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

Vol. 150 WASHINGTON, FRIDAY, JUNE 25, 2004 No. 90 House of Representatives The House met at 9 a.m. MESSAGE FROM THE SENATE HELPING DISADVANTAGED The Chaplain, the Reverend Daniel P. A message from the Senate by Mr. YOUTHS Coughlin, offered the following prayer: Monahan, one of its clerks, announced (Mr. OSBORNE asked and was given Lord God, bring the best possible re- that the Senate has passed without permission to address the House for 1 solve to work today for the common amendment bills and a joint resolution minute and to revise and extend his re- good of the people. As we anticipate of the House of the following titles: marks.) the July 4 holiday, we ask Your bless- H.R. 884. An act to provide for the use and Mr. OSBORNE. Mr. Speaker, yester- ing upon Your Nation and Your protec- distribution of the funds awarded to the day H.R. 4703 was introduced in re- tion of our military forces. Provide Western Shoshone identifiable group under sponse to a report issued by the White safe travel and may peace await all at Indian Claims Commission Docket Numbers House Task Force for Disadvantaged their final destination. 326–A–1, 326–A–3, and 326–K, and for other Youth. The findings of the study are as The American practice of coming to- purposes. follows: gether in prayer, relating faith to his- H.R. 2751. An act to provide new human Number one, 10 million American capital flexibilities with respect to the GAO, toric events and national celebrations teens are plagued by poverty, abuse has taught people with clashing creeds and for other purposes. H.R. 4103. An act to extend and modify the and neglect, academic failure and sub- to stand united in religious tolerance trade benefits under the African Growth and stance abuse. and mutual respect. Perhaps, Lord, in Opportunity Act. Number two, the Federal Govern- doing so, America has been spared H.J. Res. 97. Joint resolution approving the ment has created 355 programs to serve some of the religious conflicts that renewal of import restrictions contained in youth in response to these deficits and continue to afflict other places in the the Burmese Freedom and Democracy Act of afflictions. The result has been chaotic. world. 2003. Two-thirds of the programs evaluated So, Lord, on this forthcoming cele- The message also announced that the by OMB were rated ineffective or re- bration of Independence Day, may we Senate has passed a bill and concurrent dundant. truly rejoice in our God-given right to resolutions of the following titles in This bill would create a Federal freedom of religious expression. For in which the concurrence of the House is Youth Development Council. The Coun- You, our God, we place our trust now requested: cil is charged with, number one, im- and forever. Amen. S. 2322. An act to amend chapter 90 of title proving and coordinating youth-serv- 5, United States Code, to include employees ing programs; number two, issuing an f of the District of Columbia courts as partici- annual report on youth programs and pants in long term care insurance for Fed- their effectiveness; and, number three, THE JOURNAL eral employees. setting quantifiable goals and devel- The SPEAKER. The Chair has exam- S. Con. Res. 83. Concurrent resolution pro- moting the establishment of a democracy oping a plan for each program. ined the Journal of the last day’s pro- caucus within the United States. This legislation will allow more chil- ceedings and announces to the House S. Con. Res. 120. Concurrent resolution pro- dren in need to be served more effec- his approval thereof. viding for a conditional adjournment or re- tively. It is supported by an over- Pursuant to clause 1, rule I, the Jour- cess of the Senate and the House of Rep- whelming majority of youth agencies. I nal stands approved. resentatives. urge support of H.R. 4703. The message also announced that f f pursuant to section 7102(a)(ii) of Public CARING FOR OUR VETERANS Law 108–132, the Chair, on behalf of the PLEDGE OF ALLEGIANCE Majority Leader, appoints the fol- (Ms. HERSETH asked and was given The SPEAKER. Will the gentle- lowing individual to serve as a member permission to address the House for 1 woman from South Dakota (Ms. of the Parents Advisory Council on minute and to revise and extend her re- HERSETH) come forward and lead the Youth Drug Abuse: marks.) House in the Pledge of Allegiance. Laurens Tullock of Tennessee. Ms. HERSETH. Mr. Speaker, Ameri- Ms. HERSETH led the Pledge of Alle- cans know that we have asked a great giance as follows: f deal of our uniformed men and women over the life of this Republic in pre- I pledge allegiance to the Flag of the ANNOUNCEMENT BY THE SPEAKER United States of America, and to the Repub- serving liberty at home and fostering lic for which it stands, one nation under God, The SPEAKER. The Chair will enter- liberty abroad. We continue to ask for indivisible, with liberty and justice for all. tain 5 one-minute speeches per side. and receive tremendous sacrifices from

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 May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.000 H25PT1 H5074 CONGRESSIONAL RECORD — HOUSE June 25, 2004 the members of our Armed Forces billion and they will give the pharma- fering an amendment has caused it to be today. ceutical industry an additional $139 bil- printed in the portion of the Congressional As we do this, however, we must not lion. Record designated for that purpose in clause forget that we are now creating a new Where else in America can you invest 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of generation of veterans. We must ac- $141 and get a $185 billion return on consideration of the bill for amendment the knowledge our obligation to this gen- your money? The GOP Congress, but of Committee shall rise and report the bill to eration of heroes who deserve what has course. the House with such amendments as may been promised them, particularly in By overpaying private insurance have been adopted. The previous question the areas of health care, disability companies, denying the Secretary of shall be considered as ordered on the bill and compensation and educational opportu- Health and Human Services the ability amendments thereto to final passage with- nities. to negotiate for lower prices and block- out intervening motion except one motion to Supporting our troops means, among ing the free market from working and recommit with or without instructions. other things, providing them with the allowing Americans to get safe, afford- The SPEAKER pro tempore (Mr. resources to get the job done in the able drugs from Canada and Europe, LAHOOD). The gentleman from Texas dangerous situations in which we have the Medicare bill is everything the (Mr. SESSIONS) is recognized for 1 hour. put them; but it also means ensuring HMOs and pharmaceutical companies Mr. SESSIONS. Mr. Speaker, for the that we know and understand our paid for and requested. purpose of debate only, I yield the cus- troops’ needs when they return home We are doing everything we can in tomary 30 minutes to the gentleman and how to best meet those needs. this bill except the things that will ac- from Massachusetts (Mr. MCGOVERN), Over the next week, as we celebrate tually lower prescription drug prices. pending which I yield myself such time the anniversary of our independence, I Yesterday the Bush administration as I may consume. During consider- will be traveling across South Dakota, announced that they will provide drug ation of this resolution, all time yield- meeting with the family members of coverage to patients with some serious ed is for the purpose of debate only. troops whose National Guard and Re- diseases, less than 10 percent of them The resolution before the House serve units have been deployed. I will though. They will decide which seri- today provides for consideration of the listen to their stories and concerns, ously ill individuals will get their 2005 Energy and Water Development and I will share my commitment to Medicare coverage now by the lottery. Appropriations bill under an open rule them to respect and honor the sac- There are 600,000 people eligible for that provides for 1 hour of general de- rifices their loved ones are making. It medical coverage, but we are denying bate, equally divided and controlled by is in this spirit that I commit to work- this coverage to 90 percent of them, the chairman and ranking member of ing with my colleagues to adequately cancer patients, people with multiple the Committee on Appropriations. acknowledge what is owed to our vet- sclerosis, and arthritis. We can do bet- It waives all points of order against erans and to provide it to them both ter in lowering the prices of drugs than consideration of the bill, and under the today and in the decades to come. by lottery. rules of the House, the bill shall be considered for amendment by para- f f graph. The rule waives points of order HONORING ROLLAND B. ‘‘BOB’’ PROVIDING FOR CONSIDERATION against provisions in the bill as amend- LYONS OF H.R. 4614, ENERGY AND ed for failure to comply with clause 2 (Mr. MCCOTTER asked and was given WATER DEVELOPMENT APPRO- of rule XXI except as specified in the permission to address the House for 1 PRIATIONS ACT, 2005 resolution. minute and to revise and extend his re- Mr. SESSIONS. Mr. Speaker, by di- It authorizes the chairman to accord marks.) rection of the Committee on Rules, I priority in recognition to Members who Mr. MCCOTTER. Mr. Speaker, on call up House Resolution 694 and ask have been preprinted their amend- June 17 a friend to our community, Mr. for its immediate consideration. ments in the CONGRESSIONAL RECORD, Rolland B. ‘‘Bob’’ Lyons passed away The Clerk read the resolution, as fol- and finally it provides one motion to following a courageous fight with can- lows: recommit with or without instructions. cer in which his courage never faltered Mr. Speaker, I rise today to intro- H. RES. 694 or failed. Enduring and self-effacing, duce the rule for H.R. 4614, the Energy Resolved, That at any time after the adop- and Water Development Appropriations this entrepreneurial genius and civic tion of this resolution the Speaker may, pur- leader, who used to like to call himself suant to clause 2(b) of rule XVIII, declare the Act of 2005. This legislation provides ‘‘just a ditch digger from Ann Arbor,’’ House resolved into the Committee of the for a total of $28 billion in new discre- was a truly unique character. Whole House on the state of the Union for tionary spending authority for the civil He had a massive toy collection. He consideration of the bill (H.R. 4614) making U.S. Army Corps of Engineers, the De- created a reproduction of a 19th cen- appropriations for energy and water develop- partment of Interior, the Department tury hardware store in his office. And ment for the fiscal year ending September 30, of Energy and several associated Inde- most of all, he liked to wear some of 2005, and for other purposes. The first read- pendent Agencies. ing of the bill shall be dispensed with. All I would like to thank my friend, the the most outrageous seersucker suits points of order against consideration of the and bow ties that you would ever see, bill are waived. General debate shall be con- chairman, the gentleman from Ohio at least back home in Michigan. fined to the bill and shall not exceed one (Mr. HOBSON), for his leadership and vi- Bob was probably one of the people in hour equally divided and controlled by the sion in crafting this legislation and for life that you would meet that you chairman and ranking minority member of striking a good balance between exist- could not but befriend. I would like to the Committee on Appropriations. After gen- ing prudent fiscal restraint and funding extend my condolences to his family eral debate the bill shall be considered for our Nation’s energy and water develop- and to all who, in knowing Bob Lyons, amendment under the five-minute rule. ment priorities. Points of order against provisions in the bill could not but love him. This bill increases funding for our for failure to comply with clause 2 of rule Nation’s energy and water priorities at f XXI are waived except as follows: beginning $734.5 million above 2004 levels, and MEDICARE LOTTERY with ‘‘Provided’’ on page 2, line 23, through page 3, line 5; sections 105, 106, 107, 108, 109, $49.6 million above the President’s (Mr. EMANUEL asked and was given 110, and 311; beginning with ‘‘Provided’’ on budget request, while ensuring that permission to address the House for 1 page 39, line 23, through page 40, line 4; and this money is spent wisely on programs minute and to revise and extend his re- section 502. Where points of order are waived that also reflect the needs and the core marks.) against part of a paragraph, points of order missions that its agencies find within Mr. EMANUEL. Mr. Speaker, yester- against a provision in another part of such their mission statements. day it was reported that the pharma- paragraph may be made only against such This legislation adequately funds the provision and not against the entire para- ceutical industries and HMO industries graph. During consideration of the bill for Corps of Engineers and concentrates its spent $141 million with the prescription amendment, the Chairman of the Committee resources on helping to fulfill its tradi- drug bill. With the Medicare bill, tax- of the Whole may accord priority in recogni- tional missions such as flood control, payers will give HMOs an additional $46 tion on the basis of whether the Member of- shoreline protection, navigation and

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.002 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5075 safety on our Nation’s waterways. Over trict and includes some 792 acres of Yucca Mountain project, this appro- the last few years, the Corps has been land that are currently in a 100-year priation bill rightly tells the adminis- given an increased workload to com- flood plain. tration to go sell stupid somewhere plete with an inadequate budget. This I support this project and this bill, else. bill focuses on protecting our critical and I urge my colleagues to do the I also want to commend the chair- infrastructure and completing out- same by supporting the rule and the man and the committee for its actions standing projects while prioritizing our underlying legislation. on nuclear weapons development. The Nation’s infrastructure needs in a Mr. Speaker, I reserve the balance of bill strips out funding for the Robust thoughtful and efficient way. my time. Nuclear Earth Penetrator weapons, It provides funding needed to main- b 0915 also known as ‘‘bunker busters.’’ I tain, operate, and rehabilitate the Bu- share the chairman’s frustration that reau of Reclamation projects through- Mr. MCGOVERN. Mr. Speaker, I the Energy Department seems to be to- out the western United States and pro- thank the gentleman from Texas (Mr. tally ignoring the restrictions Congress tects the Federal investment in west- SESSIONS) for yielding me the cus- has placed on this research. ern water infrastructure. It also en- tomary 30 minutes. The bill also eliminates funding for sures that renewable energy programs (Mr. MCGOVERN asked and was the Advanced Concepts program to de- are funded at $343 million, $1 million given permission to revise and extend velop a new generation of nuclear above the fiscal year 2004 amounts. his remarks.) weapons and zeros out the funding for Under this legislation, the Depart- Mr. MCGOVERN. Mr. Speaker, I yield siting a new Modern Pit Facility to ment of Energy receives a total of myself 7 minutes. manufacture new triggers for nuclear $22.48 billion, an increase of $511 mil- Mr. Speaker, I am pleased to support weapons. lion over fiscal year 2004. As with the the Energy and Water Appropriations In addition, the bill does not provide Corps, this legislation tasks the De- bill, and I congratulate the chairman funds to move test readiness at the Ne- partment of Energy with beginning to and the ranking member and the sub- vada test facility up from 24 months to prepare its 5-year budget plans, first committee Chair and the ranking 18 months. Mr. Speaker, instead, the for individual programs and then an in- member for their hard work and dili- bill has placed emphasis on the consoli- tegrated plan for the entire Depart- gence in bringing this appropriations dation of bomb material for greater ment. This plan must include business bill to the floor in a timely fashion. safety and security and on the dis- plans for each of the DOE laboratories, Specifically, this bill provides a total assembly of surplus nuclear weapons. so that Congress and the Department of $27.9 billion for the Department of On these matters, I believe the bill can understand the mission and re- the Army Corps of Engineers, the Inte- reflects realistic national security and source needs of each laboratory to en- rior Department’s Bureau of Reclama- budget priorities, and I commend the sure that they can use their funding tion, the Department of Energy and a chairman and ranking member for that is provided more efficiently. handful of independent agencies includ- their leadership. Funding for the National Nuclear Se- ing the Nuclear Regulatory Commis- Mr. Speaker, while I support this bill curity Administration is $9 billion, an sion. on the whole, I feel compelled to ex- increase of $372 million over fiscal year I am especially pleased that this bill press my disappointment in the fund- 2004 and a decrease of $22 million from soundly rejects the administration’s ing levels for renewable energy tech- the budget request. The United States continuing efforts to dramatically re- nologies. Just 2 weeks ago senior offi- has in place a strategic plan to realign duce funding for the Civil Works pro- cials from the United States and 153 and modernize our nuclear arsenal, gram of the U.S. Army Corps of Engi- other nations met at a conference in however, much of the DOE weapons neers. The administration’s fiscal year Bonn, Germany, where they unani- complex is still sized to support a Cold 2005 budget request for the Army Corps mously endorsed a communique com- War stockpile. The funding included in of Engineers was actually $460 million mitting to a substantial increase ‘‘with this bill will help NNSA to review its less than the Corps received in fiscal a sense of urgency’’ in the percentage weapons complex in relation to the se- year 2004 and $578 million below what it of renewable sources to meet global en- curity needs, budget constraints and received in fiscal year 2003. This is tan- ergy needs. this new stockpiling plan while still tamount to a systematic attempt to Reportedly, the delegates of the con- providing adequate funding for its on- cripple the Civil Works program. ference did not set specific targets or going operations and needs. As a Member with mainly inland wa- timetables as a concession in order to Finally, this bill provides $202 mil- terways in my district, I value and ap- get President Bush’s administration on lion for several independent agencies, preciate the extraordinary work the board. The President has said he favors including the Defense Nuclear Facili- Corps performs on behalf of the cities the invisible hand of the free market ties Board, the Delta Regional Author- and towns we represent. In this bill, over government regulation. ity, the Nuclear Regulatory Commis- the committee has wisely given both Sadly, this appropriations bill does sion and its Inspector General, the Nu- the specific guidance and the sufficient not reflect the sense of urgency which clear Waste Technical Review Board, resources the Corps needs to address is needed in increased funding for re- and the Office of Inspector General for the projects it is presently charged newable energy sources. I can tell you the Tennessee Valley Authority. with completing. that my constituents in Massachu- Mr. Speaker, I am very proud of this Mr. Speaker, I also want to applaud setts, who are paying on average $2.10 legislative product, created by our the committee for plainly exposing the per gallon at the pump, do not have Committee on Appropriations with administration’s funding scheme for much faith that ‘‘the invisible hand’’ of input from many Members. It will help the proposed nuclear waste repository the free market is going to show up to fund our Nation’s energy and water at Yucca Mountain in Nevada. This any time soon and drive gas prices development needs. project is riddled with scientific uncer- down either. I would also like to personally com- tainty and threatens millions of Amer- Mr. Speaker, this Nation cannot af- mend the gentleman from Ohio (Mr. icans, both in Nevada and in commu- ford to wait any longer. We cannot af- HOBSON) for his hard work and vision in nities along the transportation routes. ford to continue underfunding renew- crafting this legislation. And I would Notwithstanding the many health and able energy and efficiency programs also like to thank the chairman for his safety concerns that should stop the while our dependence on foreign inclusion of level funding, that was im- Yucca Mountain project from going sources of oil grows and our natural portant to this Member, for the Dallas forward, OMB’s attempt to use a budg- gas shortage worsens. We need to move Floodway Extension Project which is a et gimmick to leverage $749 million of with all deliberate speed to signifi- cornerstone in Dallas, Texas, for our the administration’s $880 million re- cantly increase funding for renewable Trinity River Corridor Project. quest is a cynical and shameless at- sources of energy. This project will help Dallas to miti- tempt to cook the books on the total I have start-up fuel cell companies gate flood risks in over 12,500 struc- budget deficit. By refusing to loosen and established photovoltaic manufac- tures in Dallas’ central business dis- the purse strings on funding for the turers in my district like Mechanology,

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.004 H25PT1 H5076 CONGRESSIONAL RECORD — HOUSE June 25, 2004 Protonex, Cell Tech Power and Ever- opportunity to debate an amendment ducers to game and corrupt the west- green Solar that are doing remarkable that will actually make a real dif- ern energy market, and consumers things, but they are struggling to com- ference in the lives of the people of this were gouged billions of dollars. In pete with other countries who are leav- country. We can do much better than March 2001, Congressional Democrats ing us behind in the race to a new en- this, and I will urge my colleagues to wrote to the President for help and we ergy economy because they cannot get vote ‘‘no’’ on the previous question. are still waiting for the reply. the Federal funding support they need Mr. Speaker, I reserve the balance of In 2002, Democratic Members of the to continue research and development. my time. California delegation asked six times And the invisible hand of the free mar- Mr. SESSIONS. Mr. Speaker, I yield for a Congressional investigation and ket economy is not helping them out myself such time as I may consume. hearings on market manipulation. It either. Mr. Speaker, I do want to quote my never happened. In 2003, we tried to ad- Meanwhile, we spend our time here colleague who said that this is a good dress the refunds issue with amend- passing ill-conceived energy bills for a bill. It is a good bill and it does deserve ments to the Energy Policy Act. Noth- second time that grant $23 billion in to be passed. It also is a bill that does ing happened. tax breaks and subsidies to the oil and not need to address what is known as Over 4 years we have tried everything gas industry. Surely, if we can do that, the Eshoo amendment, because it has we could to help consumers in the Pa- then we can do better in funding our already been addressed. It has been ad- cific Northwest and California. This renewable energy technologies. dressed in the H.R. 6 conference report work is summarized in a five-page doc- Mr. Speaker, the appropriators have and H.R. 4503 that was passed last week ument which, Mr. Speaker, I include done their job, and while I would like by the House and is pending in the Sen- for the record. to see a more comprehensive bill, I be- ate; and that will provide the authority The House must consider this amend- lieve that the appropriators have done to FERC to ensure that the proper ele- ment today because we are running out their job well. ments are taken care of as it relates to of opportunities to right the wrongs Let me be the first to commend the serious allegations that have been which created the crimes itself. This gentleman from Ohio (Mr. HOBSON) and raised, especially in California. amendment will first amend the Fed- the ranking member, the gentleman I do thank the gentleman for his sup- eral Power Act by changing the rules from Indiana (Mr. VISCLOSKY) for their port of the bill. I believe he has quali- for refunds effective dates under Sec- work. fied it appropriately, and I do, too, give tion 206. Currently, these rules allow With that being said, my main regret thanks to the gentleman from Ohio refunds after a complaint has been is that the Republican leadership de- (Mr. HOBSON) for the work he has done. filed. This amendment will allow re- cided not to make in order the amend- Mr. Speaker, I would like to notify funds for all overcharges regardless of ment offered by the gentlewoman from the gentleman from Massachusetts when a complaint has been filed. This California (Ms. ESHOO) and the gentle- (Mr. MCGOVERN) that at this time I do change will require FERC to order re- woman from California (Ms. LOFGREN). not have any speakers as a result of funds for the gouging that occurred in The Eshoo-Lofgren amendment is the adequacy of the bill that has taken the West and elsewhere in the Nation simple. It would require that the Fed- care of many requests on this side; and in 2000 and 2001. eral Emergency Regulatory Commis- so I would like to inform the gen- Two, it requires FERC to open new sion order refunds whenever sellers of tleman that I would allow him to go investigations, if necessary, to award electricity charge rates that are not ahead and consume the time that is refunds to western consumers. just and reasonable. This will require necessary. Three, it requires the FERC to step FERC to order refunds stemming from Mr. Speaker, I will reserve the bal- in to order refunds whenever manipula- the market manipulation that occurred ance of my time. tion occurs in the future in any State in California and the Pacific Northwest Mr. MCGOVERN. Mr. Speaker, I yield in our country. in 2000 and 2001. It would also require 41⁄2 minutes to the gentlewoman from Four, it requires the FERC to allow FERC to disclose documents and evi- California (Ms. ESHOO). California to participate in heretofore dence that it has obtained in its inves- (Ms. ESHOO asked and was given per- secret negotiations between FERC and tigation of Enron in manipulation of mission to revise and extend her re- power producers who were thought to the western energy market; and it marks.) have engaged in market manipulation. would require FERC to allow States to Ms. ESHOO. Mr. Speaker, I thank the And lastly, it requires the FERC to fully participate in FERC proceedings gentleman from Massachusetts (Mr. make public all documents that it is and negotiations on market manipula- MCGOVERN), who has been a wonderful holding related to the manipulation of tion. supporter of our effort that has been the western energy market in 2000 and At the end of this debate, I will offer stretched out over 4 years. 2001. a motion to defeat the previous ques- Mr. Speaker, I strongly support the tion. If the previous question is de- underlying bill. It is an excellent one, b 0930 feated, the gentlewoman from Cali- and I commend the gentleman from And let there be no doubt, there were fornia (Ms. ESHOO) and the gentle- Ohio (Mr. HOBSON) and the ranking wrongs. The Enron tapes which CBS woman from California (Ms. LOFGREN) member, the gentleman from Indiana broadcast earlier this month make it will offer their amendment to the En- (Mr. VISCLOSKY) for their bipartisan all too clear that companies were ma- ergy and Water Appropriations bill for leadership of the Subcommittee on En- nipulating the market. They bragged fiscal year 2005. This is an important ergy and Water Development. But I about stealing money from ‘‘those poor proconsumer amendment, and it de- rise to urge the defeat of the previous grandmothers in California.’’ serves to be considered today. question on the rule, because the rule Some of the language was so profane Mr. Speaker, when is enough enough? does not provide a waiver for the that by congressional action it was It is sad that the Republican leadership amendments to address market manip- deemed it could not be broadcast. The feels compelled to continue to protect ulation and require the Federal Energy language was shocking and the facts in the Enrons of the world. It is time that Regulatory Commission to take action the transcripts chilling. They are part we hold these companies accountable, to refund consumers’ dollars that were of a litany of evidence of widespread and the Eshoo-Lofgren amendment is manipulated. market manipulation. the right prescription for this ailment. I testified before the Committee on There are smoking gun memos in Mr. Speaker, yesterday we engaged Rules yesterday that this amendment which Enron admitted how they gamed in a colossal waste of time as the lead- be made in order, but the request was the market. They had names for each ership of this House forced the Mem- denied. one of their undertakings. We have bers of this House to spend an entire I think the word ‘‘denial’’ pretty well transcripts of employees of Reliant En- day to debate a bill and amendments sums up the response of Congressional ergy describing how they gamed the that were defeated by substantial mar- Republicans and the FERC to the west- market; and with that striking evi- gins; and yet the leadership of this ern energy crimes. In 2000 and 2001, dence, FERC chose to negotiate a set- House is unable to allow us to have the FERC essentially allowed energy pro- tlement in this case for pennies on the

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.006 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5077 dollar without allowing California to ments on proposed legislation to ‘‘fix’’ prob- May 25, 2001—Ten respected economists, in- participate. lems in the Western energy market. Mem- cluding Alfred Kahn, architect of deregula- We have reams of evidence discovered bers note the omission of any provision to tion in the airline industry, write to Presi- by the State of California. We have the address the excessively high cost of elec- dent Bush and the Congressional leadership tricity. No formal reply is received. to express support for cost-of-service based Justice Department’s indictments and March 30, 2001—Democratic Members from rates for electricity in the western market. plea agreements with many energy California, Washington, and Oregon write to June 2, 2001—Rep. Eshoo delivers the traders and producers. Even the FERC President Bush to urge him to address the Democratic response to the President’s found ‘‘significant market manipula- high cost of wholesale electricity and ‘‘inves- weekly radio address on the energy crisis. tion.’’ But, despite the evidence, the tigate recent allegations of overcharges’’ in June 7, 2001—21 Western Democrats write the Western energy market. No substantive to FERC Chairman Curtis Hebert to request FERC has been reluctant to order re- the opportunity to testify before the Com- funds to compensate consumers even reply is received from the President. April 4, 2001—H.R. 1468 is introduced with mission in a public meeting. though it has the obligation to protect the support of 30 California Democrats. The June 12, 2001—California Democratic Con- energy consumers of our country. bill requires the Federal Energy Regulatory gressional Delegation meets with Vice Presi- dent Cheney about the energy crisis. Vice Mr. Speaker, it has been 4 long years Commission to impose cost-of-service pricing President promises no intervention to allevi- since the crisis began. Consumers have in the Western electricity market and to ate high prices. been waiting for relief. We think they order the refund of overcharges. June 13, 2001—29 members of the California April 10, 2001—U.S. Secretary of Energy deserve it and they should have it. I Democratic Congressional Delegation write urge my colleagues to defeat the pre- Spencer Abraham writes to Members of Con- to Vice President Cheney following a CNN vious question and allow this amend- gress to update them on the Administra- report that the White House and Congres- tion’s efforts to address the energy crisis. ment to come to the floor. sional Republicans funded an advertising The Secretary discounts the crisis as ‘‘a sup- campaign to oppose price mitigation in the CONGRESSIONAL ACTIVITY TO ADDRESS THE ply crisis’’ and states the Administration’s West. ENERGY CRISIS—CHRONOLOGY HIGHLIGHTS opposition to price mitigation. June 19, 2001—FERC expands its April 26th 2000 April 16, 2001—California Democrats on the order to cover the entire West during all June 14, 2000—First blackout of the elec- House Energy and Commerce Committee hours of operation, requires all generators to tricity crisis and first blackout in California write to FERC Commissioner Linda K. make their power available, and continues to since World War II. Breathitt to urge her to support cost-of-serv- base the mitigated price on the least effi- August 2, 2000—San Diego Gas & Electric ice pricing in the West. cient generator. FERC determines that re- Company (SDG&E) files a complaint under April 26, 2001—FERC issues an order estab- funds are owed and orders administrative Rule 206 under the Federal Power Act lishing a price mitigation plan during stage hearings to determine the amount. against western power suppliers, alleging 1, 2, and 3 power emergencies. The order sets June 19, 2001—Members of the California that market prices are ‘‘unjust and unrea- the mitigated price on the most inefficient, and Western delegations testify before the sonable.’’ Calls on the Federal Energy Regu- polluting generator in the State. Generators House Rules Committee in support of amend- latory Commission (FERC) to impose price can exceed the mitigated price if they justify ments to H.R. 2246, the Fiscal Year 2001 Sup- limits. their costs. plemental Appropriations bill. The amend- November 1, 2000—FERC reports that May 1 and 3, 2001—House Energy and Air ments would require FERC to impose cost- wholesale electricity prices have been and Quality Subcommittee holds hearing on H.R. of-service pricing in the West and order elec- have the potential to continue to be ‘‘unjust 1647, The Electricity Emergency Act of 2001— tricity generators to pay refunds of rates that are ‘‘unjust and unreasonable.’’ The and unreasonable.’’ a bill with the purported purpose of solving the energy crisis by increasing the supply of Rules Committee, chaired by California Re- 2001 electricity. Among other proposals, the bill publican David Dreier, refuses to allow the January 19, 2001—25 members of the Cali- calls for the suspension of federal environ- consideration of these amendments. fornia delegation write to FERC to urge it to mental laws that might diminish energy pro- June 20, 2001—Representative NANCY address the high price of electricity in Cali- duction. California Governor Gray Davis and PELOSI attempts to bring a cost-of-service fornia. the California Energy Commission and Air amendment to H.R. 2246 to the floor. Repub- January 20, 2001—Representatives Duncan Resources Board report that environmental licans block it on a procedural objection. Hunter and Anna G. Eshoo introduce H.R. 238 protection laws are not an impediment to en- June 20, 2001—Governor Gray Davis, with to amend the Department of Energy Author- ergy production. The bill does not address many Members of the California Congres- ization Act to authorize the Secretary of En- runaway prices. sional Delegation in attendance, testifies be- ergy to impose interim limitations on the May 1, 2001—Members of the California Re- fore the Senate Governmental Affairs Com- cost of electric energy to protect consumers publican Delegation meet with Vice Presi- mittee about FERC’s activities in the West- from unjust and unreasonable prices in the dent Dick Cheney on the energy crisis. Cali- ern energy market. June 30, 2001—California Democratic Con- electric energy market. A bipartisan group fornia Democrats are not invited. of thirty-two Western Members cosponsor May 3, 2001—California Democratic Con- gressional Delegation writes to FERC Chair- man Curtis Hebert about 32 important Cali- the bill. Senate companion (S. 26) introduced gressional Delegation Chair Sam Farr writes fornia-related cases that were pending before by Senators Dianne Feinstein and Barbara Vice President Cheney criticizing him for ex- the Commission for an extended period of Boxer on January 22, 2001. cluding California Democrats from his May January 30, 2001—Representative Bob Fil- time. Reply dated August 28, 2001. 1, 2001 meeting with California Republicans. July 17 and 18, 2001—House Energy and ner introduces H.R. 268, the California Elec- Rep. Farr requests a meeting with the Vice Commerce Committee holds markup of the tricity Consumers Relief Act, that requires President. Committee Print, Energy Advancement and FERC to order refunds retroactive to the be- May 4, 2001—44 Democratic Members of Conservation Act. Committee defeats two ginning of the crisis on June 1, 2000. Congress write to Secretary Abraham to use amendments offered by the California Demo- March 2, 2001—Representatives Hunter and his authority to address price gouging in the crats on the Committee to impose cost-of- Eshoo write to House Energy and Commerce West. Reply reiterating the Administration’s service pricing and require the refund of Committee Chairman Billy Tauzin and opposition to ‘‘price caps’’ mailed July 2, overcharges. House Energy and Air Quality Subcommittee 2001. August 1, 2001—Floor consideration of H.R. Chairman Joe Barton to call for a hearing on May 17, 2001—Vice President Cheney and 4, Securing America’s Future Energy. House the Western energy crisis and H.R. 238. the National Energy Policy Development defeats Rep. Waxman’s cost-of-service pric- March 6, 2001—House Subcommittee on En- Group (NEPDG) submit their recommenda- ing amendment by 157–274. The Rules Com- ergy and Air Quality holds hearing—Con- tions to President Bush. The recommenda- mittee refuses to make in order an amend- gressional Perspectives on Electricity Mar- tions do not include anything to address run- ment offered by Representatives Eshoo and kets in California and the West and National away prices in the West. About the Western Harman to require refunds of overcharges. Energy Policy. energy crisis, the NEPDG writes, ‘‘Though October 29, 2001—Rep. Eshoo testifies be- March 20 and 22, 2001—House Sub- weather conditions and design flaws in Cali- fore a FERC technical conference on behalf committee on Energy and Air Quality holds fornia’s electricity restructuring plan con- of the California Democratic Congressional hearing—‘‘Electricity Markets: California.’’ tributed, the California electricity crisis is Delegation. Requests that the Commission’s March 22, 2001—House Democrats write to at heart a supply crisis’’ (National Energy price mitigation plan remain in force until President Bush to urge him to fill FERC va- Policy, page 1–3). The report blames Cali- the market has stabilized. Asks the Commis- cancies, to call on FERC to investigate and fornia for not building enough generating sion to act quickly in ordering refunds. mitigate high electricity prices in Cali- plants, ‘‘there are no short-term solutions to November 27, 2001—California Democrats fornia, and to replace FERC Chair Curtis long-term neglect.’’ on the House Energy and Commerce Com- Hebert. No reply is received from the Presi- May 25, 2001—84 Democratic Members of mittee write to Energy and Air Quality Sub- dent. the House write President Bush to request committee Chairman Barton to urge him to March 23, 2001—California Democrats on that he back a price mitigation amendment address the problem of market power in en- the House Energy and Commerce Committee to H.R. 1647 based on H.R. 1468. No reply is ergy markets within draft electricity re- respond to the majority’s request for com- received from the President. structuring legislation. No reply is received.

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.008 H25PT1 H5078 CONGRESSIONAL RECORD — HOUSE June 25, 2004 2002 ter with a recitation of the Committee’s pre- fornia energy refunds signed by 37 parties: February 14, 2002—Members of the Cali- vious work on the Western energy crisis in California’s 2 Senators, 33 House California fornia Delegation write to House Energy and 2001. The Chairman notes that he requested Democrats, State Senate President Pro Tem Commerce Committee Chairman Tauzin to and received the documents he received from John Burton, and State Assembly Speaker urge him to investigate and hold hearings on the Federal Energy Regulatory Commission Fabian Nunez. The brief supports the Cali- the business conduct and pricing practices of (FERC), which were being reviewed by ma- fornia parties’ lawsuit that FERC follow the Enron during the Western energy crisis. jority and minority staffs. However, he does Court’s order to use the existing Remedy May 8, 2002—The California Democratic not explain why the Committee has not held Proceeding—a forum subject to judicial re- Congressional Delegation and 4 North- a hearing since the Enron ‘‘smoking gun’’ view—to collect evidence of energy market western Democrats write Chairman Tauzin, memos were made public. The Chairman manipulation, rather than non-public inves- urging him to open an investigation and to does not respond to the request for access to tigatory proceedings that shut CA con- hold hearings on market manipulation in the the FERC documents. sumers out of the process. Western energy market after FERC posts in- August 21, 2002—California Democrats on June 2, 2004—CBS News broadcasts tapes ternal Enron memos detailing how the com- the House Energy and Commerce Committee unearthed by Snohomish Public Utility Dis- pany artificially inflated prices. Memos indi- respond to Chairman Tauzin’s letter, and trict which capture Enron traders bragging cate that other companies adopted the same again ask for a serious, independent inves- in profane terms about their effort to manip- practices that Enron did. tigation of the Western Energy market. The ulate the Western Energy Market. May 9, 2002—The Securities and Exchange letter reiterates the request for access to June 14, 2004—All 33 California House Commission announces investigation into FERC documents obtained by the Com- Democrats write to FERC to request that it the ‘‘round-trip’’ trades between Dynegy, an mittee. address the issues raised by the Enron tapes. energy marketer that sold into the Cali- 2003 June 15, 2004—The House defeats motion to fornia market, and CMS Energy of Dearborn, January 9, 2003—The California Demo- recommit H.R. 4305, the Energy Policy Act of Michigan. cratic Congressional Delegation writes to 2004, 192–230 (Roll Call Vote 240). The motion May 15–16, 2002—Senate Consumer Affairs, the Chairman of the Federal Regulatory En- would have added language to the bill that Foreign Commerce, & Tourism Sub- ergy Commission (FERC) Patrick Wood, III, will enable California consumers to receive committee holds hearing on Enron memos to reject the findings of Administrative Law equitable refunds. entitled, ‘‘Examining Enron: Developments Judge Bruce Birchman (Refund Case EL00– Mr. MCGOVERN. Mr. Speaker, I yield Regarding Electricity Price Manipulation in 95–045) because he recommended that energy 4 minutes to the gentlewoman from California.’’ Rep. Eshoo and Harman attend. generators who supplied power to California California (Ms. LOFGREN). The Senate Energy and Natural Resources during the 2000–2001 energy crisis owe far less Ms. LOFGREN. Mr. Speaker, the sad Committee holds a similar hearing. than the $8.9 billion that California is seek- June 5, 2002—California Democrats on the ing. tale of our energy rip-off in the western House Energy and Commerce Committee March 3, 2003—The California parties (in- United States is really before us today. lead 75 House Members, including Minority cluding the Governor and the Attorney Gen- We started out reacting in a bipartisan Leader Gephardt, in a letter to House Speak- eral of California, the California Public Util- way, but, in reviewing the history, I er Hastert and Energy and Commerce Chair- ities Commission, and the state’s major inde- note that after House Republicans met man Tauzin to ask for an investigation of en- pendently-owned utilities) present to the with the Vice President on May 1, 2001, ergy suppliers. Commission more than 1,000 pages of evi- June 5, 2002—31 California Democrats write dence of widespread market power abuse and that bipartisan effort did stall. to FERC Chairman Patrick Wood to urge market manipulation. The California parties We have tried for 4 years to get re- him to extend FERC’s price mitigation plan had to go to the Ninth Circuit Court of Ap- sults. In June, 2001, the California dele- for the West beyond September 30, 2002 when peals to force the Commission to allow them gation asked for amendments to H.R. it is due to expire. to discover and present this evidence. 2246; and the Committee on Rules re- June 18, 2002—The General Accounting of- March 26, 2003—The Federal Energy Regu- fused to allow those amendments fice issues a report that exposes weaknesses latory Commission (FERC) released a de- which would provide a refund for un- in FERC’s ability to regulate energy mar- tailed report on the California Energy crisis, concluding that there was widespread manip- just and unreasonable rates. kets. The report says, ‘‘FERC is not ade- In July, 2001, amendments were of- quately performing the oversight that is ulation in the California energy market. needed to ensure that the price produced by However, FERC did not propose increasing fered in the markup in the Committee [energy] markets are just and reasonable and refunds substantially to reflect the gaming on Energy and Commerce; and Repub- therefore, it is not fulfilling its regulatory that took place. In particular, FERC contin- licans refused to allow the requirement mandate.’’ ued to insist that the State of California of refunds in overcharges. June 19, 2002—California Democrats on the could not receive refunds on the short-term In August of 2001, the Committee on House Energy and Commerce Committee electricity purchases it made to keep the Rules refused to make in order an lights on. write to Chairman Tauzin again to urge a amendment to require refunds of over- hearing and investigations, noting that the April 2, 2003—During the Energy and Com- GAO report indicates that FERC is not up to merce Committee markup of the Energy Pol- charges. doing the job on its own. icy Act (H.R. 6) Rep. Eshoo offers an amend- In June of 2002, the GAO report indi- June 20, 2002—Congress Daily AM reports, ment to increase the refunds for California cated that the FERC was really not ‘‘House Republicans agreed [June 19, 2002] to consumers by $5 billion. The amendment doing the job, but Congress and the ad- hold a hearing to examine whether trading simply required the Federal Energy Regu- ministration did nothing about it. firms such as Enron Corp., may have ille- latory Commission (FERC) to refund all ‘‘un- In April, 2003, the effort was made gally manipulated electricity prices in the just and unreasonable’’ charges the State of again through H.R. 6 to refund all un- West.’’ The article continued, ‘‘The hearing California incurred for the short-term energy purchases it made to keep the lights on dur- just and unreasonable charges, but, would serve as a spring board for a broader again, we were blocked in that effort. inquiry into price manipulation and FERC’s ing the California energy crisis in 2001. The ability to oversee the Market [Energy and amendment failed on a vote of 21 to 30 in the Finally, in May, 2004, Californians, Commerce Committee Chairman] Tauzin Energy and Commerce Committee. Rep. including the attorney general, the said.’’ Eshoo, supported by the California Demo- chief law enforcement officer of the July 25, 2002—California Democrats on the cratic Congressional Delegation, attempts to State of California, filed a lawsuit to House Energy and Commerce Committee bring the amendment to the floor for consid- try and get the law followed. write to Chairman Tauzin again to urge a eration several days later but not one Cali- Now, what is the problem here? We hearing and investigations, noting that he fornia Republican would support the amend- ment and it wasn’t considered. had energy manipulation. We had a has not fulfilled his public promise a month theft. California was a crime victim. earlier to hold hearings and investigate en- September 25, 2003—31 Members of the Cali- ergy transactions in the West. The letter fornia Democratic Congressional Delegation When there was a fire, they were notes that this work should be completed be- write to FERC Chairman Wood reiterating quoted as saying, ‘‘burn, baby, burn, fore Chairman moves ahead with the consid- previous concerns that FERC is having a that is a beautiful thing,’’ the trader eration of electricity provisions in the poor record in defending the interests of said about the massive fire; and they House-Senate Conference Committee on H.R. California consumers, lacks an effective also said he is just F-ing California, 4, the comprehensive energy bill. Finally, price mitigation plan, refuses to order the renegotiation of unjust and unreasonable meaning he steals money from Cali- the letter asks for access to documents that fornia to the tune of about a million. Committee obtained from FERC. The docu- long-term contracts, and has thus far short- changed consumers in the refund pro- Mr. Speaker, we need to do some- ments had been compiled by FERC as a part thing about this. Yesterday, we asked of an investigation that it initiated fol- ceedings. lowing inquiries from U.S. Senators. 2004 that the Eshoo amendment be made in July 26, 2002—Chairman Tauzin responds to May 6, 2004—An amicus brief is filed at the order so we could get the refunds and the Western Representatives May 8, 2002 let- 9th Circuit Court regarding FERC and Cali- relief that citizens in the West are due.

