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, APRIL 1, 2004 No. 44—Part II House of Representatives TRANSPORTATION EQUITY ACT: A Mr. Chairman, I reserve the balance want to change the policy with this LEGACY FOR USERS—Continued of my time. new legislation. So this was not to b 1545 Mr. YOUNG of Alaska. Mr. Chair- side-step the courts but, rather, to man, I yield myself such time as I may keep the law the same. Now, undoubtedly, supersized trucks consume. Mr. YOUNG of Alaska. Mr. Chair- mean growing safety risks for highway I will say, though, I am usually in man, reclaiming my time, but the in- drivers and pedestrians on narrow favor of what occurs by State action, dustry or the plaintiff that filed the roads. According to the U.S. Depart- but what this amendment does, it al- suit is now being precluded from going ment of Transportation, an estimated lows the State of New Jersey to limit forth. If my colleague wants to do that, 5,000 Americans die each year in acci- large trucks and twin-trailer combina- have the court or New Jersey file an in- dents involving large trucks, and an tion trucks to the interstate system, junction against the court’s decision. additional 130,000 drivers and pas- not intrastate, the New Jersey Turn- Do not ask us to undo what a court has sengers are injured. New Jersey has a pike and the Atlantic City Expressway, ruled. proportionate number of deaths and in- except when making local deliveries. It Mr. HOLT. Mr. Chairman, if the gen- juries. is amazing when you need your donors tleman will continue to yield, this This amendment is not anti-truck. Of you allow a twin-trailer truck to arrive would not preclude the truckers from course we need trucks for our com- at the door but nobody else. continuing their suit or the State. merce. The amendment simply ensures In 1999, the New Jersey DOT actually Mr. YOUNG of Alaska. Reclaiming that a State can see to it that the allowed New Jersey to ban, that is DOT my time, they can continue their suit, trucks travel on roads that are capable of New Jersey, large trucks from cer- but they are not the ones now that of handling that traffic safely. The resulting costs from trucks must tain roads. However, that was chal- have to pursue the suit. They are the be borne by State and local taxpayers; lenged in court by the trucking indus- ones that won the case, and they can and at a time when there already exists try; and if I am correct, just recently, drive their trucks on interstate com- a huge backlog of highway and bridge last week of this year, the U.S. District merce because of the clause in the maintenance projects and many States Court from New Jersey ruled that the interstate commerce clause under the are facing their worse budget crises New Jersey truck highway access regu- Constitution. What the gentleman is since before the Second World War, we latory system discriminated against asking us to do in the Congress is to must take that into consideration. interstate commerce and violated the undo what the court has ruled. States are really in the best position commerce clause of the U.S. Constitu- I am not a lawyer. Thank God for to make the determination of how the tion. that. We have got enough of those roads within those States should be This amendment would reverse that around here. But I am a little con- used. New Jersey did that 5 years ago decision; and, again, I would suggest cerned that what we are doing here is with the authorization of the U.S. De- that New Jersey use all the recourse really not fair to the persons that filed partment of Transportation. That limi- through the law. Because to take now a the suit to begin with. We are saying tation that New Jersey placed on these case that has been won by one side of you cannot do it. You can go back to trucks 5 years ago has worked very the argument in the court and now us, court. As we go back to court, well, well. It has resulted in, we believe, a as a Congress, to reverse that—— you cannot use the truck. Under the reduction of accidents and better safe- Mr. HOLT. Mr. Chairman, will the interstate clause, that is against the ty record and a better record of wear gentleman yield? Constitution, as the court has ruled. and tear on the small, generally two- Mr. YOUNG of Alaska. I yield to the Mr. Chairman, I reserve the balance lane, roads. gentleman from New Jersey. of my time. So my amendment simply maintains Mr. HOLT. Mr. Chairman, the pur- Mr. OBERSTAR. Mr. Chairman, how current practice. It does not make pose of the amendment, in fact, is to much time remains on both sides? sense to enable large trucks to make a maintain current law and current pol- The CHAIRMAN pro tempore (Mr. bad situation worse, to compel cash- icy, to make sure that this new law, SIMPSON). The gentleman from Alaska strapped States, counties and munici- should it take effect, would not change (Mr. YOUNG) has 11⁄2 minutes remain- palities to spend more of their limited anything. ing. The gentleman from New Jersey resources on bridge and road repairs New Jersey will continue and has de- (Mr. HOLT) has 11⁄2 minutes remaining. that are damaged by the supersized clared its intention of arguing this in Mr. YOUNG of Alaska. Mr. Chair- trucks. My amendment would address court; and we, the State of New Jersey, man, I yield 1 minute to the gentleman that. expect to win in court. We just do not from Minnesota (Mr. OBERSTAR).

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 mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.107 H01PT2 H2022 CONGRESSIONAL RECORD — HOUSE April 1, 2004 Mr. OBERSTAR. Mr. Chairman, this implement Alternative D of the Master port traffic to the I–405 freeway near language is not well-drafted, I must Plan for Los Angeles International Air- the Arbor Vitae/Manchester Avenue say to the gentleman. He has a very port or any other proposal to build a exits. This could cause a tremendous good purpose but very unclear and un- remote passenger check-in facility at increase in traffic congestion which al- sure language; and as I read the lan- LAX. ready has heavily congested this area. guage approved under unanimous con- Mr. Chairman, this proposed project It also would increase traffic conges- sent, it makes the authority even is mired in scandal and pay-to-play tion in the surrounding communities broader. contracting schemes. The FBI and the as airport passengers and other drivers It says trucks that are specifically DA are now investigating all of the al- seek alternative routes to get to and allowed by Federal law to travel on the leged corruption. from and around the airport. national network now can be dis- Los Angeles International Airport, Mr. Chairman, these funds are in- approved by New Jersey. We cannot which is located in my congressional tended for surface transportation have one rule for local trucks and a dif- district, is already the third largest projects that will benefit local commu- ferent rule for through trucks. airport in the United States, with a ca- nities and alleviate traffic congestion. Mr. HOLT. Mr. Chairman, I yield my- pacity to serve 78 million air pas- If we permit the funding of any self the balance of the time, and I will sengers every year. Alternative D is projects that enable the implementa- address those points. the latest of several proposals to make tion of Alternative D, the results will The amendment simply allows the LAX even bigger, not safer. be a tremendous inconvenience for pas- States to have the authority that the Alternative D is a $9 billion scheme sengers, huge increases in traffic con- Department of Transportation deter- that would demolish homes, disrupt gestion, and massive disruptions of mined 5 years ago that they had under the communities of Manchester local communities surrounding LAX. that existing transportation law. We Square, Inglewood, Hawthorne, El My amendment would ensure that no just want to make sure that in the leg- Segundo and other communities near funds are provided for surface transpor- islation we are considering today we do LAX in order to construct a remote tation projects that are planned or re- not change that. If it is determined passenger check-in facility at Man- quired to implement this destructive that that is in violation of the Con- chester Square, which is several blocks airport expansion project. stitution, certainly they will be the away from the airport terminals. I urge my colleagues to support this governing decision, but if it is not de- There is a broad coalition that have amendment. termined, we do not want anything in already agreed that we need a regional Mr. Chairman, I reserve the balance this law to preclude those States’ response, that this area is landlocked, of my time. rights. and it does not make good sense to try The CHAIRMAN pro tempore. Who With that, I ask support for my to expand LAX this way. The regional claims the time in opposition to the amendment. response to growth would be a good re- amendment? Mr. Chairman, I yield back the bal- sponse. This is an ill-conceived project. Mr. YOUNG of Alaska. I rise in oppo- ance of my time. The highly respected Rand Corpora- sition to the amendment. Mr. YOUNG of Alaska. Mr. Chair- tion evaluated this project, and they The CHAIRMAN pro tempore. The man, I yield back the balance of my concluded that it does not make good gentleman from Alaska (Mr. YOUNG) is time. sense, and in the event of a terrorist recognized for 5 minutes. The CHAIRMAN pro tempore. The attack, passengers would be at great Mr. YOUNG of Alaska. Mr. Chair- question is on the amendment, as risk because they would all be con- man, I yield such time as he may con- modified, offered by the gentleman centrated in this so-called remote fa- sume to the gentleman from Minnesota from New Jersey (Mr. HOLT). cility. (Mr. OBERSTAR) who wishes to speak on The amendment, as modified, was re- Alternative D would be inconvenient the amendment. jected. for airport passengers and their fami- Mr. OBERSTAR. Mr. Chairman, I The CHAIRMAN pro tempore. It is lies. Local families could no longer thank the Chair for yielding me the now in order to consider amendment drive to the central terminals in order time, and I reluctantly oppose the No. 12 printed in House report 108–456. to drop off passengers. Instead, airport amendment of the gentlewoman from AMENDMENT NO. 12 OFFERED BY MS. WATERS employees and passengers would have California with whom I am in accord Ms. WATERS. Mr. Chairman, I offer to go to this so-called remote pas- on most issues, and I think she makes an amendment. senger check-in facility and ride an a very good point about this remote se- The CHAIRMAN pro tempore. The automated people mover to the airport curity facility. Clerk will designate the amendment. terminals carrying their carry-on bag- I raised such concerns many years The text of the amendment is as fol- gage with them. This would be ex- ago in Paris when Charles de Gaulle lows: tremely inconvenient for most pas- Airport said, for American check-in Amendment No. 12 offered by Ms. WATERS: sengers, and it would present special passengers, we are going to have a sep- At the end of subtitle H of title I, add the hardships for the elderly, the handi- arate little place called the hutch. I following (and conform the table of contents capped, and families traveling with went over to inspect it, and I said, my of the bill accordingly): small children. goodness, this is terrific, you collect SEC. 1819. LIMITATION ON PROJECTS AT LOS AN- Alternative D would displace thou- all the Americans in one place so a ter- GELES INTERNATIONAL AIRPORT. sands of Manchester Square residents. rorist can throw a bomb and kill them No funds may be provided for surface In order to construct this remote pas- all at once. Of course, I said it in transportation projects that are planned or senger check-in facility, the City of French; and they said, oh, we had not required to implement Alternative D of the Los Angeles would have to acquire and thought about that. They backed away Master Plan for Los Angeles International Airport or any other proposal to build a re- demolish 38 houses, 179 apartment and said, well, we will not make Ameri- mote passenger check-in facility at Los An- buildings and a 52-year-old elementary cans do that. geles International Airport. school, in addition to the 263 structures So the gentlewoman makes a good The CHAIRMAN pro tempore. Pursu- it has already acquired. It would also point, but it is the point that is part of ant to House Resolution 593, the gen- have to relocate about 6,200 people, a larger process and that is to stop the tlewoman from California (Ms. WA- some of whom have federally sub- expansion of the Los Angeles Airport. TERS) and a Member opposed each will sidized housing vouchers. I strongly op- The Metropolitan Planning Organiza- control 5 minutes. pose the forced relocation of any of tion is the agency in an urbanized area The Chair recognizes the gentle- these residents. with the responsibility to determine woman from California (Ms. WATERS). Alternative D would increase traffic the needs for projects to be advanced to Ms. WATERS. Mr. Chairman, I yield congestion in communities near LAX. meet transportation needs for the area. to myself such time as I may consume. The proposal would concentrate airport We really should not be inserting our- My amendment would prohibit the traffic on the east side of the airport selves into that debate, certainly not use of funds for surface transportation near the proposed remote passenger at this time; and, reluctantly, I oppose projects that are planned or required to check-in facility, causing a shift in air- the gentlewoman’s well-intentioned

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.108 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2023 amendment and well-expressed amend- July 22 of the year 2000. The accident is repeated time after time after time. ment. instantly killed Ensign Elliott and se- People who commit carnage on our Mr. YOUNG of Alaska. Mr. Chair- riously injured his passenger, Kristen highways, repeat drunk drivers, too man, I reserve my time. Hoinwarter. often there is a far too long history. If Ms. WATERS. Mr. Chairman, I yield Sadly, it was later discovered, and it we had an effective program of im- myself the balance of my time. was very sad, that the driver respon- poundment or vehicle confiscation, I It is unfortunate that there seems to sible for Ensign Elliott’s death had think we would make a dramatic state- be some agreement between my friends been arrested for drunken driving ear- ment towards the people who are serial on the opposite side of the aisle and my lier in the evening. He was released abusers. own caucus in opposing my project. It from custody, obviously while still It is something that I think makes is very important to my district and being intoxicated, and returned to his clear that the license to drive is not a all of the areas in the surrounding car. Elliott was on his way home for license to kill; that if we had a more communities that has formed a coali- his mother’s birthday party when he aggressive program to disarm people tion, and this is simply a request to crossed paths with the intoxicated who have shown that they are repeat- say let us not use any of this money for driver. edly dangerous drivers, we can find any selfish projects. Nearly 3 years after that tragic acci- some common ground. This has nothing to do with the dent, his parents, Bill and Muriel El- Too often we have had people who building of the facility itself; and, un- liott, continue the fight to save other are, for example, in the restaurant and fortunately, since there has been an families from the grief they have en- beverage industry that are concerned agreement, I know that it will be voted dured. Lobbying the New Jersey State about how low the blood alcohol level down, but I am not at all happy about legislature, the Elliotts saw to fruition is going to fall. We have had concerns it. the drafting, passage, and ultimate en- from our friends with the Mothers Against Drunk Driving who want to b 1600 actment of John’s Law. The law en- sures that individuals who pick up an move forward. Well, this is one people The CHAIRMAN pro tempore (Mr. arrested driver sign a document accept- can unite behind. SIMPSON). The gentlewoman’s time has ing custody. Additionally, it gives I appreciate the gentleman bringing expired. State Police the authorization to im- it forward. I hope that we can put Mr. YOUNG of Alaska. Mr. Chair- pound the automobile of an arrested something in this legislation before we are through that speaks to vehicle im- man, I yield back the balance of my driver for up to 12 hours. time. My amendment will encourage States poundment, that encourages States to The CHAIRMAN pro tempore (Mr. to establish DWI impoundment pro- have vehicle forfeiture, and that we HASTINGS of Washington). The question grams for making them eligible for an can take a dramatic step towards is on the amendment offered by the existing grant program, helping them eliminating the tiny fraction of people gentlewoman from California (Ms. WA- to defray costs. My amendment does who are repeat drunk drivers who in- TERS). not, I repeat, does not require States to flict such damage on the highways. Mr. OBERSTAR. Mr. Chairman, I The amendment was rejected. enact impoundment programs, nor does yield myself such time as I may con- The CHAIRMAN pro tempore. It is it stipulate the terms of their pro- sume, and I thank the gentleman for now in order to consider amendment grams, nor does it penalize States for his very cogent statement. No. 13 printed in House Report 108–486. not enacting such programs. And since AMENDMENT NO. 13 OFFERED BY MR. LOBIONDO Section 410 of existing law gives funds come from an existing grant pro- States eligibility to receive funds for Mr. LOBIONDO. Mr. Chairman, I offer gram, it will not cost the Federal Gov- an amendment. alcohol-impaired driving counter- ernment a single penny. measures. It is a good program, a good The CHAIRMAN pro tempore. The We are making important strides to provision. New Jersey is the first and Clerk will designate the amendment. eliminate the senseless deaths caused only State to enact a law to impound a The text of the amendment is as fol- by the lethal mix of alcohol and auto- vehicle operated by a person who was lows: mobiles. Annual deaths from drinking arrested for drunk driving. Amendment No. 13 offered by Mr. and driving have decreased. However, Now, section 410 requires that States LOBIONDO: much work remains to be done. Each At the end of the matter proposed to be meet six of nine criteria to qualify for death is a preventable one, and this a grant. If the gentleman’s amendment added by section 2003(b)(6) of the bill, strike amendment will go a long way to en- the closing quotation marks and the final pe- is accepted, it would expand that num- riod and insert the following: suring deaths like Elliott’s are pre- ber to seven. If the gentleman from ‘‘(J) PROGRAM FOR IMPOUNDMENT OF VEHI- vented, and families are saved from the New Jersey, as I understand from pre- CLES.—A program to impound a vehicle oper- pain that the Elliotts have experienced vious discussion on this amendment, ated by a person who is arrested for oper- and other families have experienced would agree that as we move further ating the vehicle while under the influence across the Nation. into conference, that the number of of alcohol.’’. Mr. Chairman, I urge all Members to The CHAIRMAN pro tempore. Pursu- criteria necessary to qualify for a support my amendment. grant should be reduced to six, so we ant to House Resolution 593, the gen- Mr. Chairman, I reserve the balance not expand the number and make it tleman from New Jersey (Mr. of my time. easier to evade, then I would concur in LOBIONDO) and a Member opposed each Mr. OBERSTAR. Mr. Chairman, I this amendment. will control 5 minutes. claim the time in opposition, and I Mr. LOBIONDO. Mr. Chairman, will The Chair recognizes the gentleman yield myself such time as I may con- the gentleman yield? from New Jersey (Mr. LOBIONDO). sume. Mr. OBERSTAR. I yield to the gen- Mr. LOBIONDO. Mr. Chairman, I Mr. Chairman, I believe, with further tleman from New Jersey. yield myself such time as I may con- discussion, we can find a way to come Mr. LOBIONDO. Mr. Chairman, I sume. to a resolution. thank the gentleman for yielding, and Mr. Chairman, my amendment would Mr. Chairman, I yield 11⁄2 minutes to I would answer, absolutely yes, that is make States eligible to receive section the gentleman from Oregon (Mr. a commonsense approach, and I would 410, Alcohol-Impaired Countermeasures BLUMENAUER). agree to that. grant funding to cover the cost of DWI Mr. BLUMENAUER. Mr. Chairman, I Mr. OBERSTAR. Mr. Chairman, re- vehicle impoundment programs. rise in support of the concept that is claiming my time, I thank the gen- The motivation for my amendment is being advanced by my friend from New tleman. the result of a very tragic death of one Jersey. One of the things that I had Mr. YOUNG of Alaska. Mr. Chair- of my constituents. U.S. Navy Ensign worked on prior to coming to Congress man, will the gentleman yield? John Elliott, who had just received his dealt with taking away the cars of re- Mr. OBERSTAR. I yield to the gen- commission from the naval flight peat drunk drivers. tleman from Alaska. school in Pensacola, Florida, was I listened to the story of Ensign El- Mr. YOUNG of Alaska. Mr. Chair- struck and killed by a drunk driver on liott and, sadly, this is a pattern that man, I simply wanted to compliment

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.111 H01PT2 H2024 CONGRESSIONAL RECORD — HOUSE April 1, 2004 the gentleman and the gentleman from Insert the following in lieu of Amendment lives of millions of citizens in Oregon Oregon for their presentations. As I 14: and in the San Diego metropolitan told the gentleman from New Jersey, I In the matter proposed to be inserted as area. section 5309(e) of title 49, United States Code, Mr. Chairman, I urge adoption of the did support the concept of this amend- by section 3010(d) of the bill insert the fol- ment. lowing: amendment. I also agree with my ranking member Subsection (d) does not apply to projects Mr. Chairman, I reserve the balance that, as we go through it, we will do it for which the Secretary has received an ap- of my time. the right way and do it correctly so we plication for final design. Mr. YOUNG of Alaska. Mr. Chair- can actually solve a serious problem. The CHAIRMAN pro tempore. Is man, I rise in opposition to the amend- His story is a very telling story. there objection to the modification of- ment. So with that, I guess we will have a fered by the gentleman from Oregon Mr. Chairman, I yield myself such voice vote; is that correct? (Mr. WU)? time as I may consume. Mr. OBERSTAR. Mr. Chairman, re- There was no objection. Mr. OBERSTAR. Mr. Chairman, will claiming my time, yes, we are; and I The CHAIRMAN pro tempore. Pursu- the gentleman yield? thank the chairman and the gentleman ant to House Resolution 593, the gen- Mr. YOUNG of Alaska. I yield to the from New Jersey for a very thoughtful tleman from Oregon (Mr. WU) and a gentleman from Minnesota. constructive matter that now has been Member opposed will each control 5 Mr. OBERSTAR. Mr. Chairman, I resolved in, I think, a very positive minutes. thank the gentleman for yielding. The way. The Chair recognizes the gentleman language of the amendment of the gen- Mr. Chairman, I reserve the balance from Oregon (Mr. WU). tleman from Oregon as originally of my time. Mr. WU. Mr. Chairman, I yield myself drawn was way beyond the scope of Mr. LOBIONDO. Mr. Chairman, I such time as I may consume. what he intended, and we greatly ap- yield myself such time as I may con- Mr. Chairman, there are projects preciate the cooperation of the major- sume for a few closing remarks. that have undergone all aspects of FTA ity giving the gentleman the oppor- I would just again like to thank the New Starts review and have, in fact, re- tunity to have unanimous consent to gentleman from Alaska (Mr. YOUNG), ceived recommended ratings in the correct the language to reflect exactly the chairman of the committee. And to FTA 2005 New Starts Report, and they what he wants to do, to limit this the ranking member, the gentleman are simply awaiting approval to enter amendment to small starts, which it from Minnesota (Mr. OBERSTAR), I final design. These projects have been does; and I think that relieves the con- thank you. I know we have had exten- through financial review, environ- cerns on both sides of the aisle. sive discussions over this issue. mental review, project management re- Mr. YOUNG of Alaska. Mr. Chair- I want to also thank the gentleman view, and have fulfilled all of the pre- man, reclaiming my time, we are going from Oregon (Mr. BLUMENAUER), who requisites for entering into final de- to support the amendment as intended. came to me when he first heard of my sign. However, there is a slight, as I think story, and he told me about situations However, under our subject legisla- the gentleman from Minnesota men- that he had experienced and the work tion, only projects with a full funding tioned, drafting error, the section that he had done on this. And I think he is grant agreement or letter of intent be- applies to both the current new starts absolutely correct, we have to find a fore enactment of this bill are exempt and the new small starts process. We common ground in these areas where from the provisions for major projects will take the amendment at this time we can avoid these senseless tragedies and small starts. This is a serious prob- with the gentleman’s understanding we for families like that of Ensign Elliott. lem for smaller projects like a com- want to correct the language in con- This is a commonsense measure that muter rail project in my congressional ference so that the exemption applies can move us forward. district, which are in final design or in only to the new small starts process. Mr. Chairman, I yield back the bal- the process of having final design ap- Does the gentleman understand that? ance of my time. proved. I might add this also affects a Mr. OBERSTAR. Mr. Chairman, will Mr. OBERSTAR. Mr. Chairman, I rail project in the San Diego metro- the gentleman yield? yield back the balance of my time. politan area. Mr. YOUNG of Alaska. I yield to the The CHAIRMAN pro tempore. The These projects will essentially have gentleman from Minnesota. question is on the amendment offered to start all over again under the small Mr. OBERSTAR. Mr. Chairman, I be- by the gentleman from New Jersey starts program and, furthermore, such lieve under the unanimous consent (Mr. LOBIONDO). projects will have to await the promul- agreement, the gentleman has already The amendment was agreed to. gation of small starts rules before pro- made that correction in the language The CHAIRMAN pro tempore. It is ceeding. This process will result in a pending. now in order to consider amendment year-long delay for projects that are Mr. YOUNG of Alaska. Reclaiming No. 14 printed in House Report 108–456. near the end of an already lengthy Fed- my time once again, Mr. Chairman, if AMENDMENT NO. 14 OFFERED BY MR. WU eral approval process. he has done that, I apologize. I was Mr. WU. Mr. Chairman, I offer an In the case of the commuter rail talking to my staff and they did not amendment. project in my congressional district, advise me of that. If that has already The CHAIRMAN pro tempore. The this long delay will seriously endanger been done, we do not have to worry Clerk will designate the amendment. State funding and agreed-to rail agree- about that. The text of the amendment is as fol- ments. Mr. OBERSTAR. If the gentleman lows: Mr. Chairman, my amendment will will continue to yield, I would just add Amendment No. 14 offered by Mr. WU: exempt projects for which the Sec- that the principle remains. In the matter proposed to be inserted as retary of Transportation has received section 5309(e) of title 49, United States Code, Mr. WU. Mr. Chairman, I yield myself by section 3010(d) of the bill after ‘‘or entered an application for final design from the such time as I may consume to assure into a full funding grant agreement’’ insert small starts provisions of the bill. This the chairman and ranking member the following: fair and balanced amendment will that as originally drafted it applied to or received an application for final design allow recommended new starts which both subsection (d) and (e), major MODIFICATION TO AMENDMENT NO. 14 OFFERED have applied for final design to move starts and small starts. As redrafted in BY MR. WU forward on their original time line and the modified language, this amend- Mr. WU. Mr. Chairman, I ask unani- avoid unnecessary delay. ment applies only to subsection (d), the mous consent that the amendment be This is expressly limited to sub- small starts provision. modified in the form at the desk. section (d), small start projects only. So I want to assure the chairman and The CHAIRMAN pro tempore. The My amendment will only affect two ranking member that it does only Clerk will report the modification. recommended small start transit apply to small starts, what would oth- The Clerk read as follows: projects in the entire country, but it erwise be small starts. Modification to amendment No. 14 offered will save unnecessary administrative Mr. Chairman, I yield back the bal- by Mr. WU: delay and also improve the commuting ance of my time.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.114 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2025 The CHAIRMAN pro tempore. The I am proud to offer this amendment This amendment would require that question is on the amendment, as with the gentlewoman from Michigan more than 60 percent of the compo- modified, offered by the gentleman (Ms. KILPATRICK). I offered a similar nents and subcomponents of manufac- from Oregon (Mr. WU). amendment in committee, and the tured products used for construction The amendment, as modified, was chairman and the ranking member projects be of United States origin. Of agreed to. have been kind enough to work with us course, this means that, instead of to incorporate as much as possible into b 1615 going to the lowest bidder, the tax- the manager’s amendment today. payers getting their best bang for the The CHAIRMAN pro tempore (Mr. Mr. Chairman, as Members know, we buck, it could raise costs conceivably HASTINGS of Washington). It is now in have a manufacturing crisis in this as much as 15 percent on a project with order to consider amendment No. 15 country. We have lost an estimated 3 its components. That means that there printed in House Report 108–456. million manufacturing jobs. While is less money to build more roads with, AMENDMENT NO. 15 OFFERED BY MR. many of us may hold different views on to buy additional rail cars, to build LATOURETTE how that came about, I think we can intersections that are needed, and it Mr. LATOURETTE. Mr. Chairman, I all agree that the Federal Government means fewer people can become em- offer an amendment. should be part of the solution to the ployed because we may be paying more The CHAIRMAN pro tempore. The crisis. money just to buy domestically. This Clerk will designate the amendment. The problem here is that there is too would constitute a radical and in my The text of the amendment is as fol- much confusion currently as to what a judgment harmful expansion of the lows: manufactured good is. The gentleman current law. Amendment No. 15 offered by Mr. from Washington (Mr. BAIRD) had a There is already in my judgment a LATOURETTE: sense of Congress on the floor a little very wrongheaded 50 percent ceiling on In section 3023(g) of the bill, redesignate earlier that addressed this issue. non-U.S. components. I have serious paragraphs (1) through (4) as paragraphs (2) Today, Buy America requires that a concerns about raising it another 10 through (5), respectively, and insert before manufactured good must be made with percent. I think we ought to be going paragraph (2) (as so redesignated) the fol- components assembled in the United lowing: in the other direction, and I think that States. Subcomponents, however, do this amendment makes bad policy even (1) IN GENERAL.—Section 5323(j) is amended not have to be American made. This worse. by striking paragraphs (1), (2), and (3) and in- has caused a good deal of confusion. serting the following: We need to beware the law of unin- This amendment that the gentle- tended consequences. Domestic source ‘‘(1) IN GENERAL.—Funds made available to woman from Michigan and I are offer- carry out this chapter may only be used if— restrictions such as this one may in- ‘‘(A) in the case of a construction project— ing will correct the problem. The deed be well intentioned, but they only ‘‘(i) the steel or iron used shall be of amendment is a modified version of serve to increase the cost of our crit- United States origin; H.R. 3682, the Protecting American ical transportation projects by reduc- ‘‘(ii) more than 60 percent of the cost of the Manufacturing Jobs Act, which was in- ing competition available for Federal components and subcomponents, in the ag- troduced by the gentlewoman from contracts and raising the cost to the gregate, of all manufactured products shall Michigan. We were able to work this taxpayers. These restrictions are often be of United States origin; and out with input from the Federal Tran- self-defeating as they can well lead to ‘‘(iii) labor costs related to on-site con- sit Administration so they can imple- reprisals from overseas trading part- struction shall not be included in calculating ment it. the costs under clause (ii); Under this amendment, we clarify ners. We often lose much more business ‘‘(B) in the case of a system acquisition— that 60 percent of the components and than we gain. ‘‘(i) more than 60 percent of the cost of the Restrictions such as those proposed subcomponents in a manufactured components and subcomponents, in the ag- here could possibly provide some im- product must be American made. For gregate, of all manufactured products shall mediate short-term benefits to some be of United States origin; and construction projects and system ac- American companies, but in the long ‘‘(ii) labor costs related to installation and quisition, the amendment requires that run, in my judgment, they hurt the testing shall not be included in calculating 60 percent of the total cost of compo- overall economy. We cannot maintain the costs under clause (i); nents and subcomponents in manufac- our global leadership in manufacturing ‘‘(C) in the case of a manufactured prod- tured products must be American uct— by artificially propping up industries made. We also required that final as- ‘‘(i) more than 60 percent of the compo- that are not able to compete in the sembly of any manufactured product nents and subcomponents shall be of United global marketplace. must happen in the United States. By States origin; Mr. Chairman, we are here today making these changes we will make ‘‘(ii) final assembly shall occur in the touting the job creation potential of United States; and sure that Federal dollars support this reauthorization bill, so I have to ‘‘(iii) labor costs related to final assembly American jobs. ask this question: Have we considered shall not be included in calculating the costs This is, in my opinion, a good amend- the counterproductive, anticompetitive under clause (ii). ment. It helps take care of our own EGULATIONS consequences of restrictionist amend- ‘‘(2) R .—The Secretary shall manufacturing jobs in this country. I issue regulations to carry out this section.’’. ments like this one? How many jobs urge support. In section 3023(g)(2) (as so redesignated), could be created with the dollars firms strike ‘‘is amended’’ and all that follows Mr. Chairman, I reserve the balance of my time. will have to spend to comply with through ‘‘following:’’ and insert ‘‘is amended these government-unique restrictions? by inserting after paragraph (2) the fol- Mr. TOM DAVIS of Virginia. Mr. lowing:’’. Chairman, I claim the time in opposi- Our goal should be to ensure that we In section 3023(g)(3) (as so redesignated), tion. have access to open world markets so strike ‘‘5323(j)(6) (as so redesignated)’’ and The CHAIRMAN pro tempore. The that we can get the best deal on the insert ‘‘5323(j)(5)’’. gentleman from Virginia (Mr. TOM best goods available, regardless of their In section 3023(g)(4) (as so redesignated), DAVIS) is recognized for 5 minutes. location. The American taxpayer de- redesignate the quoted paragraph (9) as para- Mr. TOM DAVIS of Virginia. Mr. serves nothing less. This again allows graph (8). Chairman, I yield myself such time as us to spend more money from this The CHAIRMAN pro tempore. Pursu- I may consume. transportation bill on transportation ant to House Resolution 593, the gen- Mr. Chairman, I rise in opposition to products, which means we can employ tleman from Ohio (Mr. LATOURETTE) the LaTourette amendment. more people than these restrictions and a Member opposed each will con- First, let me say to my friend from would otherwise give us. trol 5 minutes. Ohio, the domestic steel industry has I cannot overstate the potential The Chair recognizes the gentleman no stronger advocate in the Congress harm posed by such economic isola- from Ohio (Mr. LATOURETTE). than the gentleman from Ohio. He has tionist restrictions, harm to our crit- Mr. LATOURETTE. Mr. Chairman, I been a leader in this area, but on this ical transportation infrastructure, be- yield myself such time as I may con- particular amendment I take issue cause by paying more we end up being sume. with it and disagree. able to do less; harm to our Nation’s

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.119 H01PT2 H2026 CONGRESSIONAL RECORD — HOUSE April 1, 2004 place in the global economy; and harm ity of their goods to get into markets, Modification to amendment No. 15 offered to our job creation agenda. they retaliate against us. by Mr. LATOURETTE: We have to remember a couple of What does this mean? It could be re- In the table contained in section 1702 of the things. taliation against agricultural products, bill, as amended— First of all, the details of the certifi- information technology, even other (1) strike ‘‘Conduct a project study to ex- cation contained in this bill in my manufactured products. It is anti- amine an interchange at State Route 165 and judgment means that if there is not competitive, and it is antijobs, in my Bradbury Road, Merced County.’’ in item 1544 and insert ‘‘Conduct a Project Study Re- availability of U.S. parts then we are opinion, as it is currently constructed. port for new Highway 99 interchange be- going to need waivers. Waivers are I rise in opposition. tween State Route 165 and Bradbury Road, going to have to be obtained. In these Mr. Chairman, I reserve the balance serving Turlock/Hilmar region’’; and waivers, of course, it takes more time, of my time. (2) strike ‘‘$500,000.00’’ in item 2844 (relat- which delays transportation projects. MODIFICATION TO AMENDMENT NO. 15 OFFERED ing to construction of roads in Rockdale Vet- Secondly, it could have the unin- BY MR. LATOURETTE erans Memorial Park, Georgia) and insert tended consequences of allowing by Mr. LATOURETTE. Mr. Chairman, I ‘‘$1,000,000.00’’. these waivers more foreign products in ask unanimous consent to modify the In item 13 of the table contained in section the U.S. than you may get otherwise in amendment with the text which I have 3038 of the bill, as amended (relating to Bur- some instances. placed at the desk. lington County, New Jersey), strike ‘‘Tran- Thirdly, and most important, this The CHAIRMAN pro tempore. The sit’’ and insert ‘‘transit’’. can invite retaliation from foreign Clerk will report the modification. At the end of such table after item 358, in- countries who, as we restrict the abil- The Clerk read as follows: sert the following:

Project FY 05 FY 06 FY 07

359. State of Wisconsin buses and bus facilities ...... $9,600,000.00 $9,900,000.00 $10,500,000.00

Mr. LATOURETTE (during the read- I was just visited by a group of bus tlewoman for bringing this amendment ing). Mr. Chairman, I ask unanimous manufacturers in my office just last forward. consent that the modification be con- week. They were complaining about In the 1980s, as the Chair of the Sub- sidered as read and printed in the how much business they are losing and committee on Investigations and Over- RECORD. how many jobs they are losing. I think sight, I held extensive hearings on the The CHAIRMAN pro tempore. Is it is imperative that we adopt the status of manufacturing in light rail, there objection to the request of the LaTourette-Kilpatrick amendment. passenger vehicles and buses during gentleman from Ohio? Buy America keeps Americans work- which we demonstrated the loss of tens Mr. TOM DAVIS of Virginia. Mr. ing, keeps families together and addi- of thousands of jobs in America to un- Chairman, reserving the right to ob- tionally offers revenues for cities derbid products coming in from over- ject, could I just ask what the purpose across America. I would hope that we seas. We shipped overseas tens of thou- of the modification is? would support the LaTourette-Kil- sands of jobs in the light rail, pas- Mr. LATOURETTE. If the gentleman patrick amendment. senger rail and bus sector of our econ- will yield, the committee, both minor- Mr. TOM DAVIS of Virginia. Mr. omy. ity and majority, have asked me to use Chairman, I yield myself the balance of Now it is coming back. Now we are this amendment as a vehicle to make my time. recapturing those jobs. We now are technical corrections in the bill. Let me just say on this amendment, putting in the next 6 years $51.5 billion Mr. TOM DAVIS of Virginia. This this may expand the Buy America for into transit systems in America. We makes a bad amendment better. steel, but it shrinks Buy America in ought to have those jobs in America as Mr. Chairman, I withdraw my res- other areas, other manufactured areas, well and reclaim the technology and ervation of objection. perhaps agriculture, perhaps informa- the jobs that go with them for Amer- The CHAIRMAN pro tempore. Is tion technology, because of this kind of ica. That is what this amendment will there objection to the request of the action that basically invites retalia- do. gentleman from Ohio? Mr. LATOURETTE. Mr. Chairman, I tion from foreign countries. There was no objection. yield myself the balance of my time. America is only 5 percent of the The CHAIRMAN pro tempore. With- I want to make this observation. The out objection, the modification is world’s consumers. If we want to suc- Federal Government in the procure- agreed to. ceed from a manufacturing standpoint ment process has no greater champion There was no objection. and economically around the world, we in this Congress than the gentleman Mr. LATOURETTE. Mr. Chairman, it need to expand those markets. This from Virginia (Mr. TOM DAVIS), the is my pleasure to yield 2 minutes to goes in the opposite way. We ought to chairman of the Committee on Govern- the distinguished gentlewoman from be reducing the Buy America require- ment Reform. The hearings that he has Michigan (Ms. KILPATRICK), who, as I ments, reducing the certification proc- conducted have literally saved the indicated in my other remarks, is the ess that does nothing but invite waiv- country and the taxpayers billions of sponsor of the original legislation and ers which delays transportation dollars. the coauthor of this amendment. projects; and we ought to put our This issue, however, while I appre- Ms. KILPATRICK. Mr. Chairman, let transportation dollars into getting as ciate every argument that he has me thank the gentleman from Ohio for much road money, as much money to made, it is time, not by being protec- his leadership in continuing the provi- buy rail cars, to lay track and move tionist but it is time in the manufac- sion to buy America. We are in a down- America as we can. This raises the cost turing sector that we take care of our turn in our country. Many manufac- of doing that with this legislation. It is own in the United States. It is not un- turing jobs have been lost. This Con- for that reason that I oppose this and reasonable to require that 60 percent, gress has always supported Buy Amer- urge opposition to this amendment. we are not asking for 100 percent, but ica in earlier years and in times past. Mr. Chairman, I yield back the bal- 60 percent of these goods and projects We hope they will come together today ance of my time. be manufactured in the United States to support our amendment. Mr. LATOURETTE. Mr. Chairman, it and there not be some shell game It is important that we make sure, is my pleasure to yield such time as he where they simply have to be assem- and a previous speaker said that we may consume to the gentleman from bled in the United States. You could may not get the best price. We believe Minnesota (Mr. OBERSTAR), the distin- have a machine with 150 parts and to- that American workers will have the guished ranking member of the com- day’s requirement is they could all be best price, will have the best manufac- mittee. made overseas as long as we had a shop tured goods and that in this $275 billion Mr. OBERSTAR. Mr. Chairman, I that assembled them here in this coun- bill, much of it should be spent with thank the gentleman for yielding time try. It is wrong, and I ask for support American manufacturers. and thank the gentleman and the gen- of the amendment.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.122 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2027 The CHAIRMAN pro tempore. The (3) PRIORITY OF GRANT APPLICATIONS.—The provide transportation between the facilities question is on the amendment, as Secretary shall give priority to awarding of a public airport. modified, offered by the gentleman grants to applicants emphasizing the re- (2) ELIGIBLE ENTITIES.—The term ‘‘eligible placement of buses manufactured before entities’’ means the owners and operators of from Ohio (Mr. LATOURETTE). model year 1977. the 25 public airports in the United States The amendment, as modified, was (g) CONDITIONS OF GRANT.—A grant pro- with the most passenger boardings in the agreed to. vided under this section shall include the fol- prior calendar year. The CHAIRMAN pro tempore. It is lowing conditions: (3) PUBLIC AIRPORT.—The term ‘‘public air- now in order to consider amendment (1) All buses acquired with funds provided port’’ has the meaning such term has under No. 16 printed in House Report 108–456. under the grant shall be operated as part of section 47102 of title 49, United States Code. AMENDMENT NO. 16 OFFERED BY MR. CROWLEY the airport bus fleet for which the grant was (k) AUTHORIZATION OF APPROPRIATIONS.— made for a minimum of 5 years. There are authorized to be appropriated to Mr. CROWLEY. Mr. Chairman, I offer the Secretary for carrying out this section— an amendment. (2) Funds provided under the grant may only be used— (1) $40,000,000 for fiscal year 2004; The CHAIRMAN pro tempore. The (A) to pay the cost, except as provided in (2) $50,000,000 for fiscal year 2005; Clerk will designate the amendment. paragraph (3), of new natural gas airport (3) $60,000,000 for fiscal year 2006; The text of the amendment is as fol- buses, including State taxes and contract (4) $70,000,000 for fiscal year 2007; and lows: fees; and (5) $80,000,000 for each of fiscal years 2008 Amendment No. 16 offered by Mr. CROW- (B) to provide— and 2009. LEY: (i) up to 10 percent of the price of the nat- The CHAIRMAN pro tempore. Pursu- At the end of title III, add the following ural gas buses acquired, for necessary nat- ant to House Resolution 593, the gen- (and conform the table of contents accord- ural gas infrastructure if the infrastructure tleman from New York (Mr. CROWLEY) ingly): will only be available to the grant recipient; and a Member opposed each will con- and SEC. 3045. AIRPORT BUS REPLACEMENT AND trol 5 minutes. FLEET EXPANSION PILOT PRO- (ii) up to 15 percent of the price of the nat- GRAMS. ural gas buses acquired, for necessary nat- The Chair recognizes the gentleman (a) ESTABLISHMENT.—The Secretary shall ural gas infrastructure if the infrastructure from New York (Mr. CROWLEY). establish a pilot program for awarding will be available to the grant recipient and Mr. CROWLEY. Mr. Chairman, I grants on a competitive basis to eligible en- to other bus fleets. yield myself such time as I may con- tities for facilitating the use of natural gas (3) The grant recipient shall be required to sume. buses at public airports through airport bus provide— Let me state first my admiration for replacement and fleet expansion programs (A) in the case of a replacement bus ac- both the chair and the ranking member under this section. quired as described in subsection (f)(2)(A) to of the Committee on Transportation (b) REQUIREMENTS.—Not later than 3 replace a bus manufactured before model and Infrastructure for the work that months after the date of enactment of this year 1977, 10 percent of the total cost of the Act, the Secretary shall establish and pub- bus, but not more than $10,000; they have put into creating this bill be- lish in the Federal Register grant require- (B) in the case of a replacement bus ac- fore us today. I do not pretend to know ments on eligibility for assistance, and on quired as described in subsection (f)(2)(B)(ii) all the difficulties that they have been management, transfer, and ultimate disposi- to replace a diesel-powered bus manufac- through in trying to craft this legisla- tion of buses, including certification require- tured before model year 1991 for exchange for tion, not being a member of the com- ments to ensure compliance with this sec- a bus manufactured before model year 1977, mittee, but having done a good bit of tion. 10 percent of the total cost of the bus, but extensive reading through the papers (c) SOLICITATION.—Not later than 6 months not more than $10,000; and have come to understand that this has after the date of enactment of this Act, the (C) in the case of a replacement bus ac- Secretary shall solicit proposals for grants quired as described in subsection (f)(2)(B)(i) not been an easy process for them. I do under this section. to replace a diesel-powered bus manufac- extend to them my congratulations on (d) ELIGIBLE RECIPIENTS.—A grant shall be tured before model year 1991, 25 percent of coming this far. awarded under this section only to a public the total cost of the bus, but not more than Mr. Chairman, I do have an amend- agency responsible for bus service at a public $25,000. ment at the desk that I believe will en- airport. (h) BUSES.—Funding under a grant made hance this bill and make it a better (e) TYPES OF GRANTS.— under this section may be used to acquire bill. So many of us who represent air- (1) IN GENERAL.—Grants under this section only new airport buses— ports know the economic benefits air- may be for the purposes described in para- (1) with a gross vehicle weight of greater ports bring to our communities, but we graph (2), paragraph (3), or both. than 14,000 pounds; (2) REPLACEMENT BUS GRANTS.—A grant (2) that are powered by a heavy duty en- also, unfortunately, know the environ- under this section may be used for the acqui- gine; mental damage that airports can cause sition of replacement buses pursuant to sub- (3) that emit not more than— the surrounding communities. While section (f). (A) for buses manufactured in model years everyone thinks it is the airplanes (3) FLEET EXPANSION BUS GRANTS.—A grant 2001 and 2002, 2.5 grams per brake horse- themselves which bring elevated levels under this section may be used for the acqui- power-hour of nonmethane hydrocarbons and of pollution and ill health effects to sition of not more than 10 buses to expand a oxides of nitrogen and .01 grams per brake surrounding communities, studies have fleet of airport buses at any single airport. horsepower-hour of particulate matter; and shown that the more pressing concern (f) REPLACEMENT BUS GRANTS.— (B) for buses manufactured in model years (1) REPLACEMENT.—For each bus acquired 2003 through 2006, 1.8 grams per brake horse- is the emissions of shuttle buses, pri- under a replacement bus grant, 1 older model power-hour of nonmethane hydrocarbons and vate cars and taxis, tarmac equipment year bus shall be retired from active service oxides of nitrogen and .01 grams per brake and other vehicles which elevate local and crushed as provided in paragraph (2). horsepower-hour of particulate matter; and pollution levels, causing complaints (2) BUS ACQUISITION.—Buses acquired under (4) that are powered substantially by elec- and health concerns for many of our a replacement bus grant shall be acquired in tricity (including electricity supplied by a constituents. the following order: fuel cell), or by liquefied natural gas, com- A study in 2002 showed the emission (A) First, new buses will replace buses pressed natural gas, liquefied petroleum gas, reduction performance of natural gas manufactured before model year 1977, and hydrogen, propane, or methanol or ethanol the older buses replaced shall be crushed. at no less than 85 percent by volume. transit buses versus conventional die- (B) If all buses manufactured before model (i) DEPLOYMENT AND DISTRIBUTION.—The sel counterparts, that the natural gas year 1977 owned or operated by the grant re- Secretary shall seek to the maximum extent buses had a 53 percent lower oxides of cipient have been replaced, additional new practicable to achieve nationwide deploy- nitrogen, 85 percent lower total partic- buses will replace diesel-powered buses man- ment of natural gas airport buses through ulate matter, and 89 percent lower car- ufactured before model year 1991, which shall the program under this section, and shall en- bon monoxide emissions. In fact, right either— sure a broad geographic distribution of grant here in Washington, D.C., officials de- (i) be crushed; or awards, with a goal of no State receiving (ii) be exchanged by the grant recipient for veloped a plan in 2001 to convert much more than 10 percent of the grant funding of the Washington Metropolitan Area buses manufactured before model year 1977 made available under this section for a fiscal from another bus fleet, with that bus then year. Transit Authority bus fleet from diesel being crushed. (j) DEFINITIONS.—In this section, the fol- to clean natural gas. Exchanges made under subparagraph (B)(ii) lowing definitions apply: My amendment will create a pilot shall be made without profit or other eco- (1) AIRPORT BUS.—The term ‘‘airport bus’’ program that facilitates the use of nat- nomic benefit to the grant recipient. means a bus operated by a public agency to ural gas buses at our Nation’s top 25

