collection process, and they domestic and international confrontation. and enthusiasm for developing the artistic have publicly stated that they saw no signifi- Last weekend he called President Bush an abilities of Whitko students. Over the past sev- cant problems with the collection of signa- ‘‘illegitimate’’ president, referred to him eral years, Whitko High School students have tures. with a vulgar epithet and threatened to cut received 32 national and 95 international Both organizations have also said they dis- off oil supplies to the United States. Opposi- agree with the Chavez-dominated electoral tion leaders say that more than 300 people awards. These honors are due, in large part, have been arrested in recent days, and that to the leadership of Mr. Malicki and his en- board’s decision to set aside 876,000 signa- some have been tortured. Given the Bush ad- couragement of each student’s artistic abilities. tures unless citizens come forward to validate ministration’s weak position in the region, Once again, I extend my congratulations to them because the large numbers involved hope for a peaceful or democratic solution the Whitko High School art students for their here, and the short time period allowed in rests mostly with Venezuela’s Latin Amer- achievements in the 34th World School Chil- which to appeal these signatures, could frus- ican neighbors, starting with Brazil. If Mr. dren’s Art Exhibition. Keep up the good work. trate the will of the Venezuelan people to have Chavez continues to deny his people a demo- cratic vote, leaders from those nations must f a referendum on their president. Because the decision of the CNE seems to be prepared to invoke the Democracy Char- RECOGNIZING THE CONTRIBU- ter of the OAS and threaten him with the me likely to obstruct the constitutional ref- isolation reserved for autocrats. TIONS OF HEATHER TAYLOR- erendum process, I am submitting into the f MIESLE CONGRESSIONAL RECORD a recent editorial from The Washington Post entitled ‘‘Coup by IN MEMORY OF THE LATE JOHN HON. HILDA L. SOLIS Technicality’’ which provides specific details MICHAEL ‘‘MIKE’’ SEGER OF CALIFORNIA on the decision. IN THE HOUSE OF REPRESENTATIVES I think it is also important that President HON. JON C. PORTER Chavez understand that if the will of the Ven- Thursday, March 11, 2004 OF NEVADA ezuelan people is disregarded, the inter- IN THE HOUSE OF REPRESENTATIVES Ms. SOLIS. Mr. Speaker, I rise today to rec- national community will appropriately blame ognize Heather Taylor-Miesle, a dedicated and him, as the country’s leader, for contributing, Thursday, March 11, 2004 passionate young woman who has worked in through his rhetoric and actions, to such a Mr. PORTER. Mr. Speaker, I rise today to my office as a Legislative Assistant handling profoundly anti-democratic outcome. mourn the loss of John Michael ‘‘Mike’’ Seger.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.028 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E357 Mike was born on May 16, 1957 in Fort Lee, sions in section 301 of MDUFMA. During this statement appear at the appropriate place in Virginia and later grew up in central Iowa. time, questions concerning the requisite scope the RECORD. Thank you. Mike was the eldest of eight children born into of the labeling requirement can be resolved. f a family with a rich military history. Although The agency, industry and the Congress have unable to continue in the tradition of his grand- an interest in reaching a solution that permits COMMEMORATING THE LIFE OF father, who served in the Pacific front during the identification of the manufacturer of some HENRY JO VON TUNGELN World War II, and his father, who served in categories of products by the end user, yet the Army, due to an accident that left him maintains flexibility for the many other prod- HON. FRANK D. LUCAS blind in one eye, Mike grew up with a strong ucts produced by FDA regulated industries. I OF OKLAHOMA sense of responsibility and a keen intellect. am certain all interested parties will continue IN THE HOUSE OF REPRESENTATIVES After graduating from Lakeview High to work toward that balanced solution. And I Thursday, March 11, 2004 School, Mike attended Briar Cliff College in look forward to finalizing the labeling provi- Mr. LUCAS of Oklahoma. Mr. Speaker, Iowa for two years before moving to Vermont sions in a manner, which meets the concerns today I wish to remember and honor an out- in 1978. There he met his wife of 24 years, of industry, consumers and the FDA. standing citizen, Henry Jo Von Tungeln from Jane, across the parking lot of the Midas Muf- f Calumet, Oklahoma, who passed away on fler in Burlington where he worked. Together PERSONAL RESPONSIBILITY IN February 28th. they started a family with the birth of daughter, Henry Jo was born on May 13, 1931 south- FOOD CONSUMPTION ACT Laura, in 1981 and then with the three month west of El Reno, Oklahoma. He was a fourth premature birth of their triplets, John Richard, SPEECH OF generation farmer and rancher in Canadian Jennifer and Amanda in 1982. Sadly, Amanda County. He was known throughout his com- passed away nine days later due to a ruptured HON. BRAD SHERMAN munity and the State for his commitment to heart valve. OF CALIFORNIA community service and to the agriculture in- While a bookkeeper for Midas Mike’s love of IN THE HOUSE OF REPRESENTATIVES dustry. and involvement in the automotive industry Henry Jo was a tireless champion of agri- Wednesday, March 10, 2004 began. He later followed that love to St. Paul, culture, which was exemplified through his Minnesota where he began working for Leh- The House in Committee of the Whole dedication to numerous agriculture organiza- man’s Garage, Inc. Through the years Mike House on the State of the Union had under tions. He was active in the Oklahoma Farm advanced to Chief Financial Officer and consideration the bill (H.R. 339) to prevent Bureau, where he served as Vice President of served on numerous automotive industry com- frivolous lawsuits against the manufactur- ers, distributors, or sellers of food or non-al- The Oklahoma Farm Bureau State Board of mittees, such as NACE, NABC and ICAR. On Directors. He also served as the Canadian December 3, 2003, Mike received the first coholic beverage products that comply with applicable statutory and regulatory require- County Farm Bureau President for 45 years. ever ‘‘Q’’ Award from the National Auto Body ments: He served 3 terms as Chairman of the Okla- Council in recognition of the ‘‘individual who Mr. SHERMAN. Mr. Chairman, the pro- homa Wheat Commission and was appointed quietly persist in doing the right thing for the by three Governors. He also served as Sec- Collision Repair Industry.’’ ponents of H.R. 339, the Personal Responsi- bility in Food Consumption Act, argue that retary, Vice Chairman and Chairman of the After being diagnosed with Stage Four U.S. Wheat Associates. He served on the Colon Cancer in June of 2003, Mike was those who legally manufacture or sell food should be protected from lawsuits which claim Dean’s Advisory Committee for the Oklahoma blessed with the help of the many friends he State University Division of Agriculture. In had acquired during his journey. He was also the consumption of their product caused weight gain, obesity and/or weight related 2000, Henry Jo received the OSU Master recently reunited with the son, Travis Agronomist award. He was elected to the Tentinger, he had given up for adoption in health conditions. However, the bill applies to manufacturers and sellers of food, as defined Oklahoma Agriculture Hall of Fame in 2002. 1978 and discovered that he was a grand- Henry Jo served on the Oklahoma Beef Coun- father of three adorable children. Although by Section 201(f) of the Food, Drug, and Cos- metic Act, including various nutritional and cil Board of Directors. He received the Okla- Mike’s battle with his cancer ended on Feb- homa Farm Bureau Service Award. Henry Jo ruary 4, 2004, this reunion and the constant weight loss supplements, like Ephedra, which are in effect marketed as drugs. served on the International Trade Commis- support of his friends and family made the last sion. He was elected Progressive Farmer Man months of Mike’s life as full as possible. Congress should deal separately with stat- utes regarding food purveyors and those law- of the Year in 2001. He also received the Agri- Mike Seger was the type of man who is the culture Ambassador Award from Redlands backbone of community life in our country: suits relating to the manufacture or marketing of nutritional supplements which are marketed Community College. quiet, dependable, hardworking. I urge the Perhaps Henry Jo was best known for House to join me in mourning the passage of as if they are drugs—some of which have the same benefits and risks of drugs. opening his home to many of us for discus- Mike Seger and extending our condolences to sions about the things that would benefit his his family and friends. The amendment offered by the Gentle- woman from Texas (Ms. JACKSON-LEE) sought community and the agriculture industry, so f to clarify the bill. But the proponents of the bill that future generations could enjoy the same MEDICAL DEVICES TECHNICAL rejected this amendment. As a result, the bill way of life that he so enjoyed. He welcomed CORRECTIONS ACT is confusing in its scope and I voted against many to his dinner table, including inter- it for that reason. national groups who were visiting Oklahoma to SPEECH OF I hope the bill is improved in the Senate to learn more about our agricultural products. He apply only to those who sell ‘‘food’’ as that was an amazing ambassador for our State. HON. EDOLPHUS TOWNS Mr. Speaker, I join today with Henry Jo’s OF NEW YORK term is normally used. Products marketed as drugs should be dealt with separately. family, friends, and community to honor his life IN THE HOUSE OF REPRESENTATIVES and his commitment to his family, his commu- Tuesday, March 9, 2004 f nity, and to the advancement of agriculture. He was an outstanding man and will truly be Mr. TOWNS. Mr. Speaker, the House is to PERSONAL EXPLANATION missed by all who knew him. be commended for swift action this week on S. 1881, The Medical Device User Fee and HON. PORTER J. GOSS f Modernization Act. This bill removes the bar- OF FLORIDA SPECIAL TRIBUTE TO GARY L. riers that would have prevented the program IN THE HOUSE OF REPRESENTATIVES BRYENTON FOR HIS DEDICATED from functioning as intended. I am particularly SERVICE IN THE STATE OF OHIO pleased about the provisions concerning third Thursday, March 11, 2004 party inspections, which were included in the Mr. GOSS. Mr. Speaker, this evening I had HON. PAUL E. GILLMOR to depart early for a previously scheduled bill. OF OHIO The training for the third party inspection meeting. As a result, I was not able to be IN THE HOUSE OF REPRESENTATIVES program is complete and with passage of S. present for rollcall votes 52, 53, and 54. Had 1881, the program will finally get underway. S. I been present, I would have voted ‘‘no,’’ on Thursday, March 11, 2004 1881 also rightly includes an 18-month delay rollcall votes 52 and 53. I would have voted Mr. GILLMOR. Mr. Speaker, it is with great in the implementation of the labeling provi- ‘‘yea,’’ on rollcall vote 54. I request that this pride that I rise today to pay special tribute to