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.004 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5079 It was mentioned at the time that be- Over the last year and a half, the energy and water. Sometimes the Sen- cause this litigation has been filed that gentleman from Ohio (Chairman HOB- ate goes more towards energy invest- somehow it would be improper to pro- SON) has been all over the country fa- ments and takes away water money, ceed with Congress’ action. That is miliarizing himself with our varied sometimes the House has more water, simply not the case. missions, both in the Corps of Engi- less energy. This committee has bal- Earlier this week, I was in the Com- neers and the Department of Energy. anced the approach from the very mittee on the Judiciary. I have been a The gentleman from Indiana (Mr. VIS- start, which is what we need. member of the Committee on the Judi- CLOSKY), the ranking member, is a For instance, in the Tennessee Val- ciary for 91⁄2 years. We were marking thoughtful and diligent member who ley, we have this river system with a up enhanced penalties for terrorism has made enormous contributions; and number of dams and locks, but we have crimes, and the issue was raised, these this is possibly the best bipartisan one lock with bad concrete growth new penalties are going to be imposed work we will see through the appro- problems. The Corps of Engineers has on individuals whose prosecutions are priations process this year. said for a number of years it needs to under way. We got a lengthy letter The things I want to point to during be replaced, but it is a $300 million from the Justice Department pointing the debate to bring the rule up and ticket. This bill starts the process of out that there was no problem in terms pass this bill with tremendous bipar- replacing the Chickamauga lock on the of ex post facto issues and that we tisan support today are, first and fore- Tennessee River. could proceed. most, frankly, in the wake of Sep- The gentleman from Tennessee (Mr. I am mindful, when the World War II tember 11, the enhanced security at our DUNCAN) from the Subcommittee on Memorial was threatened because of its nuclear weapons facilities that is Water Resources and the Environment, time frame because of a lawsuit filed manifested in this bill. This is the re- our chairman, he wrote a bill to re- by NEPA, the House of Representatives sult of a chairman who went out and place this lock; and we passed the bill. acted and simply removed the World looked at these facilities, many times The President signed the bill into law. War II Memorial from NEPA coverage. in a very classified setting, but came This committee puts the money in to I voted for that because I wanted to get back and really dug in to get to the start the process. We need to get it the memorial approved. bottom of what needs to be done and rolling and clean it up. Earlier this year, there was an ar- accelerate those improvements as Now, what does this bill not have? cane issue between interns and resi- much as possible in this bill. I want to This bill does not have everything we dents employed by medical schools and thank him because I represent one of need to keep the nuclear energy pro- hospitals on whether or not that was those facilities, and we are going to be gram in this country robust and grow- an employment or an educational much more secure in the months and ing which has been flat for a number of issue, and it was in court over an anti- years ahead because of the leadership years because of the long-term waste trust case. We voted actually to define of the gentleman from Ohio (Mr. HOB- issue. That is the Yucca Mountain that relationship as an educational re- SON). piece. We do not have the money. We lationship, ending the litigation. I Secondly, I was with the Secretary of are going to keep fighting. We believe voted for that because I thought it was Energy yesterday; and we were touting that nuclear is a safe, clean alternative appropriate for Congress to step in and how this bill even ramps up the admin- to fossil emissions. If Members want protect medical education in America. istration’s commitment to science and clean air, we need nuclear power. It can never be correct that Congress research, supercomputing, fusion en- Other countries get it. Other coun- is excused from doing its job because ergy, the next breakthroughs that will tries which are more environmentally someone filed a lawsuit. If that were lead to a productive society in future sensitive, from time to time, than the case, all we would need to do to years in this bill. The Congress is even America are in the nuclear business be- paralyze the House of Representatives doing more than the administration. cause they see it as clean green energy. and the Senate would be to have people The administration is doing more than We need that, but we have to work out file lawsuits. last year. We are making great break- this long-term storage issue. That is I would like to say this, that for throughs. This is the seed corn of a Yucca Mountain. We fully funded it those who are refusing to act still, now productive American society, and this last year. The chairman knows that we in our fourth year who are through Congress is responding through this have to have this, but we do not have their actions, whether intended or not, committee’s work. the money. But we are not giving up. covering up and protecting the wrong- I am excited. We really do have a This is the beginning of the process doers at Enron and others, I feel a kin- team of leadership on the sub- with the Senate, with the budgeteers ship with that story told to me in law committee that gets it, and we need it. and all of the people who would have school: It is like the guy who kills his We have nanoscale research now at a imposed caps on it. This is a great bill parents and then throws himself on the level we have never had. This sub- with bipartisan support. mercy of the court because he is an or- committee is honoring that. Mr. MCGOVERN. Mr. Speaker, I yield phan. Another great initiative of this ad- myself such time as I may consume. Let us act on the Eshoo amendment ministration is we have all of these nu- Mr. Speaker, let me repeat what I and get relief for California. clear weapons facilities from the Cold said at the beginning. We have no prob- Mr. SESSIONS. Mr. Speaker, I yield 5 War legacy. We have been maintaining lem with this bill. We congratulate the minutes to the gentleman from Ten- them at billions and billions of dollars gentleman from Ohio (Chairman Hob- nessee (Mr. WAMP), the vice chairman of annual cost. We should clean them son) and the gentleman from Indiana of the subcommittee. up quicker. It is called accelerated (Mr. VISCLOSKY), the ranking member, (Mr. WAMP asked and was given per- cleanup. It is a Bush-Abraham initia- for a job well done. We are just frus- mission to revise and extend his re- tive. This Congress is fully funding ac- trated the Committee on Rules, when marks.) celerated cleanup all across the coun- it comes to amendments of substance, Mr. WAMP. Mr. Speaker, I thank the try. Spend more money early so we do continues to shut us out. That is what gentleman from Texas (Mr. SESSIONS) not have to spend all that money later. we are upset about today. and state what a great Member of Con- Accelerated cleanup is honored in Mr. Speaker, I yield 4 minutes to the gress the gentleman is. this committee’s work; and I am very gentleman from California (Mr. SHER- I want to come this morning, after a grateful, again representing one of MAN). long year, and thank the staff. Kevin those sites where for a number of years Mr. SHERMAN. Mr. Speaker, in the Cook, the majority staff and the mi- we were just stirring the money around late 1990s, California, whose energy nority staff have worked diligently and in a pot every year and asking for markets dominate the effect up and have created a very balanced product. more. We were spending money to stir down the West Coast, adopted a com- There are a few things that are not as it, instead of cleaning it up. petitive market for electric generation. high as we would like and are not fund- Mr. Speaker, important water Under Federal law, if a State adopts ed as much as we would like, but over- projects, infrastructure investment are that competitive model, it gives up the all it is excellent work. in this bill. It is very balanced between right to regulate wholesale energy

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.032 H25PT1 H5080 CONGRESSIONAL RECORD — HOUSE June 25, 2004 prices and transfers that responsibility Ms. WOOLSEY. Mr. Speaker, I rise in involved Enron was in setting the na- to the Federal Energy Regulatory opposition to this rule but only the tional energy policy. Commission. In late 2000 and early 2001, rule, because I certainly support the In the year before the Bush adminis- the Federal Energy Regulatory Com- underlying legislation. I do not support tration released their energy policy, mission, FERC, slept during an artifi- the rule because it does nothing to help Enron officials met with members of cial crisis during the winter; and over Californians who have been bilked out the Federal Energy Regulatory Com- $9 billion was stolen. of at least a billion dollars by Enron. It mission and their staff on 272 occasions Why do I emphasize winter? West- is unbelievable to me that the Cali- during one work year. That means on erners will understand this. We had fornia members on the Committee on every day there was an Enron official enough electric generation capacity to Rules would not make this issue that is in the FERC offices. Were they also in power our air conditioners in the sum- so important to California part of to- Vice President CHENEY’s office? We do mer, but somehow there was not day’s debate. not know because he is fighting release enough electricity for the much lower During the 2001 energy crisis, Califor- of those records. We need these illegal demand to keep the lights on in the nians begged the President for relief, contracts to be voided, and we need all winter. Why? We were told that there but the President did nothing. Each of the documentation released about was a shortage because plants were week, $50 million was drained from the this massive market manipulation. ‘‘closed for maintenance.’’ pockets of Californians by Texas-based This is continuing to cast a pall over Here is the chart that illustrates energy producers. The President actu- the economy of the Pacific Northwest. what happened. The blue indicates the ally called this supply and demand. We have some of the worst unemploy- noncrisis previous year as to the num- Californians, however, called it high- ment in the country over the last few ber of plants and the amount of elec- way robbery. As it turns out, while this years, and a good part is because bil- tricity not generated thereby due to was happening, Enron traders were lions of dollars have been illegally ex- maintenance. The yellow shows the cri- laughing about sticking it to Gramma tracted from our ratepayers by the sis, closed for maintenance. Millie in California. Texas-based Enron company with the Now the transcripts are out. Not just It has taken a small utility in Wash- Federal Energy Regulatory Commis- Enron but Reliant and other Presi- ington State to do what this adminis- sion appointed by President Bush dentially protected corporate criminals tration has refused to do: Bring to standing by complicit, compliant and were closing the plants in order to cre- light the callous manipulation that silent. ate an artificial shortage. Mr. SESSIONS. Mr. Speaker, I re- Now the transcripts that are most fa- harmed millions of Californians and serve the balance of my time to close mous are obscene. They include the West Coasters. Enron fleeced more with one speaker at the very end. now-famous quote that says, Gramma than $1.1 billion from consumers while Mr. MCGOVERN. Mr. Speaker, I yield Millie, she wants her F-ing money back literally laughing all of the way to the 2 minutes to the gentlewoman from for all the money you jammed up her bank. And even with the evidence California (Mrs. CAPPS). orifice for $250 a megawatt hour. That brought out by the Enron tapes, the leadership of this House once again Mrs. CAPPS. Mr. Speaker, I rise in is thought to be the most obscene opposition to this rule on behalf of quote, but truly the most obscene, and leaves millions of California consumers ratepayers in the West who depended there are dozens like this quote, is in the dark. I guess they want to hide on the Eshoo amendment being made when an Enron trader turns to the what they have done to help Enron be- in order. plant manager and says, ‘‘just go ahead hind closed doors, much like the Bush administration has been working in the Time and time again, members of the and shut it down.’’ Closed for mainte- California, Oregon and Washington del- nance, artificial shortage, $9 billion shadows with its energy plan for the egations have attempted to get this stolen. Nation. Maybe they will not be happy House to focus on the damage caused in The responsibility for this, the great- until they have turned out the lights est economic crime in our history, is on all Americans. This bill does noth- the western electricity crisis a few not just for the thieves but those who ing to help California and the other years back. We have been trying to get protect them. western States get their retribution. the House to do something to return the money stolen from my constituents Whose side are Members on? Reliant b 0945 and Enron and the others who shut and millions of others. The electricity plants down to create an artificial Mr. MCGOVERN. Mr. Speaker, I yield market manipulation that went on was shortage? Or on the side of Gramma 2 minutes to the gentleman from Or- shameful. It was surpassed, perhaps, Millie and other western consumers? egon (Mr. DEFAZIO). only by the actions or rather inaction Members define themselves and define Mr. DEFAZIO. Mr. Speaker, like of the FERC and this Congress. their party with their vote on the pre- those Members who rose before me, I Literally billions of dollars were sto- vious question. support the underlying bill. It is a vital len from consumers and taxpayers by Reliant is relying on the other side investment in our country. But I do ob- pirate firms like Enron. Recently, we to protect them; and the other side ject to the rule because it is long past were all treated to a front-row seat to may indeed enjoy a hollow victory time to begin to rectify this massive the carnage demonstrated in tapes of today as they shut down debate and theft that went on. Enron traders figuring out how best to prevent us from even discussing an Every day, today every Oregonian, create shortages, to drive up prices, amendment to require FERC to let the every residential ratepayer, every busi- and rip off consumers. It was sick- western States see the documents, to ness will pay, on average, 42 percent ening. But, in reality, there was noth- require FERC to look at the fraud that more for the electrons purchased from ing new in those tapes. It was just occurred before a complaint was filed. the same plants transmitted over the more evidence of what I and many in They can win that hollow victory same electric lines as 4 years ago. Just our delegation have been requesting for today, but 45 million westerners, in- one thing happened in between. That is over 3 years. Enron and other power cluding the voters of three swing the Bush administration, the Bush companies were shutting down power States, are watching. The other side of FERC and Kenny Boy Enron Lay, the plants, diverting electricity, and en- the aisle cannot hide from them, and President’s previous largest single con- gaging in illegal actions in order to Gramma Millie’s revenge is less than 5 tributor until this year. drive up electricity prices. months away. The Snohomish utility found that on The amendment brought before the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 473 of 537 days, Enron manipulated the Rules Committee by the gentlewoman The SPEAKER pro tempore (Mr. market. How can the Bush FERC say from California (Ms. ESHOO) would be a LAHOOD). Members should avoid engag- that is just and reasonable and not re- great step in bringing some justice ing in personality toward the Presi- quire that those illegal contracts here. It would open up all the records dent, even by innuendo. achieved through market manipulation at FERC on these cases of price fixing Mr. MCGOVERN. Mr. Speaker, I yield be voided? We do not know because and market manipulation. It would 2 minutes to the gentlewoman from they will not release the documents. force FERC to let States participate in California (Ms. WOOLSEY). They do not want people to know how the settlement negotiations, and it

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.033 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5081 would make some key changes in the rolling brownouts that shut down traf- of mine, and I would like to say, as we Power Act to enable full refunds to fic signals and crowded intersections, have agreed in a bipartisan way, a very these western States. endangering those stuck in the grid- good bill. This is a bill that is focused The Committee on Rules should have lock. Even some hospitals suffered on the energy and water needs that made it in order and the House should temporary power loss with little or no exist for this country, and they are pri- have adopted it, but that would be notice. To add insult to injury, we orities in many ways, ranging from en- breaking the practice of this House and found out months later that this so- suring the kind of growth that we need this administration in doing nothing in called energy crisis was a fraud on the to national security issues and re- response to one of the great hijackings part of the companies that sold the en- search, which are very important. in American history. It is disgraceful. I ergy. They created a fake shortage and b 1000 urge my colleagues to vote against this jacked up energy prices. unfair rule. Mr. Speaker, we need to do some- So I believe that we are going to, Mr. MCGOVERN. Mr. Speaker, I yield thing to make sure that this never hap- based on the work of the gentleman 2 minutes to the gentleman from Cali- pens again. The Eshoo amendment is a from Ohio (Chairman HOBSON) and the fornia (Mr. FARR). step in that direction. It deserves con- full committee chairman, the gen- Mr. FARR. Mr. Speaker, I, like oth- sideration in this House. A no vote on tleman from Florida (Mr. YOUNG), and ers, rise in support of the bill. I think the previous question will not stop the the ranking minority member of the the authors of this bill, particularly House from taking up the energy and subcommittee, the gentleman from In- the gentleman from Ohio (Mr. HOBSON) water appropriations bill, which is a diana (Mr. VISCLOSKY), and the vice and the gentleman from Indiana (Mr. good bill. However, a yes vote will pre- chairman of the subcommittee, the VISCLOSKY), have done a great job, but vent the House from considering the gentleman from Tennessee (Mr. WAMP) this is the only bill we have before Con- Eshoo amendment. who spoke earlier, we are going to be gress which allows us to have a debate Mr. Speaker, I am not quite sure able to move ahead with a very, very on FERC, the Federal Energy Regu- what we did yesterday on the House good piece of legislation. latory Commission. floor, but it was a complete waste of But over the last few minutes, Mr. It would be a better bill if we put an time. Overwhelmingly, the bill consid- Speaker, we have been listening to a amendment in there, but the Com- ered yesterday and all the amendments great deal of talk about my State of mittee on Rules has not allowed that were rejected. We have an opportunity California. I would like to take just a amendment, and that is wrong. It is today to actually debate something few moments to talk about exactly really wrong because this is the only meaningful that will make a difference where we are and the challenge that we place where we can address that issue. in people’s lives. have faced. The administration should address it. I would urge my colleagues on the We know that we have a horribly, They have been silent. They sit by and other side of the aisle to join with us in horribly serious situation when it allow FERC to continue to do nothing. voting no on the previous question. My comes to ripping off the energy con- FERC is a regulatory agency. This is colleagues on the other side of the aisle sumers of California and the West. We where the consumers can go to get say they are outraged by Enron and all have demonstrated how extraor- some protection. That is the only agen- Enron-style companies that ripped off dinarily distraught we have been, when cy in the Federal Government that can the consumers in California. If they are we saw and heard the transcript of do anything about it; and when they do truly outraged, then they should put those executives who were talking not act, we have nowhere to turn. their action where their rhetoric is: about taking advantage of our con- This is an agency that ought to have Vote no on the previous question and stituents, the consumers out there. money withheld from it until it an- allow us to have a meaningful debate That is one of the reasons that we swers the questions. That is something that will make a real difference in the joined in wanting to do everything that that we do in the legislative process all lives of the people of this country and we possibly can to ensure that we get the time. And since the administration allow us to vote on the Eshoo amend- to the bottom of this issue, address has failed to hold them accountable, ment. I urge my colleagues to vote no this issue, and resolve it in behalf of Congress should. We are asleep at the on the previous question. the consumers. switch. When that switch was asleep at Mr. Speaker, I ask unanimous con- Now, Mr. Speaker, this bill is being FERC, a regulatory agency, they al- sent to insert the text of the Eshoo considered under an open amendment lowed all of these companies to just amendment immediately prior to the process. It is an open rule, meaning screw California. vote on the previous question. that any Member will have an oppor- Mr. Speaker, it took $9 billion of tax- The SPEAKER pro tempore. Is there tunity to stand up and offer a germane payer money to pay these bills. This is objection to the request of the gen- amendment. There was bipartisan absolutely absurd. It is more than ab- tleman from Massachusetts? agreement among Democrats and Re- surd. It is obscene, it is criminal and it There was no objection. publicans, the gentleman from Ohio ought to stop now. The Eshoo amend- Mr. MCGOVERN. Mr. Speaker, I yield (Chairman HOBSON) and the ranking ment should be debated. It is a shame back the balance of my time. minority member, the gentleman from on the Committee on Rules that they Mr. SESSIONS. Mr. Speaker, I yield Indiana (Mr. VISCLOSKY), to move did not make it in order. such time as he may consume to the ahead with a rule that would allow for Mr. MCGOVERN. Mr. Speaker, I yield gentleman from California (Mr. protection of the legislation itself and myself the balance of my time to close. DREIER), the chairman of the Com- an open amendment process. That is Mr. Speaker, I am going to call for a mittee on Rules, to close this great de- why the request which has just been no vote on the previous question so bate and this opportunity we have had made by my colleagues on the other this body can consider and vote on the to talk about energy and water. side of the aisle, somehow saying that Eshoo amendment. (Mr. DREIER asked and was given we are unfair, we are denying an oppor- We all remember the horror stories of permission to revise and extend his re- tunity; we are simply complying with the energy crisis in California in 2000 marks.) the Rules of the House and the bipar- and 2001. Virtually overnight, energy Mr. DREIER. Mr. Speaker, I thank tisan request that was made of the prices went through the roof, causing a the gentleman for yielding me this Committee on Rules. fiscal crisis and chaos due to energy time, and I thank him for the manage- I heard a statement, and I am the shortages. Energy became prohibi- ment of this rule. Thanks to the man- lone Californian on the Committee on tively expensive. Electricity that had ager of the rule, he has allowed me to Rules and I happen to have the honor cost under $50 the previous year was patiently listen to the statements that of chairing the committee, but a state- suddenly costing over $1,000, and some have been made by my colleagues on ment that I somehow denied the oppor- days peaked above that. the other side of the aisle about this tunity for the consideration of the Energy disruptions brought enor- legislation. And so I sat patiently and Eshoo amendment. That is not the case mous disruption to the everyday lives listened to my very distinguished Cali- at all, Mr. Speaker. I want to say that, of the people of that State. There were fornia colleagues, all very good friends under this open amendment process, we

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.013 H25PT1 H5082 CONGRESSIONAL RECORD — HOUSE June 25, 2004 are going to be able to have a chance to well, that any amendment that is ger- manipulation, acting through their public bring about a successful resolution of mane and falls within the Rules of the utility commissions, to fully participate in this. House will be in order. settlement negotiations regarding Now, we all know that a couple of The Eshoo amendment gets right at disgorgement of profits. The Federal Energy the problem that we are trying to ad- Regulatory Commission shall consolidate things have happened. In the Ninth Cir- the various refund and disgorgement matters cuit Court in California, this case is dress here, and we all know that we related to activity in the Western markets under consideration. We have this proc- have pending, we have pending the im- since May 2000 into a single proceeding in ess under way, and we know that the portant case that is before the Ninth order to facilitate effective participation by Federal Energy Regulatory Commis- Circuit Court, as well as the successful states and other parties. No settlement shall sion is scrupulously looking through passage of H.R. 6. The Eshoo language, be adopted by the Commission if it is op- those transcripts and the other con- which is going to be accepted, gets at posed by any state whose public utility cus- cerns are there, and we are on track to- the root of the problem and under- tomers have an economic interest in the re- scores our bipartisan concern for this sults of the settlement. wards seeing reimbursement for our Section 206(b) of the Federal Power Act is consumers, which is the right thing to issue. So, Mr. Speaker, let me say that I amended as follows: do. (1) By amending the first sentence to read The second thing is, we in the House very much want us to bring about a as follows: ‘‘In any proceeding under this passed H.R. 6 just this past week. It is successful conclusion to what has been section, the refund effective date shall be the pending in the Senate. That legislation a very tragic time for our consumers. date of the filing of a complaint or the date goes a long way towards addressing the Contrary to what I have heard from the of the Commission motion initiating the pro- concerns which we share and are a very other side of the aisle, there is, in fact, ceeding, except that in the case of a com- high priority to us. They are designed bipartisan concern, and we will take a plaint with regard to market-based rates, the Commission shall establish such earlier to improve the operation of electricity back seat to no one when it comes to standing up for our constituents refund effective date as is necessary to pro- markets by providing for an electronic vide a refund of any rate or charge that is system to increase transparency in against any powerful interest. not just and reasonable, as determined by electricity markets, something that we So, with that, Mr. Speaker, I urge the Commission. To the extent necessary to are all very interested in. It prohibits strong support of the rule; and I yield achieve the purposes of this section, the filings of false information and round back the balance of my time. Commission shall initiate new proceedings, The amendment previously referred trip or wash trading. It dramatically including investigations, and issue appro- to by Mr. MCGOVERN is as follows: priate refunds.’’. increases criminal and civil penalties, (2) By striking the second and third sen- limits and expands penalty provisions PREVIOUS QUESTION FOR H. RES. 694—RULE ON H.R. 4614 THE ENERGY AND WATER DEVEL- tences. to cover all violations of the Federal OPMENT APPROPRIATIONS BILL FOR FY2005 (3) By striking out ‘‘the refund effective Power Act. It moves the refund effec- At the end of the resolution, add the fol- date or by’’ and ‘‘, whichever is earlier,’’ in tive date up to the complaint, so the lowing: the fifth sentence. refund effective date will be when the ‘‘SEC. 2. Notwithstanding any other provi- (4) In the seventh sentence by striking complaint was launched; and it extends sion of this resolution, the amendment print- ‘‘through a date fifteen months after such re- the Federal Energy Regulatory Com- ed in section 3 shall be in order without fund effective date’’ and insert ‘‘and prior to mission’s refund authority to cover intervention of any point of order and before the conclusion of the proceeding’’ and by striking the proviso. sales by otherwise nonjurisdictional any other amendment if offered by Rep- resentative Eshoo of California or a des- PARLIAMENTARY INQUIRY utilities in certain markets. That is ignee. The amendment is not subject to legislation that we passed right here in Ms. PELOSI. Mr. Speaker, I have a amendment except for pro forma amend- parliamentary inquiry. a bipartisan way. ments or to a demand for a division of the Now, Mr. Speaker, I would like to question in the committee of the whole or in The SPEAKER pro tempore (Mr. close in saying that we do plan to ad- the House.’’ LAHOOD). The gentlewoman will state dress this issue under the Rules of the SEC. 3. The amendment referred to in sec- it. House by accepting the Eshoo amend- tion 2 is as follows: Ms. PELOSI. Mr. Speaker, I have a ment. The Eshoo amendment is going AMENDMENT TO H.R. 4614, AS REPORTED parliamentary inquiry to the point of to be offered under an open amendment OFFERED BY MS. ESHOO addressing what our distinguished process, and I have discussed with the Page 29, after line 13, insert the following: chairman said. Is it not appropriate The Congress finds that— gentleman from Ohio (Mr. HOBSON) the under the Rules of the House that the (1) incontrovertible evidence has come to issue of this great, great problem that Committee on Rules could have made light that certain sellers of wholesale elec- the Eshoo amendment, as submitted to we have of horrible abuse that has tricity, including Enron, manipulated energy taken place in California and the West. markets in order to overcharge electricity the Committee on Rules last night, in Ms. PELOSI. Mr. Speaker, will the consumers in the Western United States; order for debate on this floor today, gentleman yield? (2) these overcharges have adversely af- with waivers? Mr. DREIER. I yield to the gentle- fected state economies, families, small busi- The SPEAKER pro tempore. The woman from California. ness, and other consumers; Committee on Rules may propose spe- Ms. PELOSI. Mr. Speaker, I appre- (3) the Federal Energy Regulatory Com- cial orders of business to the House. ciate the gentleman yielding to me. mission has failed to expose this wrongdoing Ms. PELOSI. So if I may just clarify, Will the gentleman concede that the in a timely manner and has failed to take ef- then it would have been possible and fective action to make consumers whole, and amendment that is going to be accept- has undercut the ability of States and other not outside the regular order for the ed by the gentleman from Ohio (Mr. parties to pursue relief by withholding crit- Committee on Rules to have put the HOBSON), and we appreciate the great ical documents and disaggregating claims Eshoo amendment, as presented in the leadership of the gentleman from Ohio into dozens of small proceedings; and Committee on Rules, with the waiver. (Mr. HOBSON), is not the same amend- (4) the Federal Energy Regulatory Com- The SPEAKER pro tempore. The ment that the Committee on Rules did mission should fully disclose evidence in its Chair will not speculate about actions not allow to come to the floor this possession, fully involve States, and ensure in the Committee on Rules. morning? that refunds are ordered for any time period The question is on ordering the pre- in which market manipulation occurred. Mr. DREIER. Mr. Speaker, if I could The Federal Energy Regulatory Commis- vious question. simply reclaim my time, and in re- sion shall publicly disclose all documents The question was taken; and the claiming my time, Mr. Speaker, what I and evidence obtained in the following pro- Speaker pro tempore announced that will say is that the amendment, of ceedings: Western Energy Markets: Enron the ayes appeared to have it. course, is not identical to the one that Investigation (Docket No. PA02–2), the Cali- Mr. MCGOVERN. Mr. Speaker, I ob- is, in fact, in violation of the Rules of fornia Refund case (Docket No. EL00–95), the ject to the vote on the ground that a the House. With the bipartisan request Anomalous Bidding Investigation (Docket quorum is not present and make the that was made of the Committee on No. IN03–10), the Physical Withholding Inves- point of order that a quorum is not tigation, and the Gaming Investigation Rules, we are having an open amend- (Dockets EL03–157 et al, EL03-180 et al). present. ment process, and that means, as my The Federal Energy Regulatory Commis- The SPEAKER pro tempore. Evi- friend, the gentlewoman knows very sion shall allow States affected by market dently a quorum is not present.

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.015 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5083 The Sergeant at Arms will notify ab- Davis (IL) Lampson Peterson (MN) PROVIDING FOR CONDITIONAL AD- sent Members. Davis (TN) Langevin Pomeroy JOURNMENT OR RECESS OF THE DeFazio Lantos Price (NC) Pursuant to clause 9 of rule XX, the DeGette Larsen (WA) Rahall SENATE AND THE HOUSE OF Chair will reduce to 5 minutes the min- Delahunt Larson (CT) Rangel REPRESENTATIVES imum time for electronic voting, if or- DeLauro Lee Ross Dicks Levin Roybal-Allard The SPEAKER pro tempore. Pursu- dered, on adoption of the resolution. Dingell Lewis (GA) Ruppersberger ant to Section 2 of House Resolution The vote was taken by electronic de- Doggett Lofgren Rush 683, the Chair lays before the House the Dooley (CA) Lowey Ryan (OH) following privileged Senate concurrent vice, and there were—yeas 209, nays Doyle Lucas (KY) Sabo resolution (S. Con. Res. 120) providing 182, not voting 42, as follows: Edwards Lynch Sa´ nchez, Linda [Roll No. 320] Emanuel Majette T. for a conditional adjournment or recess Eshoo Maloney Sanchez, Loretta of the Senate and the House of Rep- YEAS—209 Etheridge Markey Sanders Evans Marshall resentatives. Aderholt Gibbons Osborne Sandlin Farr Matheson The Clerk read the Senate concur- Akin Gilchrest Ose Schakowsky Fattah Matsui rent resolution, as follows: Bachus Gillmor Otter Schiff Filner McCarthy (MO) Baker Gingrey Oxley Scott (GA) S. CON. RES. 120 Frank (MA) McCarthy (NY) Ballenger Goodlatte Paul Scott (VA) Frost McCollum Resolved by the Senate (the House of Rep- Barrett (SC) Goss Pearce Serrano Gonzalez McDermott resentatives concurring), That when the Sen- Bartlett (MD) Granger Pence Gordon McGovern Sherman ate recesses or adjourns on any day from Bass Graves Petri Green (TX) McIntyre Skelton Thursday, June 24, 2004, through Monday, Beauprez Green (WI) Pickering Grijalva McNulty Smith (WA) Biggert Greenwood Pitts June 28, 2004, on a motion offered pursuant Gutierrez Meehan Snyder Bilirakis Gutknecht Pombo to this concurrent resolution by its Majority Harman Meek (FL) Solis Bishop (UT) Hall Porter Leader or his designee, it stand recessed or Herseth Meeks (NY) Spratt Blackburn Harris Portman adjourned until noon on Tuesday, July 6, Hill Menendez Stenholm Blunt Hart Pryce (OH) 2004, or at such other time on that day as Hinchey Michaud Strickland Boehlert Hayes Putnam Hoeffel Millender- Stupak may be specified by its Majority Leader or Boehner Hayworth Quinn Holden McDonald Tanner his designee in the motion to recess or ad- Bonilla Hefley Radanovich Holt Miller (NC) Tauscher journ, or until the time of any reassembly Bonner Hensarling Ramstad Honda Miller, George Taylor (MS) pursuant to section 2 of this concurrent reso- Bono Herger Regula Hooley (OR) Moore Thompson (CA) Boozman Hobson Rehberg lution, whichever occurs first; and that when Hoyer Moran (VA) Thompson (MS) Bradley (NH) Hoekstra Renzi the House adjourns on the legislative day of Inslee Murtha Tierney Brady (TX) Hostettler Reynolds Thursday, June 24, 2004, or Friday, June 25, Israel Nadler Towns Brown (SC) Houghton Rogers (AL) 2004, on a motion offered pursuant to this Jackson (IL) Napolitano Turner (TX) Brown-Waite, Hulshof Rogers (KY) Jackson-Lee Neal (MA) Udall (CO) concurrent resolution by its Majority Leader Ginny Hunter Rogers (MI) (TX) Nethercutt Udall (NM) or his designee, it stand adjourned until 2:00 Burgess Hyde Rohrabacher Jefferson Obey Van Hollen p.m. on Tuesday, July 6, 2004, or until the Burns Isakson Ros-Lehtinen Johnson, E. B. Olver Vela´ zquez time of any reassembly pursuant to section 2 Burr Istook Royce Kanjorski Ortiz Visclosky Burton (IN) Jenkins Ryan (WI) of this concurrent resolution, whichever oc- Kennedy (RI) Owens Waters Buyer Johnson (CT) Ryun (KS) curs first. Kildee Pallone Watson Calvert Johnson (IL) Saxton SEC. 2. The Majority Leader of the Senate Kilpatrick Pascrell Watt Camp Jones (NC) Schrock and the Speaker of the House or their respec- Kind Pastor Woolsey Cannon Keller Sensenbrenner tive designees, acting jointly after consulta- Kleczka Payne Wu Cantor Kelly Sessions Kucinich Pelosi Wynn tion with the Minority Leader of the Senate Capito Kennedy (MN) Shadegg and the Minority Leader of the House, shall Carter King (IA) Shaw notify the Members of the Senate and the Castle King (NY) Shays NOT VOTING—42 House, respectively, to reassemble at such Chabot Kingston Sherwood Ackerman Gephardt Peterson (PA) Chocola Kirk Shimkus Barton (TX) Goode Platts place and time as they may designate when- Coble Kline Shuster Bereuter Hastings (FL) Reyes ever, in their opinion, the public interest Cole Knollenberg Simmons Berman Hastings (WA) Rodriguez shall warrant it. Crane Kolbe Simpson Carson (IN) Hinojosa Rothman The SPEAKER pro tempore. Without Crenshaw LaHood Smith (MI) Clay Issa Slaughter Culberson Latham Smith (NJ) Collins John Stark objection, the Senate concurrent reso- Cunningham LaTourette Smith (TX) Cox Johnson, Sam Tauzin lution is concurred in. Davis, Jo Ann Leach Souder Cubin Jones (OH) Vitter There was no objection. Davis, Tom Lewis (CA) Stearns Cummings Kaptur Waxman A motion to reconsider was laid on Deal (GA) Lewis (KY) Sullivan Deutsch Lipinski Weiner the table. DeLay Linder Sweeney Dunn Mollohan Weldon (FL) DeMint LoBiondo Tancredo Engel Norwood Wexler f Diaz-Balart, L. Lucas (OK) Taylor (NC) Ford Oberstar Young (AK) Diaz-Balart, M. Manzullo Terry b 1030 Doolittle McCotter Thomas Dreier McCrery Thornberry b 1029 PERMISSION FOR COMMITTEE ON Duncan McHugh Tiahrt APPROPRIATIONS TO HAVE Ehlers McInnis Tiberi Mr. COOPER and Mr. BERRY changed UNTIL MIDNIGHT FRIDAY, JULY Emerson McKeon Toomey their vote from ‘‘yea’’ to ‘‘nay.’’ 2, 2004, TO FILE PRIVILEGED RE- English Mica Turner (OH) Everett Miller (FL) Upton So the previous question was ordered. PORT ON DEPARTMENTS OF Feeney Miller (MI) Walden (OR) COMMERCE, JUSTICE, AND Ferguson Miller, Gary Walsh The result of the vote was announced STATE, THE JUDICIARY, AND RE- Flake Moran (KS) Wamp as above recorded. Foley Murphy Weldon (PA) LATED AGENCIES APPROPRIA- Forbes Musgrave Weller Stated for: TIONS ACT, 2005 Fossella Myrick Whitfield Mr. WOLF. Mr. Speaker, I ask unani- Franks (AZ) Neugebauer Wicker Mr. ISSA. Mr. Speaker, if I had been Frelinghuysen Ney Wilson (NM) present for rollcall vote No. 320, I would have mous consent that the Committee on Gallegly Northup Wilson (SC) voted ‘‘yea.’’ Appropriations have until midnight Garrett (NJ) Nunes Wolf Stated against: Friday, July 2, 2004, to file a privileged Gerlach Nussle Young (FL) report, making appropriations for the NAYS—182 Mr. HINOJOSA. Mr. Speaker, I regret that I Departments of Commerce, Justice, Abercrombie Bishop (NY) Carson (OK) was unavoidably detained this morning. Had I and State, the Judiciary, and related Alexander Blumenauer Case been present, I would have voted ‘‘no’’ on roll- agencies for the fiscal year ending Sep- Allen Boswell Chandler call 320. tember 30, 2005, and for other purposes. Andrews Boucher Clyburn Baca Boyd Conyers The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. Baird Brady (PA) Cooper LAHOOD). The question is on the resolu- LAHOOD). Is there objection to the re- Baldwin Brown (OH) Costello tion. quest of the gentleman from Virginia? Becerra Brown, Corrine Cramer There was no objection. Bell Capps Crowley The resolution was agreed to. The SPEAKER pro tempore. Pursu- Berkley Capuano Davis (AL) Berry Cardin Davis (CA) A motion to reconsider was laid on ant to clause 1, rule XXI, all points of Bishop (GA) Cardoza Davis (FL) the table. order are reserved on the bill.