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.124 H01PT2 H2028 CONGRESSIONAL RECORD — HOUSE April 1, 2004 busiest airports, New York’s three air- vehicle is owned by the Airport Au- property or passengers to or from a theat- ports, Chicago O’Hare, Los Angeles, At- thority, operated solely on airport rical or television motion picture production lanta, Miami and others that handle property, the funds from passenger fa- site located within a 100 air mile radius of millions of passengers, employees and cility charges can be used to purchase the work reporting location of such operator shall be those in effect under the regulations visitors a day. such vehicles. in effect under such sections on April 27, My amendment would entail buses Where a vehicle is not AIP eligible, 2003. not only shuttling passengers con- FAA would pay for the difference in The CHAIRMAN pro tempore. Pursu- necting to terminals but also buses cost between low emissions and a reg- ant to House Resolution 593, the gen- taking passengers from the airport to ular vehicle. We have addressed this tleman from Alabama (Mr. BACHUS) the public airport parking lots and em- matter already in the appropriate con- and a Member opposed each will con- ployees to and from employee parking text in the FAA reauthorization bill. trol 5 minutes. lots. This would be done by awarding So there is a way of accomplishing it. The Chair recognizes the gentleman grants on a competitive basis for the Under Congestion Mitigation and Air from Alabama (Mr. BACHUS). use of natural gas buses at public air- Quality Improvement, funds are appor- Mr. BACHUS. Mr. Chairman, I yield ports through airport bus replacement tioned to the States to improve their myself 1 minute. and fleet expansion programs. air quality in nonattainment areas. Mr. Chairman, the U.S. motion pic- My amendment makes sure that the The pilot program, unfortunately, does ture and TV industry makes movies priority is given to those public air- not address nonattainment areas with- that are seen around the world. But, ports running the oldest buses. We in States. So just as we opposed taking unfortunately, foreign countries are of- have to get these old polluting buses FAA money off airports, we are in the fering tax incentives to attract that out of service and ensure we can start position of taking CMAQ money and production overseas, and I think most to reduce air pollution. As most of us putting it into airports. So the purpose of us have seen movies lately that were know, natural gas buses are not some- of the gentleman is at cross purposes set here, but filmed in Canada or Mex- thing new. This amendment will help with public policy already in place, and ico. clean up the air around America’s busi- reluctantly we must oppose the amend- This amendment would help stop est airports by improving health and ment. But we will work with the gen- that, and it simply will allow the mo- quality of life at the same time. tleman and find a way that we can ac- tion picture industry, the TV industry, b 1630 complish this purpose. Mr. YOUNG of Alaska. Mr. Chair- to operate under the current Hours of Mr. Chairman, my amendment is sup- man, I yield back the balance of my Service regulations. Not only the mo- ported by the Natural Gas Vehicle Coa- time. tion picture industry and the TV indus- lition, and I encourage all my col- Mr. CROWLEY. Mr. Chairman, I try which asked me to bring this leagues to support this amendment. yield myself such time as I may con- amendment, but the Teamsters Union Mr. Chairman, I reserve the balance sume. have endorsed this amendment. It will of my time. I appreciate the comments of both simply allow those drivers who drive Mr. YOUNG of Alaska. Mr. Chair- gentlemen whom I respect very much out to the location for an hour or 2 man, I rise in opposition to the amend- on those issues. I would say that it is hours, then have 9 hours of rest and ment. not an attempt on my part to take then have 2 hours in the evening to The CHAIRMAN pro tempore (Mr. from Peter to pay Paul or vice versa. I continue those hours of service. They HASTINGS of Washington). The gen- was really trying to find a solution to have an excellent and exemplary safety tleman from Alaska (Mr. YOUNG) is rec- the problem of congested airports and record. ognized for 5 minutes. the pollution that they emit to sur- Mr. OBERSTAR. Mr. Chairman, I rise Mr. YOUNG of Alaska. Mr. Chair- rounding communities. And I look for- in opposition to the amendment. man, I yield myself such time as I may ward to working with the gentleman The CHAIRMAN pro tempore. The gentleman from Minnesota (Mr. OBER- consume. from Minnesota (Mr. OBERSTAR), rank- Although it is well merited, the Fed- ing member, in the future to further STAR) is recognized for 5 minutes. eral Public Transportation program address this issue. Mr. OBERSTAR. Mr. Chairman, I does not provide programs for airport- Mr. Chairman, I yield back the bal- yield myself 2 minutes. based services. In addition, we under- ance of my time. Mr. Chairman, I rise not only in op- stand that this amendment, according The CHAIRMAN pro tempore. The position to this amendment, but to the to our figures, adds $300 million to the question is on the amendment offered many assaults upon the Federal Motor cost of the bill, and that concerns me a by the gentleman from New York (Mr. Carrier Safety Administration’s hours great deal. CROWLEY). of service rule announced just recently. And, lastly, may I suggest respect- The amendment was rejected. But this one in particular, the FMCSA fully, as important as natural gas is, The CHAIRMAN pro tempore. It is revised the hours of service pursuant to we have some real problems getting now in order to consider amendment legislation that we enacted that moved natural gas to the United States, and No. 17 printed in House Report No. 108– out of our committee, through this we had better start looking at that 456. body, through conference, signed into problem very quickly; and under the law. It has taken years for them to get AMENDMENT NO. 17 OFFERED BY MR. BACHUS energy bill we can do that. We have not this rulemaking after many hours of Mr. BACHUS. Mr. Chairman, I offer passed the energy bill, but it is cru- public discussion, debate, publishing in an amendment. cially important for this Nation to the Federal Register; and now people The Chairman pro tempore. The have a new supply of natural gas. who are unhappy with the outcome are Clerk will designate the amendment. Mr. OBERSTAR. Mr. Chairman, will coming to the Congress to overturn a The text of the amendment is as fol- the gentleman yield? rulemaking. They have another proce- lows: Mr. YOUNG of Alaska. I yield to the dure to do that. We should not by law gentleman from Minnesota. Amendment No. 17 offered by Mr. BACHUS: go in and just be a congressional After section 4131, insert the following (and Mr. OBERSTAR. Mr. Chairman, I redesignate the subsequent section of sub- wrecking crew for safety. thank the chairman for yielding. title A of title IV, and conform the table of Major change in the rules was to I too support the spirit of the gentle- contents, accordingly): lengthen the required rest time after a man’s amendment, but not the lan- SEC. 4132. HOURS OF SERVICE RULES FOR OPER- long day on duty from 8 hours to 10 guage and not the approach and cer- ATORS PROVIDING TRANSPOR- hours. An 8-hour rest is not enough. tainly not the additional cost without TATION TO MOVIE PRODUCTION They barely get time to get home from offsets. I do want to point out that SITES. their job, maybe get a shower, have Notwithstanding sections 31136 and 31502 of under FAA’s Airport Improvement Pro- title 49, United States Code, and any other something to eat, go to bed, and then gram and with the use of passenger fa- provision of law, the maximum daily hours they are going to be on duty again. A cility charges, airports can accomplish of service for an operator of a commercial 10-hour off-duty period allows a driver this purpose. In fact, provided that the motor vehicle providing transportation of reasonable time to get home, be with

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.125 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2029 family, have dinner or lunch or what- tries. As my friend from Alabama just STUDIO TRANSPORTATION DRIVERS, ever his shift allows, and then get that said and gentlewoman from California TEAMSTERS LOCAL UNION NO. 399, 7 to 8 hours of sleep. mentioned, it is a good amendment. North Hollywood, CA, July 16, 2003. I have heard this said many times, Re: support for exemption from new hours of The Teamsters support this amend- service regulations. including the President of the Motion ment. I support this amendment. I urge Picture Association say they start at Hon. ERNEST ISTOOK, Jr., my colleagues to do likewise. Chairman, seven o’clock and they may finish at Mr. BACHUS. Mr. Chairman, I yield 1 Hon. JOHN W. OLVER, eight or nine o’clock at night, and they minute to the gentleman from Florida Ranking Member, are not doing anything all this time. I House Appropriations Subcommittee on Trans- (Mr. FOLEY) in support of this amend- say those who only stand and wait also portation, Treasury, and Independent serve. ment. Agencies, Washington, DC. Mr. Chairman, I reserve the balance Mr. FOLEY. Mr. Chairman, I appre- GENTLEMEN: I understand that your com- of my time. ciate what the ranking member and mittee is considering amendments that Mr. BACHUS. Mr. Chairman, I yield 1 the chairman are trying to do relative would provide relief to certain industries from aspects of the new hours of service minute to the gentlewoman from Cali- to truck safety, but this is a very (‘‘HOS’’) regulations published by the Fed- fornia (Mrs. TAUSCHER). unique issue. As chairman of the House eral Motor Carrier Safety Administration. Mrs. TAUSCHER. Mr. Chairman, I Entertainment Task Force, we have On behalf of the Studio Transportation Driv- thank the gentleman for yielding me been working consistently to try to ers of the International Brotherhood of this time. keep jobs in America. We are talking Teamsters, Local 399, I wish to express our Mr. Chairman, I rise in strong sup- about jobs not only about movie stars, support for a proposal to permit commercial port of the Bachus-Tauscher amend- drivers to continue to comply with current but for the grips, the caterers, the pro- HOS regulations concerning daily, on-duty ment to clarify the hours of service duction folks. This is a totally dif- rule for drivers in the motion picture time when operating to and from a motion ferent issue. picture or television production site located and television industry. The truck arrives on the set of a pro- within a 100 air-mile radius of their work re- This industry is vital to California porting location. and the Nation, and these new rules in- duction in the morning, having driven Existing HOS duty time regulations are advertently impact their business maybe 50, 75 miles, and remains on the better suited to the unique schedules of stu- model and encourage offshore produc- set for the remainder of the day before dio transportation drivers than th new regu- tion. The Teamsters strongly support it moves back to its location. This is lations that will take effect January 4, 2004. this amendment because it will save not long-haul shipping. Drivers assigned to productions drive only a few hours each day; these are short haul as- jobs for their members who contribute Mr. Chairman, we have had enough signments. These drivers have had an excel- so much to our economy. runaway productions leaving to Canada lent safety record, and their schedules meet I have tremendous respect for the and other locales. This is one more im- the current HOS limitation. To comply with ranking member of the committee and pediment to keeping film production in the new regulations, the industry will not be chairman of the committee, but the the United States. It is a jobs oppor- able to use the same drivers for an entire facts are that the rulemaking is about tunity provision. The gentleman from production day. Thus, each driver will re- ceive significantly less compensation than long-haul drivers, drivers who are driv- Alabama (Mr. BACHUS), the gentle- ing many consecutive, consistent under the current system. Given our excel- woman from California (Ms. lent safety record, and that new HOS regula- hours. This is not the situation here. TAUSCHER), and the gentleman from tions largely were designed to address the fa- This industry and the Teamsters have North Carolina (Mr. COBLE), I appre- tigue of long-haul drivers, application of new an unblemished record. They have a ciate their sentiments on this. So, duty-time limits to our drivers will increase tremendous safety record. They are not please, as we get ready to vote for this operating costs without a corresponding driving for long hours. They are actu- safety benefit. amendment, this is not contrary nor ally driving for less than 100 miles, I hope that you will support retaining cur- trying to be argumentative with our waiting until the production is done, rent hours of service regulations for studio great chairman and ranking member and then driving back. transportation drivers. Sincerely, We are all for safety, but we also on safety. We all join in the safety of our streets and highways. But we have LEO T. REED, want to keep jobs in this country. This Secretary-Treasurer/Principal Officer. is vital to California. I urge my col- to be very careful and make this unique distinction to protect jobs. Mr. Chairman, I reserve the balance leagues to support the Bachus- of my time. Tauscher amendment. Mr. BACHUS. Mr. Chairman, I yield Mr. OBERSTAR. Mr. Chairman, I Mr. OBERSTAR. Mr. Chairman, I re- myself 1 minute. yield 1 minute to the gentleman from serve the balance of my time. Mr. Chairman, I would like to include Illinois (Mr. LIPINSKI). Mr. BACHUS. Mr. Chairman, I yield 1 in the RECORD a letter from the Team- Mr. LIPINSKI. Mr. Chairman, I minute to the gentleman from North sters in support of this amendment, thank the gentleman for yielding me Carolina (Mr. COBLE), who is one of 38 and these are the very drivers that are this time. Committee on Transportation and In- driving these trucks. And as the gen- There are at least three other, and frastructure members who have signed tleman from Florida said, these drivers perhaps four other, industries in this a letter in support of this amendment. drive and our amendment limits them country that have come to me asking Mr. COBLE. Mr. Chairman, I thank for an exemption from this hours of the gentleman for yielding me this to 100 miles. They drive out in the morning. They drive back at night, and service rule, and we have looked at it time. very closely, and we feel very strongly Mr. Chairman, this is a good amend- that is their responsibility, and they do have 9 hours of rest. This does not in- that these exemptions should not be ment. Outside of industry centers such granted. clude overnight. They go with the film as New York and California, North I am a long-time supporter of the Carolina, my State, leads the country crews. They go with the actresses. Teamsters. I do not think there is an in attracting film and television pro- They go with the actors. They go with issue that has come before this House duction to our State. This hours of the camera people. And they are all out that I have not been on their side, but service amendment would allow the there from sunup to sundown. And the there are some times that we have to motion picture industry to operate Teamsters, if the Members look at the protect people from themselves. Con- under the old hours of service rules letter that I am introducing, they will sequently, I have to strongly oppose under which they have an excellent tell them that they are afraid they will this amendment. safety record, but this will also afford either lose their job because they will Mr. OBERSTAR. Mr. Chairman, I them to keep production costs down. continue to go out of country or they yield myself 1 minute. It is imperative, Mr. Chairman, that will turn these jobs into 2- or 3-hour I thank the gentleman for his state- my State and other States be able to part-time jobs and hire two crews. And ment. compete for this business. Too much of instead of having a good-paying job, If I may have the attention of the it is lost to Canada and other coun- they will have no job. gentleman from Alabama, he has twice

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.128 H01PT2 H2030 CONGRESSIONAL RECORD — HOUSE April 1, 2004 referenced that drivers have 9 hours off The question is on the amendment The Clerk read as follows: during the day. If he would be willing offered by the gentleman from Ala- Modification to Amendment No. 18 offered to limit his amendment to those cases bama (Mr. BACHUS). by Mr. BEREUTER: where they have 9 hours off during the The question was taken; and the On page 1, line 13, after the word ‘‘apply’’ day, I think we could accept that. Chairman pro tempore announced that insert the phrase ‘‘during planting and har- Mr. BACHUS. Mr. Chairman, will the the ayes appeared to have it. vest periods, as determined by each state’’. gentleman yield? Mr. OBERSTAR. Mr. Chairman, I de- The CHAIRMAN pro tempore. Is Mr. OBERSTAR. I yield to the gen- mand a recorded vote, and pending there objection to the modification of- tleman from Alabama. that, I make the point of order that a fered by the gentleman from Nebraska? Mr. BACHUS. Mr. Chairman, as the quorum is not present. There was no objection. gentleman knows, this amendment was The CHAIRMAN pro tempore. Pursu- The CHAIRMAN pro tempore. The first proposed last October and we have ant to clause 6 of rule XVIII, further Chair recognizes the gentleman from tried to work in committee. We tried proceedings on the amendment offered Nebraska (Mr. BEREUTER) for 5 min- to work on this issue. What we are by the gentleman from Alabama (Mr. utes. Mr. BEREUTER. Mr. Chairman, I talking about is we have restricted it BACHUS) will be postponed. to 200 miles: 100 miles in the morning, The point of no quorum is considered yield myself 3 minutes. Mr. Chairman, first, I want to thank 100 miles at night. To me it is almost withdrawn. the leadership of the committee for ac- a joke to say that that would fatigue It is now in order to consider Amend- cepting the perfecting amendment. It these drivers. The very drivers that are ment No. 18 printed in House Report number 108–456. does track the existing regulations. driving, they have been operating This amendment, based upon H.R. under these rules for years and years AMENDMENT NO. 18 OFFERED BY MR. BEREUTER Mr. BEREUTER. Mr. Chairman, I 871, which this Member offered last and years and have an exemplary safe- year, would assure that agriculture ty record. offer an amendment. The CHAIRMAN pro tempore. The transporters would continue, that is b 1645 Clerk will designate the amendment. the important part, would continue to Mr. OBERSTAR. Mr. Speaker, I yield The text of the amendment is as fol- be exempt from hours of service re- myself the balance of my time. lows: quirements when operating within a Mr. Speaker, under the language pro- Amendment No. 18 offered by Mr. BEREU- 100-mile radius of their point of origin vided for us here in this amendment, a TER: during the very busy and at times driver could start work at 8 o’clock in At the end of title IV, add the following short, weather-restrained planting and the morning, work until midnight with (and conform the table of contents accord- harvesting seasons of the year. 2 hours off during the day, and be ex- ingly): This is a matter of great importance pected back at work at 8 o’clock the SEC. 4133. OPERATORS OF VEHICLES TRANS- to the transporters of agriculture com- PORTING AGRICULTURAL COMMOD- following morning. I do not think it is ITIES AND FARM SUPPLIES. modities and supplies as well as con- right to put drivers on the road with so (a) AGRICULTURAL EXEMPTION.—Sec. sumers. However, this amendment nar- little rest, so much fatigue and so 345(a)(1) of the National Highway System rows the definition of commodities and great potential for fatalities. Designation Act of 1995 (49 U.S.C. 31136 note; farm supplies, and I think it is appro- Now, the industry argues, well, we 109 Stat. 613) is amended to read as follows: priate. have not had any fatalities. But I have ‘‘(1) TRANSPORTATION OF AGRICULTURAL The business of farming is driven been involved in this fatigue issue in COMMODITIES AND FARM SUPPLIES.—Regula- largely by the weather and the signifi- tions prescribed by the Secretary under sec- cant demands of spring planting and aviation, railroading, maritime and tions 31136 and 31502 of title 49, United States over-the-road truck driving for 25 Code, regarding maximum driving and on- fall harvest, and farmer’s yields and years, and I know that the next fatal- duty time for drivers used by motor carriers the qualities of their crops depend, to a ity is just around the corner from the shall not apply to drivers transporting agri- major extent, on timing. Planting, fer- next weakening of safety regulations. cultural commodities or farm supplies for tilizing, application of crop protection It is inappropriate to make the agricultural purposes in a State if such products and harvest all must be done change in the way in which it is pro- transportation is limited to an area within a at the right time, fitted in and around posed here. This is not the right venue, 100 air mile radius from the source of the the ups and downs of weather. it is not the right approach, it will en- commodities or the distribution point for the During the 1995 National Highway farm supplies.’’. System Designation Act, this Mem- danger worker safety, and we ought to (b) DEFINITIONS.—Section 345(e) of such Act oppose this amendment. of 1995 (109 Stat. 614) is amended by adding at ber’s initiative led to regulations cre- Mr. BOOZMAN. Mr. Chairman, I rise in sup- the end the following: ating the current exemption. This re- port of the Bachus amendment. I understand ‘‘(7) AGRICULTURAL COMMODITY.—The term lief has been threatened by proposed the effects that the new hours of service rule ‘agricultural commodity’ means products changes to hours of service rules. The is having on the trucking industry and I also grown on and harvested from the land during provisions to include this amendment understand the unique operation of the motion the planting and harvesting seasons within are needed to safeguard the continu- each State, as determined by the State. picture drivers. ation of this necessary exemption and ‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR- There are a number of groups who are to provide a clearer definition and a POSES.—The term ‘farm supplies for agricul- seeking a modification to the hours of service tural purposes’ means products directly re- more restricted definition of agri- rule and its for a simple reason—one size lated to the growing or harvesting of agricul- culture commodities and farm supplies. doesn’t fit all. tural commodities during the planting and It is for this reason that I offer the The modifications sought by individual harvesting seasons within each State, as de- amendment today. The legislation is groups are understandable and I do support termined by the State, and livestock feed at supported by 40 cosponsors on a bipar- the motion picture industry’s efforts. However, any time of the year.’’. tisan basis. The chairman and the I also want to mention that I am also a strong The CHAIRMAN pro tempore. Pursu- ranking member of the committee supporter of taking a broader approach to as- ant to House Resolution 593, the gen- have received letters from about 35 or- sist all drivers, including short-haul operators tleman from Nebraska (Mr. BEREUTER) ganizations supporting the amend- in dealing with the new rule. and a Member opposed will be recog- ment. Options such as providing another 16-hour nized for 5 minutes each. I ask for its approval. day to the short-haul drivers and providing all The Chair recognizes the gentleman Mr. OBERSTAR. Mr. Chairman, will drivers with a defined two-hour rest period are from Nebraska (Mr. BEREUTER). the gentleman yield? viable options. I plan to continue working on MODIFICATION TO AMENDMENT NO. 18 OFFERED Mr. BEREUTER. I yield to the gen- this issue because there are several matters BY MR. BEREUTER tleman from Minnesota. that deserve consideration. Mr. BEREUTER. Mr. Chairman, I ask Mr. OBERSTAR. Mr. Chairman, I Again, I support the Bereuter amendment unanimous consent that the amend- will not have to claim time in opposi- and I thank the gentleman for yielding. ment be modified in the form at the tion. The unanimous consent request The CHAIRMAN pro tempore (Mr. desk. includes restoring the language ‘‘dur- HASTINGS of Washington). All time has The CHAIRMAN pro tempore. The ing planting and harvest periods as de- expired. Clerk will report the modification. termined by each State’’ is restoration

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.130 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2031 of current law and is not an expansion drivers with a defined 2-hour rest period are Bishop (NY) Gillmor McNulty Blackburn Gonzalez Meehan thereof. viable options. I plan to continue working on Blumenauer Goode Meek (FL) Mr. BEREUTER. Mr. Chairman, that this issue because there are several matters Blunt Goodlatte Meeks (NY) is correct. that deserve consideration. Boehlert Gordon Menendez Mr. OBERSTAR. With that under- Again, I support the Bereuter amendment Bonilla Goss Mica Bonner Granger Michaud standing, we can accept the amend- and I thank the gentleman for yielding. Bono Graves Millender- ment on this side. Mr. Chairman, I yield back the bal- Boozman Green (TX) McDonald Mr. BEREUTER. Mr. Chairman, re- ance of my time. Boswell Green (WI) Miller (MI) claiming my time, I thank the gen- Boucher Greenwood Miller (NC) The CHAIRMAN pro tempore. The Boyd Grijalva Miller, Gary tleman very much. question is on the amendment, as Brady (PA) Gutierrez Miller, George Mr. Chairman, I yield such time as he modified, offered by the gentleman Brown (OH) Hall Mollohan may consume to the cosponsor of the from Nebraska (Mr. BEREUTER). Brown (SC) Hart Moore Brown, Corrine Hastings (FL) Moran (KS) legislation, the distinguished gen- The amendment, as modified, was Brown-Waite, Hayes Moran (VA) tleman from (Mr. STENHOLM). agreed to. Ginny Hefley Murphy Burgess Herger Murtha Mr. STENHOLM. Mr. Chairman, I SEQUENTIAL VOTES POSTPONED IN COMMITTEE thank my friend from Nebraska for Burns Hill Nadler OF THE WHOLE Burr Hinchey Napolitano yielding me time. I also thank the The CHAIRMAN pro tempore. Pursu- Burton (IN) Hinojosa Neal (MA) ranking member for his acceptance of ant to clause 6 of rule XVIII, pro- Buyer Hobson Nethercutt this amendment and also the chairman ceedings will now resume on those Calvert Hoeffel Neugebauer of the committee. Camp Hoekstra Ney amendments on which further pro- Cannon Holden Northup Mr. Chairman, this is a very impor- ceedings were postponed in the fol- Capito Holt Nunes tant amendment for agriculture, the lowing order: Amendment No. 3 offered Capps Honda Nussle agriculture exemption for truck driv- Capuano Hooley (OR) Oberstar by Mr. FLAKE of Arizona, Amendment Cardin Hostettler Obey ers. Without this exemption, drivers No. 4 offered by Ms. JACKSON-LEE of Cardoza Houghton Olver employed by agriculture retailers and Texas, Amendment No. 9 offered by Mr. Carson (IN) Hoyer Ortiz Carson (OK) Hyde Osborne farmers during the busy planting and CHOCOLA of Indiana and Amendment growing season would have to comply Case Inslee Ose No. 17 offered by Mr. BACHUS of Ala- Castle Israel Owens with the same stringent rules that bama. Chandler Issa Oxley apply to long-haul drivers. The first electronic vote will be con- Chocola Istook Pallone U.S. agriculture depends heavily on Clay Jackson (IL) Pascrell ducted as a 15-minute vote. The re- Clyburn Jackson-Lee Pastor this limited relief. We have a great op- maining electronic votes will be con- Coble (TX) Payne portunity with this amendment to de- ducted as 5-minute votes. Cole Jefferson Pearce velop a uniform set of regulations that Conyers Jenkins Pelosi AMENDMENT NO. 3 OFFERED BY MR. FLAKE haulers of agriculture commodities Cooper John Peterson (MN) Costello Johnson (CT) Peterson (PA) will use. The CHAIRMAN pro tempore. The pending business is the demand for a Cramer Johnson (IL) Petri Mr. BEREUTER. Mr. Chairman, I Crane Johnson, E. B. Pickering yield such time as he may consume to recorded vote on Amendment No. 3 of- Crenshaw Johnson, Sam Pitts the gentleman from Alaska (Mr. fered by the gentleman from Arizona Crowley Jones (NC) Platts (Mr. FLAKE) on which further pro- Cubin Jones (OH) Pombo YOUNG), the distinguished chairman of ceedings were postponed and on which Culberson Kanjorski Pomeroy the committee. Cummings Kaptur Porter Mr. YOUNG of Alaska. Mr. Chair- the noes prevailed by voice vote. Cunningham Keller Portman man, I thank the gentleman for yield- The Clerk will redesignate the Davis (AL) Kelly Price (NC) amendment. Davis (CA) Kennedy (RI) Pryce (OH) ing me time and especially thank the Davis (IL) Kildee Quinn gentleman for his perseverance and the The Clerk redesignated the amend- Davis (TN) Kilpatrick Radanovich work he has done, as well as the rank- ment. Davis, Jo Ann Kind Rahall Davis, Tom King (NY) Rangel RECORDED VOTE ing member for accepting the amend- DeFazio Kirk Regula ment to the amendment. The CHAIRMAN pro tempore. A re- DeGette Kleczka Rehberg Mr. Chairman, I think what I have corded vote has been demanded. Delahunt Knollenberg Reyes A recorded vote was ordered. DeLauro Kucinich Reynolds said before is it is a way to have a lit- DeLay LaHood Rodriguez tle logic in this body. I do compliment The vote was taken by electronic de- Deutsch Lampson Rogers (AL) the gentleman for bringing this amend- vice, and there were—ayes 60, noes 367, Diaz-Balart, L. Langevin Rogers (KY) ment to the floor. not voting 6, as follows: Diaz-Balart, M. Lantos Rogers (MI) Dicks Larsen (WA) Ros-Lehtinen Mr. BEREUTER. Mr. Chairman, I [Roll No. 106] Dingell Larson (CT) Ross yield myself such time as I may con- AYES—60 Doggett Latham Rothman Dooley (CA) LaTourette Roybal-Allard sume. Akin Gingrey Norwood Doolittle Leach Ruppersberger Barrett (SC) Gutknecht Otter Mr. Chairman, I thank the gentleman Doyle Lee Ryan (OH) Bartlett (MD) Harman Paul for his support and appreciate the as- Dreier Levin Ryan (WI) Bass Harris Pence Duncan Lewis (CA) Ryun (KS) sistance of the staff on both sides of Bishop (UT) Hastings (WA) Putnam Dunn Lewis (GA) Sabo the aisle as we moved in this direction. Boehner Hayworth Ramstad Edwards Lewis (KY) Sa´ nchez, Linda Bradley (NH) Hensarling Renzi Mr. BOOZMAN. Mr. Chairman, I rise in sup- Ehlers Lipinski T. Brady (TX) Hunter Rohrabacher port of the Bereuter amendment. I understand Emanuel LoBiondo Sanchez, Loretta Cantor Isakson Royce Emerson Lowey Sanders the effects that the new hours of service rule Carter Kennedy (MN) Rush Engel Lucas (KY) Sandlin Chabot King (IA) Sensenbrenner is having on the trucking industry and I also English Lucas (OK) Saxton Collins Kingston Shadegg understand the unique operation of the drivers Eshoo Lynch Schakowsky Cox Kline Simpson Etheridge Maloney Schiff of agriculture commodities. Davis (FL) Kolbe Smith (MI) Evans Manzullo Schrock There are a number of groups who are Deal (GA) Linder Stearns Farr Markey Scott (GA) Everett Lofgren Sullivan seeking a modification to the hours of service Fattah Marshall Scott (VA) Feeney Majette Tancredo rule and it’s for a simple reason—one size Ferguson Matheson Serrano Flake Miller (FL) Thornberry Filner Matsui Sessions doesn’t fit all. Franks (AZ) Musgrave Weldon (FL) Foley McCarthy (MO) Shaw The modifications sought by individual Garrett (NJ) Myrick Wilson (SC) Forbes McCarthy (NY) Shays groups are understandable and I do support NOES—367 Ford McCollum Sherman the agriculture modification. However, I also Fossella McCotter Sherwood want to mention that I am also a strong sup- Abercrombie Baird Bell Frank (MA) McCrery Shimkus Ackerman Baker Bereuter Frelinghuysen McDermott Shuster porter of taking a broader approach to assist Aderholt Baldwin Berkley Frost McGovern Simmons all drivers, including short-haul operators, in Alexander Ballance Berman Gallegly McHugh Skelton dealing with the new rule. Allen Ballenger Berry Gerlach McInnis Slaughter Andrews Barton (TX) Biggert Options such as providing another 16-hour Gibbons McIntyre Smith (NJ) Baca Beauprez Bilirakis Gilchrest McKeon Smith (TX) day to the short-haul drivers and providing all Bachus Becerra Bishop (GA)

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.134 H01PT2 H2032 CONGRESSIONAL RECORD — HOUSE April 1, 2004 Smith (WA) Tiahrt Waters Jackson-Lee Pitts Turner (TX) Owens Royce Sullivan Snyder Tiberi Watson (TX) Sandlin Udall (CO) Oxley Ruppersberger Sweeney Solis Tierney Watt Johnson, E. B. Scott (VA) Vitter Pallone Rush Tancredo Souder Toomey Weiner Johnson, Sam Sessions Walden (OR) Pascrell Ryan (OH) Tauscher Spratt Towns Weldon (PA) Lampson Shadegg Watson Pastor Ryan (WI) Taylor (MS) Stark Turner (OH) Weller Neugebauer Stearns Weldon (FL) Payne Ryun (KS) Taylor (NC) Stenholm Turner (TX) Wexler Otter Stenholm Wynn Pearce Sabo Terry ´ Strickland Udall (CO) Whitfield Paul Thornberry Pelosi Sanchez, Linda Thomas Stupak Udall (NM) Peterson (MN) T. Wicker Pence Toomey Thompson (CA) Sweeney Upton Peterson (PA) Sanchez, Loretta Wilson (NM) Thompson (MS) Tauscher Van Hollen Petri Sanders Wolf NOES—376 Tiahrt Taylor (MS) Vela´ zquez Pickering Saxton Taylor (NC) Visclosky Woolsey Abercrombie DeLauro Kennedy (RI) Platts Schakowsky Tiberi Terry Vitter Wu Ackerman Deutsch Kildee Pombo Schiff Tierney Thomas Walden (OR) Wynn Aderholt Diaz-Balart, L. Kilpatrick Pomeroy Schrock Towns Thompson (CA) Walsh Young (AK) Akin Diaz-Balart, M. Kind Porter Scott (GA) Turner (OH) Thompson (MS) Wamp Young (FL) Alexander Dicks King (IA) Portman Sensenbrenner Udall (NM) Allen Dingell King (NY) Price (NC) Serrano Upton NOT VOTING—6 Andrews Dooley (CA) Kingston Pryce (OH) Shaw Van Hollen Baca Doolittle Kirk DeMint Hulshof Tauzin Putnam Shays Vela´ zquez Bachus Doyle Kleczka Gephardt Tanner Waxman Quinn Sherman Visclosky Baird Dreier Kline Radanovich Sherwood Walsh Baker Duncan Knollenberg ANNOUNCEMENT BY THE CHAIRMAN PRO Rahall Shimkus Wamp Baldwin Dunn Kolbe TEMPORE Ramstad Shuster Waters Ballenger Edwards Kucinich Rangel Simmons The CHAIRMAN pro tempore (Mr. Barrett (SC) Ehlers LaHood Watt Regula Simpson Weiner HASTINGS of Washington) (during the Bartlett (MD) Emanuel Langevin Rehberg Skelton Weldon (PA) vote). Members are advised there are 2 Barton (TX) Emerson Lantos Renzi Slaughter Weller Bass Engel Larsen (WA) Reyes Smith (MI) minutes remaining in this vote. Wexler Beauprez English Larson (CT) Reynolds Smith (NJ) Becerra Eshoo Latham Whitfield b 1718 Rodriguez Smith (TX) Bereuter Etheridge LaTourette Rogers (AL) Smith (WA) Wicker Messrs. STRICKLAND, HASTINGS of Berkley Evans Leach Rogers (KY) Snyder Wilson (NM) Florida, SPRATT, HOYER, ACKER- Berman Everett Lee Rogers (MI) Solis Wilson (SC) Berry Farr Levin Rohrabacher Souder Wolf MAN, and Ms. KILPATRICK, Ms. Biggert Fattah Lewis (CA) Ros-Lehtinen Spratt Woolsey BROWN-WAITE of Florida, and Mrs. Bilirakis Feeney Lewis (GA) Ross Stark Wu JO ANN DAVIS of Virginia changed Bishop (GA) Ferguson Linder Rothman Strickland Young (AK) Bishop (NY) Filner Lipinski Roybal-Allard Stupak Young (FL) their vote from ‘‘aye’’ to ‘‘no.’’ Bishop (UT) Forbes LoBiondo Messrs. SIMPSON, ROHRABACHER, Blackburn Ford Lofgren NOT VOTING—7 Blumenauer Frank (MA) Lowey HAYWORTH, COLLINS, and EVERETT DeMint Lewis (KY) Waxman Blunt Franks (AZ) Lucas (KY) Gephardt Tanner changed their vote from ‘‘no’’ to ‘‘aye.’’ Boehlert Frelinghuysen Lucas (OK) Hulshof Tauzin So the amendment was rejected. Boehner Gallegly Lynch The result of the vote was announced Bonner Garrett (NJ) Majette ANNOUNCEMENT BY THE CHAIRMAN PRO as above recorded. Bono Gerlach Maloney TEMPORE Boozman Gibbons Manzullo Boswell Gilchrest Markey The CHAIRMAN pro tempore (during b 1720 Boucher Gillmor Marshall the vote). Members are advised there ANNOUNCEMENT BY THE CHAIRMAN PRO Boyd Gingrey Matheson are 2 minutes remaining in this vote. Bradley (NH) Goode Matsui TEMPORE Brady (PA) Goodlatte McCarthy (MO) b 1726 The CHAIRMAN pro tempore (Mr. Brown (OH) Gordon McCarthy (NY) HASTINGS of Washington). Pursuant to Brown (SC) Goss McCollum Ms. MAJETTE changed her vote from clause 6 of rule XVIII, the remaining Brown, Corrine Graves McCotter ‘‘aye’’ to ‘‘no.’’ Brown-Waite, Green (WI) McCrery votes of this series will be conducted as Ginny Greenwood McDermott Messrs. DOGGETT, SHADEGG, 5-minute votes. Burns Grijalva McGovern OTTER, and FROST changed their vote Burr Gutierrez McHugh AMENDMENT NO. 4 OFFERED BY MS. JACKSON- from ‘‘no’’ to ‘‘aye.’’ Burton (IN) Gutknecht McInnis LEE OF TEXAS Buyer Harman McIntyre So the amendment was rejected. The CHAIRMAN pro tempore. The Calvert Harris McKeon The result of the vote was announced pending business is the demand for a Camp Hart McNulty as above recorded. Cannon Hastings (WA) Meehan recorded vote on the amendment of- Cantor Hayes Meek (FL) AMENDMENT NO. 9 OFFERED BY MR. CHOCOLA fered by the gentlewoman from Texas Capito Hayworth Meeks (NY) The CHAIRMAN pro tempore. The (Ms. JACKSON-LEE) on which further Capps Hefley Menendez pending business is the demand for a proceedings were postponed and on Capuano Herger Mica Cardin Hill Michaud recorded vote on the amendment of- which the noes prevailed by voice vote. Cardoza Hinchey Millender- fered by the gentleman from Indiana The Clerk will redesignate the Carson (OK) Hobson McDonald (Mr. CHOCOLA) on which further pro- amendment. Case Hoeffel Miller (FL) ceedings were postponed and on which Castle Hoekstra Miller (MI) The Clerk redesignated the amend- Chabot Holden Miller (NC) the noes prevailed by voice vote. ment. Chandler Holt Miller, Gary The Clerk will redesignate the RECORDED VOTE Chocola Honda Miller, George amendment. Clay Hooley (OR) Mollohan The CHAIRMAN pro tempore. A re- Clyburn Hostettler Moore The Clerk redesignated the amend- corded vote has been demanded. Coble Houghton Moran (KS) ment. A recorded vote was ordered. Cole Hoyer Moran (VA) RECORDED VOTE Collins Hunter Murphy The CHAIRMAN pro tempore. This Cooper Hyde Murtha The CHAIRMAN pro tempore. A re- will be a 5-minute vote. Costello Inslee Musgrave corded vote has been demanded. The vote was taken by electronic de- Cox Isakson Myrick A recorded vote was ordered. vice, and there were—ayes 50, noes 376, Cramer Israel Nadler Crane Issa Napolitano The CHAIRMAN pro tempore. This not voting 7, as follows: Crenshaw Istook Neal (MA) will be a 5-minute vote. [Roll No. 107] Crowley Jefferson Nethercutt The vote was taken by electronic de- Cubin Jenkins Ney vice, and there were—ayes 198, noes 228, AYES—50 Cunningham John Northup Ballance Cummings Gonzalez Davis (CA) Johnson (CT) Norwood not voting 7, as follows: Bell Davis (AL) Granger Davis (FL) Johnson (IL) Nunes [Roll No. 108] Bonilla Davis, Tom Davis (IL) Jones (NC) Nussle Green (TX) AYES—198 Brady (TX) DeLay Hall Davis (TN) Jones (OH) Oberstar Burgess Doggett Hastings (FL) Davis, Jo Ann Kanjorski Obey Aderholt Bartlett (MD) Biggert Carson (IN) Flake Hensarling Deal (GA) Kaptur Olver Akin Barton (TX) Bishop (UT) Carter Foley Hinojosa DeFazio Keller Ortiz Bachus Bass Blunt Conyers Fossella Jackson (IL) DeGette Kelly Osborne Baird Beauprez Boehlert Culberson Frost Delahunt Kennedy (MN) Ose Barrett (SC) Bereuter Boehner