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.033 E11PT1 E358 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 Mr. Gary L. Bryenton, an outstanding gen- that would grant unconditional and permanent grant Ukraine PNTR now, so long as Con- tleman and good friend from Ohio, upon his normal trade relations (PNTR) to Ukraine and gress retains a meaningful, effective tool to retirement from his position as the Executive remove Ukraine, unconditionally and perma- ensure that U.S. interests are fully addressed Partner of the Baker and Hostetler law firm, nently, from the application of the so-called in those negotiations. And, there are many headquartered in Cleveland, OH. Jackson-Vanik amendment. The legislation critical issues that still need to be addressed— Gary Bryenton grew up on a farm in would provide an historic update in U.S.- Ukraine’s protection for intellectual property Litchfield, OH, in Medina County. He grad- Ukraine trade relations. It would strengthen rights, commitments to open its auto market, uated from Buckeye High School in 1957. U.S.-Ukraine relations and reinforce progress commitments in the services and other sec- Gary started his professional career fol- Ukraine has made in many areas. Additionally, tors, to name just a few. Moreover, there have lowing his graduation from Heidelberg College the legislation would ensure that Congress been a number of recent trade tensions with in 1961. He then moved on to work for the Ar- continues to play an active role—with the Ad- Ukraine—including in the poultry sector. While thur G. McKee Company in Cleveland, as an ministration and with Ukraine—in confronting these appear to have been addressed, they assistant editor. Gary was graduated from trade disputes and negotiating the terms of renewed concerns in Congress about trade re- Case Western Reserve Law School in 1965, Ukraine’s WTO accession. lationships with Ukraine. where he served as Editor-in-Chief of the law This legislation is the culmination of a This legislation ensures that Congress will review and was a member of the National month’s long effort, involving consultations continue to play an active role in addressing Moot Court Team. Upon graduation, Gary with the Ukrainian Embassy, Ukrainian groups trade problems as they emerge and in obtain- joined the law firm of Baker, Hostetler & Pat- in the United States, other Members of Con- ing a strong WTO accession agreement from terson as an associate. gress, including some on the Helsinki Com- Ukraine. While giving up the precedent of Mr. Speaker, in 1972, Gary became a part- mission, and other groups that have ex- using the PNTR vote as a proxy for approval ner in his law firm and was appointed Man- pressed an interest in Ukraine’s removal from of WTO accession, the legislation allows Con- aging Partner of the Cleveland Office. He be- Jackson-Vanik. I think that it addresses many gress to consider a resolution directly address- came a member of the Policy Committee in of the concerns that have been raised in a ing the terms of agreement between the U.S. 1987, was appointed Chief Operating Officer way that will help Ukraine PNTR on its way and Ukraine on Ukraine’s WTO accession. in 1996, and was elected as the Executive through Congress. While in its form, this resolution would be non- Partner (CEO) of the 550Ðmember firm in The legislation expands on a Ukraine PNTR binding on the Executive, it would provide 1997. bill that my brother and I introduced a couple Congress with an important tool to assure The responsibilities of this position involved of years in the 107th Congress (H.R. 4723/S. itself continuing oversight over the Executive directing and managing all executive functions, 3089). The bill we are introducing today re- as it forms the terms of Ukraine’s WTO acces- serving as principal spokesman for the firm, flects updates and improvements from our sion. serving on numerous charitable, civic, private, previous bill, which we believe will help this There are two sides to the PNTR coin—the and public company boards of directors, and one garner the broad support necessary to trade issues and the ‘‘Jackson-Vanik’’ issues. occasionally taking on the responsibilities as push the issue along. The Jackson-Vanik amendment was a historic legal counsel for some of the firm’s larger cli- I am aware that there are elections in piece of legislation, aimed at addressing a se- ents. Ukraine later this year, and we all know how rious problem in the former Soviet Union. It Mr. Bryenton has held a number of other important it is that those elections be con- set forth important criteria related to freedom administrative positions at the firm, in addition ducted transparently and fairly, in accordance of emigration necessary for certain countries to chairing the firm’s Policy Committee. These with international norms. My reasons for sup- to obtain normal trade relations with the other positions include Chairman of the Re- porting PNTR for Ukraine relate to the impor- United States. Even from its inception, how- cruiting Committee, Chairman of the Practice tance of Ukraine and what PNTR can mean ever, the Jackson-Vanik amendment was not Development Committee, and Chairman of the for its economic and democratic development, only concerned with freedom of emigration, firm’s Community Relations and Political Ac- not to any individual candidacy. but also reflected the American commitment to tion Committees. Mr. Bryenton has served as It is useful to recall that the Jackson-Vanik human rights and freedom of religion. This fact a trustee of the Cleveland Bar Association, a amendment was itself an amendment to Title is evident not only in the preamble of the member of its Professional Ethics Committee, IV of the Trade Act of 1974, a trade statute. Jackson-Vanik amendment, but also in the op- and Editor of the Cleveland Bar Journal. In particular, Title IV created a framework for eration of U.S. relations with the former Soviet He also serves on the boards of directors of conducting trade relations with non-market countries for nearly 30 years. many corporations and on the boards of trust- economies. The Jackson-Vanik amendment, I think it is appropriate, then, that as we ees of numerous charitable and civic organiza- which has been an effective tool for raising consider graduating Ukraine from the Jackson- tions. Mr. Bryenton is a Board member of the freedom of emigration and human rights con- Vanik amendment, that we place a strong em- Cleveland Orchestra, The National Conference cerns, is a key element of Title IV; however, phasis on American values of freedom of emi- for Community and Justice, The Greater the underlying purpose and function of the gration, religious freedom, and human rights Cleveland Growth Association, and the Rock statute were and remain the conduct of trade issues. These were the issues at the core of and Roll Hall of Fame and Museum. He is the relations. the Jackson-Vanik amendment, and continue Chairman of the Board of Trustees of Heidel- Accordingly, PNTR legislation must address to be relevant when considering termination of berg College, from which he and his wife, Bar- fundamental trade issues. Consistent congres- this amendment. I am glad that we were able bara, were graduated. sional practice is to grant PNTR to a country to craft a bill that addresses these vital issues Mr. Speaker, I ask my colleagues to join me that is subject to Jackson-Vanik only at the in a responsible way, rather than giving them in paying special tribute to Gary L. Bryenton. time of the country’s WTO accession, or when ‘‘check-the-box’’ cursory treatment or not ad- Our communities are served well by having negotiations on accession were effectively dressing them at all. such honorable and giving citizens, like Gary, completed. In this way, Congress’s vote on f who care about their well being and stability. PNTR has served as a way to signal approval We wish Gary and his family all the best as for the country’s WTO accession agreement. INTRODUCTION OF FEDERAL AIR we pay tribute to one of Ohio’s finest citizens. Under this approach, Congress was able to MARSHAL LEGISLATION f exercise its constitutional prerogative to regu- late commerce with foreign nations, and the HON. FRANK A. LoBIONDO INTRODUCTION OF A BILL THAT American people benefited from the Adminis- OF NEW JERSEY WOULD GRANT UNCONDITIONAL tration negotiating the strongest possible IN THE HOUSE OF REPRESENTATIVES AND PERMANENT TRADE RELA- agreement. TIONS TO UKRAINE This precedent has led to an important se- Thursday, March 11, 2004 ries of successful accessions to the WTO, in- Mr. LOBIONDO. Mr. Speaker, I rise today to HON. SANDER M. LEVIN cluding most notably for China, on terms that introduce legislation to allow the Federal Air OF MICHIGAN reinforced the WTO rules-based system, and Marshal Service to offer their specialized train- IN THE HOUSE OF REPRESENTATIVES brought great benefits to the people of the ing services to foreign law enforcement per- United States as well as other WTO countries. sonnel. Thursday, March 11, 2004 In the case of Ukraine, WTO accession Last December, in the wake of perceived Mr. LEVIN. Mr. Speaker, today my brother, terms are still being negotiated. I believe it is threats to certain flights from foreign countries, Senator LEVIN, and I have introduced a bill appropriate to depart from that precedent and the Department of Homeland Security placed

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.038 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E359 a requirement on foreign airlines to carry and Slovenia into NATO. I especially want to INTRODUCTION OF LEGISLATION armed law enforcement personnel on flights congratulate the many citizens and patriots in TO PROTECT CALIFORNIA MEDI- into or over the United States determined by these nations and across the world who have CARE BENEFICIARIES FROM U.S. intelligence to be a threat or suspected struggled to get us to this historic moment. BEING FORCED INTO HMOS BY threat. Your efforts will make a difference for genera- THE REPUBLICAN MEDICARE With this important directive in mind, my leg- PRESCRIPTION DRUG BILL tions to come. islation would allow the Federal Air Marshal Service to offer their specialized training to for- f HON. FORTNEY PETE STARK eign law enforcement personnel. The legisla- OF CALIFORNIA tion would also require the sponsoring foreign COMMENDING INDIA ON ITS IN THE HOUSE OF REPRESENTATIVES country to reimburse the Service for the cost CELEBRATION OF REPUBLIC DAY Thursday, March 11, 2004 of training. The Air Marshal training facility located in Mr. STARK. Mr. Speaker, I rise with my ENRY AXMAN Pomona, NJ, is unique. It is the world pre- SPEECH OF California colleague H W and 24 of miere facility for the very specialized on-board our Democratic California colleagues to intro- aircraft law enforcement training. The training HON. JOSEPH CROWLEY duce important legislation to protect Califor- they receive there is far more sophisticated nia’s Medicare beneficiaries from being forced OF NEW YORK than just airborne firearm proficiency and hand into HMOs. to hand combat. Air Marshals are also trained IN THE HOUSE OF REPRESENTATIVES The Republican Medicare prescription drug to help out in any airborne emergency situa- law has many downfalls. The legislation we are introducing today corrects only one of tion, including evacuating passengers and fly- Wednesday, March 10, 2004 them, but it is an especially important fix for ing a pilotless plane. The facility does a tre- Mr. CROWLEY. Madam Speaker, it gives seniors and people with disabilities who live in mendous job teaching students to safely and me great pleasure to stand here today rep- California. efficiently eliminate a terrorist threat under resenting the citizens of America in honoring As part of the prescription drug law, Repub- very confined and crowded conditions all while licans insisted on including a demonstration traveling at over 30,000 feet in the air. India’s Republic Day. Fifty-five years ago India reached the goal that every great nation project beginning in 2010 that would require My legislation will allow students from the traditional fee-for-service program to com- strives to attain which is the formation of a across the globe access to the intense training pete against private HMOs and other man- regime available only at the Pomona facility Democratic Republic. We as a Democratic na- aged care plans for payment. This so-called and better equip America’s allies to help us tion must extend our recognition to the fellow ‘‘premium support’’ or ‘‘comparative cost ad- fight the War on Terror. nations of the world who represent the ideals justment’’ demonstration will cause Medicare f of freedom and liberty, the same virtues, beneficiaries who choose to remain in tradi- RECOGNITION OF NATO which make our country so beautiful and cele- tional fee-for-service Medicare to pay more ENLARGEMENT brate with them as we are all believers in De- and more for that choice. This cost differential mocracy. will economically force people into HMOs— even if those plans do not meet their health HON. JOHN SHIMKUS The Indian nation represents one of the care needs. Its part of the overall goal of the OF ILLINOIS emerging nations in our increasingly bill to dismantle Medicare as we know it. IN THE HOUSE OF REPRESENTATIVES globalized world. Boasting a GDP, the main Because we don’t want California’s seniors Thursday, March 11, 2004 indicator of economic success, that is number to be forced into health plans against their will, Mr. SHIMKUS. Mr. Speaker, I rise today to 4 on the world rankings, shows how impres- we’ve authored legislation to exempt California recognize the upcoming enlargement of NATO sive their rise has been in such a short period from eligibility for this wrong-headed dem- when Bulgaria, Estonia, Latvia, Lithuania, Ro- of time in relation to gaining independence onstration program. Senator BOXER has introduced companion mania, Slovakia and Slovenia are added as from monarchy rule. official members of the North Atlantic Treaty legislation in the Senate (S. 2116). Upon intro- Organization. Their citizens which are part of the social duction, she said the following: Each of these nations, formerly part of the and economic fabric of many of the world’s In California, 12 of its metropolitan statis- Soviet bloc, has emerged from their long countries including the United States are tical areas (MSA) now qualify for the dem- onstration project. If the two largest MSAs struggle towards freedom as examples of the known for there academic success, business are chosen for this demonstration project, 1.4 good that can come from people working to- prowess, and social acceptance. Specifically million Californians will be faced with a gether towards a common goal—in this case in the United States they are a vibrant com- Hobson’s choice. They will be required to democracy and individual freedom. munity holding the highest per capita income join an HMO or pay higher premiums. That brings us to the real question: Why is As one of the co-chairs of the Baltic Caucus of any other minority community. and a fourth generation Lithuanian, I can per- this necessary? Is it because seniors can’t sonally attest to the efforts and personal sac- The Indian American community’s love for choose HMOs under the current system? No. the US and its people has also been dem- Seniors can choose to join an HMO right now rifices that the people of these nations have if they wish. I’ll tell you why: It is a back- been making for many decades now. Their de- onstrated in their increasing participation with door attempt to achieve Newt Gingrich’s vi- termination to rid themselves and their coun- the political scene. Wanting to get involved so sion for a Medicare that will ‘wither on the tries of communist and dictatorial rule is a as to be in a position to add a new and fresh vine.’’’ humbling lesson for those of us who have perspective should be commended and sup- We agree with Senator BOXER. Seniors and never known life without freedom. ported. We must remember that our fore- people with disabilities should have the right to We should welcome their commitment to fathers once immigrated from foreign lands join a managed care plan in Medicare if they freedom and provide them with the support feel that plan will best meet their health care and it was their work and commitment to a they need to help insure that these growing needs. That right exists in Medicare today and democracies will flourish and become role strong country that allowed us to flourish is preserved in the Republican-passed pre- models for other nations yearning for the through the years. Today we as Americans scription drug legislation. However, no senior same. Adding these nations to NATO is an ex- will recognize the same efforts being put forth should be FORCED to join an HMO because tremely important step forward in our efforts to by the Indian American community in their at- it is the only way that they can obtain afford- promote freedom and in our efforts against tempts to add to America’s prosperity and able health care. worldwide terrorism. continual success in the years to come. That’s why we’ve joined together to intro- Already, many of these nations have made duce this bill to exempt California from eligi- I commend India for it’s 55th Anniversary of tremendous contributions to our efforts to sta- bility for the demonstration program—a dem- bilize Iraq and have a lasting impact in bring- its foundation as a republic and point to many onstration that would force seniors into a Hob- ing peace to the Middle East. Clearly, these future years ahead of successful partnership son’s choice that will limit their access to the are nations that recognize the world beyond between India and the United States. health care they need and result in the real their own borders. goal of the Republican-passed Medicare legis- I am extremely proud to welcome Bulgaria, lation: the dismantling of the Medicare pro- Estonia, Latvia, Lithuania, Romania, Slovakia, gram.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A11MR8.041 E11PT1 E360 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 UFW WINS HISTORIC CONTRACT PERSONAL EXPLANATION community, Officer Collura was fatally shot on April 17, 2003, in the line of duty. Throughout HON. LUIS V. GUTIERREZ her life, Mary Ann Collura embodied what is HON. GEORGE MILLER OF ILLINOIS best in our communities—she was coura- geous, kind, and concerned about the world OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES and people around her. Renaming the main IN THE HOUSE OF REPRESENTATIVES Thursday, March 11, 2004 post office in Fair Lawn after Mary Ann will Mr. GUTIERREZ. Mr. Speaker, due to ill- help ensure that her legacy lives on. Thursday, March 11, 2004 ness I missed roll call votes 12 through 18 The fact that a Fair Lawn High School stu- Mr. GEORGE MILLER of California. Mr. that were called February 2, 3 and 4, 2004. I dent came up with the idea of renaming the post office speaks volumes about how much Speaker, I wish to call my colleagues’ atten- would like the record to show that, had I not Officer Collura meant to the people of Fair tion to a recent collective bargaining agree- been ill and been present, I would have voted ‘‘yea’’ on rollcall votes 12, 13, 14, 15, 16, 17, Lawn. Officer Collura fought hard for what was ment between Pictsweet Mushroom Farms in and 18. right and worked tirelessly each day, risking Ventura, California and the United Farm Work- I was also unavoidably absent from this her life, to make sure the residents of Fair ers. This agreement deserves note on several chamber on March 2 and 9, 2004. I would like Lawn and their families were safe. The post counts. the record to show that, had I been present, office redesignation is just one way in which First, it marks the first time since 1987 that I would have voted ‘‘yea’’ on rollcall votes 32, we can honor her life in the Borough she the employees at Southern California’s largest 33, 42, 43 and 44. loved. mushroom farm have been able to work under f By renaming the post office in Fair Lawn a collective bargaining agreement. As a result, after Officer Mary Ann Collura, we are ensur- HONORING THE DEDICATED ing that she will always have a presence in 300 workers will enjoy higher wages, in- SERVICE OF CARY MASIN our community. Officer Collura was a beloved creased job security, and a company-paid and trusted member of the Fair Lawn commu- health plan. HON. BART GORDON nity, which is why renaming the main post of- Second, it removes Pictsweet products from OF TENNESSEE fice is fitting. the boycott list. Pictsweet was first organized IN THE HOUSE OF REPRESENTATIVES f in 1975 and operated under a collective bar- Thursday, March 11, 2004 HONORING MARILYN BICKEL gaining agreement until 1987, when the plant was bought by United Foods Inc. United Mr. GORDON. Mr. Speaker, I rise today to HON. RAHM EMANUEL Foods was intransigent in its refusal to enter recognize the invaluable service and tremen- OF ILLINOIS a collective bargaining agreement with the dous contributions that Cary Masin has given Tennessee’s Sixth Congressional District. IN THE HOUSE OF REPRESENTATIVES UFW. In 2000, the UFW called for a national Cary has been a dedicated member of my Thursday, March 11, 2004 boycott of Pictsweet products and that boycott Washington, DC, staff for the past five years. Mr. EMANUEL. Mr. Speaker, I rise to con- forced the plant to cut production by as much But she is moving on to greener pastures. as half. By finally agreeing to deal fairly with gratulate Marilyn Bickel of Chicago on her re- Cary’s last day is Monday, and although my cent retirement after seventeen years of excel- its workers, Pictsweet will become a more staff and I are sad to see Cary leave, we are lence and dedication as Chief of Staff to Al- profitable and productive facility. glad she has taken a job that will further her derman Patrick J. Levar of the 45th Ward. Most importantly, however, this contract is career and is worthy of her incredible abilities. Marilyn Bickel has served the Chicago City the first to result from the enactment of Cali- Cary has proven to be an outstanding legis- Council and the Jefferson Park neighborhood fornia’s law allowing farm workers or growers lative assistant on Capitol Hill. Her uncanny in- ever since Alderman Levar was first sworn in to seek mandatory mediation for farm labor sight, hard work and rock-solid research skills on April 16, 1987. She met the Alderman negotiations that have reached impasse. have helped me do my job better. Those when he was a junior attending St. Patrick same abilities have also gained the respect of Pictsweet was adamant in its refusal to nego- High School and began working for him during her colleagues. tiate a bargaining agreement. The UFW sub- his first election. Cary is a talented professional who always During this time, Marilyn was asked to work mitted the dispute to mediation in July and the completes the task at hand, no matter how with the Polish-speaking community in the St. mediator issued a proposed labor agreement complicated or tedious. She has truly excelled Constance Parish area and was later given a on January 30. The company has decided to in the fast-paced environment of Congress. permanent place on his staff. proceed with implementation of the mediator’s Through it all, though, Cary always took the Marilyn worked hard to develop close rela- report. As a consequence, the right of workers time to bestow a compliment or kind word to tionships with the many Chicago departmental to benefit from collective bargaining has been most everyone she met. She will now share representatives and always knew the right per- preserved and the company has the oppor- her tremendous abilities and experience with son to contact for a constituent in need. tunity to move from intransigent, ideological her new employer, who should be ecstatic Marilyn always went out of her way to provide views of labor relations to pragmatic consider- over having found such a fine person. assistance to those who were unable to ac- ations of how best to work with their workers. Thanks for all your help, Cary. You will al- cess alternate means of assistance. Pictsweet workers were among the strongest ways have a special place in my heart. Good In addition, Marilyn has served as a liaison to local chambers of commerce for Alderman proponents of the mandatory mediation when luck in your new job, and may God bless you in your future endeavors. Levar. She calmly dealt with many difficult cir- it was under consideration. It is fitting that they f cumstances, most notably the period following and their employer are the first to benefit from the terrorist attacks of September 11th. In a it. OFFICER MARY ANN COLLURA time of apprehension and doubt, Marilyn Mr. Speaker, I want to commend the work- worked to console the fears of her fellow ers at Pictsweet and President Arturo HON. STEVEN R. ROTHMAN Chicagoans, and the residents of the 45th Rodriguez and the leadership of the UFW for OF NEW JERSEY Ward. this historic achievement. I also want to com- IN THE HOUSE OF REPRESENTATIVES Marilyn’s family has also been a priority in her life. Her two children, Robert and William, mend my colleagues in the California Legisla- Thursday, March 11, 2004 ture for developing a model for the rest of the are the proud parents of her grandchildren Mr. ROTHMAN. Mr. Speaker, I am honored Bob, Ashley, Debbie and Bailey. In retirement, nation on how we can provide workers with a to introduce a bill, at the suggestion of a high she will join her husband, Bill Bickel, who re- meaningful voice in the determination of their school student in my district, and with the sup- tired after a 32 year career with the Chicago wages and working conditions. Legislation that port of the entire New Jersey House delega- Police Department. Marilyn and Bill will now I have introduced to restore meaningful collec- tion, authorizing the renaming of the main post have the opportunity to travel more, something tive bargaining rights to American workers, the office in Fair Lawn, New Jersey, as the Mary Marilyn has long been waiting to do. Employee Free Choice Act, includes a similar Ann Collura Post Office. Mr. Speaker, I join with all of the residents provision providing for mediation and arbitra- After dutifully serving eighteen years as an of Jefferson Park and the 45th Ward of Chi- tion of first contracts. outstanding officer and a role model in her cago in congratulating Marilyn Bickel on her