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.018 H25PT1 H5084 CONGRESSIONAL RECORD — HOUSE June 25, 2004 PERMISSION FOR COMMITTEE ON eral programs, including such diverse funding for energy and water development in APPROPRIATIONS TO HAVE matters as flood control, navigation fiscal year 2005 is $27.988 billion. This fund- UNTIL MIDNIGHT FRIDAY, JULY improvements, environmental restora- ing amount represents an increase of $50 mil- 2, 2004, TO FILE PRIVILEGED RE- tion, nuclear waste disposal, advanced lion over fiscal year 2004 and $734 million PORT ON LEGISLATIVE BRANCH scientific research, maintenance of our over the Presidents budget request. This bill is APPROPRIATIONS ACT, 2005 nuclear stockpile, and nuclear non- right at our subcommittee’s 302(b) allocation, Mr. KINGSTON. Mr. Speaker, I ask proliferation. Total funding for the en- and provides adequate funds to meet the pri- unanimous consent that the Com- ergy and water development in fiscal ority needs of the House. Title I of the bill provides funding for the mittee on Appropriations have until year 2005 is $27.988 billion. This funding amount represents an increase of $50 Civil Works program of the Army Corps of En- midnight Friday, July 2, 2004, to file a gineers, the Formerly Utilized Sites Remedial privileged report, making appropria- million over fiscal year 2004 and $734 million over the President’s budget re- Action Program which is executed by the tions for the Legislative Branch for the Corps, and the Office of the Assistant Sec- fiscal year ending September 30, 2005, quest. The bill is right at our sub- committee’s 302(b) allocation and pro- retary of the Army for Civil Works. The Com- and for other purposes. mittee recommends a total of $4.833 billion for The SPEAKER pro tempore. Is there vides adequate funds to meet the pri- ority needs of the House. Title I activities, $252 million above the current objection to the request of the gen- year and $713 million above the budget re- tleman from Georgia? I believe we do some good things for the Nation in our bill. Members will quest. That gives you an idea of how inad- There was no objection. equate the budget request for the Corps really The SPEAKER pro tempore. Pursu- not receive as many water earmarks as they might like, but we did take care was. The Corps has been in an unhealthy sit- ant to clause 1, rule XXI, all points of uation the past couple of years because Con- order are reserved on the bill. of their top priorities. Instead of a steady regimen of pork, we try to put gress has given them more work to do but not f the corps back on a balanced diet. We enough money to do it. This year, we were determined to correct that situation and put GENERAL LEAVE hope that we can leave the corps civil works program in better shape than we the Corps on the road to fiscal recovery. For Mr. HOBSON. Mr. Speaker, I ask found it, and I am confident the a change, we have over-subscribed the Civil unanimous consent that all Members changes we make in this bill will have Works budget. We exercise restraint on the may have 5 legislative days in which to lasting positive effects. The same holds number of projects that we put on the Corps revise and extend their remarks on the true for DOE. plate and we provide sufficient funds to get bill, H.R. 4614, and that I may include Lastly, I would like to thank all of the work done. For the projects that we do tabular and extraneous material. the members of this subcommittee for fund in fiscal year 2005, we decided to con- The SPEAKER pro tempore. Is there their cooperation and especially thank centrate on protecting existing water infra- objection to the request of the gen- my ranking member and partner, the structure and completing ongoing projects. This country has invested over $300 billion tleman from Ohio? gentleman from Indiana (Mr. VIS- in current dollars in our existing water infra- There was no objection. CLOSKY). It has been a pleasure working structure, and this infrastructure provides over f with the gentleman and his staff on $38 billion in annual benefits to the economy. this bill, Dixon Butler and Peder ENERGY AND WATER DEVELOP- We can’t afford to ignore the maintenance of Maarbjerg. I want also to thank the MENT APPROPRIATIONS ACT, this critical infrastructure. Imagine what would committee staff, Kevin Cook, Dennis 2005 happen if we have to shut down part of our in- Kern, Scott Burnison, and Tracey The SPEAKER pro tempore. Pursu- land navigation system because one of the LaTurner, as well as Kenny Kraft on lock structures fails—the consequences to our ant to House Resolution 694 and rule my own staff. I also want to recognize XVIII, the Chair declares the House in economy would be enormous. our agency detailees, Tim Winchell and Over recent years, we have created a huge the Committee of the Whole House on Jim Spratt. Their assistance was in- backlog of work for the Corps. Existing the State of the Union for the consider- valuable in putting this bill and report projects take longer to complete and cost ation of the bill, H.R. 4614. together. I think this is a good bill. We more. Let me give you just one example from The Chair designates the gentleman ought to pass it expeditiously. my part of the country, the replacement of the from Georgia (Mr. ISAKSON) as Chair- Mr. Chairman, it is my privilege to submit to McAlpine Lock on the Ohio River. Ideally, this man of the Committee of the Whole, the House for its consideration H.R. 4614, the lock replacement should take no more than 4 and requests the gentleman from 2005 Energy and Water Development Appro- years to complete and should cost roughly Michigan (Mr. UPTON) to assume the priations Bill for fiscal year 2005. The Appro- $230 million. However, it will cost the taxpayer chair temporarily. priations Committee approved this bill unani- an additional 10 percent for every year of ad- b 1032 mously on June 16th, and I believe it is a ditional delay on this project. We have to re- good bill that merits the support of the entire verse that trend and finish what we started, IN THE COMMITTEE OF THE WHOLE membership of the House. and finish projects in a timely and cost-effec- Accordingly, the House resolved I want to thank all the members of the En- tive manner. We do not include any new itself into the Committee of the Whole ergy and Water Development Subcommittee project studies, new construction starts, or House on the State of the Union for the for their help in bringing this bill to the floor new project authorizations in our bill. consideration of the bill (H.R. 4614) today. I especially want to thank my Ranking We task the Corps to begin preparing 5- making appropriations for energy and Member, Mr. VISCLOSKY of Indiana, for his ex- year budget plans, similar to what the Depart- water development for the fiscal year traordinary cooperation. This is truly a bipar- ment of Defense prepares in its Future Years ending September 30, 2005, and for tisan bill—that is not to say we agreed on Defense Plans. This should provide some con- other purposes, with Mr. UPTON (Chair- every issue, but we did agree to work together sistency and stability if Congress has a clear man pro tempore) in the chair. in a professional manner to resolve our dif- picture of the future Civil Works program. The Clerk read the title of the bill. ferences. I am proud of the product and equal- Also, the Office of the Assistant Secretary of The CHAIRMAN pro tempore. Pursu- ly proud of the process behind this bill. I also the Army for Civil Works is now funded in our ant to the rule, the bill is considered as want to thank the Chairman of the Appropria- Energy and Water bill rather than in Defense having been read the first time. tions Committee, Mr. YOUNG, and the Ranking appropriations. Under the rule, the gentleman from Minority Member, Mr. OBEY, for allowing us to Title II of our bill provides $1.1 billion for the Ohio (Mr. HOBSON) and the gentleman move this bill forward in an expeditious man- Department of Interior and the Bureau of Rec- from Indiana (Mr. VISCLOSKY) each will ner. lamation, an increase of $36 million above the control 30 minutes. Mr. Chairman, this bill provides annual fund- amount appropriated in fiscal year 2004 and The Chair recognizes the gentleman ing for a wide range of Federal programs, in- $46 million over the budget request. The Com- from Ohio (Mr. HOBSON). cluding such diverse matters as flood control, mittee does not provide funding for the Cali- Mr. HOBSON. Mr. Chairman, I yield navigation improvements, environmental res- fornia Bay-Delta Restoration program in Cali- myself such time as I may consume. toration, nuclear waste disposal, advanced sci- fornia pending the enactment of authorizing Mr. Chairman, this bill provides the entific research, maintenance of our nuclear legislation, but includes funding for several au- annual funding for a wide range of Fed- stockpile, and nuclear nonproliferation. Total thorized components of this program.

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JN7.022 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5085 The Department of Energy receives a total port research on an advanced leadership- at the Savannah River Site. The Committee of $22.48 billion in our bill, an increase of class scientific computer and nanoscale does not support partial solutions to the Waste $511 million over fiscal year 2004. As with the science, and to increase the availability DOE Incidental to Reprocessing problem that do not Corps, we task the Department of Energy to user facilities to the scientific community. address all of the affected States. Funding for the National Nuclear Security begin preparing 5-year budget plans, first for Across the entire Department of Energy, the Administration (NNSA), is $9 billion, an in- individual programs and then an integrated Committee fully funds the request of $1.4 bil- crease of $372 million over fiscal year 2004 plan for the entire Department. This plan must lion for safeguards and security to protect sen- and a decrease of $22 million from the budget include business plans for each of the DOE sitive materials, facilities, and information, and request. The Congress just received a plan laboratories, so we understand the mission provide additional funds to address selected and resource needs of each laboratory. that finally shows major reductions in our nu- high-risk areas. The Committee funds the Yucca Mountain clear weapons stockpile. However, much of repository at the Administration’s net budget the DOE weapons complex is still sized to Title IV of our bill provides $202 million for request of $131 million, and does not include support a Cold War stockpile. The NNSA several Independent Agencies. The bill in- the proposed authorization language to reclas- needs to take a ‘‘time-out’’ on new initiatives cludes the requested funding for the Defense sify the fees paid into the Nuclear Waste until it completes a review of its weapons Nuclear Facilities Board, the Delta Regional Fund. As I have mentioned many times, OMB complex in relation to security needs, budget Authority, the Nuclear Regulatory Commission played Russian roulette when they assumed constraints, and this new stockpile plan. and its Inspector General, and the Nuclear the House and Senate would pass the pro- The Committee provides no funds for ad- Waste Technical Review Board. Reduced posed reclassification language. By assuming vanced concepts research, the robust nuclear funding is provided for the Appalachian Re- the offset of $749 million, OMB reduced the earth penetrator study, the modern pit facility, gional Commission, and no funding for the total request for discretionary spending by that and enhanced test readiness. Our bill does Denali Commission or the Office of Inspector amount. The House Budget Resolution re- provide significant increases for weapons dis- General for the Tennessee Valley Authority. duced it even more. I don’t like going forward mantlement, for consolidation of weapons- I believe we do some good things for the grade materials, and for security upgrades at with so little money for Yucca Mountain, but Nation in our bill. Members won’t receive as several sites in the weapons complex. The we are playing the hand that we were dealt. many water earmarks as they might like, but Committee fully funds the National Ignition Fa- I remain supportive of the proposed reclassi- we did take care of their top priorities. Instead cility (NIF) and directs the National Nuclear fication language, and hope the efforts of the of a steady regimen of pork, we try to put the Security Administration to complete NIF by Energy and Commerce Committee to enact Corps back on a balanced diet. We hope that 2008 and conduct all necessary experimental such legislation will be successful. we can leave the Corps Civil Works program For the Energy Supply account, which funds work to support first ignition in 2010. in better shape than we found it, and I am the Department’s research on renewable en- For nuclear nonproliferation, the Committee confident the changes we make in this bill will ergy, nuclear energy, and electricity trans- provides the request of $1.35 billion. We re- have lasting positive effects. The same holds mission and distribution technologies, the duce funding for the domestic MOX plant and Committee provides $817 million, an increase spend the resources on other high-priority true for DOE. of $84 million over the current year by $18 non-proliferation needs. Lastly, I would like to thank all of the Mem- million below the request. The Committee pro- The Committee provides the requested bers of this Subcommittee for their coopera- vides a modest increase of $51 million for the amount of $943 million for non-defense envi- tion, and especially thank my Ranking Mem- Office of Nuclear Energy, with a focus on im- ronmental management, the same as the ber, PETE VISCLOSKY. Pete, it has been a proving the infrastructure at the Idaho National budget request. For defense environmental pleasure working with you and your minority Laboratory. We reduced the funding for hydro- management activities, the Committee pro- staff, Dixon Butler and Peder Maarbjerg. I gen research by $31 million below the request vides $6.9 billion, $301 million more than fiscal want to thank the Committee staff—Kevin because the Department failed to comply with year 2004 and $65 million less than the budg- Cook, Dennis Kern, Scott Burnison, and Tra- House and conference guidance regarding et request. The Committee does not provide cey LaTurner, as well as Kenny Kraft on my competition and cost sharing of hydrogen re- the full request of $350 million for the Adminis- own staff. I also want to recognize our agency search. tration’s high-level waste proposal for Waste detailees, Tim Winchell and Jim Spratt. Their The Committee provides an increase of Incidental to Reprocessing, and reduces the assistance was invaluable in putting this bill $168 million for the Office of Science to sup- request by $77 million for two specific projects and report together.

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VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.012 H25PT1 Insert offset folio 207/8 here EH25JN04.002 H5088 CONGRESSIONAL RECORD — HOUSE June 25, 2004

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.012 H25PT1 Insert offset folio 207/9 here EH25JN04.003 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5089 Mr. Chairman, I reserve the balance to have this Nation prepare to resume under- needed. I note that DOE labs are already in- of my time. ground nuclear testing within 18 months of a volved in space missions where traditionally Mr. VISCLOSKY. Mr. Chairman, I Presidential decision and to begin develop- competition for science investigations, includ- yield myself such time as I may con- ment of a major new facility to build plutonium ing major research instruments, is open to sume. I want to first of all congratu- pits—also referred to as nuclear triggers. All of NASA centers, DOE and other agency labs, late the gentleman from Ohio (Mr. these steps jeopardize our position in the universities ,and corporations, so DOE may HOBSON), as well, on a very well-crafted world as advocates of restraint in the develop- find that this is easier than they have asserted bill. I would start by thanking the ment of weapons of mass destruction. They all in the past. chairman very much for his friendship portend major increases in funding require- As we in the Congress push the Administra- as well as his fairness and discretion in ments. Today, conventional national defense tion to develop a five-year plan for DOE and his dedication to make sure that the and homeland security, including nuclear non- business plans for each of its labs, we also right thing is done and that the agen- proliferation, are far better investments than should work to clarify the role of DOE in the cies under our jurisdiction are made as enhancements to our nuclear deterrent. Under life sciences. Our nation continues to make efficient and as effective as possible. the leadership of Chairman HOBSON, no fund- major investments in the National Institutes of As the chairman noted, we have an ing is provided in the Energy and Water De- Health, yet the DOE is seeking to develop excellent staff that works very, very velopment bill for any of these ill-considered major facilities to support research in protein well together and they have helped us policies. synthesis and the control genes exert over craft a very good bill. I too want to As many members realize, plutonium, highly processes in living cells. Many of these facili- enumerate them because they are all enriched uranium and some highly radioactive ties involve the use of advanced physics tech- so very important to us: Tracey products of nuclear fission in the hands of ter- niques—a traditional strength of DOE. Does LaTurner; Tim Winchell; Jim Spratt; rorists could pose major hazards to the United this traditional role in physics research man- Kenny Kraft; Dennis Kern; Scott States and its allies. Accordingly, this bill fully date that DOE fund these facilities? Further- Burnison; Kevin Cook, whom, I might funds the President’s request of almost $1.35 more, does DOE’s traditional role as the chief add, is a Cornell graduate and has re- billion for Defense Nuclear Nonproliferation at supporter of high energy physics mean that placed a Notre Dame graduate as clerk DOE. Some elements of the DOE program are DOE should co-fund satellite missions in as- of the committee; Dixon Butler and stalled while other opportunities have opened tronomy that are traditionally the responsibility Peder Maarbjerg. up to protect major quantities of fissionable of NASA? NSF supports astronomy of all This is a very good bill. There are a material. Accordingly, I fully support the shifts kinds and has since its inception, yet it does lot of good things to recommend it to in this bill of $177.25 million to priority targets not seek funding for satellite missions. the membership. for nonproliferation including: security of Rus- This year, the bill again provides strong sup- Mr. Chairman, let me begin by thanking the sian Strategic Rocket Forces sites (+$32M), port to the Office of Science at DOE. This of- gentleman from Ohio, Chairman HOBSON, for MegaPorts (+$30M), and efforts outside the fice is leading efforts to develop a U.S. super- the courtesy shown to me and the Democratic Former Soviet Union (+$60M). Also, I am computer that will be the most capable in the staff by him and the majority staff of our Sub- pleased to note that this year no reductions world—a distinction currently held by the Jap- committee. The positive environment and co- are taken to nuclear nonproliferation efforts anese Earth Simulator. Last year, an extra operation engendered makes work on this bill due to uncosted prior year funds; this helps $30 million was provided to jump-start this ef- a joy and pleasure. keep the pressure on to move aggressively to fort. This year, the Department included this I share with the Chairman the frustration initiate new projects in Russia. that more cannot be done, particularly for the Last year, in the first year that the gen- increase in its base budget, but this level of water and environmental infrastructure of our tleman from Ohio served as chairman of the funding will not get the job done. So, again nation. The constraints imposed by the budget subcommittee, the FY 2004 Energy and Water another increase of $30 million is provided for are very real. Our subcommittee mark in- Development appropriation fenced some funds this effort. DOE provides the science and in- creases funding for the U.S. Army Corps of for advanced nuclear weapons concepts, dustrial communities with powerful research Engineers above last year’s level and well specifying that $4 million could not be spent tools. In the President’s budget request, oper- above the ridiculously low request of the until the Administration provided a revised nu- ating time on some of these user facilities President. That said, the level recommended clear stockpile plan. Thanks to this action, the would have been less than optimum. To get for FY 2005 is only 2.6% above that enacted Departments of Defense and Energy have fi- the most from our past investment in these fa- by FY 2003; clearly this increase is below the nally delivered a revised plan that details how cilities, funding levels are provided to increase level of inflation, so the buying power of the the United States will achieve our treaty com- the number of weeks they can operate in FY Corps-Civil Works budget is again below what mitments to bring the number of deployed nu- 2005. More support also is provided for it was two years ago. clear weapons down to the range of 1,700 to nanoscale science and technology and main- This bill puts a priority on completion of on- 2,200 by the year 2012. The development of tenance of DOE science facilities around the going construction projects and studies and this plan is vital to our nation. nation. maintenance of high priority existing infrastruc- Now, the spending plans of the National Nu- Long ago, our nation made a commitment to ture. It does not contain any new starts, and clear Security Administration need to be to use nuclear energy to power our sub- this should help to begin to clear the current brought into alignment with the revised nuclear marines and aircraft carriers and to provide a backlog of projects and enable the accom- stockpile plan. I am committed to working with significant amount of our commercial electricity plishment of these projects in less time— the majority and DOE to bring this about. For generation. We have operated a nuclear thereby reducing total project costs and accel- FY 2005, the bill will fund the beginning of this weapons complex for about 60 years. The re- erating the realization of benefits to our econ- process by providing support for an ongoing sult is considerable amounts of high-level nu- omy. However, current funding levels will not program of disassembly for nuclear weapons clear waste that is currently spread around our truly fix this problem. In my opinion, sub- that are no longer needed. A smaller stockpile country. For our safety and that of coming stantive increases to the budget of the Corps will be less expensive to maintain and certify generations, this waste needs proper, long- are needed—increases above the rate of infla- while still providing a more-than-adequate nu- term burial. The Congress and the Executive tion. A transformation in the way that water in- clear deterrent. have decided that this burial will be in Yucca frastructure and environmental restoration are Experience shows that when the Depart- Mountain on the edge of the Nevada Test supported through the Corps of Engineers and ment of Energy’s labs are forced to compete Site. the Bureau of Reclamation will require a trans- with universities and other outside research Funding for long-term disposal of high level forming rather than simply sustaining increase groups, the country gets more for its money nuclear waste in FY 2005 should be $880 mil- in the funds we provide. Without this, comple- and the labs actually do better work. The De- lion, but OMB muddled the situation by need- tion of construction and maintenance projects partment has for some time asserted that lessly proposing that the civilian support of and studies will continue to take too long and open competition between its labs and exter- $749 million be funded through a legislated re- major new projects will languish. nal entities, such as universities, is not al- classification of money paid into the nuclear There are those who have flirted with radical lowed under federal procurement law and reg- waste fund and kept in the general treasury. changes to our nation’s approach to nuclear ulations. I am particularly pleased that this This, along with the constraints of the budget, weapons—seeking to study new weapons for year this bill instructs DOE to find a way to ac- has left us unable to provide these funds in new missions and to develop a nuclear bunker complish fully open competitions and to pro- this bill. I find it hard to believe that a poorly buster. These same individuals have pushed pose changes to law or regulation if any are timed proposal, which in no way affects the

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JN7.023 H25PT1 H5090 CONGRESSIONAL RECORD — HOUSE June 25, 2004 actual deficit, will undermine a policy con- dent’s desk before the August District starts in this bill, including new stud- sensus carefully developed over decades, but Work Period begins. ies contained in title I of the bill. In that is where we are. The Appropriations Committee will the past 2 years, there has been severe So, I would say to my fellow members, the report all 13 bills from full committee flooding along the Wabash River in my FY 2005 Energy and Water Development bill before the beginning of the August Dis- congressional district. The Tippecanoe is a very good bill. It makes major progress on trict Work Period, and the House will River and the Wabash River merge just crucial issues. It provides for many activities probably complete work on as many as above the greater Lafayette region. that are critical to our nation and the world as 11 of those bills. There are only 14 leg- During the 2003 Labor Day weekend well as to regions of our country and individual islative days remaining before the floods, more than 150 people were localities and member districts. I think it will summer recess in August, so we have forced from their homes. During the give the House a strong position in our con- to expedite the consideration of these more recent floods over the Memorial ference negotiations with the Senate. It does bills. But the Appropriations Com- Day weekend, which were much more not fix all problems, but it provides for signifi- mittee, once we had the deeming reso- widespread, roads, culverts, bridges, cant improvements. I strongly urge that it be lution on the budget, has been going and homes were significantly damaged. passed by this House. full speed. We hope to pass this bill In both instances, the President de- Mr. Chairman, I reserve the balance quickly today and be on our way. clared the flooding a national disaster, of my time. Mr. VISCLOSKY. Mr. Chairman, I making flood victims eligible for Mr. HOBSON. Mr. Chairman, I yield yield such time as he may consume to FEMA grants and loans. Thus far, over such time as he may consume to the the gentleman from Ohio (Mr. 240 families have applied for assistance gentleman from Florida (Mr. YOUNG), KUCINICH). after the 2004 flooding. I had requested the chairman of the Committee on Ap- Mr. KUCINICH. Mr. Chairman, in funding through the Army Corps of En- propriations. May 2004 the General Accounting Office gineers to assist in preparing a master Mr. YOUNG of Florida. Mr. Chair- released a report entitled ‘‘NRC Needs plan for flood damage reduction and man, I want to first compliment Chair- to More Aggressively and Comprehen- control associated with the Wabash man HOBSON for having done an out- sively Resolve Issues Related to the River. This master plan would also standing job in preparing this bill Davis Besse Nuclear Power Plant’s help with economic redevelopment of along with his ranking member, the Shutdown.’’ The report was requested the riverfront area of the greater La- gentleman from Indiana (Mr. VIS- by me, the gentleman from Ohio (Mr. fayette region affected by river flood- CLOSKY). One can tell from the way the LATOURETTE), and Senator VOINOVICH. ing. Because of the new start prohibi- markups in the subcommittee and the The scope of the report was to examine tion, the funding is not included in this full committee went that they obvi- the failures of the NRC related to the measure. ously did their work very effectively recent troubles at the Davis Besse nu- Mr. Chairman, I understand the dif- and have produced a really good bill. clear power plant. ficult budget pressures on the sub- I wanted to take just a couple of min- The report also examined options to committee, but I ask that the gen- utes to give the Members a bit of a sta- improve the Nuclear Regulatory Com- tleman work with me to ensure that tus report on where we are with appro- mission’s ability to effectively regu- consideration is provided for this wor- priations and what they can expect in late. The report offers five important thy endeavor in the future. the next couple of weeks. For example, recommendations to the Nuclear Regu- Mr. HOBSON. Mr. Chairman, will the from the time we received the Presi- latory Commission that will greatly gentleman yield? dent’s budget request in February until improve nuclear reactor safety. I would Mr. BUYER. I yield to the gentleman we received the deeming resolution on like to work with the chairman and the from Ohio. the budget on May 19, the Committee ranking member to include language in Mr. HOBSON. Mr. Chairman, I thank on Appropriations and our 13 sub- the conference report that directs the the gentleman for his comments. The committees held nearly 300 oversight Nuclear Regulatory Commission to fol- committee wrestled with the need to hearings that were very lengthy and low the recommendations found in the balance existing commitments of the very thorough. May 2004 General Accounting Office re- Corps of Engineers with new projects Since May 19 when the budget was port. such as the Wabash River study in Tip- deemed, there have been 16 legislative Mr. HOBSON. Mr. Chairman, will the pecanoe County. Unfortunately, we days. In those 16 legislative days, the gentleman yield? were not able to satisfy both demands. committee marked up eight bills in Mr. KUCINICH. I yield to the gen- Mr. VISCLOSKY. Mr. Chairman, will subcommittee and seven bills in full tleman from Ohio. the gentleman yield? committee. When we pass this bill Mr. HOBSON. Mr. Chairman, I appre- Mr. BUYER. I yield to the gentleman today, we will have passed four bills in ciate the gentleman’s statement. I from Indiana. Mr. VISCLOSKY. Mr. Chairman, I the House and sent them to the other want to assure him that I will work want to congratulate the gentleman body. with him to insert acceptable language from Indiana (Mr. BUYER), as well, for When we reconvene the week after into the Statement of Managers to ac- his dedication on trying to resolve this next, we will mark up two more bills in company the conference report to en- situation, helping his constituents, and subcommittee, the District of Colum- courage the Nuclear Regulatory Com- also make note that he has also been in bia and Military Construction bills. We mission to address the recommenda- very close coordination with our office will also consider Military Construc- tions found in the May 2004 General Ac- so that we can solve this problem. I do tion and Foreign Operations in the full counting Office report. appreciate his very hard work on this. committee. So we are preparing a Mr. KUCINICH. I want to thank the Mr. BUYER. Mr. Chairman, I look queue of bills to move through the chairman and the ranking member for forward to working with the gentleman House. We expect to consider the Com- their assistance to resolve this matter. from Indiana (Mr. VISCLOSKY) and the merce-State-Justice and the Legisla- Mr. HOBSON. Mr. Chairman, I yield gentleman from Ohio (Mr. HOBSON). tive Branch appropriations bills in the such time as he may consume to the House the very same week that we re- gentleman from Indiana (Mr. BUYER). b 1045 turn and are doing the other markups. Mr. BUYER. Mr. Chairman, I wish to Mr. VISCLOSKY. Mr. Chairman, I We also expect to appoint conferees on engage the chairman of the sub- yield 2 minutes to the gentleman from the Defense bill, which the House and committee of the appropriations sub- New Jersey (Mr. ANDREWS). Senate have passed. We are now pre- committee in a colloquy. (Mr. ANDREWS asked and was given paring to go to conference on that bill. Mr. Chairman, I thank the gentleman permission to revise and extend his re- While the House is in the Fourth of from Ohio for bringing a bill to the marks.) July District Work Period, our staffs floor that is responsible and yet still Mr. ANDREWS. Mr. Chairman, I will be doing the preparation for the attempts to address the many water- thank the gentleman from Indiana for conference on the Defense bill. We plan related infrastructure needs through- yielding me this time. And I rise to to have that conference report com- out the Nation. I am concerned, how- thank the gentleman from Ohio (Chair- pleted and on the way to the Presi- ever, with the prohibition on any new man HOBSON) and the gentleman from

VerDate May 21 2004 04:37 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.017 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5091 Indiana (Mr. VISCLOSKY), ranking mem- I wish I could say that these barriers ment, and I look forward to working ber, for their cooperation on the issue are up and running and ready to halt with him to ensure that every pre- of the Delaware River deepening. We the spread of the Asian Carp into Lake caution is taken to protect the Great have many friendships in our Delaware Michigan, but they are not. Why not? Lakes from such a harmful species as River region. We have a friendly dis- Because the Army Corps of Engineers the Asian Carp. agreement about what to do with this lacks the necessary funding and au- Mr. VISCLOSKY. Mr. Chairman, I project. I believe this project is the thority. The Corps needs $500,000 to op- yield 2 minutes to the gentleman from wrong thing to do for the taxpayers. erate and maintain the original, tem- Pennsylvania (Mr. HOLDEN). The GAO has told us that for every dol- porary barrier until construction of the Mr. HOLDEN. Mr. Chairman, I thank lar that we invest as federal taxpayers, permanent barrier is complete and be- the gentleman for yielding me this we would only get back 43 cents. I comes fully operational. The Corps time. think the project is wrong for the envi- needs additional authority and $5.5 Mr. Chairman, I would like to con- ronment. million to upgrade and make perma- gratulate the ranking member and the It will stir up potentially toxic sub- nent the original temporary barrier to chairman of the subcommittee for stances on the bottom of the river and provide redundant protection and to bringing this important legislation to create an enormous disposal problem, continue repelling aquatic invasive the floor. And I would like to associate and I think it is unfair the way the species when the power fails or mainte- myself with the remarks of the gen- dredge spoils are going to be disposed. nance is needed. tleman from New Jersey (Mr. AN- The committee has heard our con- The Corps needs additional authority DREWS). cerns and placed into this bill a very and $3.5 million to reimburse the State First, let me say to my friend from minor amount of funds that permits us of Illinois and other interested parties Philadelphia that I understand his de- in the region to work out our dif- that have or will contribute to this sire to have the Delaware River chan- ferences. I continue to strongly oppose year’s construction of the permanent nel dredged for commerce reasons, par- the project and want to thank the com- barrier, which is arguably a national, if ticularly with the container ships get- mittee for its assistance in this matter. not international, project. The Corps ting larger, but as the gentleman from I also want to thank the gentleman needs another $500,000 to operate and New Jersey (Mr. ANDREWS), who has from Pennsylvania (Mr. HOLDEN), who maintain the permanent barrier so im- been the leader on this issue for many has been a strong and active voice provements can be made to the origi- years, has stated, it needs to be done in against this project. He has stood firm- nal, temporary barrier to make it per- an economically sound and environ- ly for the concerns of his constituents manent too. mentally friendly manner. so they are not dumped on. He has been Finally, the Corps needs additional The proposal that is before us is, as a very worthy ally, and I want the authority to operate and maintain at the gentleman from New Jersey (Mr. RECORD to reflect that I am very full federal expense both barriers as a ANDREWS) has pointed out over the pleased with his assistance and very system to maximize their effective- years, is not economically sound. The grateful for his assistance in this mat- ness. return to the taxpayers is not cost effi- ter. Mr. Chairman, this additional au- cient. It does not make an awful lot of I believe this is a wrongful use of fed- thority and funding is urgently needed. sense. The proposal also is not environ- eral taxpayers’ funds. I appreciate the Just last month the U.S. Fish and mentally friendly. One of the proposals fact there was a need to put a very Wildlife Service spotted an Asian Carp to take the dredged material out of the small amount in the bill to keep the in the Illinois River, just 21 miles away Delaware River and truck it or put it discussion going, but I want to thank from the existing temporary barrier on rail and take it 100 miles northwest the committee. and 50 miles away from Lake Michigan. to my congressional district to the an- Mr. HOBSON. Mr. Chairman, I yield In 1 year alone, the Carp will travel the thracite coal fields and dispose of it such time as she may consume to the better part of 40 miles. gentlewoman from Illinois (Mrs. I know that the chairman of the sub- there. The Army Corps of Engineers should BIGGERT) for the purpose of a colloquy. committee represents part of a Great Mrs. BIGGERT. Mr. Chairman, I Lakes State. I hope that he shares my be sensitive to local concerns, whether thank the gentleman from Ohio (Chair- concern about the spread of this that be in New Jersey or Delaware or man HOBSON) for agreeing to engage in invasive species, and I hope he will do the anthracite coal fields of Pennsyl- a colloquy about the efforts by the any and everything possible in con- vania. And, quite frankly, the boroughs Army Corps of Engineers to keep an ference to ensure that the Corps has of Tamaqua and the boroughs of invasive species of fish, the Asian Carp, the authority and the resources it Coaldale in Schuylkill County do not from reaching the Great Lakes. Prey- needs to respond quickly to the threat want these dredged materials dumped ing upon and competing with native of the fast-approaching Asian Carp. in their backyard. They have been on species for food, living space, and Mr. HOBSON. Mr. Chairman, will the record with that at their borough coun- spawning areas, these voracious fish gentlewoman yield? cil meetings. They have gone to the grow to between 50 and 150 pounds, eat Mrs. BIGGERT. I yield to the gen- State legislature. They have gone to up to 40 percent of their body weight tleman from Ohio. the county commissioners. every day, and each female can carry Mr. HOBSON. Mr. Chairman, I do Also, I want to thank the chairman up to a million eggs. share the concerns of my colleague and the ranking member for this mea- If the Asian Carp reach Lake Michi- from Illinois. That is why I commit to ger investment of $300,000. That, quite gan, they will devastate the ecosystem her and the rest of our Great Lakes frankly, I believe, will stop this project of the Great Lakes and endanger the colleagues that I will work in con- and not allow it to go forward. multi-billion dollar commercial fishing ference, I am sure with my ranking So I again thank the chairman, I industry. member, to see that the Corps receives thank the ranking member, and I real- That is why the Army Corps of Engi- the funding and authority it needs to ly want to thank the gentleman from neers built on the Chicago Ship and complete work on these barriers and New Jersey (Mr. ANDREWS) for being Sanitary Canal an invisible, electronic have them up and running as soon as the leader in this fight over the years. fence that repulses fish. Becoming possible. I agree we need a permanent Mr. VISCLOSKY. Mr. Chairman, I operational in April, 2002, and designed redundant protection against the yield 3 minutes to the gentleman from to function for only 3 or 4 years, this spread of aquatic invasive species be- Wisconsin (Mr. KIND). demonstration barrier is fast approach- tween the Great Lakes and the Mis- Mr. KIND. Mr. Chairman, I thank the ing the end of its useful life. Only after sissippi River basins and the Federal gentleman from Indiana (Mr. VIS- the State of Illinois agreed to become Government should be responsible for CLOSKY) for his leadership on the com- the nonfederal sponsor was the Corps the long-term operation and mainte- mittee and for yielding me this time. able to initiate the planning and con- nance of this project of national and Mr. Chairman, in a few minutes, I am struction of a permanent barrier. This international significance. going to be offering a very important permanent barrier is under construc- Mrs. BIGGERT. Mr. Chairman, I amendment to highlight an incredibly tion right now. thank the chairman for his commit- valuable program that affects the

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.028 H25PT1 H5092 CONGRESSIONAL RECORD — HOUSE June 25, 2004 Upper Mississippi River basin, the En- and educational events to commemo- I would also remind my colleagues vironmental Management Program. It rate their 150th anniversary. Those who that despite the administration’s ap- has been in existence since 1986. It are unable to participate firsthand in proval of Yucca Mountain, a license to deals with habitat restoration along the celebrations will be able to experi- construct the repository has yet to be the river, along with long-term re- ence the excitement through the dy- issued, and with close to 200 scientific source monitoring so we can better namic Web site that has been created. and technical questions left unan- manage the river basin and the eco- I wish the participants of the Grand swered, the project is in real danger of system. I look forward to being able to Excursion much fun and success in the collapsing as a result of a long list of continue the work on this important upcoming week. problems that have been identified and project with the chairman and the Mr. VISCLOSKY. Mr. Chairman, I remain uncorrected. ranking member of the committee as yield 4 minutes to the gentlewoman And if the Members want to have a we move to conference in dealing with from Nevada (Ms. BERKLEY). chilling conversation, I invite them to the funding issue. Ms. BERKLEY. Mr. Chairman, I speak to the representatives of the But right now, Mr. Chairman, I want would like to thank the gentleman GAO, who did an exhaustive 10-month to recognize and draw attention in this from Indiana (Mr. VISCLOSKY) for yield- study and determined that there are Chamber to a very important and fun ing me this time. over 200 remaining scientific and tech- event that is going to occur in the While we do not agree on the issue nical problems to work out before this Upper Mississippi River over the next that I will be speaking on, he is a very project can be approved. week. It is the re-creation of the Grand good friend and a very good Member of The State of Nevada has filed numer- Excursion that occurred there 150 years Congress, and I appreciate his courtesy ous lawsuits that are now pending in ago. The Grand Excursion is regarded today. federal court which raise serious ques- as one of the greatest promotional I would like to begin by thanking the tions about the legality of DOE’s de- trips ever devised in our Nation’s his- Committee on Rules for not allowing sign for the repository. language that would have allowed tory, one that changed the face of the b 1100 Upper Mississippi River forever. In budget gimmicks to pay for the Yucca 1854, the Chicago and Rock Island Rail- Mountain Project. It is sloppy science. The State of Ne- road became the first railroad to reach I strongly oppose funding for the pro- vada would also like to recover the the Mississippi River. posed Yucca Mountain Waste Reposi- oversight funding stripped from the To celebrate, the owners and contrac- tory. There is no single greater threat State of Nevada. So we do not even tors for the railroad proposed an excur- to the health and safety of Southern have the money to protect our own sion for a select group of stockholders, Nevada residents than the Bush admin- people. friends, and family. But word spread istration’s plan to dump high-level nu- Rather than waste one more cent on quickly about the occasion, resulting clear waste in the Silver State. The this dangerous and ill-conceived in a 1,200 person entourage traveling Nuclear Waste Technical Review project, it is time that we put the from Rock Island, Illinois, to what is Board, not a friend of the State of Ne- health and safety of all Americans now known as Minneapolis, Minnesota. vada, has said that there is no question above the profits of the nuclear indus- It was the Grand Excursion of paddle that canisters stored in Yucca Moun- try. Transporting nuclear waste to boats up the Mississippi River. tain will corrode, allowing deadly nu- Yucca Mountain will require decades of My district in Western Wisconsin has clear waste to escape and contaminate shipments that will leave our commu- more miles along the Mississippi River water supplies. nities vulnerable to accident and will than any other district and will play Listen to the language of the Nuclear provide inviting targets for would-be host to this excursion coming through Waste Technical Review Board. They terrorists. our communities over the next week. said the canisters will leak and deposit It is beyond comprehension that the According to the Chicago Tribune, thousands of tons of radioactivity into Members of this body would accept the excursionists were considered ‘‘the the groundwater at Yucca Mountain. this. I urge Members on both sides of most brilliant ever assembled in the Decades of scientific study have the aisle to reconsider their position West.’’ Statesmen, historians, dip- failed to answer even the most funda- and vote against this ridiculous, expen- lomats, poets, newspaper editors. As mental questions about Yucca Moun- sive, dangerous project. the media wrote home to their news- tain’s ability to withstand earth- Mr. VISCLOSKY. Mr. Chairman, I papers, word spread about the wonders quakes, volcanic activity, and now per- yield 2 minutes to the gentleman from of the Nation’s ‘‘dark interior.’’ haps more immediate coordinated ter- New Mexico (Mr. UDALL) This event turned into an oppor- rorist assault. Mr. UDALL of New Mexico. Mr. tunity to show some of our Nation’s No plans have been put in place to Chairman, I thank the ranking member most influential people the fantastic address the risks that will be created for yielding me time to discuss an issue beauty, numerous resources, and the by thousands of shipments of nuclear of great importance to my constituents unlimited opportunities that the Mis- waste, traveling past schools, hos- and to America’s security. First, how- sissippi River and the West could pro- pitals, churches, and through commu- ever, I want to offer my thanks to the vide. The year after, steamboat traffic nities across 43 States in this country, chairman and the ranking member for along the Upper Mississippi River dou- across hundreds, literally hundreds, of their work and leadership on this bill. bled, flooding the region with new set- congressional districts, to be buried in As many of my colleagues who have tlers. The Grand Excursion also a hole in the Nevada desert. One ter- DOE facilities in their district know, brought millions of dollars of invest- rorist strike or accident involving a there is a significant backlog of appli- ment to the area and positioned the load of high-level nuclear waste could cations for employee security clear- Upper Mississippi region as a dominant seriously injure or kill those living ances, especially those known as Q force in the development of the Nation nearby and cause millions of dollars of clearances. Many qualified and capable in the 19th Century. environmental damage. trade workers are unable to start work The Grand Excursion of 2004 is an op- Who will pay for this damage? Who on a timely basis or sometimes are not portunity now to draw awareness from will pay for the loss of property? Who able to work for the national labora- around the Nation and around the will pay for the environmental dam- tories at all. That means the jobs im- world about the recreational, the com- age? Who will pay to clean up the spill? portant for our national security are mercial, and the environmental oppor- Who will pay for the loss of life? not getting done. It also means that tunities that the Mississippi River and Fire and police departments are citizens living near the national lab- all its communities provide. In addi- unequipped and untrained to deal with oratories are not afforded the economic tion to the ‘‘Grand Flotilla,’’ the re- the hazards presented by nuclear opportunities that should be made tracing of the Grand Excursion’s jour- waste, and no study has been com- available to them. ney by trains, paddlewheelers, and pleted to date on the vulnerability of Although I recognize the difficulties steamboats, over 50 communities along shipments to a 9–11 terrorist-type at- the investigative agencies face in proc- the 419 mile route will hold festivals tack. essing security clearances in light of