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AP7.121 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2033 Bonilla Harris Pearce Jones (OH) Miller, George Schakowsky [Roll No. 109] Bonner Hart Kanjorski Mollohan Schiff Pence AYES—365 Bono Hastings (WA) Peterson (PA) Kaptur Moore Schrock Boyd Hayes Pickering Kennedy (RI) Moran (VA) Scott (GA) Abercrombie Duncan Larson (CT) Bradley (NH) Hayworth Pitts Kildee Murphy Scott (VA) Ackerman Dunn Latham Brady (TX) Hefley Pombo Kilpatrick Murtha Serrano Aderholt Edwards LaTourette Brown (SC) Hensarling Porter Kind Nadler Shays Akin Ehlers Leach Brown-Waite, Herger Portman Kleczka Napolitano Sherman Allen Emanuel Lee Ginny Hill Pryce (OH) Kucinich Neal (MA) Sherwood Baca Emerson Lewis (CA) Burns Hobson Putnam Lampson Oberstar Simmons Bachus Engel Lewis (GA) Langevin Baird English Burr Hoekstra Quinn Obey Simpson Lewis (KY) Lantos Olver Skelton Baker Eshoo Linder Burton (IN) Hostettler Ramstad Buyer Hunter Larsen (WA) Ortiz Slaughter Baldwin Etheridge LoBiondo Rangel Calvert Isakson Larson (CT) Osborne Snyder Ballance Evans Lofgren Regula Cannon Issa Lee Owens Solis Ballenger Everett Lowey Rehberg Cantor John Levin Pallone Stark Barrett (SC) Farr Lucas (KY) Capito Johnson (CT) Renzi Lewis (GA) Pascrell Strickland Bartlett (MD) Fattah Lucas (OK) Cardoza Jones (NC) Reynolds Lipinski Pastor Stupak Barton (TX) Feeney Lynch Carson (IN) Keller Rogers (AL) Lofgren Payne Tauscher Bass Ferguson Majette Carter Kelly Rogers (KY) Lowey Pelosi Taylor (MS) Beauprez Flake Maloney Chabot Kennedy (MN) Rohrabacher Lucas (KY) Peterson (MN) Taylor (NC) Becerra Foley Manzullo Chocola King (IA) Ros-Lehtinen Lynch Petri Thomas Bell Forbes Marshall Coble King (NY) Royce Maloney Platts Thompson (CA) Bereuter Ford Matheson Cole Kingston Ryan (WI) Markey Pomeroy Thompson (MS) Berkley Fossella Matsui Collins Kirk Ryun (KS) Matheson Price (NC) Tierney Berman Franks (AZ) McCarthy (MO) Cox Kline Saxton Matsui Radanovich Towns Biggert Frelinghuysen McCarthy (NY) Cramer Knollenberg Sensenbrenner McCarthy (MO) Rahall Udall (CO) Bilirakis Frost McCotter Crane Kolbe Sessions McCarthy (NY) Reyes Udall (NM) Bishop (GA) Gallegly McCrery Crenshaw LaHood Shadegg McCollum Rodriguez Van Hollen Bishop (NY) Garrett (NJ) McDermott Culberson Latham Shaw McDermott Rogers (MI) Vela´ zquez Bishop (UT) Gerlach McGovern Cunningham LaTourette Shimkus McGovern Ross Wamp Blackburn Gibbons McHugh Davis, Jo Ann Leach Shuster McIntyre Rothman Waters Blumenauer Gilchrest McInnis Deal (GA) Lewis (CA) Smith (MI) McKeon Roybal-Allard Watson Blunt Gillmor McIntyre DeLay Lewis (KY) Smith (NJ) McNulty Ruppersberger Watt Boehlert Gingrey McKeon Diaz-Balart, L. Linder Smith (TX) Meehan Rush Weiner Boehner Goode McNulty Diaz-Balart, M. LoBiondo Smith (WA) Meek (FL) Ryan (OH) Weldon (FL) Bonner Goodlatte Meehan Doolittle Lucas (OK) Souder Meeks (NY) Sabo Wexler Bono Gordon Meek (FL) ´ Dreier Majette Spratt Menendez Sanchez, Linda Wolf Boozman Goss Meeks (NY) Michaud Boswell Granger Dunn Manzullo Stearns T. Woolsey Menendez Millender- Sanchez, Loretta Wu Boucher Graves Mica Ehlers Marshall Stenholm Feeney McCotter McDonald Sanders Wynn Boyd Green (TX) Michaud Sullivan Ferguson McCrery Miller (NC) Sandlin Young (FL) Bradley (NH) Green (WI) Millender- Sweeney Flake McHugh Brady (PA) Greenwood McDonald Tancredo Forbes McInnis NOT VOTING—7 Brady (TX) Grijalva Miller (FL) Terry Fossella Mica Brown (OH) Gutknecht Miller (MI) Thornberry DeMint Tanner Young (AK) Franks (AZ) Miller (FL) Brown (SC) Hall Miller (NC) Tiahrt Gephardt Tauzin Gallegly Miller (MI) Hulshof Waxman Brown, Corrine Harman Miller, Gary Garrett (NJ) Miller, Gary Tiberi Brown-Waite, Harris Miller, George Toomey Gerlach Moran (KS) ANNOUNCEMENT BY THE CHAIRMAN PRO Ginny Hart Moore Turner (OH) Burgess Hastings (WA) Moran (KS) Gibbons Musgrave TEMPORE Gilchrest Myrick Turner (TX) Burns Hayes Moran (VA) Gingrey Nethercutt Upton The CHAIRMAN pro tempore (during Burr Hayworth Murphy Goode Neugebauer Visclosky the vote). Members are advised there Burton (IN) Hefley Murtha Goodlatte Ney Vitter Buyer Hensarling Musgrave Gordon Northup Walden (OR) are 2 minutes remaining in this vote. Calvert Herger Myrick Goss Norwood Walsh Camp Hill Nadler Granger Nunes Weldon (PA) b 1736 Cannon Hinchey Napolitano Graves Nussle Weller Cantor Hinojosa Neal (MA) Green (WI) Ose Whitfield Ms. DeGETTE changed her vote from Capito Hobson Nethercutt Greenwood Otter Wicker Capps Hoeffel Neugebauer Gutknecht Oxley Wilson (NM) ‘‘aye’’ to ‘‘no.’’ Cardin Hoekstra Ney Hall Paul Wilson (SC) Messrs. SMITH of Texas, OTTER, Cardoza Holden Northup McINNIS and FORBES changed their Carson (IN) Honda Norwood NOES—228 Carson (OK) Hooley (OR) Nunes vote from ‘‘no’’ to ‘‘aye.’’ Castle Houghton Nussle Abercrombie Clay Fattah So the amendment was rejected. Chabot Hoyer Olver Ackerman Clyburn Filner Chandler Hunter Osborne Alexander Conyers Foley The result of the vote was announced Chocola Hyde Ose Allen Cooper Ford as above recorded. Clay Isakson Otter Andrews Costello Frank (MA) Clyburn Israel Oxley Baca Crowley Frelinghuysen AMENDMENT NO. 17 OFFERED BY MR. BACHUS Coble Issa Pascrell Baker Cubin Frost The CHAIRMAN pro tempore (Mr. Cole Istook Pastor Baldwin Cummings Gillmor Cooper Jackson-Lee Paul Ballance Davis (AL) Gonzalez HASTINGS of Washington). The pending Cox (TX) Payne Ballenger Davis (CA) Green (TX) business is the demand for a recorded Cramer Jefferson Pearce Becerra Davis (FL) Grijalva vote on the amendment offered by the Crane Jenkins Pelosi Bell Davis (IL) Gutierrez gentleman from Alabama (Mr. BACHUS) Crenshaw John Pence Berkley Davis (TN) Harman Cubin Johnson (CT) Peterson (MN) Berman Davis, Tom Hastings (FL) on which further proceedings were Culberson Johnson (IL) Peterson (PA) Berry DeFazio Hinchey postponed and on which the ayes pre- Cummings Johnson, E. B. Pickering Bilirakis DeGette Hinojosa vailed by voice vote. Cunningham Jones (NC) Pitts Bishop (GA) Delahunt Hoeffel Davis (AL) Jones (OH) Platts Bishop (NY) DeLauro Holden The Clerk will redesignate the Davis (CA) Kanjorski Pombo Blackburn Deutsch Holt amendment. Davis (FL) Kaptur Pomeroy Blumenauer Dicks Honda Davis (IL) Keller Porter Boozman Dingell Hooley (OR) The Clerk redesignated the amend- Davis (TN) Kelly Portman Boswell Doggett Houghton ment. Davis, Tom Kennedy (MN) Price (NC) Boucher Dooley (CA) Hoyer Deal (GA) Kind Pryce (OH) RECORDED VOTE Brady (PA) Doyle Hyde DeGette King (IA) Putnam Brown (OH) Duncan Inslee The CHAIRMAN pro tempore. A re- DeLauro King (NY) Quinn Brown, Corrine Edwards Israel corded vote has been demanded. DeLay Kingston Ramstad Burgess Emanuel Istook Deutsch Kirk Rangel Camp Emerson Jackson (IL) A recorded vote was ordered. Diaz-Balart, L. Kline Regula Capps Engel Jackson-Lee The CHAIRMAN pro tempore. This Diaz-Balart, M. Knollenberg Rehberg Capuano English (TX) Doggett Kolbe Renzi Cardin Eshoo Jefferson will be a 5-minute vote. Dooley (CA) LaHood Reyes Carson (OK) Etheridge Jenkins The vote was taken by electronic de- Doolittle Lampson Reynolds Case Evans Johnson (IL) vice, and there were—ayes 365, noes 62, Doyle Lantos Rodriguez Castle Everett Johnson, E. B. Dreier Larsen (WA) Rogers (AL) Chandler Farr Johnson, Sam not voting 6, as follows:

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AP7.114 H01PT2 H2034 CONGRESSIONAL RECORD — HOUSE April 1, 2004 Rogers (KY) Shays Tiberi PERMISSION FOR COMMITTEE ON amended by striking ‘‘Interstate Route 95’’ Rogers (MI) Sherman Toomey SCIENCE TO HAVE UNTIL 5:00 and inserting ‘‘Interstate Routes 89, 93, and Rohrabacher Shimkus Towns 95’’. Ros-Lehtinen Shuster Turner (OH) P.M., WEDNESDAY, APRIL 14, 2004, Ross Simmons Turner (TX) TO FILE LEGISLATIVE REPORTS (b)(1) IN GENERAL.—In consultation with Rothman Simpson Udall (CO) ON H.R. 3970 AND H.R. 4030 the Secretary of Transportation, the State of Roybal-Allard Slaughter Udall (NM) New Hampshire shall conduct a study ana- Royce Smith (MI) Upton Mr. BOEHLERT. Mr. Speaker, I ask lyzing the economic, safety, and infrastruc- Ruppersberger Smith (NJ) Van Hollen unanimous consent that the Com- ture impacts of the exemption provided by ´ Rush Smith (TX) Velazquez mittee on Science have until Wednes- the amendment made by subsection (a), in- Ryan (WI) Smith (WA) Vitter cluding the impact of not having such an ex- Ryun (KS) Solis Walden (OR) day, April 14, 2004, at 5 p.m. to file leg- emption. In preparing the study, the State Sa´ nchez, Linda Souder Wamp islative reports on the following meas- shall provide adequate opportunity for public T. Spratt Waters ures: Sanchez, Loretta Stenholm Watson comment. Sanders Strickland Watt H.R. 3970, Green Chemistry Research (2) FUNDING.—There is authorized to be ap- Sandlin Sullivan Weiner and Development Act of 2004; and propriated from the Highway Trust Fund Saxton Sweeney Weldon (PA) H.R. 4030, Congressional Medal for (other than the Mass Transit Account) Schakowsky Tancredo Weller $250,000 for fiscal year 2004 to carry out the Schiff Tauscher Wexler Outstanding Contributions in Math and Schrock Taylor (MS) Whitfield Science Education Act of 2004. study. Scott (GA) Taylor (NC) Wicker The SPEAKER pro tempore. Is there (3) APPLICABILITY OF TITLE 23, UNITED Sensenbrenner Terry Wilson (NM) objection to the request of the gen- STATES CODE.—Funds authorized by this sec- Serrano Thomas Wilson (SC) tion shall be available for obligation in the Sessions Thompson (CA) Woolsey tleman from New York? There was no objection. same manner as if such funds were appor- Shadegg Thompson (MS) Wynn tioned under chapter 1 of title 23, United Shaw Tiahrt Young (FL) f States Code; except that such funds shall re- NOES—62 REMOVAL OF NAME OF MEMBER main available until expended. Alexander Holt Petri AS COSPONSOR OF H.R. 898 The CHAIRMAN pro tempore. Pursu- Andrews Hostettler Radanovich Mr. RENZI. Mr. Speaker, I ask unani- ant to House Resolution 593, the gen- Berry Inslee Rahall tleman from New Hampshire (Mr. Bonilla Jackson (IL) Ryan (OH) mous consent to have my name re- BRADLEY) and a Member opposed each Capuano Johnson, Sam Sabo moved as a cosponsor of H.R. 898. Carter Kennedy (RI) Scott (VA) The SPEAKER pro tempore. Is there will control 5 minutes. Case Kildee Sherwood objection to the request of the gen- The Chair recognizes the gentleman Collins Kilpatrick Skelton Conyers Kleczka tleman from Arizona? from New Hampshire (Mr. BRADLEY). Snyder Costello Kucinich Stark There was no objection. Mr. BRADLEY of New Hampshire. Crowley Langevin Mr. Chairman, I yield myself such time Davis, Jo Ann Levin Stearns f Stupak as I may consume. DeFazio Lipinski TRANSPORTATION EQUITY ACT: A Delahunt Markey Thornberry Mr. Chairman, I propose this amend- Tierney LEGACY FOR USERS Dicks McCollum ment for consideration by the Congress Dingell Mollohan Visclosky The SPEAKER pro tempore. Pursu- Filner Oberstar Walsh so that it can strictly apply to the Frank (MA) Obey Weldon (FL) ant to House Resolution 593 and rule State of New Hampshire, raising the Gonzalez Ortiz Wolf XVIII, the Chair declares the House in weight limits on trucks that travel on Gutierrez Owens Wu the Committee of the Whole House on Interstate 89 and Interstate 93. Cur- Hastings (FL) Pallone Young (AK) the State of the Union for the further rently, right now, Mr. Chairman, we NOT VOTING—6 consideration of the bill, H.R. 3550. have trucks avoiding our main high- DeMint Hulshof Tauzin b 1745 ways and driving through some of the Gephardt Tanner Waxman most populated towns in our State in IN THE COMMITTEE OF THE WHOLE order to avoid the weight limit. ANNOUNCEMENT BY THE CHAIRMAN PRO Accordingly, the House resolved Mr. Chairman, when I proposed this TEMPORE itself into the Committee of the Whole amendment to the Committee on House on the State of the Union for the The CHAIRMAN pro tempore (during Rules, I submitted for the record let- further consideration of the bill (H.R. the vote). Members are advised there ters from many public safety people 3550) to authorize funds for Federal-aid are 2 minutes remaining in this vote. throughout our State, including the highways, highway safety programs, Department of Safety, the Department and transit programs, and for other of Transportation, local police chiefs, b 1744 purposes, with Mr. SIMPSON (Chairman as well as town councilors, and others pro tempore) in the chair. supporting this amendment. Mr. RANGEL and Mr. RUSH changed The Clerk read the title of the bill. The reason people in New Hampshire their vote from ‘‘no’’ to ‘‘aye.’’ The CHAIRMAN pro tempore. When support this amendment, Mr. Chair- So the amendment was agreed to. the Committee of the Whole rose ear- man, is that our trucks are riding on lier today, the amendment numbered 17 The result of the vote was announced roads where there is no weight limit up printed in part B of House Report 108– as above recorded. to 99,000 pounds, presenting significant 456, offered by the gentleman from Ala- public safety issues, going by schools Mr. YOUNG of Alaska. Mr. Chair- bama (Mr. BACHUS), had been disposed and other places of assembly. We need man, I move that the Committee do of. to get these trucks on our highways now rise. It is now in order to consider amend- where they are safer and where they ment No. 20 printed in House Report The motion was agreed to. are designed to be operated. 108–456. Mr. Chairman, I reserve the balance Accordingly, the Committee rose; AMENDMENT NO. 20 OFFERED BY MR. BRADLEY and the Speaker pro tempore (Mr. OF NEW HAMPSHIRE of my time. HASTINGS of Washington) having as- Mr. BRADLEY of New Hampshire. Mr. OBERSTAR. Mr. Chairman, I sumed the chair, Mr. SIMPSON, Chair- Mr. Chairman, I offer an amendment. claim the time in opposition, and I man pro tempore of the Committee of The CHAIRMAN pro tempore. The yield myself 1 minute. the Whole House on the State of the Clerk will designate the amendment. Mr. Chairman, Congress, some years ago, granted New Hampshire limited Union, reported that that Committee, The text of the amendment is as fol- exemptions from the Federal truck size having had under consideration the bill lows: and weight limits. We required that the (H.R. 3550) to authorize funds for Fed- Amendment No. 20 offered by Mr. BRADLEY of New Hampshire: State complete the study of the im- eral-aid highways, highway safety pro- Add at the end the following new section: pacts upon the State’s infrastructure, grams, and transit programs, and for SECTION 1. VEHICLE WEIGHT LIMITATIONS. and even allocated $250,000 to under- other purposes, had come to no resolu- (a) The next to the last sentence of section take the study. The State has not com- tion thereon. 127(a) of title 23, United States Code, is pleted its study. DOT, U.S. Federal

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AP7.132 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2035 DOT says that 80,000-pound six-axle would cause substantial bridge damage, Mr. OBERSTAR. Mr. Chairman, I trucks pay only 90 percent of their in- cost the taxpayers money, and threat- would like to inquire of the Chair the frastructure damage through fuel en the safety of motorists, and not just time remaining on both sides. taxes. Six-axle trucks operating 100,000 impacting the people of New Hamp- The CHAIRMAN pro tempore. The pounds pay only 40 percent of their shire but people all across this coun- gentleman from Minnesota (Mr. OBER- costs. try. STAR) has 13⁄4 minutes remaining, and These trucks have a huge adverse im- Let me explain. Operating 99,000- the gentleman from New Hampshire pact on our highways and bridges, espe- pound trucks on New Hampshire’s (Mr. BRADLEY) has 11⁄2 minutes remain- cially our bridge infrastructure. I will interstates would require replacing and ing. return to that subject later. strengthening interstate bridges, at a Mr. OBERSTAR. Mr. Chairman, I re- Mr. Chairman, I reserve the balance huge cost to taxpayers all over this serve the balance of my time. of my time. country. Heavier single tractor trailer The CHAIRMAN pro tempore. The Mr. BRADLEY of New Hampshire. trucks do not pay for all the damage gentleman from Minnesota (Mr. OBER- Mr. Chairman, I yield myself such time they do to roadways. According to the STAR) has the right to close. as I may consume to respond that per- U.S. Department of Transportation, a Mr. BRADLEY of New Hampshire. haps my esteemed colleague is not 100,000-pound six-axle single tractor- Mr. Chairman, I yield myself such time aware of the fact that New Hampshire trailer truck pays only 40 percent. Tax- as I may consume, and in closing I requested this exact type of study to be payers pay the rest. Not just taxpayers would ask the consideration of the done in the last transportation author- in New Hampshire, but all across this body for this request. ization on Route 95, which is the north- country. This applies only to the State of New south route that goes all through New Heavier singles pose numerous safety Hampshire. All of the public safety of- England. When a study was done by the risks. As weights go from 65,000 to ficials in my State are supportive of Maine Department of Transportation, 80,000 pounds, the risk of an accident this change. It is designed to protect while it has not been published, all in- involving a fatality goes up 50 percent. the lives of people in the communities dicators are that there have been no In addition, these superheavy trucks where there are, as I have mentioned safety impacts and negligible costs to will have added braking and steering before, schools, traffic, downtown the infrastructure from raising the problems and the risk for rollover will crossings. weight limits from 80,000 pounds gross increase. I would ask the consideration of the vehicle weight to 99,000 pounds, exactly Now, I believe that 80,000 pounds is Congress for this sensible change. what we are asking for Route 93 and enough on the interstate, on urban con- There is no impact on the budget, as Route 89. nectors, and all roads. So there are the money for this study was appro- So, Mr. Chairman, the money has al- consequences here that go far beyond priated in the last transportation au- ready been appropriated in the last what the gentleman has outlined. So thorization bill. transportation appropriations bill. while I have great respect for him, and Mr. Chairman, I reserve the balance There is no impact on the budget. We I understand his concern about safety, of my time. will not permanently raise the weight I think the debate should be about the Mr. OBERSTAR. Mr. Chairman, I limit in the absence of this study. We fact that these trucks get bigger and yield 30 seconds to the gentleman from are asking for the authorization to go bigger and bigger. I think that is what Massachusetts (Mr. MCGOVERN). ahead with the weight limit increase poses the safety risks to the people of Mr. MCGOVERN. Mr. Chairman, I while the study is being performed. New Hampshire and people all over the would say to my colleague from New And as I said, all of the public safety country. Hampshire that the difference between officials in my State are supportive of Mr. OBERSTAR. Mr. Chairman, I re- Massachusetts and New Hampshire is this weight limit increase. Because serve the balance of my time. that the trucks that he is referring to currently, right now, we have large Mr. BRADLEY of New Hampshire. operate on toll roads, and the tax- trucks avoiding the weight limitation Mr. Chairman, I yield myself such time payers of Massachusetts are paying for station and driving through two of the as I may consume to respond to the the damage that is done by these heav- most populous communities in the criticisms of my esteemed colleague ier trucks on these roads, not the tax- State, where there are schools and from Massachusetts, and remind my payers across the country. That is a where there are many kids on bicycles. colleague from Massachusetts that I, major difference. We need to get these trucks on the from New Hampshire, ask only the Again, I oppose this amendment for highway. same consideration and the same laws all the reasons that I stated, and I As I said, the study that was done on with regard to truck weight limit that would simply remind my colleagues Route 95 will show no negligible safety now apply in his State of Massachu- that this bill that we have before us or infrastructure effect. Mr. Chairman, I reserve the balance setts, which on all highways, to the today is underfunded. It does not meet of my time. best of my knowledge, allow at least all of what DOT says we need to have Mr. OBERSTAR. Mr. Chairman, I 99,000 pounds gross vehicle weight, and to be able to maintain the status quo yield myself 15 seconds. in some instances, with a waiver, up to in terms of maintaining our transpor- The gentleman referred to a study, 120,000 pounds. tation infrastructure. but he is referring only to preliminary I would also remind my colleague This, in my opinion, opens the door results. The study results are not final. that when we are talking about public to bigger trucks, not only in New Mr. Chairman, I yield 2 minutes to safety with regard to New Hampshire, Hampshire but in other parts of the the gentleman from Massachusetts the commissioner of the Department of country as well. (Mr. MCGOVERN). Safety, the commissioner of the De- Mr. BRADLEY of New Hampshire. Mr. MCGOVERN. Mr. Chairman, I partment of Transportation, local po- Mr. Chairman, I yield myself the bal- thank the gentleman for yielding me lice chiefs, fire chiefs, town councilors, ance of my time. this time, and with all due respect to elected officials from the impacted Mr. Chairman, Route 93 in New my colleague from New Hampshire, I communities where trucks are leaving Hampshire is indeed a toll road, and we rise in opposition to this amendment. the highway and going downtown, are asking for the same consideration This amendment is about opening the where there is traffic, where there are that Massachusetts currently enjoys, door to allow bigger and bigger trucks kids, where there are schools and which is 99,000 gross vehicle weight on our interstate highway system. And churches, and where there are commu- limit. And what is good for Massachu- although this amendment is drafted in nity centers, et cetera, et cetera, et setts clearly should be good for New a form that appears to apply only to cetera, we all want to try and get these Hampshire. the State of New Hampshire, its impact trucks on our highways where the safe- The CHAIRMAN pro tempore. Time will reach all States, all taxpayers, and ty impact to people’s lives and well- of the gentleman from New Hampshire all motorists. being will not be hurt. (Mr. BRADLEY) has expired. Allowing these superheavy trucks on Mr. Chairman, I reserve the balance Mr. OBERSTAR. Mr. Chairman, I the interstates in New Hampshire of my time. yield myself the balance of my time.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.148 H01PT2 H2036 CONGRESSIONAL RECORD — HOUSE April 1, 2004 It simply comes down to this: heavier The Chair recognizes the gentleman conclusion that it would be more pru- trucks are more dangerous. They are from Illinois (Mr. KIRK). dent and wiser to work this out as we more costly to the Nation’s highways. Mr. KIRK. Mr. Chairman, I yield my- move into the conference. I am sure, As truck weights increase, fatal acci- self such time as I may consume. based upon many conversations I have dent rates go up, according to the Uni- Mr. Chairman, in 1994, Congress had, that we will be able to work this versity of Michigan’s transportation passed an unfunded mandate on most out satisfactorily. I simply want to research study. local communities in America that give him my support. Heavier tractor-trailers raise the maintain quiet zones in their commu- I thank the gentleman from Wis- center of gravity of the vehicle and its nities. When the regulations were first consin (Mr. PETRI) and the gentleman load, increasing rollovers. Heavier ve- drafted, they would require trains en- from Illinois (Mr. KIRK) for the col- hicles mean increasing speed differen- tering the City of Chicago to blow their loquy that they just had. tials with other traffic. Increasing train horns on entering the city until Mr. KIRK. Mr. Chairman, I renew my truck weights result in greater brake arriving into the station. This upset unanimous-consent request to with- maintenance problems. Brakes are out the people of Chicago. It upset the draw the amendment. of adjustment, trucks take longer to Mayor of Chicago. The CHAIRMAN pro tempore (Mr. stop. It is just that simple. One university study showed that the SIMPSON). Without objection, the I have studied this issue for many original train whistle regulation would amendment is withdrawn. years. Heavier trucks are worse on the trigger so much noise pollution in our There was no objection. roadway, worse still on bridges, and are communities that it caused property Mr. PETRI. Mr. Chairman, I move involved in a highly disproportionate losses to rise to $1 billion in Chicago that the Committee do now rise. greater number of accidents. lands alone. A redraft of this regula- The motion was agreed to. Vote ‘‘no’’ on the amendment. tion offered some help, but at first Accordingly, the Committee rose; Mr. Chairman, I yield back the bal- glance the cost of implementing this and the Speaker pro tempore (Mr. ance of my time. regulation for Chicago communities PETRI) having assumed the chair, Mr. The CHAIRMAN pro tempore. The rose from $4 million to at least twice SIMPSON, Chairman pro tempore of the question is on the amendment offered that. Committee of the Whole House on the by the gentleman from New Hampshire My amendment would not change State of the Union, reported that that (Mr. BRADLEY). Federal safety standards, but it would Committee, having had under consider- The question was taken; and the allow a State to implement this regu- ation the bill (H.R. 3550) to authorize Chairman pro tempore announced that lation. funds for Federal-aid highways, high- the noes appeared to have it. b 1800 way safety programs, and transit pro- Mr. BRADLEY of New Hampshire. grams, and for other purposes, had Mr. Chairman, I demand a recorded Half of all quiet zones are in Illinois. come to no resolution thereon. This is an important issue to my con- vote. f The CHAIRMAN pro tempore. Pursu- stituents, to the Speaker’s and to ant to clause 6 of rule XVIII, further Ranking Minority Member LIPINSKI’s. COMMUNICATION FROM LAW REVI- proceedings on the amendment offered Mr. Chairman, I had intended to offer SION COUNSEL, HOUSE OF REP- by the gentleman from New Hampshire this amendment today that would give RESENTATIVES (Mr. BRADLEY) will be postponed. governors the option of enforcing train The SPEAKER pro tempore laid be- It is now in order to consider amend- quiet zone standards at this level. How- fore the House the following commu- ment No. 21 printed in House Report ever, I will ask unanimous consent to nication from John R. Miller, Law Re- 108–456. withdraw my amendment but would vision Counsel, House of Representa- AMENDMENT NO. 21 OFFERED BY MR. KIRK ask the chairman of our subcommittee tives: Mr. KIRK. Mr. Chairman, I offer an to engage me in a colloquy on this. OFFICE OF THE LAW REVISION COUN- amendment. Mr. PETRI. If the gentleman will SEL, HOUSE OF REPRESENTATIVES, The CHAIRMAN pro tempore. The yield, I would be very happy to do so. Washington, DC, March 29, 2004. Mr. KIRK. Mr. Chairman, many of Hon. J. DENNIS HASTERT, Clerk will designate the amendment. Speaker, House of Representatives, Washington, The text of the amendment is as fol- our communities have quiet zones to protect their environment from need- DC. lows: DEAR MR. SPEAKER: Last October, I com- less noise pollution by trains. The Fed- Amendment No. 21 offered by Mr. KIRK: pleted 28 years of service with the Office of Insert the following at the appropriate eral Government is poised to put for- the Law Revision Counsel of the U.S. House place: ward a regulation that eliminates our of Representatives. During that time, I have SEC. lll. STATE AUTHORITY. local community quiet zones unless had the pleasure of serving as Assistant Section 20153 of title 49, United States new, expensive, and very complicated Counsel, Deputy Counsel, and for the past Code, is amended by adding at the end the rules are met. Mr. Chairman, I hope we seven years Law Revision Counsel. After al- following new subsection: can work together to address this issue most 33 years of service to the Federal Gov- ‘‘(k) STATE AUTHORITY.— in conference so that local commu- ernment, it has been very difficult to make ‘‘(1) IN GENERAL.—Upon application of the this decision and select a particular date, nities are not overburdened with un- but with your approval, I will retire as Law Governor of a State, a State may assume re- funded Federal mandates and cum- sponsibility for determining the cir- Revision Counsel, effective May 3, 2004. cumstances under which to require the bersome Federal regulations. Over the past seven years, the Office has sounding of a locomotive horn when a train Mr. PETRI. That is something that become self-reliant and greatly improved the approaches and enters upon public highway- we are eager to work with the gen- procedures for preparing and publishing the rail grade crossings, and for enforcing such tleman on. This is important not only United States Code. Self-reliance had been requirements. in Illinois, it is important in Wis- the goal of the Office since it was established ‘‘(2) REVIEW.—The Secretary shall review consin, in Minnesota, and in a number in 1975. The Office continues to produce the any program established by a State pursuant of other States. most accurate version of the Code but no longer requires any outside assistance for its to paragraph (1) every 5 years, and if the Sec- Mr. KIRK. Mr. Chairman, I yield to retary determines that the State program production of the Code. This is the result of inadequately protects rail, vehicular, and pe- the gentleman from Illinois. developing an outstanding staff as well as destrian safety the Secretary shall, after Mr. LIPINSKI. I thank the gen- new procedures for preparing and publishing providing the State with 24 months notice of tleman for yielding. I want to say I the Code. The new procedures and computer such determination, implement regulations compliment my colleague from Illinois programs that have been developed and im- issued by the Secretary under this section in for putting this amendment forward. It plemented in the past few years will enable lieu of such State program.’’. certainly is an issue that has been up- the Office to improve its efficiency while The CHAIRMAN pro tempore. Pursu- permost in my mind and in Speaker maintaining the accuracy of the Code, and eventually will increase the timeliness in ant to House Resolution 593, the gen- HASTERT’s mind for a long period of which the Code becomes available. While tleman from Illinois (Mr. KIRK) and a time. many challenges remain for the Office in our Member opposed each will control 5 In speaking to him about this par- rapidly changing environment, I am con- minutes. ticular amendment, we came to the fident that the knowledge, experience, and

VerDate mar 24 2004 00:04 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.150 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2037 professionalism of the staff will enable the Iraq that took the lives of five of our Akron, Ohio, a couple of weeks ago. I Office to continue its successes and progress. soldiers and four civilians. We now spoke to a group of business owners, Over this period, the Office also has pre- have lost more young men and women small manufacturers, the Akron ma- pared and submitted to the Committee on in the United States military in post- chine shop, group of machine shop own- the Judiciary bills to enact two titles of the Code into positive law. In addition, a bill to war Iraq than we did during the dec- ers and operators. They are concerned enact a third title should be transmitted to laration or the call for war by this ad- that Ohio has lost one out of six manu- the Committee shortly. Also, nearing com- ministration. facturing jobs, probably permanently. pletion is a bill to complete the enactment My sympathy goes out to those fami- They are concerned that Ohio has lost of Title 46, Shipping. lies who mourn, those who mourn for 236,000 jobs overall. That is about 1,500 None of this could have been accomplished their loved ones that died before yes- jobs a week since President Bush took without the support and expertise of the terday and, of course, the heinous act office. That is about 205 jobs every day dedicated staff of the Office. I am deeply of yesterday. since President Bush took the oath of grateful for their assistance and wish them every success. Finally, I gratefully acknowl- It is time now for the Bush adminis- office on January 20, 2001. edge the assistance and support that I, and tration to tell the American people the When I was talking to these machine the Office, have received from the many truth. How long and what efforts will shop operators, one gentleman pre- House Officers and Offices, especially the they take to stop this reckless violence sented me with a pile of brochures Speaker, the Chairman of the Committee on against both our troops and as well ci- about twice this size. Actually, I do not the Judiciary, the Parliamentarian, and the vilians, to begin to put together a col- have all of them with me. These are fine staffs of those Offices and the Com- laborative effort, Mr. Speaker, so that going-out-of-business sale notices, auc- mittee. this kind of violence is stopped and tion notices from companies all over Respectfully yours, the country, small manufacturing com- JOHN R. MILLER, that our work is unanimous with our Law Revision Counsel. allies and that we can truly provide for panies. He receives a stack of about democracy in Iraq. that many every month, he said, at his f place of business, companies going out f APPOINTMENT OF LAW REVISION of business, selling their equipment. COUNSEL, HOUSE OF REP- MAKING IN ORDER AT ANY TIME Let me just share some of these. A RESENTATIVES CONSIDERATION OF CON- company in Cleveland, Ohio, selling all The SPEAKER pro tempore (Mr. FERENCE REPORT ON H.R. 3108, its assets; a company in Cuyahoga SIMPSON). Pursuant to 2 U.S.C. 285c, PENSION FUNDING EQUITY ACT Falls, Ohio, absolute auction; company and the order of the House of December OF 2004 in Waterville, Ohio, near Toledo, live 8, 2003, the Chair announces the Speak- Mr. DUNCAN. Mr. Speaker, I ask one site, selling everything; company er’s appointment of Mr. Peter LeFevre unanimous consent that it be in order in Springfield, Ohio, going out of busi- as Law Revision Counsel for the House at any time to consider a conference ness; company in Mansfield, Ohio, of Representatives, effective May 4, report to accompany the bill (H.R. 3108) where I grew up, that is going out of 2004. to amend the Employee Retirement In- business, selling its real estate and all its production capacity; a company in f come Security Act of 1974 and the In- ternal Revenue Code of 1986 to tempo- Sydney, Ohio, major equipment manu- COMMUNICATION FROM STAFF rarily replace the 30-year Treasury rate facturer, public auction; company in MEMBER OF HON. TOM LATHAM, with a rate based on long-term cor- Dayton, Ohio, facility closing; com- MEMBER OF CONGRESS porate bonds for certain pension plan pany in Cleveland, Ohio, assets no The SPEAKER pro tempore laid be- funding requirements, and for other longer required in the continuing oper- fore the House the following commu- purposes, that the conference report be ations of this tube mill facility; a com- nication from James D. Carstensen, considered as read, and that all points pany in Akron, Ohio, in my district Communications Director for the Hon- of order against the conference report going out of business; another company orable TOM LATHAM, Member of Con- and against its consideration be in Cincinnati, Ohio, I believe, public gress: waived. auction, going out, precision machin- ing facility; a company in Toledo, Hon. J. DENNIS HASTERT, The SPEAKER pro tempore. Is there Speaker, House of Representatives, Washington, objection to the request of the gen- Ohio, going out of business, don’t miss DC. tleman from Tennessee? this sale, everything sold; a company DEAR MR. SPEAKER: This is to formally no- There was no objection. in Youngstown, Ohio, going out of busi- tify you, pursuant to Rule VIII of the Rules ness; a company in Painesville, Ohio, of the House of Representatives, that I have f going out of business; a company in been served with a criminal trial subpoena SPECIAL ORDERS Medina, Ohio, facility closed, all must for testimony issued by the District of go; Marion, Ohio, complete shop close- Columai Superior Court. The SPEAKER pro tempore. Under out auction; Tipp City, Ohio, machine After consulting with the Office of General the Speaker’s announced policy of Jan- tool auction, selling everything; Cleve- Counsel, I have determined that compliance uary 7, 2003, and under a previous order with the subpoena is consistent with the land, Ohio. of the House, the following Members That is just the Ohio companies here privileges and rights of the House. will be recognized for 5 minutes each. Sincerely, that are going out of business. JAMES D. CARSTENSEN, f I bring this up partly because the ad- Communications Director. ministration does not get it. They keep OHIO COMPANIES CLOSE DOORS f talking about the economy is coming The SPEAKER pro tempore. Under a back. We are not seeing jobs created, QUESTIONS TO ADMINISTRATION previous order of the House, the gen- and we are not seeing jobs created be- IN WAKE OF LATEST IRAQI tleman from Ohio (Mr. BROWN) is rec- cause the administration’s answer to ATROCITIES ognized for 5 minutes. this kind of bad news is more tax cuts (Ms. JACKSON-LEE of Texas asked Mr. BROWN of Ohio. Mr. Speaker, for the most privileged people in our and was given permission to address Secretary John Snow, the President’s country with the hope that some of the House for 1 minute and to revise second top economic adviser, was in those tax cuts will trickle down and and extend her remarks.) Ohio this week trying to defend the ad- maybe provide some jobs and more Ms. JACKSON-LEE of Texas. Mr. ministration’s economic and budget trade agreements that hemorrhage Speaker, I do not believe any of us who policies. Secretary Snow said jobs, that ship jobs overseas. believe in a civilized world and the re- outsourcing is a good thing. This administration needs to do two spect for human life, respect for the Outsourcing creates more efficiencies or three things immediately. We need rule of law and just an outright com- in the economy. to extend unemployment benefits. mitment, appreciation and connection I wish that Secretary Snow, when Fifty thousand Ohioans in the next to our fellow Americans could imagine trying to justify the President’s eco- couple of months will have had their the heinousness of the act yesterday in nomic policies, had been with me in unemployment benefits expire. These