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A11MR8.046 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E361 retirement, and wish her, and her wonderful HONORING SPC JACOB S. Western Region have an extensive program of husband Bill, all the happiness in the future. FLETCHER service to the community such as assisting f newly arrived immigrants with clarification of HON. STEVE ISRAEL legal matters, translation, preparation of docu- TRIBUTE TO DR. HELEN ments, employment, distribution of food and WASHBURN OF NEW YORK IN THE HOUSE OF REPRESENTATIVES other necessities and financial aid, serving over 50,000 clients annually. In an effort to en- HON. IKE SKELTON Thursday, March 11, 2004 hance the education of the society’s members OF MISSOURI Mr. ISRAEL. Mr. Speaker, I rise today to and encourage their involvement in public IN THE HOUSE OF REPRESENTATIVES honor the memory of SPC Jacob S. Fletcher, service, the ARS sponsors many educational Thursday, March 11, 2004 a fallen soldier from my district. SPC Fletcher programs such as summer camps, Saturday gave his life on November 13, 2003 in schools, numerous scholarships, and cultural Mr. SKELTON. Mr. Speaker, it has come to Samarra, Iraq. activities including lectures, concerts and art my attention that Dr. Helen Washburn will re- Jacob was the most recent in a long line of exhibitions. One of the most successful pro- tire as President of Cottey College in Nevada, heroes to make the ultimate sacrifice for his grams has been the ‘‘Sponsor a Child’’ pro- Missouri. Cottey College is a two-year, inde- country. In the two and a quarter centuries of gram through which the Western Region cur- pendent women’s college that for the past 18 our nation’s history, our country has faced rently sponsors over 1000 children. years has benefitted from the fine leadership seemingly insurmountable obstacles. But in The ARSWR has been able to meet and ful- of Dr. Washburn. generation after generation, Americans have fill its challenges for 20 years because of a In her time at Cottey College, Dr. Washburn risen to the occasion and met every challenge. base of dedicated grassroots supporters, vol- has been the most valuable of leaders. Seeing In the 18th century, our forefathers were unteers and donors. It is this partnership that needs, she worked to address them and make able to beat back the greatest military super- has made such growth and impact possible the experience at Cottey of the highest quality. power in the world to secure our independ- and will continue to do so in the 21st century. As an example, Dr. Washburn was instru- ence. In the 19th century, Americans defeated It is my distinct honor to recognize the Ar- mental in combating a trend that she observed the greatest injustice in the world—slavery. menian Relief Society Western Region’s innu- of young women losing interest in math and And in the 20th century, millions of patriots, in merable accomplishments over the years. I sciences at a young age. In response, she what has come to be known as America’s ask all members to join me in congratulating created a summer science camp held on the greatest generation, defeated the greatest evil ARS Western Region’s 20 years of myriad of Cottey campus. This camp was exclusively for the world has ever known—the Nazis. Jacob cultural and social contributions to all aspects young women. In addition, Dr. Washburn’s was part of a generation that faces a newer, of the community. long-range planning efforts resulted in an As- but no less dangerous tyranny. f sociate of Science degree to compliment the He was born and raised on Long Island. In Associate of Arts already offered. many ways, he was very much like the hun- IN HONOR OF 2ND LT. CHRIS Dr. Washburn’s efforts to aid in the edu- dreds of thousands of other children in our AYOUB, U.S.A.F. CADET OF THE cation of young women can be seen in other country—with one remarkable exception. YEAR aspects of Cottey College. She led the cam- Jacob was willing to make the ultimate sac- paign to construct the Rubie Burton Academic rifice to secure the blessings of liberty—for his HON. PETE SESSIONS Center, a state-of-the-art academic facility that countrymen, for our children, and for Amer- OF TEXAS helps students keep up with the latest tech- ica’s future. By sacrificing himself for our way IN THE HOUSE OF REPRESENTATIVES nology. The Center for Women’s Leadership of life, Jacob died an American hero. Thursday, March 11, 2004 aids young women in becoming tomorrow’s By fighting for a better world, Jacob, as the leaders. Most recently, under Dr. Washburn’s poet John Gillespie Magee, Jr. wrote, ‘‘slipped Mr. SESSIONS. Mr. Speaker, I rise to honor leadership, Cottey College received ten-year the surly bonds of earth’’ to ‘‘touch the face of one of my Academy appointees that has truly continued accreditation with The Higher Learn- God.’’ May his name be remembered through- distinguished himself at the U.S. Air Force ing Commission of the North Central Associa- out history, and may he serve as a source of Academy. 2nd Lt. Chris Ayoub of Richardson, tion of Colleges and Schools. strength and pride to future American genera- Texas. Chris was recently honored last week In recognition of the many accomplishments tions. as the U.S. Air Force Cadet of the Year. realized during her time as President of Cottey The Air Force Cadet of the Year Award was f College, Dr. Washburn has been the recipient established by the Air Squadron of the United of many awards. For her efforts in creating an IN RECOGNITION OF THE ARME- Kingdom to recognize the best cadet in a international community on campus, the NIAN RELIEF SOCIETY WESTERN United States Air Force Commissioning Pro- French government named her an Officer in REGION’S 20TH ANNIVERSARY gram. The British Air Squadron is a private or- the National Order of Merit. In 2003, she was ganization comprised of British citizens who named Chief Executive Officer of the Year for HON. ADAM B. SCHIFF wish to pay tribute to the U.S. military for the District VI of the Council for the Advancement OF CALIFORNIA support it has provided to the United Kingdom and Support of Education. In addition, the Uni- IN THE HOUSE OF REPRESENTATIVES over the years. 2nd Lt. Ayoub is the fourth re- versity of Idaho, from which she earned her cipient of the Air Force Cadet of the Year bachelor’s and master’s degrees, presented Thursday, March 11, 2004 Award. her with the prestigious Silver and Gold Mr. SCHIFF. Mr. Speaker, I rise today to The Honorable James Roche, Secretary of award, an honor based on career achieve- honor the Armenian Relief Society Western the Air Force; General John P. Jumper, Air ment, and the University of Idaho Alumni As- Region as it celebrates its 20th anniversary of Force Chief of Staff and native Texan; Gen- sociation inducted Dr. Washburn into its Hall serving communities in the United States. eral Michael ‘‘Buzz’’ Moseley, Air Force Vice of Fame. Founded in 1910, the Armenian Relief Soci- Chief of Staff and native Texan; Royal Air There can be no greater testament to an ety brought together the existing women’s Force Air Commodore Jerry J. Witts, British educator than the accomplishments of her stu- groups into a cohesive nationwide organiza- Air Attache« and Assistant Defence Attache«; dents. The many women who have passed tion with the main goal of serving the needs of and the Honorable Christopher Sharples, Air through the halls of Cottey College under the the victims of the Armenian genocide. As an Squadron of the United Kingdom, were on leadership and direction of Dr. Washburn have independent non-government and non- hand for the presentation of the award at the proven to be a worthy and lasting legacy. And sectarian organization, the Armenian Relief Pentagon on Thursday, March 4, 2004. though Dr. Washburn will soon be leaving the Society serves the social and educational I was honored to see Chris receive his Cottey campus, many more women in the needs of Armenian communities throughout award at the Pentagon last Thursday, and to years to come will benefit from her out- the world, seeking to preserve the cultural be with him for his visit to the White House. standing work during her 18 years as its Presi- identity of the Armenian nation as well as President Bush congratulated 2nd Lt. Ayoub dent. bringing humanitarian aid to all communities in on this prestigious and well-deserved award. Mr. Speaker, I am sure the Members of the distress—Armenian and non-Armenian alike. I salute Chris for his commitment to serve House will join me in honoring Dr. Helen In response to the growing needs of the the country and the U.S. Air Force, as I know Washburn for her years of service and in communities, the ARSWR was established as that this will be the first of many accomplish- wishing her all the best in the days ahead. a region in 1984. The 26 chapters of the ments during his tenure of service.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A11MR8.050 E11PT1 E362 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 2004 COMMENDING THE BRAVE MEN quick action and unselfish acts of the men and HONORING THE MEMORY OF LT. AND WOMEN OF THE NAVAL RE- women of the Naval Reserve Center. GOVERNOR HENRY E. MILLIN SERVE CENTER IN BALTIMORE Mr. Speaker, in closing, I ask my colleagues HON. ELIJAH E. CUMMINGS to join me in recognizing the many individuals HON. DONNA M. CHRISTENSEN from the Naval Reserve Center who always OF THE VIRGIN ISLANDS OF MARYLAND work tirelessly to reach out to their neighbors IN THE HOUSE OF REPRESENTATIVES in times of emergency. I want to applaud and IN THE HOUSE OF REPRESENTATIVES Thursday, March 11, 2004 recognize these heros by name: Commander Thursday, March 11, 2004 Jim McGovern, Command Master Chief Melvin Mr. CUMMINGS. Mr. Speaker, I rise today Mrs. CHRISTENSEN. Mr. Speaker, I rise Johnson, Commander Peterson Decker, Sen- to ask my colleagues to join me in com- today to pay tribute to an individual that was ior Chief Vincent Scardina, Petty Officers Jerry mending the brave men and women of the not only a leader to the people of the Virgin Neblett, Sean Tate and Jeffery King, Mr. Ar- Naval Reserve Center in Baltimore for their Islands but a political role model for me and thur Eisenstein, Mr. Jerome Stoney, Chief Ri- bravery and unselfish sacrifice; especially on many of us who have chosen a life of public cardo Duncan, Chief Petty Officer Asa John- the afternoon of Saturday, March 6, 2004, service to the people of the United States Vir- son, Petty Officers Willliam Elwood, Patrick when a water taxi carrying 25 passengers gin Islands. Former Lt. Governor Henry Allan suddenly capsized. I would also like to extend McKenna, David Romano, Carlos Andrews, Millin, one of our most revered public serv- my condolences to the family and friends of Gregory Baccula, Garren Diggs, Quenton ants, passed on into eternity on February 4, those who lost their lives as a result of this Dixon, Walter Volkman, Henry Zecher, Arturo 2004, on St. Thomas. Spencer, and the triage team, Lt. Commander tragedy. Henry A. Millin was destined for a life of Phillip Reed, Petty Officers Yolette Scott-Wil- Last Saturday, on a sunny Spring-like after- public service. The son of the pioneering son, Stephen Speegle, Cassandra Fish, noon, a large group, including many related woman senator, Lucinda A. Millin, Henry Wendy Cruse, Gary Harder, Joey Mercer and family members, boarded a water taxi near Millin’s contributions to the 20th century mod- Renfro Smith. Again, thank you for your brav- Fort McHenry, in Baltimore, Maryland. These ernization of the U.S. Virgin Islands have been ery and dedication to duty. families were calmly crossing the water, when significant. He lead the way in public housing the dark clouds of fate appeared on the hori- development, having been appointed Assistant zon. Suddenly, without warning, a violent f Executive Director of the newly established micro-burst of wind tore through Baltimore’s Virgin Islands Housing Authority in 1950. Mr. Inner Harbor. On that day, it was reported that HONORING SERGEANT MAJOR TIMOTHY C. DUNN Millin later assumed the position of Executive winds blew at a rate of more than 55 miles per Director. hour. During his tenure at the Housing Authority, Eyewitnesses report that the water taxi, he oversaw the construction of the first public filled with people, was pushed upward and HON. ROBERT B. ADERHOLT housing units in the Territory. He was com- flipped on its belly. One witness, Command OF ALABAMA mended by President John F. Kennedy for ad- Master Chief Melvin Johnson, was going ministering one of the outstanding housing op- about his regular duties at the nearby Naval IN THE HOUSE OF REPRESENTATIVES erations under the Department of Housing and Reserve Center. Master Chief Johnson gazed Thursday, March 11, 2004 Urban Development. Henry Millin later as- at the sky and noticed the sudden appearance sumed the distinguished position as a Senior of dark storm clouds approaching. He looked Mr. ADERHOLT. Mr. Speaker, Sergeant Vice President for First Pennsylvania Bank across the harbor from the dock of the Naval Major Timothy C. Dunn NCOA Commandant N.A. This period of distinguished service in the Reserve Center and realized that the water of the 124th Regiment of the Vermont Army private sector of our community was followed taxi carrying 25 passengers would be over- National Guard, a former member of the Ala- by an even more momentous four-year term taken by the wind from the approaching storm. bama Army National Guard and Alabama na- (1978Ð82) as the third elected Lt. Governor of In a flash, he saw the boat turned upside tive recently returned from Kabul, Afghanistan. the Virgin Islands during a tumultuous period down and he immediately sprang into action. While stationed in Afghanistan, his duties in- for Virgin Islanders, following the death of He and other members of the Naval Reserve cluded mentoring and advising the Sergeant Governor Cyril Emmanuel King. team quickly contacted emergency personnel. At the same time, some of the team members Major of the Afghan National Army. During his Mr. Speaker, I fondly remember Mr. Millin boarded their vessel, a mechanized landing travels throughout the Afghan Army Battalions, as being one of my first bosses, when I in- craft (LCM) , and rushed to the site of the he noticed that the Afghan Army was wearing terned with the Virgin Islands Housing Author- overturned water taxi. I have been told that different rank insignia from the American, ity as a high school student. He was also a the Naval Reserve team reached the over- French, British and Korean. Sergeant Major close friend of my father, the former District turned vessel within minutes to help the 25 Dunn along with two other Sergeant Majors Court Judge Almeric Christian. I consider my- passengers onboard. decided to create the insignia of the Afghan self fortunate to have had such a personal re- The brave men and women of the Naval National Army. He wanted to create something lationship with Mr. Millin. He was certainly an Reserve team plunged themselves into the that the Afghan National Army would be proud inspiration and a role model for me. frigid waters and used their boat and ingenuity to wear. Mr. Millin was also a dedicated husband to rescue twelve (12) of the passengers of that After the new rank insignia was completed, and father. He was married to Graciela G. over-turned water taxi. The remaining ten who Sergeant Major Timothy Dunn met with the Af- Millin and was the father of five children, six were rescued or recovered were the result of ghan Ministry of Defense to see if they liked grandchildren, and two great-grandchildren. the bravery of the Baltimore City Fire Depart- the idea. To the Sergeant Major’s surprise, Mr. Speaker, on behalf of my family, staff ment team. Sadly, two people died as a result they liked the new insignia and immediately and the people of the U.S. Virgin Islands, it is of this horrible tragedy and three people have adopted the new insignia. It is still to be deter- an honor for me to immortalize the memory of yet to be recovered. Our prayers are with their mined as to where the insignia will be located Lt. Governor Henry A. Millin by entering this families. on the uniform. This will soon be decided by tribute into the CONGRESSIONAL RECORD. I Many of these reservists also administered the Afghan National Army. want to close with a quote from this great life-saving CPR. As an example of the overall leader and public that exemplifies the spirit It is with great honor and pride that Ser- bravery of the Naval Reserve team, Com- with which he served: mander Peterson Decker jumped in repeatedly geant Major Dunn has served our country. To this day his exemplary service has rep- The people have the right to look forward to rescue the passengers and actually lost to changes, not made hastily, nor on the resented our area and moreover this great na- consciousness many times from the frigid basis of political spleen nor political favor- water temperatures. His acts and those of the tion. I applaud him for his courageous and itism. Rather, changes must be on the basis other reservists can be described as nothing meritorious efforts while serving in the United of careful planning, objective thinking, and short of completely selfless. They embody the States Military. the interests of the people being the main best of the mission of the Naval Reserve Cen- I want to publicly say, not only to Sergeant and determining factor. ter, an integral part of our military forces. Major Timothy C. Dunn, but to all the troops May his memory evoke the legacy of By all accounts, however, the loss of life serving our country, thank you for your hard progress that he worked so tirelessly to estab- would have been much greater if not for the work and dedication to this country. lish for Virgin Islanders.