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.030 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5093 September 11, the backlog has existed gions than any other years. Flooding is about liberating people but allow tens of mil- long since that tragic day, and this sit- a very serious issue in our community, lions to die from HIV/AIDS in Africa. We do uation must be addressed. and I would look forward to working not need to further degrade our own standing The DOE reports that Q clearance with this appropriations subcommittee as a beacon of liberty and justice by creating processes are taking at least twice as through conference to be able to pro- such violent and polluting weaponry now. So, long as they should, and stories on the vide some greater assistance. I am glad that this bill does not provide for the ground indicate that people are waiting Mr. Chairman, might I also acknowl- nuclear earth penetrator. But, I hope we can over a year for a clearance that should edge my concern on the funding for all work together to ensure that other critical be completed in no more than 75 days. nonproliferation in nuclear weapons. I non-proliferation work done by the NNSA will I would like to clarify that the main wish we had been able to include more be fully provided for in the years to come. reasons for the backlog exist not in dollars in that area. Through my work on the Science Com- DOE, but instead in the investigative Mr. Chairman, I hope to be able to mittee I have come to understand the amazing agencies responsible for doing the work with this committee in its very new technologies on the horizon that will de- background checks. Regardless, it im- fine work to increase the resources for crease our reliance on foreign sources of fos- pacts DOE directly, so Congress may these very important programs. sil fuels, and help preserve our environment choose to try to solve this problem Mr. Chairman, I would like to commend the for generations to come. It is good to see that through the energy and water spending chairman and ranking member of the Energy this bill has allotted $3.6 billion, 5 percent bill. For example, perhaps we need to and Water Subcommittee of the Appropria- more than the administration requested, on direct more funds towards programs tions Committee for their excellent work on Science programs. However, of the energy re- such as the little known Accelerated crafting this bill. There are several elements of search out there, hydrogen fuels and fuel cells Access Authorization Program, or the debate between the majority and the minority, are some of the most promising areas that ‘‘Triple-A P.’’ This program offers and between the House and the administra- need to be developed. The Science Com- qualified applicants the opportunity to tion, but in general it seems that fair com- mittee has encouraged strong support of these get an interim Q clearance and get to promises have been reached. programs, and the administration also has rec- work while their full clearance is being The bill before us could have been im- ognized the value. But this appropriations bill processed. This program demonstrates proved by some incorporation of some of the provides for less than half of what the admin- that there are innovative solutions out good amendments offered by my colleagues istration has requested for hydrogen tech- there. But obviously the small numbers from the minority side. Several of those were nology research. I represent Houston, the en- of workers that are able to process this ruled out of order, but as we all know, when ergy capital of the world. I understand the will only scratch the surface. desired, points of order can be waived if true needs of this Nation for ample and affordable Mr. Chairman, I hope that the chair- bipartisanship is desired by the majority. energy. As gas prices are high, and we are re- man and ranking member are willing Those amendments could have made this Na- alizing that we are buying too much from peo- to work with me to find solutions on tion less dependent on foreign sources of ple we might rather not be so dependent on, this serious problem. fossile fuels, and could have improved fair- it seems irresponsible to under-invest in these Mr. HOBSON. Mr. Chairman, I yield 1 ness for consumers gouged by high energy next-generation technologies. Perhaps this is minute to the gentleman from Ten- costs. But there is much common ground re- something that can be re-visited in con- nessee (Mr. WAMP), the vice chairman flected in the bill. I look forward to working ference. of our committee. with the chairman and the ranking member, to Again I thank the chairman and the ranking Mr. WAMP. Mr. Chairman, I would ensure that the funds provided in H.R. 4614 member for their work on this bill. The lagging like to engage in a colloquy with the get to critical water supply and flood control economy of the past 3 years, and huge defi- distinguished chairman, and I appre- programs in my district and around Texas. cits that have been created by our fiscal poli- ciate very much his fielding it, for a Such programs greatly enhance the lives cies, have made budgets very tight. I wish this clarification on some language in the and security of my constituents. I am pleased were not the case. But considering the box we report. that the Appropriations Committee rejected the are in, I believe our appropriators have done Mr. Chairman, is it your under- administration’s proposal to cut water project an admirable job here to fund important prior- standing that the language under the construction by the Army Corps of Engineers, ities and serve the Nation’s energy and water fusion energy section of the report by eliminating $100 million and 41 current needs. dealing with the additional funds for projects. I support the $4.8 billion provided for Mr. VISCLOSKY. Mr. Chairman, I development of ‘‘compact Stellarator the Corps, 15 percent more than the President yield 21⁄2 minutes to the gentlewoman Experiment’’ should actually be ‘‘ex- requested. This is a smart investment. I wish from California (Ms. WATSON). periments’’ plural? there could have been added funds for new Ms. WATSON. Mr. Chairman, I thank Mr. HOBSON. Mr. Chairman, if the projects. Obviously, the needs of this Nation the ranking member and the chairman. gentleman will yield, yes. change on a daily basis. Saying that this year, Mr. Chairman, I rise to raise a con- Mr. WAMP. Mr. Chairman, reclaim- we will not start any new projects is a bit illogi- cern and to support an amendment by ing my time, I thank the gentleman for cal. New projects are extremely efficient in job the gentlewoman from California (Ms. the clarification. creation. There are many competitive projects ESHOO). I am particularly concerned Mr. VISCLOSKY. Mr. Chairman, I across the Nation and in my district, which with recent developments in my home yield 1 minute to the gentlewoman should have been provided for. However, at State of California, where consumers from Texas (Ms. JACKSON-LEE). least this bill is not a step backward, like the are being forced to repay over $270 mil- Ms. JACKSON-LEE of Texas. Mr. administration requested. I commend the com- lion to Enron and other energy cor- Chairman, I thank the ranking member mittee for their leadership on this issue. porations amidst growing evidence of and chairman for their work on this One portion of the bill I am concerned about Enron and other energy companies’ bill. is the underfunding of the National Nuclear manipulative practices. Mr. Chairman, let me raise an issue Security Administration (NNSA), $21.5 million The recent release of Enron tapes, of concern for my constituents. I ap- less than the president’s request. I understand where traders openly discuss a manipu- preciate very much the funding for the that some of this withheld money would have lation of California power markets to Army Corps of Engineers, but let me gone to the ‘‘robust nuclear earth penetrator.’’ the tune of $1 million to $2 million a express my disappointment that we I agree with the Committee that we need to day, is unfair to all residents of Cali- have not been able to stretch the dol- think long and hard before we start creating fornia. Instead of FERC ordering re- lars to provide work on new projects. I new nuclear weapons, when we are pushing funds repaid by States, they should am speaking particularly about Sims the rest of the world to put aside such imple- step in and investigate, so that western Bayou, Greens Bayou, White Oaks ments of violence and destruction. We are consumers may receive well-deserved Bayou and Braes Bayou. being accused on every front of employing refunds for poor service. FERC should More importantly, having worked on double standards: as we march to war and also give the American people the right legislation dealing with inland flood- talk about peace in the Middle East; as we to view all documents related to en- ing, I can tell you that we probably spurn our own neighbors in Cuba but ask peo- ergy market deception in 2000 and 2001. have now received more rain in this pe- ple in the occupied territories or in Korea or in Mr. Chairman, the administration riod of time in Houston and other re- South Asia, to forgive and forget; as we talk continues to give billions of dollars in

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.036 H25PT1 H5094 CONGRESSIONAL RECORD — HOUSE June 25, 2004 tax breaks to special interest oil, gas But I want to assure the gentleman Well, we do understand economics. and coal companies that are doing that should the door open and new We just do not understand Enronomics, nothing to help lower fuel prices, in- studies in conference are available, we and we do not understand how this ad- stead of giving tax breaks, we need to will take another look at the merits of ministration could turn its back on provide everything possible to help the Boulder Creek study. Americans. consumers in our States and right the Mr. UDALL of Colorado. Mr. Chair- We should forgive the Vice President wrongs the energy crisis created. I am man, reclaiming my time, I thank the for his momentary lapse, but we should appalled and dismayed with the admin- chairman. never forgive this administration for istration’s coddling of special interests, I would like to ask the same question failing to stand up to Enron. while leaving taxpayers the task of of the distinguished ranking member. Mr. VISCLOSKY. Mr. Chairman, I having to foot the bills for years of Mr. VISCLOSKY. Mr. Chairman, will yield 2 minutes to the gentleman from wrongdoing by Enron and other cor- the gentleman yield? New York (Mr. ISRAEL). porations. Mr. UDALL of Colorado. I yield to Mr. ISRAEL. Mr. Chairman, I thank The refunds my home State is forced the gentleman from Indiana. the gentleman for yielding me time to to pay reward market manipulators for Mr. VISCLOSKY. Mr. Chairman, I as- speak on this very important legisla- predatory pricing activities. As legisla- sure the gentleman I will join the tion. tors we should punish, not reward, chairman in reconsideration of this Mr. Chairman, I rise today with very companies who have deceived our citi- project if the opportunity presents great concern for the future of our zens. itself. beaches. Beach tourism contributes Mr. Chairman, I urge my colleagues Mr. Chairman, I yield 2 minutes to $260 billion to the United States econ- to support the Eshoo amendment. the gentleman from Washington (Mr. omy every year. The administration’s Mr. VISCLOSKY. Mr. Chairman, I INSLEE). fiscal year 2005 budget, unfortunately, yield 2 minutes to the gentleman from (Mr. INSLEE asked and was given cuts shore protection projects and Colorado (Mr. UDALL). permission to revise and extend his re- studies by nearly 50 percent. Now, this Mr. UDALL of Colorado. Mr. Chair- marks.) includes canceling the Fire Island to man, I thank my friend for yielding me Mr. INSLEE. Mr. Chairman, I am Montauk Point Reformulation Study, a time. I rise for the purpose of a col- very disappointed in my Republican project that provides storm protection loquy with the gentleman from Ohio colleagues on the Committee on Rules and beach erosion control along an 83- (Chairman HOBSON), the manager of the who did not allow the House to con- bill. mile portion of Long Island’s south sider an effort to get refunds from shore. Mr. Chairman, I understand that the Enron for our consumers. But, none- bill does not provide for any new inves- An estimated 11.3 million people visit theless, I want to rise to defend the Re- Suffolk County’s beaches every year. tigations or other projects by the Corps publican Vice President of the United of Engineers. However, as the chairman In Suffolk County alone, south shore States who this morning is taking knows, last year’s energy and water beaches contribute $256 million to the some criticism and grief because he bill included $40,000 for the Corps to regional economy and thousands of used some non-king’s English on the proceed with a preliminary restoration jobs. floor of the Senate while discussing plan for South Boulder Creek. The Fire Island to Montauk Point After enactment of the appropria- Halliburton. Study is over 4 decades old and $20 mil- tions bill, at the request and rec- I wanted to put that in context, be- lion in the making. Completing this ommendation of the Corps, the project cause, you know, that happens to peo- nearly completed study is a top con- was moved from section 206 to pro- ple sometimes when they get angry. cern for thousands of homeowners and gramming as a General Investigation For instance, when my consumers open beachgoers in my congressional dis- Study. The President’s budget then up their power billings in Snohomish trict. proposed an additional $100,000 for this County, Washington, and find out they This is like bringing the ball 99 yards General Investigation Study. I regret have gone up 52 percent because Enron downfield, putting it on the 1 yard line, that money for that purpose is not in- has stolen millions of dollars from and walking away. cluded in the bill because recent tech- them, sometimes they think, if not The Army Corps of Engineers has nical analysis shows that some 2,500 say, an expletive. recognized on Fire Island that it must Sometimes when people find out that homes in the study area are subject to work with different groups and associa- millions of dollars were stolen from possible flood damage. tions, from homeowners’ associations Mr. Chairman, I am concerned about them, but FERC refused to lift a finger to environmental advocates. The Corps how interruption of funding could af- to help them get their money back, has utilized a process called project re- fect this project and the people who sometimes my constituents at least formulation to build support among all live in the area. think for a moment of using something agencies, governments and interest So, I would like to ask whether the that is not in the dictionary. groups involved, and each of those chairman would be willing to work Sometimes when my constituents groups recognizes that reaching an with me as the bill goes to conference find out that this administration re- overall consensus is the best way to to try to enable the Corps to do its fused to lift a finger to help the West preserve this national treasure for fu- work. Coast as we were going down in flames, ture generations. Mr. HOBSON. Mr. Chairman, will the sometimes my constituents think The U.S. Army Corps of Engineers gentleman yield? about using language that is not ac- has agreed to work with the Senate Mr. UDALL of Colorado. I yield to ceptable in Sunday school. Committee on Appropriations to en- the gentleman from Ohio. And sometimes when my constitu- sure the continuation of the Reformu- Mr. HOBSON. Mr. Chairman, I will ents find out that when we went on a lation Study. agree to work with the gentleman on bipartisan basis to the vice president of I want to express my very deep ap- this as the bill goes to conference, but the United States and begged him to preciation to the ranking member for I want to remind him, though I am help us solve this problem, because 32 his commitment to support the Fire Is- sure this study deserves to proceed, the percent of all the generating capacity land to Montauk Point study in con- fact is that not all deserving new stud- was turned off at the moment that the ference. As this legislation moves for- ies can go forward at the same time. stoplights were out in California, and ward, I encourage all of my colleagues It is one of the basic cornerstones of he looked at us, and obviously someone to continue working to protect our this bill that we tried to limit projects was gaming the system, obviously the beaches and support a $260 billion con- and studies until we finished some of Enrons of the world were manipulating tributor to our Nation’s economy. the things we have already started. the system, obviously there were viola- There has been a lot of criticism of the tions of Federal law, he looked at us b 1115 Corps that it does not get things done and said, ‘‘You know what your prob- Mr. VISCLOSKY. Mr. Chairman, I and costs get out of line. What we have lem is? You just don’t understand eco- yield 4 minutes to the gentleman from tried to do is limit the new starts. nomics.’’ California (Mr. WAXMAN).

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.038 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5095 Mr. WAXMAN. Mr. Chairman, like Frankly, I have spent my entire chair- Now, think about that. Do you buy many of my colleagues, I was dis- manship on the Subcommittee on En- your mortgage 24 hours ahead of the appointed that the Republican major- ergy Policy, Natural Resources and time when you occupy your house? No, ity would not accept the Eshoo amend- Regulatory Affairs dealing with energy you do not. Do you buy your gasoline ment to even be offered to the Mem- issues, in particular the California or your food or your health care insur- bers of the House as we had requested issue. ance, do you buy that 24 hours ahead of of the Committee on Rules. This will We have heard a lot of talk about the time when you need it? No, you do certainly come as a disappointment to certain companies manipulating mar- not, because the price is not going to Western families. ket behavior, and the transcripts clear- be very favorable. And yet the struc- As everyone knows, in the year 2000 ly indicate that that is the case. The ture in which the California Public and 2001, energy companies like Enron question that we ought to ask is what Utilities Commission set this up was ruthlessly gouged Nevada, California, were the precursor conditions that led such as to be self-defeating, and to now Washington and Oregon. Yet for too to that. I think that is a fair question. come forward 3 years on and complain long, this administration and the Fed- I mean, instead of treating the symp- about the circumstances that existed eral Energy Regulatory Commission toms, let us treat the root cause of the in California is somewhat interesting tried to hide this reality from Congress issue; and the fact of the matter is that to me at best. and the public. for all the complaints that might be Now, there is a demand and supply In fact, energy Secretary Spencer registered against the current adminis- imbalance in California. The demand Abraham dismissed the whole matter tration, the same requests being reg- and supply imbalance in California has as a myth. Vice President CHENEY met istered with them were registered with ramifications for the folks in Oregon with all of us and said it is overzealous the previous administration. And in ac- and for the folks in Nevada and for the environmental laws that are causing cordance with the law, the previous ad- folks in Arizona and Washington, be- this problem. He did not tell us that at ministration said there is not a thing cause the demand in California is so the same time he was meeting with we could do. great that we will suck up every kilo- Enron officials in the capacity as Go back and check the record. I en- watt of power that is anywhere in the chairman of his energy committee, and courage you to do that. Go back and market. We will not let our families he would not tell us who else he met see how many requests were made of and our factories go quiet or be with- with, because now even the Supreme the Clinton-Gore administration to in- out power, and the price will act ac- Court has allowed him to continue tervene on this issue, and you will find cordingly. without disclosing that information for that Clinton-Gore routinely and regu- Now, there was a proposal that I put a while. larly said the law is very clear, and we forward to allow FERC to immediately Price gouging occurred in both 2000 cannot intervene. And the law has not assess the impact of inappropriate be- and 2001. Yet FERC has said it only in- changed. The law has not changed in havior, rather than waiting for 60 days. tends to grant refunds for gouging that terms of how FERC can intervene on I got no cosponsors from that side of occurred in October 2000 and there- these things. I think that is an impor- the aisle for that. There is a proposal I after. tant point to make. So if you are going put forward that eventually led FERC The Eshoo amendment would have to complain about how the law is inter- to a solution in terms of the pricing required FERC to issue refunds when- preted, perhaps we ought to first look imbalance in California that allowed ever the gouging occurred, whether the at the law itself and change that. FERC to set overall prices in the mar- misconduct occurred before or after Now, the second thing is that in Cali- ketplace at the last marginal pricing October 2000. fornia there is this interesting mix in unit. I not only did not get any cospon- This is only common sense. A law terms of how the energy markets are sors from that side of the aisle; I got breaker is a law breaker regardless of regulated. And California being kind of attacked from that side of the aisle. when the law is broken, and the people like the big market in the entire And now I find, interestingly enough, who have lost their funds and demand United States, the consequences of how that is exactly the proposal my Demo- a refund as a result of this manipula- the market in California operates have crat colleagues all are putting forward. tion are entitled to it. ramifications for Oregon and Wash- Mr. Chairman, we cannot solve these Without the Eshoo amendment, ington, Nevada and Arizona and the problems by snapping our fingers. FERC will continue to settle cases be- rest of the country. These are not things that get solved 24 hind closed doors for only pennies on Well, in California the ability to hours beforehand. We can no more the dollar. Without the Eshoo amend- build new plants or price the product is solve this problem in 24 hours’ time ment, Western families stand to lose controlled by what is called the Public than we can reasonably expect inves- billions of dollars in legitimate re- Utilities Commission, and in California tor-owned utilities in California or funds. at the very onset of this electricity cri- anywhere else to be able to meet their However, today, the House is going sis, a request was made of the Governor power demand in a 24-hour-ahead mar- to agree unanimously to a small part to ask the Public Utilities Commission ket. We cannot do it. We have to plan of the Eshoo amendment, and that is to to provide the investor-owned utilities, ahead. require FERC to turn over and reveal PG&E and Southern California Edison Now, to come out here 3 years on and the documents and other evidence that and Sempra in San Diego, the ability beat your chests about the behavior of they have about the misdeeds of Enron to forward contract for delivery of the current administration, which is and other energy companies. power. exactly the same as the behavior of the This is a positive step, but the real There is a letter on record sent from previous administration that you all test will come to see whether the Re- the assembly Republicans to the Gov- refused to hold accountable, I mean, publican majority will make sure that ernor asking him to exercise his au- that is just unacceptable. Now, you can FERC now lives up to this directive. I thority over the PUC and get this for- go on and do it, but the facts of the am disappointed we did not go further. ward contracting ability in place. And matter speak very loudly. This is a small step forward, but the you know what the Governor did? The I invite you, and I have invited you, point that I want to underscore is that Governor never responded. He did noth- to look at the bills that I have put for- justice is not being done. ing. ward. I have been harangued by some Mr. HOBSON. Mr. Chairman, I yield The consequence of that is that the of you; and upon examination, you to the gentleman from California (Mr. investor-owned utilities were left de- have not even read the bills that I have OSE) such time as he may consume. fenseless. Under a set of rules adopted put forward to try and solve this prob- Mr. OSE. Mr. Chairman, I thank the unanimously by the California legisla- lem. I invite you to come help us. We gentleman from Ohio (Mr. HOBSON), ture, that effectively forced them into are looking for partners to solve this and I thank the chairman. the day ahead of market. In other thing. I find it interesting to come to the words, they had to go into the market There are three legs to this solution. floor today virtually 3 years on to dis- no more than 24 hours ahead of time The first is the PUC, which has yet, has cuss the issue of energy in California. and buy the power for their customers. yet to adopt the regulation in allowing

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.042 H25PT1 H5096 CONGRESSIONAL RECORD — HOUSE June 25, 2004 investor-owned utilities to contract for Since my friend from California constituents for a scheme that will leave this forward delivery of power. That is the would not yield any time, I just would country looking for another nuclear waste stor- first leg. The second leg is to allow the like to set this down for the record. age in the decades to come. construction of new facilities instead The amendment relative to the pre- At the end of the day, all Yucca Mountain of defending these dinosaur facilities vious question this morning had solu- will do is create one more large storage facility that are high-polluting, using coal, or tions in it. We are now in the year 2004. and millions of new security threats, one for oil, or diesel for power generation; the We do not need any more debates about every road, rail, and water mile this waste will second leg of this is to allow new tech- the markets. The energy companies travel along. On September 11, we witnessed nology to come to the market. But you have essentially signed confession slips the single-most horrific event in our nation’s stand over there and you object to ev- on this. So let us not go back to 1999. history. Instantly we became all too aware of erything. You stand there like Horatio We now have evidence. our country’s vulnerability to threats from out- at the pass, and you will not let us into That is why we are saying the FERC side our borders. Transporting tens of thou- the Valley of Solutions. should order refunds. The gentleman, sands of tons of nuclear waste across the I ask you to stand next to us, not in by voting for the previous question, he country was not a good idea before Sep- front of us objecting or preventing us turned down the solution of refunds. tember 11, and it’s certainly not a good idea to move forward. I will tell my col- Let us make that very clear here this now. We had never thought of a fully fueled leagues why. Because the facilities we morning. passenger plane as a weapon. Let’s not make can bring on line today with new tech- Mr. PORTER. Mr. Chairman, I rise today to the same mistake with the trucks, trains, and nology, created in California, perfected voice my opposition to the funding of the barges that will be transporting nuclear waste. in California will allow us to generate Yucca Mountain project in the Fiscal Year Mr. SHAYS. Mr. Chairman, I strongly sup- power with less adverse impact on the 2005 Energy and Water Appropriations Bill. As port H.R. 4614, the Energy and Water Devel- environment at lower price, at a higher you know, the Yucca Mountain issue has for opment Appropriations Act for Fiscal Year efficiency. It is unfathomable to me, over two decades been of intense personal in- 2005, which contains funding for four impor- after 51⁄2 years, the last 31⁄2 years of terest to me and my Nevada constituents. tant dredging projects in my district. which I have been chairman of a sub- Currently, the Yucca Mountain project is The maritime industry in Connecticut has committee, to find that my friends who being fought in the halls of justice, and no enormous potential and these projects play happen to live in California with me more tax dollars should be allocated to this pivotal roles in that industry. are only now coming to look at this so- project until the courts have provided their With these much-needed funds, the Army lution. And the path of solution that input which I believe will be favorable for Ne- Corps of Engineers will be able to advance they propose is to beat their chests, at- vada. Furthermore, nearly 200 key scientific dredging projects in Bridgeport, Norwalk and tacking an administration which did questions remain unanswered by the Depart- Southport Harbors, as well as Mill River in exactly the same thing as the previous ment of Energy and the facility has yet to ob- Stamford, ensuring our ports remain viable for one. tain a license from the Nuclear Regulatory recreation and commerce. Mr. Chairman, I ask my colleagues in Commission. At a time when the project is fac- Long Island Sound is a valuable resource to California to look at these solutions. ing potentially insurmountable licensing obsta- our state both environmentally and economi- We need to give these investor-owned cles, why would we want to spend another cally—providing a watershed for 10 percent of utilities the ability to forward-con- dime on this ill-thought plan? the American population and contributing $6 tract for power. That is a huge step in Any assessment of Yucca Mountain’s suit- billion annually to the regional economy—and the right direction. We need to create ability as the national nuclear waste repository it is critical we treat it well. Dredging is nec- the new facilities that use natural gas must look at the feasibility of transporting essary to maintain the Sound’s safe navigation and far less polluting carbon-based waste to the site. Taking 70,000 metric tons of and long-term viability and vitality. power sources to provide us the energy dangerous radioactive nuclear waste, remov- In Bridgeport, the funds will support efforts for our homes and our factories. We ing it from reactor sites around the country, to find an environmentally sound disposal need to find a way where we can talk and putting it on trucks and trains and barges, method for toxic sediment in Bridgeport Har- sensibly about a market-based solu- and moving it through cities, towns and water- bor. The harbor has not been dredged for 40 tion. ways across America is a disastrous scheme. years due to contaminants in the dredged ma- My Democrat colleagues cannot This highly hazardous material will ultimately terial that would be unsuitable for disposal in come down here and beat their chests travel through 43 States and pass by more open water and the result is a shallow harbor, in 2004 because it is a Presidential elec- which restricts commercial viability. tion year and try and rewrite history. than 50 million Americans who live within 1 In Norwalk, the money will allow the Army Governor Davis tried that, and now he mile of the proposed transportation routes. As many of you are aware, a GAO report Corps of Engineers to complete the necessary is writing his memoirs. That is just the concluded that the risk of an accident during planning to begin dredging Norwalk Harbor. fact. I am not interested in you guys nuclear waste transport is low and that even Norwalk Harbor Federal Navigation Project writing your memoirs. I am interested if an accident or terrorist attack were to occur, has not been maintained since 1981. The in you joining with us to find solu- channel’s depths have become so low that the tions. That is what this is all about. the potential for widespread harm is low. How- I am not going to be here a year from ever, the GAO characterizes irradiated nuclear passage of commercial and recreational ves- now. You all are going to have this in fuel as ‘‘one of the most hazardous materials sels is restricted to the point that public safety your lap, and you are going to have to made by man’’ and recommends that ship- and the viability of water-dependent busi- deal with it. I am going to be out in ments be minimized. nesses have been adversely affected. California dealing with the con- Mr. Chairman, it’s just not worth the risk to The funding for Southport will be used to sequences. But I ask you to please transport 70,000 metric tons of nuclear waste dredge Southport Harbor, which has long focus on solutions. across our nation. Even with Yucca Mountain, served as a center of boating activity in west- Mr. Chairman, I say to the gen- there will continue to be nuclear waste stored ern Long Island Sound and as a vital center- tleman from Ohio (Chairman HOBSON), at all operating reactor sites. All of this is com- piece of a historic district included on the Na- he has been a mentor of mine and he pletely unnecessary. Nuclear utilities can and tional Register of Historic Places. The has done heavy lifting across this coun- do store waste safely on site at reactors. In Southport Harbor FNP has not been main- try on energy issues, and I thank him. fact, the very same storage technology that is tained since 1962 and consequently the navi- The CHAIRMAN pro tempore (Mr. planned to be used at Yucca Mountain is cur- gability is restricted by shoaling in a number of UPTON). The gentleman from Indiana rently used at reactor sites around the country. locations. (Mr. VISCLOSKY) has 2 minutes remain- No reactor in the United States has ever In Stamford, the funding will be used for a ing; the gentleman from Ohio (Mr. closed for lack of storage. design project to address ecosystem restora- HOBSON) has 8 minutes remaining. As a legislator, like all of you, I need to be tion, sedimentation, and dredging issues at the Mr. VISCLOSKY. Mr. Chairman, I fully informed about the effects legislation and Mill River. The Mill River ecosystem has been yield 1 minute to the gentlewoman issues will have on my constituents. The mul- severely degraded by years of polluted urban from California (Ms. ESHOO). tiple risks associated with transporting large runoff, thwarting public enjoyment of the re- Ms. ESHOO. Mr. Chairman, I thank volumes of nuclear waste over long distances source and threatening its natural values. The the distinguished ranking member for to Nevada cannot be justified. You are being funding will assist a multi-year effort to restore yielding me this time. asked to risk the health and safety of your the shoreline and aquatic ecosystem of the

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JN7.043 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5097 Mill River, acquire and preserve shoreline will take on this responsibility or that additional about 9 percent less than the President’s re- properties, reduce polluted urban runoff into funds will be found in Conference. quest. I am especially disappointed that the the Long Island Sound, foster commercial and Mr. TERRY. Mr. Chairman, it is with regret bill provides less than half of what the Presi- ferry navigation, and create public recreational that I come to the floor today in opposition to dent wanted for hydrogen technology re- facilities and other mixed-used development. this legislation—H.R. 4614, the Fiscal 2005 search, about $31 million (48 percent) under Bridgeport, Norwalk, Southport and Stam- Energy and Water Appropriations bill. Unfortu- the requested amount. ford desperately need this money to continue, nately, this bill Fails to adequately address Funding for hydropower is $1 million (20 or complete, essential dredging projects that America’s future energy needs. percent) under the administration’s request. will help alleviate the state’s transportation I realize H.R. 4614 is about more than just And the measure provides $15.5 million (20 issues while benefiting our state’s economy energy, and it does contain some good provi- percent) less than requested for the Office of and mitigating air pollution. I am grateful these sions. There is funding for important flood con- Electricity Transmission and Distribution, the critical funds are included in H.R. 4614 and trol projects, scientific research, nuclear non- newest division of the Department of Energy, am hopeful the House will approve the bill proliferation programs, and environmental which is leading efforts nationwide to mod- today. cleanup. ernize and expand our electric delivery sys- Ms. MCCARTHY of Missouri. Mr. Chairman, But this legislation falls well short in the tem. I rise to address H.R. 4614, the FY05 Energy realm of energy, especially in this time of tight It seems the appropriators chose to ignore and Water Appropriations bill. Although I am energy supplies and volatile energy prices. the energy challenge facing our Nation. Or pleased that this legislation includes funding The most glaring shortfall is that it provides maybe they simply forgot that America today for a number of important water projects in my only 14 percent of the amount requested for imports 60 percent of its oil supply; that gaso- district, including the Blue River Channel, Blue construction of the nuclear waste facility at line prices are hovering around $2; that nat- River Basin, Swope Park Industrial Area, Yucca Mountain, Nevada. The administration ural gas supplies are at an all time low; and Brush Creek Basin, Seven River Levees, and has stated that the Yucca Mountain facility will that just 10 months ago, the worst blackout in the Missouri Riverfront Habitat Restoration, I need to have about $1.3 billion a year if it is our history left a quarter of the country in the continue to have serious concerns about the to meet the 2010 deadline for opening. This dark. overall level of funding in this legislation. bill appropriates only $131 million for fiscal Still, appropriators managed to spend $28 In particular, today’s legislation provides 2005. billion in this legislation—about $50 million only 3% more funding for critical energy and Yesterday, the House Energy and Com- more than the President’s request. H.R. 4614 water projects than was provided in FY04. merce Committee, on which I sit, overwhelm- is yet another example of what happens when This is barely enough to account for the rate ingly approved legislation introduced by Chair- the appropriators ignore their colleagues who of inflation. Because of this shortage of fund- man JOE BARTON (H.R. 3981) that would dedi- sit on the authorizing committees, hold hear- ing, H.R. 4614 does not include any funding cate the next 5 years of receipts in the Nu- ings, conduct oversight, and produce thought- for new projects or studies, leaving us unpre- clear Waste Fund to the construction of the ful legislation. In failing to address the Yucca pared to properly respond to new flood control Yucca Mountain facility, keeping the project on Mountain issue today, appropriators have es- emergencies. In my own district, $100,000 is schedule. The Barton bill would also ensure sentially overlooked the hard work of the En- urgently needed to begin addressing critical that the fund would be used only for Yucca ergy and Commerce Committee. flood and stormwater control issues sur- Mountain and not diverted by appropriators for Congress must address the Nation’s out- rounding the Little Blue River watershed in other purposes. dated energy infrastructure. As a father of Jackson County, Missouri. Rapid growth in Chairman BARTON’s legislation should have three young children and as a Member of this this area has created numerous flood control been attached to H.R. 4614. That was not per- chamber who has long pushed for a modern- and storm drainage challenges for commu- mitted, and now this energy and water bill ized energy policy, I cannot in god conscience nities throughout my district. Left unaddressed, risks delaying the Yucca Mountain project—22 vote for this legislation. these flood threats could cost local commu- years after Congress first called for the cre- Mr. BISHOP of New York. Mr. Chairman, I nities and businesses millions of dollars. We ation of a single, secure repository for the Na- rise in support of this legislation. Given difficult need to act now to adequately investigate and tion’s spent nuclear fuel. Furthermore, it casts budget choices, and an egregious Administra- plan for these developing challenges. Delaying doubt on the growth of nuclear power, the tion budget proposal for the Army Corps of action will only force more expensive interven- cleanest, most abundant form of energy Amer- Engineers, the Chair and Ranking Member of tion at a later date. I hope that Chairman HOB- ica has today. the Subcommittee have done their best to SON and Ranking Member VISCLOSKY will work My state of Nebraska is home to two nu- craft a good bill. with our colleagues in the Senate to ensure clear power plants that provide almost a third I am particularly pleased that this legislation that these issues and other emerging flood of the electricity produced in our state. To adequately funds our country’s national labs. threats are properly addressed in Conference. date, Nebraskans have paid more than $216 In this time of budget cuts, we cannot forget This legislation also fails to address our re- million into the Nuclear Waste Fund. Yet our that basic science is a building block for sci- newable energy needs. The bill provides only public power utilities are being forced to build entific innovation and economic growth in the $343 million for renewable energy programs, additional storage space for spent fuel be- information age. Under this budget, $31 million less than the administration re- cause we are still without a national reposi- Brookhaven Lab, which is located in my dis- quested. During a time when energy prices tory. In fairness to the ratepayers, we must trict, will continue to make great contributions are soaring, we must remain committed to in- keep the Yucca Mountain project on track for in the areas of nuclear physics, structural biol- vestments in long term renewable energy al- completion by 2010. ogy, environmental research and nonprolifera- ternatives. In my own district, we have had The Yucca project is also essential to our tion. great success encouraging the use of bio- security concerns. Today, 50,000 tons of This bill also adequately funds environ- diesel as an alternative to dirtier, non-renew- spent nuclear fuel are scattered across the mental cleanup efforts at the Lab vital to the able fuel sources. We need to continue our country, at 131 sites in 39 stated—including health and safety of residents on the East End commitment to this important initiative. Nebraska. Oftentimes, these storage sites are of Long Island. I am grateful to the Chair and Finally, I am very concerned that this legis- near major cities and waterways. Ranking Member of the Subcommittee for at- lation fails to guarantee adequate funding for Billions of dollars from U.S. electric con- tending to these vital needs. the Yucca Mountain Project. Specifically, I am sumers have already been invested in Yucca I am concerned, however, with one par- alarmed that funding does not exist to ensure Mountain. It is the most suitable location for ticular project in this bill of vital importance to that all transportation routes to the mountain this repository. And with today’s tough envi- the south shore of Long Island. The Fire Is- are as secure as possible. Missouri is a rail- ronmental standards and surging demand for land to Montauk Point Reformulation study— road and interstate hub. Given the likelihood electric power, nuclear energy must continue which covers an 83 mile stretch of Southern that a majority of waste from east of the Mis- to play a substantial role in the Nation’s en- Long Island—has been underway for decades sissippi River will be transported through Mis- ergy portfolio. The bill on the floor today fails at a cost of more than $20 million. Unfortu- souri, it is downright frightening to think of the to recognize this. nately, this bill contains no funding to continue consequences if we do not properly fund the I want to make it clear that I have objections this study. secure transport of this waste. It is my under- to this bill beyond the funding for Yucca Moun- I understand, however, that the Ranking standing that the Office of Management and tain. Member of the Subcommittee is committed to Budget has the ability to secure the additional Under H.R. 4614, renewable energy re- work with me and my Long Island colleagues funding for this project. I am hopeful that they sources are shortchanged by $31.5 million, in conference, to protect any funding included

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.041 H25PT1 H5098 CONGRESSIONAL RECORD — HOUSE June 25, 2004 in the Senate bill for this study. I look forward way in which this Chamber ought to routinely STATEMENT OF ADMINISTRATION POLICY to the successful and timely completion of this work, and urge the support of all our col- The Administration supports House pas- project, and I again thank the Chair and Rank- leagues for passage of H.R. 4614. sage of the FY 2005 Energy and Water Devel- opment Appropriations Bill. ing Member for their cooperation and good Mr. EVERETT. Mr. Chairman. I rise today in work. The President supports a discretionary support of this legislation, but as chairman of spending total of not more than $819 billion, Ms. EDDIE BERNICE JOHNSON of Texas. Mr. the Strategic Forces Subcommittee on Armed in addition to the $2.5 billion in advance ap- Chairman, I want to thank the gentleman from Services, I must express my concerns about propriations for Project BioShield, con- Ohio (Chairman HOBSON) and the gentleman some of the funding levels for important Na- sistent with his FY 2005 Budget. The Presi- from Indiana (Mr. VISCLOSKY), the ranking mi- tional Nuclear Security Administration (NNSA) dent’s Budget responsibility holds the nority member, for the leadership they have programs that are authorized within my sub- growth in total discretionary spending to provided in putting together this legislation to committee. The Fiscal Year 2005 Energy and less than four percent and the growth in non- fund important programs like the Army Corps security spending to less than one percent, Water Appropriations bill provides no funds for while providing the critical resources needed of Engineers, Dallas Floodway Extension and the robust nuclear earth penetrator (RNEP), for continued work on a study of flood control for our Nation’s highest priorities: fighting advanced concepts, modern pit facility, nor en- the War on Terror, strengthening our home- on the Upper Trinity. hanced test readiness. The Fiscal Year 2005 land defenses, and sustaining the momentum I support the fiscal year 2005 Energy and National Defense Authorization bill, which of our economic recovery. Water development appropriation measure. passed this House overwhelmingly just weeks Consistent with the need for responsible Mr. Chairman, in 1998, the voters of Dallas ago, fully funded the President’s request for spending restraint, the Administration urges approved the largest bond issue in the City’s the Congress to fully fund unavoidable obli- these important initiatives. Furthermore, this history, $246 million, to make improvements to gations and not to include any emergency elimination of funding for these programs jeop- the Trinity River Corridor. There are many as- funding, including contingent emergencies, ardizes our country’s ability to respond to fu- pects to these projects, including transpor- unless mutually agreed upon in advance by ture national security threats, as pointed out in tation, recreation, and economic development. both the Congress and the Administration. the Statement of Administration Policy. I now Within this context, the Administration But at its heart, the Trinity River Corridor is include that complete Statement of Administra- urges the House to fully fund Presidential about flood control. It is about protecting tion in this RECORD. priorities, such as the Nuclear Waste Reposi- homes, businesses, people, and property. The tory at Yucca Mountain, NV and the Hydro- flood control protection currently afforded to Of particular concern to me is the $27.6 mil- gen Fuel initiative. the City and its residents is simply no longer lion authorized in the House-passed bill for The Administration is pleased that the adequate. RNEP would support the Air Force-led study Committee-reported bill is consistent with Urban development and growth patterns concerning the feasibility of modifying an exist- the overall $819 billion discretionary total have occurred that require improvements and ing nuclear weapon to destroy what are known and looks forward to working with the House to address the following concerns. extensions to the existing flood control system. as hardened and deeply buried targets. It has These improvements and extensions must be long been recognized that these hardened tar- ADMINISTRATION PRIORITIES designed, engineered, and constructed in a gets are increasingly being used by potential Nuclear Waste Repository. It is vital to se- manner that will not only improve flood control adversaries to conceal and protect leadership, cure nuclear waste now scattered at 126 sites in 39 States in one appropriate underground protection for the City and its residents, but command and control, weapons of mass de- struction, and ballistic missiles. I believe it is facility. Further delay increases the costs will do so in a manner that is sensitive to our and security risk of storing materials at other needs. imperative that we finish this review as part of these various sites. Therefore, it is impera- We must improve flood protection, but we a larger effort to ensure that we further our tive that the Department of Energy (DOE) need to be certain that such flood protection technological edge. have the necessary resources for licensing infrastructure also enhances our quality of life. Critics of RNEP say that they are not con- and constructing the repository at Yucca The legislation before us includes funding to vinced that this money will only fund a study. Mountain, Nevada. The President’s Budget help assure that the quality of life of the peo- contains a proposal to facilitate the long- This simply is not the case. This funding does term financing for this project and the En- ple of Dallas, and our economic vitality, are in- not authorize the production of any weapons. ergy and Commerce Committee has reported deed improved. In fact, Section 3117 of Fiscal Year 2004 Na- a bill consistent with the proposal. We This legislation includes $10 million for the tional Defense Authorization Act (Public Law strongly urge the House to adopt this financ- construction of the Dallas Floodway Extension. 108–136) clearly states and I quote, ‘‘The ing proposal and will continue to work with This will consist of a chain of flood convey- Secretary of Energy may not commence the the Congress to ensure its enactment. ance wetlands and a system of protective lev- engineering development phase (phase 6.3) of Hydrogen Fuel Initiative. The Administra- ees that will enhance the security of 12,500 the nuclear weapons development process, or tion strongly urges the House to fund the President’s Hydrogen Fuel Initiative, which structures in the Dallas area. any subsequent phase, of a Robust Nuclear While I recognize the difficult constraints the will reduce the Nation’s dependence on for- Earth Penetrator weapon unless specifically eign oil and provide cleaner air. The Com- Committee worked under in developing this authorized by Congress.’’ mittee’s $31 million reduction for fuel cell legislation, and appreciate the funding in- Opponents also point to the NNSA Future technologies should be restored by re- cluded, I also know it is imperative to the pub- Years Security Plan inclusion of $484.7 million directing funds from the Corps of Engineers, lic health and safety of the people of Dallas which is funded well above the President’s for RNEP in the future. This budget estimation that this project proceed as quickly as pos- request. is required by congressional direction, and sible. National Security. The Administration With that in mind, I do wish to note that it represents a placeholder should Congress and strongly opposes the elimination of funding will be my intent to try and secure a total of the President decide to go any further than a for the Advanced Concepts Initiative, the $20 million for this project; an amount con- study. Without the placeholders by both NNSA Robust Nuclear Earth Penetrator study, and and the Department of Defense (DoD) in the planning for the Modern Pit Facility. These sistent with the capability that the Corps has reductions, if sustained, would diminish the expressed for 2005. out year budgets, if authorized, the start of the RNEP’s next phase would be delayed until Nation’s ability to respond to future na- This legislation contains $1.3 million for con- tional security threats. Once again, this re- tinued work on a study of flood control on the funding was appropriated. This would nullify duction could be restored by redirecting Upper Trinity as well as additional flood con- the schedule and cost estimates and require some of the funds from the Corps of Engi- trol improvements to the existing Dallas the costing and schedule to be redone caus- neers or DOE’s nuclear energy research and Floodway. This is such an exciting project that ing additional taxpayer cost. Moreover, by the development program. should include the development of two flood statute cited earlier, these funds could not be ARMY CORPS OF ENGINEERS—CIVIL WORKS conveyance lakes within the floodway, along used for anything other than basic research The Administration commends the Com- with new wetlands, river meandering, and without subsequent approval by Congress. mittee for focusing the Civil Works program boardwalks that will serve to unite the City and Although I plan to support this legislation, as on completing projects already under con- bring families to the levees, which currently chairman of the subcommittee of jurisdiction, I struction and limiting new starts. These ef- forts are consistent with the Administra- have the impact of, literally dividing our com- felt it necessary to set the record straight con- tion’s policy to reduce the backlog of ongo- munities. cerning this program, and I am hopeful that ing civil works construction projects. We Mr. Chairman, I appreciate the bipartisan ef- the House/Senate conference will provide a urge the House to eliminate funding and can- fort that went into the drafting of this legisla- reasonable level of funding for these pro- cel balances for projects that have low esti- tion, commend that effort as a model for the grams. mated economic or environmental returns or