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AP7.136 H01PT2 H2038 CONGRESSIONAL RECORD — HOUSE April 1, 2004 are people that want to have jobs, that growth which is attributable in part to we do not, Mr. Speaker, we will become are looking for work. It is 50,000 work- the loss of jobs to foreign competi- even more vulnerable to foreign na- ers. It is 50,000 families that lose their tion.’’ tions and damage both our economy benefits in communities all over my At a hearing before the sub- and our national security. State, all over this country. committee I chair, the Subcommittee These environmental extremists al- The second thing the administration on Water Resources and Environment, most always come from very wealthy needs to do is allow for trade adjust- the head of the World Shipping Council or upper-income families, and perhaps ment assistance. They have opposed said ships were coming to the U.S. full they do not realize how much they are that, even though all those jobs that but leaving empty. hurting the poor and the lower-income have gone to Mexico and China and all b 1815 and the working people of this country, over the world, those workers need but we need to produce more U.S. oil to help. We cannot sustain this type of deficit bring down these gas prices. And, third, the administration needs for many more years. By far the larg- est trade imbalance is with China and f to pass the Crane-Rangel bill, bipar- The SPEAKER pro tempore (Mr. tisan legislation that will give tax will probably be around $150 billion this year. With a tiny bit less than 4 SIMPSON). Under a previous order of the breaks to those corporations that hire House, the gentleman from Oregon (Mr. people in the United States. percent of the world’s population, we DEFAZIO) is recognized for 5 minutes. The President, on the other hand, buy 25 percent of the world’s goods. (Mr. DEFAZIO addressed the House. wants to give more tax cuts to the This means that every other country desperately wants into our markets. His remarks will appear hereafter in wealthiest individuals and more tax the Extensions of Remarks.) cuts to the largest corporations and re- We have tremendous trade leverage warding those companies that are that we have not used as we should f have. It has been used mainly to help outsourcing, that are sending their EXCHANGE OF SPECIAL ORDER large multinational companies which jobs overseas. We need to reward those TIME companies and give incentives to those have had great influence, too much in- Mr. MCDERMOTT. Mr. Speaker, I ask companies that are hiring American fluence, in our government. unanimous consent to take the Special workers and build back our manufac- However, our trade agreements have Order time of the gentleman from Or- turing base. My State has lost one out been detrimental to the majority of egon (Mr. DEFAZIO). of six manufacturing jobs in the last 3 American small and medium-sized The SPEAKER pro tempore. Is there years. My State has lost 205 jobs every businesses and to our workers. I believe objection to the request of the gen- single day of the Bush administration. other countries are probably amazed tleman from Washington? These pleas continue to fall on deaf that we have not been tougher in trade There was no objection. ears. The President tries the same negotiations. tired solutions. They have not worked We should tell any nation with which f we have a large trade imbalance, start- for 3 years. It is time we changed RECOGNIZING AUGUST WILSON course. ing with China, that we want to be friends, that we want cultural and edu- The SPEAKER pro tempore. Under a f cational exchanges, tourism, and espe- previous order of the House, the gen- The SPEAKER pro tempore. Under a cially trade; but we want that trade to tleman from Washington (Mr. previous order of the House, the gen- be both free and fair. We should tell the MCDERMOTT) is recognized for 5 min- tleman from Indiana (Mr. BURTON) is Chinese and others to start looking for utes. recognized for 5 minutes. products they can buy from us because Mr. MCDERMOTT. Mr. Speaker, (Mr. BURTON of Indiana addressed if they do not start bringing down the today I rise in tribute to August Wil- the House. His remarks will appear trade deficits within a reasonable time, son, the leading playwright of his gen- hereafter in the Extensions of Re- we will have to renegotiate some of our eration and an icon of contemporary marks.) trade agreements. American theatre. f William Hawkins, Senior Fellow, at For more than 20 years, August Wil- the U.S. Business and Industry Coun- son’s sometimes searing, but always EXCHANGE OF SPECIAL ORDER cil, summed it up best in a recent col- provocative, dramas have flung Mr. DUNCAN. Mr. Speaker, I ask umn in the Washington Times: ‘‘Com- theatregoers into the lives and cir- unanimous consent to assume the time merce is driven by competition, mak- cumstances of black Americans. Per- of the gentleman from Indiana (Mr. ing trade rivalry a part of the larger formed throughout the country, these BURTON). struggle of nations for independence, works have amused and disquieted us. The SPEAKER pro tempore. Is there security, and prosperity.’’ They have deepened our understanding objection to the request of the gen- Mr. Speaker, I am sick and tired of of our history and our society. tleman from Tennessee? seeing so many millions of American In recognition of the unforgettable There was no objection. jobs going to other countries, and there portraits he has created, Mr. Wilson f is tremendous concern about this all has received repeatedly virtually every across this Nation. award bestowed by the literary com- TRADE DEFICIT AND GAS PRICES Secondly, Mr. Speaker, gas prices. munity, including two Pulitzer Prizes, The SPEAKER pro tempore. Under a Gas prices have risen to some of their and five Tony Awards. He is a fellow of previous order of the House, the gen- highest levels ever, primarily for two the American Academy of Arts and tleman from Tennessee (Mr. DUNCAN) is reasons: one, we are being robbed by Letters and a member of the American recognized for 5 minutes. foreign oil producers; and, two, ex- Academy of Arts and Sciences. Mr. DUNCAN. Mr. Speaker, I rise to- treme environmentalists oppose any oil August Wilson has been a resident of night to speak about two separate production in the U.S. The Arctic Na- Seattle since 1990. So it is quite appro- issues but both related to the economic tional Wildlife Refuge is a 19.8 million priate that the Seattle’s Rainier Club, well-being, the pocketbooks of the acre site, 35 times the size of the Great one of the oldest entities in the city, American people. Smokey Mountains. Yet some left-wing has named him its laureate for 2004– First, the trade deficit. The Wash- extremists oppose drilling on some 2005. This occasion offers all of us a ington Post reported on February 16 2,000 acres in the Arctic Nation Wildlife most welcome opportunity to salute that our trade deficit reached a record Refuge, about 1⁄100 of 1 percent of the Mr. Wilson for his transforming con- $489 billion in 2003. The story said that refuge, in a part that is a frozen tundra tributions to American theatre. ‘‘while the trade report showed the ro- with no trees or bushes for many, many He joins the other laureates of Se- bust growth in U.S. consumption, it miles. We have not opened a new oil re- attle, Jonathan Raban; Ernestine An- also provided a stark reminder of prob- finery since 1975, and something like 36 derson, the jazz artist; Dave Horsey, lems on the economy’s productive side. have been forced to close since 1980 due the Pulitzer Prize winning cartoonist. In particular, the lack of employment to too many rules and regulations. If He has been a real tribute to our city

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.157 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2039 and deserves the acknowledgment of Mr. Speaker, we have got to get the ship of this country. In the words of the whole city. And we look forward to employment situation in this Nation Tracy Chapman, ‘‘Either we change or many more evenings in the theatre back on track. The phrase ‘‘jobless re- we live and die this way.’’ I say we with August Wilson, gazing at America covery’’ is of no consolation to the must, we must change. through his eyes. nearly 9 million Americans who are un- f f employed and the millions who are un- deremployed in our country. THE STATE OF ARMENIAN/ The SPEAKER pro tempore. Under a Mr. Speaker, zero represents the AZERBAIJAN RELATIONS previous order of the House, the gentle- amount of money nearly 9 million peo- The SPEAKER pro tempore. Under a woman from Florida (Ms. ROS- ple are bringing home bi-weekly in- previous order of the House, the gen- LEHTINEN) is recognized for 5 minutes. stead of a paycheck. Zero represents a tleman from New Jersey (Mr. PALLONE) (Ms. ROS-LEHTINEN addressed the degree to which the tax cuts being pro- is recognized for 5 minutes. House. Her remarks will appear here- moted by my colleagues on the other Mr. PALLONE. Mr. Speaker, I rise after in the Extensions of Remarks.) side of the aisle have worked to this evening to address the decline in f achieve their goal. Zero also represents the state of affairs between Armenia The SPEAKER pro tempore. Under a the amount of compassion American and Azerbaijan brought about by Azeri previous order of the House, the gen- voters should give this administration President Ilham Aliyev and the mem- tleman from Illinois (Mr. DAVIS) is rec- in November since these numbers will bers of his ministry. Including Namik ognized for 5 minutes. not change without new leadership in Abbasov, Minister of National Secu- Mr. DAVIS of Illinois addressed the Washington. rity, through their encouragement of House. His remarks will appear here- Today, Congress had an opportunity anti-Armenian propaganda that per- after in the Extensions of Remarks.) to enact legislation that is guaranteed petrates anti-Armenian sentiments in to create jobs. The Committee on f the region. Transportation and Infrastructure The SPEAKER pro tempore. Under a Mr. Speaker, a few weeks ago, I was Democrats proposed $37.8 billion of previous order of the House, the gen- disheartened to learn of the brutal Federal highway/transit infrastructure tleman from Ohio (Mr. PORTMAN) is murder of an Armenian soldier by an investment. These funds would have Azeri soldier. Both were attending a recognized for 5 minutes. created nearly 1.8 million jobs and (Mr. PORTMAN addressed the House. NATO Partnership for Peace English- about $235 billion of economic activity. language course in Hungary. But I am His remarks will appear hereafter in However, our recommendations were the Extensions of Remarks.) doubly concerned by additional infor- disregarded because the President mation that has recently been reported f threatened to veto the bill. that the Azeri government is actually The SPEAKER pro tempore. Under a Mr. Speaker, I want to make it crys- providing financial awards to individ- previous order of the House, the gen- tal clear to the American people that uals and organizations with the ‘‘best’’ tleman from Michigan (Mr. CONYERS) is the President of the United States has propaganda works towards Armenians. recognized for 5 minutes. threatened to veto a bill that has prov- Recent accounts report that the Az- (Mr. CONYERS addressed the House. en to create jobs; yet he is in favor of erbaijani Ministry of National Secu- His remarks will appear hereafter in unlimited amounts of tax cuts that rity, a successor to the Soviet-era the Extensions of Remarks.) have debatable job creation effects. Mr. KGB, has awarded monetary prizes up f Speaker, it has been found that trans- to $2,000 for the ‘‘best’’ propaganda portation construction contractors works targeting Armenians. The Azeri ORDER OF BUSINESS hire employees within 3 weeks of ob- Ministry, for instance, presented a Mr. CUMMINGS. Mr. Speaker, I ask taining a project contract. Yet nearly 3 prize in the books category to the Az- unanimous consent to take my Special years after passage of the President’s erbaijani National Academy of Order at this time. first package of tax cuts, the economy Sciences’ Human Rights Institute for The SPEAKER pro tempore. Is there has yet to create a single net job. Not an ‘‘encyclopedia’’ entitled ‘‘Crimes objection to the request of the gen- one. Against Humanity Perpetrated by Ar- Mr. Speaker, the unemployment tleman from Maryland? menian Terrorists and Bandit Forma- numbers from March will be released There was no objection. tions,’’ and the minister himself was tomorrow. For the good of the Amer- honored for funding the publication of f ican people, I sincerely hope that these this book. The MNS also granted a top JOBS AND THE ECONOMY numbers reflect a positive change in the Nation’s unemployment situation. monetary prize to two anti-Armenian The SPEAKER pro tempore. Under a But it will not be because of anything propaganda films. previous order of the House, the gen- I mention this because I believe it is this administration has done. It will be tleman from Maryland (Mr. CUMMINGS) in spite of the obstacles to job creation a blatant effort by the Azeri govern- is recognized for 5 minutes. that this administration continues to ment to undermine years of efforts un- Mr. CUMMINGS. Mr. Speaker, just advocate. dertaken to encourage a peaceful reso- recently the economic report of the Lastly, I continue to hear the Presi- lution to the Nagorno Karabakh con- President, which was sent to Congress dent and the Republicans blame all of flict by me and other Members of this under the President’s signature, pre- their economic woes on September 11, body as well as the Minsk group and dicted that the economy would create corporate scandals, and the drumbeat the former U.S. administration. some 2.6 million jobs this year. Yet, of the Iraq War. Let me remind my Three years ago, I was encouraged by Mr. Speaker, the President has yet to friends that every President and every developments in the Nagorno Karabakh create a single net job since his inau- administration has had to overcome peace process with the announcement guration, not one. challenges. How about World War II, of the Key West Agreement, reached in Meanwhile, we have lost almost 9 the Cuban Missile Crisis, the Vietnam April 2001 by President Kocharian and million people in this country that are War, the Watergate scandal, the Iran former Azeri President Aliyev. I was hopelessly out of work. Many of these hostage situation, the Cold War, and hopeful that this agreement would lead intelligent, educated, and able-bodied the first Persian Gulf War? to a peaceful resolution of the conflict Americans have given up on looking I could continue on, but my point is and a stabilization of peace in the re- for work because our national unem- that every President has faced these gion. However, it was clear that any ployment situation is so grim. As a re- types of challenges and still managed implementation of the Key West sult, they are unable to provide the to create jobs, except one, since the Agreement would have to wait until basic necessities for their families. In- Great Depression, and that is George after the various legislative and presi- stead, they are watching President W. Bush and this Republican House and dential elections in the region includ- Bush on television traveling the coun- Senate. ing Armenia, Nagorno Karabakh, and try, touting his economic record that Mr. Speaker, we either need to Azerbaijan and when they were com- again has yet to create a single net job. change policies or change the leader- plete.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.162 H01PT2 H2040 CONGRESSIONAL RECORD — HOUSE April 1, 2004 However, shortly after the last of and Armenian President Kocharian and b 1830 these elections when President Ilham Foreign Minister Oskanian, Armitage REVISIONS TO THE 302(a) ALLOCA- Aliyev was elected president of Azer- noted that ‘‘our Turkish friends have TIONS AND BUDGETARY AGGRE- baijan, the Azeri government rejected had their hands full recently,’’ as an all of the advancements made by the GATES ESTABLISHED BY THE excuse that there would be little ad- CONCURRENT RESOLUTIONS ON Minsk group, the former Azeri presi- vancement towards opening the border dent and President Kocharian, and flat- THE BUDGET FOR FISCAL YEARS between Armenia and Turkey or a ly rejected the Key West Agreement. 2004 AND 2008 Furthermore, President Ilham Aliyev move towards better relations between The SPEAKER pro tempore. Under a has noted that any negotiations on re- Azerbaijan and Armenia. previous order of the House, the gen- solving the Nagorno Karabakh conflict Finally, Mr. Speaker, I would like to tleman from Iowa (Mr. NUSSLE) is rec- would need to start from scratch and note that Armenia has been tremen- ognized for 5 minutes. any advancements towards peace made dously cooperative with the U.S. in its Mr. NUSSLE. Mr. Speaker, in accordance in the past were invalid. efforts in the war against terror and with section 411 of H. Con. Res. 95, I hereby So today instead of witnessing the supportive of the stabilization of both submit for printing in the CONGRESSIONAL implementation of the Key West RECORD adjustments to the section 302(a) al- Afghanistan and Iraq. However, rather Agreement or even a revival of nego- location to the House Committee on Transpor- tiations of a peaceful solution to the than press President Aliyev toward tation, set forth in H. Rept. 108–71, to reflect Nagorno Karabakh conflict, we are wit- considering peaceful resolutions of the $3.777 billion in additional new budget author- nessing a regression towards the type Nagorno Karabakh conflict, the Bush ity for the period of fiscal years 2004 through of behavior on behalf of the Azeri gov- administration perpetrates the conflict 2008. ernment that encourages the violence by failing to maintain military assist- Section 411 authorizes the chairman of the we saw in the early to mid-1990s. I am ance parity between Armenia and Azer- Committee on the Budget to adjust the appro- discouraged by President Aliyev’s bla- baijan in its fiscal year 2005 budget re- priate budget aggregates and to increase the tant disregard for the autonomy of quest to Congress. In fact, the Bush ad- 302(a) allocation of new budget authority to Nagorno Karabakh and his country’s ministration proposed double the mili- the Committee on Transportation and Infra- effort to undermine any chance at a tary assistance to Azerbaijan that it structure for fiscal year 2004 and for the pe- peaceful resolution to this conflict. In riod of fiscal years 2004 through 2008 to the did to Armenia. fact, President Aliyev has recently said extent such excess is offsets by a reduction in that he is not in any hurry to reach a Today I would call on Azerbaijan mandatory outlays form the Highway Trust peaceful resolution to the conflict and President Ilham Aliyev to stop pro- Fund or an increase in receipts appropriated recently cancelled a meeting between moting propaganda against the Arme- to such fund for the applicable fiscal year Armenian Foreign Minister Vartan nian people and make every effort to caused by such legislation or any previously Oskanian and the Azeri Foreign Min- consider the peaceful resolution of the enacted legislation. ister planned by French, Russian, and Nagorno Karabakh conflict and begin As modified by the rule, H.R. 3550 makes U.S. mediators that was scheduled for an open dialogue with Armenian Presi- additional receipts available to the Highway this past Monday; and his excuse was Trust Fund. Accordingly, I am increasing the dent Kocharian. I also call on Presi- that the agenda was not precise 302(a) allocation to the Committee on Trans- dent Bush and the administration to enough. portation and Infrastructure by the above I am also discouraged by the current maintain parity in the region and rec- amount. With the adjustment, this bill is within Bush administration in its failure to ognize that pitting these nations the level assumed in the two periods applica- actively address a peaceful resolution against each other will move us further ble to the House; fiscal year 2004 and for the to the Nagorno Karabakh conflict. Dur- away from long sought-after peace that total of fiscal years 2004 through 2008 as re- ing a recent meeting between Deputy is much needed in this region. quired under section 302(f) of the Congres- Secretary of State Richard Armitage sional Budget Act of 1974. ANALYSIS OF HOUSE SURFACE TRANSPORTATION REAUTHORIZATION ACT (H.R. 3550) [Mandatory BA by fiscal year in millions of dollars]

2004 2005 2006 2007 2008 2009 2004–2008

2004 Bud Res Baseline ...... 32,584 36,953 36,953 36,953 36,953 36,953 180,396 Bill Under Consideration ...... 41,042 44,082 45,101 46,360 47,867 49,094 224,452 Increase in BA ...... 8,458 7,129 8,148 9,407 10,914 12,141 44,056 Discretionary Action Available on 3–29–041 ...... 9,236 5,753 6,632 8,810 9,848 10,637 40,279 Amount Over (+) or Under (¥) Appropriate Level ...... ¥778 1,376 1,516 597 1,066 1,504 3,777 Adjustment ...... 0 na na na na na 3,777 Room Under Allocation ...... ¥778 na na na na na 0 1 Excludes impact of temporary measures, which are subsumed by the bill.

The SPEAKER pro tempore. Under a Iraq, acknowledge the importance of able to create one single job that has previous order of the House, the gen- humanity and the respect for human had a lasting impact. tleman from Maryland (Mr. WYNN) is life. Now, that sounds rather extreme, be- recognized for 5 minutes. I ask that we have just a moment of cause the government is going to re- (Mr. WYNN addressed the House. His silence in commemoration of the mas- port shortly its job creation in the last remarks will appear hereafter in the sive loss of life in Rwanda. month, and certainly they did so in the Extensions of Remarks.) month preceding. But as they create Mr. Speaker, my wish for the Rwan- f jobs in certain areas and certain dis- dan people is the implementing of de- ciplines, job loss remains strong in the THE TIME FOR CREATION OF JOBS mocracy, the protection of lives, re- manufacturing industry; and there has IS NOW spect for human life, and as well the been no effort, no, if you will, direct ef- The SPEAKER pro tempore. Under a opportunity for economic prosperity, fort at building a long-standing oppor- previous order of the House, the gentle- educational opportunity for the chil- tunity for job creation by this adminis- woman from Texas (Ms. JACKSON-LEE) dren, and as well for them to take their tration. There has been no policy an- is recognized for 5 minutes. rightful place in the world family. nounced. There has been a complete, if Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, I rose today to com- you will, ignoring of the large numbers Speaker, today we commemorate the 10 ment on an issue that is extremely of industries that are leaving our years of the tragedy of genocide in prevalent in my district, and that is shores and going overseas. Rwanda. Before I speak to the issue the loss of 3 million jobs in the United We recognize that as the world grows that I rose to speak to, I want to, States over the last 2 years and the smaller, we will be interrelated, and again, as I did earlier in the tragedy in failure of this administration to be trade is an important aspect of that;

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.168 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2041 and we do not discount that. But, Mr. The SPEAKER pro tempore. Under a has signed a bill criminalizing a safe Speaker, there is nothing more dev- previous order of the House, the gentle- and accepted medical procedure for the astating than a family that has lost woman from New Mexico (Mrs. WILSON) first time ever. Legislators have now their source of income. First maybe is recognized for 5 minutes. inserted themselves into the difficult the father or the spouse, and then the (Mrs. WILSON of New Mexico ad- medical decisions that should be left to mother or the wife, or then an indi- dressed the House. Her remarks will a woman, her family, and her doctor. vidual single parent who has lost their appear hereafter in the Extensions of To add insult to injury, the Justice De- job. Remarks.) partment is seeking permission, per- I can assure you that no amount of f mission, to rifle through women’s per- patriotic statements will quash the The SPEAKER pro tempore. Under a sonal medical records in the State De- pain of not being able to make ends previous order of the House, the gen- meet, of providing for one’s family. partment’s attempt to uphold this in- tleman from Texas (Mr. HINOJOSA) is trusive law. And those families who are on minimal recognized for 5 minutes. income have been hurt even more, be- (Mr. HINOJOSA addressed the House. These violations of privacy are with- cause as they have sought to lift them- His remarks will appear hereafter in out precedent and are simply, simply selves up, as they have experienced the the Extensions of Remarks.) unacceptable. Women have worked too results of welfare reform, and they f hard. They have fought too long to be have taken the jobs at the Burger The SPEAKER pro tempore. Under a told that they are not allowed to un- Kings and McDonald’ses, how inter- previous order of the House, the gen- dergo a medical procedure rec- esting it is now to compete with indi- tleman from New York (Mr. HINCHEY) ommended by their doctor, and that viduals with higher education who is recognized for 5 minutes. the Justice Department and their law- have lost their jobs who can find no (Mr. HINCHEY addressed the House. yers have the right to examine wom- other work than to work at Burger His remarks will appear hereafter in en’s medical records. King, McDonald’s and other fast-food the Extensions of Remarks.) It is not enough to devote a month establishments, which we have the f greatest respect for, because they are every year to celebrating the progress CELEBRATING NATIONAL WOMEN’S jobs. But, frankly, when you have that women have made in the battles HISTORY MONTH those at the lesser income level com- that we have won. If we do not stand up peting, then you know that you have a The SPEAKER pro tempore. Under a after these recent impositions and in- serious problem. previous order of the House, the gentle- sist on our right to make decisions You have more of a serious problem woman from California (Ms. WOOLSEY) about our own bodies, when will we? when officials of the Bush administra- is recognized for 5 minutes. How many more restrictions must be tion continue to emphasize that the Ms. WOOLSEY. Mr. Speaker, as we placed on us before we insist that this putting together of the hamburger is gather to celebrate National Women’s must stop? manufacturing and are completely in- History Month, I rise to recognize not sensitive to outsourcing that is causing only the contributions of all women, Well, on April 25 of this year, this more and more jobs to leave the shores but most importantly, the work of my month, actually, hundreds of thou- of the United States of America. constituents that made this month sands of women, men and children will So, Mr. Speaker, my thrust this possible. come to Washington, D.C. to do just evening is to again put this very cru- Sonoma County, in my district, is that. We will speak out, because cially in the minds of this administra- the birthplace of the National Women’s women deserve accurate and balanced tion: it is imperative that the Presi- History Project, the nonprofit edu- information about their reproductive dent give a national, a national, call to cation organization that is responsible options. We will speak out, because job creation, and stop the reckless giv- for establishing Women’s History women deserve access to contraception ing of large tax cuts to the richest of Month. and prenatal care. our Nation, and begin to take those In 1978, the Education Task Force of These services are not a luxury for dollars and invest in this economy, to the Sonoma County Commission on the women. They are truly a matter of life provide more job training, to provide Status of Women initiated a Women’s or death. At the march on April 25, we more bridges for those who are History Week under my tutelage. I was will clearly convey that protecting transitioning from jobs because plants the Chair, actually, of the commission women’s lives is of paramount impor- were closed, such as the plant I saw in at that time. Later, in 1987, with the tance for Americans from all walks of South Carolina when traveling in that help of museums, libraries, educators life. area, and the plants throughout Texas across the country, the National Wom- that I have seen and throughout the en’s History Project petitioned Con- I look forward to being part of this rest of the United States. We need a gress to expand the celebration to the truly historic gathering and joining real jobs effort to secure jobs on behalf entire month of March. A resolution with my colleagues, constituents, and of the American people. recognizing Women’s History Month people from all over the world to show Mr. Speaker, it is important to note was quickly passed with strong bipar- the United States that we care about that Americans want to work, but they tisan support in both the House and the women’s lives in America. cannot work where there is no work. Senate. They certainly cannot work where we When we gather this time next year Since that time, Women’s History to recognize National Women’s History do not have a policy that is definitively Month has provided a perfect oppor- done on behalf of job creation. Month, we will be able to list the 2004 Right now we have on the floor of the tunity to discuss and honor the con- March for Women’s Lives as another House a massive job creation bill, as tributions that women have made notable accomplishment; and even well as a bill to help our crumbling in- throughout the history of our Nation, more importantly, I hope we will be frastructure. One of the issues that we both here in our capital and in our able to say that we have stopped the have noted in homeland security, as a classrooms. tide of anti-choice restrictions, to say There are so many remarkable ac- member of the Select Committee on that our private medical records will complishments that deserve mention, Homeland Security, is we have a crum- remain private, and to say that we from the fight for suffrage and repro- bling infrastructure. have the right to undergo medical pro- ductive freedom, to efforts to give Again, I ask the President not to cedures recommended by our doctors. veto this bill, which will help the women and girls equal access to edu- crumbling infrastructure of this Nation cation and employment opportunities. In honor of National Women’s His- and transportation needs, but also will We have come so far in so very many tory Month, we must not only remem- create jobs for millions and millions of ways; and, yet, Mr. Speaker, we seem ber the accomplishments of the women Americans. to be losing ground on so much of the who have come before us; we must also Mr. Speaker, the time for creation of precious progress we have made. commit to the protection of that jobs is now. The President must re- Since we last celebrated National progress on behalf of the women who spond to this question and to this need. Women’s History Month, the President will come after us.

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.171 H01PT2 H2042 CONGRESSIONAL RECORD — HOUSE April 1, 2004 COMMEMORATING WOMEN’S find our rightful place in this body and Or let us take another signature HISTORY MONTH in our country. issue: the Violence Against Women The SPEAKER pro tempore. Under b 1845 Act. These programs are cut for next the Speaker’s announced policy of Jan- year $22 million over what was in the We certainly do not suffer, as many budget for this year. uary 7, 2003, the gentlewoman from the of our sisters do around the world. For District of Columbia (Ms. NORTON) is Mr. Speaker, I can only hope that example, in Kuwait, one of our allies, these programs that I am going to go recognized for 60 minutes as the des- women cannot even stand for election ignee of the minority leader. through get the attention of the Con- to any office. gress and the appropriators and that Ms. NORTON. Mr. Speaker, as March Mr. Speaker, I was a Member of the they come to their senses and put some slips away, a number of women in the House when the so-called ‘‘Year of the House did not want to let the year go of this money back. Woman’’ was informally proclaimed. Republicans have been grandstanding by without commemorating Women’s That was the year when the confirma- History Month. We recognize this is about an important issue that concerns tion of Justice Clarence Thomas all of us. I say ‘‘grandstanding’’ be- April 1. This is no April fool’s joke. brought women forward, given the con- cause the way to indicate that it mat- Women are a very serious concern of troversy surrounding his nomination, ters to you is, of course, to put just a the women who will come forward this that a man who had been accused of little money in it. I am talking about evening. sexual harassment was nevertheless trafficking in women and children, We note first the progress women put on the bench. It sent a whole bunch where women and children are essen- around the world, our sisters in soli- of women to the House and to the Sen- tially held virtually as slaves. Well, darity, are making; and then we com- ate, more than before and more than the Bush budget simply eliminates the pare that progress to the progress of since. Some of us, Mr. Speaker, I must program altogether. American women who serve in the leg- say, are inclined to call 2004 the ‘‘Year By now it is gospel that the best islatures of their countries. of the Forgotten Woman,’’ and we say straight line for reducing juvenile According to the data used inter- so because we look for concrete evi- crime is to give kids something to do nationally, women are considered to be dence of where women are going in our after school. Well, the President’s at an acceptable threshold when they country today. And for that, I think budget provides half of the promised are about 30 percent of their legisla- the best place to look is in the Presi- funding for after-school programs. tures. There are only 14 countries that dent’s budget. qualify. The United States of America The budget document is the best evi- What about Head Start? Here is a is not one of them. We are pleased at dence of the policy of the President in program that is surely not one of the the increase in women, especially in office. I think that the American peo- favorites of the President, even though the House and in the Senate; but we ple for whom women’s rights, the children and education has been a sig- are not where we should be, particu- progress of women and children means nature issue for him. He has begun the larly given the ideals that our country something would be absolutely aston- gutting of the Head Start program by professes. ished by what the President’s 2005 pro- eliminating the health and nutritional Interestingly, women made their posed budget tells us about his prior- aspects that is itself a signature of the greatest strides in Rwanda last year, ities when it comes to women’s con- program. We bring low-income chil- and that may well be because there is cerns. So I want to start where the dren, we combine the services they a fixed percentage of women required American people would start in evalu- need in preschool by the time they go in their legislature. But this should be ating where this President stands on to school, so that they are ready to said of Rwanda: This is one of the matters affecting women and their learn. world’s most tragic nations, which suf- children. They would start with where There will also be no educational fered from violence. Perhaps having he puts his money. They would start services in Head Start. Just a moment. women in the leadership will help send with his budget. I thought this was the education Presi- to that country the notion that vio- As I look at that budget, it seems as dent. I thought the whole point is to lence, most of it perpetrated by men in if the President went on a search-and- begin education and the most rigorous that country in one of the worst cases destroy mission, focused heavily on the education that a child can take accord- of genocide in the 20th century, is no programs that affect women most. I ing to age as soon as possible, so that longer acceptable. looked, because I saw many programs we meet this goal that by grade 4 every Mr. Speaker, just a couple nights ago that might tell us something about child can read. How are we going to do Women’s Policy, Incorporated, cele- where an elected official stands on a that if we do not begin educational brated its 10th anniversary. This is a given subject. I looked at signature services in Head Start, particularly for privately financed organization from issues for women, issues that are par- low-income children who, of course, are which many Members of the House and ticularly identified with women and and continue to be the furthest behind? Senate gather the information that their children, although I am sure my Speaking about behind, if the Presi- they need to keep track of women’s good friends and colleagues in this dent had put just a little more money issues and where women need to go as body who are men would be quick to in Head Start, he might have given the far as legislation and other progress is step forward and say that these issues best and biggest boost to his own Leave concerned. mean just as much to them. It is sim- No Child Behind bill. Only 60 percent of It was also the 27th anniversary of ply that women have been at the front the children who are eligible for Head the Congressional Women’s Caucus. It of the line advocating the issues that I Start are covered by Head Start. Put reminded us that it was in 1916 that the am speaking about at the moment. all of those children in there and we first woman came to serve in this Let us take the child care and devel- will begin to see some difference for House, the famed Jeannette Rankin. opment block grant: frozen for the low-income children in school, and No That was 4 years before women even third year in a row. Children are not Child Left Behind can begin to take got the right to vote. I believe that frozen. The numbers continue to come some of the credit for it, because it will says something, Mr. Speaker, about forward. They grow older. They need pick them up, ready to learn. the determination of women to exer- services. So that when we have a 3-year Speaking of No Child Left Behind, cise the vote, that before the Constitu- freeze, it means 3 years of cuts for Mr. Speaker, once again the President tion of their country even gave them child care and development. It, of has simply declined to fund the bill. the vote, as a matter of State law they course, means that we are leaving hun- This has been a huge disappointment sent a representative to this body. dreds of thousands of women in line for for Democrats, because this bill was Today, we have grown from one in child care, holding their kids’ hands passed in a bipartisan fashion on the 1916 to 76 in this House and 14 in the and wondering what in the world they promise that a very difficult issue Senate, well below the 30 percent are going to do, particularly if they are would have the prerequisite funding threshold that the world acknowledges on TANF where the bill this House has and, therefore, a chance to succeed. as a decent percentage. We are still passed says you have to work longer That issue is taking children who are struggling. We are still determined to and have less child care. not learning in school and somehow

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.176 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2043 making it possible for them to learn; well done, women. Let us cut $79 mil- meals to all of the children who are at and not only that, Mr. Speaker, but in- lion from the Small Business Adminis- the schools what are targeted because dicating that they were not going to tration, the chief agency you turn to all the children are in need of good graduate unless they learned. Well, on for help, assistance, and funding. meals. the basis of that promise, this became We want the President to know that And that impacts women because it a bipartisan bill. It overcame many there are many of us in this Congress clearly impacts those women who are doubts and much skepticism. to remind him that 3.8 million women needing supportive services as they are Now the promise of funding has are looking for jobs and cannot find seeking to educate their children. We dropped out of the President’s budget. them. Nobody even talks about wom- know for a fact that we are under siege It has caused consternation in the en’s work anymore. We assume the ob- as relates to choice. And I always say House and in the Senate. But if we vious, that women must work; and in- the choice has no respect for age or in- think that is all it has caused, we need deed, Mr. Speaker, they must. And the come. only go into our own States and hear fact that they cannot find work has a When I say that, this is not a ques- the howls and the cries about No Child greater effect on children than any sin- tion of child-bearing years. It is so Left Behind, its broken promises and gle group who cannot find work be- much a question of humanity and the the difficulties that States are having cause of the disproportionate number respect we have for the dignity of in meeting its goals, precisely because of these women who are heads of house- women to be able to make determina- the promise of funding has not been hold. tions along with their physicians and kept. Mr. Speaker, I have more to say as well their spiritual advisor and their Moving right along, Mr. Speaker, to about women, but I see that one of my family. Even Start. Now here we have not only distinguished colleagues has come to Yet time after time we come to the a woman’s program but a family values the floor and, therefore, I would like to floor of the House with constant under- Congress program. Because, essen- yield to the gentlewoman from Texas mining of the Roe v. Wade decision, tially, what the program does is to put (Ms. JACKSON-LEE) for her comments which is a clear choice. It is not one adult literacy and childhood education on this vital subject. that promotes one aspect of making a and vital parental education all in the Ms. JACKSON-LEE of Texas. Mr. decision about an abortion or not. It same package and say, if you put them Speaker, I thank the distinguished gen- does not promote an abortion, does not all together, then we will get what tlewoman from the District of Colum- promote an abortion. What it does is it children need to learn. They will have bia for her perseverance and, as well, gives women the right to choose, the parents who know how to read and who the rightness of her words. right to their own human dignity. have an appreciation for learning. That Let me thank the gentlewoman from Why, then, do we have these constant is the adult literacy part. They will the District of Columbia (Ms. NORTON) battles regarding the partial birth have childhood education, which is fo- for remembering the month of March. abortion? As we speak, right now there cusing on the child itself. And, of The gentlewoman has indicated that are massive lawsuits across the coun- course, the parental education is abso- this is not an April Fool’s joke, that we try by physicians who have felt that lutely essential, because once you have just continued that month a little their whole Hippocratic oath that they know how to parent, you recognize the longer. In fact, what better way to have had to take has now been chal- value of education, and the rest is like- commemorate than to say that the lenged. And the rights of women to ly to take care of itself. issue is so important that if April 1 be- protect their own health has been dam- Well, this program, Mr. Speaker, is comes March 31 and-a-half, or that we aged because of the legislation that eliminated, not cut, but eliminated in begin to say that it is foolish to ignore was, if you will, signed into law by the President’s budget. I do not see the history of women and we do it on those who believe that they must make how we can go home and leave that this day, what an important tribute, decisions for women and take away zero on our record, even though the and we thank the gentlewoman. their individual dignity. President has left it on his. The gentlewoman has aptly laid out, I hope that as we make these points Maternal and child health block and will continue to do so I know this we will be reminded of the historic con- grant, if ever there is funding that gets evening, the misery that we are facing tributions of women. And I can begin the motherhood award of agreement of in light of the President’s budget and, to recite certainly from the early be- everyone, it is that grant: frozen. of course, the need to address the con- ginnings of our history the numbers of Some of the freezes are just plain cerns of child care, of health care, some women who engaged in this process. I cruel. Why would we want to cut off of the issues that women Members of remember the words of Abigail Adams hearing screening for newborns? This the United States Congress have had who said to her husband as he went on program was started because we very high on their agenda, and then to the Constitutional Convention, ‘‘Do learned that if you catch a newborn some of the points that the gentle- not forget the ladies.’’ Unfortunately, I with hard of hearing very early, the woman has made, to cut out the re- think in time we did. chances of correcting it soars. Hearing sources needed for hard to hear chil- Certainly in this country not only screening for newborns wiped out. Can dren, and she mentioned child care, as were women not able to vote, but cer- you hear us, Mr. President? This is not I said. tainly those of us of African American a program to eliminate. It is not very What I would like to do this evening heritage know that we were two-thirds costly. It is very vital. very briefly is to add a personal note to of a person receiving more than a dou- Perhaps the greatest forgotten issue the concerns about maternal and child ble indignity as relates to women. of the Bush administration is health health block grants that have been cut So we know what it is like to care for the uninsured. Twenty million and Head Start that has been cut and, premise, if you will, our respect for of them are women without health in- particularly, child nutrition services, this month of women’s history to the surance. What does the President have which I find particularly important, in- fact that women have been a part of to give to them? A $1,000 tax credit for asmuch as I spent some time in my dis- the history of this Nation for a very individual coverage only. I hope you trict a couple of weeks ago visiting a long time. have a job so the tax credit can help school and participating in their school In doing and recognizing their his- you out. But even this $1,000 tax credit lunch program. tory, I am going to take a moment of will cover only 5 percent of the unin- personal privilege just to cite some of sured. b 1900 the individuals in my community who Women, of course, we are told in this Seeing the joy of the children par- have given of themselves. And I will House, particularly by our Republican ticipating in having a nourishing meal start with words from : good friends, are the fastest-growing and the equalizing of that nourishing ‘‘We want to be in control of our lives small business people. Indeed, they are meal by letting all the children have it. whether we are jungle fighters, crafts- about half of the small business people In fact, they gave me an assignment men, company men, gamesmen. We now, they have grown so fast. Why, which said that we should cut out low want to be in control. And when the then, would the President want to say, income and literally just give free government erodes that control, we are

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.177 H01PT2 H2044 CONGRESSIONAL RECORD — HOUSE April 1, 2004 not comfortable.’’ Those are the words actions? And she provides clothing and age them for the special insight that of the Honorable Barbara Jordan who toys for children from Easter to Christ- they bring to leadership in govern- does not fear holding the Constitution mas to Thanksgiving. She has never ment, the sensitivity, and the ability to its most important interpretations taken this attitude that the holiday is to bring peace over war and life over and that is that of freedom and that of for me. She has been out there in the death. the ability to be protected by a Con- front lines for children. Then finally to the international stitution that respects the will of the Ruby Carver, a World War II fighter, peace activists and heads of state that people. someone who was an enlisted woman in happen to be women. Might we encour- And so my tribute is to Barbara Jor- the women’s division in World War II. age you, even though this month is dan who lived amongst us, served the We honored her just a week ago. I am particularly related to the history of United States Congress, one of the first very proud of Ruby Carver, 84 years women in America, might we encour- to be elected from the Deep South, and, young, very proud that she stood as a age you to join us in this international of course, the first African American symbol of women’s involvement in effort of the empowerment of women so since Reconstruction to serve in the World War II. that we can join and link arms fighting . Mayor pro tem Carol Alvarado, who for peace. Whether it is the Pales- Sissy Farentheld who ran for Gov- is now serving us as the mayor pro tem tinian-Israeli conflict, whether it is in ernor in Texas more than 2 decades in the city of and someone Iraq or Afghanistan, or whether it is in ago, who was a pioneering spirit and who is not afraid of empowering His- the conflicts of Africa, South America one who did not in any way diminish panics and African Americans and or Caribbean, we ask the women of the her fight for justice and equality. women and fighting also to improve world to stand up and be counted and Ninfa Laurenzo, a prominent His- the rights of working people. And we join us and link arms to make this panic businesswoman who founded are proud of her leadership. place a better place. Ninfa’s Restaurant that still bears her Dr. Edith Irby Jones, a pioneering I thank the Congresswoman for tak- name, a civic leader, a philanthropist, physician, graduated from the Univer- ing the time to yield to us this evening and someone who understood the im- sity of Arkansas as the first African and taking the time to present to our portance of women’s involvement in American to graduate. Has been in colleagues the importance of women in business. practice for 50 years and has never Ruby Morly. How can I speak about a turned a patient away. the history not only of America, but of community activist, 70-plus years old, I Dr. Natalie Carrol Daily, likewise a the world. know she would not mind me saying. past president of the National Medical I am here tonight, joined by my colleagues Whenever there is a need for a senior Association and someone who has in the Congressional Women’s Caucus, to ask citizen in our community, Ruby Morly fought for doctors and the support of if women are indeed in control of their lives if is there. Medicare and joined me at my Medi- they cannot make their own decisions regard- Dorothy Hubbard who works in my care hearing just a couple of weeks ing their bodies. office, senior citizen, but takes no, if ago. Right now we have an Administration that you will, denial of a senior citizen’s Dr. Wanda Mott, not only a physician actively seeks to undermine a woman’s right right to Medicare and Social Security. but also a scientist, someone who to choose. They falsely claim to be doing this Ivalita Jackson, my mom, who spent knows and is at the cutting edge of in the interest of women and children, citing most of her life as a medical profes- medical procedures for women and has both the mother and child’s well being as jus- sional, as a baby nurse in hospitals, been one of the major doctors of the tifications for their actions. This same Adminis- who understands the importance of Texas Women’s Hospital. tration has frozen the Title X family-planning health care for women. Then we cannot close without ac- program in each budget for the last three Valerie Bennett, a businesswoman knowledging the many, many women years. They have also cut domestic-violence and my aunt, someone who impacted that get up every day to go to work prevention programs and frozen important pro- my life. and certainly those who have made our grams for women and children, including the Sybil Gouden, my aunt, another aca- job, our education opportunities their Maternal and Child Health Block Grant, Head demic background who likewise contin- number one priority, that is, the teach- Start, and child-nutrition services. ers of America, the teachers of Hous- ued to help children, young people seek By contrast, they have proposed more than ton, and the teachers of Texas and the education in higher education and im- doubling funding for unproven, dangerous ‘‘ab- teachers represented by many of the pacted my life. stinence-only’’ programs that censor health in- Representative , teaching organizations. We thank them formation from young people—and instead of the senior member in the State legisla- so very much. supporting programs that help women who ture in Texas who has been a champion Then as I close to be able to thank face violence, they have resorted instead to for human rights and who helped to simply the workers, women who work exploiting the issue for an anti-abortion polit- push into law the hate crimes legisla- every day in all the fields. Women who ical base. Just this afternoon, President Bush tion which is a model for this Nation. sometimes hit the glass ceiling, women signed the so-called ‘‘Unborn Victims of Vio- Representative Ruth McClendon who, who are in corporate management who lence Act.’’ This legislation would, for the first out of , is a fighter for jus- have every amount of ability to be time in federal law, recognize an embryo or tice. And we thank her for fighting CEOs and yet have not arrived there; fetus as a separate ‘‘person’’ with rights sepa- against the redistricting undermining women who are in academia and have rate from, and equal to, a pregnant woman. that was going on in the Texas legisla- every reason to be tenured and yet ture. have not arrived; women who are in the Raising awareness must be a high priority, Commissioner Sylvia Garcia, the crafts and have every ability to be fore- America must begin to take this threat very first woman to be elected to the Harris men, supervisors, but yet have not ar- seriously. On April 25, I will be joined by a mil- County Commissioner’s Court, cer- rived; women in the United States lion people who believe that our bodies de- tainly one who believes in women’s military who we are pulling for so that serve our choices, and that we must be in rights who has been an excellence rep- their dignity can be respected and that control of our lives, not the government. resentative of the empowerment of the sexual abuse that we have heard in Marching in front of the Capitol, we will make women. this past week can be corrected so that our voices heard that our right to choose is at Carol Mims Galloway, council mem- all of the military can be accepted for its most precarious point since over 31 years ber, who has championed the rebuild- their talent and be respected for their ago, when Roe versus Wade was decided. ing of neighborhoods. talent, as we do the fine men that are Our message will be clear: we will not tolerate Council Member Ada Edwards, who serving us. And hopefully as the days the persistent government attacks on women’s has fought continuously to engage go on, that they too will continue to health and reproductive rights. young people in the political process. rise in leadership responsibilities. I am pleased that for the first time in its 95 Lorugene Young. What can you say And all of the women that have year history, the National Association for the about a community activist who fights sought political office and still intend Advancement of Colored People (NAACP) not only with her words but with her to seek political office, might I encour- board of directors unanimously endorsed a pro