VerDate jul 14 2003 06:29 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A11MR8.055 E11PT1 March 11, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E363 ESTABLISHING THE BUDGET FOR any different. In fact, there is ample reason to and he will be greatly missed by his family THE FEDERAL GOVERNMENT believe that this year will be far worse. and by the community that he so dedicatedly Mr. Speaker, not only will this budget do served. HON. MAXINE WATERS nothing to help stimulate the economy, it fails Bill Markham reminded us of a gentleman OF CALIFORNIA to provide funding for educational, job training from the 1950’s. Every morning, as a reminder IN THE HOUSE OF REPRESENTATIVES and other programs that our workers rely upon of his wife, Sherry, he would cut a flower from to become effective workers. his garden to pin to the lapel of his suit. He Thursday, March 11, 2004 For example, the President’s budget cuts was always jovial and was frequently seen in Ms. WATERS. Mr. Speaker, I would like to funding for dozens of education programs in- his old-fashioned but traditional and proper thank the CBC Chairman for organizing this cluding reading and vocational programs. It straw hat. ‘‘What you saw is what you got,’’ Special Order and providing us with this op- also eliminates another 38 education pro- said Clerk of Courts Howard Forman. portunity to speak about one of the most im- grams including community technology cen- His personality could also be colorful. In portant duties Congress has—establishing the ters, dropout prevention programs, and literacy high school, he was the lead singer for a local budget for the Federal government. programs for prisoners. rock band, and he campaigned in recent years It is often said that a budget is an indication The budget even underfunds the President’s with a string of B-movie style ads. In one, of the President’s priorities. As this budget signature program, No Child Left Behind, by Markham’s mother parachutes out of a plane certainly is a true reflection of the President’s $9.4 billion. By underfunding this program, 2.4 so she can get to the property appraiser’s of- priorities, it’s painfully obvious that working million children will not receive the help with fice in time to qualify for a tax break. men and women have much to be concerned reading and math they were promised when Indeed, his ebullient personality and indi- about. This budget cuts funding for dozens of the President signed this bill into law. vidual flare could easily lead one to overlook important programs, leads us deeper into debt Furthermore, this budget places additional his deep commitment to his work. He was first and does nothing to help stimulate the econ- burdens on men and women who are trying to elected as property appraiser in 1966, the omy. get off welfare and into decent paying jobs. same position that his father held before his Since the President took office in 2001, 3 Mr. Speaker, as you know, during reauthor- death in 1964. The tax roll was $1.5 billion million private sector jobs and 2.8 million man- ization of our Nation’s welfare programs, Con- then, and Mr. Markham oversaw its 7 percent ufacturing jobs have been lost. The unemploy- gress implemented new requirements that re- annual growth to its current annual tax roll of ment rate is 5.6 percent, though this figure is quired welfare recipients to work additional $104 billion. inaccurate because it fails to take into account hours in order to receive benefits. Yet, we did As Broward County continued to expand, the hundreds of thousands of workers that not provide any additional funding for Mr. Markham fought for the rights of each and have given up looking for jobs and the many childcare. As a result, parents receiving TANF every taxpayer. He led the ‘‘Save Our Homes’’ workers who have had to ‘‘trade down’’ in sal- benefits often are left with the impossible campaign, helping to amend the State con- ary and benefits in order to become re-em- choice of leaving their child home alone or stitution so that appraisers could not raise the ployed. If we were to include these men and skipping a day at work. taxable value of a homestead-exempted prop- women, the unemployment rate would be 7.4 Unfortunately, this budget continues this erty more than 3 percent a year where owner- percent. Tragically, the unemployment figures devastating policy. It freezes funding for ship had not changed hands. He waged a for minorities are far worse—almost 10 per- childcare at 2004 levels and flat funds it lengthy court battle with county officials to tax cent of African-Americans are unemployed. through 2009. As a result, the number of chil- government-used incinerators and businesses We should not be proud of these figures. dren that receive childcare assistance will de- located on government-owned property at Port We should be ashamed of them. We certainly cline by 300,000 over the next four years. In Everglades. Arguing the harm to property val- should not be praising an economic plan that addition, the budget only provides half of the ues, Mr. Markham also supported the plight of has failed our workers, as the President, and funding promised for after-school programs, Ft. Lauderdale residents in a dispute over the all too many of my Republican colleagues meaning that 1.3 million children who were location of power lines through their neighbor- continue to do each day. promised after-school services will not get hood. Unfortunately, the President’s fiscal year them. Employees describe Mr. Markham as a 2005 budget is a continuation of his failed Mr. Speaker, the fiscal year 2005 budget is hands-on administrator. He took a personal economic policy. Each year the President nothing more than a continuation of failed poli- role in reviewing assessments of the county’s promises economic recovery and significant cies. It explodes the deficit, particularly in the most expensive properties and had an open- job growth, and every year, the American peo- fiscal years that the Bush Administration fails door policy for homeowners concerned about ple are disappointed. The so-called economic to describe in its budget documents. It fails to their property values. ‘‘He was a firm believer recovery that President Bush is touting is a meet our people’s need for healthcare, edu- that the buck stopped with him,’’ said Joe jobless recovery and Mr. Speaker, a jobless cation, job training, housing, homeland secu- Zdanowicz, Markham’s longtime chief property recovery is no recovery at all. rity and many other critical programs. All these appraiser. Mr. Speaker, let me remind you of the priorities are being sacrificed to pay for out- Mr. Markham died on the eve of his ninth promises that this Administration has made re- rageous tax cuts for millionaires, those who campaign for the Property Appraiser’s office. garding job growth. In 2001, the President’s need it least. I urge my colleagues to reject His death was sudden and a terrible shock to Council of Economic Advisors promised the President’s budget and support a budget people who knew him as energetic and bois- 800,000 new jobs by the end of 2002 if Con- that will serve the poor and the middle class terous. He is survived by his wife and two gress passed his $1.3 trillion tax cut which and provide meaningful assistance to the sons, J.R. and Robert. Mr. Speaker, William largely benefited the wealthiest of Americans. American people. Markham will be dearly missed by all those Instead of creating these jobs, 2.2 million f who knew him. workers lost their jobs in 2002. f In 2002, the President’s Economic Advisors HONORING WILLIAM MARKHAM promised 300,000 new jobs if Congress COMMENDING INDIA ON ITS passed the President’s economic stimulus HON. PETER DEUTSCH CELEBRATION OF REPUBLIC DAY plan. Congress did, and thousands more OF FLORIDA SPEECH OF workers lost their jobs. IN THE HOUSE OF REPRESENTATIVES In 2003, the Council predicted 900,000 new Thursday, March 11, 2004 HON. JUANITA MILLENDER-McDONALD jobs if Congress passed the President’s budg- OF CALIFORNIA et and subsequent tax cuts. Congress did but Mr. DEUTSCH. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES the results were the same as in previous along with my Floridian colleagues the Hon. years—thousands more workers without jobs. ALCEE HASTINGS, the Hon. KENDRICK MEEK, Wednesday, March 10, 2004 This year, we continue to hear the same the Hon. E. CLAY SHAW, the Hon. ROBERT Ms. MILLENDER-MCDONALD. Madam rhetoric from the President—‘pass my budget WEXLER, and the Hon. LINCOLN DIAZ-BALART to Speaker, I am very pleased to join India in and watch the economy grow.’ The President commemorate the contributions of William celebrating India Republic Day. The United seems to suggest that recovery is just around Markham, Broward County’s Property Ap- States and India share a common colonial his- the corner. However, that ‘corner’ has proven praiser and one of Florida’s longest-serving of- tory, and today we are both strong democ- to be elusive for the past 3 years, and there ficeholders. Mr. Markham died unexpectedly racies that serve as a model for other nations. is no reason to believe that this budget will be Monday morning, March 8th, of a heart attack, I am pleased that President Bush and Prime