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.044 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5099 that are outside the Corps main mission, as authority for project mitigation from the In New Jersey alone, the Army Corps budg- requested. Secretary of Energy to the Secretary of the et helps keep the 127 miles of New Jersey We urge the House to restore funding that Interior. coastline open to visitors from across the is necessary to sustain operations on four TENNESSEE VALLEY AUTHORITY (TVA) nationally significant Corps projects: $18 country. Serving as one of New Jersey’s The Administration is disappointed that greatest attractions, our beaches generate million for Columbia River fish recovery to the Committee did not provide, as the Sub- comply with a biological opinion pursuant to committee did, the requested appropriation over 30 billion dollars for our state’s economy the Endangered Species Act (ESA); $12 mil- of $9 million for TVA’s Office of Inspector each year, while providing over 800,000 peo- lion to revitalize the side channels of the General (OIG) to be derived from the TVA ple with jobs. Upper Mississippi River; $8 million for Ever- Fund. This proposal would allow the OIG to One of the most important Army Corps glades Restoration; and $51 million to im- conduct its duties in a more independent projects is the Port of New York and New Jer- prove Missouri River habitat and support manner, similar to the Inspectors General of sey Harbor Deepening. For the second year in continued operation of the river in compli- other Federal agencies. ance with the ESA. We also request that the a row, President Bush’s budget message rec- CONSTITUTIONAL CONCERNS House restore $10 million to the Regulatory ognized the dredging of this port as a national Section 501 of the bill purports to limit the Program to avoid delays in the permitting priority and called for it to be one of five na- use of appropriated funds by the Executive process and ensure effective enforcement. tional navigational projects. Branch in communicating with the Congress. It goes without saying that projects like the DEPARTMENT OF ENERGY To the extent this provision would preclude The Administration strongly opposes re- the President or his subordinates from initi- Port drive our national economy it is a national ductions to the National Nuclear Security ating communications with the Congress, it secret asset. As the largest port in the north- Administration’s (NNSA) Nonproliferation would interfere with the Executive Branch’s east and a leading job center for the New Jer- programs to eliminate weapons-grade pluto- ability to influence congressional action and sey/New York Metropolitan area, we must nium production in Russia and to dispose of would violate the Recommendations Clause continue to focus our efforts on deepening its 68 metric tons of surplus weapons-usable plu- of the Constitution. The Administration major navigation channels so that the port is tonium in the Russian Federation and the urges the House to remove this provision or able to meet the 21st Century needs of our United States. The proposed reductions amend it to allow normal and necessary Ex- could delay the programs and escalate their ecutive Branch communications. economy. costs, thereby damaging critical components The importance of the Army Corps budget is Mr. FRELINGHUYSEN. Mr. Chairman, I rise not limited to just navigational projects. In an of the Nation’s comprehensive nonprolifera- today in support of H.R. 4614, the Fiscal Year tion strategy. effort to protect New Jerseyans, their homes, The Administration objects to the bill’s re- 2005 Energy and Water Appropriation’s bill. and their businesses from the destruction and First, let me thank the distinguished Chair- ductions to important nuclear stockpile devastation of flooding, this bill also provides man of this Committee, DAVE HOBSON, for this stewardship programs, such as the Life Ex- the framework and the funding to purchase tension Programs, Directed Stockpile Work, work in crafting this legislation. He and ranking wetlands for natural storage areas, and to and the science and engineering campaigns. member PETE VISCLOSKY have drafted an ex- Furthermore, the Committee’s restrictive cellent bill that focuses on our national prior- work with the local governments in across funding controls for the complex Inertial ities. northern New Jersey to develop long-term so- Confinement Fusion National Ignition Facil- Mr. Chairman, our country continues to ben- lutions to re-occurring floods. In New Jersey ity program may prevent NNSA from achiev- efit from advances in science, technology and this means that projects like the Jackson ing the milestones the Congress has directed engineering. We’ve discovered the potential Brook Flood Control project in my own district for the program. and the dredging of the Hudson Raritan Estu- The Administration is concerned with the for fusion energy, advanced renewable en- $76 million reduction to the high-level waste ergy, and improved energy efficiency. Through ary Lower Passaic River Restoration, among proposal. The Defense Nuclear Facilities cutting research and the development of these several other critical local projects have the Safety Board has recently communicated to programs at the U.S. Department of Energy, funding to remain on track. DOE its view that the safety consequences of we are rapidly advancing our scientific knowl- Mr. Chairman, for all of these reasons, I delaying radioactive waste disposition ac- edge. urge my colleagues to support this important tivities at the Savannah River site are unac- Mr. Chairman, I have long supported fund- legislation. ceptable. Moreover, the Administration and ing for renewable energy sources. The Com- Mr. SIMPSON. Mr. Chairman, I rise in the State of South Carolina have reached strong support of the Energy and Water bill. I agreement on radioactive waste disposal and mittee’s investment of $343 million in renew- want to commend Chairman HOBSON and the underground storage tank closure at DOE’s able energy resources will be integral to cre- Savannah River site. While we share the ating alternative energy solutions for our na- ranking member, Mr. VISCLOSKY, for producing Committee’s preference for a legislative so- tion. The Department of Energy is pursuing a bill that should enjoy the support of every lution that extends beyond the Savannah other new technologies to meet future energy single member of this chamber. I am im- River site and are continuing to pursue a and environmental needs. These technologies pressed by the way in which Chairman HOB- consensus with all affected States on such will change how we use and produce energy. SON and Mr. VISCLOSKY worked together to legislation, the funds are crucial to allowing The DOE, with this Committee’s support, is produce the Energy and Water bill and you the clean up of the Savannah River tanks. pursuing a path towards making affordable, both should be congratulated for the bi-par- The Administration rejects the Commit- tisan way in which you wrote this bill. tee’s suggestion to reduce spending on the safe zero emission fuel cell vehicles. International Thermonuclear Experimental I am pleased that year after year this Com- This bill is certainly a good bill for my home Reactor in FY 2005, as well as its shift in mittee continues to recognize the incredible state of Idaho—and I want to thank the com- funding for the Gridwise and Gridworks pro- potential of fusion energy by providing a $12 mittee for that. But more importantly, this is a grams from the Office of Electric Trans- million dollar increase in funding for a total of good bill for the nation as a whole. It address- mission and Distribution (OETD) to the Of- $276 million in funding for the program—which es national and international needs by improv- fice of Energy Assurance. OETD was estab- will advance the vital work of the domestic fu- ing our nation’s water infrastructure, expand- lished to provide a single, focused organiza- sion community to prosper at sites such as ing our efforts to produce more energy for a tion to strengthen Federal leadership on growing economy, and protecting nuclear ma- electricity reliability. New Jersey’s Princeton Plasma Physics Lab- While we understand the need to restrain oratory. terials from falling into the hands of terrorists. expenses for departmental overhead, the The Committee also continues to address I fully support the Subcommittee’s efforts to funding reductions to the Department Ad- electricity reliability, of special importance to demand some accountability from the DOE ministration account in the House bill would the East Coast with last summer’s blackout. and the Russians regarding our efforts to help hinder the Secretary’s ability to manage the We’ve included funds for transmission reli- secure nuclear materials in the former Soviet Department. ability, research and development. Union. BUREAU OF RECLAMATION AND THE CENTRAL Since 1775 when the Continental Congress Spending money in Russia and the former UTAH PROJECT authorized the first Chief Engineer—whose Soviet Union to locate, identify and secure nu- The Administration appreciates the Com- first task it was to build fortifications near Bos- clear materials is clearly in our own national mittee’s support for fully funding the Water ton at Bunker Hill—the Army Corps of Engi- interest as well as the interests of the rest of 2025 Initiative and for directly funding the neers has grown to be the world’s largest pub- the world. However, as I have repeatedly Utah mitigation and conservation activities through the Central Utah Project rather lic engineering, design and construction man- pointed out to Russian officials, I cannot ex- than indirectly through the Western Area agement agency. plain to my constituents why we spend Amer- Power Administration. However, we urge the The Army Corps keeps our waterways open ican taxpayers’ money to secure nuclear ma- House to include the Administration’s pro- for business, prevents our communities from terials in Russia while at the same time Rus- posal to make a corresponding transfer of flooding and our beaches from eroding. sia is planning to cooperate with Iran in their

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.047 H25PT1 H5100 CONGRESSIONAL RECORD — HOUSE June 25, 2004 efforts to develop nuclear energy. In light of founders recognized the necessity of func- This important project will greatly improve recent IAEA statements regarding the lack of tioning ports and waterways to interstate and quality of life and enhance economic oppor- openness regarding Iran’s nuclear program— international commerce, so they gave the fed- tunity in my district. Over 100 rural families in Russia must reexamine its position vis-a-vis eral government the responsibility for main- southwest Minnesota are on a waiting list to Iran. taining the navigable waters of the United receive water from Lincoln-Pipestone Rural I also strongly support the Subcommittee’s States. Water (L–PRWS), one of the members of continued efforts to limit activities associated Without the proper resources, we will fall Lewis & Clark. Until the Lewis & Clark project with the development of a Robust Nuclear behind this Constitutional responsibility. in this area is completed, there will not be Earth Penetrator. Our nation clearly has many In particular, I wish to thank the Sub- enough water for these families. priorities regarding the management of our nu- committee of Energy and Water and its lead- clear stockpile without adding new nuclear ership for providing $24 million in construction Economic development will be enhanced by weapons to the list. general funding for the Houston-Galveston allowing communities to provide additional Finally, this bill fully funds the Federal gov- navigation channels and $14 million for oper- water to expanding industries and value-added ernment’s responsibility to cleanup nuclear ations and maintenance. agriculture, thereby preserving jobs, as well as sites across the nation—including in my home We will try to increase those numbers in attracting new industries. One community in state of Idaho. The bill rejects the DOE’s at- conference with the Senate, particularly the my district, Worthington, has actually had to tempt to wall off hundreds of millions of dollars operations and maintenance account, which if turn away inquiries from companies consid- in cleanup funding and provides sufficient di- left underfunded year after year will undermine ering locating their because of the lack of rection to ensure the DOE keeps its commit- the benefits of the investments we have made. water. This is a serious problem and I applaud ments to States like Idaho and Washington. I also wish to thank the Subcommittee for the dedication of those individuals who have Mr. Chairman, I will enthusiastically vote in including $750,000 in construction general worked long and hard to get this project going. favor of the Energy and Water Appropriations funding for Hunting Bayou and $340,000 in In the 108th Congress I have made the bill and urge my colleagues to do the same. General Investigations funding for Greens Lewis & Clark project a priority of mine and Ms. LEE. Mr. Chairman, I rise in support of Bayou. submitted a request for $35 million dollars. In- this bill. Both of these watersheds have experienced cluded in this appropriations bill is $17.5 mil- I would first like to thank the Chairman of major flooding over the past years and are lion for the Lewis & Clark project. While this the Subcommittee, Mr. HOBSON, and the crying out for investment to protect the hun- funding is less than the amount for which we dreds of thousands of residents and thou- Ranking Member, Mr. VISCLOSKY for their work had hoped, it is a good start, and I applaud sands of businesses in those areas. in putting together Energy and Water Appro- the President for making this a priority in his priations Bill. And finally, I want to note that while this bill budget request. I also want to thank both of them for includ- does not yet provide general investigations ing $35 million in the bill to continue funding funding to begin a study of a federal project Rural Minnesota, South Dakota, and Iowa the Port of Oakland’s 50-foot dredging project for Halls Bayou, a tributary of Greens Bayou, need the Lewis & Clark Rural Water Project in my district in California. that project is authorized as part of the Water and I am excited construction has begun. For As the fourth largest container port in the Resources Development Act of 1990. the sake of these communities I urge Con- country, the Port of Oakland serves as one of Also, there is a section of the pending gress to continue to make this project a pri- our premier international trade gateways to House Water Resources Development Act of ority. Asia and the Pacific Ocean. 2004 (H.R. 2557) that would reclassify Halls Mr. BARRETT of South Carolina. Mr. Chair- The 50 foot dredging project serves to un- Bayou as a section 211 reimbursement project man, as a Representative of the Savannah under the Water Resources Development Act derpin an $800 million expansion project fund- River Site located in South Carolina’s Third of 1996. ed by the Port that will improve the infrastruc- Congressional District, I rise today to voice my ture at Oakland by expanding capacity and in- Again, I thank the subcommittee, its leader- concerns regarding this bill. The Savannah creasing efficiencies throughout the distribu- ship, and particularly Congressman EDWARDS River Site (SRS) is South Carolina’s largest tion chain. of Texas for their fine work on this piece of single site employer, employing approximately Current projections indicated that at the con- legislation. I urge support of H.R. 4614. clusion of the project an additional 8,800 jobs Mr. GUTKNECHT. Mr. Chairman, as the 13,500 workers from around the southeast re- will be added, business revenue will increase House passes the FY2005 Energy and Water gion, and it serves a vital function to our na- by $1.9 billion, local tax revenues will go up by Development appropriations bill today, I would tion’s nuclear infrastructure. The Fiscal Year $55.5 million, and 100% of the dredging mate- like to draw attention to the Lewis & Clark 2005 Energy and Water Appropriations bill in rials will be reused for wetlands restoration, Rural Water project. While Minnesota has its current form potentially jeopardizes several habit enhancement, and upland use within the thousands of lakes, southwest Minnesota, in programs at the SRS including the waste inci- San Francisco Bay Area. my district, is described as the place the gla- dental to reprocessing, the Savannah River I’m glad that the Subcommittee understands ciers missed. In fact, Rock County the south- National Laboratory, the mixed-oxide fuel pro- the importance of this project, and I look for- western most county in Minnesota, it the only gram, and the modern pit facility. ward to continuing to work with the Chairman county in my home state that does not have While I strongly commend the Committee and Ranking Member to complete it. a single lake. for preventing the DOE from setting aside Mr. GREEN of Texas. Mr. Chairman, I rise To deal with this problem, sixteen commu- funding for their High-level Waste Proposal in strong support of the work that Chairman nities and five rural water systems joined to- pending the outcome of the waste incidental to HOBSON and Ranking Member VISCLOSKY gether in 1990 to create the non-profit Lewis reprocessing issue, I respectfully disagree with have done on this legislation. And as always, & Clark Rural Water System. This water sys- the Committee’s position regarding resolution my colleague Congressman CHET EDWARDS tem project, when completed, will cover an of that issue. Although efforts to agree in good from Texas has been a champion for the sig- area of 5,000 square miles in southwest Min- faith on comprehensive legislation to uniformly nificant port, harbor, and flood control needs nesota, northwest Iowa, and southeast South resolve the issue failed between the DOE, of the great state of Texas. Dakota. The twenty-one members of the Lewis Washington, Idaho, and South Carolina, other The House Subcommittee on Energy and & Clark Rural Water System serve a popu- alternative solutions should be pursued. For lation of over 200,000 people. Water has done the best they could with the example, state specific solutions should be inadequate allocation for energy and water Construction on the Lewis & Clark Rural supported so long as those states retain the projects that they have been given. This bill Water Project is underway and moving ahead. authority to ensure the DOE takes into consid- provides $4.8 billion for the Corps—$712 mil- The groundbreaking and first official construc- eration the state’s regulations upon implemen- lion (15%) more than requested and $252 mil- tion took place in August 2003. A large diame- tation of its nuclear cleanup program. lion (5%) more than this year’s level. ter casing and two wells have been installed Unfortunately the Administration does not and the first segment of pipe was installed on Moreover, failure to support agreements be- often agree on the necessity of investing in June 14, 2004. Another contract, for roughly tween each interested state and the DOE water infrastructure. $15 million, will be awarded in July. This con- places increased risk to each site’s sur- The Corps of Engineers’ work keeping our tract, using funds appropriated in FY2004, will rounding communities and imposes greater ports and harbors expanding and maintained complete the Raw Water Pipeline, which will costs to America’s taxpayers. I fear the longer is absolutely essential to our national econ- take the untreated water from the well fields to a delay occurs the longer period of time the omy. When crafting the U.S. Constitution our the water treatment plant. residual waste will be left in its liquid form,

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A25JN7.051 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5101 which poses a greater threat to the nearby riv- Furthermore, locating the MPF at the Sa- ized by law, surveys and detailed studies and ers that may serve as a water source for sur- vannah River site (SRS) is important for the plans and specifications of projects prior to rounding communities. If single state agree- country and the state of South Carolina. SRS construction, $149,000,000, to remain avail- ments would allow sufficient environmental re- able until expended: Provided, That for the is the most capable location for the mission Ohio Riverfront, Cincinnati, Ohio, project, mediation method to proceed in a safe man- because it has an excellent safety and secu- the cost of planning and design undertaken ner, it is unnecessary for our nation’s tax- rity record, all necessary infrastructure require- by non-Federal interests shall be credited to- payers to incur additional costs to research ments for any capacity size, and a proven and ward the non-Federal share of project design and develop new, unproven cleanup methods. successful history of plutonium operations. As costs: Provided further, That in conducting As a result, single state solutions, would pre- a result, locating the mission at SRS should the Southwest Valley Flood Damage Reduc- clude continued delay of processing waste save from $300 to over $500 million in tax- tion Study, Albuquerque, New Mexico, the stored at the affected sites, which would pre- payer funds. Also, the mission is estimated to Secretary of the Army, acting through the Chief of Engineers, shall include an evalua- vent undue additional risk and increased costs create 3,600 additional jobs in the private sec- to cleanup the sites. tion of flood damage reduction measures tor, which would partially offset SRS employ- that would otherwise be excluded from the I also respectfully disagree with the Commit- ment losses as it nuclear clean-up missions tee’s support for the DOE’s decision that the feasibility analysis based on policies regard- are completed. The SRS community has a ing the frequency of flooding, the drainage Salt Waste Processing Facility and the Salt long history of proudly serving our nation and areas, and the amount of runoff. Waste Process Facility Alternative are prohib- fully supports the MPF. As a result, I am POINT OF ORDER ited by the Idaho District Court ruling regard- hopeful the Committee will remove its objec- The CHAIRMAN. For what purpose ing waste incidental to reprocessing. On the tions to site selection as it conferences with does the gentleman from Tennessee contrary, the objectives of these facilities are the Senate on this bill. approximately a mirror image of the work rise? Mr. Chairman, while I support the interests Mr. DUNCAN. Mr. Chairman, I raise being conducted at the Defense Waste Proc- of my Congressional district, I understand the essing Facility, which has been processing nu- a point of order against the paragraph. The CHAIRMAN. The gentleman will clear waste for several years and continues to enormous responsibility this Committee must state his point of order. do so despite the outstanding waste incidental endure as it considered appropriations legisla- Mr. DUNCAN. Mr. Chairman, at the to reprocessing issue. By the Committee’s ze- tion for our nation’s energy programs. Al- request of the gentleman from Alaska roing out finding for these projects in FY05, though this bill does not fully provide the SRS the SRS community is greatly concerned with community with the resources the Administra- (Chairman YOUNG) and on behalf of the the future job outlook that these facilities are tion has requested, I do believe the Chairman Committee on Transportation and In- scheduled to provide in the near and long and the Committee are steadfastly working in frastructure I rise to raise a point of term. good faith to enhance our nation’s energy order against page 2 line 23 beginning With respect to the Committee’s position on problems, and I look forward to working with with ‘‘provided further’’ through page 3 the Savannah River National Laboratory, I un- the Chairman on future issues related to the line 5. derstand the Committee’s concern with the Savannah River Site and our nation. Let me say, first of all, that I want to level of consultation provided by the DOE re- Mr. VISCLOSKY. Mr. Chairman, I commend the gentleman from Ohio garding the designation of the Savannah River yield back the balance of my time. (Chairman HOBSON) and the gentleman National Laboratory. However, I am dis- Mr. HOBSON. Mr. Chairman, I yield from Indiana (Ranking Member VIS- appointed this bill fails to provide funding for back the balance of my time. CLOSKY) who have done such an out- one of nation’s premier science labs. I believe The CHAIRMAN pro tempore. All standing job on this legislation. But now is the time for our nation to show its com- time for general debate has expired. this provision, this particular provi- mitment to scientific research and develop- Pursuant to the rule, the bill shall be sion, violates clause 2 of rule 21. It di- ment at our national labs to encourage young considered for amendment under the 5- rects the Secretary of Army to include American professionals to enter a scientific minute rule. additional analysis in the southwest field that is increasingly losing many of Amer- During consideration of the bill for Valley Flood Damage Reduction Study ica’s best scientists to retirement. Our national amendment, the Chair may accord pri- and, therefore, constitutes legislating labs are a unique asset to our nation’s sci- ority in recognition to a Member offer- on an appropriations bill in violation of entific community and national security, and ing an amendment that he has printed House rules. unfortunately, limiting the number of labs limits in the designated place in the CONGRES- The CHAIRMAN. Does any other the opportunities we provide to America’s sci- SIONAL RECORD. Those amendments Member wish to be heard on the point entific youth. As a result, I strongly support will be considered read. of order? designation of the Savannah River Technology The Clerk will read. In that case, the Chair will rule. Center as our Nation’s 13th national labora- The Clerk read as follows: The Chair finds this provision in- tory. H.R. 4614 cludes language imparting direction to In regards to the mixed-oxide fuel program, Be it enacted by the Senate and House of Rep- the Secretary of the Army. The provi- the United States and Russia need to continue resentatives of the United States of America in sion therefore constitutes legislation to expedite negations over the program’s li- Congress assembled, That the following sums in violation of clause 2 of rule XXI. ability provisions, and I appreciate the Com- are appropriated, out of any money in the The point of order is sustained. The mittee’s consideration to restore the program’s Treasury not otherwise appropriated, for the provision is stricken from the bill. funding cuts should an agreement be reached fiscal year ending September 30, 2005, for en- The Clerk will read. ergy and water development, and for other The Clerk read as follows: in 2005. purposes, namely: Finally, I respectfully disagree with the Com- CONSTRUCTION GENERAL mittee’s decision to zero out funding for the TITLE I For expenses necessary for the prosecution modern pit facility (MPF), and to prohibit site DEPARTMENT OF DEFENSE—CIVIL of river and harbor, flood control, shore pro- selection from occurring in FY05. The MPF is DEPARTMENT OF THE ARMY tection, storm damage reduction, and related crucial to sustaining the integrity of the United CORPS OF ENGINEERS—CIVIL projects authorized by law; and for con- ducting detailed studies, and plans and speci- The following appropriations shall be ex- States nuclear deterrent for the foreseeable fications, of such projects (including those pended under the direction of the Secretary future. After 1989, the United States became for development with participation or under of the Army and the supervision of the Chief the only nuclear power without the ability to consideration for participation by States, of Engineers for authorized civil functions of manufacture plutonium pits for its nuclear local governments, or private groups) au- the Department of the Army pertaining to stockpile. Many of the weapons in our nuclear thorized or made eligible for selection by law rivers and harbors, flood control, shore pro- (but such detailed studies, and plans and stockpile have outlived their intended design tection, aquatic ecosystem restoration, and specifications, shall not constitute a com- life, and while the integrity of these weapons related purposes. is not currently in jeopardy, the potential risk mitment of the Government to construc- GENERAL INVESTIGATIONS for functional degradation of the plutonium pit tion); $1,876,680,000, to remain available until For expenses necessary for the collection expended, of which such sums as are nec- is too great not to take action. Therefore, I and study of basic information pertaining to essary to cover the Federal share of con- fully support the Administration’s efforts to de- rivers and harbors, flood control, shore pro- struction costs for facilities under the velop advanced nuclear concepts like the MPF tection, storm damage reduction, and related Dredged Material Disposal Facilities pro- to mitigate against the risk of being unable to projects, restudy of authorized projects, mis- gram shall be derived from the Harbor Main- maintain our current nuclear deterrent. cellaneous investigations, and, when author- tenance Trust Fund as authorized by Public

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.057 H25PT1 H5102 CONGRESSIONAL RECORD — HOUSE June 25, 2004 Law 104–303; and of which such sums as are be directed for the permanent bridge, with I am seeking to increase general necessary pursuant to Public Law 99–662 all remaining devoted to the Mini-Raise. project construction money in the shall be derived from the Inland Waterways FLOOD CONTROL,MISSISSIPPI RIVER AND amount of $20 million by increasing the Trust Fund for one-half of the costs of con- TRIBUTARIES,ARKANSAS,ILLINOIS,KEN- struction and rehabilitation of inland water- amount of savings in slippage. The $20 TUCKY,LOUISIANA,MISSISSIPPI,MISSOURI, million will help to address a federally ways projects (including the rehabilitation AND TENNESSEE created drinking water crisis caused by costs for Lock and Dam 11, Mississippi River, For expenses necessary for the flood dam- Iowa; Lock and Dam 19, Mississippi River, age reduction program for the Mississippi leaching from lead pipes installed by Iowa; Lock and Dam 24, Mississippi River, Il- River alluvial valley below Cape Girardeau, the U.S. Army Corps of Engineers more linois and Missouri; and Lock and Dam 3, Missouri, as authorized by law, $325,000,000, than 100 years ago amidst controversy Mississippi River, Minnesota): Provided, That to remain available until expended. that lead pipes were not safe even then. using $10,000,000 of the funds appropriated OPERATION AND MAINTENANCE, GENERAL EPA standards for lead in the drink- herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to For expenses necessary for the operation, ing water is 15 parts per billion, yet continue construction of the Dallas maintenance, and care of existing river and thousands of homes in this city have Floodway Extension, Texas, project, includ- harbor, flood and storm damage reduction, tested above this standard, hundreds ing the Cadillac Heights feature, generally in aquatic ecosystem restoration, and related above 300 parts per billion. The water accordance with the Chief of Engineers re- projects; for providing security for infra- crisis I am asking Congress to address, port dated December 7, 1999: Provided further, structure owned and operated by, or on be- half of, the United States Army Corps of En- however, not only affects people who That the Secretary of the Army is directed live here but 200,000 Federal employees to accept advance funds, pursuant to section gineers, including administrative buildings 11 of the River and Harbor Act of 1925, from and facilities, laboratories, and the Wash- in the Capitol, the Supreme Court, the the non-Federal sponsor of the Los Angeles ington Aqueduct; for the maintenance of White House and Federal office build- Harbor, California, project authorized by sec- harbor channels provided by a State, munici- ings and millions of tourists from tion 101(b)(5) of Public Law 106–541: Provided pality, or other public agency that serve es- throughout the country and world who further, That the Secretary of the Army, act- sential navigation needs of general com- come here. ing through the Chief of Engineers, is di- merce, where authorized by law; and for sur- Public health officials testified at a rected to proceed with the construction of veys and charting of northern and north- western lakes and connecting waters, clear- May 21 Committee on Government Re- the New York and New Jersey Harbor form hearing that lead contaminated project, 50-foot deepening element, upon exe- ing and straightening channels, and removal cution of the Project Cooperation Agree- of obstructions to navigation; $1,982,000,000, drinking water is dangerous for every- ment: Provided further, That no funds made to remain available until expended, of which one, but can be especially dangerous to available under this Act or any other Act for such sums as become available in the Harbor fetuses and young children under the any fiscal year may be used by the Secretary Maintenance Trust Fund, pursuant to Public age of 6, hindering their brain develop- of the Army to carry out the construction of Law 99–662, may be derived from that fund; ment and lowering their IQs. Yet, preg- the Port Jersey element of the New York of which such sums as become available from the special account for the United States nant women and young children drank and New Jersey Harbor or reimbursement to the water here not knowing about dan- the Local Sponsor for the construction of the Army Corps of Engineers established by the Port Jersey element until commitments for Land and Water Conservation Act of 1965, as gerous levels of lead. At the hearing a construction of container handling facilities amended (16 U.S.C. 460l–6a(i)), may be de- mother, Katherine Funk, testified that are obtained from the non-Federal sponsor rived from that account for resource protec- she unknowingly drank lead contami- for a second user along the Port Jersey ele- tion, research, interpretation, and mainte- nated water throughout her entire ment: Provided further, That the Secretary of nance activities related to resource protec- pregnancy. the Army, acting through the Chief of Engi- tion in the areas at which outdoor recreation I support what we are spending to neers, is directed to use $6,000,000 of the is available; and of which such sums as be- come available under section 217 of the provide safe drinking water for the in- funds appropriated herein to proceed with nocent people of Iraq. Today I am re- planning, engineering, design or construc- Water Resources Development Act of 1996, tion of the Grundy, Buchanan County, and Public Law 104–303, shall be used to cover the questing a mere $20 million to begin Dickenson County, Virginia, elements of the cost of operation and maintenance of the the process here in the Nation’s Cap- Levisa and Tug Forks of the Big Sandy River dredged material disposal facilities for which ital. The $20 million will help replace and Upper Cumberland River Project: Pro- fees have been collected: Provided, That the lead lines. The lion’s share is being vided further, That the Secretary of the Secretary of the Army, acting through the borne locally, but some contribution Army, acting through the Chief of Engineers, Chief of Engineers, is directed to use funds from the Federal Government to re- appropriated herein to rehabilitate the exist- is directed to use funds appropriated for the duce this crisis is particularly appro- navigation project, Tampa Harbor, Florida, ing dredged material disposal site for the to carry out, as part of the project, construc- project for navigation, Bodega Bay Harbor, priate. tion of passing lanes in an area approxi- California, and to continue maintenance The lead water crisis emanates from mately 3.5 miles long, centered on Tampa dredging of the Federal channel: Provided the decision of the U.S. Army Corps of Bay Cut B, if the Secretary determines that further, That the Secretary shall make suit- Engineers to build the District’s water such construction is technically sound, envi- able material excavated from the site as part infrastructure system using lead pipes ronmentally acceptable, and cost effective: of the rehabilitation effort available to the more than 100 years ago. And that was Provided further, That using $500,000 of the non-Federal sponsor, at no cost to the Fed- so controversial then. I will insert into funds appropriated herein, the Secretary of eral Government, for use by the non-Federal the RECORD two articles from the the Army, acting through the Chief of Engi- sponsor in the development of public facili- neers, is authorized and directed to plan, de- ties. Washington Post of 1893 and 1895 dis- sign, and initiate reconstruction of the Cape AMENDMENT NO. 4 OFFERED BY MS. NORTON cussing the controversy. Also discussed Girardeau, Missouri, project, originally au- Ms. NORTON. Mr. Chairman, I offer there is the role that the Army Corps thorized by the Flood Control Act of 1950, at an amendment. of Engineers played in constructing an estimated total cost of $9,000,000, with The CHAIRMAN. The Clerk will des- these pipes. cost sharing on the same basis as cost shar- ignate the amendment. The articles point out that the Army ing for the project as originally authorized, The text of the amendment is as fol- Corps knew of the health dangers of if the Secretary determines that the recon- lows: lead pipes that carried the District’s struction is technically sound and environ- drinking water but chose to use them mentally acceptable: Provided further, That Amendment No. 4 offered by Ms. NORTON: the planned reconstruction shall be based on Page 3, line 17, after the dollar amount in- anyway. the most cost-effective engineering solution sert the following: ‘‘(increased by $20,000,000) The Federal Government’s role in and shall require no further economic jus- (reduced by $20,000,000)’’. providing water here goes beyond the tification: Provided further, That the Sec- (Ms. NORTON asked and was given pipes to the treatment of water itself. retary of the Army, acting through the Chief permission to revise and extend her re- The Army Corps also built and still of Engineers, is directed to proceed without marks.) runs the Washington aqueduct which further delay with work on the permanent Ms. NORTON. Mr. Chairman, my treats the water supply for the district bridge to replace Folsom Bridge Dam Road, amendment addresses a crisis that af- and parts of northern Virginia. Folsom, California, as authorized by the En- fects Members of Congress and all who The Committee on Government Re- ergy and Water Development Appropriations Act, 2004 (Public Law 108–137), and, of the live and work here resulting from a form hearing heard testimony from sci- $8,000,000 available for the American River public health advisory regarding lead entific experts that the switch in Watershed (Folsom Dam Mini-Raise), Cali- in the drinking water in the Nation’s chemical treatment of the drinking fornia, project, up to $5,000,000 of those funds Capitol. water in 2000 at the aqueduct without

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.020 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5103 adequate testing is the likely cause of best that can be done. The only fine sand permanent basis in 1999. The authoriza- leaching of lead pipes into the drinking now available is that dredged off the foot of tion level has gone up to $33 million. water. Seventeenth Street. My concern is that we have over the The inspector deals also with the public With the Corps embedded in the cri- wells analyzed. There were found to be 96 last few years been backtracking in re- sis through lead lines and faulty chem- good ones, 41 suspicious, and 57 condemned. gards to the funding of this important ical treatment, the government should The most interesting part of the report program. assume at least some share of the re- deals with the investigation of the action of As co-chair of the bipartisan upper sponsibility. The amount being re- Potomac water on lead pipe, to determine if Mississippi river basin Congressional quested here will not and is not in- enough lead is dissolved by the water to be task force, I have worked with my col- tended to cover anything close to the injurious to public health. In order to have leagues from this five-State region to all conditions corresponding as near as pos- cost of replacing these lines, but it will sible with those of actual service, the inspec- build consensus about how best to pro- hasten the current replacement efforts tor had one new forty foot lead service pipe tect and restore the nationally signifi- being undertaken by the D.C. Water in Anacostia and fifty feet of new lead pipe cant and environmental treasures of and Sewer Authority. attached to the high service main at the U the upper Mississippi River. I certainly ask that the Federal Gov- street pumphouse. From the investigation I want to commend my colleagues ernment step up to its responsibility. the inspector concludes that the only great who are here today, the gentlewoman The residents of the District of Colum- source of danger is where the coating be- from Minnesota (Ms. MCCOLLUM) and bia have more than stepped up to their comes detached by a rapid flow of water my good friend, the gentleman from after the pipe had remained unused for some Missouri, Mr. HULSHOF, for their strong responsibility. This was done well be- time. He will continue the investigation. fore there was any home rule when the support for the EMP program and the Mr. HOBSON. Mr. Chairman, I rise in residents could have and did have no support we have had in the bipartisan opposition to the amendment. Mississippi River Caucus. affect upon it. Mr. Chairman, I share my colleague’s Earlier this year, 013 of us of the The water I am talking about is the concern about the lead in parts of the River Caucus wrote to the committee water that is on our rostrums every D.C. water system. However, I have to asking the committee to respect and time we go to committee hearing. We point out that such work is really not appropriate funds for EMP at the should do something to protect our- in the Corps of Engineers bailiwick. President’s budget request of $28 mil- selves, to protect Federal employees, They are not authorized and we do not lion. The committee, however, in this and to protect the residents of the Dis- include any new water project author- underlying report is only recom- trict of Columbia. ization in our bill at this time. Mr. Chairman, at this point, I will in- I should also note that the Corps is mending $16 million. The fear is we are backsliding on cur- sert the two articles I previously re- probably not the best agency to con- rent projects that are in the works that ferred to. duct this kind of work. The Corps’ role will delay the completion of these [From the Washington Post, June 9, 1893] in the water system for the District of projects by years. It will delay the im- LEAD PIPES UNSATISFACTORY Columbia is limited to operating the plementation of new identified habitat Capt. Powell, the Engineer Commissioner, water treatment plant. The Corps cur- restoration projects along the upper has determined that a substitute must be rently has no responsibility after the Mississippi River, along with the cru- found for lead pipes which, according to the water leaves the plant for the water cial long-term resource monitoring and present plumbing regulations, must be used distribution and supply lines are a dis- the data collection which helps us bet- in providing a water service for residences. trict responsibility and not that of the The general fear that such pipes might cause ter manage this important national Corps. lead poisoning under certain conditions treasure that we have in middle Amer- makes their general adoption in the District Therefore, regrettably, I mean this sincerely, I do not have any way to ica. a menace to the health of the people. The upper Mississippi and the entire really take care of this right now. This It has been shown that the chemical char- Mississippi River basin area is North acter of Potomac water causes such pipes to is a problem that the District has. At America’s largest migratory route for become coated on the inside with an insula- some point we ought to find a solution waterfowl. It is the primary drinking tion of carbonate of lime, soda, and clay, to help the District solve this problem. source for 33 million Americans. It held in solution in the water. This coating, it I just do not have the tools at this time has been argued, is a sure protection from adds countless billions of dollars to our to do that. Therefore, I must oppose danger of lead poisoning, but the engineer regional economy through industry the amendment. department has decided that it is too slight and companies and farmers with the a safeguard. It is probable that the city’s The CHAIRMAN. The question is on the amendment offered by the gentle- commercial navigation that is avail- supply of water will be filtered at some fu- able along the Mississippi, not to men- ture day, as sand filtration of drinking water woman from the District of Columbia has been adopted in many large cities abroad (Ms. NORTON). tion a $6 billion tourism impact on the and is rapidly becoming popular. The question was taken; and the upper area and close to $2 billion recre- Just what effect the filtered water may Chairman announced that the noes ap- ation impact in the upper Mississippi have in the coating of lead pipes has not peared to have it. River area. been determined. The fact that iron pipes be- Ms. NORTON. Mr. Chairman, I de- And we have always recognized the come thickly rusted on the inside, which mand a recorded vote. legislation that has preceded us today causes a material loss of water pressure, The CHAIRMAN. Pursuant to clause that this is a multi-use river system makes their use unsatisfactory. Yesterday between commercial navigation, which Capt. Derby, in charge of the division of 6 of rule XVIII, further proceedings on water and sewers, examined the first sub- the amendment offered by the gentle- has existed in the past since the 1930s stitute for lead pipe that has been presented woman from the District of Columbia when the lock and dam system was cre- since the investigation began. It was what is (Ms. NORTON) will be postponed. ated to harness the power of the river, known as the improved Bower-Barff process, Mr. KIND. Mr. Chairman, I move to to the recreation and the tourist im- being a steel pipe coated inside and out with strike the last word. pact. black oxide of iron. Capt. Derby reported it Mr. Chairman, based on previous con- The EMP program was established in was ‘‘worth experimenting with,’’ and tests versations and the agreement I had the 1980s recognizing the need to main- of the pipe will be commenced at once. Sev- with the Chair and the ranking mem- tain that important balance along the eral other styles of pipe are to be examined. ber of the committee, I was offering river between the infrastructure needs [From the Washington Post, Sept. 15, 1895] this amendment with the intent to ask that are ongoing, but also the habitat unanimous consent to withdraw and restoration and long-term resource POTOMAC WATER AND LEAD PIPE continue working with them and with monitoring that the EMP program cur- A.W. Dow, inspector of asphalt and ce- the conferees in regards to a very im- rently does. But, unfortunately, again, ments, yesterday made his report to the En- gineer Commissioner. In it he says consider- portant program that affects the upper we have had backsliding over the last able change has been made in the past year Mississippi river basin, the Environ- few years in regards to the commit- in asphalt pavement by the addition of a fine mental Management Program. ment of the program. sand to a sand similar to that formerly used. It is an authorized program that first Fortunately, the administration sees Under the present circumstances this is the passed in 1986. It was reauthorized on a it a little bit differently. Based on a