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K01AP7.179 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2045 choice march. The Black Women’s Health Im- produced most candidates, business, for the American Woman and Politics. perative has also signed on. These organiza- education, and law. And by definition, They are at Rutgers University. They tions are part of a growing majority that be- the thousand women and thousand men are part of the Eagleton Institute, and lieve contraceptive education and abortion were equally qualified. These were peo- over the years they have provided us rights for black and minority women must be ple who were at mid- or upper-career with very useful information in moving a priority. Unintended pregnancy rates for Afri- level. They asked them a number of forward to include more women in our can American women is almost three times questions to determine the differences political universe. the rate of Caucasian women, maternal mor- between them. So I thank my colleague from the tality is 4 times higher for African American One of the differences that was really District of Columbia for focusing on women than Caucasians. One out of four Afri- disturbing and chilling to me was that this important issue and for allowing can American women had less involvement when asked about their own qualifica- me to participate tonight. than they would like in decisions affecting their tions, the women in the study were Ms. NORTON. Mr. Speaker, may I health care, with only 73% of African Amer- twice as likely as the men to say about thank the gentlewoman from Illinois ican women receiving first trimester prenatal themselves that they were not quali- for coming forward to inform the care. fied to run for office. Now, as I said, by House of this intriguing study and for By making abortion illegal, we are going to definition these men and women were giving us I think some ammunition harm those who turn to back alleys and home equally qualified. about what our responsibility is. And perhaps even more disturbing, remedies to ‘‘fix’’ their situation, a scenario Women, in fact, need to be asked. It that sense of being not qualified in faced disproportionately by minorities and the seems to me there is some asking that twice the numbers as men ran across underprivileged. We cannot make abortion in- we all need to do; and you consider generations. The younger women were accessible, illegal, or shameful. We must that women are increasingly better as likely to declare themselves not stand up for women’s rights and let them qualified, by education, to hold office make informed choices. I hope you will join qualified as older women. So clearly we have a challenge before because they get more education. You me on April 25th to speak out against these us. What do we do to these qualified wonder what more do they need. injustices. women to make them feel that they I guess it is important information Ms. NORTON. Mr. Speaker, I appre- for us all to have, and it is challenging ciate the gentlewoman from Texas (Ms. are not so? But there was a hopeful part of that information, and I thank the gentle- JACKSON-LEE ) coming down to offer study. What it said was that the one woman for staying this evening to her comments on this important issue factor that was in some ways the most come forward. at this time, and I appreciate the qual- responsible for someone making the de- PARTIAL BIRTH ABORTION ity of those comments. cision to run for office was being asked I am very pleased now to be joined by Ms. NORTON. Mr. Speaker, a pre- to run for office, someone making the the gentlewoman from Illinois (Ms. vious speaker spoke of the March for suggestion. And they divided those who Women’s Lives that is coming forward SCHAKOWSKY) for whom these issues af- make the suggestion into formal actors fecting women and children have been on April 25 next month. That march is and informal actors. So, in other of priority and importance since she being sponsored by nonpartisan organi- words, if someone is asked by a formal came to Congress. zations, tax-exempt organizations. So actor, that being an elected official, a Ms. SCHAKOWSKY. Mr. Speaker, I they come forward not under any polit- party official or a political activist, to really appreciate the opportunity to ical banner, but they do carry a ban- run for office, they are likely to think come here to speak about women’s His- ner. of themselves as candidates or poten- tory Month and thank the gentle- They carry the banner of American tial candidates. woman from the District of Columbia women, and they fear for the right of for providing all of us with this oppor- b 1915 choice that women won only in the last few decades. They fear about the Su- tunity this evening. So to me that said, as a woman who preme Court and whether it will hold They do not call it ‘‘history’’ for is interested in getting more women in- fast or whether it will overturn its own nothing. In general, the history of our volved in leadership positions, what we precedents quickly. Nation and our world has been about need to do is to encourage women, en- ‘‘his’’ story, about men’s story. And it courage young women and women older Today, Mr. Speaker, the case on the is not surprising, as men have written than that to run for office, to put that partial birth abortion ban is being ar- history books and have been considered seed in their head and create really an gued in three separate jurisdictions at the leaders that books are written old girl’s network, if you will, that will the very same time. Here we have the about. bring women along to think of them- determination of some in the Congress And this is not meant in any way as selves as candidates. and some in the country to simply go an anti-male statement, just a fact We also need to, in this 21st century, back to where we were before Roe that most of history is about the lead- explore what are those situations, what versus Wade, and it looks like they will ership of men in our world. is the socialization process that ends not stop, no matter what the Supreme I wanted to just share tonight a up with women not feeling as qualified Court tells them. study that was done very recently by to run for office. The Supreme Court settled this ques- the Center for the American Woman These were women who rated the ac- tion in Stenberg versus Carhart, and and Politics, about why it is that more tivities involved in being a candidate when the Supreme Court speaks, we women do not run for political office. as being something they were even should usually respect the Supreme The premise is that study after study more willing to do than men; and yet Court, because the Supreme Court, has shown that when women run, when it came to that final question, do under the Constitution of the United women win in the same numbers that you see yourself as qualified to run for States, is the final arbiter of constitu- men do. office, twice as many women as men in tional right. That is the difference be- And, yet, if you look at this wonder- this pool said they were not qualified. tween us and many other countries, be- ful body, our august House of Rep- So this is a challenge to us, to men cause the Constitution says you must resentatives, we are about 14 percent and women alike. If we want to have respect certain rights even if the ma- women. And the same is true of the the kind of diversity, if we want to jority does not agree, but of course, United States Senate. And so the ques- have the benefit of women’s leadership, when it comes to choice, the majority tion really is why do we not appear in then we are going to have to build in does agree. greater numbers and why do more the systems that do that and the sup- Of course, late-term abortions are women not run since they have equal port networks that will encourage controversial, and this bill would not opportunity to win? women so that we have the kind of be controversial if it did not overstep. So they did this study and what they equality as we move forward in this Under Roe versus Wade, of course, the did is they created what they called an century. State may regulate the third tri- eligibility pool, 1,000 men and 1,000 So I wanted to share the outcome of mester, but that is not what is at issue women who were from the fields that this wonderful study. It is the Center in Stenberg versus Carhart.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AP7.135 H01PT2 H2046 CONGRESSIONAL RECORD — HOUSE April 1, 2004 This law is worded, it would seem, It would seem that by now everybody Nurses have to work on weekends, do deliberately to trap the second tri- would agree that it is time to make not enjoy holidays. It cannot go on this mester as well, the trimester where, of sure that the typical protections in- way forever. An easy way to right that course, women are freer than they volving the groups that are most likely wrong is raise the pay. would be in the final weeks. Under the to experience discrimination would I am an attorney. I have to tell you wording of this law, it is as clear as find their way into the Equal Pay Act. that this profession has been overpaid day that beginning in the 13th week A very important part of the Act since it came into existence. Pay has procedures that are the most com- would keep a person from being pun- nothing to do with the worth of law- monly used could not be used without ished or being fired for discussing her yers. What it does have to do with is risking prosecution. salary or his salary in the workplace that it has been a male profession. I The fatal flaw in the bill, of course, is with others. This is a favorite ruse of joke with my friends who are lawyers that there is no health exception. So many employers. They do not want col- that as there are more women in the no matter how grave the risk to the leagues of one another to know what legal profession we are going to drive health of the woman, a woman would they make because, if they do, women down the wage because it will be seen not be allowed to have an abortion, as might say, I do not know why this man as a woman’s occupation. it turns out, under this bill, beginning is being paid more than I am. Very seriously, the occupations that with the 13th week, as it is worded and A woman should be protected. If she concern me most are occupations that certainly not beyond. goes to a man who is doing a job like the society perhaps most depends upon: I think that the American people are hers or unlike hers and says, could I people to teach our children, nurses depending on a Supreme Court that ask you what is your wage, what is who in a very real sense are more vital will, in fact, respect the constitutional your salary, there is no such protection than doctors today because of the rights the Court itself has indicated now, and a woman could be fired for breadth and depth of the health care are there for women. I want to quote discussing or inquiring of the wage of tasks they perform, social workers be- from what the Supreme Court indeed another colleague. cause there are so many parts of what said in the Stenberg decision to indi- Along with Senator TOM HARKIN, I the society needs that have now inte- cate why I really do not fear that the have introduced the Fair Pay Act. Just grated their skills. law that has just been passed, and in- as the Paycheck Fairness Act updates We are in very deep trouble when deed I think was signed today by the the Equal Pay Act, our bill would up- people abandon these professions. We President, I do not fear that that law date the equal employment oppor- can recruit all we want to. We can will be overturned by this Court. I do tunity, Title VII of the 1964 Civil preach all we want to. The way to get fear we could get a different Court, and Rights Act, so that jobs that have the men and women into these professions that is something that every woman in same skill, effort and responsibility is to pay these professions what they America, when she goes to the polls in would have to be paid the same. are worth. November, should bear in mind. Today, there are women doing work This Court has said the following, Under our bill, a person could sue if, of equal value to the work of men who and I am quoting: in fact, in the same workplace some- are being paid grossly differential sala- ‘‘Using this law some present pros- body in a comparable job was not paid ecutors and future attorneys general ries. For example, a man and a woman for reasons of sex the same as that per- may choose to pursue physicians who both graduate from college at the same son. You would have to prove it. The use the most commonly used method time. He becomes a probation officer. burden would be on you. This would for performing previability, second tri- She becomes a social worker. Guess not change our economic system in any mester abortions. All those who per- who makes the most money? It would way. be very difficult to make the case that form abortion procedures using that b 1930 method must fear prosecution, convic- his job as a probation officer is more It fits right into the way in which tion and imprisonment. The result is difficult than her job as a social work- title 7 requires that you prove dis- an undue burden upon a woman’s right er. crimination, and here you would have to make an abortion decision. We must The reason for the discrimination is to prove that the difference in wage is quickly find the statute unconstitu- that we still have sex segregation of based on discrimination. Because the tional.’’ jobs in our society, jobs that are essen- The court has spoken. Trying to tially for women and jobs that are es- difference in wage can be based on any overturn the Supreme Court does not sentially for men, and the jobs that are number of factors, and the burden work in our system. Let us hope that for women are paid often according to would be on the women. whatever the Court says this time is, gender, as opposed to the job to be In case you think this is a far-out in fact, respected. done. idea, let it be known that 20 States have already done wage studies and ad- EQUAL PAY FOR WOMEN Women work in essentially three Ms. NORTON. Mr. Speaker, I am a fields: clerical, sales and factory jobs. justed the wages of women State work- former chair of the Equal Employment You will find that where women are ers based on those wage studies that Opportunity Commission, so I cannot bunched together their salaries are showed that the wages of women were let this hour go by without saying a lower than men who do comparable out of whack because they were word about perhaps the right that most jobs. As a result, the society is flailing women. In these States all over the women depend upon today and recog- around looking for women in the tradi- United States, not following any par- nize today and that is the right to tional women’s occupations: teaching, ticular pattern, north, south, east, and equal pay. nursing, social work. Women are flee- west, the wages have been raised for This Congress has not looked at the ing those occupations, for no reason women who were teachers, nurses, cler- Equal Pay Act since it was passed 40 other than they are going where the ical workers, and librarians simply years ago in 1963, more than 40 years money is. Nurses are becoming doctors. based on looking at the skill, effort, ago now, and yet we are in a different Social workers are becoming lawyers. and responsibility of the jobs they per- world, with women with different aspi- Heaven knows who is going into teach- form. rations and jobs totally different from ing today when we most need them. The evidence that women are con- what they were at that time. People who get educated are not tinuing to be paid less is rampant in To that effect, many women and men going to continue to join professions our society. The favorite I would cite is in this body are trying to update the that do not pay them according to Wal-Mart, because it is the largest cor- Equal Pay Act with a Paycheck Fair- what they are worth. Because women poration and the most expanding cor- ness Act. The Paycheck Fairness Act is have filled very vital occupations in poration in our country and women not a very radical piece of legislation. our society, this is dangerous indeed. there make $1.16 per hour less than It would add national origin and race One has only to go into the hospitals of men. Is that why the prices are so low? to the Equal Pay Act. The Equal Pay America to understand what pressure Are they saving on what we spend on Act bars unequal pay on the basis of we are under. We cannot get enough the backs of their own women workers? sex alone. nurses. There are strikes at hospitals. That is worth finding out.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.182 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2047 Mr. Speaker, finally, I want to say a course is what Dr. Height has done for for our children. Women want a secure retire- word about poor women, because there most of her life. She is now 92 years ment, the freedom to make the most of our is so little discussion about women who old. Why America was justified in lives and to make our own choices, and the do not work and want to work. I am awarding her the Congressional Medal chance to shape the future of our Nation. very concerned about the TANF bill. of Honor is she has managed to fight Yet in terms of policies to assist women, we About the most important thing that with great strength for African Amer- are lagging behind. Half of those currently liv- happens to a woman who becomes preg- ican women while preaching the mes- ing in poverty are single mothers. More than nant before marriage is that she wakes sage of inclusion and brotherhood and 3.8 million women are looking for work. up and understands that there is some- sisterhood of all people at the same Women are still paid only 80 cents to a man’s body she is responsible for besides her- time. They are not contrary messages, dollar. And the Republican controlled Con- self. It is an extraordinary awakening but there are few who have been able to gress and the Bush administration continue to that occurs and maturity for such a bring them forward and make them be- wage an assault on our reproductive rights, woman. And I have seen what women lievable to those they reach. believing they can make better choices than are willing to do after the birth of such I am particularly grateful as a young women and their doctors. a child that they were not willing to do woman when feminism emerged that To open doors of opportunity for women, I before, and one of those things is to go Dr. Height was one of those feminists am proud to support policies in Congress that to school. who made black people understand promote equality such as the FAIRNESS Act, I cannot for the life of me understand that as white women came forward and which protects workers from discrimination on why the TANF bill that we passed demanded their equal rights, that that the basis of race, age, disability, or gender. I would not allow a woman to work part took nothing from black people; that have long been a strong supporter of legisla- time and go to college part time if she their own movement for full equality tion to demand equal pay for equal work. My had the gumption and the energy to do was a movement that called forth uni- colleagues and I support legislation to in- so. I do not know what we expect. versal principles; that black women crease the minimum wage to help single Should she go off TANF and work at a had much in common with white mothers and working poor women provide minimum-wage job, or one close to women; and that this was not a cause adequately for themselves and their families. minimum wage for the rest of her nat- for the two to be in dispute, but rather In every field, we must and will be equal ural life? How does that help the chil- to be in coalition. partners in determining the future. Women dren? The world does not have enough lead- represent more than half the population and The whole point of this bill was to ers like Dorothy Height. That is why are among the most knowledgeable and im- bring greater responsibility and to en- we extol them when we find them: the portant thinkers in every field of policy, from courage people to take that responsi- Mandrels of this world, the Martin Lu- science to education to health care to national bility or we were not going to pay for ther Kings of this world, and, yes, and security. them. About the best way to take the Dorothy Heights of this world. Women in government have made great greater responsibility for yourself is to Mr. Speaker, I appreciate that we gains but still face continued challenges. educate yourself and make sure you have been granted this time so that When I was first elected to Congress in 1987, can support yourself decently, not just American women understand that there were only 16 women in the entire House support yourself. What have we done? March would not go by, for those who of Representatives and only 2 in the Senate. We have increased the work hour re- expected women to come forward in Today, there are 62 women in the House and quirements to 40 hours per week and this House and commemorate Women’s 13 in the Senate. then limited what counts as work. It is History Month, that that month would However, of the nearly 12,000 Members penny-wise, pound-foolish, and cruel. not go by entirely without us remem- And, Mr. Speaker, one thing we are bering that this House, this Congress who have served in Congress throughout his- not going to let this House forget is must never forget its women; that we tory, only 209—less than 2 percent—have that the Republicans in this House must never forget the women of the been women. From 1916, when Jeanette killed the child care credit for poor world. And one way in which we indi- Rankin of Montana became the first woman women and poor families; that those cate that women are always on our elected to Congress, until I was elected families that earn between $10,000 and minds is to choose a month where we Democratic Whip in 2001, no woman had ever $26,000 a year, including military fami- talk about them. served in the top Congressional leadership. lies, cannot get that child credit. That We have been talking about women In March, it was my privilege as House issue is not going away. We are going throughout this House. We have been Democratic Leader to honor three magnificent to carry it to the American people. We talking about their issues. It was time women: journalist Mary McGrory, the late Con- are not going to let this House forget it to talk about women on the floor of the gresswoman Mary T. Norton and civil rights until we have made good for those who House of Representatives this very leader Dr. Dorothy Height. most need the child care credit. evening. On March 2, I hosted a reception for Mary Mr. Speaker, I want to close simply GENERAL LEAVE McGrory, the pioneering reporter for the by paying tribute once again to Dr. Ms. NORTON. Mr. Speaker, I ask Washington Star and Washington Post who Dorothy Height and thanking the Con- unanimous consent that all Members has delighted so many readers and inspired gress of the United States for confer- may have 5 legislative days within so many women. For more than 50 years, she ring on Dr. Height the Congressional which to revise and extend their re- has walked the halls of Congress, interviewing Medal of Honor. marks and include extraneous material Members, covering Congressional pro- Dr. Height was for many years a resi- on the subject of my Special Order this ceedings, and providing a voice for progres- dent of the State of New York. It is my evening. sive issues. First, as a reporter for the Wash- great good fortune that a few years ago The SPEAKER pro tempore (Mr. ington Star and then with the Washington she moved to the District of Columbia OSE). Is there objection to the request Post, she earned a reputation for her brilliant and has become my constituent. of the gentlewoman from the District reporting and her ability to get to the heart of This is an American who richly de- of Columbia? any debate. She also earned a Pulitzer served the honor she got last week. She There was no objection. Prize—the first to a woman for commentary— has spent her whole life doing what Ms. PELOSI. Mr. Speaker, in March, we for her coverage of Watergate. many leaders have found difficult to celebrated Women’s History Month. We re- On March 18, several women Members do, fighting for a particular group membered those who have contributed to our gathered in my office to unveil a portrait of the while bringing people together. It is progress, we recognized those who are late Congresswoman Mary Norton of New Jer- easy enough to fight for your own changing our communities today, and we re- sey, who in 1924 became the first Democratic group. To a black woman, nothing is dedicated ourselves to improving the lives of woman elected to the House. She was the easier than for me to get up and talk women. first person in modern times to chair three about black women and what they need Women want what men want: a fair oppor- major committees. A solid supporter of Presi- and what has been their history. tunity to succeed, a safe and prosperous dent Franklin Delano Roosevelt’s New Deal, As the president emeritus of the Na- America, good paying jobs, better access to her finest hour may have been passage of the tional Council of Negro Women, that of health care, and the best possible education Fair Labor Standards Act of 1938, while Chair

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K01AP7.184 H01PT2 H2048 CONGRESSIONAL RECORD — HOUSE April 1, 2004 of the House Labor Committee. She was in- problem in the United States. He has ple who are violently trying to over- strumental in raising the minimum wage from been a valuable member of this sub- throw their government. Any poll will 40 cents to 75 cents per hour. committee from the time he got here, show any numbers in the group, and a In a marvelous ceremony in the Rotunda of an aggressive member. We have held number smaller than our prison popu- the Capitol on March 24, Dr. Dorothy Height several hearings in California with lation in all but a few States even, let received the Congressional Gold Medal, the him. alone our country. They are people who most distinguished award bestowed by the And I want to personally thank him are thugs who have not been captured, U.S. Congress. The struggle for equality in and tell him how much he will be and they provide protection and are in- America in the 20th century—for civil rights, missed, since he has chosen to leave creasingly taking over the production for women’s rights, for voting rights, for human Congress, because we really need peo- of cocaine. rights—is the story of Dr. Height’s life. At age ple of his expertise and his commit- Ninety percent of our cocaine comes 92, she remains a beacon to her own genera- ment. Thank you very much. from Colombia; the heroin, and most of tion and generations to follow. Countless Mr. Speaker, there are a number of our heroin in America comes from Co- young people have been inspired by her ideal- issues on narcotics I am going to talk lombia, and they manage a lot of the ism, strengthened by her courage, and guided about tonight. We have had a busy networks for the marijuana distribu- by her faith. She has empowered these young number of days here in Washington on tion as well. But that was not always people to make a difference by her own pas- this subject, and I want to start first the way in Colombia. Colombia has sion for justice. with Colombia, where we have the larg- been destabilized because of our use of It is a great honor to be the first woman to est investment in the narcotics effort. narcotics in the United States and in lead a party in the House of Representatives. Just not that many days ago, Presi- Europe. When I was first elected to that position, we dent Uribe, the President of Colombia, Colombia is a beautiful nation for made history. Now we are making progress. was here. He met with leaders on both tourism, with Cartagena and many cit- As we celebrate the achievements of women sides of the aisle. He met with the ies along the coast. This is the Amazon throughout history and work toward progress Speaker’s Drug Task Force, which I co- basin here, feeding into the Amazon of our own, we are inspired by the words of chair; and we had the opportunity to River. You have, in the darker green, Eleanor Roosevelt: ‘‘It’s up to the women!’’ hear what is interestingly one of our beautiful areas of rain forest in that Ms. SOLIS. Mr. Speaker, for over a decade, great success stories. basin. These are the start of the Andes Women’s History Month has celebrated the In the area of narcotics, it is not pos- Mountains, beautiful high mountains. achievements and accomplishments of women sible ever to totally defeat the drug Up along the border with Venezuela we nationwide. The incredible contributions problem in America because every day see Lake Maracaibo, the big piece of women have made in politics, science, art, new people are exposed. We are dealing water coming in, and Venezuela there and activism, demonstrate some of the revolu- with fundamental human weaknesses. is one of the richest oil areas in the tionary advancements in American women’s But we can either make progress or we world, which is also true down in Co- rights. Women today follow in the footsteps of can go back. We were making progress lombia. pioneers such as Elizabeth Cady Stanton and for nearly 10, 11 straight years when We spent, with American tax dollars, Alice Paul, who fought for women’s right to Ronald Reagan implemented a policy millions to try to protect that pipeline. vote in 1920, or Dolores Huerta, a contem- of ‘‘just say no,’’ articulated so ably by Colombia was our eighth largest sup- porary champion of women’s rights. the First Lady. plier of oil. More than Kuwait. But it We must continue to create platforms for We, in fact, made tremendous was stopped as narcoterrorists came in women’s voices and opinions and support a progress. It was not just a slogan, just and started breaking the pipelines to continuing momentum toward women’s free- say no, but that was the message com- try to deny the government of Colom- dom and equality. During this month and municated to young people and people bia the ability to function. The oldest throughout the year, women all across the across the country. There was an ag- democracy. United States should take a moment to recog- gressive effort to cut the sources of Anybody who has seen the fiction nize the gains afforded to them through their supply, interdiction, law enforcement, movie ‘‘Clear and Present Danger’’ has predecessors’ hard work and unwavering com- along with efforts in communities at least a fiction version of the vio- mitment to improving the lives and rights for around the country to just say no and lence that took place there, and an un- all women. then help those who fell into drug derstanding of when the Cali and As a Latina, and one of 16 million Latinas abuse. Medellin cartels were dominating the nationwide, I recognize some of the unique As we backed off of that in the early country what that was like. They basi- and continuing societal obstacles for Latinas— to mid-1990s, and sent a different mes- cally corrupted the government, killed like unequal pay, educational disadvantages, sage of ‘‘I didn’t inhale,’’ and cut back lots of the judges, killed 30,000 police- unmet health care needs, and civil rights interdiction efforts, cut the drug czar’s men, which is the equivalent of an in- struggles. I am certain, however, that through office from 120 employees down to credible number in the United States. the work of courageous leaders in our commu- about 30 employees, we saw such a But they had oil. They were a rich oil nity, our accomplishments and contributions surge in drug use in the United States country. as women of color will continue to grow well and narcotics in the United States that This area in here, and in some of the into the future. it would take a 50 percent reduction other multiple other zones, is of course Together, women will continue to make the from the 1993–94 levels, at the peak of the richest coffee area in the world. difference. the kind of drug revival in America to You hear about Colombian coffee. If Ms. NORTON. Mr. Speaker, I yield get back to where we were in the 1990– you have emeralds, they come from Co- back the balance of my time. 91 era. lombia, odds are, unless they are fake. f In the latter years of the Clinton ad- Gold. They have gold there. Most of ministration, and since President Bush our flowers that we buy in the United NARCOTICS IN THE UNITED has taken office, we have had a steady States come from there. If you fly into STATES reduction in drug use in junior high, the beautiful city of Bogota, in the The SPEAKER pro tempore. Under sophomore year in high school, senior lower parts of the Andes, you will see the Speaker’s announced policy of Jan- year in high school; and we are making just acres and acres and acres of places uary 7, 2003, the gentleman from Indi- steady progress. We have also had dra- growing flowers. Many of the super- ana (Mr. SOUDER) is recognized for 60 matic changes in the country of Colom- markets, the major chains bring that minutes as the designee of the major- bia. in. I have heard a figure as high as 70, ity leader. Let me briefly refer to this map of 80 percent of the flowers sold in Amer- Mr. SOUDER. First, Mr. Speaker, let Colombia. Colombia is a large country, ica come from Colombia. me thank tonight’s Speaker pro tem- the oldest democracy in South Amer- It is a stable, solid, economic coun- pore, the gentleman from California ica. We often hear about its civil war, try. That is not even mentioning tex- (Mr. OSE), for his leadership in Con- but it is a civil war with thugs. It is tiles and other industries there. It is gress on the issue that I am going to not a civil war in the sense of a tradi- the oldest democracy that has been address tonight, which is our narcotics tional type of civil war. These are peo- wrecked by us and by others. Now, as

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AP7.139 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2049 these cartels have had an impact, it That is not the case here. They are oin was so stockpiled that we have not has destabilized their political system. dying because of our drug use, and seen all the results yet, and we need to b 1945 what we are doing is supplying them start to see results on the street prices with the training and the backup to do and supply in the United States. What we have done is ramped up this. But we have also had other successes. what we call the Andean Initiative to What has happened with this, and Roadblock-type kidnappings are down not only cover Colombia but Peru, Bo- particularly with President Uribe’s ag- 78 percent. Bank robberies are down 69 livia and Ecuador with some help over gressiveness, is that they are now not percent. Extortion kidnappings are to Brazil on the far side and some to just eradicating the coca crop once, down 64 percent. Massacre events and Venezuela on the top and some to Pan- they are eradicating it three times. Be- victims are both down 43 percent. ama on the sides, but we have mostly cause coca, and the equator is down Homicides are down 17 percent. The got it concentrated in Colombia. more in this area, somewhere in this 2003 homicide rate is the lowest rate re- What we have seen as Congress ap- zone, it is just among the best places in corded since 1987. The rule of law and propriated additional dollars, our peak the world to grow this type of crop. the power of the Colombian judicial was probably $800 million a year, of You have elevation for heroin poppy, system have improved markedly. Their which about 60 percent was for eradi- you have lots of rain, it can grow and commitment is in evidence every day. cation efforts, 40 percent was to help plant multiple times a year. So unless This is important, because for the rebuild their infrastructure, police you are really committed, you can do first time in the populous areas of Co- forces, law enforcement, alternative this token stuff. We sprayed it, we lombia for decades they are getting development and other things like eradicated, yeah, but they got two stability. I had one meeting in my of- that, that coca eradication in this past more crops in that cycle. The question fice with a Colombian-U.S. business year, after several years of this aggres- is, did you hit all three? group, and they got a phone call be- sive pressure and with the brave presi- Now, with adequate funding, we are cause at the school there where most of dent of Colombia, President Uribe, hitting all three. We are going after their children go in Bogota, there had when I say brave, what I mean is this: them, President Uribe is going after been a kidnapping that day. I think it His father was assassinated by the them, and now alternative develop- was in Bogota as opposed to Medellin, drug dealers in Colombia. He has had ment can work. but whichever city it was, there had multiple threats on his life. When I was If on a street corner of the United been a kidnapping where the FARC and there along with the gentleman from States you can make $400 as a lookout the narcoterrorists had blocked off a Massachusetts (Mr. FRANK) at the for a drug group, it is pretty tough to bridge and got a young mother with swearing in and the inauguration of talk you into working at McDonald’s her daughter. They all knew the per- President Uribe, they attacked us. The for $5.50, if you can get $400 with no son, they were all relieved that it was two of us would have just been a foot- risk. But if there is a risk you might go not their family, but can you imagine note if we had died because there were to prison, if there is a risk you could living with that every day about the many others there, too. But, as we left, get shot in a drug shoot-out or some- kidnappings? we heard this big boom. I remember thing, then maybe you will take the $5 Three different groups, ELN, the the gentleman from Massachusetts job. We cannot pay everybody what the FARC and the so-called paramilitary saying, ‘‘I’ve never heard of a one-gun drug dealers can pay them, but with groups are all practicing now, man- salute.’’ We were supposedly inside a this pressure we are seeing alternative aging drug trafficking and the kidnap- perimeter of roughly 10,000 soldiers development start to take place. ping. They are finally meeting a gov- protecting us, but they had launched Let me give you some of the good ernment that is committed and going Howitzers from about a mile and a news from Colombia. after them. We are supplying the as- quarter away. Coca eradication has increased 57 sistance to do it, not boots on the At first they went one way off, then percent and poppy eradication 27 per- ground in battle but providing the they went in the other direction off, cent. In some areas, they eradicate technical assistance to keep the heli- then they hit a housing complex and crops by hand. In other areas, with the copters up. killed a bunch of people, then they hit assistance of the U.S. Department of Our total investment in this battle the corner of the presidential palace, State Air Wing, a precise aerial cam- when it is directly related to the but by that time the helicopters and paign surgically targets and destroys United States and our hemisphere is everybody were on them so we were illicit crops. The chemical used is the 400, proposed to increase to 800. It is spared. But they tried to kill him on same available to Americans for use at nothing. We have got that all over the his inauguration day. There is a mul- home from hardware stores. world, and they are not on the front tiple-million-dollar price on his head or By the way, they use the same thing lines getting shot at. The ones that got his family, yet he carries on. we spray with to put around their crops captured were doing backup, and the Vice President Santos was kidnapped to kill weeds. So if it is a problem when FARC basically got them by accident, by the drug traffickers. He escaped. He we spray to kill the coca, it is a prob- shot them, kept them and killed some. was a newspaper publisher-editor in Co- lem to go to any grocery store in any We are trying our best to get them out. lombia. He escaped from the drug traf- nation of the world because it is the But they are not out there. They are fickers, came back and decided to run same stuff. It is not dangerous stuff. not the ones in the front lines doing for office. That is one of the tremendously wrong the fighting or getting shot at like in That is what you call two committed rumors that spread, and it is not help- Iraq because the Colombians them- people, when they are so willing to ful for people to not tell the truth selves are doing it, and we have been stand up to the drug traffickers. Even about this stuff. accurately and thoroughly training when they have had their family killed In drug seizures, coca base seizures their forces, that they have basically and they personally have been kid- have increased 813 percent, heroin sei- taken back their country. Seventy-four napped and have the threats on their zures have increased 296 percent, drug percent reduction in road attacks, 67 life, they are standing there fighting. labs detection and seizures have in- percent reduction in bridge attacks, 67 This is not Vietnam. This is not a creased 321 percent. In Bogota alone, percent reduction in electric infra- country where we are asking, will they 2.8 tons of drugs were confiscated. structure attacks. help? Will they do their share? This is These seizure statistics are exclusively It is pretty tough, as we are seeing in not, quite frankly, even what we see in credited to the Colombian National Po- Iraq. If you cannot get your electric Iraq right now or Afghanistan right lice and Armed Forces. Their commit- system to work, if you cannot make now, where we wonder sometimes ment is in evidence every day. sure that the bridges are working which side the Iraqi police are on. Interestingly, even more important across a river, if you cannot make sure When we see that incident the other in one sense, it is very important that that people can drive down the high- day, it is like, Why were you standing we control the coca and heroin, but way, it is pretty tough to establish law there when they were killing American long-term we have to have some sta- and order in a country. It is pretty contractees? bility. Quite frankly, the coca and her- tough to make sure that alternative

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.185 H01PT2 H2050 CONGRESSIONAL RECORD — HOUSE April 1, 2004 developments, palm heart or soybeans the Presidential Medal of Freedom The UNODC concluded that out of or bananas or whatever you are grow- from former President Bush, better this drug chest some provincial admin- ing, can get to market if you are going known as Bush 41, he said about her: istrators and military commanders to be kidnapped, the bridge is out, the We will never forget her courage in take a considerable share. Terrorists electric system is knocked out. So it is helping forge a great coalition against take a cut as well. The longer this hap- really important that we have had this the aggression which brutalized the pens, the greater the threat to security type of success in Colombia, and it is Gulf. Nor will I forget one special within the country and on its borders. something we can brag about. phone conversation that I had with the What we focused on in the hearing They now have in every single metro Prime Minister. In the early days of this morning was that the British-led area now a Colombian National Police the Gulf crisis—I am not sure you re- effort on eradication of opium poppy is presence. That is an extraordinary member this one, Margaret—in the stalled just as the opium harvesting jump from just a few years ago that early days of the Gulf crisis, I called season in the south of Afghanistan is along the Putumayo that we are fi- her to say that though we fully in- upon us. nally seeing some order. tended to interdict Iraqi shipping, we We also took our U.S. Defense De- Part of our problem, what is difficult, were going to let a single vessel head- partment to task as well because they is that as we establish order in the pop- ing for Oman enter port down at have not been going after some of the ulated areas, they are pushing into Yemen, going around Oman down to storage centers and other things and that Amazon jungle. The biggest threat Yemen—let it enter port without being the British had complained to me in we have to the rain forests of South stopped. And she listened to my expla- London, both in their military depart- America are from narcotics and coca nation, agreed with the decision, but ments and in their intelligence areas, and in particular labs. Because when then added these words of caution, that we had not been committed to cer- you fly over, you see the chemicals words that guided me through the Gulf tain eradication efforts. At an inter- pouring into the rivers. It is not timber crisis, words I’ll never forget as long as parliamentary conference twice in the cutting that is the biggest threat. It is I’m alive: ‘‘Remember, George,’’ she last 2 years they have complained narcotraffickers that are the biggest said, ‘‘this is no time to go wobbly.’’ about American enforcement, and here The question is, as we are reaching a threat. Furthermore, what happens is we seem to have some wobbling by the very critical point in Afghanistan, they will move these people. British and we are trying to under- have the British gone wobbly? There is a national park in Peru that stand what exactly is happening here. Let me say, as we have repeatedly is having a similar problem. They are It does not appear to be Prime Minister said, the British are our best friends in worried about Ecuador. But in the na- Blair or Mr. Straw, it does not appear counterterrorism; and they have been tional parks in Colombia, they will to be the guys precisely on the ground, the ones who have been most aggres- move out there with their labs, move but somewhere in the middle here they sive about going after heroin in Af- farmers out there, often under forest or have put a hold. ghanistan. What do I mean by a hold? The As- some with lure of high pay. They will Let me share a couple of introduc- then establish a colony out in the rain sistant Secretary of State for Nar- tory points on this. Last year’s Afghan cotics, International Narcotics and forest. Then when we say we want you opium production was the second high- Law Enforcement, who oversees not to do alternative development, they est on record. That is a sobering fact if only Colombia but the efforts in Af- will go, there is no road. Of course you think about it, because that means ghanistan and not just the anti-nar- there is no road. They are carving land- if it is the second highest on record, it cotics efforts in Afghanistan but this ing strips in national parks and plant- is the second highest while we were agency oversees all the law enforce- ing illegally in national parks and then there and the British were there, ment efforts in Afghanistan, I am they complain to us that we can’t do opium production went to the second going to read some of his testimony alternative development. They cannot highest on record. According to data from today: be there. That is not a logical market- and maps provided to the sub- Initial reports just in from the field based thing, and that is a hard thing to committee by a U.S. intelligence agen- in Afghanistan, this is as of even yes- say when we deal with alternative de- cy, Afghan opium poppy cultivation is terday, indicate that we could be in the velopment, but it is the truth. soaring and the estimates of hectares path for a significant surge, some ob- So Colombia is a success story. It under cultivation are now approaching servers indicate perhaps as much as a does not mean every day it is a success. the highest level of past production. 50 to 100 percent growth in the 2004 It does not mean there are not attacks. I am concerned because over 20,000 crop over the already troubling figures It does not mean that we have elimi- Americans die every year from drugs from last year. By these estimates, un- nated coca and heroin, but Colombia is and 7 to 10 percent of heroin sold in the less direct, effective and measurable a remarkable success story. U.S. is traced to the Afghan region. We action is taken immediately, we may If we remain firm and President do not really know exactly how much be looking at well over 120,000 hectares Uribe remains firm, we are at a very, it is. It may be higher than that. We of poppy cultivation this year. as the drug czar, the director of the Of- know at one point it was 50 percent, fice of National Drug Control Policy, but right now the problem in Colombia b 2000 John Walters, says and all those in- is that the heroin seems to be coming ‘‘That would constitute a world volved, we are at a tipping point, that in from there and most of the Afghan record crop empowering traffickers and if we keep this pressure on, we may see heroin seems to be moving to Europe. the terrorists they feed, raising the successes like we have seen in Bolivia, But if this much comes to market, it stakes for and vulnerability of Afghan Ecuador and Peru which, by the way, will pour into the U.S. and drive prices democracy, and raising the supply of the old idea of the balloon that if you down, so even if we succeed in Colom- heroin in the world market.’’ squeeze one place, it is going to pop bia, Afghanistan is going to overrun us. Assistant Secretary Charles contin- out, we have squeezed it in and we may The United Nations Office on Drugs ued: ‘‘Even more disturbing, these re- be at a historical tipping point if we and Crime, UNODC, has conducted an- ports indicate that the clock is ticking just stay the course. nual opium poppy surveys in Afghani- faster than many anticipated due part- Next I want to touch on Afghanistan. stan since 1994. The 2003 survey shows ly to warmer than expected weather in Earlier today we held a hearing on Af- that Afghanistan again produced three- southern and eastern Afghanistan. As a ghanistan entitled ‘‘Afghanistan: Are quarters of the world’s illicit opium direct result, the time for action may the British Counternarcotics Efforts last year. In other words, Colombia is be shorter than anyone anticipated. I,’’ Going Wobbly?’’ only really supplying opium to us. Af- Assistant Secretary Charles, ‘‘have re- Where did we come up with the ex- ghanistan is supplying the rest of the cently learned in the U.N. Office of pression ‘‘are the British counterdrug world. That is not true of cocaine. Co- Drugs and Crime that they expect the efforts becoming wobbly?’’ Let me say lombia supplies cocaine to the whole unusually warm weather in southern a couple of different things. world, but in heroin we get it from Co- Afghanistan will result in an early har- First off, the expression comes from lombia, it appears, and most of Afghan vest which in some provinces has al- this. When Margaret Thatcher received heroin covers the rest of the world. ready started.’’