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Minister Vajpayee have agreed to work in sional District of Kansas. On April 14, 2004, First Last School partnership on civilian nuclear activities, civil- the Volunteer Center of Johnson County in Hilary ...... Hershberger ...... Blue Valley West. ian space programs, and high-technology Overland Park, KS, will honor outstanding Emily ...... Horner ...... Shawnee Mission Northwest. trade. As we work together towards building youth volunteers. Eighty-seven young people Madison ...... Huber ...... Shawnee Mission West. Andrea ...... Huckaba ...... Shawnee Mission West. trade, peaceful uses of space technology, and have been nominated by school personnel Nicole ...... Kiesling ...... Shawnee Mission Northwest. combating terrorism, our cooperative efforts and nonprofit organizations for their dedication Andie ...... Kincaid ...... Frontier Trail Jr. High. Allyssa ...... King ...... De Soto High School. will have global benefits, spread prosperity and service to the community. Eleven of these Stacie ...... Kornfeld ...... Shawnee Mission West. and enhance international security. youth are being recognized for their efforts to- Jason ...... Lee ...... Blue Valley Northwest. With a population of over one billion people ward receipt of the Congressional Award. Krystian ...... Lestourgeon ...... Frontier Trail Jr. High. Mallory ...... Loveridge ...... Shawnee Mission West. speaking over 114 different languages, cultural Youth volunteerism continues to grow and be Thomas ...... Lucy ...... Leawood Middle School. differences and significant poverty among her a strong force in Johnson County. These 87 Alyssa ...... Lyon ...... Olathe South. people, India faces enormous challenges. Kyle ...... May ...... Harmony Middle School. youth exemplify the true meaning of vol- Magdalena ...... May ...... Oregon Trail Jr. High. However, India has shown her strength, resil- unteerism and giving back to their community. Anne ...... McClain ...... Prairie Star Middle. iency and vision for over fifty years since It is my honor to recognize each student vol- Laura ...... McGee ...... Shawnee Mission South. Meagan ...... Melloy ...... Homeschool. adopting a constitution in 1950. She has taken unteer and their schools by listing them in the Melissa ...... Melloy ...... Homeschool. affirmative steps to promote equal and social CONGRESSIONAL RECORD: Tracy ...... Milburn ...... Shawnee Mission South. justice for all, and to improve the plight of the Stephanie ...... Moore ...... Shawnee Mission South. First Last School Rhea ...... Muchalla ...... Shawnee Mission North. poor. These are values that we share as Katie ...... Murray ...... Blue Valley North High. democratic nations and partners working to- Katy ...... Accurso ...... Leawood Middle School. Simin ...... Naomani ...... University of Missouri. Jefferson ...... Adams ...... Leawood Middle School. Nicole ...... Nelson ...... Blue Valley Middle. gether to ensure that people have hope and Jonathan ...... Adams ...... Leawood Middle School. Amy ...... Noonen ...... Shawnee Mission West. freedom. Alejandra ...... Alvarez ...... Shawnee Mission North. Hannah ...... Nusz ...... Piper. Finally, I commend India for the steps she Jessica ...... Alvarez ...... Shawnee Mission North. Kaitlyn ...... Orr ...... Shawnee Mission North. Meredith ...... Beery ...... Olathe East. Kathryn ...... Pierce ...... Olathe South. has taken to open relations with Pakistan and Brooklyn ...... Bengtson ...... Olathe South. Ashley ...... Pratt ...... Shawnee Mission West. work towards a resolution over Kashmir. My Grace ...... Bernhardt ...... Leawood Middle School. Katie ...... Rabovsky ...... Blue Valley Northwest. Brett ...... Beyer ...... Shawnee Mission Northwest. Kelly ...... Rand ...... Olathe South. best wishes for success in this endeavor that Jordan ...... Bluhm ...... Spring Hill Middle. Courtney ...... Rathke ...... Oregon Trail Jr. High. is important not only to the people of India and Elizabeth ...... Boresow ...... Leawood Middle School. Nicole ...... Rea ...... Prairie Star Middle. Jessie ...... Bullock ...... Notre Dame de Sion. Alex ...... Robinson ...... Prairie Star Middle. Pakistan, but also to the rest of the world. Meghan ...... Burrow ...... Shawnee Mission South. Craig ...... Rooney ...... Shawnee Mission Northwest. Lauren ...... Cantril ...... Mission Valley Middle. f Jenna ...... Christensen ...... Shawnee Mission North. Mallory ...... Selzer ...... Barstow. Jill ...... Christensen ...... Hope Lutheran. Kate ...... Silvers ...... Shawnee Mission West. FOURTH ANNUAL MOVERS AND Ashley ...... Coleman ...... Mill Valley High School. Cassie ...... Slocum ...... Trailridge Middle School. SHAKERS AWARDS OF THE VOL- Ed ...... Colson ...... Olathe Northwest High. Ashley ...... Spence ...... Blue Valley North. Jenna ...... Davis ...... Olathe South. Erin ...... Starnes ...... Mill Valley High School. UNTEER CENTER OF JOHNSON Sam ...... Davis ...... Leawood Middle School. Katelyn ...... Stone ...... Shawnee Mission Northwest High. Jennifer ...... Dennis ...... Frontier Trail Jr. High. Ashlee ...... Suddarth ...... Oregon Trail Jr. High. COUNTY Tyler ...... Dixon ...... Olathe Northwest High. Erika ...... Swenson ...... Johnson Co. Community College. Carli ...... Dutton ...... Olathe South. Tana ...... Thomason ...... Oregon Trail Jr. High. Aly ...... Ferguson ...... Prairie Star Middle. Kathryn ...... Thomasset ...... Shawnee Mission West. HON. DENNIS MOORE Kate ...... Garrett ...... Shawnee Mission West. Ankita ...... Trivedi ...... Olathe North. OF KANSAS Sean ...... Giddings ...... Trailridge Middle School. Jennifer ...... Waldman ...... Mission Valley Middle. Morgan ...... Greenough ...... Prairie Star Middle. Nate ...... White ...... Homeschool. IN THE HOUSE OF REPRESENTATIVES Heather ...... Gustin ...... Olathe South High. Kody ...... Willnauer ...... De Soto High School. Thursday, March 11, 2004 Jessica ...... Habluetzel ...... Olathe Northwest High. Andrew ...... Yager ...... Frontier Trail Jr. High. Josh ...... Heath ...... Prairie Star Middle. Scott ...... Young ...... Olathe South. Mr. MOORE. Mr. Speaker, I rise today to Paul ...... Hechler ...... Leawood Middle School. Laura ...... Zeligman ...... Olathe East. Emily ...... Heinz ...... California Trail. Mary ...... Zima ...... Notre Dame de Sion. note an important event in the Third Congres- Amanda ...... Henry ...... Shawnee Mission North.

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HIGHLIGHTS: Senate agreed to S. Con. Res. 98, Adjournment Resolution. Senate agreed to S. Res. 319, Condemning Terrorist Attacks in Spain. Senate agreed to S. Con. Res. 95, Congressional Budget Resolution. The House passed H.R. 3717, Broadcast Decency Enforcement Act of 2004. Senate Feinstein/Hollings Amendment No. 2753, to ex- Chamber Action press the sense of the Senate regarding funding for Routine Proceedings, pages S2591–S2650 port security. Page S2649 Measures Introduced: Thirteen bills and four reso- Murkowski/Campbell Amendment No. 2822, to lutions were introduced, as follows: S. 2194–2206, increase funding for the Indian Health Services. S.J. Res. 29, S. Res. 318–319, and S. Con. Res. 98. (See next issue.) (See next issue.) Inhofe/Bingaman Amendment No. 2823, to re- turn to the original scoring of the energy savings Measures Passed: performance contract program. (See next issue.) Adjournment Resolution: Senate agreed to S. Nickles (for Conrad) Amendment No. 2831, to Con. Res. 98, providing for a conditional adjourn- express the sense of the Senate regarding tribal col- ment or recess of the Senate. (See next issue.) leges and universities. (See next issue.) Condemning Terrorist Attacks in Spain: By a Nickles (for Bingaman) Amendment No. 2833, to unanimous vote of 96 yeas (Vote No. 43), Senate establish a reserve fund for expansion of the pediatric agreed to S. Res. 319, expressing the sense of the vaccine distribution program. (See next issue.) Senate with respect to the deadly terrorist attacks Nickles (for Wyden) Amendment No. 2717, to against the people of Spain that occurred on March increase investments in implementation of the 11, 2004. Pages S2641–43 Healthy Forests Restoration Act to benefit national forests, the environment, local communities, and Congressional Budget Resolution: By 51 yeas to local economies. (See next issue.) 45 nays (Vote No. 58), Senate agreed to S. Con. Res. Nickles (for Kennedy/Rockefeller) Amendment 95, setting forth the congressional budget for the No. 2699, to prevent unspent SCHIP funds from re- United States Government for fiscal year 2005 and verting to the Treasury rather than being used to including the appropriate budgetary levels for fiscal provide coverage for low-income children. years 2006 through 2009, after taking action on the (See next issue.) following amendments proposed thereto: Nickles (for Thomas) Amendment No. 2794, to Pages S2591–S2641, S2643–50, (continued next issue.) restore discretionary funding levels for crucial rural Adopted: health programs, such as the rural health outreach Mikulski Amendment No. 2820, to provide a def- grant program, the rural hospital flexibility grant icit neutral reserve fund to provide a tuition tax program, the small hospital improvement program, credit. Page S2648 telehealth, trauma programs, and rural AED pro- Coleman Amendment No. 2821, to provide $1.9 grams to fiscal year 2004 levels and offset this billion to increase the maximum Pell Grant from change by reductions in overall government travel $4,050 to $4,500 by reducing spending in other expenses. (See next issue.) Federal Government programs, except education pro- Nickles (for Pryor) Modified Amendment No. grams, by a commensurate amount. Pages S2648–49 2810, stating the sense of the Senate regarding the D220