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.050 H25PT1 H5104 CONGRESSIONAL RECORD — HOUSE June 25, 2004 letter that I wrote to the administra- upper Mississippi River basin. Despite, REGULATORY PROGRAM tion requesting funding earlier this quite frankly, the recent core budgets For expenses necessary for administration year, the President responded to my re- that have made this task extremely of laws pertaining to regulation of navigable quest by a letter dated April 20, and I challenging, it is critical that adequate waters and wetlands, $140,000,000, to remain quote, ‘‘As you know, the President funding be provided to support a mul- available until expended. submitted his 2005 budget on February tiple-use river, as the gentleman from FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 2004. I am pleased to say that the budg- Wisconsin spoke of. et identifies EMP as one of the eight Whether it is the Environmental For expenses necessary to clean up con- tamination at sites in the United States re- highest priority Army Corps of Engi- Management Plan that he spoke of to sulting from work performed as part of the neer construction projects in the Na- the navigation study and a comprehen- Nation’s early atomic energy program, tion and proposes $28 million in fund- sive plan for flood control and flood- $190,000,000, to remain available until ex- ing for it an increase of $9 million or 47 plain management, the Mississippi pended. percent from the previous fiscal year.’’ River does, in fact, have diverse uses GENERAL EXPENSES The point is, this has received wide and, accordingly, diverse needs. For expenses necessary for general admin- bipartisan support, support from the Again, I applaud the chairman and istration and related civil works functions in governors and the five States of Wis- the subcommittee who have worked the headquarters of the United States Army consin, Minnesota, Iowa, Illinois, and with our office and our constituents to Corps of Engineers, the offices of the Divi- Missouri, that have supported this make a difference in the basin. In fact, sion Engineers, the Humphreys Engineer project. Various groups that are con- Center Support Activity, the Institute for I know that the chairman has logged Water Resources, the United States Army cerned about river management issues thousands of miles personally to in- Engineer Research and Development Center, are very supportive of the environ- spect and view many of the civil works and the United States Army Corps of Engi- mental management program. The projects around the country, and I neers Finance Center, $167,000,000, to remain Corps of Engineers has had a would be remiss if I did not extend a available until expended: Provided, That no multiyear, multimillion dollar naviga- personal invitation to the gentleman part of any other appropriation provided in tion study that they have initially re- to come to Missouri and to see the title I of this Act shall be available to fund the activities of the Office of the Chief of En- leased a preliminary report upon ask- upper Mississippi and especially the ing in part for $5.3 billion ecosystem gineers or the executive direction and man- locks and dams as the previous chair- agement activities of the division offices: management project to go along with a man did some years ago. Provided further, That none of these funds proposed lock and dam expansion In fact, it was on that visit that we shall be available to support an office of con- project. had a chance to view from the air some gressional affairs within the executive office In light of where we seem to be head- of the true benefits of the Environ- of the Chief of Engineers. ing in regards to the river management mental Management Plan specifically, OFFICE OF ASSISTANT SECRETARY OF THE issues, we would hope we could get and it really gave me a sense of a ARMY (CIVIL WORKS) more support for the funding of a pro- greater appreciation for what the Corps For expenses necessary for the Office of As- gram that has proven itself year in and of Engineers was doing with the EMP. sistant Secretary of the Army (Civil Works), year out with wide bipartisan support, as authorized by 10 U.S.C. 3016(b)(3), Already hundreds of acres of prime $2,600,000. with tangible results that we see along wetlands have been reclaimed, critical ADMINISTRATIVE PROVISIONS the upper Mississippi River, something back waters have been restored, habi- that thousands of people will see in the Appropriations in this title shall be avail- tats are thriving. We are helping to able for official reception and representation coming week as the 1854 grand excur- promote flood control throughout the sion is recreated with a grand flotilla expenses (not to exceed $5,000); and during region, and we know too often, I think, the current fiscal year the Revolving Fund, going up the Mississippi and finally the Corps of Engineers receives only Corps of Engineers, shall be available for ending up, I believe, in the district of barbs for its environmental record; but purchase (not to exceed 100 for replacement the gentlewoman from Minnesota (Ms. I think its successes in the EMP, which only) and hire of passenger motor vehicles. MCCOLLUM) for a 4th of July celebra- has really only been limited by funding GENERAL PROVISIONS tion. issues, are indeed worthy of praise. CORPS OF ENGINEERS—CIVIL b 1145 So accordingly, I support the bipar- SEC. 101. Agreements proposed for execu- The river has played an incredibly tisan efforts of the gentleman from tion by the Assistant Secretary of the Army for Civil Works or the United States Army Wisconsin (Mr. KIND), my friend, as important role in the development of Corps of Engineers after the date of the en- middle America, the Great Plains well as the gentleman from Ohio (Mr. actment of this Act pursuant to section 4 of States, and the upper Midwest gen- HOBSON), to achieve this balanced ap- the Rivers and Harbor Act of 1915 (P.L. 64– erally. From the exposure it received proach to the management of one of 291); section 11 of the River and Harbor Act in 1854 with the Grand Excursion to the our Nation’s greatest natural re- of 1925 (P.L. 68–585); the Civil Functions Ap- great American novels that Mark sources, the mighty Mississippi. propriations Act, 1936 (P.L. 75–208); section Twain wrote of two kids growing up on WITHDRAWAL OF REQUEST FOR RECORDED VOTE 215 of the Flood Control, Act of 1968, as the Mississippi, Tom Sawyer and Huck ON AMENDMENT NO. 4 OFFERED BY MS. NORTON amended (P.L. 90–483); sections 104, 203, and Ms. NORTON. Mr. Chairman, after 204 of the Water Resources Development Act Finn, to the ongoing uses of the river, of 1986, as amended (P.L. 99–662); section 206 we believe we need to do a better job of speaking with the distinguished chair- of the Water Resources Development Act of funding the EMP; and hopefully with man concerning matters involving lead 1992, as amended (P.L. 102–580); section 211 of the leadership’s cooperation, we can in the water that are transpiring in the the Water Resources Development Act of accomplish that in conference. other body, I think a vote is unneces- 1996 (P.L. 104–303); and any other specific Mr. HULSHOF. Mr. Chairman, I sary. I ask unanimous consent to with- project authority, shall be limited to credits move to strike the last word. draw my request for a vote. and reimbursements per project not to ex- (Mr. HULSHOF asked and was given The CHAIRMAN. The gentlewoman ceed $10,000,000 in each fiscal year, and total permission to revise and extend his re- withdraws her request. Accordingly, credits and reimbursements for all applica- marks.) the noes have it, and the amendment is ble projects not to exceed $50,000,000 in each fiscal year. Mr. HULSHOF. Mr. Chairman, I want not agreed to. SEC. 102. None of the funds appropriated in to, first of all, say thank you to my Mr. HOBSON. Mr. Chairman, I ask this or any other Act may be used by the friend for his kind words and the work unanimous consent that the remainder United States Army Corps of Engineers to that he has done on the upper Mis- of the bill through title II be consid- support activities related to the proposed sissippi; and, two, the chairman of the ered as read, printed in the RECORD and Ridge Landfill in Tuscarawas County, Ohio. subcommittee during general debate, open to amendment at any point. SEC. 103. None of the funds appropriated in the chairman talked about trying to The CHAIRMAN. Is there objection this or any other Act shall be used to dem- onstrate or implement any plans divesting or find a balanced approach, and I applaud to the request of the gentleman from transferring any Civil Works missions, func- that; and I think the underlying bill Ohio? tions, or responsibilities of the United States does just that. There was no objection. Army Corps of Engineers to other govern- We certainly appreciate trying to The text of the remainder of the bill ment agencies without specific direction in a fund the critical programs through the through title II is as follows: subsequent Act of Congress.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.053 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5105

SEC. 104. None of the funds appropriated in BUREAU OF RECLAMATION budgeted as policy and administration ex- this or any other Act may be used by the The following appropriations shall be ex- penses. United States Army Corps of Engineers to pended to execute authorized functions of ADMINISTRATIVE PROVISION support activities related to the proposed In- the Bureau of Reclamation: Appropriations for the Bureau of Reclama- dian Run Sanitary Landfill in Sandy Town- WATER AND RELATED RESOURCES tion shall be available for purchase of not to ship, Stark County, Ohio. (INCLUDING TRANSFER OF FUNDS) exceed 14 passenger motor vehicles, of which SEC. 105. ALAMOGORDO, NEW MEXICO. The 11 are for replacement only. project for flood protection at Alamogordo, For management, development, and res- New Mexico, authorized by the Flood Control toration of water and related natural re- GENERAL PROVISIONS Act of 1962 (P.L. 87–874), is modified to au- sources and for related activities, including DEPARTMENT OF THE INTERIOR the operation, maintenance, and rehabilita- thorize and direct the Secretary to construct SEC. 201. (a) None of the funds appropriated tion of reclamation and other facilities, par- a flood detention basin to protect the north or otherwise made available by this Act may ticipation in fulfilling related Federal re- side of the City of Alamogordo, New Mexico, be used to determine the final point of dis- sponsibilities to Native Americans, and re- from flooding. The flood detention basin charge for the interceptor drain for the San lated grants to, and cooperative and other shall be constructed to provide protection Luis Unit until development by the Sec- agreements with, State and local govern- from a 100-year flood event. The project cost retary of the Interior and the State of Cali- ments, Indian tribes, and others, $860,000,000, share for the flood detention basin shall be fornia of a plan, which shall conform to the to remain available until expended, of which consistent with section 103(a) of the Water water quality standards of the State of Cali- $53,299,000 shall be available for transfer to Resources Development Act of 1986, notwith- fornia as approved by the Administrator of the Upper Colorado River Basin Fund and standing section 202(a) of the Water Re- the Environmental Protection Agency, to $33,794,000 shall be available for transfer to sources Development Act of 1996. minimize any detrimental effect of the San the Lower Colorado River Basin Develop- SEC. 106. Section 214(a) of Public Law 106– Luis drainage waters. 541 is amended by striking ‘‘2003’’ and insert- ment Fund; of which such amounts as may (b) The costs of the Kesterson Reservoir ing ‘‘2007’’. be necessary may be advanced to the Colo- Cleanup Program and the costs of the San rado River Dam Fund; and of which not more SEC. 107. FLOOD DAMAGE REDUCTION, MILL Joaquin Valley Drainage Program shall be than $500,000 is for high priority projects CREEK, CINCINNATI, OHIO. The Secretary of classified by the Secretary of the Interior as the Army is directed to complete the Gen- which shall be carried out by the Youth Con- reimbursable or nonreimbursable and col- eral Reevaluation Report on the Mill Creek, servation Corps, as authorized by 16 U.S.C. lected until fully repaid pursuant to the Ohio, project not later than March 1, 2005, at 1706: Provided, That such transfers may be in- ‘‘Cleanup Program-Alternative Repayment 100 percent Federal cost. The report shall creased or decreased within the overall ap- Plan’’ and the ‘‘SJVDP-Alternative Repay- provide plans for flood damage reduction propriation under this heading: Provided fur- ment Plan’’ described in the report entitled throughout the basin equivalent to and com- ther, That of the total appropriated, the ‘‘Repayment Report, Kesterson Reservoir mensurate with that afforded by the author- amount for program activities can be fi- Cleanup Program and San Joaquin Valley ized, partially implemented, Mill Creek, nanced by the Reclamation Fund or the Bu- Drainage Program, February 1995’’, prepared Ohio, Flood Damage Reduction Project, as reau of Reclamation special fee account es- by the Department of the Interior, Bureau of authorized in section 201 of the Flood Con- tablished by 16 U.S.C. 460l–6a(i) shall be de- Reclamation. Any future obligations of funds trol Act of 1970 (P.L. 91–611). rived from that Fund or account: Provided by the United States relating to, or pro- further, That funds contributed under 43 SEC. 108. The Secretary shall provide credit viding for, drainage service or drainage stud- to the non-Federal sponsor for U.S.C. 395 are available until expended for ies for the San Luis Unit shall be fully reim- preconstruction engineering and design work the purposes for which contributed: Provided bursable by San Luis Unit beneficiaries of performed by the non-Federal sponsor for the further, That funds advanced under 43 U.S.C. such service or studies pursuant to Federal environmental dredging project at Ashtabula 397a shall be credited to this account and are reclamation law. available until expended for the same pur- River, Ohio, prior to execution of a Project SEC. 202. None of the funds appropriated or Cooperation Agreement. poses as the sums appropriated under this otherwise made available by this or any heading: Provided further, That funds avail- SEC. 109. The Secretary of the Army, act- other Act may be used to pay the salaries ing through the Chief of Engineers, is di- able for expenditure for the Departmental Ir- and expenses of personnel to purchase or rected to design the Central Riverfront Park rigation Drainage Program may be expended lease water in the Middle Rio Grande or the project on the Ohio Riverfront in Cincinnati, by the Bureau of Reclamation for site reme- Carlsbad Projects in New Mexico unless said Ohio, as described in the Central Riverfront diation on a non-reimbursable basis: Provided purchase or lease is in compliance with the Park Master Plan performed by the City of further, That section 301 of Public Law 102– purchase requirements of section 202 of Pub- Cincinnati, dated December 1999, and the 250, the Reclamation States Emergency lic Law 106–60. Section 905(b) analysis, performed by the Drought Relief Act of 1991, as amended, is amended further by inserting ‘‘2004, and The CHAIRMAN. Are there points of Louisville District of the Corps of Engineers, order against that portion of the bill? dated August 2002. The cost of project work 2005’’ in lieu of ‘‘and 2004’’. undertaken by the non-Federal interests, in- CENTRAL VALLEY PROJECT RESTORATION POINTS OF ORDER cluding but not limited to prior and current FUND Mr. DUNCAN. Mr. Chairman, once planning and design, shall be credited toward For carrying out the programs, projects, again, I will say that I certainly com- the non-Federal share of design costs. plans, and habitat restoration, improvement, mend the gentleman from Ohio (Chair- SEC. 110. Amounts in the revolving fund and acquisition provisions of the Central man HOBSON) and his staff for the fine may not be used for the Dredge MCFAR- Valley Project Improvement Act, $54,695,000, work they have done on this bill, but I to be derived from such sums as may be col- LAND overhaul, the replacement of the side- do have six points of order that I am casting propulsion system of the Dredge lected in the Central Valley Project Restora- MERRITT, the pontoon pipeline replacement tion Fund pursuant to sections 3407(d), required to raise at this time. of the Dredge JADWIN, the bow discharge re- 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law The CHAIRMAN. The gentleman will placement and repowering for the Dredge 102–575, to remain available until expended: state his points of order. ESSAYONS, the repowering of the Dredge Provided, That the Bureau of Reclamation is Mr. DUNCAN. Mr. Chairman, I raise YAQUINA, or the floating pipeline replace- directed to assess and collect the full a point of order against section 105. ment for the Dredge POTTER. amount of the additional mitigation and res- This section violates clause 2 of rule TITLE II toration payments authorized by section XXI. It changes existing law and, 3407(d) of Public Law 102–575: Provided fur- therefore, constitutes legislating on an DEPARTMENT OF THE INTERIOR ther, That none of the funds made available CENTRAL UTAH PROJECT under this heading may be used for the ac- appropriations bill in violation of CENTRAL UTAH PROJECT COMPLETION quisition or leasing of water for in-stream House rules. ACCOUNT purposes if the water is already committed The CHAIRMAN. Does any Member For carrying out activities authorized by to in-stream purposes by a court-adopted de- wish to be heard on the point of order? the Central Utah Project Completion Act, cree or order. Hearing none, the Chair finds that $48,009,000 to remain available until ex- POLICY AND ADMINISTRATION this provision directly modifies an ex- pended, of which $15,469,000 shall be deposited For necessary expenses of policy, adminis- isting flood project. The provision, into the Utah Reclamation Mitigation and tration, and related functions in the office of therefore, constitutes legislation in Conservation Account for use by the Utah the Commissioner, the Denver office, and of- violation of clause 2 of rule XXI. The Reclamation Mitigation and Conservation fices in the five regions of the Bureau of Rec- point of order is sustained. The provi- Commission. lamation, to remain available until ex- sion is stricken from the bill. In addition, for necessary expenses in- pended, $58,153,000, to be derived from the curred in carrying out related responsibil- Reclamation Fund and be nonreimbursable Mr. DUNCAN. Mr. Chairman, I raise ities of the Secretary of the Interior, as provided in 43 U.S.C. 377: Provided, That no a point of order against section 106. $1,734,000, to remain available until ex- part of any other appropriation in this Act This provision violates clause 2 of rule pended. shall be available for activities or functions XXI. It changes existing law and,

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.022 H25PT1 H5106 CONGRESSIONAL RECORD — HOUSE June 25, 2004 therefore, constitutes legislating on an 2 of rule XXI. It prohibits amounts in $817,126,000, to remain available until ex- appropriation bill in violation of House the Corps of Engineers revolving fund pended. rules. from being used for certain mainte- AMENDMENT NO. 5 OFFERED BY MR. SANDERS The CHAIRMAN. Does any Member nance work on corps dredges. It limits Mr. SANDERS. Mr. Chairman, I offer wish to be recognized on the point of the use of funds not made available in an amendment. order? If not, the Chair will rule. this bill and, therefore, constitutes leg- The CHAIRMAN. The Clerk will des- The Chair finds that this provision islating on an appropriations bill in ignate the amendment. directly amends existing law. The pro- violation of House rules. The text of the amendment is as fol- vision, therefore, constitutes legisla- The CHAIRMAN. Does any other lows: tion in violation of clause 2 of rule Member wish to address the point of Amendment No. 5 offered by Mr. SANDERS: XXI. The point of order is sustained. order? If not, the Chair is prepared to Page 19, line 14, after the dollar amount, The provision is stricken from the bill. rule. insert the following: ‘‘(increased by Mr. DUNCAN. Mr. Chairman, I raise The Chair finds this provision ad- $30,000,000)’’. a point of order against section 107. dresses funds and other acts. The provi- Page 23, line 5, after the dollar amount, in- This provision violates clause 2 of rule sion, therefore, constitutes legislation sert the following: ‘‘(reduced by $30,000,000)’’. XXI. It establishes a deadline for com- in violation of clause 2, rule XXI. The Mr. HOBSON. Mr. Chairman, I ask pleting the general reevaluation report point of order is sustained. The provi- unanimous consent that debate on this for the Mill Creek, Ohio, project and sion is stricken from the bill. amendment and any amendments adds a planning requirement. This con- Are there any amendments to this thereto be limited to 24 minutes to be stitutes legislating on an appropria- portion of the bill? equally divided and controlled by the tions bill in violation of House rules. Ms. MCCOLLUM. Mr. Chairman, I proponent and myself, the opponent. The CHAIRMAN. Does any other move to strike the last word. The CHAIRMAN. Is there objection Member wish to be heard on the point Mr. Chairman, I would like today to to the request of the gentleman from of order? If not, the Chair will rule. rise in strong support for what the gen- Ohio? The Chair finds that this provision tleman from Wisconsin was so elo- There was no objection. includes language imparting direction quently up here speaking about before, The CHAIRMAN. The gentleman to the Secretary of the Army. The pro- the Environmental Management Pro- from Vermont (Mr. SANDERS) is recog- vision, therefore, constitutes legisla- gram. nized for 12 minutes. tion under clause 2 of rule XXI. There- This is a program that provides crit- Mr. SANDERS. Mr. Chairman, I yield fore, the point of order is sustained. ical resources to keep the Mississippi myself such time as I may consume. The provision is stricken from the bill. River healthy and enjoyable for all of Mr. Chairman, let me begin by Mr. DUNCAN. Mr. Chairman, I raise our citizens. The Mississippi River is a thanking the gentleman from Ohio a point of order against section 108. working river, and it is a river, which, (Chairman HOBSON) and the gentleman This provision violates clause 2 of rule when navigation takes place and from Indiana (Ranking Member VIS- XXI. It authorizes the Secretary to projects by the Army Corps are put in CLOSKY) for all of their hard work on provide certain credit to the non-Fed- effect for flood control projects, we this important legislation. eral sponsor for the project at Ash- quite often find ourselves with unin- The amendment that I am offering is tabula River, Ohio. It, therefore, con- tended consequences to the river’s cosponsored by the gentleman from stitutes legislating on an appropria- habitat. New York (Mr. HINCHEY) and the gen- tions bill in violation of House rules. Without additional funding, the river tleman from Oregon (Mr. DEFAZIO) and The CHAIRMAN. Does any Member habitat will continue to be lost and the gentlewoman from Ohio (Ms. KAP- wish to be heard on the point of order? hundreds of species that depend upon TUR). If not, the Chair is prepared to rule. the health of the river will struggle to Mr. Chairman, this amendment deals, The Chair finds this provision in- survive, but it is not just fish and wild- in fact, with one of the important cludes language imparting direction to life at stake. Millions of visitors spend issues of our time, and that is, whether the Secretary of the Army. The provi- annually billions of dollars on recre- the United States Government will sion, therefore, constitutes legislation ating along the Mississippi-Illinois riv- take the bold step to break our depend- in violation of clause 2, rule XXI. The ers supporting thousands of jobs. ency on fossil fuels, break our depend- point of order is sustained. The provi- The Mississippi River is also a source ency on nuclear power and move for- sion is stricken from the bill. of drinking water for millions of Amer- ward as aggressively as we can into the Mr. DUNCAN. Mr. Chairman, I raise icans. The Environmental Management new world of safe, clean, cost-effective, a point of order against section 109. Program is the Nation’s premier large- sustainable energy. This section violates clause 2 of rule river monitoring and restoration pro- The truth is that we have made some XXI. It directs the Corps of Engineers gram. It is a model for interagency and progress in recent years, but the truth to proceed to the design phase of the interstate cooperation on an equal sys- also is that we have a long, long way to Central Riverfront Project on the Ohio tem level national resources manage- go; and this amendment will help us riverfront in Cincinnati. This, there- ment. move in that direction. fore, constitutes legislating on an ap- This is a very important manage- Mr. Chairman, specifically, the legis- propriations bill in violation of House ment program; and as the committee lative intent of this amendment is to rules. moves forward, I would encourage it to increase funding for renewable energy The CHAIRMAN. Does any other look for any additional funding dollars. programs such as solar energy, wind, Member wish to address the point of The CHAIRMAN. The Clerk will read. biomass, clean hydrogen, and geo- order? If not, the Chair is prepared to The Clerk read as follows: thermal by $30 million, to be offset by rule. TITLE III a decrease of $30 million in funding for The Chair finds this provision in- DEPARTMENT OF ENERGY the nuclear weapons advance simula- cludes language imparting direction to ENERGY PROGRAMS tion and computing program in the the Secretary of the Army. The provi- ENERGY SUPPLY weapons activities budget. That offset, sion of the legislation is in violation of For Department of Energy expenses includ- by the way, is a decrease of less than 5 clause 2 of rule XXI. The point of order ing the purchase, construction, and acquisi- percent for this program and a tiny is sustained, and the provision is tion of plant and capital equipment, and fraction of the $6.5 billion for weapons stricken from the bill. other expenses necessary for energy supply that are funded in this bill. Mr. DUNCAN. Finally, Mr. Chair- activities in carrying out the purposes of the Mr. Chairman, this amendment man, once again, on behalf of the Com- Department of Energy Organization Act (42 would bolster critical research and de- mittee on Transportation and Infra- U.S.C. 7101 et seq.), including the acquisition velopment so that we can deliver un- or condemnation of any real property or any structure and the gentleman from facility or for plant or facility acquisition, limited clean energy for generations to Alaska (Chairman YOUNG), I raise a construction, or expansion, and the purchase come. Improving the technology for point of order against section 110. Mr. of not to exceed 9 passenger motor vehicles sustainable energy is a huge step for- Chairman, this section violates clause for replacement only, and one ambulance, ward in protecting our environment,

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.057 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5107 improving our economy and making In solar, we are making significant While I am supportive of the renew- this world a safer place so that our for- progress, but we are not funding solar able energy programs, there are many eign policy is not significantly dictated any more today than we did in 1993. In other areas of the bill I would have in- by energy needs. wind, we are making progress, making cluded additional funds, if possible. Mr. Chairman, this amendment is real efforts to lower the cost of gener- However, the committee’s allocation supported by every major environ- ating electricity from wind, but we are was tight and we had to make some mental organization in the country, in- not adequately funding wind. Biomass, tough decisions. I believe we wrote a cluding the League of Conservation in my State of Vermont, 23 schools are fair and balanced bill, and the renew- Voters, the Sierra Club, the Natural now heated with wood chips. We are able energy programs did very well. Resources Defense Council, American making progress. But everybody under- I might point out that I have already Rivers, U.S. PIRG and Public Citizen. stands we can do a lot more. Geo- taken a hard line in our committee Mr. Chairman, if one looks at the big thermal the same, hydrogen the same. with the nuclear weapons computer picture, it is clear that we are on the Mr. Chairman, this is a modest programs, and additional major reduc- cusp of a historic opportunity to move amendment, but it is an important step tions, I do not think, are helpful or from finite polluting fossil fuels to forward in telling the world that we necessary at this time. So I urge a abundant, nonpolluting, clean energy understand that a revolution can hap- ‘‘no’’ vote on the amendment. sources that can be developed, refined, pen in breaking our dependency on fos- Mr. Chairman, I yield back the bal- and manufactured here in the United sil fuels, on nuclear power, and moving ance of my time. States of America, not in the Mideast. forward to clean, safe, sustainable en- Mr. SANDERS. Mr. Chairman, I yield The potential for these technologies is ergy. myself such time as I may consume, without limits as long as we ade- Mr. Chairman, I reserve the balance and I will close in a minute by saying quately fund the research and develop- of my time. that what we are talking about here is ment now. Mr. HOBSON. Mr. Chairman, I yield 2 not a huge sum of money. It is $30 mil- The programs increased under this minutes to the gentlewoman from Cali- lion. And one can always argue that amendment, solar, wind, clean hydro- fornia (Mrs. TAUSCHER). where you take the money there is a gen, biomass and geothermal, offer our Mrs. TAUSCHER. Mr. Chairman, I reason for that money, and I respect country a new path of abundant clean must rise reluctantly to oppose this that. But I think the evidence is over- energy that will revolutionize our im- amendment. As an energy consumer whelming that we are on the cusp of pact on this planet. and a strong environmentalist, I fully major breakthroughs which can change support the increased development of b 1200 our entire use of energy in this country renewable sources of energy. Cali- and lead us and the entire world to Passage of this amendment would fornia, my State, has suffered tremen- move toward clean, sustainable energy send a message to the Nation that we dously in recent years from felonious and away from nuclear power, of which are going to take the right path, that manipulations, interruptions, and fluc- we do not know how to dispose of we are going to break from our de- tuations in the energy market. Increas- today, and away from fossil fuels, structive fossil fuel habits of the past ing the availability of renewable en- which are causing so many serious en- and commit to a sane, clean, and cost ergy is absolutely necessary to achiev- vironmental problems. effective energy future. When taken to- ing energy independence, and that is So this amendment is not just a $30 gether, the funding for renewable en- why this House should have passed a million amendment, but I think it is an ergy sources in this bill falls $31.6 mil- more balanced energy bill that makes indication of the sentiment of this Con- lion below the President’s own request. the right investments in renewable en- gress to tell the American people and So this amendment for $30 million sim- ergy and resources. the world that we are prepared to go ply brings us up to what the President Unfortunately, Mr. Chairman, this forward in a bold new way with huge wants, which is, by no means, a radical amendment would take needed money potential, and so I would urge support concept. away from the Advanced Simulation for this amendment. Certainly we can add a modest and Computing Initiative, better Mr. MARKEY. Mr. Chairman, before I speak amount of money to research, develop, known as ASCI. ASCI is an essential in support of the Sanders amendment, I would discriminate and disseminate these component of our Nation’s Stockpile like to applaud the Chairman, Ranking Mem- technologies, which will prevent smog, Stewardship Program, which is de- ber and all the members of the subcommittee acid rain, and global climate change. signed to evaluate nuclear weapons so for their wise decision to eliminate all funding Certainly we can redirect a mere $30 we do not have to return to nuclear for new nuclear weapons initiatives, including million in a bill of over $28 billion to testing. The ASCI program has devel- the nuclear bunker buster, mini-nukes, the R&D that promises to dramatically re- oped some of the most powerful com- Modern Pit Facility, and accelerated nuclear duce lung damaging sulfur dioxide and puters in the world to examine the test readiness. The committee has taken a far- neurotoxic mercury in the air we aging of our nuclear stockpile. It has sighted and courageous step toward nuclear breathe and the water we drink. also led to breakthrough discoveries in sanity by eliminating funding for these waste- For those who might wonder whether science that have important civilian ful, dangerous and entirely unnecessary pro- we are already doing enough to support applications. grams, and this action will help restore Amer- renewable energy, let me put our Gov- The funding for ASCI in this bill is ica’s nonproliferation credibility around the ernment’s support for different energy already $75 million below the level re- world. sources in historic perspective. From quested by the President. Mr. Chair- The Sanders amendment would inject some 1943 through 1999, cumulative Federal man, while I strongly support in- of that same farsightedness into our allocation Government subsidies to nuclear pho- creased development of renewable en- of funding for energy research and develop- tovoltaic, solar thermal and wind elec- ergy resources, I cannot do it at fur- ment by increasing funding for solar, wind, tric generating technologies, excluding ther expense of the ASCI program. So I biomass, hydrogen and geothermal renewable hydropower, totaled about $151 billion. urge my colleagues to oppose the Sand- energy technology. The nuclear industry received $145 bil- ers amendment. President Bush’s Fiscal Year 2005 budget lion, or over 96 percent of the subsidies. Mr. HOBSON. Mr. Chairman, I yield request and this legislation take us backward, Remarkably, even the alternative myself such time as I may consume, not forward, in our national investment in the technology available today, which has and I rise to oppose the amendment to clean, renewable technologies that will power been subsidized at a fraction of the increase funding for the renewable en- us safely and reliably in the 21st century. In amount we have historically thrown at ergy program. Everything we did in the this legislation, renewable energy research nuclear power and fossil fuels, is com- major renewable accounts, with the ex- and development programs are either cut or petitive in the market and can elimi- ception of the hydrogen program, flat funded from last year. Mr. Sanders’ nate substantial amounts of toxins which were reduced because the De- amendment would ensure that we increase from the air. If it is competitive in the partment ignored congressional guid- funding for each of the renewable energy pro- marketplace today, let us think about ance on competition and cost sharing, grams next year, not cut them. what we can do if we adequately fund is at or above the President’s budget The amendment would shift $30 million from research. request. ‘‘Advanced Simulation and Computing’’ in the

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JN7.060 H25PT1 H5108 CONGRESSIONAL RECORD — HOUSE June 25, 2004 nuclear weapons activities program to five re- necessary expenses, $291,296,000, to remain ing the acquisition or condemnation of any newable energy programs. This cut of $30 mil- available until expended. real property or any facility or for plant or lion represents less than a five percent of the SCIENCE facility acquisition, construction, or expan- For Department of Energy expenses includ- sion, $1,348,647,000, to remain available until total $633 million budget for advanced simula- expended. tion and computing and would leave the pro- ing the purchase, construction and acquisi- NAVAL REACTORS gram with almost twice as much funding as tion of plant and capital equipment, and other expenses necessary for science activi- the total funding for solar and renewable en- For Department of Energy expenses nec- ties in carrying out the purposes of the De- essary for naval reactors activities to carry ergy research and development. partment of Energy Organization Act (42 out the Department of Energy Organization Renewable energy is good for America. It U.S.C. 7101 et seq.), including the acquisition Act (42 U.S.C. 7101 et seq.), including the ac- creates jobs. It lowers electricity prices. It or condemnation of any real property or fa- quisition (by purchase, condemnation, con- eliminates pollution and waste. It increases cility or for plant or facility acquisition, struction, or otherwise) of real property, our national energy security. But the appro- construction, or expansion, and purchase of plant, and capital equipment, facilities, and priation levels in front of us suggest that Con- not to exceed four passenger motor vehicles facility expansion, $807,900,000, to remain gress does not consider renewable energy im- for replacement only, including one ambu- available until expended. lance, $3,599,964,000, to remain available until portant. If my colleagues believe that renew- OFFICE OF THE ADMINISTRATOR expended. able energy is important, I urge them to sup- For necessary expenses of the Office of the DEPARTMENTAL ADMINISTRATION port the Sanders amendment so that funding Administrator in the National Nuclear Secu- for renewable energy programs can be in- For salaries and expenses of the Depart- rity Administration, including official recep- ment of Energy necessary for departmental tion and representation expenses (not to ex- creased, not cut, next year. administration in carrying out the purposes Mr. SANDERS. Mr. Chairman, I yield ceed $12,000), $356,200,000, to remain available of the Department of Energy Organization until expended. back the balance of my time. Act (42 U.S.C. 7101 et seq.), including the hire The CHAIRMAN. The question is on ENVIRONMENTAL AND OTHER DEFENSE of passenger motor vehicles and official re- ACTIVITIES the amendment offered by the gen- ception and representation expenses (not to DEFENSE SITE ACCELERATION COMPLETION tleman from Vermont (Mr. SANDERS). exceed $35,000), $243,876,000, to remain avail- The question was taken; and the able until expended, plus such additional For Department of Energy expenses, in- Chairman announced that the noes ap- amounts as necessary to cover increases in cluding the purchase, construction, and ac- peared to have it. the estimated amount of cost of work for quisition of plant and capital equipment and other expenses necessary for atomic energy Mr. SANDERS. Mr. Chairman, I de- others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): defense site acceleration completion activi- mand a recorded vote. Provided, That such increases in cost of work ties in carrying out the purposes of the De- The CHAIRMAN. Pursuant to clause are offset by revenue increases of the same partment of Energy Organization Act (42 6 of rule XVIII, further proceedings on or greater amount, to remain available until U.S.C. 7101 et seq.), including the acquisition the amendment offered by the gen- expended: Provided further, That moneys re- or condemnation of any real property or any tleman from Vermont (Mr. SANDERS) ceived by the Department for miscellaneous facility or for plant or facility acquisition, will be postponed. revenues estimated to total $122,000,000 in construction, or expansion, $5,930,837,000, to Mr. HOBSON. Mr. Chairman, I ask fiscal year 2005 may be retained and used for remain available until expended. unanimous consent the remainder of operating expenses within this account, and DEFENSE ENVIRONMENTAL SERVICES the bill through page 42, line 6 be con- may remain available until expended, as au- For Department of Energy expenses nec- thorized by section 201 of Public Law 95–238, essary for defense-related environmental sidered as read, printed in the RECORD notwithstanding the provisions of 31 U.S.C. and open to amendment at any point. services activities that indirectly support 3302: Provided further, That the sum herein the accelerated cleanup and closure mission The CHAIRMAN. Is there objection appropriated shall be reduced by the amount to the request of the gentleman from at environmental management sites, includ- of miscellaneous revenues received during ing the purchase, construction, and acquisi- Ohio? fiscal year 2005, and any related unappropri- tion of plant and capital equipment and There was no objection. ated receipt account balances remaining other necessary expenses, and the purchase The text of the remainder of the bill from prior years’ miscellaneous revenues, so of not to exceed three ambulances for re- through page 42, line 6 is as follows: as to result in a final fiscal year 2005 appro- placement only, $957,976,000, to remain avail- priation from the general fund estimated at NON-DEFENSE SITE ACCELERATION able until expended. not more than $121,876,000. COMPLETION OTHER DEFENSE ACTIVITIES OFFICE OF THE INSPECTOR GENERAL For Department of Energy expenses, in- For Department of Energy expenses, in- For necessary expenses of the Office of the cluding the purchase, construction, and ac- cluding the purchase, construction, and ac- Inspector General in carrying out the provi- quisition of plant and capital equipment and quisition of plant and capital equipment and sions of the Inspector General Act of 1978, as other expenses necessary for non-defense en- other expenses, necessary for atomic energy amended, $41,508,000, to remain available vironmental management site acceleration defense, other defense activities, and classi- until expended. completion activities in carrying out the fied activities, in carrying out the purposes purposes of the Department of Energy Orga- ATOMIC ENERGY DEFENSE ACTIVITIES of the Department of Energy Organization nization Act (42 U.S.C. 7101 et seq.), includ- NATIONAL NUCLEAR SECURITY Act (42 U.S.C. 7101 et seq.), including the ac- ing the acquisition or condemnation of any ADMINISTRATION quisition or condemnation of any real prop- real property or any facility or for plant or WEAPONS ACTIVITIES erty or any facility or for plant or facility facility acquisition, construction, or expan- For Department of Energy expenses, in- acquisition, construction, or expansion, sion, $151,850,000, to remain available until cluding the purchase, construction, and ac- $697,059,000, to remain available until ex- expended. quisition of plant and capital equipment and pended. URANIUM ENRICHMENT DECONTAMINATION AND other incidental expenses necessary for DEFENSE NUCLEAR WASTE DISPOSAL DECOMMISSIONING FUND atomic energy defense weapons activities in For nuclear waste disposal activities to For necessary expenses in carrying out carrying out the purposes of the Department carry out the purposes of Public Law 97–425, uranium enrichment facility decontamina- of Energy Organization Act (42 U.S.C. 7101 et as amended, including the acquisition of real tion and decommissioning, remedial actions, seq.), including the acquisition or condemna- property or facility construction or expan- and other activities of title II of the Atomic tion of any real property or any facility or sion, $131,000,000, to remain available until Energy Act of 1954, as amended, and title X, for plant or facility acquisition, construc- expended. subtitle A, of the Energy Policy Act of 1992, tion, or expansion; and the purchase of not POWER MARKETING ADMINISTRATIONS $500,200,000, to be derived from the Fund, to to exceed 19 passenger motor vehicles, for re- remain available until expended, of which placement only, including not to exceed two BONNEVILLE POWER ADMINISTRATION FUND $100,614,000 shall be available in accordance buses; $6,514,424,000 to remain available until Expenditures from the Bonneville Power with title X, subtitle A, of the Energy Policy expended. Administration Fund, established pursuant Act of 1992. DEFENSE NUCLEAR NONPROLIFERATION to Public Law 93–454, are approved for offi- cial reception and representation expenses in NON-DEFENSE ENVIRONMENTAL SERVICES For Department of Energy expenses, in- an amount not to exceed $1,500. During fiscal For Department of Energy expenses nec- cluding the purchase, construction and ac- year 2005, no new direct loan obligations may essary for non-defense environmental serv- quisition of plant and capital equipment and be made. ices activities that indirectly support the ac- other incidental expenses necessary for celerated cleanup and closure mission at en- atomic energy defense, defense nuclear non- OPERATION AND MAINTENANCE, SOUTHEASTERN vironmental management sites, including proliferation activities, in carrying out the POWER ADMINISTRATION the purchase, construction, and acquisition purposes of the Department of Energy Orga- For necessary expenses of operation and of plant and capital equipment and other nization Act (42 U.S.C. 7101 et seq.), includ- maintenance of power transmission facilities