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.187 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2051 What does this mean? It means that potent highly, what we would call war getting their guns. What kind of non- they were projecting we had several lord areas, is a problem. sensical argument is this? We need more months to complete an eradi- Let me finish my other point with boldness now, not wobbliness, out of cation project and they need to go now, the British in the flowering at the last both the United States and Britain. not later, now; and that if we do not minute. As Secretary Charles said And as far as the American Govern- move now, the whole cycle, which nor- today, this would be roughly akin to ment goes, we will soon be having a mally would go into fall, is going to be not apprehending a drug cartel person hearing with our Department of De- moved up, and if my colleagues see Af- as they were bringing the money into fense because we finally got, at least it ghanistan there, the southern half the bank because they put up the appears, at least a regional memo in roughly going up to the east side, 58 whole network, they grow it, they dis- Afghanistan where they finally are percent of opium eradication is sup- tribute it, and now they are ready to saying if they find drugs and drug para- posed to be done by the British, 42 per- deposit the money and they are phernalia on people they capture, they cent by us. Because the British are in nabbing them then. They should have should seize it. But they still have an the south in the Pashtun areas and got them at the beginning, not when order that says that they cannot use where it is warmer and also less moun- they are getting ready to put the our military to eradicate. And in re- tainous. The mountains are not as money in the bank. So why do they not sponse to my question to Assistant high. It is warmer. So the opium is just let them go? I mean, the logic of Secretary of State Charles today where flowering now. And in the north, where this is crazy. This would be as some- I said if they see stockpiled labora- we are more in charge of eradication body does all the work to lay out a tories which the British have been largely in Tajek areas, but other areas bank robbery, they conduct the bank criticizing us for not going after, does as well, starting May 1 we will start robbery, they steal the money, and the Department of Defense tell the De- our operations and moving in. then we get them at the tail end, but partment of State or DEA or anybody Here is some of the political di- they put all that work in. I do not that they are there so somebody else lemma. The British for some reason, in know if we should stop them. can go get them? Because if the De- kind of a bizarre position, seem to be Furthermore, this is not benign. The partment of Defense has decided they saying, and this is literally what we heroin poppy where we are trying to be are too busy trying to get bin Laden, heard from Secretary Charles under so generous, apparently, and not eradi- which we all agree that we have to get questioning today, is his understanding cate because we do not want to deprive the terrorists, but we also need to get was they said, Since we did not get the the farmers of their income is going to the funding for terrorists, we also need heroin eradicated earlier and it is kill people. It is going to leave families to establish democracy, if they cannot starting to flower, we really should not addicted. It is going to have women do it with the military, will they destroy it because it will destroy the being beaten at home and children please share the information because I farmers’ income for this period and being abused by their parents because and other Members who have been over that would be terrible because they they got this heroin poppy. This is not there know they can see it? There is no have worked this whole long period to a benign flowering marigold flower. It point in denying to us that they do not bring it to market. is a heroin poppy that is going to kill know where it is or that they cannot And we think, wait a second, this is people, maim people, lead to auto- see it. The problem is who is going to not soy beans. First off, let us get this mobile wrecks, terrorism around the get it? We are putting more DEA peo- straight. Ninety-two percent of the ag- world. Why in the world would anybody ple in. We are getting more drug eradi- ricultural land in Afghanistan is not think that they are not going to eradi- cation groups in, and we need to go heroin. Afghanistan does not have a cate it when it is flowering? We cannot after it. Because if we fail to eradicate, heroin tradition. It has gone in and sit there with planes on the ground, if we cannot get it at the laboratory out. But as the former King told us twiddling our thumbs, while the world area, if we cannot get it in the dis- when we met with him when he was is about to be assaulted by the biggest tribution centers, it is going to wind up still in exile and then when I was re- crop of heroin in history. It is nonsen- harder and harder to get. cently back over in Afghanistan again, sical. Look at these arrows coming out of during their kind of window of 30 or 40 Furthermore, if we do not crack Afghanistan, a similar problem with years of a benevolent monarchy and down and if the British will not be ag- Colombia. If we do not get it at its moving towards a democracy, in their gressive in the southern part of Af- source, then it gets harder to find the first years of democracy, they were not ghanistan with the Pashtuns, how do labs. Then when it starts to move up a heroin country. They were the bread- we think that the Northern Alliance through the Stans, through Russia, basket of that whole zone because groups who are also growing and pro- through Turkey, into Europe, down where they can grow heroin and coca, tecting some of the people are going to around and up the Suez Canal, they it is also great for other products. But be if we go into the Tajeks and the cannot get it. Then it is all over our they switched over partly because of Uzbeks and those tribal groups in the streets. Then in America, 20,000 deaths the Taliban, which got 80 percent of north? They are going to say we did because of drug abuse. Terrorism in its their income from heroin. not do it to the Pashtuns, and we are worst case killed 3,000 in a year. We The question is who is going to run back to the tribal breakups in the have to make sure that that does not this country? Furthermore, a lot of the country because we are discriminating escalate. Northern Alliance groups that were between the two different groups. Thankfully, this President has been aligned got their money from heroin. We have got to get this policy to- aggressive; and we have done a better That was how they operated their gether. Nobody is against alternative job on our borders, and we have shut country as they were war torn and development. Nobody is against better down many of the terrorists’ oper- blowing up other things in ways to roads, building better hospitals, build- ations in the world, and we are battling make money and the regular farmers ing better schools, rebuilding their them in Afghanistan and battling them would get terrorized because they legal system, protecting people. But we in Iraq. Finally, Libya is cooperating could get more money faster through cannot not eradicate if they have with us, and when we met with Colonel heroin. It is a mess. And that as we grown something that is going to kill Kadafi the first time we went in there, tackle Afghanistan, if we are really people. This would be akin to not get- and I was with the gentleman from going to try to restore order there and ting a stash of machine guns because Pennsylvania (Mr. WELDON) in that not have these terrorists and drug lords somebody built the machine guns or tour, he did not want to be in a spider who are becoming more rapidly around are about to get the profit and they hole like his friend Saddam. So he fig- the world the same people, we have to need the income. These poor gun traf- ured the Pakistani people was pro- get at the heroin. fickers just need this money and they viding nuclear weapons and he is co- Now, the argument here is we are are trying to feed their kids and take operating with us. Now all of a sudden talking about only 8 percent; so the care of their family and cover their Pakistan is cooperating with us. We market has covered 92 percent but health costs. We should not take all have had some major breakthroughs, these 8 percent, mostly in politically the gun traffickers’ money away by thanks to this President’s efforts.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.189 H01PT2 H2052 CONGRESSIONAL RECORD — HOUSE April 1, 2004 But at the same time we have to re- are most vulnerable to drug abuse; and b 2015 alize the nexus, the connections be- those co-occurring dependencies are Are they attending parenting classes, tween narcotics and the stability of a very difficult. He is a leader in that, anger management, life skill classes country like Afghanistan long term. like he was in Pennsylvania, in trying and other adjuncts to substance abuse President Karsai and his leadership to look at that problem, in trying to treatment? Because each drug court have been tremendous. It is a very dif- hold an accountability of what actu- participant is required to engage in ficult problem that he has got to try to ally works. There is not a person who treatment immediately, their compli- establish order when they have this has worked in this field who has not ance with the other aspects of the pro- country divided up into different sec- talked to people who have been gram that follow entry into treatment through five, seven drug treatment tions with different drug lords and war- also provides insight into whether the programs. Maybe they have made a lords ruling that. But we have got to treatment is effective. get it because he understands, in mul- marginal commitment, and I under- In other words, they are saying it tiple meetings here on Capitol Hill and stand drug treatment enough to know needs to be holistic. In times when we that they are not going to get them in Afghanistan, they cannot have a de- do not have enough money for any- necessarily completely cured, but they mocracy in Afghanistan unless he can thing, this is a huge challenge. eliminate or at least greatly reduce the can certainly make progress. And in But let us be frank: if we are going to many cases, they are not even willing amount of opium poppy. try to tackle these kinds of issues, you to have drug testing to even make Two other hearings we did this week have to have some sort of housing op- progress. Part of what Director Walters in Washington: on Tuesday we had a tions, job options. Tough, tough polit- is trying to do through the new treat- hearing on measuring the effectiveness ical questions. ment program is to make sure they at of drug treatment. Part of any strat- In Indiana, we are having a debate least have the accountability of drug egy, like I said, first we have got to try because in the bureau of motor vehi- testing if they want Federal dollars. to get it at its source because if we can cles, 10 percent of the people in Indian- get it at its source, even though it is Mr. Curie has been working with this. Another thing we heard about was apolis had a former conviction. That expensive, it is so much cheaper than if coordinated action. One of the wit- sounds really terrible. But are they we have to go after the labs and inter- nesses was former Judge Karen Free- clean? Are they drug tested? Are they dict it, whether it is Colombia, Afghan- man Wilson, also the former Attorney cured? Are they having relapses? What istan, Burma, wherever the problem is, General of Indiana, who is now execu- was the conviction they had? It is not if we can get it at its source. Then we tive director of the National Drug necessarily evidence in and of itself try to get it as it is moving through Court Institute; and she pointed out bad. interdiction if it is coming up from Co- why drug courts work. When we say Now, if they continue to do it while lombia in the Caribbean or in the East drug courts work, we do not mean they they are employed, that is another Pacific. Then we try to get it at the work 100 percent. We mean they work problem. But you cannot say you can border. If we fail at the border, we try better than anything else and that never hold a job if you have committed to get it coming into the communities. they get some people completely off a drug crime or we are never going to I hear often on this House floor we drugs, they get some people mostly off, get people rehabilitated. What is the should not lock up the poor individual some people who very infrequently re- point of treatment if they cannot find user. But then many of those same peo- lapse, and they fail on some. That is housing? Congressman DAVIS has a bill ple do not want to lock up the user, do the real world. That is why we try to that I am a cosponsor of to try to pro- not want to go after the eradication. prevent it before it happens. As Nancy vide targeted housing to people coming They did not want to go after the Reagan so wonderfully said, we cannot out of prisons. interdiction. They do not want to do win a war by just treating the wound- The reentry program in Fort Wayne the other things. We have got to do ed. We have to treat the wounded. No- that we have worked with and tried whatever we can to try to get to the body is proposing in a war that we do through the faith-based community kingpins and that network of drugs not treat the wounded. But we do not and others will say, hey, one church, coming in. win the war just treating the wounded. one offender, a really strong program. We also need to work aggressively in ‘‘Each drug court is required to mon- There are others in my hometown of the schools and around the country and itor abstinence through regular, ran- Fort Wayne where they try to match with the community antidrug preven- dom, and observed drug testing. This up people coming out of the prison sys- tion groups. But when we fail, and that means that most participants are test- tem, many of them with drug offenses, is what this is, a failure, and people get ed at least two to three times a week.’’ into the community, because if you do addicted, we have to figure out how This is Judge Karen Freeman Wilson. not get them integrated into the com- best to provide treatment and how to ‘‘Those who consistently test nega- munity, you are just going to keep per- do this. tively are believed to be receiving ef- petuating the cycle of crime and vio- There were a number of interesting fective treatment.’’ lence. things that we heard. There are 7 mil- In other words, we have to have ac- We heard from many different wit- lion people in the U.S. who need treat- countability in it. nesses at this hearing, and I appreciate ment for drug addiction, and the Presi- ‘‘Another measure of effectiveness of each one of them, because it was very dent’s new drug treatment plan has treatment in the drug court context is important to problem drug treatment. some initiatives to try to address that the ability of the offender to comply I want to cover briefly two more because many people who are not get- with other aspects of the drug court things. One, the hearing that we did ting treated for drugs who have a drug program. Is the person actively en- this afternoon was on marijuana and problem are not interested in getting gaged in community service? Are they medicine, the need for a science-based treatment. But when somebody says actively involved in a job search, voca- approach. I want to read a brief com- they want treatment and are com- tional training or school? Are they at- ment on this. mitted to change, we need to work to tending self-help meetings? Are they This particular hearing addressed a make sure those people can be covered. appearing as ordered for court review controversial topic, the use of mari- Charles Curie, a Hoosier and a long- hearings and meetings with probation juana for so-called medical purposes. In time friend of mine, administrator of officers and other court staff? Are they recent years, a large and well-funded the Substance Abuse and Mental paying their fines and fees? Is the par- pro-drug movement has succeeded in Health Services Administration for the ticipant attending, complying, and pro- convincing many Americans that mari- U.S. Department of Health and Human gressing in ancillary services, referred juana is true medicine to be used in Services, HHS, testified on the access to community service providers, to ad- treating a wide variety of illnesses. to recovery, how they are trying to put dress issues other than substance abuse Unable to change the Federal laws, accountability in the system, looking such as taking their prescribed medica- these pro-drug activitists turned to the at co-occurring dependencies. Many tions and otherwise addressing identi- State referendum process and suc- people who have other problems, fied co-occurring mental health ceeded in passing a number of medical whether they be mental or physical, issues?’’ marijuana initiatives. This has set up a

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.190 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2053 direct conflict between Federal and Moreover, in the United Kingdom, a to relieve anxiety or depression, and a State law and put into sharp focus the pharmaceutical company has applied third for recreational purposes. competing scientific claims about the for a license to market an inhalant This raises one of the key questions value of marijuana and its components form of marijuana called Sativex. we must address. If we are going to as medicine. Thus, the real debate is not over treat marijuana as medicine, will we Marijuana was once used as a folk whether marijuana could be used as subject it to the same health and safe- remedy in many primitive cultures and medicine. The debate is over the most ty regulations that apply to other even in the 19th century was frequently scientifically safe and effective way medicines? We do not allow patients to used by some American doctors, much that components of marijuana may be grow their own opium poppies to make as alcohol, cocaine and heroine were used as medicine. once used by doctors. By the 20th cen- The responsibility for ensuring that painkillers like morphine, Oxycontin tury, however, its use by legitimate any drug, whether derived from mari- and even heroin with just a doctor’s medical practitioners had dwindled, juana or not, is safe and effective, has recommendation. We do not allow peo- while its illegitimate use as a rec- been entrusted to the U.S. Food and ple to manufacture their own psy- reational drug had risen. The drug was Drug Administration, FDA. Under Fed- chiatric drugs like Prozac or Xanax to finally banned as a medicine in the eral law, the FDA must review, test, treat headaches. Why should we then 1930s. and approve each medicine and deter- authorize people to grow their own Beginning in the 1970s, however, indi- mine what conditions or diseases each marijuana, when the potential for viduals began reporting anecdotal evi- drug may be used to treat and at what abuse is high and there is little or no dence that marijuana might have some dosage level. The FDA continues to scientific evidence that it can actually medically beneficial purposes, most no- monitor each drug, making sure it is treat all of these illnesses and condi- ticeably in suppressing the nausea as- manufactured and marketed properly tions? sociated with cancer chemotherapy. and that unforeseen side effects do not Today, the evidence is still essen- Why would we abandon the regu- jeopardize the public health. latory process that ensures that drugs tially anecdotal, but many people take State laws purporting to legalize it as a fact that marijuana is a proven are manufactured at the right potency marijuana for medical purposes bypass level and contaminant-free? Why medicine. One of the main purposes of these important safeguards. California the hearing we had this afternoon was should we stop the oversight that and Oregon have adopted the most makes sure that drugs are being ad- to examine that claim. wide-reaching such laws. They allow At present, the evidence in favor of ministered in the right dosage and in anyone to possess, use and even grow marijuana’s utility as a medicine re- the safest manner? their own marijuana, provided he ob- mains anecdotal and unproven. An In- tains the written recommendation of a In our follow up, FDA said on the stitute of Medicine study published in doctor. Few, if any, restrictions are record today there is no, none, zero, 1999 reviewed the available evidence placed on what conditions marijuana medical marijuana; and Dr. Volkow and concluded that, at best, marijuana from the National Institute for Drug might be used as a last resort for those may be used to treat. We had both California and Oregon Abuse said clearly there are 400 compo- suffering from extreme conditions. nents in marijuana. This report is repeatedly cited by the there today, had some discussion about pro-marijuana movement, it was again enforcement, and they have four cases Now, those of us who oppose mari- today, as proof that marijuana is safe in one State, minimal in the other. In juana need to do some acknowledging for medical use. In fact, the report effect, they only enforce if somebody here too. People have real problems, stressed that smoking marijuana is not from there complains, and the people particularly in treating, that there are a safe medical delivery device, exposes who are using it are not complaining. some areas in Marinol that have not patients to a significant number of Few, if any, restrictions are placed worked, although it has been improved harmful substances; but only in ex- on what restrictions marijuana may be as well. We have to look in controlled, treme conditions back in 1999, before used to treated. Virtually no restric- disciplined environments to figure out tions are placed on the content, po- we had additional advances, was it to how to address that. And those who ad- tency or purity of such medical mari- be used. vocate marijuana need to grant juana. In contrast to its supposed medical smoked marijuana is very dangerous, The laws in California, Oregon and benefits, the negative health effects of much more carcinogenic than cigarette marijuana are well-known and have other States are extremely open-ended. California law even allows marijuana smoke. It is a huge addiction problem been proven in scientific studies. in the United States. Among other things the drug is addict- to be used for migraine headaches. One ive, impairs brain function, and when of our witnesses this afternoon also As we look at how best to make it smoked greatly, increases the risk of used it to treat ADD in two other indi- medical, it is not the marijuana that is lung cancer. The respiratory problems cations and did not have any science medical, anymore than cocaine or her- associated with smoking any substance whatsoever. One who just had his li- oin is medical. It is made up of 400 dif- make the use of marijuana cigarettes cense taken away treated 4,000 people, ferent components, and to try to treat as medicine highly problematic. In- and, according to the board in Oregon, and work with what we are working deed, no other modern medicine is had not even met with the people. So with here, we are already working ag- smoked. he did get a complaint. gressively in our government to try to It is quite possible, however, that Only a small percentage of medical figure out the sub-components and how some components of marijuana may marijuana users in California and Or- they mix and how to do it. egon have actually used the drug to have legitimate medical uses. Indeed, We heard all kinds of different things treat the conditions for which it was the Institute of Medicine report, so of where they are working and making publicly promoted, namely, the nausea often erroneously cited as supporting progress in trying to treat this. And, associated with chemotherapy and smoking marijuana, actually stated if interestingly, most of the break- AIDS wasting syndrome. there is any future of marijuana as throughs are likely to be synthetic or a medicine, it lies in its isolated compo- In Oregon, statistics kept by the State Medical Marijuana Program indi- blend of things from other drugs with nents, the cannabinoids and their syn- what the different components are in thetic derivatives. cate that well over half the registered marijuana. Interestingly, the Federal Govern- patients used the drug simply for ment has already approved a marijuana ‘‘pain’’ while less than half used it for It is not the marijuana. It is not the derivative called Marinol, but rarely do nausea, glaucoma or conditions related smoke certainly that helps. It is not the pro-marijuana advocates mention to cancer and multiple sclerosis. In San the marijuana; it is components inside this. The Federal Government has also Mateo, California, a study of AIDS pa- that, often blended with other things, approved further studies of the poten- tients showed that only 28 percent of that can help us address the problem of tial use of marijuana or marijuana de- the patients who used marijuana did so nausea and the problem of relieving rivatives as medicine. even to relieve pain. Over half used it pain for AIDS patients.

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.192 H01PT2 H2054 CONGRESSIONAL RECORD — HOUSE April 1, 2004 Furthermore, the dosages need to be ents whose kids have died at ecstasy that. As I said, the President’s eco- controlled with it, or you develop an- parties and have gotten addicted. We nomic report came out in January, and other addiction. If you take out compo- heard of people who are ecstasy ad- it was still under the old rules. Well, nents in the marijuana, give it in tab- dicts, and I sure hope that we continue facts are stubborn things, as a number let form, you can achieve the pain re- to combat it aggressively. of people have said. I forget who said it duction. But if you are looking to get I thank the DEA for their efforts to first, but a lot of us have liked it and high and want to get addicted, it will shut down this dangerous drug, and I repeated it, and it is now undeniable not work. hope that our national news media that we have a serious lag in job cre- So Canada, as they moved to this, in does not side with the drug dealers and ation. Vancouver, which I opposed but it the drug users of this country and con- We are debating the reasons. I think worked with the legislators there and I tinues to send a positive message. they are multiple. One is productivity; talked to them about this thing, what f and that is, of course, the great par- they are learning is people do not want adox. The good news of increased pro- to take the pill. They want to get a EMPLOYMENT PROBLEMS IN ductivity becomes the bad news be- higher dose than the pill. They wanted AMERICA cause it is one of the major expla- this ‘‘BC Bud’’ high-quantity level. The SPEAKER pro tempore (Mr. nations for the lag in job creation. We have to figure out how we are OSE). Under the Speaker’s announced There is the globalization factor, going to work this through, because policy of January 7, 2003, the gen- outsourcing. There is the debate about clearly many States are adopting this. tleman from Massachusetts (Mr. how many jobs this is costing, but it is There has been a false concept across FRANK) is recognized for 60 minutes. costing jobs, undeniably. America. Those of us who oppose drug Mr. FRANK of Massachusetts. Mr. There are other factors that are in- abuse are branded then as being Speaker, a few weeks ago I took this volved. I think the health care system uncaring for the sick, which is wrong. floor to talk about the very serious of the United States is a problem. We In fighting the whole thing we are problem we have in our country today have one of the few societies, the only not clarifying what we are arguing regarding jobs. one I can think of right offhand, where over here. We need to work together to Last year, as the economy began fi- your health care is so tied to your job, relieve pain, but we also need to have nally to recover from the recession in a so that when an American company an FDA standard, and it should not be somewhat robust fashion, we expected has to hire, they have to think about a backdoor way to legalize a dangerous to see a significant increase in jobs. As health care. We have a situation where drug. I noted previously, Secretary of the the American automobile manufactur- In our transportation bill we are Treasury Snow in October said he ers are burdened in their competition moving through, we are making our thought we would get 200,000 jobs a with others because they have to factor first steps to make people aware that month, because we had seen such vig- into the cost of every Ford and every more people are killed apparently from orous growth. He said everything he Chevrolet and every car that is built drug addicted driving than from alco- knew about the way the American here, the health care that is not a mar- hol. That is a huge challenge in this economy worked, meant with that ginal cost for their competitors. But leave aside for a while the rea- country, that it is not just ‘‘I am re- level of growth, we were going to get sons. We have to deal with the fact. laxed and am using it.’’ 200,000 jobs a month. And the fact is, as I said, it is now Medicinal Marijuana has already A couple of months later, when he challenged our transportation and drug clear that we are in a period where we was drafting the President’s economic are producing fewer jobs per element of testing laws in the State of Oregon, be- report, the Chairman of the Council of gross domestic product than pre- cause it was supposedly medical. No, if Economic Advisers, Mr. Mankiw, said viously. Then the question is, well, how you are taking a tablet form, you are something similarly. In fact, he went long is this going to be with us? not going to be at risk because you do him a little better. He said about Last year, the optimists were the not get that same dosage. It is a dif- 215,000 jobs a month. By February of people who said, well, we are going to ferent mix. It is not marijuana. We this year they both had retracted those just get a lot of jobs, a couple of mil- have to figure out how to work these predictions. lion jobs a year, more than that, 21⁄2. things through. Unfortunately, we clearly now are in The Bush administration said from 2.4 One last comment. Yesterday, DEA a situation in which the old rules, by to 2.6 million jobs a year. No one broke the largest ecstasy ring in his- which we mean over the last 20 or 30 thinks that anymore. I hope tomorrow tory. U.S. and Canadian drug agents years, by which we could calculate the we are going to see a very robust job broke up a distribution ring respon- given number of jobs we would get for figure. There are some reasons to hope sible for 15 percent of all the ecstasy, a given level of increase in our gross that it will finally begin to show some- that is what they estimate, smuggled domestic product, do not seem to be thing, probably because a major strike into this country. It was called Oper- working. was settled in California, other season- ation Candy Box. For a variety of reasons, we are not able factors, weather changes, but no Approximately at their peak, they producing at a given level of economic one thinks we are going to get to those were doing 1 million tablets a month, activity the jobs we used to have. That predictions of 2.4 to 2.6 million jobs. approximately 5 million laundered dol- is a serious problem. It is, first of all, So there has been a kind of down- lars a month. It was in 18 cities in the of course, a terrible social problem. scaling of expectations by the adminis- United States and Canada. The people who do not get jobs are tration and others. We still have pes- I am grateful for the DEA’s efforts often the most vulnerable in our soci- simists and optimists, but, sadly, the and continued efforts to point out ec- ety, and joblessness is a terrible plight pessimists and the optimists agree that stasy is a dangerous drug. There is a for anyone who suffers from it. The we are in a period of slow job growth, program on tonight that I am very con- joblessness has been prolonged. and they differ as to how permanent cerned about based on some of the In addition to joblessness, of course, this is. statements attributed to Peter Jen- by the working of supply and demand, Now, there are really three levels nings and in the news media. I do not when you have a larger number of peo- here. know if it is correct. I have not seen ple unemployed, wages do not rise at There are always, of course, job the show. It does not air until tonight. the normal level, so that we had last losses of a cyclical nature in a reces- But the news reports are saying and year a drop in real wages. Inflation sion. The optimists last year said basi- suggesting that they feel the Federal outstripped real wages for people who cally, look, these are cyclical job losses Government has been inaccurate in work for pay from others. and as we come out of this recession, their report of ecstasy, when we have we are going to restore them. That has had testimony showing the brain dam- b 2030 not happened. Clearly, there is a struc- age, certainly in animals, but showed We have seen the erosion in health tural element here. So we now have us charts too of the potential and some benefits. There was some debate late this understanding that increased pro- on humans. We have heard from par- last year and early this year about ductivity, foreign outsourcing, and

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.194 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2055 globalization are costing jobs in the they now say is, well, it is a transi- ers, the word ‘‘labor’’ was banished near term. tional problem. We are in a transition from the official roster of committees But the optimists say, okay, that is at this point. Of course, the economy is and we now have the Committee on true, but that is temporary. In other always undergoing transition, but Education and the Workforce. words, they concede, we have not just there does appear to be a more signifi- Mr. Greenspan’s testimony before the the cyclical problem of a recession, we cant transition now: the outsourcing of Committee on Education and the have something of a structural problem computer jobs and service jobs, that is Workforce is the optimist view. He as our workforce gets reorganized. But, relatively new. We have had says in here, as he has said before, that they say, that is temporary, because, outsourcing in effect not of jobs but of the stress that significant parts of our given the dynamism of the American whole operations in the manufacturing workforce are enduring reflect, and economy and the inherent workings of area. This is new. The productivity, the here I quote him, it is what ‘‘Joseph the market, new jobs will be created. integration of information technology, Schumpeter, the renowned Harvard So they concede, as the facts require that seems new. professor, called the process of ‘cre- them to, that we are now in a position But they say, look, it is true we are ative destruction,’ the continuous where we do not have the jobs we had in a transition, but do not worry, be- scrapping of old technologies to make expected to have but, they say, have cause the dynamism of the American way for the new. This is the process by hope. The jobs are just around the cor- economy will soon produce new jobs to which wealth is created, incremental ner. The jobs are coming. replace those that are lost. step by incremental step.’’ I wish I could be as optimistic. I do Here is what President Bush said. In other words, as the President said, not think it is possible at this time to Now, again, President Bush was, of you are suffering in the short run. conclude for sure how deeply embedded course, last year one of the great opti- Transition means things are not going in our economy this structural problem mists of the old sort. President Bush well for you. But, in the long run, you is. I fear that to a great extent we are was having his administration officials will be better off. It is the process of going to have to cope with this on into predict 2.5 million jobs this year. That creative destruction. the future. It is not simply that pro- is gone. Now here is what the President The very fact that you are losing ductivity means, I believe, a quali- has to say. According to the New York your job is, in a perverse way, good tative change going forward in the Times of March 31, the President was news, because the job you are losing is wealth-to-job mix, but it is also not in Wisconsin; and the Times says he ac- a job that we no longer really find that clear that foreign trade will do what knowledged the economic anxiety felt useful, and we are going to create, out people say. by many voters, saying that the in- of that job loss, a freedom for you to We have some of those who are the tense pressure on business and workers take a new job. strongest proponents of trade, I think, to produce more for less, while good for Well, as I said, I hope that is the overselling it. Foreign trade clearly the economy in the long run, has held case. It has been the case historically has been a reason why inflation has down the creation of jobs. in America that we have produced new been low. Foreign trade clearly holds It then goes on to quote Mr. Bush di- jobs as we have lost old ones. There is down the cost of products we buy. But rectly, and here is Mr. Bush’s quote: a very real question in my mind about the notion that it will automatically ‘‘This is called a period of transition,’’ the extent to which that is still true. produce as many jobs as it costs simply Mr. Bush said. ‘‘That is an economist’s Of course we will produce new jobs. has not been borne out. word for things aren’t going too well Certainly we will. But whether or not I was struck by a very interesting for you, and I understand that. I under- the rate of new job production will panel held on the question of stand people are worried about the job equal the rate of job loss, that is not to outsourcing. One of those who spoke on they have.’’ be taken for granted, and that is why the panel, a former member of the In other words, this is the new opti- Professor Meyer quoted Mr. Lawrence. Board of Governors and Federal Re- mist view, which is a less optimistic He is saying, look, I have faith in serve, a very distinguished economist, view than the old optimist view, and globalization, but it is only faith. Lawrence Meyer, talking about this the President says, transition means It is clear that trade will help with general subject quoted another very ‘‘things aren’t going well for you.’’ the inflation issue. Trade helps bring distinguished economist, Robert Law- Well, now lexicography was never one us products cheaply, but there is no rence, and he said that he had recently of his claimed strengths, so we will let guarantee whatsoever to assume that read a quote of Mr. Lawrence which that pass, but it is an acknowledgment it will allow us to replace the jobs that really troubled him, and here is the that this transition is hurting people, have been lost, and there is no mecha- quote. As he notes, Robert Lawrence but, he says, in the long run, you will nism under productivity that says has studied international competitive- be better off. that, either. ness his entire career, and here is what That is what I want to address. I But I will take the optimists, for Mr. Lawrence said, as quoted by Mr. want to take those optimists at their now, at their word. They acknowledge Meyer: word, and President Bush is in that that, however, there is a problem. In ‘‘If foreign countries specialized in camp. other words, the optimist view is, high-skilled areas where we have an ad- The leader of the optimistic camp, okay, this is a transitional period, and vantage, we could be worse off. I still because of his stature, his justifiable in this transitional period a lot of you have faith in globalization, but it is no stature, the respect for which people are losing your jobs and some of you more than faith.’’ have for him as an economist and a are keeping your jobs, but you are los- In other words, there is no guarantee thoughtful maker of policy, is Alan ing your health care and you are get- that the factors that are causing this Greenspan. And I commend people who ting cut back. slowdown in job creation now are going want to see the optimistic view, the An example of that, we just saw the to fade away. new down-scaled optimistic view, to settlement of a strike here or a dispute I will talk in a further speech, how- read his testimony given on March 11 in Washington, D.C., fortunately, it did ever, let me reassure the Speaker, I do before the Committee on Education not lead to a strike, I guess, of grocery not plan to try to cover everything to- and the Workforce. workers. Grocery workers have a new night and keep everyone here, about As an aside, Mr. Speaker, as some contract, and here is the headline from whether the optimists or the pes- Members know, that used to be called the Washington Post yesterday: ‘‘New simists are right and what we do about the Committee on Education and Workers Bear Brunt of Concessions. it. Today I want to take the optimists Labor, but in a display of political cor- New people hired to work in the gro- at their word and hope that they are rectness, when the Republican Party cery stores in Giant and Safeway will right and hope that what we are in is took over the House, ‘‘labor’’ being a get less in the way of compensation just a period of transition. That is the word with unpleasant implications for than the people who have been working optimistic view. the Republican party, I think perhaps there.’’ The optimists concede that, as I said, too much social concern for people who Well, that is the creative destruction, it is not just a cyclical problem. What earn their living by being paid by oth- but it does seem to me in this case, for

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.196 H01PT2 H2056 CONGRESSIONAL RECORD — HOUSE April 1, 2004 the new people, a little more destruc- cheaper products, better products, But as he points out politically, and tion than creativity, because they are those benefit society as a whole. There Mr. Meyer was credited, he points out, going to get less. is a particular benefit for those us who yeah, but in our current politics the By the way, we are talking about are fortunate enough to be earning winners do not do anything for the los- grocery workers. We are not talking well, above the median income, and ers. While the losers do not have the about people whose compensation will those benefits are widely distributed. political power to force the winners to go from $150,000 to $140,000. We are But while the benefits are widely dis- share, paradoxically they have the po- talking about people working very tributed, the costs of achieving those litical power to stop the whole transi- hard for not an enormous amount of benefits is very narrowly borne. tion process and have there be many money, and they will get less of it, and It seems to me morally a decent soci- fewer winners. We know that. their health care will cost them more. ety will try to take some of the in- Recently in Congress Daily there was Mr. Meyer makes that clear, by the creased benefit and use that to allevi- a note that the lobbyists in town who way. Mr. Meyer, former governor of the ate the pain of the few who are bearing work on trade are very disappointed Federal Reserve who cares about em- the cost that made it possible. because they do not believe the Central ployment, here is what he said about Mr. Greenspan acknowledges that. American Free Trade Agreement can the transition: ‘‘Creative destruction’’ is the phrase he go through the House. I certainly do ‘‘We have got to keep in mind here borrows from Professor Schumpeter. not think it can or should in its cur- that the costs associated with That means that all of us are bene- rent form. I think it is very lagging, al- globalization and even productivity in fiting, but some are getting hurt. The though I would like to see a better terms of the skill bias, some of them President says, transition, things are version of that come forward. are transitional. People will generally not going well for you. Okay, but do we Outsourcing, we know now in this get jobs back, but they won’t get the not have some obligation to have great outcry, outsourcing, we are being same jobs back. They may get jobs things go better? Is it reasonable? told, do you not understand how good back with lower wages, with less bene- I guess, because of outsourcing and the outsourcing is? Well, the people fits. There may be permanent costs. So other things, some of the things I buy who are being outsourced do not under- we have to make sure this is not just I will buy more cheaply. Because am I, stand that. They understand that it is transitional. There are winners and then, free of any moral obligation to good, but they know it is not good for losers, and it is more than short run. It worry about the fact that the people them. As long as all the benefits of can be sort of permanent.’’ who are selling me these things more outsourcing are going to some people In other words, even for those who cheaply are getting paid less and hav- and none of the gains, they are not have some optimism, there is a rec- ing trouble meeting their family’s going to be too happy about this. ognition that the transition will be needs and do not get the health care In other words, I say to the optimists damaging to a lot of people. they ought to get, have to pay too who believe that this is simply a mat- So then the question is, what do we much for it and sacrifice elsewhere? ter of a transition which in the end will do about the transition? Again, I will So I think there is a moral reason leave all of us better off, if you do not deal later with the more pessimistic why we should be trying to improve do something to alleviate the pain that view in another speech. But today I am things. That, of course, requires some transition inflicts on the lower eco- taking the optimists at their word. Mr. public policies. But even for those who nomic sectors of this society and into Greenspan, the President, they say, do not believe in the moral argument, the middle economic sectors of this so- okay, yes, integrating into information their own self-interest ought to con- ciety, they are not going to let the technology, expanding foreign trade, it vince them to do more about the tran- transition go forward. is a two-way street. Ultimately, you sition. Now, unfortunately, under the cur- will be better off, and we recognize Given Mr. Greenspan’s recognition of rent administration and with the cur- there is some short-term pain. Bear the pain of the transition, given Mr. rent congressional leadership, not only with us. Bush’s recognition of the pain of the are we not doing anything to alleviate Well, as Mr. Meyer points out, it is transition, they are making a great the pain of the transition, we are mak- not at all the case that the losers of mistake in failing to alleviate the pain ing it worse through public policy. Let today will be the winners. There are of the transition, if only because the me give you one example where I say different losers and winners. So even if people who are suffering that pain are we are making it worse. we take this optimistic view that this beginning to be in sufficient numbers I talked about the grocery workers. is just a transition, it does seem to me and have sufficient sympathy so their Now, some American workers are put that society has an obligation to make response to transition is going to be to at risk because the things that they do the transition a lot less painful. block it. can be done overseas. And they are The President says, remember, this is Now, remember in the view of the told, listen, if you do not adopt some George Bush’s definition of transition: people I am quoting, the transition is a lower benefits we will send this work ‘‘things aren’t going well for you,’’ he good thing. It is the way in which we overseas. We know that that threat is says. ‘‘That is an economist’s word for grow. It is the way in which we im- made often. things aren’t going too well for you, prove. What you have is a paradox. People in the computer industry are and I understand that.’’ Given our political situation, the vic- being told you are going to lose your Well, Mr. President, we need more tims of the transition do not have the job, you are going to be outsourced. than understanding. We need a re- political power in some situations to Well, yes, there are some things where sponse. get some of those benefits to alleviate there is international competition. But their pain, but they do have the polit- how does that explain the erosion in b 2045 ical power to stop things from going the relative position of grocery work- That response has to involve a more forward. ers? We know that that is there be- active public sector than we have. By Mr. Meyers says in an economist’s cause the new grocery workers are definition, the transition is a private ideal world that these trends are pro- going to get less than the existing sector transition. It is in the private ducing increased globalization, produc- ones. Very few Americans will go to sector that people are losing jobs and tivity, they are producing winners and India to buy their groceries. There is getting new jobs, as Mr. Meyer points losers. And he said the economists be- not a problem of outsourcing of your out, that will pay less and that will lieve that the total gains of the win- frozen food. What we have got are pub- have fewer benefits as the grocery ners significantly outweigh the total lic policies that are eroding their posi- workers have found out now, the new loss of the losers. So what you do is tion, in particular, the assault on the grocery workers. you take some of the gains from the role of unions. Now I believe there is a very impor- winners and you compensate the losers What has happened has been a sys- tant reason to try to ease the pain of and then the society as a whole is bet- tematic dismantling of the Federal law the transition and that is a matter of ter off. The winners still win; the losers passed under Franklin Roosevelt and equity. Productivity outsourcing, break even. generally supported by presidents

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.198 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2057 since, which allow men and women to Part of the problem, we agree, is for- causes problems in resistance to the bargain collectively for their jobs. So eign trade related. That is not the programs he would like to see go for- you have a Wal-Mart which, in part be- whole problem. Productivity may be a ward, but he cannot bring himself to cause of the law and the way it is now bigger part of it. I think it probably is. let us help alleviate them. being interpreted, is able to block col- But part of it is foreign trade related. Now, one more minute on the Bush lective bargaining because you have Well, we are told we have something administration. One thing we could do people hostile to unions administering called trade adjustment assistance. It that would be very helpful with jobs the law that is supposed to protect peo- helps you if you lose your job to an would be highway and transit construc- ple’s rights to join them. So Wal-Mart international operation. But when it tion programs. People always said, then becomes the standard down to was passed it dealt only with manufac- well, public works is not a good way to which others must repair. That is a turing. We were not thinking then respond to a job crisis in a recession public policy problem. about computer-type jobs being because by the time you get geared up The tax system over the past few outsourced indeed. The jobs now being the recession is over. Yeah, but we are years has been made more favorable to outsourced are the jobs we used to re- in a situation now where, while the re- the wealthy and less favorable to work- train people for. We just forget to give cession may be over, but the jobless- ing people in relative terms. The pay- them airplane tickets when we gave ness is not; and this is an ideal time roll tax continues to go forward. That them retraining. with slack recesses in the economy to is another example of public policy Where are we now? We are now in a improve our transportation system, making things worse rather than bet- situation in which the Republican ad- our highways, our trains, our public ter. ministration and Congress is blocking transit. And we have a number of very spe- efforts to extend trade adjustment as- A month or so ago the chairman of cific areas where the people in power in sistance to service workers. So if you the Public Works and Transportation Washington are either making things lose your job in a factory, you can get Committee here and his ranking mem- worse or refusing to make things bet- some trade adjustment assistance. It is ber, bipartisan effort, correctly said we ter. That is, there are some things that not the best thing, but it is some help. could spend usefully $375 billion over can be done to ease the transition. But if you lose your job in a call center the next 6 years, not a huge amount in And, again, I want to reiterate, I am or in a computer programming oper- this whole country, improving trans- not here debating whether or not these ation, you get nothing. The adminis- portation, and it would both be better changes in job creation are going to be tration has said no, no, we cannot help, for the society and it would provide with us for a while or whether they are because it says manufacturing prod- jobs. And the President used his polit- short term. Everybody admits that we ucts. It does not cover services. ical muscle to cut that back and back now have this transition. Everyone ac- Senators have said and others have and back to the point where he is now knowledges it, the President, Mr. said, the House of Representatives threatening to veto a bill that is $100 Greenspan, and others, that it causes Members have said, okay, we will billion less than the original one. pain to people. change the law so what this covers Well, Mr. President, if you recognize Let us assume they are right and services; and the administration and that things are not going well in the within a few years the dynamism of the the Republicans are blocking that. transition, why should there be resist- American economy will make this a So no to extended unemployment ance to a piece of legislation that is time that we will all look back on and compensation, no to expanding trade one of the best answers we have to say, oh, were not we worried too much? adjustment assistance to people who these problems? Because, again, to go Well, at least those of us who have had need it. back to Mr. Greenspan and the others, jobs throughout this and health care Well, one of the things we could do the problem with his argument about and other things. But what about the would be to provide some public sector creative destruction is that, frankly, people who are not in a position to jobs for some of these people. Because, the people whose jobs are getting de- maybe even make it through there again, some of the people who are los- stroyed are not the people for whom with any kind of economic integrity? ing their jobs are not going to be the the jobs will be created. Well, there are things you can do to one who get the new ones. Even if you do job retraining, there ease the transition. This Republican And I go back to Mr. Greenspan. Mr. are people in their 40s and 50s who are administration and Congress, sadly, Greenspan’s testimony is really the ar- losing their jobs, people who had a high are doing the reverse. Nothing could be ticulation of this view, and what it school education. The likelihood that clearer on this than the question of un- shows is the inadequacy of the conserv- they can be retrained for jobs, any- employment compensation. ative optimistic approach to this prob- thing comparable to what they had, is Now, here Mr. Greenspan, who is the lem. Mr. Greenspan is their intellec- quite slight in large numbers. leading optimist in this, has, when tual leader, and his answer essentially That is what Mr. Meyer correctly pressed, agreed that we should extend is community colleges and some more pointed out. Yes, some people get new unemployment benefits. I stress Mr. training. jobs. They will be worse jobs than they Greenspan, because I think he is the One reads Mr. Greenspan, he says the had. They will not pay as much. They leading articulator of the more opti- whole problem is education. We do not will not have the benefits, particularly mistic view. And when pressed, as he have a good skill fit. We need more since there is now a trend among does not volunteer, he says, well, yes, skilled workers, and we do not have American employers to cut back on you should extend unemployment. How them, and, therefore, the answer is to health care and to cut back on defined do you, Mr. President, acknowledge educate them more. That is shockingly pensions. that this is a time of transition in inadequate. And Mr. Greenspan intel- which, to use your words, things are lectually, I think, is not thinking this b 2100 not going well for the people who are through. So, in any case, everything else being at work and you do not use your power I think that the problem is that in equal, you are likely to get a job pay- to get extended unemployment com- this case Mr. Greenspan’s deeply con- ing less, and it is not going to be equal pensation? servative ideology, to which, obviously, for all these people. Now, historically, when the recession he is fully entitled, his view that less Let me say, the President’s mistakes ended we would do extended unemploy- government is almost always better, are very clearcut. No to extended un- ment in a recession, extended unem- which is a view he has held for a very employment benefits, no to trade ad- ployment benefits. When the recession long time, is winning out over his in- justment assistance to the people ends, jobs came back, you did not need tellectual understanding of what is whose jobs are being outsourced, no to extended unemployment benefits. In going on in the world. a good highway program that would this case, we have the recovery without He grants that there is this insecu- put people to work and also create, in the jobs, so you still needed unemploy- rity. He did not always, but he now ac- some local areas, better economic con- ment compensation. The administra- knowledges it. He understands that the ditions. So the President betrays his tion opposes it. pain of the transition going unabated own recognition that this transition