VerDate jul 14 2003 06:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.REC D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D221 Low-Income Home Energy Assistance Program and By 72 yeas to 24 nays (Vote No. 56), Specter/Col- the weatherization assistance program. lins Modified Amendment No. 2741, to increase dis- (See next issue.) cretionary health funding by $2,000,000,000. Enzi/Cantwell Amendment No. 2832, to increase (See next issue.) funding for the Workforce Investment Act (WIA) by Nickles (for Lugar) Amendment No. 2845, to $250 million in fiscal year 2005, by increasing func- provide for an increase and a decrease in funding for tion 500. (See next issue.) certain programs. (See next issue.) Conrad (for Clinton) Amendment No. 2780, to Murkowski Amendment No. 2846, to increase establish a reserve fund for addressing minority veterans medical care by $1,200,000,000. (See next issue.) health disparities. (See next issue.) Crapo Amendment 2784, to increase funding for Nickles (for Grassley) Amendment No. 2847, to the Environmental Protection Agency for the Clean express the sense of the Senate regarding compensa- Water and Safe Drinking Water State Revolving tion for exposure to toxic substances at Department of Energy facilities. (See next issue.) Funds. (See next issue.) Nickles (for Byrd/Cochran) Amendment No. Nickles (for Lincoln) Amendment No. 2837, to 2848, to correct the scoring for Project Bioshield. prevent tax increases for families who receive child (See next issue.) tax credit. (See next issue.) Nickles (for Dorgan) Amendment No. 2850, to Nickles (for Grassley) Amendment No. 2838, ex- increase budget authority and outlays in Function pressing the sense of the Senate for support of fund- 450 (Community and Regional Development) and ing restoration for agriculture research and extension. Function 500 (Education, Training, Employment, (See next issue.) and Social Security) to establish a New Homestead Nickles (for Snowe) Amendment No. 2839, to in- Venture Capital Fund to make equity and near eq- crease funding for the SBA 7(a) loan guarantee, uity investments in start-up and expanding busi- Microloan and other small business programs and to nesses located in high out-migration rural counties offset the cost of that spending through across-the- and to repay up to 50 percent of college loans (up board cuts in function 920. (See next issue.) to $10,000) for recent graduates who live and work Nickles (for Sessions/Cornyn) Amendment No. in such counties for five years, respectively; and to 2733, to provide full funding for NASA’s fiscal year express the sense of the Senate that any revenue 2005 space exploration initiatives. (See next issue.) measure passed by Congress in the future should in- By 52 yeas to 43 nays (Vote No. 54), Levin/Col- clude tax incentives designed to address the dev- lins Amendment No. 2817, to lower crude oil prices astating problem of chronic out-migration from rural resulting from the cancellation of planned future de- communities in America’s Heartland and that those liveries of oil to the Strategic Petroleum Reserve and tax incentives should be fully offset. (See next issue.) using the funding made available to provide $1.7 Nickles (for DeWine/Leahy) Amendment No. billion in funding for homeland security grants for 2697, to increase the new budget authority in the first responders, firefighter assistance, and port secu- International Affairs function by $330,000,000 for fiscal year 2005 to provide adequate funding for the rity, and to reduce the debt. (See next issue.) Nickles (for Hagel) Amendment No. 2841, to ex- Child Survival and Health Program, with a cor- press the sense of the Senate on the need for a responding offset in function 920. (See next issue.) Nickles (for DeWine) Amendment No. 2715, to United States animal identification program as an ef- increase funding to facilitate reconstruction in Haiti. fective disease surveillance, monitoring, and control (See next issue.) tool serving the needs of the United States livestock Nickles (for Lugar) Amendment No. 2785, to ex- industry and public health. (See next issue.) press the sense of the Senate concerning summer Nickles (for Santorum) Amendment No. 2842, to food pilot projects. (See next issue.) reaffirm the United States ratio for contributions to Nickles (for Specter) Amendment No. 2851, to The Global Fund to Fight AIDS, Tuberculosis, and strike section 404. (See next issue.) Malaria. (See next issue.) Nickles (for Collins/Carper) Amendment No. Nickles (for Hatch) Amendment No. 2843, to re- 2852, to provide a deficit neutral reserve fund for store law enforcement assistance, and juvenile justice Postal Service reform. (See next issue.) assistance, especially title V, and JAB6, to the De- Landrieu Amendment No. 2775, to provide for partment of Justice. (See next issue.) eliminating the Survivor Benefit Plan-Social Security Nickles (for Dole/Leahy) Amendment No. 2844, offset for military widows and widowers while reduc- to express the sense of the Senate concerning child ing the debt, offset by the elimination of tax benefits nutrition funding. (See next issue.) to individuals and corporations that avoid United

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Pages S2631–35, S2647 Rejected: By 44 yeas to 53 nays (Vote No.51), Conrad (for By 41 yeas to 53 nays (Vote No. 41), Boxer Kennedy) Amendment No. 2725, to create a reserve Amendment No. 2783, to create jobs, to discourage fund to finance an increase in the maximum Pell the shipping of jobs overseas, and provide adjust- Grant that keeps pace with the rate of increase in ment assistance for dislocated workers, by changing public college tuition, extend Pell Grants to the tax treatment of certain income from runaway 500,000 new recipients, and close certain tax loop- plants, and by reducing tax breaks for certain indi- holes. Pages S2635–38, S2647–48 viduals. Pages S2592–S2606, S2640 By 42 yeas to 54 nays (Vote No. 52), Daschle By 41 yeas to 55 nays (Vote No. 42), Sarbanes Amendment No. 2774, to create a reserve fund to Amendment No. 2789, to fully fund the FIRE and allow for an increase in Indian Health Service Clin- SAFER Acts and reduce tax breaks for certain indi- ical Services by $3.44 billion and lower the national viduals. Pages S2606–11, S2640–41 debt by eliminating certain tax loopholes or reduc- By 41 yeas to 55 nays (Vote No. 44), Dorgan ing tax breaks for individuals with incomes in excess Amendment No. 2793, to increase funding for of $1 million per year. COPS, Byre grants, and Local Law Enforcement Pages S2649 (continued next issue.) Block Grants, and reduce tax breaks for certain indi- By 42 yeas to 54 nays (Vote No. 53), Dodd viduals. Pages S2611–20, S2643–44 Amendment No. 2762, to create a reserve fund to By 44 yeas to 52 nays (Vote No. 45), Lautenberg allow for an increase in the 21st Century Commu- Amendment No. 2703, to reduce debt and require nity Learning Centers Program by $1 billion and to the industries responsible for producing products eliminate certain tax loopholes. (See next issue.) that contaminate toxic waste sites and industries By 42 yeas to 54 nays (Vote No. 57), Lautenberg who are exempt from liability for such contamina- Amendment No. 2797, to strike the provision for tion, to help pay for the cleanup by reinstating the raising the debt limit. (See next issue.) Superfund polluter pays fees, and to reduce the def- Dayton Amendment No. 2786, to provide full icit. Pages S2629–30, S2639–40, S2644 mandatory funding for the Individuals with Disabil- By 32 yeas to 64 nays (Vote No. 46), Harkin ities Education Act (IDEA) part B grants over five Amendment No. 2799, to provide for increased re- years by reducing tax breaks for the wealthiest tax- sources for medical research, disease control, payers. (See next issue.) wellness, tobacco cessation and preventative health Reed Amendment No. 2790, to create a reserve efforts including substance abuse and mental health fund to increase funding for college and student fi- services, establishing a fund for this purpose, offset nancial aid programs, including the Pell Grant pro- by an increase in the cigarette tax to $1 and propor- gram, campus-based assistance, Leveraging Edu- tional increases in other tobacco excise taxes and def- cational Assistance Partnership, TRIO, GEAR UP, icit reduction. Pages S2620–26, S2644–45 and graduate level programs, and lower the national By 43 yeas to 53 nays (Vote No. 47), Lincoln debt by closing certain tax loopholes. (See next issue.) Amendment No. 2803, to provide $60 billion over Withdrawn: five years for greater health security for working Kyl Amendment No. 2849, to create a reserve Americans and their families through a combination fund to permit an increase in veteran’s medical care of public and private efforts to expand quality, af- that is fully offset with an assessment on excessive fordable health insurance coverage and cut health lawyer fees paid under the tobacco settlement. care costs by eliminating certain tax loopholes. (See next issue.) Pages S2645–46 Corzine Amendment No. 2777, to eliminate tax By 43 yeas to 53 nays (Vote No. 48), Byrd breaks for those with incomes greater than $1 mil- Amendment No. 2804, to provide responsible re- lion and reserve the savings to prevent future cuts straints on discretionary funding while providing in Social Security benefits. (See next issue.) adequate resources for education, veterans, homeland Santorum Amendment No. 2853, to provide for security, and other critical domestic priorities and an increase and a decrease in funding for certain pro- fully offsetting the cost by closing corporate tax grams. (See next issue.) loopholes, improving tax enforcement and reducing During consideration of this measure today, the tax breaks for certain individuals. Senate also took the following action: Pages S2626–29, S2646 By 43 yeas to 53 nays (Vote No. 49), three-fifths By 40 yeas to 57 nays (Vote No. 50), Lieberman of those Senators duly chosen and sworn, not having Amendment No. 2807, to restore cuts and increase voted in the affirmative, Senate rejected the motion

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to waive section 305 of the Congressional Budget Edward E. Kaufman, of Delaware, to be a Member Act of 1974, with respect to Bingaman Amendment of the Broadcasting Board of Governors for a term No. 2765, to ensure that legislation is not enacted expiring August 13, 2006. (Reappointment) that increases the number of taxpayers affected by Steven J. Simmons, of Connecticut, to be a Mem- the alternative minimum tax. Subsequently, the ber of the Broadcasting Board of Governors for a point of order that the amendment was in violation term expiring August 13, 2006. (Reappointment) of section 305 of the Congressional Budget Act of Glyn T. Davies, of the District of Columbia, a Ca- 1974, was sustained, and the amendment thus falls. reer Member of the Senior Foreign Service, Class of Pages S2630–31, S2646–47 Minister-Counselor, for the rank of Ambassador dur- By 51 yeas to 45 nays (Vote No. 55), three-fifths ing his tenure of service as the Political Director for of those Senators duly chosen and sworn, not having the United States Presidency of the G–8. voted in the affirmative, Senate rejected the motion Sanford Gottesman, of Texas, to be a Member of to waive the point of order that McConnell Amend- the Board of Directors of the Overseas Private In- ment No. 2840, to prohibit future income tax hikes vestment Corporation for a term expiring December on upper incomes that fail to exempt small busi- 17, 2005. nesses that file individual income tax returns as part- Diane M. Ruebling, of California, to be a Member nerships, sole proprietors, or subchapter S corpora- of the Board of Directors of the Overseas Private In- tions, was not germane. Subsequently, the point of vestment Corporation for a term expiring December order was sustained and the amendment thus falls. 17, 2005. (Reappointment) (See next issue.) C. William Swank, of Ohio, to be a Member of the Board of Directors of the Overseas Private In- Executive Reports of Committees: Senate received vestment Corporation for a term expiring December the following executive report of a committee: 17, 2005. (Reappointment) Report to accompany the United Nations Conven- Robert Hurley McKinney, of Indiana, to be a tion on the Law of the Sea, with declarations and Member of the Advisory Board for Cuba Broad- understandings. (Treaty Doc. 103–39) (Ex. Rept. casting for a term expiring October 27, 2004. 108–10) (See next issue.) Mark J. Warshawsky, of Maryland, to be an As- Messages From the President: Senate received the sistant Secretary of the Treasury. following message from the President of the United Richard S. Williamson, of Illinois, for the rank of States: Ambassador during his tenure of service as Rep- Transmitting a report of the continuation of the resentative of the United States of America on the national emergency with respect to Iran that was de- Human Rights Commission of the Economic and So- clared in Executive Order 12957; to the Committee cial Council of the United Nations. on Banking, Housing, and Urban Affairs. (PM–73) Mark B. McClellan, of the District of Columbia, (See next issue.) to be Administrator of the Centers for Medicare and Appointments: Medicaid Services. Routine lists in the Coast Guard. (See next issue.) National Commission of Small Community Air Service: The Chair, on behalf of the Majority Leader Nominations Received: Senate received the fol- pursuant to Public Law 108–176, Section lowing nominations: 411(b)(1)(B), appointed the following individual to Tina Westby Jonas, of Virginia, to be Under Sec- serve as a member of the National Commission of retary of Defense (Comptroller). Small Community Air Service: Mayor Boy Corker of Romolo A. Bernardi, of New York, to be Deputy Secretary of Housing and Urban Development. Chattanooga, Tennessee. (See next issue.) Thomas Hill Moore, of Florida, to be a Commis- Nominations Confirmed: Senate confirmed the fol- sioner of the Consumer Product Safety Commission lowing nominations: for a term of seven years from By unanimous vote of 92 yeas (Vote No. 59), October 27, 2002. (Reappointment) Louis Guirola, Jr., of Mississippi, to be United States Juan Carlos Zarate, of California, to be an Assist- District Judge for the Southern District of Mis- ant Secretary of the Treasury. sissippi. (See next issue.) Lewis W. Lucke, of Texas, to be Ambassador to Feliciano Foyo, of Florida, to be a Member of the the Kingdom of Swaziland. Advisory Board for Cuba Broadcasting for a term ex- Earle I. Mack, of New York, to be Ambassador to piring August 12, 2004. the Republic of Finland. Neil Vincent Wake, of Arizona, to be United Jackson McDonald, of Florida, to be Ambassador States District Judge for the District of Arizona. to the Republic of Guinea.