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and of marketing electric power and energy, remain available until expended: Provided, SEC. 303. None of the funds appropriated by including transmission wheeling and ancil- That, notwithstanding any other provision this Act may be used to augment the funds lary services, pursuant to the provisions of of law, not to exceed $210,000,000 of revenues made available for obligation by this Act or section 5 of the Flood Control Act of 1944 (16 from fees and annual charges, and other any other appropriations Act for fiscal year U.S.C. 825s), as applied to the southeastern services and collections in fiscal year 2005 2005 or any previous fiscal year for severance power area, $5,200,000, to remain available shall be retained and used for necessary ex- payments and other benefits and community until expended: Provided, That, notwith- penses in this account, and shall remain assistance grants under section 3161 of the standing the provisions of 31 U.S.C. 3302, up available until expended: Provided further, National Defense Authorization Act for Fis- to $34,000,000 collected by the Southeastern That the sum herein appropriated from the cal Year 1993 (P.L. 102–484; 42 U.S.C. 7274h) Power Administration pursuant to the Flood general fund shall be reduced as revenues are unless the Department of Energy submits a Control Act of 1944 to recover purchase received during fiscal year 2005 so as to re- reprogramming request subject to approval power and wheeling expenses shall be cred- sult in a final fiscal year 2005 appropriation by the appropriate congressional commit- ited to this account as offsetting collections, from the general fund estimated at not more tees. to remain available until expended for the than $0. SEC. 304. None of the funds appropriated by sole purpose of making purchase power and GENERAL PROVISIONS this Act may be used to prepare or initiate wheeling expenditures. DEPARTMENT OF ENERGY Requests For Proposals (RFPs) for a pro- OPERATION AND MAINTENANCE, SEC. 301. (a)(1) None of the funds in this or gram if the program has not been funded by SOUTHWESTERN POWER ADMINISTRATION any other appropriations Act for fiscal year Congress. For necessary expenses of operation and 2005 or any previous fiscal year may be used (TRANSFERS OF UNEXPENDED BALANCES) maintenance of power transmission facilities to make payments for a noncompetitive SEC. 305. The unexpended balances of prior and of marketing electric power and energy, management and operating contract unless appropriations provided for activities in this for construction and acquisition of trans- the Secretary of Energy has published in the Act may be transferred to appropriation ac- mission lines, substations and appurtenant Federal Register and submitted to the Com- counts for such activities established pursu- facilities, and for administrative expenses, mittees on Appropriations of the House of ant to this title. Balances so transferred may including official reception and representa- Representatives and the Senate a written no- be merged with funds in the applicable estab- tification, with respect to each such con- tion expenses in an amount not to exceed lished accounts and thereafter may be ac- tract, of the Secretary’s decision to use com- $1,500 in carrying out the provisions of sec- counted for as one fund for the same time pe- petitive procedures for the award of the con- tion 5 of the Flood Control Act of 1944 (16 riod as originally enacted. tract, or to not renew the contract, when the U.S.C. 825s), as applied to the southwestern SEC. 306. None of the funds in this or any term of the contract expires. power area, $29,352,000, to remain available other Act for the Administrator of the Bon- (2) Paragraph (1) does not apply to an ex- neville Power Administration may be used to until expended: Provided, That, notwith- tension for up to two years of a noncompeti- standing the provisions of 31 U.S.C. 3302, up enter into any agreement to perform energy tive management and operating contract, if efficiency services outside the legally de- to $1,800,000 collected by the Southwestern the extension is for purposes of allowing fined Bonneville service territory, with the Power Administration pursuant to the Flood time to award competitively a new contract, exception of services provided internation- Control Act of 1944 to recover purchase to provide continuity of service between con- ally, including services provided on a reim- power and wheeling expenses shall be cred- tracts, or to complete a contract that will bursable basis, unless the Administrator cer- ited to this account as offsetting collections, not be renewed. to remain available until expended for the (b) In this section: tifies in advance that such services are not sole purpose of making purchase power and (1) The term ‘‘noncompetitive management available from private sector businesses. SEC. 307. When the Department of Energy wheeling expenditures. and operating contract’’ means a contract makes a user facility available to univer- CONSTRUCTION, REHABILITATION, OPERATION that was awarded more than 50 years ago sities or other potential users, or seeks input AND MAINTENANCE, WESTERN AREA POWER without competition for the management from universities or other potential users re- ADMINISTRATION and operation of Ames Laboratory, Argonne garding significant characteristics or equip- National Laboratory, Lawrence Berkeley Na- For carrying out the functions authorized ment in a user facility or a proposed user fa- tional Laboratory, Lawrence Livermore Na- by title III, section 302(a)(1)(E) of the Act of cility, the Department shall ensure broad tional Laboratory, and Los Alamos National August 4, 1977 (42 U.S.C. 7152), and other re- public notice of such availability or such Laboratory. lated activities including conservation and need for input to universities and other po- (2) The term ‘‘competitive procedures’’ has renewable resources programs as authorized, tential users. When the Department of En- the meaning provided in section 4 of the Of- including official reception and representa- ergy considers the participation of a univer- fice of Federal Procurement Policy Act (41 tion expenses in an amount not to exceed sity or other potential user as a formal part- U.S.C. 403) and includes procedures described $1,500, $173,100,000, to remain available until ner in the establishment or operation of a in section 303 of the Federal Property and expended, of which $170,756,000 shall be de- user facility, the Department shall employ Administrative Services Act of 1949 (41 rived from the Department of the Interior full and open competition in selecting such a U.S.C. 253) other than a procedure that solic- Reclamation Fund: Provided, That, notwith- partner. For purposes of this section, the standing the provisions of 31 U.S.C. 3302, up its a proposal from only one source. (c) For all management and operating con- term ‘‘user facility’’ includes, but is not lim- to $186,000,000 collected by the Western Area ited to: (1) a user facility as described in sec- Power Administration pursuant to the Flood tracts other than those listed in subsection (b)(1), none of the funds appropriated by this tion 2203(a)(2) of the Energy Policy Act of Control Act of 1944 and the Reclamation 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nu- Project Act of 1939 to recover purchase power Act may be used to award a management and operating contract, or award a significant clear Security Administration Defense Pro- and wheeling expenses shall be credited to grams Technology Deployment Center/User this account as offsetting collections, to re- extension or expansion to an existing man- agement and operating contract, unless such Facility; and (3) any other Departmental fa- main available until expended for the sole contract is awarded using competitive proce- cility designated by the Department as a purpose of making purchase power and dures or the Secretary of Energy grants, on user facility. wheeling expenditures. a case-by-case basis, a waiver to allow for SEC. 308. The Administrator of the Na- FALCON AND AMISTAD OPERATING AND such a deviation. The Secretary may not del- tional Nuclear Security Administration may MAINTENANCE FUND egate the authority to grant such a waiver. authorize the manager of a covered nuclear For operation, maintenance, and emer- At least 60 days before a contract award for weapons research, development, testing or gency costs for the hydroelectric facilities at which the Secretary intends to grant such a production facility to engage in research, de- the Falcon and Amistad Dams, $2,827,000, to waiver, the Secretary shall submit to the velopment, and demonstration activities remain available until expended, and to be Committees on Appropriations of the House with respect to the engineering and manu- derived from the Falcon and Amistad Oper- of Representatives and the Senate a report facturing capabilities at such facility in ating and Maintenance Fund of the Western notifying the Committees of the waiver and order to maintain and enhance such capabili- Area Power Administration, as provided in setting forth, in specificity, the substantive ties at such facility: Provided, That of the section 423 of the Foreign Relations Author- reasons why the Secretary believes the re- amount allocated to a covered nuclear weap- ization Act, Fiscal Years 1994 and 1995. quirement for competition should be waived ons facility each fiscal year from amounts for this particular award. available to the Department of Energy for FEDERAL ENERGY REGULATORY COMMISSION SEC. 302. None of the funds appropriated by such fiscal year for national security pro- SALARIES AND EXPENSES this Act may be used to— grams, not more than an amount equal to 2 For necessary expenses of the Federal En- (1) develop or implement a workforce re- percent of such amount may be used for ergy Regulatory Commission to carry out structuring plan that covers employees of these activities: Provided further, That for the provisions of the Department of Energy the Department of Energy; or purposes of this section, the term ‘‘covered Organization Act (42 U.S.C. 7101 et seq.), in- (2) provide enhanced severance payments nuclear weapons facility’’ means the fol- cluding services as authorized by 5 U.S.C. or other benefits for employees of the De- lowing: 3109, the hire of passenger motor vehicles, partment of Energy under section 3161 of the (1) the Kansas City Plant, Kansas City, and official reception and representation ex- National Defense Authorization Act for Fis- Missouri; penses (not to exceed $3,000), $210,000,000, to cal Year 1993 (P.L. 102–484; 42 U.S.C. 7274h). (2) the Y–12 Plant, Oak Ridge, Tennessee;

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.060 H25PT1 H5110 CONGRESSIONAL RECORD — HOUSE June 25, 2004 (3) the Pantex Plant, Amarillo, Texas; (4) such a waiver is essential to prevent or notwithstanding 31 U.S.C. 3302: Provided fur- (4) the Savannah River Plant, South Caro- respond to a serious radiological hazard in ther, That the sum herein appropriated shall lina; and the country receiving the waiver that may be reduced by the amount of revenues re- (5) the Nevada Test Site. or does threaten public health and safety. ceived during fiscal year 2005 so as to result SEC. 309. Funds appropriated by this or any (d) This section shall apply with respect to in a final fiscal year 2005 appropriation esti- other Act, or made available by the transfer exports that have been approved for transfer mated at not more than $751,800. of funds in this Act, for intelligence activi- as of the date of the enactment of this Act NUCLEAR WASTE TECHNICAL REVIEW BOARD ties are deemed to be specifically authorized but have not yet been transferred as of that SALARIES AND EXPENSES by the Congress for purposes of section 504 of date. For necessary expenses of the Nuclear the National Security Act of 1947 (50 U.S.C. TITLE IV 414) during fiscal year 2005 until the enact- Waste Technical Review Board, as author- ment of the Intelligence Authorization Act INDEPENDENT AGENCIES ized by Public Law 100–203, section 5051, for fiscal year 2005. APPALACHIAN REGIONAL COMMISSION $3,177,000, to be derived from the Nuclear SEC. 310. None of the funds made available For expenses necessary to carry out the Waste Fund, and to remain available until in this or any other appropriations Act for programs authorized by the Appalachian Re- expended. fiscal year 2005 or any previous fiscal year gional Development Act of 1965, as amended, TITLE V may be used to select a site for a Modern Pit for necessary expenses for the Federal Co- GENERAL PROVISIONS Facility during fiscal year 2005. Chairman and the alternate on the Appa- SEC. 311. None of the funds made available lachian Regional Commission, for payment SEC. 501. None of the funds appropriated by in this Act for fiscal year 2005 or any pre- of the Federal share of the administrative this Act may be used in any way, directly or vious fiscal year may be used to finance lab- expenses of the Commission, including serv- indirectly, to influence congressional action oratory directed research and development ices as authorized by 5 U.S.C. 3109 and hire of on any legislation or appropriation matters activities at Department of Energy labora- passenger motor vehicles, $38,500,000, to re- pending before Congress, other than to com- tories on behalf of other Federal agencies. main available until expended. municate to Members of Congress as de- SEC. 312. (a) None of the funds made avail- scribed in 18 U.S.C. 1913. able by this Act may be used to issue any li- DEFENSE NUCLEAR FACILITIES SAFETY BOARD SEC. 502. (a) PURCHASE OF AMERICAN-MADE cense, approval, or authorization for the ex- SALARIES AND EXPENSES EQUIPMENT AND PRODUCTS.—It is the sense of port or reexport, or transfer, or retransfer, For necessary expenses of the Defense Nu- the Congress that, to the greatest extent whether directly or indirectly, of nuclear clear Facilities Safety Board in carrying out practicable, all equipment and products pur- materials and equipment or sensitive nu- activities authorized by the Atomic Energy chased with funds made available in this Act clear technology, including items and assist- Act of 1954, as amended by Public Law 100– should be American-made. ance authorized by section 57 b. of the Atom- 456, section 1441, $20,268,000, to remain avail- (b) NOTICE REQUIREMENT.—In providing fi- ic Energy Act of 1954 and regulated under able until expended. nancial assistance to, or entering into any part 810 of title 10, Code of Federal Regula- DELTA REGIONAL AUTHORITY contract with, any entity using funds made tions, and nuclear-related items on the Com- available in this Act, the head of each Fed- merce Control List maintained under part SALARIES AND EXPENSES eral agency, to the greatest extent prac- 774 of title 15 of the Code of Federal Regula- For necessary expenses of the Delta Re- ticable, shall provide to such entity a notice tions, to any country whose government has gional Authority and to carry out its activi- describing the statement made in subsection been identified by the Secretary of State as ties, as authorized by the Delta Regional Au- (a) by the Congress. engaged in state sponsorship of terrorist ac- thority Act of 2000, as amended, notwith- (c) PROHIBITION OF CONTRACTS WITH PER- tivities (specifically including any country standing sections 382C(b)(2), 382F(d), and SONS FALSELY LABELING PRODUCTS AS MADE the government of which has been deter- 382M(b) of said Act, $2,096,000, to remain IN AMERICA.—If it has been finally deter- mined by the Secretary of State under sec- available until expended. mined by a court or Federal agency that any tion 620A(a) of the Foreign Assistance Act of NUCLEAR REGULATORY COMMISSION person intentionally affixed a label bearing a 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. SALARIES AND EXPENSES ‘‘Made in America’’ inscription, or any in- scription with the same meaning, to any App. 2405(j)(1)), or section 40(d) of the Arms For necessary expenses of the Commission product sold in or shipped to the United Export Control Act (22 U.S.C. 2780(d)) to have in carrying out the purposes of the Energy States that is not made in the United States, repeatedly provided support for acts of inter- Reorganization Act of 1974, as amended, and the person shall be ineligible to receive any national terrorism). the Atomic Energy Act of 1954, as amended, contract or subcontract made with funds (b) This section shall not apply to exports, including official representation expenses made available in this Act, pursuant to the reexports, transfers, or retransfers of radi- (not to exceed $15,000), and purchase of pro- debarment, suspension, and ineligibility pro- ation monitoring technologies, surveillance motional items for use in the recruitment of cedures described in sections 9.400 through equipment, seals, cameras, tamper-indica- individuals for employment, $662,777,000, to 9.409 of title 48, Code of Federal Regulations. tion devices, nuclear detectors, monitoring remain available until expended: Provided, systems, or equipment necessary to safely That of the amount appropriated herein, POINT OF ORDER store, transport, or remove hazardous mate- $69,050,000 shall be derived from the Nuclear Mrs. WILSON of New Mexico. Mr. rials, whether such items, services, or infor- Waste Fund: Provided further, That revenues Chairman, I make a point of order. mation are regulated by the Department of from licensing fees, inspection services, and The CHAIRMAN. The gentlewoman Energy, the Department of Commerce, or the other services and collections estimated at Nuclear Regulatory Commission, except to from New Mexico will state her point $534,354,300 in fiscal year 2005 shall be re- of order. the extent that such technologies, equip- tained and used for necessary salaries and ment, seals, cameras, devices, detectors, or expenses in this account, notwithstanding 31 Mrs. WILSON of New Mexico. Mr. systems are available for use in the design or U.S.C. 3302, and shall remain available until Chairman, section 311 of the bill vio- construction of nuclear reactors or nuclear expended: Provided further, That the sum lates clause 2 of rule XXI of the Rules weapons. herein appropriated shall be reduced by the of the House of Representatives prohib- (c) The President may waive the applica- amount of revenues received during fiscal tion of subsection (a) to a country if the iting legislation on appropriation bills. year 2005 so as to result in a final fiscal year President determines and certifies to Con- Section 311 restricts funding in the 2005 appropriation estimated at not more gress that the waiver will not result in any bill for certain Department of Energy than $128,422,700: Provided further, that none increased risk that the country receiving the laboratory functions in fiscal year 2005 of the funds made available in this Act or waiver will acquire nuclear weapons, nuclear any other appropriations Act for fiscal year and any previous fiscal year. Because reactors, or any materials or components of 2005, or for any previous fiscal year, may be the language restricts funding not just nuclear weapons and— used by the Commission to issue a license for 2005 but for all previous years, it (1) the government of such country has not during fiscal year 2005 to construct or oper- constitutes legislation on an appropria- within the preceding 12-month period will- ate a new commercial nuclear power plant in fully aided or abetted the international pro- tion bill. For that reason, it violates the United States. liferation of nuclear explosive devices to in- clause 2 of rule XXI of the Rules of the dividuals or groups or willfully aided and OFFICE OF INSPECTOR GENERAL House. abetted an individual or groups in acquiring For necessary expenses of the Office of In- The CHAIRMAN. Does any other unsafeguarded nuclear materials; spector General in carrying out the provi- Member wish to speak to the point of (2) in the judgment of the President, the sions of the Inspector General Act of 1978, as order? government of such country has provided amended, $7,518,000, to remain available until If not, the Chair is prepared to rule. adequate, verifiable assurances that it will expended: Provided, That revenues from li- The gentlewoman from New Mexico cease its support for acts of international censing fees, inspection services, and other terrorism; services and collections estimated at makes a point of order that section 311 (3) the waiver of that subsection is in the $6,766,200 in fiscal year 2005 shall be retained addresses funds in other acts. The gen- vital national security interest of the United and be available until expended, for nec- tlewoman asserts that a valid reading States; or essary salaries and expenses in this account, of the section is to limit any funds

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.060 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5111 made available in any previous fiscal Mr. GEORGE MILLER of California. The Clerk read as follows: year. Mr. Chairman, I rise in support of the Amendment offered by Ms. ESHOO: The Chair finds the language in this Eshoo, DeFazio, Inslee amendment, At the end of the bill (before the short section ambiguous. The Chair would and I want to thank the committee for title), insert the following: note that previous rulings cited in sec- agreeing to accept that amendment SEC. ll. None of the funds made available tion 1052 of the House Rules and Man- later, and to thank the committee for in this Act may be used to deny requests for ual allow the Chair to examine legisla- the public release of documents or evidence their consideration of the economic de- obtained through or in the Western Energy tive history when attempting to re- velopment projects for shipping in the Markets: Enron Investigation (Docket No. solve an ambiguity when ruling on a San Francisco Bay area. PA02-2), the California Refund case (Docket point of order. I rise in support of the amendment. Nearly No. EL00-95), the Anomalous Bidding Inves- In this case, the Chair finds that the four years ago, energy companies led by tigation (Docket No. IN03-10), or the Phys- committee report to accompany this Enron purposefully manipulated consumer ical Withholding Investigation. bill, on page 174, indicates that section markets and ruthlessly price gouged California Ms. ESHOO (during the reading). Mr. 311 intends to limit funds in this or any consumers. Recently publicized tapes and fi- Chairman, I ask unanimous consent other appropriation act. Also, as re- nancial records from Enron’s West Coast trad- that the amendment be considered read corded in the note in Deschler’s Prece- ing desk provide the proof. On the tapes, and printed in the RECORD. dence, volume 8, chapter 26, section Enron traders can be heard bragging about The CHAIRMAN. Is there objection 57.17, where the terms in a purported how they were taking the California utilities— to the request of the gentlewoman limitation are challenged because of the ‘‘grandmothers’’—to the ‘‘tune of a million from California? their ambiguity, the burden is on the bucks or two a day.’’ Just last week, the San There was no objection. proponent to show that no legislation Francisco Chronicle noted that the market ma- Mr. HOBSON. Mr. Chairman, I ask is found in the relevant language. nipulation and the Enron tapes are a ‘‘display unanimous consent that debate on this In the opinion of the Chair, the com- of arrogance and abuse that . . . argue pow- amendment and any amendments mittee has not met its burden and the erfully for the need for government to maintain thereto be limited to 30 minutes to be section constitutes legislation. The a level of oversight on energy markets.’’ equally divided and controlled by the point of order is sustained, and section California consumers have a right to recover proponent and myself. 311 is stricken. the billions of energy overcharges that re- The CHAIRMAN. Is there objection Are there any other points of order? sulted from this widespread illegal behavior. to the request of the gentleman from AMENDMENT OFFERED BY MR. HOBSON Yet nearly 4 years after the fact, the Federal Ohio? Mr. HOBSON. Mr. Chairman, I offer Energy Regulatory Commission (FERC) has There was no objection. an amendment. simply failed to deliver justice to California’s The CHAIRMAN. The gentlewoman The Clerk read as follows: energy consumers. Instead of providing timely from California (Ms. ESHOO) is recog- Amendment offered by Mr. HOBSON: refunds for the unreasonable rates California nized for 15 minutes. Page 35, insert the following new section consumers were forced to pay, FERC has ig- Ms. ESHOO. Mr. Chairman, I yield after line 11: nored court orders to give the parties rep- myself such time as I may consume. SEC. 311. None of the funds made available This is a very simple and clear in this Act may be used to finance labora- resenting the people of California the oppor- tory directed research and development ac- tunity to gather new evidence concerning en- amendment and it states that none of tivities at Department of Energy labora- ergy market manipulation during the summer the funds made available in this act tories on behalf of other Federal agencies. of 2000. As a result, FERC has been able to may be used to deny requests for the Mr. HOBSON (during the reading). minimize the amount that energy wholesalers public release of documents or evidence Mr. Chairman, I ask unanimous con- and marketers will be required to pay back. In- obtained through or in the western en- sent that the amendment be considered stead, FERC has initiated a slew of largely ergy markets. What brings this amendment, the in- as read and printed in the RECORD. closed door investigations against individual The CHAIRMAN. Is there objection generators. Settlements in these dockets rep- tent of this amendment, and why we to the request of the gentleman from resent only a fraction of the billions taken from are making it, Mr. Chairman, is really Ohio? California consumers and industry during the very clear. There are mounds of evi- There was no objection. energy crisis. dence relative to the manipulation of Mr. HOBSON. Mr. Chairman, I would In Rules Committee, we offered an amend- energy and the energy markets in the just ask for approval of the amend- ment to help move the process forward fairly Pacific Northwest and in California be- ment. This restores the language for by requiring the Commission to publicly dis- tween 2000 and 2001. We need to secure one year in the bill. close all the documents and evidence ob- what is there. There is so much evi- Mr. VISCLOSKY. Mr. Chairman, I tained in its legal proceedings; by allowing the dence that is being withheld. That is rise in support of the gentleman’s states, like California, affected by market ma- why we bring this amendment forward. amendment. nipulation to fully participate in any and all set- Mr. Chairman, I yield 1 minutes to Mrs. WILSON of New Mexico. Mr. tlement negotiations; and by adjusting the the gentlewoman from California (Ms. Chairman, I move to strike the last timeline for the investigation to adequately re- PELOSI), the very distinct minority word. flect the period of suspected criminal behavior. leader of the House. Mr. Chairman, the chairman of the That amendment was ruled out of order. Ms. PELOSI. Mr. Chairman, I thank subcommittee is certainly within his Mr. Chairman, it’s time for the Bush Admin- the distinguished gentlewoman, mem- rights to try to restrict language to istration to stop dragging its heels and deliver ber of the Committee on Energy and one year, but I would point out that real justice to the people of Calfornia—and all Commerce, for yielding me this time. the intent of this section of legislation up and down the West coast—who were I am pleased to rise in support of the seriously undermines the ability of the bilked by the bigwigs at Enron out of their Eshoo, DeFazio, Inslee amendment to laboratories to do their work. And hard earned paychecks. the energy and water bill. Before I while he may be able to do this in a Since the broader amendment was not speak to it, though, I want to sing the narrow way, this is a very important made in order, we are instead offering an praises of the very distinguished chair- piece of law, and from a policy point of amendment to ensure that none of the money man of the committee, the gentleman view, very unwise. appropriated under this act can be used to cir- from Ohio (Mr. HOBSON), for the leader- I look forward to working with him cumvent the court order to shine some sun- ship that he brings to this committee in conference on substantive matters light into this process by making public the and the understanding that he has of related to this problem, but I will have evidence attained through the investigations. the issues before it. He is a long-stand- to be voting against this amendment. The CHAIRMAN. The question is on ing and respected member of the Com- Mr. GEORGE MILLER of California. the amendment offered by the gen- mittee on Appropriations on both sides Mr. Chairman, I move to strike the last tleman from Ohio (Mr. HOBSON). of the aisle. I thank him for his service word. The amendment was agreed to. and leadership. (Mr. GEORGE MILLER of California AMENDMENT OFFERED BY MS. ESHOO I also recognize the contribution to asked and was given permission to re- Ms. ESHOO. Yes, Mr. Chairman, I all of this and leadership of the gen- vise and extend his remarks.) offer an amendment. tleman from Indiana (Mr. VISCLOSKY),

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.063 H25PT1 H5112 CONGRESSIONAL RECORD — HOUSE June 25, 2004 the ranking member on the Democratic tricity crisis began to spike, when the should have allowed us to do in a side of the Subcommittee on Energy blackouts began to roll across Cali- broader way last night, but they re- and Water Development. I commend fornia, the Federal Energy Regulatory jected it. I call on the Republicans to them both for this excellent product Commission should have been our safe- join us in ensuring that FERC live up that they have brought to the floor ty net. Instead, month after month as to this bipartisan decision and that it today. electricity prices went sky high, FERC release this information. Mr. Chairman, I will yield a few sec- b 1215 refused to act. Time and time again, my Western onds to the distinguished chairman of Mr. Chairman, before I speak directly colleagues, the gentleman from Wash- the Committee on Rules. to the amendment on the floor, I want ington (Mr. INSLEE), the gentleman Mr. DREIER. Mr. Chairman, I thank to put it in context. Last night, the from Oregon (Mr. DEFAZIO), the gentle- my friend for yielding, and the only gentlewoman from California (Ms. woman from Oregon (Ms. HOOLEY), and reason I am here is that I understand ESHOO) went to the Committee on so many others stood together to call that my good friend from San Fran- Rules to request a waiver to offer an on FERC and President Bush to stop cisco, the distinguished minority lead- amendment that would help Western the looting of the western States by ra- er, mentioned the fact that I am in families to get the refunds they deserve pacious energy companies. We wrote to California and the fact that I chair the House Committee on Rules. after they were ripped off by Enron and FERC. We wrote to the FERC. We others. Let me just, in light of what was stood up in the Committee on Appro- raised, explain, once again as I did dur- The Eshoo amendment as advanced priations. We stood up on the floor of last night would have also allowed ing the debate on the rule, exactly the House, but time and time again what has taken place here. States to participate in claims at FERC failed to stop the rampant abuse FERC on behalf of consumers and pro- Ms. PELOSI. Mr. Chairman, reclaim- of consumers by Enron and other en- ing my time, I think the gentleman vided more time for the public to file ergy companies. complaints. The amendment would can get time from his distinguished Finally, as Western consumers had chairman to go to that length. have put this Congress on record recog- lost billions of dollars and the worst of Mr. DREIER. Mr. Chairman, I just nizing the misconduct of Enron and the damage was done, FERC stepped in wanted to respond to the points that other energy companies, and it would and brought the Western electricity the minority raised. have required perspective to disclose markets under control. We knew all Ms. PELOSI. Mr. Chairman, I am the evidence of manipulation that it along that Enron and the energy com- sure his distinguished chairman will has accumulated over the past 4 years. panies were gaming the system. yield him time. My point is because the It was a very wise amendment. It was The tapes, the now notorious tapes gentleman was not in the room and I exactly what the consumers of the that every Member of this body has an want to reiterate it while he is in the Western States needed to remedy the obligation to observe, the tapes of the room, I would have hoped he would energies against them. Enron traders confirm what we knew have been here, because this is an issue Unfortunately, and it is hard to un- all along, that Enron and the other en- of such major concern to our great derstand why, the Committee on Rules, ergy companies were laughing all the State of California. chaired by the gentleman from Cali- way to the bank as they stole from What I said was that the consumers fornia (Mr. DREIER), did not allow the families and businesses of California. of California were rejected last night in amendment to be offered today. We are Enron and its kind lied, cheated and the Committee on Rules, because the told this is an open rule with open de- stole; and it is long past time for Enron chairman of the Committee on Rules bate, but the Committee on Rules ruled to pay consumers and the States back, would not allow the Eshoo amendment, against Western consumers when it did as the amendment of the gentlewoman which would have been the right way not allow the original Eshoo amend- from California (Ms. ESHOO) that she to go in order to get refunds for Cali- ment to come to the floor. It did not offered last night, but was turned down fornia. give the consumers the measure they by the Committee on Rules, would Mr. DREIER. Mr. Chairman, will the deserve. have required. gentlewoman yield? That is why I am very pleased that Even after adoption of this amend- Ms. PELOSI. I think that you are we were able at least to bring a partial ment that we are considering today, going to have to get time from your amendment and that the gentleman settlements will still be made by FERC own chairman. from Ohio (Mr. HOBSON), as I under- behind closed doors without represent- Mr. DREIER. Well, I was happy to stand, will perhaps be accepting this atives of the States present. We wish yield earlier to the gentlewoman when amendment offered by the gentle- we were voting today on the original I controlled time in the Committee on woman from California (Ms. ESHOO), Eshoo amendment that we wanted so Rules. Ms. PELOSI. Mr. Chairman, for 10 the gentleman from Oregon (Mr. that the House could address the larger seconds, and I yielded more time to DEFAZIO), and the gentleman from problems; but at least with the co- Washington (Mr. INSLEE). This much you at this time. operation of the gentleman from Ohio Mr. DREIER. Mr. Chairman, I thank more limited amendment would ensure (Mr. HOBSON), we are taking this first public access to documents on the 2000 my friend for yielding. step toward justice for consumers. Ms. PELOSI. Mr. Chairman, no, I did and 2001 electricity crisis in California I think that the handwriting was on not yield. I said when you yielded to and other western States held by the the wall. I think it was a wise move by me for 10 seconds. Federal Energy Regulatory Commis- the gentleman from Ohio (Mr. HOBSON), Mr. Chairman, I yield back to the sion. because I do not think he wanted to gentlewoman from California (Ms. This amendment is a crucial first subject his Members to voting against ESHOO). step, not as good as what last night this amendment. Ms. ESHOO. Mr. Chairman, I am would have been, the amendment of- Mr. DREIER. Mr. Chairman, will the pleased to yield 2 minutes to the gen- fered by the gentlewoman from Cali- gentlewoman yield? tleman from Oregon (Mr. DEFAZIO). fornia (Ms. ESHOO) last night, but it is Ms. PELOSI. Mr. Chairman, I will Mr. DEFAZIO. Mr. Chairman, crimes a critical first step in bringing justice yield in a minute. were committed, and we are simply to consumers who were gouged by We wish that we were voting today asking for restitution. At this point, 10 Enron and other energy companies; but on the amendment that we wanted so Enron executives have pled guilty, 19 it is not enough. that the House could address the larger others have been charged, and we are Mr. Chairman, the constituents of problem, but at least we are taking waiting for the charges against Ken those of us who represent the western this first step toward justice for con- Lay, the President’s single greatest States were victims of an enormous sumers. lifetime contributor, which have not scam. Yes, the electricity deregulation Today the House has unanimously yet come forward. signed by Republican Governor Pete agreed that FERC release its evidence During the crisis, Vice President Wilson was fatally flawed; but when of corporate misconduct to the public. CHENEY said the basic problem in Cali- the flaws became clear, when the elec- That is what the Committee on Rules fornia was caused by Californians. He

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.067 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5113 basically said the ratepayers in Or- that the law is clear. If you are un- his work. But as the gentleman knows, egon, Washington, and Northern Cali- happy about that, change the law. we have been working on some of those fornia were at fault. I was in a meeting The prohibition of funds that the solutions. As the gentleman knows, I where he said this was nothing but gentlewoman is asking for here will have been involved in the plants in market forces at work. Of course it has not do one thing to create another Yolo County and Solano County and now been proven that Enron manipu- megawatt of power for California. It Contra Costa County where we have lated the markets. They manipulated will not do a single thing to help us re- brought on new generation, clean gen- the markets on 473 of 537 days of crisis. place the carbon-based, high-polluting eration, site-based generation, replac- People in Oregon and the Pacific facilities that exist in California today ing old, inefficient production of en- Northwest and California are paying a with much more efficient and less ad- ergy. We are working on a cable system great amount more for their electricity verse impact to the environment. It now to go under the bay to put power today, generated by the same plants, does not do a single thing to reduce the from the East Bay into the South Bay, by many of the same companies, trans- pricing that the California PUC board into San Francisco. regulates which is dominated by ap- mitted over the same lines because of b 1230 the market manipulation by Enron. pointees of former Governor Gray Plain and simple, we want justice. Davis. It does not do a single thing to We are working on more efficient Justice means we should have restitu- solve the problem on forward con- pipelines to move fuel around Northern tion. That is being denied by the Re- tracting for investor-owned utilities. California. So I mean I think clearly publican majority. It is being denied by I repeat my invitation. I said Horatio those are there. the President’s Republican-dominated earlier. I meant Hannibal. Rather than This amendment is a little different. Federal Energy Regulatory Commis- acting as Hannibal at the gates to the This is about people who stole money. sion. It is being denied by the Repub- valley of solutions, stopping us from This is not about people who are build- lican-led Congress. entering, come over and join us. Help ing power plants. This is about people But at least here with this amend- us put in place the infrastructure and who took power out of service. Know- ment, what we will get is some of the the technology that California is so ing that if they removed 1 or 2 percent information that our utilities could use good at creating. Help us put that in of the power, they would drive up their that is being closely held by the Fed- place to create the megawatts of power revenues by hundreds of percent. eral Energy Regulatory Commission that our people need and our factories Mr. OSE. Madam Chairman, reclaim- under the pretense that they might depend upon. Help us bring power to ing my time, I thank the gentleman, someday take some action with this to the peninsula of San Francisco which who is a neighbor of mine, because all prove that the rates were not just and is probably one of the most difficult of those are good ideas. And to the ex- reasonable and to pursue civil rem- places to get power to in the entire tent that we have bad actors that have edies. If the Bush administration will United States. Help us eliminate the manipulated the system, we are going not act in the public interest, will not variability in power that Santa Clara to get at it because the chairman is protect consumers, if the Federal En- depends upon. Help us bring power to going to probably accept this amend- ergy Regulatory Commission will not our food processors up and down the ment. act in the public interest and protect State where agriculture remains the But the point is that we cannot sit consumers, then at least the consumers largest industry. Abandon this Han- here flailing away at the past history. and their utilities can take action on nibal at the gates concept and come We have to come to a solution, and the behalf of themselves. But they need over here and help us. Instead of ha- solution is along the lines that you this information. ranguing us about past history and at- would otherwise advocate for and advo- This amendment will make that in- tempting to rewrite it, come over here cated for when President Clinton was formation available to the public. and propose your solutions. here and Vice President Gore was here Some of it, I am sure, will be obscene This is not a witch-hunt. It should and advocated for when Governor Davis and as appalling as the tapes we have not be a witch-hunt. The response you was in office and now that he is not and had so far from Enron where they talk are getting today is the same response those people are gone, you are opposing about putting it to the consumers day you got under Clinton-Gore. The law is them. We want to get at the bad ac- in and day out and laugh about it, but very clear about what FERC’s preroga- tors. There are two or three who ma- the acceptance of this amendment will tives are. So come over here and help nipulated the market. There is no ques- move us down that path even if they us find solutions. Help us create the tion about it. And they did it to the will not take positive action to help technology and put it in place that al- detriment of every single one of us who people. lows us to create power at less adverse lives in California. Every single one of Mr. HOBSON. Mr. Chairman, I yield 7 impact to our environment. us. minutes to the gentleman from Cali- I know you are environmentalists. I Whether one lives in San Francisco fornia (Mr. OSE). know you are, because I watch you or Modesto or Santa Clara, every single Mr. OSE. Mr. Chairman, we talked very carefully. One of my models on one of us suffered from that. But I ask about this a little earlier today. I was environmental issues is the gentleman you to come over here and help us find listening to the minority leader’s com- from California (Mr. GEORGE MILLER), solutions on a bipartisan manner, on a ments very carefully in my office, and one of your fine, outstanding Members manner that does not attempt to re- I ran over here. I apologize for being a and one of your leaders. Help us put write history. History is history. It is little short of breath. that technology in place and make gone. It is done. It is over. Clinton is I just want to refresh everybody’s California’s environment even more gone. Davis is gone. There is no point memory about what happened in 2000 suitable for our use. I know that PG&E in pointing the finger. We know what and 2001 and to point out the empirical is based in San Francisco. They have the facts are. Help us put in place the fact that there have been no statewide just gone through a horrendous bank- facilities that give us power with the blackouts or brownouts in California ruptcy. I know the gentlewoman as the least detriment to our environment, since, frankly, the Republican-domi- minority leader is very curious about that give us power at the lowest price, nated FERC got put into place. the outcome. that give our investor-owned utilities, First of all, the law was very clear. I am trying to find solutions. We who employ thousands of people up and When the previous administration was need to work together on this. down the State, who give our investor- in control, these same complaints were Mr. GEORGE MILLER of California. owned utilities the opportunity to for- uttered, the same concerns were Mr. Chairman, will the gentleman ward contract because if they had the brought to the floor, and the same re- yield? opportunity to do that, to remove the sponse was given by FERC down to the Mr. OSE. I yield to the gentleman uncertainty on supply, the very same last period or punctuation mark. You from California. thing that Governor Davis was asked got no more response from the FERC Mr. GEORGE MILLER of California. to do, that the PUC was asked to do, under Clinton-Gore than you are com- I thank the gentleman for his com- that both declined to do, if we gave plaining about today. The reason is ments, and I thank the gentleman for them that power, we would not have to

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.069 H25PT1 H5114 CONGRESSIONAL RECORD — HOUSE June 25, 2004 build new facilities. We would not have tion that sat on their hands while fortable with this, in advising us in additional constraints on supply. We Enron got into our pockets to the tune what situation he may allow to come would not have prices going through of over $8 billion, and they did nothing. to the floor of this House an amend- the roof. And now the Republican Party, and we ment. I want to repeat my compliments to very much appreciate the gentleman Mr. HOBSON. Madam Chairman, I the gentleman from Ohio. I left one from Ohio’s (Mr. HOBSON) agreeing to yield such time as he may consume to thing out earlier. Oftentimes he has this small little amendment, but you the gentleman from California (Mr. been a gentle hand in my tenure here. are denying us the ability for this DREIER). Sometimes he has been a heavy hand. Chamber to do exactly what the gen- Mr. DREIER. Madam Chairman, I In every instance I have appreciated it. tleman from California (Mr. OSE) says thank the gentleman for yielding me I thank the folks on the other side we should do: change the law, if that is this time. because we are in this together. necessary, to get refunds from Enron. This has been a very interesting de- Ms. ESHOO. Madam Chairman, I You will not allow this Chamber to bate. I have regularly yielded, and I yield for the purpose of making a unan- vote on that. look forward to yielding to the gen- imous consent request to the gentle- The gentleman from California (Mr. tleman from Washington (Mr. INSLEE); woman from Nevada (Ms. BERKLEY). OSE) comes here and says, If you do not gentlewoman from San Francisco, the (Ms. BERKLEY asked and was given like the law, change it, but we will not minority leader; or anyone else who permission to revise and extend her re- allow a vote to do it. wants to talk about this issue because marks.) Let me tell my colleagues why I think that a healthy exchange is im- Ms. BERKLEY. Madam Chairman, I maybe that is necessary. We need one portant for us. I will say in response to the question rise in strong support of Eshoo amend- or two things to happen. The fact of posed by my friend from Washington ment given the fact that Enron has the matter is we have written FERC. I that every single Member of this House stolen more than $1 billion from Ne- have wrote and many other Members is passionately committed to the goal vada’s ratepayers by ruthlessly have written FERC saying that they of ensuring that consumers are not pe- gouging our consumers and our utili- have concluded there was a scandal, nalized and that they are successfully ties nearly went bankrupt, and that is they have concluded there was theft, compensated for any wrong that has why the Eshoo amendment is so impor- they have concluded there was manipu- been inflicted on them. We all are very, tant. lation, but they refuse to give us re- very concerned about the fact that any The Western United States has suffered an funds. And what did Mr. Pat Wood individual whom we represent could artificial energy crisis created by Enron to rake write back and say to me? ‘‘Therefore, possibly have been done in, and that is in enormous profits. The company executives FDA Section 206 does not permit retro- why we are in the midst of several very deliberately and maliciously manipulated the active refund relief for rates covering important things. energy market. Enron stole more than $1 bil- periods prior to the refund effective Number one, the Ninth Circuit Court lion from Nevada’s ratepayers by ruthlessly date established on complaint or the of Appeals in California is right now in gouging consumers. This is just the tip of the initiation of Commission investigation, the midst of a measure which is very iceberg. It is likely that Enron made more than even if the Commission determines important. They are considering ex- $10 billion in profits by breaking the law. that such past rates were unjust or un- actly how to appropriately deal with Not only did Enron’s actions cost Nevada’s reasonable.’’ this issue. FERC, the Federal Energy families more than $1 billion, our utilities near- It does not matter how many of these Regulatory Commission, itself is close- ly went bankrupt. We cannot allow this ramp- records we get. Your administration ly looking at those horrible, horrible ant corporate misconduct to continue. After under George Bush and DICK CHENEY, transcripts of the things that were said years of asking for answers, people in my friends of Ken Lay, are not going to which were absolutely beyond the pale state are still waiting for this administration to act. Your administration has said if we and absolutely reprehensible. No one of take measures to correct this wrongdoing and get a videotape of Ken Lay using all either political party is somehow sym- hold Enron accountable. kinds of expletives to take money out pathetic with hurting our constituents. I urge you to support the Eshoo amendment of our pockets, you have decided you So that is why to me it is absolutely and ensure that the Enrons of the world can- are not going to act. And that is wrong. outrageous for us to constantly be not collect another fraudulent dime from Ne- The gentleman from California (Mr. painted as somehow sympathetic with vadans. DREIER) says we cannot allow an people like those involved in Enron. Mr. HOBSON. Madam Chairman, I amendment because this is an appro- I do not want to spend time going have no further requests for time, and priation bill. My question is I would into the list of campaign contributions I am prepared to accept the amend- like to know the date the House of and all of this sort of stuff that has ment. Representatives, which has now gone on, but I recall that our friends on Ms. ESHOO. Madam Chairman, I spurned two efforts to get relief from the other side of the aisle have re- yield 3 minutes to the gentleman from Enron, I want to know the date the ceived just as much, if not more, in Washington State (Mr. INSLEE). House of Representatives is going to campaign contributions from many of (Mr. INSLEE asked and was given give Americans an opportunity to vote those who are in question. This is an permission to revise and extend his re- to get refunds on an Enron amend- issue, as the gentleman from California marks.) ment. (Mr. OSE) has said, that we want to ad- Mr. INSLEE. Madam Chairman, I am going to ask the gentleman a dress in a bipartisan way. blaming the Enron scandal on Bill real question. What date is this House We last week passed H.R. 6, energy Clinton, with all due respect, give us a going to vote to do that? legislation, which also goes a long way break. The only malediction in this Mr. DREIER. Madam Chairman, will towards trying to address this issue by country you have not laid at the feet of the gentleman yield? enhancing the ability of the Federal Bill Clinton is DICK CHENEY’s vocabu- Mr. INSLEE. I yield to the gen- Energy Regulatory Commission to ad- lary malfunction on the Senate floor, tleman from California. dress this. When we yesterday had the and I suppose that will be next. Mr. DREIER. Madam Chairman, ob- gentlewoman from California (Ms. We listen to these tapes, and the viously I cannot tell the gentleman ex- ESHOO) and the gentlewoman from Enron traders were scandalous scoun- actly what date we are going to have a California (Ms. LOFGREN) testify before drels who were smart. Do my col- vote. I will tell the gentleman that we the Committee on Rules, I know my leagues know what they said on these voted on H.R. 6. friend will remember what I said. tapes? We cannot wait until George Mr. INSLEE. Madam Chairman, I re- I said please work to fashion this Bush is President because maybe then claim my time. The gentleman from amendment so that it will comply we will have Ken Lay as Secretary of California (Mr. DREIER) is incapable of within the rules of the House, so that Energy. giving us a date. the bipartisan request made by the They understood whose side their I would like to yield to the gen- gentleman from Ohio (Mr. HOBSON) and bread was buttered and they got what tleman from Illinois (Mr. HASTERT), if the gentleman from Indiana (Mr. VIS- they wanted. They got an administra- he would be so kind, if he is com- CLOSKY) protecting the legislation