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.200 H01PT2 H2058 CONGRESSIONAL RECORD — HOUSE April 1, 2004 means things are not going well for of increasing the skills of American know whether the short-term is a year, people by denying them this kind of workers, but that does not mean that two, three or four, at some point the short-term help. you do not have to, during the transi- dynamism in the American economy, Mr. Greenspan’s error is articulated tion, alleviate the economic pain being as I said, will make us look back fondly more clearly, but I think it is equally felt by people who probably are not on these days. grave. I have heard his and I have going to be able to acquire those new Even if you believe that, and I am, as talked to him about this and his an- skills and who are going to take some my tone probably indicated, skeptical, swer to the problem frankly is, well, time in arguably earning while they it is self-defeating unless you respond let us do more with the community are trying to get them. Yes, commu- to that pain which you understand is, colleges, let us retrain people. There nity colleges are very important, but it in fact, a current reality. are a couple of problems with Mr. is too heavy a lift to put on them the So, the President, Mr. Greenspan and Greenspan’s approach. burden he puts on them basically of others are not understanding the impli- First of all, I must say, as much as I dealing with these job problems. I do cations of their own optimism. The in- respect him in general, as much as I not caricature. I urge people to read creased wealth we are now creating, admire what he did when during the this. When we asked him what should the benefit society as a whole is get- 1990s he refused to raise interest rates we do about it, he said it is education, ting, the particular benefits that the very wealthy are getting, unless some and cut back the economy, some people community colleges, improve the of that is shared with the people whose argued that too little unemployment skills. was bad for the economy, Mr. Green- One, as I said, he puts too heavy a jobs are being destroyed in the process span resisted that. He said, no, he was burden on them, but two, at the same of creative destruction, or the people not going to inflate interest rates just time as he urges us to do more in edu- who are losing jobs, or the people who because unemployment was dropping. cation to improve people’s skill level, are losing health care, with the new He was going to see if we could have he actively argues against the revenues hires at the grocery stores here in low inflation and low unemployment. being made available to the public sec- Washington will be getting less than their colleagues doing exactly the He was right and we did. tor that would be necessary to do that. same job, unless we do a better job at But here again, I have to say his phil- No one thinks you can significantly in- alleviating that pain, then the transi- osophical opposition to government is, crease the skill levels of workers with- I think, crowding out, to use a good fi- tion is going to be stopped. Arguing out the public sector having a major nancial term, his commitment to deal- that free trade and outsourcing and the role, and Mr. Greenspan’s philosophical ing with the problem he identifies. He freedom of employers to hire and fire objection to the public sector having understands that the transition is at-will and not be hindered by unions, an expanded role comes head-on causing political problems, and he says the objections to any restrictions on against his recognition that something in his testimony and he acknowledges various productivity practice, those ought to be done in this area. who take this position are doing their that it is leading to problems, that it is As I said, Mr. Speaker, I have been cause some harm, some very real harm. leading to people being opposed to talking about what I consider to be the some of the policies he thinks are nec- To go back to the phrasing of Mr. optimistic view. The optimistic view is essary. Meyer, and I think this is the best way that, yes, productivity increases, He understands that outsourcing and to put it and I borrow from him and I free trade, things he like, are at risk outsourcing, increased trade, they rep- adapt him a little. Given the political because of the resistance, but he can- resent more than the cyclical loss of situation in our society today, given not bring himself to overcome his phil- jobs which you get in a recession that the Republican control and the view osophical objection to government to is overcome when the cycle turns. They that the market will take care of the point where he will really respond acknowledge, the President acknowl- things, and I believe in the market. I to those needs. edges, Mr. Greenspan and others, a just do not believe in it as an absolute. Yes, grudgingly, when we asked him, transition which has painful effects on I think it is clearly very valuable. I he said, yeah, extend unemployment many workers. think it does not, however, do every- but it is not high on his agenda. In I will leave to a later speech, as I thing and there is a need for the public fact, the central tenet recently of what said, whether or not we may be in a pe- sector. he has been arguing, well, there are riod of a kind of permanent transition But the view that says the market two tenets and they are in disagree- like this. That is, I fear that unless we will take it, has a lot of power today, ment. One, he says we have to greatly do more than we are doing in public the market will take it all by itself. increase the skill-sets of American policy, even more than I have now been What this means is that in the current workers. We have to educate people talking about, we are going to continue situation the losers cannot politically more; let us have more community col- to have this problem. force the winners to treat them more leges; let us have more education. Well, Increased productivity is a wonderful fairly, but because of the nature of pol- Mr. Greenspan’s too good an economist thing. It is what civilization strives for itics, while the losers cannot make the to think that people at community col- in the economic sphere. Productivity winners treat them more fairly, they leges will work for nothing, but some means we have more recreation and can stop the winners from winning as of them would have to if we are going more leisure. We can make more with much as they otherwise might. to carry out what he wants. less. That is what we are trying for. If you believe that all these things, Mr. Greenspan has, after all, unlike The tragedy is that we have a set of unhindered scope for increased produc- the Bush administration, argued that bad social arrangements that take that tivity, no restrictions on the Wal- the serious deficits we are now encoun- wonderful thing, increased produc- Marts and the comparable institutions, tering and the enormous debt that they tivity, and make it into a source of more free trade without any restric- are building up, that that is bad for the pain and deprivation for so many of our tions, without worrying about labor economy, but sadly, he tells us that citizens. rights and environmental rights, and I the only way that we can responsibly But as I said, leave that one aside. must say Mr. Greenspan erred. I was reduce that deficit is by cutting spend- Assume that Mr. Greenspan is right, very sorry to see a quote from him in ing. the President is right, that cutting which he said that people were using a He is generally in favor of continuing taxes and continued outsourcing and concern for labor and environmental the very significant level of tax cuts, continued foreign trade, a continued rights as a shield for protectionism. weighted towards wealthier people, and $500 billion a year American trade def- That troubled me that Mr. Greenspan I think he agrees with that philosophi- icit, continued increases in produc- would not understand the sincerity of cally, and he says, therefore, we have tivity without labor unions getting in those of us who believe this. I fear he to make all these reductions on the the way, more freedom for employers literally adds insult to injury when he spending side. Well, I have two prob- to cut back on benefits and health impugns the motives of those who say lems with his approach. care, let us suppose they are right and that. First of all, he puts too much of a that while that is difficult for some The fact is that they face a situation burden on education. I am all in favor people in the short-term, and we do not in which their failure to alleviate the

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.202 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2059 pain has built up such opposition to ners get will be to alleviate the losers’ depression of those folks who have lost what they want to see happen that it loss, to the point where we will be able their jobs and have not been able to will stop happening, and they cannot to go forward as a society, and there find others. believe that this is good. So they really will always be some losers and some This is a perplexing and challenging face a choice, because the electorate people will be hurt. We are talking issue. Undeniably so. And the tend- faces a choice later, but we deal today about a very complex society of hun- ency, the desire, I think, for a lot of with public policy choices. dreds of millions, but we can substan- people is to immediately, especially in Continue to block an extension of un- tially diminish the perceived, I believe, our position, any elected position in employment compensation, continue unfairness of the way in which the cur- America, when we recognize there is to deny trade adjustment assistance to rent increases in wealth are distrib- this kind of a problem and that people people who are losing their jobs to uted. are hurting, the natural response is to outsourcing in the services area, con- Until we do that, people should not say, what can I do about this? How can tinue to block the ability of organized be surprised when they encounter in- I change the situation? What can the labor to help people band together to creasing resistance to things that they government do to create a better situa- defend themselves, continue to allow will tell the American people are in tion for those folks who are hurting? the erosion of pensions and health care, their long-term best interests because, And this is enormously perplexing refuse to allow this Congress to pass by unfortunately, the people who are los- when we are talking about this brave threatening to veto a highway bill that ing their jobs and feeling the pain and new world of a global economy that we do not entirely understand. could put some people to work, and you losing their health care and having For well over 100 years, we thought will reap, unfortunately from your their pensions jeopardized do not, in we really had this thing pegged. We standpoint, and from mine, too, a de- this case, feel as persuaded by Joseph thought we knew what it took to cre- gree of resistance to economic progress Schumpeter’s argument about creative ate a prosperous society and a vibrant that may make us all worse off. destruction as they instinctively tend So I say, in closing, Mr. Speaker, economy, and it boiled down to two to understand what John Maynard words: Free trade. And we listened to that we have had some advance. The Keynes said when he argued to people President in particular, his aides they and read the works of economists that who said do not worry about what is all adhered to an economist in the 18th are not talking about 2.5 million jobs a happening now, it will be better in the century by the name of David Ricardo. year or more. They are acknowledging long run. In the long run, we shall all He coined the phrase ‘‘comparative ad- that we are in a period of painful tran- be dead, and in the long run these peo- vantage.’’ He said, look, when two sition, but they stop short of helping us ple understand they will have encoun- countries are competing to produce a alleviate that pain. The transition does tered so much pain and so much dif- particular product, one may have an not have to be painful, and if the tran- ficulty in their lives that the promise advantage over the other and we sition continues to be painful, at some of these future benefits, which may not should concentrate on producing what- point there may not be nearly as much even accrue to them but to society as ever it is in that country that they transition as they want. a whole, do not account for much. have the advantage to produce because I close by saying, as I said in my pre- Mr. Speaker, in a future speech, I of their climate, the geography, and vious speech and will say again, a large will talk about the pessimistic view be- the natural resources in that country. part of the problem is the instinctive, cause, unfortunately, bleak as I sound- He used two examples: He said, let us intense, absolutist dislike of the public ed today in some ways, I was talking look at Portugal and England. Por- sector. The notion that when civilized about what the optimists say. I am tugal could produce wine and textiles, people come together to do some things afraid that I think things may even be but in fact would have to put a lot jointly because the market does a lot worse than that, but at the very least, more effort into producing textiles. but it cannot do everything, the notion I just want to say in closing, maybe England could produce textiles and that that is something that is always repetition will get me some some- wine, but would have to put a lot more bad gets in their way, because unem- where, extend unemployment benefits, effort into producing wine. So, there- ployment compensation and the high- extend trade adjustment assistance to fore, Portugal should produce wine, way bill, the trade adjustment assist- service workers. Let us do a highway England should produce textiles, and, ance and improved community col- bill that meets America’s highway therefore, the comparative advantage leges, et cetera, that takes a public needs and puts people back to work. would accrue to each one of those sector that is well-funded and able to Stop the union busting and the resist- countries. Each one of them would be meet its responsibilities. ance to working men and women being doing what they do best and, therefore, As long as we have the President and able to come together, and I can prom- each one of them would prosper and a Congress that regard the public sec- ise you that we will be able at that they would not be wasting their re- tor as something to be ridiculed and di- point to consider some of the economic sources doing things they cannot do minished and hindered at every turn, policies you are talking about in what very well. who do not have any confidence in our you will find to be a better atmosphere. That is the theory we have been oper- ability to come together as a people ating under for now well over 100 years. f and achieve important social purposes, And I believe that it had great merit as long as Mr. Greenspan, the leader of b 2115 and that it can work well. But we have intellectual conservatism, continues to JOBS AND IMMIGRATION added a new dimension to this whole argue out of his philosophical opposi- discussion, and it is the dimension of tion to government that, yes, we must The SPEAKER pro tempore (Mr. labor. That was not an issue in reduce the deficit but we must do it all OSE). Under the Speaker’s announced Ricardo’s day. Labor was not all that by reducing spending and not at all by policy of January 7, 2003, the gen- mobile. You could not move work to undoing some of these tax cuts, then tleman from Colorado (Mr. TANCREDO) worker anywhere in the world. So labor things will get worse and not better. is recognized for 60 minutes. was a constant in Ricardo’s day and, The political trends Mr. Greenspan la- Mr. TANCREDO. Mr. Speaker, it is therefore, you just dealt with what ments, the opposition to free trade, the with pleasure that I address the House natural resources and the climate and opposition to outsourcing, it is going this evening for the purpose of con- the geography dealt you. to get worse, and we will see this year tinuing the discussion that has been Today, of course, we know that be- blocking outsourcing. In the short- ongoing here about jobs; about what it cause of technology we are no longer term I am for that because I think the is in this economy, in this new world able to rely on just what nature has way it is being done is wrong. economy, this new world order that is given us in terms of resources. We also I would like us to be able to come to- creating the dilemma for many people have to deal with the fact that labor is gether and say, let us, to go back to and creating concern on the part of another one of those commodities that Mr. Meyer one last time, try to follow many folks out there, creating fear can be traded and for which there is a the pareto optimal motto he talked about their own jobs, if they still have competitive advantage for some coun- about in which some of what the win- them, and certainly encouraging the tries. But today that advantage will

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.203 H01PT2 H2060 CONGRESSIONAL RECORD — HOUSE April 1, 2004 accrue to one country over another. It try without our permission, they are every one we are able to catch, 600,000 is not a win-win situation any more. It eligible for deportation. And if some- people made it into the country from is not that one country can produce X, one hires someone who has come into one sector in 6 months. Now, think the other Y. Each of them will do that. this country illegally, they in turn can about what this means for the entire Today, the economy is such that if you in fact be fined. And if they do it often border, both north and south, and our can provide cheaper labor, you win. enough, they can go to jail. ports of entry, both land, sea and air, The country that cannot deal with that There are estimates that range from and it certainly could be as many as a loses. It is not a win-win game. That is between 9 million and 18 million people million people came across our borders the situation we face. in this country who are here illegally. without our permission in the last 6 American labor has become ever Most of them appear to be working, months. more productive, ever more efficient, and we are told they are working in b 2130 and has been able to stay relatively jobs no American will take. Well, I competitive with the rest of the world, would like to test that theory, that But let us say for a moment that enough so that we have been able to they are coming to take jobs that no those are just simply exaggerated fig- maintain the standard of living that is American will take. And here is one ures, somehow, some way, we have far above the rest of the world for quite way we can test that theory, Mr. been able to actually stop more people some time. How long this will be, we do Speaker. We can look at what is hap- from coming into the country than is not know. The answer to the question pening on the border today. the general rule and that maybe only is that we do not know exactly what we Now, we all know that the job in- one or two get by for every one that can do to make sure that American creases in this most recent recovery gets interdicted. That still means jobs and American workers are saved. have been minimal. Some people refer about 500,000 people came across the We can erect barriers, that is true. A to it as a jobless recovery. Whatever, border illegally along with about an- law can be passed tomorrow in this the number of jobs we have created in other 500,000 who came into this coun- body and passed in the other body, the United States in the last couple of try legally from our very liberal immi- signed by the President, that will erect years is relatively low, relatively few. gration policy. So in the last 6 months, trade barriers. Will that protect Amer- And we have an unemployment rate the most conservative estimate pos- ican jobs? Well, it really cannot do now of about 5.6 percent. We have a sible for the number of people who that any more because there is no way chronic unemployment that may go came into this country both legally to actually control the flow. Tech- even higher. That is to say, that in- and illegally has got to approach a mil- nology allows us to export work to cludes people who have long since lion people. ceased looking for jobs. So there are, worker anywhere in the world, and I ask you, Mr. Speaker, if a million again, estimates ranging from 8 mil- there are really very few ways that you people came in here in 6 months, what lion to 18 million people in this coun- can actually, in fact we may not have are they doing here? What jobs are try unemployed. any way in which we can actually stop they doing? Are they taking only those We know, right now, that there are jobs that Americans will not take? Do that phenomenon. I am certainly will- not many jobs available out there. I ing to look at any proposal that is de- you mean to tell me that in the last 6 mean that is pretty much a given. months we have created a million jobs signed to slow that down, that is de- Well, let me tell you what happened on signed to protect American workers that have gone begging? And that em- our borders since October 1 of last year ployers are out there saying, oh, my and American jobs. I would like to do in only one sector, the Tucson sector. it. goodness, I have all of these jobs and I According to Rob Daniels, the border just can’t get an American citizen to There is this, as I say, natural desire patrol public information officer of the on the part of most of us here to get up take them, so I’m going to employ the Tucson sector of the border patrol, million people both legal and illegal and say, here is what we have to do and there have been more than 200,000 ille- it will solve all of our problems. I be- aliens who have come across the border gal aliens apprehended in that sector in the last 6 months? No, Mr. Speaker. lieve the last speaker said we should alone this year. This is an increase of stop trying to bust the unions. Well, No, they are not taking jobs that are almost 50 percent since last year, and simply out there that American citi- let me tell you, Mr. Speaker, that will much of it as a result of the fact the not solve all of our problems. zens will not take, they are taking jobs President made a speech in which he somebody else has and they are taking If in fact we are also talking about put out the hope of an amnesty. Al- them because they will work for less. It the creation of some sort of tariff to though he would not call it that, of is a simple proposition. These numbers stop the exportation of certain com- course that is exactly what it is, and are incredible. Most people cannot be- modities or to in fact increase the cost most of the world saw it for what it is, lieve it when I tell them that these are of certain commodities being brought including the people that are coming the numbers that are actually provided into the United States, I do not think across the border illegally. that will solve the problem. More than 60,000 people have been de- by the border patrol themselves. This We are at a comparative disadvan- tained this month alone in the Tucson is not my wild guesstimation of how tage because our workers make more sector, representing a stunning in- many people are coming into this coun- money than workers in most other crease of over 85 percent over March of try illegally. So if, in fact, there are al- countries of the world. And I am will- 2003. Those numbers are expected to ready these folks in this body that are ing to admit that this is a dilemma for rise, as April and May are typically the so intent on doing something to in- which I do not have a solution, but I peak months for intending border crease the number of jobs available to am also willing to state that there is crossers seeking to make the trip Americans, I suggest that they look something we can do that neither my through the desert before forbidding carefully at immigration. This is some- friends on the other side of the aisle or summer conditions set in. thing that, of course, my friends on the even my friends and colleagues on my Now, I present these figures because I other side of the aisle will never, ever, side of the aisle are very willing to deal think they are important for us to un- ever bring up. In one hour of all of the with, and yet it seems to me to be the derstand if we really and truly are problems that were identified by my most logical way of addressing this sit- talking about trying to do something colleague on the other side of the aisle uation of the exportation of American important for the American worker. In here, you never once heard anybody jobs and stagnant wages that result the last 6 months, 200,000 people in one talk about the fact, in particular talk from the fact that we can no longer sector were detained. And let me say about the fact that immigration may compete in that particular environ- this, Mr. Speaker. Everyone who is in- be one of the problems we face when ment. volved with this issue will tell you that trying to create jobs for Americans. What I suggest, Mr. Speaker, is that for every single person we detain, at Never said it. Why? Because, of course, we begin to enforce the law, the law least three get through. That is a very the issue is incredibly political. My that actually determines how many conservative figure. friends on that side of the aisle know people can come into this country. And So in the Tucson sector, if you use that massive immigration into this that if someone comes into this coun- that figure of three coming through for country both legal and illegal accrues

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.205 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2061 to their political benefit. It will mean category for people who have special here, but I can tell you that there is no voters for the Democratic Party. They skills and who come to the United way I am going to accept this situation know it. It is the historical truth. On States with a higher degree than the without railing against it and without my side of the aisle, you will not hear person who is coming here to do menial suggesting something that we can do, a discussion of this issue, either, be- labor. These are mostly people in the and that something is to actually con- cause we look at it as being a source of high tech industry and they are skilled trol our own borders. Mr. Speaker, it is cheap labor. So between the two of us and they are capable and they will fascinating. The Wall Street Journal here, between the two parties, it is work for less. So we hire them or we used to write an editorial every Fourth very difficult to get an honest discus- outsource the jobs that are here. Em- of July that said that borders were no sion of this issue and what it means for ployers have manipulated the visa cat- longer meaningful and that we should America. The President said in that egory to bring these folks in even erase them. They stopped writing that speech that he gave a month and a half though they do not fit the require- editorial after 9/11 but it is not because ago or two months ago, I want to ments of H1B or even L1 visas. They they have changed their mind, it is just match every willing worker with every are bringing them in by the hundreds because they are afraid to say such a willing employer. It is a high sounding of thousands. We now have probably 2 thing subsequent to such a national goal. But let us think about what that million people in this country with tragedy perpetrated by people, of really means, if it is true, if he really those two visa categories, H1B and L1, course, all of whom were here as aliens wants to do that. Every willing worker high tech workers who have displaced with every willing employer. Mr. and most of whom, by the way, in some American workers. Why? Because, of way or another had violated our laws Speaker, there are billions, with a B, course, we have succumbed to the siren there are billions of willing workers in and could have and should have been song of cheap labor and we have agreed deported. So they do not talk about it the world anxious, desiring a job that to essentially abandon our borders. anymore but they still believe it and so pays them more than they are getting It is amazing to me to see what I see wherever they are but far less than is and hear what I hear and read what I do Members of our own body, believe being paid to the person in this coun- read about what goes on every day on that that is in fact the way of the try who is doing that job. So do we our borders, to read statistics like world, that national boundaries will really mean that we are willing to those I just gave you, with over a quar- not matter, that pretty soon the abandon the border? If so, let us say it ter of a million people having been United States, Mexico and Canada will if that is the truth of the matter. If in interdicted at the border in one single all together join in some sort of grand fact that is our purpose and our policy, sector, the Tucson sector, in 6 months alliance similar to the EU, kind of hold to eliminate the whole complex process and far more than that having made it hands and sing ‘‘Cumbayah’’ and that of immigration, erase the border and past our border patrol and are here in the only thing that will matter at that allow people to simply come here to the country illegally. We have, I be- time, the only thing that will deter- take the jobs that some employer is lieve it is approaching 20 million peo- mine how profitable it is to live where willing to provide, and I assure you ple here illegally. They are all working you live and how good a job you may that every employer is looking for, and or at least most of them are in jobs, of have, the only thing that will deter- there is nothing wrong with it. This is course, that Americans will not take. mine that are markets. not some nefarious purpose on the part I do not know, Mr. Speaker, how it is Let me suggest that there is another of employers. They are looking for a in your district, but I will tell you how reason why we should try to control way to cut their costs. That is a part of it is in mine. I have people who are un- the border even if you do not believe the process we call free enterprise cap- employed, high tech workers who are that we should get involved with try- italism and a process to which I adhere driving cabs at night. I have people ing to protect the American jobs that and a philosophy to which I adhere. So who will take jobs of any kind in order are sacrificed to open borders, even if they are looking to cut their costs. Be- to keep a roof over their heads and who for some reason that just goes against lieve me when I tell you that if some- are right now unable to find those jobs. your grain and that you are willing to body presents themselves to you who Or if they find a job, it is, of course, has got all the skills necessary to do working for much less money than the allow American jobs to be sacrificed to the job but they will do it for less than job they had. So their standard of liv- those people who are willing to come the person you have got working there, ing is decreased. That is, of course, and do them for less. And, remember, I you are probably going to hire them. what we face. That is, perhaps, an in- say that there are billions willing to do They may only be there for a short evitability. Maybe there is absolutely that. There is no job here that we can time, until the next person comes in nothing we can do about it because of create that someone out there cannot the door and said, you know what, I’ll this new world economy. How harsh compete for. If we import the labor on do it for even less. This is something that sounds. But it may be the case one hand to do the jobs that are nec- that has happened, of course. We know that we cannot stop it, we cannot stop essary here from the service economy, this has happened in our manufac- the exportation of jobs. But should we those kinds of jobs that only can be turing economy. This is one of the not attempt to control our own bor- done here, a waiter or a waitress, build- things that has really and truly been ders? Because we only have two ing homes, whatever, if those jobs we problematic in the United States. It choices: Either we do that or we elimi- bring in people who will work for less has happened to our low-skill, low- nate the border, we can erase the bor- and the other jobs that do not require wage jobs. There is so much competi- der, pretend they do not exist, allow you to be physically here in the United tion for those jobs, so many people people to come in and however they get States to do, we export, then of course seeking them, that it has had the effect here, they are now residents of the na- there has to be some sort of ramifica- of depressing the wage rates for all the tion. That is an option. It is one I tion to that. There is something that is folks who are making very little think that many people in their heart going to happen to the United States of money. They have not seen an increase of hearts around here accept and in America as a result of this phe- in their salary because there are so fact desire. There are folks in this body nomenon. I suggest that at the min- many people here who are willing to who believe that borders are simply imum it will be stagnant wage rates take those jobs, those low-skill, low- anachronisms, they really should not but almost assuredly it will be declin- wage jobs. Something new is hap- be there, they do not matter anymore, ing wage rates. Or maybe we can live pening, a new dimension here, because they are not important and they only with that. Maybe it is going to have to now we are figuring out a way to ex- serve to obstruct the flow of goods and happen. No one wants to get up in front port or import, either way, export the services and people. And that really of their constituents and say, get jobs to a place that will have workers the whole idea of the nation state, ready, your wage rates are going to go who will do the job, will work for less some concept of sovereignty, is all of- down, your standard of living is going or import the worker to come here and fered up on the altar of free trade. to be reduced because we are com- do the job for less. We are doing it for I do not know, Mr. Speaker. I cannot mitted to the concept of free trade and high tech industries. H1B is the visa tell you that I have a magic bullet that includes the free trade of labor.

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.207 H01PT2 H2062 CONGRESSIONAL RECORD — HOUSE April 1, 2004 b 2145 Mr. Speaker. And this gets a little /Tancredo, T-a-n-c-r-e-d-o, and go to a In fact, we have asked the Congres- more, I guess the word I am looking for site that we call ‘‘Our Heritage, Our sional Research Service to actually try is esoteric perhaps, but nonetheless I Hope,’’ or our immigration site, either to identify to us those countries that think it is a very important discussion one, they will get a great deal of infor- are actually dealing with us on a free we have to have because even if the mation, Mr. Speaker. And I hope that trade basis. That is to say that we will Members disagree with everything I everyone would do that because there import the products that they produce have said about the economy and the are literally hundreds of examples of and they will import the products that impact of cheap labor, the impact of this cult of multiculturalism that I am we produce without any trade restric- open borders on the economy, even if talking about. Let me give the Mem- tions. they think it is just great to allow peo- bers just a few. I have yet to find a country like that. ple to come into this country and un- ‘‘At Los Angeles Roosevelt High We are the ultimate free traders in the dercut someone who is presently work- School, an 11th grade teacher told a na- world. That is for sure. We offer far ing here, underbid them for the job, tionally syndicated radio program that more in terms of an allure to come even if they think that is okay, let me she ‘hates’ the textbooks she’s been here and bring their products than we suggest to them that there are other told to use and the State-mandated are able to do and that any other coun- problems that I would like them to history curriculum because they ‘ig- try is willing to offer us. deal with. And one of these things is nore students of Mexican ancestry.’ Be- China is a great example. Since we the problem that I believe is enor- cause the students don’t see them- opened trade with China, our balance mously important for us to talk about, selves in the curriculum,’ the teacher of trade, or the imbalance of trade, I although uncomfortable, certainly, to has chosen to ‘modify’ the curriculum should say, has skyrocketed. discuss, and this is the problem with by replacing it with activities like The same thing happened with Mex- the effect of massive immigration, ‘mural walks,’ intended to ‘open the ico. Mr. Speaker, before NAFTA, North both legal and illegal, when it sort of students’ eyes,’’’ she says, ‘‘ ‘to their American Free Trade Agreement, we meshes with what I call the cult of ‘indigenous culture.’ A friend the had an actual surplus, a trade surplus multiculturalism that permeates our teacher invited to help with the ‘mural with Mexico, about $9 billion. Since society. Radical multiculturalism. Not walk’ went on to tell the students that NAFTA, we have gone to about $60 bil- just the philosophy or the attitude ‘Your education has been one big lie lion in the red, a trade deficit with that we should appreciate our dif- after another.’’’ And that essentially Mexico. We have relatively few coun- ferences and the acknowledgment that there is nothing they should as a stu- tries right now in the world with whom those differences have made us richer dent attach themselves to in terms of we have a positive trade balance, and in many ways as a Nation. That is not this American experience. It is white. most countries with which we trade do radical multiculturalism. Radical It is Anglo-Saxon. It is not theirs and not trade on an even basis, on a level multiculturalism is the philosophy that they should never ever attach playing field. But we are committed to that says that in order to appreciate themselves to it. free trade, regardless of what it does to anybody else, one must degrade one’s ‘‘In the textbook called Across the the American wage earner. And as I own culture and that one could never Centuries that is used for seventh say, maybe, just maybe, we cannot do ever suggest that what we have here, grade history, the book defines the anything about that. But I think there that the product of western civilization word ‘jihad’ as ‘to do one’s best to re- is something. I would like to at least we call the United States of America, sist temptation and overcome evil.’’’ try because even if it is not something is superior to anyplace else in the Because, of course, we would not want that the free trade adherence will go world because of course all cultures are to say that another interpretation of for, maybe if they are somehow con- relative to the multiculturalist rad- ‘‘jihad’’ is a holy war against Chris- cerned about the trade implications of ical. There is no difference. It is the ul- tendom because, oh, my heavens, what actually controlling our own borders, timate ‘‘I am okay, you’re okay’’ view that sets up in the mind of the reader, think about the other implications. of the world. And we have spent an even though that is exactly what the Think about the costs to American enormous amount of time and money term implies: a holy war. taxpayers of massive immigration, telling our children in our schools that We try to euphemise it. We try to both legal and illegal. this is the case, that they cannot be at- change the definition so as not to pos- Mr. Speaker, we hear all the time tached to anything that we had in our sibly create the impression on the part about the importation of cheap labor day, when I was in school, called the of a student that someone might hold a and how important it is, but I assure American experience because, of view like the people who hold this view the Members that cheap labor is only course, the multiculturalist radicals actually have, and that is this: that cheap to the employer. It is not cheap would say it is just a reflection of a so- their purpose, their reason to be, is to to the citizen taxpayer who has to pay ciety and a civilization that was noth- exterminate us. That is the truth of for the housing, the health care, the ing but greedy and degraded and cor- the matter, that for millions and mil- educational services, the incarceration rupt, and that when Columbus came lions of Muslims around the world, rates. All of these things become very here to the New World, he began what their one purpose is to exterminate any expensive to the taxpayers of the coun- was eventually to become the destruc- semblance of western civilization. It is try, but they are passed on to them. tion of paradise. a threat to them. They are not paid for by the corpora- This is what we tell children. This is I had a book given to me not too long tion that brings them in or the busi- in our textbooks, and this is what is ago. It was an actual diary of an Imam ness that hires that person; so what do rotting the core of American culture. who went on, I believe, to become a they care, essentially? And we are doing it to ourselves, and it suicide bomber. In his diary he explains But this concept of cheap labor has is not the fact that immigrants are that is what all good faithful Muslims all kinds of other implications. The coming here and perpetrating it. They have to do, because, he said, We cannot concept of open borders, borders that are simply coming into this new envi- live in the same world with the west. really do not matter, borders through ronment. This is dangerous, I think, to Western democracies have created a which half a million people, minimally our society. world in which people live the good life half a million people, could come When we tell our children there is here on earth, and that is a world in through without our permission in one nothing of value, there is nothing which we cannot exist because in our sector, called the Tucson sector, in 6 worth their sacrifice, there is no set of world, the only thing to which we look months. That kind of a border provides ideas or ideals around which we can all forward is the afterlife. This is just a us with all kinds of more severe prob- gather, that all cultures are the same, temporary status, and we are moving lems, even more severe than the eco- that all is relative, when we do that, on to something greater, and if we nomic catastrophe that is inherent we are at great risk. allow western democracies, western with this concept of open borders. We have example after example. If civilization, to survive, it will essen- As I say, it is a cost to the American the people go to our website, tially turn the heads of all of our peo- taxpayer, but it is also something else, www.house.gov, that is g-o-v, ple, turn their heads away from the

VerDate mar 24 2004 23:51 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.209 H01PT2 April 1, 2004 CONGRESSIONAL RECORD — HOUSE H2063 joys of the afterlife to the joys of this were appalled by his statements, but And here is the kind of thing that does life. So, therefore, we have to set our- took no action to dismiss DeGenova, happen. selves on a path of destroying western who was still teaching. In California, Victorville, California, civilization. Royal Oak Intermediate School in there was a Roy Rogers-Dale Evans This is what they are committed to, Covina, California, students in Len Museum on Highway 15 in the High Mo- many millions of Muslims are. Many Cesene’s 7th grade history class, fasted jave desert. I saw this clip, somebody millions of Muslims would not take up last week to celebrate the Muslim holy had put it on my desk and I was think- that particular sword, at least not month of Ramadan. His letter to par- ing, why is this significant? Why did physically. They may do so mentally. ents explained that ‘‘in an attempt to somebody give me this clip from the One wonders how many people of that promote a greater understanding and Los Angeles Times about the fact that faith, even though they would not empathy toward the Muslim religion the Roy Rogers Museum had been themselves commit an act of violence, and toward other cultures, I am en- moved from Victorville, California, to how many in their heart of hearts, couraging students to participate in an Branson, Missouri. when one of those acts of violence is extra credit assignment. Students may It picked up and moved because of a committed, think it is okay, that it is choose to fast for 1, 2 or 3 days. During transformation in the cultural nature good, they deserve it. those days, students may only drink of the region, as new immigrants who Nonetheless, in our classrooms we water during daylight hours.’’ settled in California are not absorbing refuse to even tell our students about Imagine what would happen if he the cultural history of the region or this. We refuse to actually define the tried to suggest that students do some- the country. word ‘‘jihad’’ for its real meaning. thing to adhere to Lent, let us say, a The guy who was writing a newspaper ‘‘In a Prentice Hall textbook used by Christian religious holiday, not a holi- story about this went into a bar and students in Palm Beach County high day, but a time that Christians recog- met a lady by the name of Rosalina schools titled ‘A World Conflict,’ the nize for fasting. What if he tried to say Sondoval-Marin. She was having a beer first 5 pages of the World War II chap- that is what he wanted his children to at the El Chubasco Bar on historic ter cover such topics as women in the do? What kind of an outcry would there Route 66, and the newspaper reporter Armed Forces, racial segregation in be? Nobody said a word about the fact said, ‘‘I am doing a story about the fact the war, black Americans in the home that he was trying to make the kids that the Roy Rogers and Dale Evans front, Japanese Americans being in- more sort of sensitive. That is okay. Museum is moving after having been terned, and women in the war effort.’’ A Federal judge in Brooklyn inter- here for, I don’t know, decades and dec- Although 292,000 Americans died in preted a New York City policy on holi- ades and decades. What do you think that conflict, most white male soldiers day displays in public schools allow for about that?’’ are represented far less in photos and the display of the Jewish Menorah and And Ms. Sondoval-Marin said, ‘‘There words than all others. the Muslim Crescent, but not the dis- is a revolution going on here, and it ‘‘A Washington State teacher sub- play of the Christian Nativity Scene. don’t include no Roy Rogers or Bob stituted the word ‘Christmas’ with the The judge based his decision on the no- Hope.’’ word ‘winter’ in a carol to be sung at a tion that the Muslim Crescent and I thought that was a fascinating ob- school program so as not to appear to Jewish Menorah are secular symbols, servation really, and an indication of be favoring one faith over another.’’ while the questioned Nativity Scene is in fact something that is going on here. not. It is a revolution. It is true. It is a cul- b 2200 Really, we have just tons and tons of tural revolution, and we aid and abet Let us see. Oh, a school in New Mex- examples, and, again, I just suggest those people who are desirous of sepa- ico, this is just fascinating, a school that perhaps the best thing to do, Mr. rating themselves from the rest of district in New Mexico introduced a Speaker, is to have folks go to the web American society, creating a balkan- textbook called ‘‘500 years of Chicano site, House.Gov/Tancredo. Look at ized America, by encouraging bilingual History and Pictures,’’ and this book ‘‘Our Heritage, Our Hope.’’ We will education in schools and encouraging states that it was written ‘‘in response have these for you. the cult of multi-culturalism that per- to the Bicentennial celebration of the One more I do want to bring to your meates our society. So it is that com- 1776 American Revolution and its lies.’’ attention, because this one really was bination. It is the combination of mas- It stated its purpose is to ‘‘celebrate intriguing to me. Remember now, I sive immigration with this multi- a resistance to being colonized and ab- bring this up, I am talking about this culturalist cult that is the most dan- sorbed by racist empire builders.’’ particular part of our culture, this gerous thing we face. The book describes defenders of the multi-culturist phenomena, this multi- Now, Mr. Speaker, this has nothing Alamo as ‘‘slave owners, land specu- culturist cult that has control of a to do with race or ethnicity, it has not lators and Indian killers.’’ large part of our school system, cer- got anything to do with country of ori- Davy Crockett, they said was a can- tainly, and the textbook developers gin. This is something that would hap- nibal, and the 1847 ‘‘War on Mexico’’ and the media and on and on and on. pen to any country, no matter where it was an invasion. I bring this up in the context of a dis- was on the globe, if it practiced this The chapter headings include ‘‘Death cussion of immigration, because I be- kind of divisive sort of philosophic ap- to the Invader,’’ ‘‘U.S. Conquest and lieve that these two issues are inter- proach toward immigration. Betrayal,’’ ‘‘We Are Now a U.S. Col- woven and you cannot really discuss I was recently in a school in my dis- ony,’’ ‘‘Occupied America,’’ and ‘‘They one without the other, and as we in- trict, and it is a brand new school, it Stole the Land.’’ crease the number of people here, both has only been there a short time, and it Nicholas DeGenova, an assistant pro- legally and illegally, and as we encour- is in one of the wealthiest counties in fessor of anthropology at Columbia age those folks who come here to be the United States, by way, a county in University, told students he wanted to anything but part of the American ex- which I do not live, I hasten to say, but see ‘‘a million Mogadishus,’’ which is a perience, whatever that may be any- it is part of my district. And a beau- reference to an operation in Somalia in more in anybody’s mind, as we encour- tiful school, and very bright kids com- 1993 in which U.S. Army personnel were age them to stay separate, as we tell ing from parents that are well-to-do, pinned down in a fierce firefight. them they should not learn English, who have given them all kinds of ad- Eighteen Americans were killed, 84 that we will teach them in their lan- vantages, and they certainly have all wounded. guage in the public schools, that they the economic and educational advan- DeGenova added, ‘‘The only true he- should keep that language, that they tages they could ask for. roes are those who find ways to help should keep their culture, and they They came into an auditorium where defeat the U.S. military.’’ should even keep their political affili- I was to address them for a while, and He is an assistant professor of an- ations and connections to the country we talked for, I don’t know, half an thropology at Columbia University. of origin, that this cult of multi- hour, maybe an hour. And then they Administrators at Columbia University culturalism then is enhanced by this were sending up their questions. One of have expressed regret, saying they policy on the part of our government. them sent a question up to me and it

VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.210 H01PT2 H2064 CONGRESSIONAL RECORD — HOUSE April 1, 2004 said, ‘‘What do you think is the most their hands. I do not think any of them uniquely western and that we have serious problem that we face as the Na- did. But maybe they did not think the every reason to be proud of. We are the tion here?’’ question was addressed to them. I am instigator. We brought the concept of I said, ‘‘Well, I am going to ask you not sure. the rule of law to the world. Western a question, and perhaps then I will be But it was nonetheless fascinating to civilization provided that. It was an able to answer yours.’’ I said, ‘‘How me. And what I believe has happened, outgrowth of the Greeks, the Romans many people in this room,’’ by the way, and what I would love to test, I mean, and eventually through the English, there were about 200 kids, and I said, I would love every Member, Mr. Speak- the Magna Carta and our own Constitu- ‘‘How many people in this auditorium er, next time they go and speak to a tion. right now will agree with the following high school in their district, at the ap- It is a wonderful, wonderful tour of statement: I live in the greatest coun- propriate time, ask that question and history to see how that string is drawn try on the face of the Earth?’’ see what happens. It is illuminating. It through the pages of history and how It was so interesting to see this. is illustrative. It is a fascinating thing we come to this position and how we There was all kinds of shifting about to watch. Because what you see are were started as a Nation, unique and discomfort. You could see it. And people who are intellectually unarmed among all nations of the Earth. We finally maybe two dozen kids out of 200 to defend the proposition that they live were started on the basis of ideas. raised their hand. Two dozen kids out in the best country in the world, be- Ideas. Not because a potentate, a king of 200 said, yes, I think this is the best cause they have been taught over and or anybody else drew some lines and country on the face of the Earth. over and over again by all kinds of called it a country. We started because I hasten to add, I think there were textbooks and all kinds of teachers of ideas, ideas of great value and ideas many more in that room that wanted that they cannot ever say a thing like to say that. I do not mean to suggest that, because it would indicate some that we must transmit to our children that people, all of these kids, disliked actual existence of, you know, good and to immigrants coming to this or hated America. I will say that it is and evil; better and best; good and bad. country. apparent to me as a teacher, I taught We do not have that, and we cannot for many years, I have seen that look have it, and we cannot think of it. We b 2215 on faces before in my classroom when cannot think of ourselves as being spe- There must be something, some set you ask a question and the kid has this cial, and no matter what other cultures sort of look like, well, if I put my hand might do and what they might think of ideas around which we can all gath- up, he might call on me. I better not do about the human condition, we cannot er, something that means we are dif- it, because I am not sure I could defend condemn them, we cannot say any- ferent and special and holds us to- the proposition. thing bad about them, for fear of of- gether, because there is nothing really That is what was happening. Even fending the multi-culturist police that other than that. We are people from all though they may have felt that they haunt our schools and our lives in kinds of different backgrounds and cul- were living in the best country in the many ways. tures and countries and histories and world, they also knew they could not I fear this is the most dangerous languages and all of that sort of thing. defend it if I asked them to, if I had thing. The answer to the question So the one thing that we should try challenged them. They were looking at those kids asked me then is this is to have to bring all of these disparate the sides of the walls where their what I believe is the most severe prob- factions together is a set of ideas. And teachers were standing along the wall lem we face in America, this abandon- yes, they are ideas promulgated out of in this auditorium, and looking at ment of the ideas and ideals of western western civilization, and we should them, and it was a very peculiar situa- civilization that actually came to- never, ever, ever be ashamed of it. We tion. It was uncomfortable for them. gether to create this incredible coun- should extol those ideas to ourselves, I do not know how uncomfortable it try. to our children, and to immigrants, be- was for most of the teachers, and I did There are things about which we can cause it will determine the fate of the not even notice whether they raised be so proud. There are things that are Nation.