VerDate jul 14 2003 06:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.REC D11MR4 D224 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 John M. Ordway, of California, to be Ambassador APPROPRIATIONS: LIBRARY OF CONGRESS to the Republic of Kazakhstan. Committee on Appropriations: Subcommittee on Legisla- 32 Army nominations in the rank of general. tive Branch concluded a hearing to examine pro- 5 Marine Corps nominations in the rank of gen- posed budget estimates for fiscal year 2005 for the eral. Library of Congress, after receiving testimony from Routine lists in the Air Force, Navy. James H. Billington, Librarian of Congress; and (See next issue.) Donald L. Scott, Deputy Librarian of Congress. Messages From the House: (See next issue.) DEFENSE AUTHORIZATION Measures Referred: (See next issue.) Committee on Armed Services: Committee concluded a Measures Placed on Calendar: (See next issue.) hearing to examine the Defense Authorization Re- Executive Communications: (See next issue.) quest for fiscal year 2005, focusing on missile de- Executive Reports of Committees: (See next issue.) fense after receiving testimony from Michael W. Wynne, Acting Under Secretary of Defense for Ac- Additional Cosponsors: (See next issue.) quisition, Technology and Logistics; Admiral James Statements on Introduced Bills/Resolutions: O. Ellis, Jr., USN, Commander, United States Stra- (See next issue.) tegic Command; Thomas P. Christie, Director, Additional Statements: (See next issue.) Operational Test and Evaluation; Lieutenant General Ronald T. Kadish, USAF, Director, Missile Defense Amendments Submitted: (See next issue.) Agency; and Lieutenant General Larry J. Dodgen, Notices of Hearings/Meetings: (See next issue.) USA, Commander, Space and Missile Defense Com- Authority for Committees To Meet: mand. (See next issue.) DEFENSE AUTHORIZATION Privilege of the Floor: (See next issue.) Committee on Armed Services: Subcommittee on Airland Record Votes: Nineteen record votes were taken concluded a hearing to examine the defense author- today. (Total—59) Pages S2640, S2641, S2643, S2644, ization request for fiscal year 2005 and the future S2645, S2646, S2647, S2648 years defense program, focusing on Army Trans- Adjournment: Senate convened at 9:30 a.m., and formation, after receiving testimony from Claude M. adjourned at 1:44 a.m., on Friday, March 12, 2004, Bolton, Jr., Assistant Secretary of the Army for Ac- until 10 a.m., on the same day. (For Senate’s pro- quisition, Logistics and Technology; General George gram, see the remarks of the Majority Leader in the W. Casey, Jr., USA, Vice Chief of Staff, United next issue of the Record.) States Army; and Major General John M. Curran, USA, Director, Future Centers, Headquarters, U.S. Committee Meetings Army Training and Doctrine Command. PRESCRIPTION DRUG IMPORTATION (Committees not listed did not meet) Committee on Commerce, Science, and Transportation: APPROPRIATIONS: FOREST SERVICE Committee concluded a hearing to examine prescrip- Committee on Appropriations: Subcommittee on Interior tion drug importation and related matters, focusing and Related Agencies concluded a hearing to exam- on reducing drug costs, safety concerns relating to ine proposed budget estimates for fiscal year 2005 importation, recent action by the States, drug coun- for the Forest Service of the Department of Agri- terfeiting, and the Medicare importation study and culture, after receiving testimony from Dale N. task force, after receiving testimony from Represent- Bosworth, Chief, Forest Service, and Mark E. Rey, atives Burton and Sanders; and Mark B. McClellan, Under Secretary for Natural Resources and Environ- Commissioner, Food and Drug Administration, De- ment, both of the Department of Agriculture. partment of Health and Human Services. APPROPRIATIONS: NASA ABANDONED MINE LANDS PROGRAM Committee on Appropriations: Subcommittee on VA, Committee on Energy and Natural Resources: Committee HUD, and Independent Agencies concluded a hear- concluded a hearing to examine S. 2086, to amend ing to examine proposed budget estimates for fiscal the Surface Mining Control and Reclamation Act of year 2005 for the National Aeronautics and Space 1977 to improve the reclamation of abandoned Administration (NASA), after receiving testimony mines, and S.2049, to amend the Surface Mining from Sean O’Keefe, Administrator, National Aero- Control and Reclamation Act of 1977 to reauthorize nautics and Space Administration. collection of reclamation fees, revise the abandoned

VerDate jul 14 2003 07:00 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.REC D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D225 mine reclamation program, promote remining, au- jobs in the $900 billion mailing industry, after re- thorize the Office of Surface Mining to collect the ceiving testimony from Frederick W. Smith, FedEx black lung excise tax, and make sundry other Corporation, Memphis, Tennessee; Michael L. Eskew, changes, after receiving testimony from Jeffrey D. United Parcel Service, Atlanta, Georgia; Gary M. Jarrett, Director, Office of Surface Mining, Depart- Mulloy, ADVO, Inc., Windsor, Connecticut; Gary ment of the Interior; Steve Hohmann, Director, Ken- B. Pruitt, McClatchy Company, Sacramento, Cali- tucky Department for Surface Mining and Enforce- fornia, on behalf of the Newspaper Association of ment, Frankfort, on behalf of the Interstate Mining America; and H. Robert Wientzen, Direct Mar- Compact Commission and the National Association keting Association, New York, New York. of Abandoned Mine Land Programs; Evan J. Green, BUSINESS MEETING Wyoming Department of Environmental Quality, Cheyenne; Joe Shirley, Jr., Navajo Nation, Wash- Committee on the Judiciary: Committee ordered favor- ington, D.C.; Charles Gauvin, Trout Unlimited, Ar- ably reported the nominations of William James lington, Virginia; and Micheal Buckner, United Haynes II, of Virginia, to be United States Circuit Mine Workers of America, Fairfax, Virginia. Judge for the Fourth Circuit, Diane S. Sykes, of Wisconsin, to be United States Circuit Judge for the NOMINATION Seventh Circuit, James L. Robart, to be United Committee on Energy and Natural Resources: Committee States District Judge for the Western District of concluded a hearing to examine the nomination of Washington, and Juan R. Sanchez and Lawrence F. Sue Ellen Wooldridge, of Virginia, to be Solicitor of Stengel, both to be a United States District Judge the Department of the Interior, after the nominee for the Eastern District of Pennsylvania. testified and answered questions in her own behalf. INTELLIGENCE POSTAL REFORM Select Committee on Intelligence: Committee held closed Committee on Governmental Affairs: Committee re- hearings on intelligence matters, receiving testimony sumed hearings to examine U.S. Postal Service re- from officials of the intelligence community. form issues, focusing on sustaining the 9 million Committee recessed subject to call. h House of Representatives radio broadcasters of the prohibitions against trans- Chamber Action mission of obscene, indecent, and profane material. Measures Introduced: 30 public bills, H.R. Page H1035 3936–3965; and 9 resolutions, H.J. Res. 89–90; H. The amendment in the nature of a substitute rec- Con. Res. 382–384, and H. Res. 557–560, were in- ommended by the Committee on Energy and Com- troduced. Page H1070 merce now printed in the bill was considered as an Additional Cosponsors: Page H1072 original bill for the purpose of amendment. Page H1034 Reports Filed: Reports were filed today as follows: Agreed to: H.R. 3261, to prohibit the misappropriation of Upton amendment that preserves a licensee’s right certain databases, amended adverse (H. Rept. of a license to appeal a forfeiture order issued by the 108–421, Pt. 2). Page H1070 FCC for the broadcast of obscene, indecent, or pro- Broadcast Decency Enforcement Act of 2004: fane material before the existence of such an order The House passed H.R. 3717, to increase the pen- can be used in a license application proceeding, re- alties for violations by television and radio broad- newal proceeding, or revocation proceeding and also casters of the prohibitions against transmission of requires the FCC to provide Congress with informa- obscene, indecent, and profane language, by a re- tion related to the number of times that violators corded vote of 391 ayes to 22 noes with one voting refuse to pay a forfeiture order and that the FCC re- ‘‘present’’, Roll No. 55. Pages H1015–35 fers such orders to collections; and Pages H1033–34 Agreed to amend the title so as to read: to in- Sessions amendment that directs the GAO to crease the penalties for violations by television and study and report within one year the number of complaints concerning the broadcasting of obscene,

VerDate jul 14 2003 06:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.REC D11MR4 D226 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 indecent, and profane material to the FCC the; num- PEANUT PROGRAM ber of such complaints that result in final agency ac- Committee on Agriculture: Subcommittee on Speciality tions by the FCC; the length of time taken by the Crops and Foreign Agriculture Programs held a FCC in responding to such complaints; what mecha- hearing to review the Peanut Program. Testimony nisms the Commission has established to receive, in- was heard from Floyd Gaibler, Under Secretary, vestigate, and respond to such complaints; and Farm and Foreign Agricultural Services, USDA; and whether complainants to the FCC are adequately in- public witnesses. formed by the FCC of the responses to their com- plaints. Page H1034 AGRICULTURE, RURAL DEVELOPMENT, H. Res. 554, the rule providing for consideration FDA AND RELATED AGENCIES of the bill was agreed to by voice vote. APPROPRIATIONS Pages H1015–19 Committee on Appropriations: Subcommittee on Agri- Suspensions: The House agreed to suspend the rules culture, Rural Development, Food and Drug Admin- and pass the following measures: istration and Related Agencies held a hearing on the FDA. Testimony was heard from the following offi- Commending India on its celebration of Repub- cials of the FDA, Department of Health and Human lic Day: Debated on March 10, H. Con. Res. 15, Services: Lester M. Crawford, Acting Commissioner; commending India on its celebration of Republic Jeffrey M. Weber, Associate Commissioner, Manage- Day, by a 2⁄3 yea and nay vote of 418 yeas with none ment and Chief Financial Officer; and William R. voting ‘‘nay’’, Roll No. 56; and Pages H1035–36 Beldon, Acting Deputy Assistant Secretary, Budget. Expressing the condolences of the House for the COMMERCE, STATE, JUSTICE, JUDICIARY untimely death of Macedonian President Boris AND RELATED AGENCIES Trajkovski: Debated on March 10, H. Res. 540, ex- APPROPRIATIONS pressing the condolences and deepest sympathies of the House of Representatives for the untimely death Committee on Appropriations: Subcommittee on Com- of Macedonian President Boris Trajkovski, by a 2⁄3 merce, State, Justice, Judiciary and Related Agencies yea and nay vote of 411 yeas to with none voting held a hearing on the Federal Judiciary. Testimony ‘‘nay’’, Roll No. 57. Pages H1036–37 was heard from Leonidas Ralph Mecham, Director, Administrative Office of the United States Courts; Meeting Hour: Agreed that when the House ad- and Chief Judge John Heyburn, Chairman, Budget journ today, it adjourn to meet at noon on Friday, Committee, Judicial Conference of the United States. March 12, and further that when it adjourn to meet at 12:30 p.m. on Tuesday, March 16 for Morning- ENERGY AND WATER DEVELOPMENT Hour debate. Page H1069 APPROPRIATIONS Calendar Wednesday: Agreed to dispense with the Committee on Appropriations: Subcommittee on Energy Calendar Wednesday business of Wednesday, March and Water Development held a hearing on the Sec- 17. Page H1069 retary of Energy. Testimony was heard from Spencer Senate Adjournment: Agreed to S. Con. Res. 98, Abraham, Secretary of Energy. providing for a conditional adjournment or recess of HOMELAND SECURITY APPROPRIATIONS the Senate. Page H1057 Committee on Appropriations: Subcommittee on Home- Presidential Message: Read a letter from the Presi- land Security held a hearing on Border and Trans- dent wherein he notified Congress of the continu- portation Security. Testimony was heard from Asa ation of the National Emergency with Respect to Hutchinson, Under Secretary, Border and Transpor- Iran—referred to the Committee on International tation Security, Department of Homeland Security. Relations and ordered to be printed (108–173). The Subcommittee also held a hearing on the Act- Page H1045 ing Administrator, Transportation Security Adminis- Senate Messages: Messages from the Senate today tration. Testimony was heard from ADM David appear on page H1013. Stone, USN, (Ret.), Acting Administrator, Transpor- tation Security Administration, Department of Quorum Calls—Votes: Two yea and nay votes and Homeland Security. one recorded vote developed during the proceedings today and appear on pages H1035, H1035–36, and LABOR, HHS, EDUCATION AND RELATED H1036–37. There were no quorum calls. AGENCIES APPROPRIATIONS Adjournment: The House met at 10 a.m. and ad- Committee on Appropriations: Subcommittee on Labor, journed at 6:18 p.m. Committee Meetings Health and Human Services, Education and Related

VerDate jul 14 2003 06:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.REC D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D227 Agencies held a hearing on the Secretary of Edu- ations Command Oversight. Testimony was heard cation. Testimony was heard from Rodney Paige, from the following officials of the Department of Secretary of Education. Defense: Thomas W. O’Connell, Assistant Secretary, VA, HUD AND INDEPENDENT AGENCIES Special Operations and Low-Intensity Conflict; GEN APPROPRIATIONS Bryan D. Brown, USA, Commander, U.S. Special Operations Command; LTG Philip Kensinger, USA, Committee on Appropriations: Subcommittee on VA, Commanding General, U.S. Army Special Operations HUD and Independent Agencies continued appro- Command; LTG Paul Hester, USAF, Commander, priation hearings. Testimony was heard from Mem- Air Force Special Operations Command; RADM Al- bers of Congress. bert Calland, USN, Commander, Naval Special War- NATIONAL DEFENSE AUTHORIZATION fare Command; and Command CMSgt Robert BUDGET REQUEST—NAVY RESEARCH AND Martens, Jr., U.S. Air Force, Senior Enlisted Advisor, DEVELOPMENT U.S. Special Operations Command. Committee on Armed Services: Subcommittee on Projec- BUDGET RESOLUTION tion Forces held a hearing on the Fiscal Year 2005 Committee on the Budget: Began mark up of the Budg- National Defense Authorization Budget Request— et Resolution for Fiscal Year 2005. Navy Research and Development, Transformation Committee recessed subject to call. and Future Navy Capabilities. Testimony was heard from the following officials of the Department of the CHANGING NATURE OF THE ECONOMY— Navy: John J. Young, Assistant Secretary (Research, CRITICAL ROLES OF EDUCATION AND Development and Acquisition); VADM John B. Na- INNOVATION than, USN, Deputy Chief of Naval Operations (N–7) Committee on Education and the Workforce: Held a hear- (Warfare Requirements and Programs); VADM Cut- ing entitled ‘‘The Changing Nature of the Economy: ler J. Dawson, Jr., Deputy Chief of Naval Operations The Critical Roles of Education and Innovation in (N–8) (Resources, Requirements, and Assessments); Creating Jobs & Opportunity in a Knowledge Econ- LTG Edward Hanlon, Jr., USMC, Commanding omy.’’ Testimony was heard from Alan Greenspan, General, Marine Corps Combat Development Com- Chairman, Board of Governors, Federal Reserve Sys- mand; and RADM Jay M. Cohen, USN, Chief of tem; and public witnesses. Naval Research, Director, Test and Evaluation and COLLEGE RECRUITING—ARE STUDENT Technology Requirements. ATHLETES BEING PROTECTED? NATIONAL DEFENSE AUTHORIZATION Committee on Energy and Commerce: Subcommittee on BUDGET REQUEST—ASSESSING Commerce, Trade and Consumer Protection held a ADEQUACY TO MEET READINESS NEEDS hearing entitled ‘‘College Recruiting: Are Student Committee on Armed Services: Subcommittee on Readi- Athletes Being Protected?’’ Testimony was heard ness held a hearing on the Fiscal Year 2005 National from Representative Osborne; and public witnesses. Defense Authorization Budget Request—Assessing IRAQ—REBUILDING CHALLENGES the Adequacy of the Fiscal Year 2005 Budget to Meet Readiness Needs. Testimony was heard from Committee on Government Reform: Held a hearing on the following officials of the Department of Defense: the Complex Task of Coordinating Contracts Amid GEN George Casey, USA, Vice Chief of Staff, Army, Chaos: The Challenges of Rebuilding a Broken Iraq. Headquarters, Department of the Army; ADM Mi- Testimony was heard from the following officials of chael G. Mullen, USN, Vice Chief of Naval Oper- the Department of Defense: MG Carl A. Strock, ations and LTG Jan C. Huly, USMC, Deputy Com- USA, Director, Civil Works, Army Corps of Engi- mander, Plans, Policy and Operations, U.S. Marine neers; GEN Paul J. Kern, USA, Commanding Gen- Corps, both with the Department of the Navy; and eral, U.S. Army Material Command; MG Wade H. GEN T. Michael Moseley, USAF, Vice Chief of McManus, Jr., USA, Commanding General, U.S. Staff, Air Force, Headquarters, U.S. Air Force. Army Field Support Command; Tina Ballard, Dep- uty Assistant Secretary, Army (Policy and Procure- NATIONAL DEFENSE AUTHORIZATION ment); Dov S. Zakheim, Under Secretary, (Comp- BUDGET REQUEST—SPECIAL OPERATIONS troller) and Chief Financial Officer; William H. COMMAND OVERSIGHT Reed, Director, Defense Contract Audit Agency; and Committee on Armed Services: Subcommittee on Ter- RADM David Nash, USN (Ret.), Director, Iraq Pro- rorism, Unconventional Threats and Capabilities gram Management Office, Coalition Provisional Au- held a hearing on the Fiscal Year 2005 National De- thority; and Lewis Lucke, Deputy Assistant Admin- fense Authorization Budget Request—Special Oper- istrator, AID, Department of State.

VerDate jul 14 2003 06:50 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.REC D11MR4 D228 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 ‘‘CERVICAL CANCER AND HUMAN CURRENT BUDGET PROCESS—CONSIDER PAPILLOMAVIRUS’’ NEW REFORM AND ENFORCEMENT Committee on Government Reform: Subcommittee on PROPOSALS Criminal Justice, Drug Policy and Human Resources Committee on Rules: Subcommittee on Legislative and held a hearing entitled ‘‘Cervical Cancer and Human Budget Process held a hearing to assess the effective- Papillomavirus.’’ Testimony was heard from Rep- ness of the current budget process and consider new resentative Weldon of Florida; the following officials reform and enforcement proposals. Testimony was of the Department of Health and Human Services: heard from Representatives Hensarling, Ryan of Ed. Thompson, M.D., Deputy Director, Public Wisconsin, Chocola, Stenholm, Hill, Kirk, Hastings Health Services, Centers for Disease Control and Pre- of Washington, Castle and Cox; and Josh Bolten, vention; Edward L. Trimble, M.D., Gynecologic Director, OMB. Oncologist, National Cancer Institute, NIH; and Daniel G. Schultz, M.D., Director, Office of Device EPA BUDGET Evaluation, Center for Devices and Radiologic Health, FDA; and public witnesses. Committee on Science: Subcommittee on Environment, Technology, and Standards held a hearing on the SUDAN: PEACE AGREEMENT AROUND THE Fiscal Year EPA Budget. Testimony was heard from CORNER? Clay Johnson, III, Deputy Director, Management, Committee on International Relations: Subcommittee on OMB; Paul Gilman, Assistant Administrator, Re- Africa held a hearing on Sudan: Peace Agreement search and Development, EPA; Paul Posner, Man- Around the Corner? Testimony was heard from the aging Director, Natural Resources and Environment, following officials ofthe Department of State: Charles GAO; and public witnesses. R. Snyder, Acting Assistant Secretary, Bureau of Af- rican Affairs; and Roger P. Winter, Assistant Ad- VA’S POST-TRAUMATIC STRESS DISORDER ministrator, Democracy, Conflict and Humanitarian PROGRAMS STATUS Assistance, AID; and public witnesses. Committee on Veterans’ Affairs: Subcommittee on Health held a hearing on the current status of De- OVERSIGHT—COPYRIGHT ACT partment of Veterans’ post-traumatic stress disorder Committee on the Judiciary: Subcommittee on Courts, (PTSD) programs. Testimony was heard from the the Internet, and Intellectual Property held an over- following officials of the Department of Veterans Af- sight hearing on Section 115 of the Copyright Act: fairs: Robert H. Roswell, M.D., Under Secretary, In Need of Update? Testimony was heard from Health; Thomas Horvath, M.D., Chief of Staff, Mi- Marybeth Peters, Register of Copyrights, Library of chael E. DeBakey Veterans Affairs Medical Center; Congress; and public witnesses. Terence Keane, Director, National Center for Post- Traumatic Stress Disorder, Boston Health Care Sys- OVERSIGHT—IMMIGRATION FUNDING tem; Harold Kudler, M.D., Co-Chair, Under Sec- Committee on the Judiciay: Subcommittee on Immigra- retary, Health’s Special Committee on PTSD, Dur- tion, Border Security, and Claims held an oversight ham Medical Center; Chaplain Robert W. Mikol, hearing entitled ‘‘Funding for Immigration in the Clinical Chaplain, Lyons Campus, New Jersey President’s 2005 Budget.’’ Testimony was heard Health Care System; and Rev. Philip G. Salois, from public witnesses. VISN 1 Chaplain Program Manager, Boston Health Care System; the following officials of the Depart- OVERSIGHT—BUDGET REQUESTS—NOAA ment of Defense: LTC Kenneth Brown, Chaplain, AND FISH AND WILDLIFE SERVICE U.S. Army; LT Charles E. Hodges, Chaplain Corps, Committee on Resources: Subcommittee on Fisheries U.S. Naval Reserve; and CDR Mark Jumper, Staff Conservation, Wildlife and Oceans held an oversight Chaplain, U.S. Coast Guard Academy; representa- hearing on the Administration’s Fiscal Year 2005 tives of veterans organizations; and public witnesses. budget requests for NOAA and the U.S. Fish and Wildlife Service. Testimony was heard from VADM PRESIDENT’S TRADE AGENDA Conrad C. Lautenbacher, Jr., USN, (Ret.), Under Committee on Ways and Means: Held a hearing on Secretary, Oceans and Atmosphere, NOAA, Depart- President Bush’s Trade Agenda. Testimony was ment of Commerce; and Steven A. Williams, Direc- heard from Robert B. Zoellick, U.S. Trade Rep- tor, U.S. Fish and Wildlife Service, Department of the Interior. resentative.

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NATIONAL RECONNAISSANCE PROGRAM Global Intelligence Update. The Subcommittee was BUDGET briefed by departmental witnesses. Permanent Select Committee on Intelligence: Met in execu- f tive session to hold a hearing on National Recon- COMMITTEE MEETINGS FOR FRIDAY, naissance Program Budget. Testimony was heard MARCH 12, 2004 from departmental witnesses. (Committee meetings are open unless otherwise indicated) BRIEFING—GLOBAL INTELLIGENCE Senate UPDATE No meetings/hearings scheduled. Permanent Select Committee on Intelligence: Sub- committee on Intelligence Policy and National Secu- House rity met in executive session to receive a briefing on No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, March 12 12 noon, Friday, March 12

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: To be announced. ing business.

Extentions of Remarks, as inserted in this issue

HOUSE Gutierrez, Luis V., Ill., E360 Neal, Richard E., Mass., E354 Hensarling, Jeb, Tex., E340 Ney, Robert W., Ohio, E340 Aderholt, Robert B., Ala., E362 Hoeffel, Joseph M., Pa., E340 Otter, C.L. ‘‘Butch’’, Idaho, E346, E355 Barton, Joe, Tex., E352 Holt, Rush D., N.J., E349, E350, E352 Pascrell, Bill, Jr., N.J., E354 Bereuter, Doug, Nebr., E353 Hooley, Darlene, Ore., E339 Paul, Ron, Tex., E346 Camp, Dave, Mich., E349 Inslee, Jay, Wash., E339, E340 Porter, Jon C., Nev., E356 Capuano, Michael E., Mass., E346 Israel, Steve, N.Y., E361 Rothman, Steven R., N.J., E360 Chocola, Chris, Ind., E350, E351 Johnson, Timothy V., Ill., E341 Rush, Bobby L., Ill., E354 Christensen, Donna M., The Virgin Islands, E362 Kucinich, Dennis J., Ohio, E350, E351, E352, E353 Sa´ nchez, Linda T., Calif., E339, E339 Clyburn, James E., S.C., E342 Lampson, Nick, Tex., E343 Schiff, Adam B., Calif., E361 Conyers, John, Jr., Mich., E355 Levin, Sander M., Mich., E358 Serrano, Jose´ E., N.Y., E350, E351 Crowley, Joseph, N.Y., E359 Lewis, Jerry, Calif., E341, E345 Sessions, Pete, Tex., E361 Cummings, Elijah E., Md., E362 Linder, John, Ga., E354 Deutsch, Peter, Fla., E363 LoBiondo, Frank A., N.J., E358 Shays, Christopher, Conn., E354 Diaz-Balart, Lincoln, Fla., E340 Lucas, Frank D., Okla., E357 Sherman, Brad, Calif., E357 Diaz-Balart, Mario, Fla., E341 McCarthy, Karen, Mo., E342 Shimkus, John, Ill., E359 Emanuel, Rahm, Ill., E360 McCotter, Thaddeus G., Mich., E355 Skelton, Ike, Mo., E361 Evans, Lane, Ill., E347 McInnis, Scott, Colo., E343, E345, E346, E347, E348, Smith, Christopher H., N.J., E355 Frank, Barney, Mass., E356 E349 Solis, Hilda L., Calif., E340, E356 Gerlach, Jim, Pa., E350 McIntyre, Mike, N.C., E343 Souder, Mark E., Ind., E356 Gillmor, Paul E., Ohio, E357 McKeon, Howard P. ‘‘Buck’’, Calif., E352 Stark, Fortney Pete, Calif., E359 Gordon, Bart, Tenn., E341, E360 Millender-McDonald, Juanita, Calif., E363 Towns, Edolphus, N.Y., E357 Goss, Porter J., Fla., E357 Miller, George, Calif., E360 Waters, Maxine, Calif., E363 Grijalva, Rau´ l M., Ariz., E353 Moore, Dennis, Kansas, E364 Wolf, Frank R., Va., E344

(Senate proceedings for today will continue in the next issue of the Record.)

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