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HIGHLIGHTS See Resume of Congressional Activity. Senate Otis Webb Brawley, Jr., of Georgia, to be a Chamber Action Member of the Board of Regents of the Uniformed Routine Proceedings, pages S3519–S3598 Services University of the Health Sciences for a term Measures Introduced: Twelve bills and two resolu- expiring June 20, 2009. (Reappointment) tions were introduced, as follows: S. 2268–2279, and Vinicio E. Madrigal, of Louisiana, to be a Member Res. 327–328. Pages S3566–67 of the Board of Regents of the Uniformed Services Measures Passed: University of the Health Sciences for a term expiring June 20, 2009. (Reappointment) Normandy Landing Anniversary: Committee on Michael W. Marine, of Vermont, to be Ambas- the Judiciary was discharged from further consider- sador to the Socialist Republic of Vietnam. ation of S.J. Res. 28, recognizing the 60th anniver- sary of the Allied landing at Normandy during Routine lists in the Army. Pages S3597–98 World War II, and the resolution was then passed. Messages From the House: Page S3565 Page S3595 Measures Referred: Page S3566 Small Business Temporary Extension: Senate Enrolled Bills Presented: Page S3565 passed H.R. 4062, to provide for an additional tem- porary extension of programs under the Small Busi- Executive Communications: Page S3566 ness Act and the Small Business Investment Act of Executive Reports of Committees: Page S3566 1958 through June 4, 2004, clearing the measure for Additional Cosponsors: Pages S3567–68 the President. Page S3595 Statements on Introduced Bills/Resolutions: Welfare Reform Reauthorization: Senate contin- ued consideration of H.R. 4, to reauthorize and im- Pages S3568–90 prove the program of block grants to States for tem- Additional Statements: Pages S3564–65 porary assistance for needy families, improve access Amendments Submitted: Pages S3590–94 to quality child care, taking action on the following amendment proposed thereto: Notices of Hearings/Meetings: Page S3594 Pages S3529–38, S3544–57 Authority for Committees to Meet: Pages S3594–95 Pending: Privilege of the Floor: Page S3595 Boxer/Kennedy Amendment No. 2945, to amend the Fair Labor Standards Act of 1938 to provide for Record Votes: One record vote was taken today. an increase in the Federal minimum wage. (Total—65) Page S3538 Page S3529 Adjournment: Senate convened at 9:30 a.m., and During consideration of this measure today, Senate adjourned at 6:12 p.m., until 9 a.m., on Friday, also took the following action: April 2, 2004. (For Senate’s program, see the re- By 51 yeas to 47 nays (Vote No. 65), three-fifths marks of the Majority Leader in today’s Record on of those Senators duly chosen and sworn, not having page S3596.) voted in the affirmative, Senate rejected the motion to close further debate on the committee amendment in the nature of a substitute. Page S3538 Nominations Received: Senate received the fol- lowing nominations: D334

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 April 1, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D335 Committee Meetings APPROPRIATIONS: AGRICULTURE Committee on Appropriations: Subcommittee on Agri- (Committees not listed did not meet) culture, Rural Development, and Related Agencies concluded a hearing to examine proposed budget es- APPROPRIATIONS: NATIONAL INSTITUTES timates for fiscal year 2005 for certain programs OF HEALTH under its jurisdiction, after receiving testimony from Committee on Appropriations: Subcommittee on Labor, Eric M. Bost, Under Secretary for Food Nutrition Health and Human Services, and Related Agencies, and Consumer Services, Elsa A. Murano, Under Sec- and Education concluded a hearing to examine pro- retary for Food Safety, and William T. Hawks, posed budget estimates for fiscal year 2005 for the Under Secretary for Marketing and Regulatory Pro- National Institutes of Health, after receiving testi- grams, all of the Department of Agriculture; and mony from Elias Zerhouni, Director, National Insti- Lester M. Crawford, Acting Commissioner, Food and tutes of Health, Department of Health and Human Drug Administration, Department of Health and Services, who was accompanied by several of his asso- Human Services. ciates. DEFENSE AUTHORIZATION Committee on Armed Services: Committee concluded a APPROPRIATIONS: INDIAN HEALTH hearing to examine the proposed Defense Authoriza- SERVICE tion Request for fiscal year 2005, focusing on the Committee on Appropriations: Subcommittee on Interior military strategy and operational requirements of the and Related Agencies concluded a hearing to exam- unified and regional commands, after receiving testi- ine proposed budget estimates for fiscal year 2005 mony from Admiral Thomas B. Fargo, USN, Com- for the Indian Health Service, Department of Health mander, U.S. Pacific Command, U.S. Navy; General and Human Services, after receiving testimony from Leon J. LaPorte, USA, Commander, United Nations Charles W. Grim, Assistant Surgeon General, and Command and Republic of Korea/United States Director, Indian Health Service, and Gary J. Hartz, Combined Forces Command, and Commander, U.S. Assistant Surgeon General, Acting Director, Office Forces Korea, U.S. Army; and General James T. of Public Health, both of the Department of Health Hill, USA, Commander, U.S. Southern Command, and Human Services. U.S. Army. APPROPRIATIONS: DEPARTMENT OF DEFENSE AUTHORIZATION HOUSING AND URBAN DEVELOPMENT Committee on Armed Services: Subcommittee on Readi- Committee on Appropriations: Subcommittee on VA, ness and Management Support concluded a hearing HUD, and Independent Agencies concluded a hear- to examine the proposed Defense Authorization Re- ing to examine proposed budget estimates for fiscal quest for fiscal year 2005, focusing on military in- year 2005 for the Department of Housing and stallation programs, after receiving testimony from Urban Development, after receiving testimony from Raymond F. DuBois, Deputy Under Secretary of De- John Weicher, Commissioner, Federal Housing Ad- fense for Installations and Environment; Major Gen- ministration, Michael Liu, Assistant Secretary for eral Larry J. Lust, USA, Assistant Chief of Staff for Public and Indian Housing, Roy A. Benardi, Assist- Installation Management, U.S. Army; Rear Admiral ant Secretary for Community Planning and Develop- Christopher Weaver, USN, Commander, Navy In- ment, all of the Department of Housing and Urban stallations Command; Brigadier General Willie J. Development. Williams, USMC, Assistant Deputy Commandant, Installations and Logistics (Facilities), U.S. Marine U.S. POSTAL SERVICE Corps; and Major General L. Dean Fox, USAF, Air Committee on Appropriations: Subcommittee on Trans- Force Civil Engineer. portation, Treasury, and General Government held a BUSINESS MEETING hearing to examine future challenges facing the Committee on Banking, Housing, and Urban Affairs: United States Postal Service, focusing on the Trans- Committee ordered favorably reported S. 1508, to formation Plan of both the near-term and long-term address regulation of secondary mortgage market en- efforts that will result in a continued ability to ful- terprises, with an amendment in the nature of a sub- fill the mission of the Postal Service—to deliver stitute. business and personal mail affordably to everyone, everywhere, receiving testimony from John E. Potter, NASA’S BUDGET Postmaster General and Chief Executive Officer, U.S. Committee on Commerce, Science, and Transportation: Postal Service. Committee concluded a hearing to examine the

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President’s proposed fiscal year 2005 budget request at Brussels on December 10, 2003 (Treaty Doc. for the National Aeronautics and Space Administra- 108–18), Additional Protocol Between the United tion (NASA), focusing on goals set forth in the new States of America and the Slovak Republic to the U.S. space exploration policy, major implementation Treaty Between the United States of America and elements and associated budget details, implications the Czech and Slovak Federal Republic Concerning for NASA’s organization, and what the Nation’s fu- the Reciprocal Encouragement and Protection of In- ture in exploration and discovery will look like in vestment of October 22, 1991, signed at Brussels on the coming years, after receiving testimony from September 22, 2003 (Treaty Doc. 108–19), Addi- Sean O’Keefe, Administrator, National Aeronautics tional Protocol Between the Government of the and Space Administration. United States of America and the Government of the AIR QUALITY STANDARDS Republic of Latvia to the Treaty for the Encourage- ment and Reciprocal Protection of Investment of Committee on Environment and Public Works: Sub- January 13, 1995, signed at Brussels on September committee on Clean Air, Climate Change and Nu- 22, 2003 (Treaty Doc. 108–20), Additional Protocol clear Safety concluded an oversight hearing to exam- Between the Government of the United States of ine the implementation of the National Ambient Air America and the Government of the Republic of Quality Standards for particulate matter and ozone, Lithuania to the Treaty for the Encouragement and focusing on Federal and State governments meeting Reciprocal Protection of Investment of January 14, standards to improve air quality, after receiving tes- 1998, signed at Brussels on September 22, 2003 timony from Michael O. Leavitt, Administrator, En- (Treaty Doc. 108–21), and the Additional Protocol vironmental Protection Agency; Robert A. Eckels, Between the United States of America and the Re- County Judge, Harris County, Texas; Michael Fisher, public of Poland to the Treaty Between the United Greater Cincinnati Chamber of Commerce, Cin- States of America and the Republic of Poland Con- cinnati, Ohio; and George D. Thurston, New York cerning Business and Economic Relations of March University School of Medicine, New York. 21, 1990, signed at Brussels on January 12, 2004 ECONOMIC TREATIES (Treaty Doc. 108–22), after receiving testimony from Committee on Foreign Relations: Committee concluded Shaun E. Donnelly, Acting Assistant Secretary of a hearing to examine the Convention on Inter- State for Economic and Business Affairs; and Jeffrey national Interests in Mobile Equipment and Protocol Rosen, General Counsel, Department of Transpor- to Convention on International Interests in Mobile tation. Equipment on Matters Specific to Aircraft Equip- NOMINATIONS ment, concluded at Cape Town, South Africa, on Committee on the Judiciary: Committee ordered favor- November 16, 2001 (Treaty Doc. 108–10), Addi- ably reported the nominations of Peter W. Hall, of tional Protocol Between the Government of the Vermont, to be United States Circuit Judge for the United States of America and the Government of Second Circuit, William Gerry Myers III, of Idaho, Romania Concerning the Reciprocal Encouragement to be United States Circuit Judge for the Ninth Cir- and Protection of Investment of May 28, 1992, cuit, Roger T. Benitez, to be United States District signed at Brussels on September 22, 2003 (Treaty Judge for the Southern District of California, Jane J. Doc. 108–13), Additional Protocol Between the Boyle, to be United States District Judge for the United States of America and the Republic of Bul- Northern District of Texas, Marcia G. Cooke, to be garia Amending the Treaty Between the United United States District Judge for the Southern Dis- States of America and the Republic of Bulgaria Con- trict of Florida, Paul S. Diamond, to be United cerning the Encouragement and Reciprocal Protec- States District Judge for the Eastern District of tion of Investment of September 23, 1992, signed at Pennsylvania, Walter D. Kelley, Jr., to be United Brussels on September 22, 2003 (Treaty Doc. States District Judge for the Eastern District of Vir- 108–15), Protocol Between the Government of the ginia, and Matthew G. Whitaker, to be United United States of America and the Government of the States Attorney for the Southern District of Iowa, Republic of Estonia to the Treaty for the Encourage- Department of Justice. ment and Reciprocal Protection of Investment of April 19, 1994, signed at Brussels on October 24, TEMPORARY GUEST WORKER PROPOSAL 2003 (Treaty Doc. 108–17), Additional Protocol Be- Committee on the Judiciary: Subcommittee on Immi- tween the United States of America and the Czech gration and Border Security concluded a hearing to Republic to the Treaty Between the United States of examine the security of this nation’s borders under America and the Czech and Slovak Federal Republic the proposed temporary guest worker program, after Concerning the Reciprocal Encouragement and Pro- receiving testimony from Robert Bonner, Commis- tection of Investment of October 22, 1991, signed sioner, U.S. Customs and Border Protection, and C.

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 April 1, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D337 Stewart Verdery, Jr., Assistant Secretary for Policy, NOMINATIONS Border and Transportation Security Directorate, both Committee on Veterans Affairs: Committee concluded a of the Department of Homeland Security; Donna hearing to examine the nominations of Robert N. Bucella, Director, Terrorist Screening Center, Federal Davis, to be a Judge of the United States Court of Bureau of Investigation, Department of Justice; Dan- Appeals for Veterans Claims, who was introduced by iel Griswald, Cato Institute, Washington, D.C.; and Senators Cochran and Lott; and Pamela M. Iovino, of Margaret D. Stock, U.S. Military Academy, West the District of Columbia, to be an Assistant Sec- Point, New York. retary of Veterans Affairs for Congressional Affairs, who was introduced by Representative Murphy, after the nominees testified and answered questions in their own behalf. h House of Representatives nomic, safety and infrastructure impact to the ex- Chamber Action emption. Further proceedings on the amendment Measures Introduced: 26 public bills, H.R. will continue on Friday, April 2. Pages H2034–36 4101–4126 and 2 resolutions, H. Con. Res. 403, Agreed to: and H. Res. 594, were introduced. Pages H2018–19 Young of Alaska manager’s amendment No. 1 Additional Cosponsors: Page H2019 printed in part B of H. Rept. 108–456, as modified, Reports Filed: Reports were filed today as follows: that makes various substantive and technical Conference report on H.R. 3108, to amend the changes; Page H1983 Employee Retirement Income Security Act of 1974 Eddie Bernice Johnson amendment No. 2 printed and the Internal Revenue Code of 1986 to tempo- in Part B of H. Rept. 108–456 that requires the rarily replace the 30-year Treasury rate with a rate Transportation Department to make its report on based on long-term corporate bonds for certain pen- how federal surface transportation funds are allocated sion plan funding requirements and other provisions available to the public via the Internet in a user- (H. Rept. 108–457). Page H2018 friendly format; Pages H1983–84 Chaplain: The prayer was offered today by Mon- Schiff amendment No. 6 printed in part B of H. signor James C. Kidder, Pastor, Holy Trinity Catho- Rept. 108–456 that strikes the toll requirement lic Church in El Dorado, California. Page H1793 placed on hybrid gasoline-electric car users regarding the use of high-occupancy vehicle lanes; Transportation Equity Act—A Legacy for Users: The House began consideration of H.R. 3550, to au- Pages H1990–91 thorize funds for Federal-aid highways, highway safe- Baird amendment No. 10 printed in part B of H. ty programs, and transit programs. Further pro- Rept. 108–456 that expresses the Sense of Congress ceedings will resume in Friday, April 2. to clarify that the Buy America Act applies to over- Pages H1796–H1997, H2021–36 all projects, and not their component parts; The amendment in the nature of a substitute rec- Pages H1995–96 ommended by the Committee on Transportation and LoBiondo amendment No. 13 printed in H. Rept. Infrastructure now printed in the bill, modified by 108–456 that provides states eligibility to receive the amendments printed in part A of H. Rept. Section 410, Alcohol-Impaired Countermeasures 108–456 was considered as adopted and that the bill grant funding to cover the costs of DWI vehicle im- as amended shall be considered as the original bill poundment programs; Pages H2023–24 for the purpose of further amendment. Page H2034 Wu amendment No. 14 printed in part B of H. Consideration began today on the Bradley amend- Rept. 108–456, as modified, that exempts projects, ment No. 20 printed in H. Rept. 108–456 that in- for which the Secretary of Transportation has re- creases the allowable weight of vehicles permitted to ceived an application for final design, from the small travel on interstate highways 93 and 89, in New start provisions of the bill and allows recommended Hampshire, from 80,000 to 99,000 pounds and in- new start projects, which have applied for final de- structs the New Hampshire Department of Trans- sign, to move forward on their original timeline and portation to conduct a study to discern the eco- avoid unnecessary delay; Pages H2024–25

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 D338 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2004 LaTourette amendment No. 15 printed in H. a recorded vote of 60 ayes to 367 noes, Roll No. Rept 108–456, as modified, that requires that in the 106); Pages H1984–86, H2031–32 case of construction projects steel or iron used must Jackson-Lee amendment No. 4 printed in H. be of U.S. origin; more than 60% of the cost compo- Rept. 108–456 that sought to allow states to receive nents and subcomponents of all manufactured prod- toll credits for any local, state, or private funds con- ucts shall be of U.S. origin; and in the case of manu- tributed to a toll project that exceed the minimum factured components final assembly must occur in nonfederal 20% threshold required for federal match the U.S.; Pages H2025–27 (rejected by a recorded vote of 50 ayes to 376 noes, Bereuter amendment No. 18 printed in H. Rept. Roll No. 107); and Pages H1986–88, H2032 108–456, as modified, that continues the farm sup- Chocola amendment No. 9 printed in H. Rept. ply and agricultural commodity exemption to the 108–456 that sought to provide for a 400-pound hours of service for drivers rules and clarifies the def- weight limit exclusion for any motor vehicle inition of ‘‘agricultural commodities’’ and ‘‘farm sup- equipped with an idling reduction technology plies for agricultural purposes’’ and Pages H2030–31 verified by the Environmental Protection Agency (re- Bachus amendment No. 17 printed in H. Rept. jected by a recorded vote of 198 ayes to 228 noes, 108–456 that exempts motion picture and television Roll No. 108). Pages H1993–95, H2032–33 production truck drivers from the new hours of serv- Withdrawn: ice regulations that went into effect at the beginning Shadegg amendment No. 5 printed in part B of of this year (agreed to by a recorded vote of 365 ayes H. Rept. 108–456 that was offered and subsequently to 62 noes, Roll No. 109). Pages H2028–30, H2033–34 withdrawn that would have ensured that Congestion Rejected: Mitigation and Air Quality Improvement Program Graves amendment No. 8 printed in part B of H. funds will be made available for areas which are not Rept. 108–456 that sought to eliminate liability in attainment of air quality standards for either coarse particulate matter or fine particular matter; under state law for an owner of a motor vehicle who Pages H1988–90 is engaged in the business of renting and leasing Vitter amendment No. 7 printed in part B of H. motor vehicles provided there is no negligence or Rept. 108–456 that was offered and subsequently criminal wrongdoing on the part of the motor vehi- withdrawn that would have ensured the Interstate cle owner; Pages H1992–93 Route 49 Corridor is given priority consideration Holt amendment No. 11 printed in part B of H. under the new National Corridor Infrastructure Im- Rept. 108–456, as modified, that sought to preserve provement Program; and Pages H1991–92 the authority and right of the State of New Jersey Kirk amendment No. 21 printed in H. Rept. to restrict trucks to only using interstate highways, 108–456 that was offered and subsequently with- the New Jersey Turnpike, and the Atlantic City Ex- drawn that would have authorized states the author- pressway in New Jersey unless they are traveling to ity to administer requirements governing the sound- a terminal or making pickups or deliveries on other ing of a locomotive horn when a train approaches roads in New Jersey; Pages H1996–97 and enters upon public highway-rail grade crossings. Waters amendment No. 12 printed in part B of Page H2036 H. Rept. 108–456 that sought to prohibit the use General debate on the bill proceeded according to of funds for surface transportation projects that are a unanimous consent agreement reached on Tuesday, planned or required to implement any proposal to March 30. build a remote passenger check-in facility at Los An- Further consideration of the bill proceeded accord- geles International Airport; Pages H2022–23 ing to H. Res. 593, which was agreed to by a voice Crowley amendment No. 16 printed in H. Rept. vote, after agreeing to order the previous question by 108–456 that sought to create a pilot program that a yea-and-nay vote of 229 yeas to 194 nays, Roll facilitates the use of natural gas buses at the nation’s No. 105. Page H1845 top 25 busiest airports; Pages H2027–28 Meeting Hour: Agreed that when the House ad- Flake amendment No. 3 printed in H. Rept. journ today, it adjourn to meet at 9 a.m. on Friday, 108–456 that sought to subtract the amount that April 2. Page H2014 states receive in High Priority Program earmarks from their formula totals for the Surface Transpor- Late Report: Agreed that the Committee on Science tation Program; also prevents the Minimum Guar- have until 5 p.m. on Wednesday, April 14 to file anty Program from backfilling for what comes out reports on H.R. 3970 and H.R. 4030. Page H2034 of states’ Surface Transportation Program funding; Law Revision Counsel—Resignation: Read a letter and apportions to states, via formula, any funding from John R. Miller wherein he retired as Law Revi- remaining in the High Priority Program (rejected by sion Counsel, effective May 3, 2004. Page H2036

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Law Revision Counsel—Appointment: The Chair DISTRICT OF COLUMBIA APPROPRIATIONS announced the Speaker’s appointment of Mr. Peter Committee on Appropriations: Subcommittee on District LeFevre as Law Revision Counsel for the House of of Columbia held a hearing on Public Defender Serv- Representatives, effective May 4, 2004. Page H2037 ices, Court Services, and Offender Supervision. Testi- Pension Funding Equity Act of 2003—Order of mony was heard from the following officials of the Business: Agreed that it be in order at any time to District of Columbia: Ronald S. Sullivan, Director, consider a conference report to accompany H.R. Public Defender Services; and Paul A. Quander, Jr., 1308, to amend the Employee Retirement Income Director, Court Services and Offender Supervision. Security Act of 1974 and the Internal Revenue Code FOREIGN OPERATIONS, EXPORT of 1986 to temporarily replace the 30-year Treasury FINANCING AND RELATED PROGRAMS rate with a rate based on long-term corporate bonds APPROPRIATIONS for certain pension plan funding requirements and Committee on Appropriations: Subcommittee on Foreign other provisions; that the conference report be con- Operations, Export Financing and Related Programs sidered as read; and that all points of order against held a hearing on U.S. Agency for International De- the conference report and its consideration be velopment. Testimony was heard from Andrew S. waived. Pages H1997–H2014 Natsios, Administrator, U.S. Agency for Inter- Senate Message: Message received from the Senate national Development, Department of State. today appears on page H1793. HOMELAND SECURITY APPROPRIATIONS Senate Referral: S. 275 was referred to the Com- Committee on Appropriations: Subcommittee on Home- mittees on Education and the Workforce and Energy land Security held a hearing on Information Analysis and Commerce. Page H2014 and Infrastructure Protection. Testimony was heard Quorum Calls—Votes: One yea-and-nay vote and from LTG Frank Libutti, Under Secretary, Informa- four recorded votes developed during the proceedings tion Analysis and Infrastructure Protection, Depart- today and appear on pages H1845, H2031–32, ment of Homeland Security. H2032, H2032–33, and H2033–34. There were no INTERIOR APPROPRIATIONS quorum calls. Committee on Appropriations: Subcommittee on Interior Adjournment: The House met at 10 a.m. and ad- held a hearing on the National Endowment for the journed at p.m. Arts and on the National Endowment for the Hu- manities. Testimony was heard from the following officials of the National Foundation on the Arts and Committee Meetings the Humanities: Dana Gioia, Chairman, National Endowment for the Arts; and Bruce Cole, Chairman, COMMERCE, JUSTICE, STATE, JUDICIARY National Endowment for the Humanities. AND RELATED AGENCIES APPROPRIATIONS LABOR, HHS, EDUCATION AND RELATED AGENCIES APPROPRIATIONS Committee on Appropriations: Subcommittee on Com- merce, Justice, State, Judiciary and Related Agencies Committee on Appropriations: Subcommittee on Labor, held a hearing on Broadcasting Board of Governors. Health and Human Services, Education and Related Testimony was heard from the following officials of Agencies held a hearing on Workforce Preparation the Broadcasting Board of Governors: Kenneth Tom- and Training. Testimony was heard from the fol- linson, Chairman; and Norman Pattiz, member of lowing officials of the Department of Education: the Board. Susan K. Sclafani, Assistant Secretary, Office of Vo- cational and Adult Education; and Sally Stroup, As- The Subcommittee held a hearing on Department sistant Secretary, Office of Postsecondary Education. of State International Organizations. Testimony was heard from the following officials of the Department TRANSPORTATION, TREASURY, of State: Ambassador John D. Negroponte, U. S. INDEPENDENT AGENCIES Permanent Representative to the United Nations; APPROPRIATIONS and Kim Holmes, Assistant Secretary. Committee on Appropriations: Subcommittee on Trans- The Subcommittee also held a hearing on the portation, Treasury, Independent Agencies held a Legal Services Corporation. Testimony was heard hearing on the Executive Office of the President. from the following officials of the Legal Services Testimony was heard from Tim Campen, Assistant Corporation: Helanine Barnett; President; and Frank to the President and Director of Office of Adminis- B. Strickland, Chairman. tration.

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 D340 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2004 VA, HUD AND INDEPENDENT AGENCIES DEPARTMENT OF ENERGY BUDGET APPROPRIATIONS PRIORITIES Committee on Appropriations: Subcommittee on VA, Committee on Energy and Commerce: Held a hearing en- HUD and Independent Agencies held a hearing on titled ‘‘FY 2005 Budget Priorities for the Depart- the NSF. Testimony was heard from the following ment of Energy.’’ Testimony was heard from Spencer officials of the NSF: Arden L. Bement, Acting Direc- Abraham, Secretary of Energy. tor; and Warren M. Washington, Chairman. INTER-GOVERNMENTAL TRANSFERS NATIONAL DEFENSE AUTHORIZATION Committee on Energy and Commerce: Subcommittee on BUDGET REQUEST—FUTURE COMBAT Health continued hearings entitled ‘‘Inter-govern- SYSTEM AND FORCE PROTECTION mental Transfers: Violations of the Federal-State INITIATIVES Medicaid Partnership or Legitimate State Budget Committee on Armed Services: Subcommittee on Tac- Tool?’’ Testimony was heard from Dennis G. Smith, tical Air and Land Forces held a hearing on the Fis- Director, Center for Medicaid and State Operations, cal Year 2005 National Defense Authorization budg- Centers for Medicare and Medicaid Services, Depart- et request—Future Combat System and Force Pro- ment of Health and Human Services; and Barbara tection Initiatives. Testimony was heard from Paul Edwards, Deputy Director, Office of Medicaid, De- L. Francis, Director, Acquisition and Sourcing Man- partment of Job and Family Services, State of Ohio. agement, GAO; the following officials of the Depart- SATELLITE HOME VIEWER IMPROVEMENT ment of Defense: LTG Joseph L. Yakovac, Jr., USA, REAUTHORIZATION ACT Military Deputy and Director, Army Acquisition Committee on Energy and Commerce: Subcommittee on Corps, Office of the Assistant Secretary (Acquisition, Telecommunications and the Internet held a hearing Logistics and Technology), and LTG Benjamin S. on the Satellite Home Viewer Improvement Reau- Griffin, USA, Deputy Chief of Staff, G8 (program- thorization Act of 2004. Testimony was heard from ming, materiel integration, and management), both Eloise Gore, Assistant Division Chief, Media Bu- with the Department of the Army; and LTG Edward reau’s Policy Division, FCC; and public witnesses. Hanlon, Jr., USMC, Deputy Commandant, Combat Development, U.S. Marine Corps. OVERSIGHT—OFFICE OF THE COMPTROLLER OF THE CURRENCY NATIONAL DEFENSE AUTHORIZATION BUDGET REQUEST—CHEMICAL WEAPONS Committee on Financial Services: Held a hearing enti- STOCKPILE DESTRUCTION PROGRAM tled ‘‘Oversight of the Office of the Comptroller of the Currency.’’ Testimony was heard from John D. Committee on Armed Services: Subcommittee on Ter- Hawke, Jr., Comptroller of the Currency. rorism, Unconventional Threats and Capabilities, hearing on the Fiscal Year 2005 National Defense MISCELLANEOUS MEASURES Authorization budget request—Destructions of the Committee on Government Reform: Ordered reported the U.S. Chemical Weapons Stockpile—Program and following measures: H.R. 3737, amended, Adminis- Status. Testimony was heard from Raymond J. trative Law Judges Pay Reform Act of 2004; H.R. Decker, Director, Defense Capabilities and Manage- 3751, amended, to require the Office of Personnel ment, GAO; the following officials of the Depart- and Management study and present options under ment of Defense: Dale E. Klein, Assistant to the Sec- which dental and vision benefits could be made retary, Nuclear, Chemical and Biological Defense available to Federal employees and other appropriate Programs; Claude Bolton, Assistant Secretary of the classes of individuals; H.R. 4012, to amend the Dis- Army (Acquisition, Technology and Logistics); Pat trict of Columbia College Access Act of 1999 to per- Wakefield, Deputy Assistant Secretary (Chemical manently authorize the public school and private Demilitarization and Counterproliferation); and Mike school tuition assistance programs established under Parker, Director, U.S. Army Chemical Material the Act; H.R. 1822, to designate the facility of the Agency; Craig Conklin, Chief, Nuclear and Chemical United States Postal Service located at 3751 West Hazards Branch Preparedness Division, Emergency 6th Street in Los Angeles, California, as the ‘‘Dosan Preparedness and Response Directorate, Department Ahn Chang Ho Post Office’’; H.R. 3939, to redesig- of Homeland Security; Patrick J. Meehan, M.D., nate the facility of the United States Postal Service Deputy Director, Program National Center for Envi- located at 14–24 Abbot Road in Fair Lawn, New ronmental Health, Centers for Disease Control and Jersey, as the ‘‘ Mary Ann Collura Post Office Prevention and Agency for Toxic Substances and Buidling’’; H.R. 3942, to designate the facility of Disease Registry, Department of Health and Human the United States Postal Service located at 7 Com- Services. mercial Boulevard in Middletown, Rhode Island, as

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 April 1, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D341 the ‘‘Rhode Island Veterans Post Office Building’’; IMMIGRATION AND NATIONALITY ACT— H.R. 4037, to designate the facility of the United PRESCRIBE OATH OF RENUNCIATION AND States Postal Service located at 475 Kell Farm Drive ALLEGIANCE in Cape Girardeau, Missouri, as the ‘‘ Richard G. Committee on the Judiciary: Subcommittee on Immi- Wilson Processing and Distribution Facility’’; H. gration, Border Security and Claims held a hearing Res. 399, Honoring the life and legacy of Melvin on H.R. 3191, to prescribe the oath of renunciation Jones and recognizing the contributions of Lions and allegiance for purposes of the Immigration and Clubs International; H. Res. 578, Supporting the Nationality Act. Testimony was heard from Rep- goals and ideals of Financial Literacy Month; and S. resentative Ryun of Kansas; Alfonso Aguilar, Chief, Con. Res. 97, Recognizing the 91st annual meeting Office of Citizenship, U.S. Citizenship and Immigra- of the Garden Club of America. tion Services, Department of Homeland Security; and public witnesses. ‘‘AFGHANISTAN: ARE THE BRITISH COUNTERNARCOTICS EFFORTS GOING LUMBEE RECOGNITION ACT WOBBLY?’’ Committee on Resources: Held a hearing on H.R. 898, Committee on Government Reform: Subcommittee on Lumbee Recognition Act. Testimony was heard from Criminal Justice, Drug Policy and Human Re- Representatives McIntyre and Burr; Michael Olsen, sources, hearing entitled ‘‘Afghanistan: Are the Brit- Counselor to the Assistant Secretary, Indian Affairs, ish Counternarcotics Efforts Going Wobbly?’’ Testi- Department of the Interior; and public witnesses. mony was heard from Robert Charles, Assistant Sec- retary, International Narcotics and Law Enforcement GREEN CHEMISTRY RESEARCH AND Affairs, Department of State. DEVELOPMENT ACT OF 2004 MARIJUANA AND MEDICINE Committee on Science: Ordered reported, as amended, H.R. 3970, Green Chemistry Research and Develop- Committee on Government Reform: Subcommittee on ment Act of 2004. Criminal Justice, Drug Policy and Human Resources held a hearing entitled ‘‘Marijuana and Medicine: LUNAR SCIENCE AND RESOURCES: FUTURE The Need for a Science-Based Approach.’’ Testimony OPTIONS was heard from the following officials of the Depart- ment of Health and Human Services: Nora D. Committee on Science: Subcommittee on Space held a Volkow, Director, National Institute on Drug hearing on Lunar Science and Resources: Future Op- Abuse, NIH; and Robert J. Meyer, M.D., Director, tions. Testimony was heard from public witnesses. Office of Drug Evaluation II, Center for Evaluation and Research, FDA; Patricia Good, Chief, Liaison OVERSIGHT—AIRPORT DEREGULATION and Policy Section, Office of Diversion Control, Committee on Transportation and Infrastructure: Sub- DEA, Department of Justice; and public witnesses. committee on Aviation held an oversight hearing on Airport Deregulation. Testimony was heard from Jef- AFRICA—FIGHTING TERRORISM frey N. Shane, Under Secretary, Policy, Department Committee on International Relations: Subcommittee on of Transportation; James E. Bennett, President and Africa held a hearing on Fighting Terrorism in Afri- CEO, Metropolitan Washington Airports Authority; ca. Testimony was heard from Karl Wycoff, Asso- Bonnie Allin, President and CEO, Tucson Airport ciate Coordinator, Press, Policy and Plans, Office of Authority, Tucson, Arizona; and public witnesses. the Coordinator for Counterterrorism, Department of State, and public witnesses. OVERSIGHT—REPORT VA’S VOCATIONAL REHABILITATION AND EMPLOYMENT AL-QAEDA—THREAT TO U.S. AND ALLIES SERVICE TASK FORCE Committee on International Relations: Subcommittee on Committee on Veterans Affairs: Subcommittee on Bene- International Terrorism, Nonproliferation and fits held an oversight hearing to receive the report Human Rights held a hearing on Al-Qaeda: The of the VA Vocational Rehabilitation and Employ- Threat to the United States and Its Allies. Testi- ment Service Task Force. Testimony was heard from mony was heard from Ambassador-at-Large J. Cofer Dorcas R. Hardy, Chairman, Vocational Rehabilita- Black, Coordinator for Counterterrorism, Department tion and Employment Service Task Force, Depart- of State. ment of Veterans Affairs.

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 D342 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2004 BOARD OF TRUSTEES 2004 ANNUAL 30-year Treasury rate with a rate based on long-term REPORTS corporate bonds for certain pension plan funding re- Committee on Ways and Means: Continued hearings on quirements and other provisions. the Board of Trustees 2004 Annual Reports. Testi- f mony was heard from the following officials of the Centers for Medicare and Medicaid Services, Depart- NEW PUBLIC LAWS ment of Health and Human Services: Leslie V. Nor- (For last listing of Public Laws, see DAILY DIGEST, p. D264) walk, Acting Deputy Administrator; and Jeff Flick, S. 2231, to reauthorize the Temporary Assistance San Francisco Regional Administrator. for Needy Families block grant program through MEDICARE DISCOUNT DRUG CARD June 30, 2004. Signed on March 31, 2004. (Public Law 108–210) Committee on Ways and Means: Subcommittee on S. 2241, to reauthorize certain school lunch and Health held a hearing on The Medicare Discount child nutrition programs through June 30, 2004. Drug Card. Testimony was heard from Representa- Signed on March 31, 2004. (Public Law 108–211) tive Foley; Michael McMullan, Deputy Director, Center for Beneficiary Choices, Centers for Medicare f and Medicaid Services, Department of Health and COMMITTEE MEETINGS FOR FRIDAY, Human Services; and public witnesses. APRIL 2, 2004 COUNTERNARCOTICS BUDGET (Committee meetings are open unless otherwise indicated) Permanent Select Committee on Intelligence: Met in execu- tive session to hold a hearing on the Counter- Senate narcotics Budget. Testimony was heard from depart- Committee on Armed Services: Subcommittee on Emerging mental witnesses. Threats and Capabilities, to hold hearings to examine the proposed Defense Authorization Request for fiscal year INTELLIGENCE COMMUNITY LANGUAGE 2005, focusing on the Department of Defense Counter- CAPABILITIES narcotics Program; to be followed by a closed session in Permanent Select Committee on Intelligence: Sub- SR–232A, 9:30 a.m., SR–222. committee on Intelligence Policy and National Secu- House rity met in executive session to hold a hearing on Intelligence Community Language Capabilities. Tes- Committee on Energy and Commerce, Subcommittee on En- timony was heard from departmental witnesses. vironment and Hazardous Materials, hearing and markup of H.R. 2771, to amend the Safe Drinking Water Act to reauthorize the New York City Watershed Protection Joint Meetings Program, 9:30 a.m., 2123 Rayburn. PENSION FUNDING EQUITY ACT Permanent Select Committee on Intelligence, executive, hear- ing on Special Programs Budget, 9 a.m., H–405 Capitol. Conferees agreed to file a conference report on the dif- ferences between the Senate and House passed Joint Meetings versions of H.R. 3108, to amend the Employee Re- Joint Economic Committee: to hold hearings to examine tirement Income Security Act of 1974 and the Inter- the employment situation for March, 9:30 a.m., 1334 nal Revenue Code of 1986 to temporarily replace the LHOB.

VerDate mar 24 2004 02:35 Apr 03, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP4.PT2 D01AP4 April 1, 2004 CONGRESSIONAL RECORD—DAILY DIGEST D343

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through March 31, 2004 January 20 through March 31, 2004 Senate House Total Civilian nominations, totaling 292 (including 195 nominations carried Days in session ...... 39 33 . . over from the First Session), disposed of as follows: Time in session ...... 299 hrs. 197 hrs., 47 . . Confirmed ...... 42 Congressional Record: Unconfirmed ...... 242 Pages of proceedings ...... 3517 1791 . . Withdrawn ...... 7 Extensions of Remarks ...... 500 . . Returned to White House ...... 1 Public bills enacted into law ...... 6 7 13 Private bills enacted into law ...... Other Civilian nominations, totaling 1,027 (including 5 nominations carried over from the First Session), disposed of as follows: Bills in conference ...... 1 9 . . Measures passed, total ...... 68 126 194 Confirmed ...... 225 Unconfirmed ...... 801 Senate bills ...... 14 9 . . Withdrawn ...... 1 House bills ...... 12 44 . . Senate joint resolutions ...... Air Force nominations, totaling 7,794, (including 3,572 nominations House joint resolutions ...... 2 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 7 4 . . Confirmed ...... 4,664 House concurrent resolutions ...... 9 16 . . Unconfirmed ...... 3,130 Simple resolutions ...... 26 51 . . Measures reported, total ...... 34 48 82 Army nominations, totaling 1,671, (including 594 nominations carried Senate bills ...... 27 1 . . over from the First Session), disposed of as follows: House bills ...... 6 26 . . Confirmed ...... 1,439 Senate joint resolutions ...... Unconfirmed ...... 232 House joint resolutions ...... Senate concurrent resolutions ...... 1 . . . . Navy nominations, totaling 2,552, (including 2,444 nominations car- House concurrent resolutions ...... 2 . . ried over from the First Session), disposed of as follows: Simple resolutions ...... 19 . . Confirmed ...... 2,498 Special reports ...... 1 . . Unconfirmed ...... 54 Conference reports ...... Marine Corps nominations, totaling 1,160, (including 2 nominations Measures pending on calendar ...... 181 85 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 322 570 892 Confirmed ...... 60 Bills ...... 263 400 .. Unconfirmed ...... 1,100 Joint resolutions ...... 4 8 . . Concurrent resolutions ...... 12 54 . . Simple resolutions ...... 43 108 . . Summary Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 64 77 . . Total nominations received this Session ...... 7,684 Recorded votes ...... 26 . . Total confirmed ...... 8,928 Bills vetoed ...... Total unconfirmed ...... 5,559 Vetoes overridden ...... Total withdrawn ...... 8 Total returned to the White House ...... 1 * These figures include all measures reported, even if there was no accom- panying report. A total of 32 reports have been filed in the Senate, a total of 49 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Friday, April 2 9 a.m., Friday, April 2

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Complete consideration of H.R. ing business. 3550, Transportation Equity Act: A Legacy for Users.

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