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.071 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5115 itself but allowing for an open amend- not only have we offered an amend- Nothing is more detrimental to the ment process would be the way that we ment in the appropriations process to economic recovery of the Pacific could go, and that is exactly what she allow refunds for Americans who have Northwest than the fact that we are has done. That is why the gentleman been gouged by Enron, but we also of- still paying more than we should for from Ohio (Mr. HOBSON) has stood here fered essentially the same amendment our electricity because it was stolen ready to accept the amendment. He is on the energy bill that was clearly ger- from us by the Enron Corporation, ready to accept the amendment which mane to the issue, clearly would have based in Texas, and no relief has been will help us address this issue. been allowable, and under his leader- granted by the Federal Energy Regu- Ms. ESHOO. Madam Chairman, will ship in the Committee on Rules, it was latory Commission, led by Pat Wood of the gentleman yield? refused to be allowed under the energy Texas, who was recommended for that Mr. DREIER. I yield to the gentle- bill. job by Ken Lay of Enron, who still has woman from California. Mr. DREIER. Madam Chairman, re- not gone to jail and who was factually Ms. ESHOO. Madam Chairman, we claiming my time, I will say that if one before this campaign the single largest made our presentation. The gentleman goes back and looks at legislation that lifetime contributor to George Bush, was complimentary of how the presen- we passed in this House, H.R. 6, it, in the President of the United States. tation was made and of the substance fact, takes very bold steps towards en- This stinks. and the last thing he said was, I cannot suring that our constituents are cor- Ms. ESHOO. Madam Chairman, I support this amendment. That is what rectly compensated. And so we have yield to the gentlewoman from Cali- he said. done just that. fornia (Mrs. DAVIS), for the purpose of Mr. DREIER. Madam Chairman, re- Madam Chairman, I thank my friend a unanimous consent request. claiming my time, that is not what I for yielding me this time, and I know (Mrs. DAVIS of California asked and said. I am happy to yield again if the that I have nearly exhausted the time was given permission to revise and ex- gentlewoman would like to challenge for this side. tend her remarks.) me on this. Ms. ESHOO. Madam Chairman, I Mrs. DAVIS of California. Madam What I said was that the amendment yield 2 minutes to the gentleman from Chairman, I rise in support of this as proposed did not comply with the Oregon (Mr. DEFAZIO). amendment, because I think it is ap- rules of the House. b 1245 propriate to address the failure of Ms. ESHOO. Madam Chairman, will Mr. DEFAZIO. Madam Chairman, FERC for adjusting reasonable rates the gentleman yield? there is a simple fact here: crimes were within this energy bill. Mr. DREIER. I yield to the gentle- committed. At this point, 10 Enron ex- I support the Energy and Water Bill that is woman from California. ecutives have gone to jail. They de- before us today because on balance there are Ms. ESHOO. I thank the gentleman frauded the ratepaying public, the busi- a number of important programs that are sup- for yielding to me. nesses, the homeowners, the factories ported. I asked that the Committee on Rules of the Western United States, and ille- However, it is an energy bill, and it has waive in order for the amendment to be gally extorted money from them by failed to address a critical energy issue facing accepted. manipulating the market. the western states. Mr. DREIER. Madam Chairman, re- Now, there is a lot of reconstructive I support the amendment of my California claiming my time, that was the request history going on here today. The Clin- colleague Ms. ESHOO. that was made. And I will tell the gen- ton administration did impose price This bill should address the failure of the tlewoman the request that was made caps, actually. It was the Federal En- Federal Energy Regulatory Commission for the structure of the rule by the ergy Regulatory Commission, led by [FERC] over the past four years to see that chairman of the subcommittee and the Pat Wood of Texas, under the leader- energy rates are ‘‘fair and just’’; to review the ranking minority member of the sub- ship of George Bush of Texas and DICK evidence in the tapes which they have had in committee was that we have an open CHENEY of Texas, now Wyoming, who their possession to look for market manipula- amendment process and provide protec- refused to take any action, said that tion; to hold meaningful, public hearings on tion for those provisions that were re- these were merely market forces at the energy market gaming that occurred so ported out of the Committee on Appro- work. DICK CHENEY said at a meeting widely in California and the West Coast begin- priations, and that is exactly what we that I was in that unless we built one ning in the spring of 2000; and to order the did. 500-megawatt plant a week for the next energy companies which committed massive The bipartisan request for the struc- 15 years, this would continue. fraud to refund the $9 billion that should be re- ture of the rule is what we put together Well, of course, he was pretty fa- stored to California ratepayers in addition to and what we reported out. It would mously wrong. It was market manipu- refunds for manipulated rates in other states. have been extraordinary if we had, in lation. People have now gone to jail. You have heard how the recently revealed fact, provided a waiver that would have We have crimes. tapes of employees of the energy companies allowed for this amendment. That was But what we do not have is restitu- show that they intentionally, cynically, and re- why I made the request of my friend, to tion. The law must be changed. Even if peatedly manipulated energy supplies in order fashion a rule so that we can address the Bush appointee leading the Federal to create exorbitant, unjustified profits for our shared concern to ensure that our Energy Regulatory Commission, from those companies. constituents are correctly compensated Texas, wants to give refunds to rate- My district San Diego bore the brunt of the and are not done in. And that is, I be- payers in the Western United States, first tripling of energy bills. Not only the myth- lieve, exactly what has happened, along he has said he does not have that au- ical Grandma Millie but many real people suf- with passage of H.R. 6, our legislation, thority. fered: the elderly and frail on fixed incomes; and the case that is underway before We have asked simply for a vote to small business owners whose product requires the Ninth Circuit Court of Appeals. give him that authority. We do not high levels of energy; museums, churches and Madam Chairman, would anyone else have to mandate. If he is going to do temples, schools and universities, government like for me to yield to them? Would the his job, just give him the authority and offices; and every family struggling to meet its minority leader like me to yield? Is let him go to work and give that budget. there anyone else who would like me to money back to the people in the West- Congress has an obligation to address this answer questions? I am more than ern United States. It was stolen from failure by FERC to take action. Potential court happy to. them. action is no excuse for Congressional inaction. Mr. INSLEE. Madam Chairman, will Earlier we talked about put this be- Ms. ESHOO. Madam Chairman, I the gentleman yield? hind us. The gentleman talked about yield myself the balance of my time to Mr. DREIER. I yield to the gen- putting it behind us. It is history. Well, make a closing statement. tleman from Washington. you really cannot put a crime behind Madam Chairman, I thank all of my Mr. INSLEE. Madam Chairman, I you when you have not had restitution, colleagues that have fought so hard think I understand the nature of the and we have not had our restitution. In and so courageously for 4 years. gentleman’s argument. But the prob- fact, we are still paying more for our Madam Chairman, this is an issue lem that we have on this side is that electricity today, day in, day out. about greed, greed gone absolutely

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.073 H25PT1 H5116 CONGRESSIONAL RECORD — HOUSE June 25, 2004 wild; and the victims of the greed, this magnificent. And I am proud to serve sonable definition this is Appalachia. insatiable greed for money, money, with those that, even in the worst of Alabama, Georgia, Kentucky, Mary- money, money, money, are the people times, sought to do something about it. land, Mississippi, New York, North of my State of California, the people of It is what people sent us here for. Do Carolina, Ohio, Pennsylvania, South the State of Washington, the people of not forget that. That is what our power Carolina, Tennessee, Virginia, and the State of Oregon, the people of the is for. Not for Enron, not for Reliant, West Virginia. State of Nevada. not for people that commit criminal West Virginia was the cornerstone of I have heard some really outrageous activities against those that send us the Appalachian Commission, and since things here today. You, my friends, here to stand up for them. the Appalachian Commission has been have been given the power by the peo- Madam Chairman, I thank the gen- in existence, West Virginia has gone ple of the United States of America to tleman from Ohio (Mr. HOBSON) for al- from 43rd in economic development to hold the majority here. For 4 years we lowing this to be brought to the floor 49th. So it tells you the effectiveness of have fought. Not one hearing was even and debated. the Appalachian Commission. granted in the Committee on Energy Madam Chairman, I yield back the Until the past few years, the ARC and Commerce. balance of my time. was among our most expensive eco- We have presented solutions for res- Mr. HOBSON. Madam Chairman, I nomic development programs, $282 mil- titution to our people, for refunds, and yield back the balance of my time. lion in 1995, just 10 years ago. Yet de- have been denied over and over and The CHAIRMAN pro tempore (Mrs. spite such spending, after 30 years of over again. So there has not only been BIGGERT). The question is on the existence, there is no convincing evi- an abuse of power by the power compa- amendment offered by the gentle- dence that the ARC has created new nies, but by the majority party in this woman from California (Ms. ESHOO). jobs or capital investment. Indeed, House. The amendment was agreed to. there is some evidence that this region Now we have come forward and re- AMENDMENT NO. 2 OFFERED BY MR. HEFLEY is getting poorer relative to the rest of quested last evening at the Committee Mr. HEFLEY. Madam Chairman, I the country. on Rules that all points be waived in offer an amendment. It is time to try something different. order to present an amendment for re- The CHAIRMAN pro tempore. The There are other programs that do bet- funds. That was denied. Now the gen- Clerk will designate the amendment. ter what the ARC does less well: the tleman from Ohio (Mr. HOBSON) has al- The text of the amendment is as fol- Department of Transportation’s high- lowed this limited amendment that we lows: way program, a host of programs under now have on the floor. Amendment No. 2 offered by Mr. HEFLEY: the Department of Housing and Urban Make no mistake, not one Repub- Page 38, line 11, after the dollar amount, Development. lican from the State of California sup- insert the following: ‘‘(reduced by Further, each of the 13 States and ported in 4 years a refund to our peo- $28,500,000)’’. within them many of the counties and ple. This legislation has been there. We Mr. HEFLEY. Madam Chairman, I municipalities within those States have sent Dear Colleague letters. I will rise today to offer an amendment, have economic development agencies not yield, because I waited 4 years for which I am going to ask unanimous that are better suited and better quali- this moment, and this is for our con- consent to withdraw, but I do want to fied to judge the needs of these areas stituents. They have not used their make this point: this amendment than the ARC. power to bring about restitution to would cut the line item for the Appa- As I said, it is time to phase out this them. lachian Regional Commission by $28.5 program. But in deference to the excel- How much more evidence do you million. The amendment would leave lent job that I think the chairman is need? You have heard the tapes. It is $10 million for termination of the pro- doing, the gentleman from Ohio (Mr. not just about being upset about the gram. HOBSON) is headed in the right direc- evidence. It is up to us, those who have Three weeks ago, we buried Ronald tion on this, I will ask unanimous con- been vested with the power, to do Reagan. Some of us were moved to sent that my amendment be with- something on behalf of the consumer. reminisce about those days and the drawn. It is not enough to say our constitu- ideas that brought many of us here. Madam Chairman, I ask unanimous ents have been hurt. Use the power. Looking back, a lot of those ideas that consent to withdraw my amendment. Use the power to override the power of made sense then still make sense The CHAIRMAN pro tempore. Is the power companies that manipulated, today. And one of those ideas was get- there objection to the request of the that extracted, and then bragged about ting rid of the Appalachian Regional gentleman from the Colorado? it. Commission, and it still makes sense Mr. HOBSON. Madam Chairman, re- Shame on anyone that would not today. serving the right to object, and I will stand next to the grandmother that Now, first of all, I want to applaud not object, I would just like to state these people referred to and were so the efforts of our chairman, the gen- that I appreciate the amendment of- gleeful about picking her pockets. tleman from Ohio (Mr. HOBSON), in fered by my colleague from Colorado. I Shame on them. Shame on anyone that looking at this program critically and happen to agree with the gentleman does not fight every day to make good cutting a good deal out of this pro- about this agency. I think it is one of for these people. gram. He is going in the right direc- the biggest pork-barrel projects we These are the extraordinary, ordi- tion. Last year, he stated that if he had have here. When I was on the Com- nary people of our country. That is who his way he would do away with the mittee on the Budget with John Ka- we stand next to. We invite you to fi- ARC; and, true to his word, he is doing sich, we tried to do away with this. nally do something, to take one tiny what he can to eliminate it. However, there are a lot of people step, if you have it in you, to do that. This year, the bill recommends a that like to give their Governors the The White House turned us down, the $38.5 million appropriation for the com- ability to do these pork-barrel projects; Federal Energy Regulatory Commis- mission, $27.5 million, or about 45 per- and, therefore, I do not think this sion turned us down, the chairman of cent, less than the President’s request. amendment will pass, even though I the Committee on Energy and Com- This is much less than just 5 to 10 would probably vote for it. So I appre- merce turned us down over and over years ago, when we spent upwards of ciate the gentleman withdrawing his and over again. $200 million on this program. amendment. So I say to those that stand next to So I am saying, let us go the rest of Madam Chairman, I withdraw my the consumer, no matter how frus- the way and eliminate this redundant reservation of objection. trating, no matter how dark it has program altogether. The CHAIRMAN pro tempore. Is been, let us do something about it. We The ARC purports to provide guid- there further objection to the request have had the solution. We come for- ance and financial assistance to 13 Ap- of the gentleman from Colorado? ward now with a very small one. palachian States to promote economic Mr. RAHALL. Madam Chairman, re- I thank everyone that has been part growth in the region. Let me read you serving the right to object, I appreciate of the effort. You have been absolutely those States and you see if by any rea- the gentleman from Colorado agreeing

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.076 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5117 to withdraw his amendment. Of course, lection and treatment system that will provide Madam Chairman, the Appalachian Re- I would have spoken very vehemently water to 225 customers and create 148 jobs in gional Commission (ARC) is a true American in opposition to it. Wayne County, WV. success story. Throughout its existence, it has The gentleman has mentioned that A $1 million grant to the Glen White/Trap consistently risen to the challenge of my home State of West Virginia is not Hill Public Service District in Raleigh County, leveraging federal dollars in a prudent manner, necessarily being improved by the WV, will fund construction of a three water providing a fair return, both socially and eco- ARC. I would submit those conditions storage tanks and replace some existing water nomically, for the Federal Government’s in- from whatever report the gentleman is lines while extending service to surrounding vestment. quoting are based on other conditions, communities that had to rely on underground The Appalachian Regional Commission was other than what ARC has done for our wells. created in 1965 to provide social and eco- region, because the Appalachian Re- In Boone County, WV, a $680,000 grant nomic support to severely distressed counties gional Commission has dramatically from the ARC is being used to extend in the Appalachian states stretching from New improved life in Appalachia, and it has waterlines to Julian, WV. York to Mississippi. Its goal is to bring over 23 helped us get back on our feet in many A $75,000 grant to the West Virginia Access million citizens in 410 counties into America’s depressed areas of this country. Center for Higher Education in Bluefield, WV, economic mainstream. It is a program that works, it works to help increase the number of high school There is no doubt the public works and in- from the grassroots up, not from the students who go on to attend college. frastructure projects supported by the ARC are top down. So I would submit to the Now, I don’t think the people who live in having a very positive effect in meeting the gentleman that the ARC is still vitally Wyoming County, Twin Branch, Prichard, Glen challenges of the Appalachian region. Building needed in many Appalachian poor rural White, Julian, or Bluefield will claim that the on their successful strategy of a regional ap- parts of this Nation. ARC is somehow not worthwhile. proach, the ARC encourages affected states My home State of West Virginia hap- However, Madam Chairman, Mr. Speaker, to work cooperatively to address issues of pens to be the only State that is to- there remains more work to be done to fulfill economic distress particular to the Appa- tally within the 13-state ARC region, the promise made. We’re still struggling to get lachian region. and we strongly support the program. on our feet. Very importantly, Madam Chairman, ARC Madam Chairman, I rise to protest the But the amendment will undo all of those ef- programs do not duplicate other federal pro- amendment to gut the Appalachian Regional forts. At a time when the Appalachian people grams. ARC programs respond to locally iden- Commission ARC, just as we prepare to cut need the sustained help to achieve their po- tified needs and are extremely flexible in their the ribbon on a new wastewater treatment tential, this amendment would pull the rug out ability to quickly respond to the unique prob- system for Baghdad paid for by the American from underneath them. lems of the Appalachian region. people. The ARC provides vital infrastructure Madam Chairman, that’s just wrong. It’s The ARC’s record is truly impressive. Under investments throughout Appalachia, a histori- crass, and it’s craven. its tenure, the number of distressed counties cally distressed area of the country that spans Madam Chairman, that great West Virginian, has been cut by more than half, from 223 in 13 states including all of West Virginia, my Senator ROBERT BYRD, is the sponsor of a 1965 to 91 in 2004. Furthermore, the poverty home state. Senate bill to complete construction of the Ap- rate has been cut by more than half, from 31 In the 1960s, President Johnson carried out palachian Development Highway System. I percent to 13 percent. Infant mortality has a promise to help raise the Appalachian region proudly note that I am the sponsor of the dropped significantly, high school graduation out of its crushing poverty when he formed the House version of the same bill, H.R. 2381, rates now mirror those of the nation as a ARC. His efforts created a federal-state part- which is cosponsored by my fellow West Vir- whole, and more than 800,000 Appalachian nership that works with the people of Appa- ginian and close friend, ALAN MOLLOHAN, and residents have access to clean water and lachia to create opportunities for self-sus- that stalwart ARC supporter from Ohio, my taining economic development and improved sanitation facilities through ARC projects. friend TED STRICKLAND. Each of us recognizes In 2003, the ARC’s ‘‘smart business’’ ap- quality of life. the value of the Appalachian Regional Com- Today, the ARC plays an integral role in proach leveraged $185,905,000 in other public mission. funds, and over $464,107,000 in private funds. providing for development and jobs throughout I urge my colleagues recognize that value Much work still needs to be done. This re- 410 counties across a 200,000 square mile re- too. gion. And, the Appalachian region is dramati- I urge my colleagues to remember the ARC gion has been disproportionately hard hit by cally improved because of this effort. is a worthwhile program that has benefited so loss of jobs in the manufacturing sector. One Madam Chairman, some have questioned many lives, and continues to do so. out of every five jobs lost in manufacturing has the value of the ARC. In response, I would like Vote against this amendment. been in Appalachia. In northern Appalachia, to note a few examples of the good work the Mr. BOUCHER. Madam Chairman, I rise in the steel industry has likewise suffered major ARC has done most recently in Southern strong opposition to the amendment offered by job losses, while in central Appalachia the West Virginia: the gentleman from Colorado. number of workers in the mining industry con- $1 million grant to the Wyoming County The ARC is a tremendous force for progress tinues to fall. Unemployment rates stubbornly Commission and the eastern Wyoming Public in the region I represent. Almost every water continue to exceed the national average, and Service District (PSD) for construction of a and wastewater project has an element of the Appalachian region continues to suffer new water treatment plant that will allow the ARC funding at its core. from disproportionately high rates of chronic consolidation of seven local providers into a The ARC has helped us build industrial disease such as cardiovascular disease, can- regional water system serving 1549 cus- parks, shell buildings and industrial access cer and diabetes. tomers. Six area communities are currently roads that have enabled broad economic Now is certainly not the time to short- served by small private water systems (origi- growth. change this Commission, which has a proven nally built to serve coal camps) that chronically Community libraries, health care clinics and track record of effectiveness, and efficiency. violate water quality standards. vital broadband deployment projects have Madam Chairman, as I recall the last at- A $250,000 grant to West Virginia Citizens been boosted in my region by the ARC. tempt to dismantle the ARC through a reduc- Conservation Corps, Inc. to the Twin Branch Studies have shown that every dollar ex- tion in funding was overwhelmingly rejected by Recreation and Environmental Education Cen- pended by the ARC on an industry attracting this body by a vote of 328 to 97. I urge my ter near Davy, located on reclaimed mine infrastructure project stimulates $12 in private colleagues to join me once again to reject, re- lands, and with the purpose of developing a investment, creating jobs, improving the econ- soundly and overwhelmingly, this amendment. sustainable outdoor recreation center that omy, and expanding revenues for local gov- Mr. RAHALL. Madam Chairman, I would attract visitors to McDowell County. The ernments. withdraw my reservation of objection. complex will ultimately include trailheads on The ARC has helped us tremendously, and The CHAIRMAN pro tempore. Is the Hatfield-McCoy trail system, campsites we need its help in the future as much as in there further objection to the request and cabins, a retreat center, and an environ- past years. of the gentleman from Colorado? mental education center. I urge defeat of the amendment and full There was no objection. Other recent ARC projects about which I funding for the Appalachian Regional Commis- The CHAIRMAN pro tempore. The have proudly spoken in the recent past in- sion. amendment is withdrawn. clude: Mr. OBERSTAR. Madam Chairman, I rise in Ms. LORETTA SANCHEZ of Cali- A $100,000 grant to the Prichard, WV Public strong opposition to the amendment offered by fornia. Madam Chairman, I move to Service District to construct a wastewater col- the gentleman from Colorado. strike the last word.

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.078 H25PT1 H5118 CONGRESSIONAL RECORD — HOUSE June 25, 2004 Madam Chairman, I rise in strong preciate the new policy that the gen- Since this time, the administration support of the Energy and Water Devel- tleman is trying to move forward. has come forward with numbers and opment Appropriations Act, H.R. 4614. I Again, I am just concerned, as this is a with a global threat initiative focus- would, however, like to ask the distin- major project for almost 4 million peo- ing, in particular, on consolidation of guished chairman about language in ple in that area, and we are at that nuclear material. And the answer is, to the bill report that would require the point where we are really going to get accelerate this program significantly, Army Corps of Engineers to seek con- a lot of it done, and we need those they can do so with a very small gressional approval whenever the Corps funds to be brought back in. amount of money, and that is the $5 reprograms funds for major water de- Mr. HOBSON. Madam Chairman, I million we are proposing to move. velopment programs. agree. It takes that money from the admin- b 1300 AMENDMENT OFFERED BY MRS. WILSON OF NEW istrative line in the Department. I MEXICO would note that the Department ad- My district in Orange County, Cali- Mrs. WILSON of New Mexico. Madam ministration has been increased by $28 fornia, would be particularly affected Chairman, I offer an amendment. million over the previous year, and I by any changes to the reprogramming The Clerk read as follows: think that a priority must be for this policy. In recent years, the Army Corps Amendment offered by Mrs. WILSON of New House to make very clear that we wish of Engineers reprogrammed between Mexico: to accelerate the consolidation of high- $10 million to $12 million that Congress Page 21, line 16, after the dollar amount, ly enriched uranium around the world. had originally appropriated to shore up insert ‘‘(reduced by $5,000,000)’’. I would also, Madam Chairman, like flood protection along the Santa Ana Page 23, line 16, after the dollar amount, to express my concerns about other River in my area. insert ‘‘(increased by $5,000,0000’’. problems in the report language to We are now in dire need of that Mrs. WILSON of New Mexico (during this, that accompanies this bill. I in- money to continue building up our the reading). Madam Chairman, I ask tend to vote in favor of this bill. We flood protection for the growing urban unanimous consent that the amend- cannot amend report language, because communities in Orange, Riverside, and ment be considered as read and printed report language does not have the sta- San Bernardino counties. in the RECORD. tus of law. But when I vote ‘‘yes,’’ I am Without the successful completion of The CHAIRMAN pro tempore (Mrs. not voting ‘‘yes’’ on the report lan- the project, the corps estimates that BIGGERT). Is there objection to the re- guage. There are serious problems with over 3.35 million people would be en- quest of the gentlewoman from New the report language: inconsistencies in dangered and that it could probably de- Mexico? the report language with actually stroy up to $15 billion in property value There was no objection. other elements of law. But the overall if we do not get that project completed. Mr. HOBSON. Madam Chairman, I numbers in the bill will allow the De- So I am asking the distinguished ask unanimous consent that debate on partment of Energy to carry out its chairman, will the Army Corps con- this amendment and any amendments important work for the Nation, and the tinue to have the authority to ship thereto be limited to 10 minutes to be weapons program in particular is fund- money back to those ongoing projects equally divided and controlled by the ed at $6.5 billion. from which it had previously borrowed? proponent and myself, the opponent. I understand there is report language The CHAIRMAN pro tempore. Is I would particularly like to applaud directing the court to return funds to there objection to the request of the the chairman on his increase in re- appropriated programs. I would like to gentleman from Ohio? search in the Office of Science, and I know, would this apply to the Santa There was no objection. would urge support of my amendment Ana River Mainstem project? Mrs. WILSON of New Mexico. Madam and the acceptance of the amendment Mr. HOBSON. Madam Chairman, will Chairman, I yield myself such time as so that we can accelerate the consoli- the gentlewoman yield? I may consume. dation of this material elsewhere and Ms. LORETTA SANCHEZ of Cali- (Mrs. WILSON of New Mexico asked accelerate the transitioning of reactors fornia. I yield to the gentleman from and was given permission to revise and around the world from using highly en- Ohio. extend her remarks.) riched uranium which can be used in Mr. HOBSON. Madam Chairman, I Mrs. WILSON of New Mexico. Madam nuclear weapons to low-enriched ura- thank the gentlewoman for her support Chairman, this amendment transfers $5 nium, which cannot. and her inquiry. million from administrative accounts Madam Chairman, I reserve the bal- I would assure her that nothing in in the Department of Energy to two ance of my time. the bill or the report would prevent the different programs in the Defense Nu- Mr. HOBSON. Madam Chairman, I Army Corps of Engineers from return- clear Nonproliferation account. Those rise in opposition to this amendment, ing funds to donor projects. In fact, as two programs do two things: first, ac- and I yield myself such time as I may the gentlewoman has observed, the bill celerate the return of highly enriched consume. report includes language that specifi- uranium from Russian-built reactors We have been very generous to a lot cally instructs the corps to be as dili- abroad and transition those reactors to of the accounts in here. Some of the ac- gent in returning funds as it has been low-enriched uranium; and, secondly, counts we have taken money away in reprogramming them. Again, I convert other reactors to low-enriched from that are being stripped out here. thank the gentlewoman from Cali- uranium. I would oppose this amendment. Non- fornia for her inquiry and hope this All of us here understand the dif- proliferation is very important. Over clarification has worked to address her ficulty and the importance of non- the years we have continued to fund concerns. proliferation efforts. One of the most nonproliferation, even sometimes when The ranking member and I have un- successful efforts has been working the accounts were carried very high. I dertaken a very strong look at the with the Russians and with others to think this amendment is not meri- reprogrammings in the Corps of Engi- consolidate highly enriched uranium, torious at this time; and, therefore, I neers, much more so than in past because the material is the most dif- oppose the amendment. years, and we are making them report ficult thing to get in order to build a Madam Chairman, I yield such time to us, and we are signing off on them, nuclear weapon. as he may consume to the gentleman and we are watching these much more In the House Committee on Armed from Indiana (Mr. VISCLOSKY). diligently than we had been in the Services we had discussions about Mr. VISCLOSKY. Madam Chairman, past, and we think it will work out whether these programs could be accel- I simply want to rise to associate my- much better in the future. erated and how fast they could be ac- self with the gentleman’s remarks and Ms. LORETTA SANCHEZ of Cali- celerated. Unfortunately, we did not the gentleman’s objection. I do appre- fornia. Madam Chairman, I know that get answers to those questions before ciate the intent, and I do want to work the gentleman from Ohio (Mr. HOBSON) the Defense authorization bill passed with the gentlewoman as we proceed at as the other subcommittee had been this House, and we will have to address conference, but I am opposed to the able to tighten things up also, and I ap- it in conference. amendment.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.079 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5119 Mrs. WILSON of New Mexico. Madam No. 1, which shall be debatable for 10 URANIUM ENRICHMENT DECONTAMINATION AND Chairman, I yield myself such time as minutes; an amendment by Mr. INSLEE DECOMMISSIONING FUND I may consume. regarding the reclassification of nu- For necessary expenses in carrying out It seems to me that this is a small clear waste, which shall be debatable uranium enrichment facility decontamina- price to pay to accelerate one of the for 10 minutes; and an amendment by tion and decommissioning, remedial actions, and other activities of title II of the Atomic most important programs for the coun- Mr. MEEHAN regarding a transfer of Energy Act of 1954, as amended, and title X, try in order to fight the problem of funds between NNSA and the non-pro- subtitle A, of the Energy Policy Act of 1992, proliferation of weapons of mass de- liferation account, which shall be de- $500,200,000, to be derived from the Fund, to struction. It is a very, very small batable for 20 minutes. remain available until expended, of which amount of money. And if we weigh the Each such amendment may be offered $100,614,000 shall be available in accordance importance of administration and the only by the Member designated in this with title X, subtitle A, of the Energy Policy importance of rapidly accelerating one request, or the designee, or the Member Act of 1992. of the most important programs and who caused it to be printed, or a des- NON-DEFENSE ENVIRONMENTAL SERVICES consolidating weapons-grade uranium ignee, shall be considered as read, shall For Department of Energy expenses nec- that was formerly in the former Soviet not be subject to amendment, and shall essary for non-defense environmental serv- Union, I think there is no question not be subject to a demand for a divi- ices activities that indirectly support the ac- celerated cleanup and closure mission at en- about what our priorities as a Nation sion of the question in the House or in vironmental management sites, including should be. It is a small amount of the Committee of the Whole. the purchase, construction, and acquisition money; and, frankly, I am a little sur- Each amendment shall be debatable of plant and capital equipment and other prised that it was not just accepted by for the time specified, equally divided necessary expenses, $291,296,000, to remain the committee. and controlled by the proponent and an available until expended. Madam Chairman, I yield back the opponent. SCIENCE balance of my time. The SPEAKER pro tempore. Is there For Department of Energy expenses includ- Mr. HOBSON. Madam Chairman, I objection to the request of the gen- ing the purchase, construction and acquisi- yield back the balance of my time. tleman from Ohio? tion of plant and capital equipment, and The CHAIRMAN pro tempore. The There was no objection. other expenses necessary for science activi- ties in carrying out the purposes of the De- question is on the amendment offered f by the gentlewoman from New Mexico partment of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (Mrs. WILSON). ENERGY AND WATER DEVELOP- MENT APPROPRIATIONS ACT, or condemnation of any real property or fa- The question was taken; and the cility or for plant or facility acquisition, Chairman pro tempore announced that 2005 construction, or expansion, and purchase of the noes appeared to have it. The SPEAKER pro tempore. Pursu- not to exceed four passenger motor vehicles Mrs. WILSON of New Mexico. Madam ant to House Resolution 694 and rule for replacement only, including one ambu- Chairman, I demand a recorded vote. XVIII, the Chair declares the House in lance, $3,599,964,000, to remain available until The CHAIRMAN pro tempore. Pursu- the Committee of the Whole House on expended. ant to clause 6 of rule XVIII, further the State of the Union for the further DEPARTMENTAL ADMINISTRATION proceedings on the amendment offered consideration of the bill, H.R. 4614. For salaries and expenses of the Depart- by the gentlewoman from New Mexico ment of Energy necessary for departmental b 1311 administration in carrying out the purposes (Mrs. WILSON) will be postponed. of the Department of Energy Organization Mr. HOBSON. Madam Chairman, I IN THE COMMITTEE OF THE WHOLE Act (42 U.S.C. 7101 et seq.), including the hire move that the Committee do now rise. Accordingly, the House resolved of passenger motor vehicles and official re- The motion was agreed to. itself into the Committee of the Whole ception and representation expenses (not to Accordingly, the Committee rose; House on the State of the Union for the exceed $35,000), $243,876,000, to remain avail- and the Speaker pro tempore (Mr. further consideration of the bill (H.R. able until expended, plus such additional SHIMKUS) having assumed the chair, 4614) making appropriations for energy amounts as necessary to cover increases in Mrs. BIGGERT, Chairman pro tempore and water development for the fiscal the estimated amount of cost of work for of the Committee of the Whole House year ending September 30, 2005, and for others notwithstanding the provisions of the on the State of the Union, reported Anti-Deficiency Act (31 U.S.C. 1511 et seq.): other purposes, with Mrs. BIGGERT Provided, That such increases in cost of work that that Committee, having had under (Chairman pro tempore) in the chair. are offset by revenue increases of the same consideration the bill (H.R. 4614) mak- The Clerk read the title of the bill. or greater amount, to remain available until ing appropriations for energy and The CHAIRMAN pro tempore. When expended: Provided further, That moneys re- water development for the fiscal year the Committee of the Whole rose ear- ceived by the Department for miscellaneous ending September 30, 2005, and for lier today, a recorded vote demanded revenues estimated to total $122,000,000 in other purposes, had come to no resolu- on the amendment offered by the gen- fiscal year 2005 may be retained and used for operating expenses within this account, and tion thereon. tlewoman from New Mexico (Mrs. WIL- may remain available until expended, as au- f SON) had been postponed. thorized by section 201 of Public Law 95–238, Pursuant to the order of the House of LIMITATION ON AMENDMENTS notwithstanding the provisions of 31 U.S.C. today, the bill shall be considered as DURING FURTHER CONSIDER- 3302: Provided further, That the sum herein read and open for amendment at any ATION OF H.R. 4614, ENERGY AND appropriated shall be reduced by the amount point from page 19, line 16 through the of miscellaneous revenues received during WATER DEVELOPMENT APPRO- end of the bill. fiscal year 2005, and any related unappropri- PRIATIONS ACT, 2005 The text of the bill from page 19, line ated receipt account balances remaining Mr. HOBSON. Mr. Speaker, I ask 16 through the end of the bill is as fol- from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2005 appro- unanimous consent that during further lows: consideration of H.R. 4614 in the Com- priation from the general fund estimated at NON-DEFENSE SITE ACCELERATION not more than $121,876,000. mittee of the Whole, pursuant to House COMPLETION OFFICE OF THE INSPECTOR GENERAL Resolution 694, that the bill shall be For Department of Energy expenses, in- considered as read and open for amend- For necessary expenses of the Office of the cluding the purchase, construction, and ac- Inspector General in carrying out the provi- ment at any point from page 19, line 16 quisition of plant and capital equipment and sions of the Inspector General Act of 1978, as through the end of the bill; points of other expenses necessary for non-defense en- amended, $41,508,000, to remain available order against provisions in the bill vironmental management site acceleration until expended. completion activities in carrying out the shall be permitted to be raised at any ATOMIC ENERGY DEFENSE ACTIVITIES purposes of the Department of Energy Orga- time; no further amendment to the bill NATIONAL NUCLEAR SECURITY may be offered, except: pro forma nization Act (42 U.S.C. 7101 et seq.), includ- ing the acquisition or condemnation of any ADMINISTRATION amendments offered by the chairman real property or any facility or for plant or WEAPONS ACTIVITIES or ranking member of the Committee facility acquisition, construction, or expan- For Department of Energy expenses, in- on Appropriations or their designees sion, $151,850,000, to remain available until cluding the purchase, construction, and ac- for the purpose of debate; amendment expended. quisition of plant and capital equipment and

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other incidental expenses necessary for DEFENSE NUCLEAR WASTE DISPOSAL FALCON AND AMISTAD OPERATING AND atomic energy defense weapons activities in For nuclear waste disposal activities to MAINTENANCE FUND carrying out the purposes of the Department carry out the purposes of Public Law 97–425, For operation, maintenance, and emer- of Energy Organization Act (42 U.S.C. 7101 et as amended, including the acquisition of real gency costs for the hydroelectric facilities at seq.), including the acquisition or condemna- property or facility construction or expan- the Falcon and Amistad Dams, $2,827,000, to tion of any real property or any facility or sion, $131,000,000, to remain available until remain available until expended, and to be for plant or facility acquisition, construc- expended. derived from the Falcon and Amistad Oper- tion, or expansion; and the purchase of not ating and Maintenance Fund of the Western POWER MARKETING ADMINISTRATIONS to exceed 19 passenger motor vehicles, for re- Area Power Administration, as provided in placement only, including not to exceed two BONNEVILLE POWER ADMINISTRATION FUND section 423 of the Foreign Relations Author- buses; $6,514,424,000 to remain available until Expenditures from the Bonneville Power ization Act, Fiscal Years 1994 and 1995. expended. Administration Fund, established pursuant FEDERAL ENERGY REGULATORY COMMISSION DEFENSE NUCLEAR NONPROLIFERATION to Public Law 93–454, are approved for offi- SALARIES AND EXPENSES cial reception and representation expenses in For Department of Energy expenses, in- For necessary expenses of the Federal En- an amount not to exceed $1,500. During fiscal cluding the purchase, construction and ac- ergy Regulatory Commission to carry out year 2005, no new direct loan obligations may quisition of plant and capital equipment and the provisions of the Department of Energy be made. other incidental expenses necessary for Organization Act (42 U.S.C. 7101 et seq.), in- atomic energy defense, defense nuclear non- OPERATION AND MAINTENANCE, SOUTHEASTERN cluding services as authorized by 5 U.S.C. proliferation activities, in carrying out the POWER ADMINISTRATION 3109, the hire of passenger motor vehicles, purposes of the Department of Energy Orga- For necessary expenses of operation and and official reception and representation ex- nization Act (42 U.S.C. 7101 et seq.), includ- maintenance of power transmission facilities penses (not to exceed $3,000), $210,000,000, to ing the acquisition or condemnation of any and of marketing electric power and energy, remain available until expended: Provided, real property or any facility or for plant or including transmission wheeling and ancil- That, notwithstanding any other provision facility acquisition, construction, or expan- lary services, pursuant to the provisions of of law, not to exceed $210,000,000 of revenues sion, $1,348,647,000, to remain available until section 5 of the Flood Control Act of 1944 (16 from fees and annual charges, and other expended. U.S.C. 825s), as applied to the southeastern services and collections in fiscal year 2005 NAVAL REACTORS power area, $5,200,000, to remain available shall be retained and used for necessary ex- For Department of Energy expenses nec- until expended: Provided, That, notwith- penses in this account, and shall remain essary for naval reactors activities to carry standing the provisions of 31 U.S.C. 3302, up available until expended: Provided further, out the Department of Energy Organization to $34,000,000 collected by the Southeastern That the sum herein appropriated from the Act (42 U.S.C. 7101 et seq.), including the ac- Power Administration pursuant to the Flood general fund shall be reduced as revenues are quisition (by purchase, condemnation, con- Control Act of 1944 to recover purchase received during fiscal year 2005 so as to re- struction, or otherwise) of real property, power and wheeling expenses shall be cred- sult in a final fiscal year 2005 appropriation plant, and capital equipment, facilities, and ited to this account as offsetting collections, from the general fund estimated at not more facility expansion, $807,900,000, to remain to remain available until expended for the than $0. available until expended. sole purpose of making purchase power and GENERAL PROVISIONS OFFICE OF THE ADMINISTRATOR wheeling expenditures. DEPARTMENT OF ENERGY For necessary expenses of the Office of the OPERATION AND MAINTENANCE, SEC. 301. (a)(1) None of the funds in this or Administrator in the National Nuclear Secu- SOUTHWESTERN POWER ADMINISTRATION any other appropriations Act for fiscal year rity Administration, including official recep- For necessary expenses of operation and 2005 or any previous fiscal year may be used tion and representation expenses (not to ex- maintenance of power transmission facilities to make payments for a noncompetitive ceed $12,000), $356,200,000, to remain available and of marketing electric power and energy, management and operating contract unless until expended. for construction and acquisition of trans- the Secretary of Energy has published in the ENVIRONMENTAL AND OTHER DEFENSE mission lines, substations and appurtenant Federal Register and submitted to the Com- ACTIVITIES facilities, and for administrative expenses, mittees on Appropriations of the House of including official reception and representa- Representatives and the Senate a written no- DEFENSE SITE ACCELERATION COMPLETION tion expenses in an amount not to exceed tification, with respect to each such con- For Department of Energy expenses, in- $1,500 in carrying out the provisions of sec- tract, of the Secretary’s decision to use com- cluding the purchase, construction, and ac- tion 5 of the Flood Control Act of 1944 (16 petitive procedures for the award of the con- quisition of plant and capital equipment and U.S.C. 825s), as applied to the southwestern tract, or to not renew the contract, when the other expenses necessary for atomic energy power area, $29,352,000, to remain available term of the contract expires. defense site acceleration completion activi- until expended: Provided, That, notwith- (2) Paragraph (1) does not apply to an ex- ties in carrying out the purposes of the De- standing the provisions of 31 U.S.C. 3302, up tension for up to two years of a noncompeti- partment of Energy Organization Act (42 to $1,800,000 collected by the Southwestern tive management and operating contract, if U.S.C. 7101 et seq.), including the acquisition Power Administration pursuant to the Flood the extension is for purposes of allowing or condemnation of any real property or any Control Act of 1944 to recover purchase time to award competitively a new contract, facility or for plant or facility acquisition, power and wheeling expenses shall be cred- to provide continuity of service between con- construction, or expansion, $5,930,837,000, to ited to this account as offsetting collections, tracts, or to complete a contract that will remain available until expended. to remain available until expended for the not be renewed. DEFENSE ENVIRONMENTAL SERVICES sole purpose of making purchase power and (b) In this section: (1) The term ‘‘noncompetitive management For Department of Energy expenses nec- wheeling expenditures. and operating contract’’ means a contract essary for defense-related environmental CONSTRUCTION, REHABILITATION, OPERATION that was awarded more than 50 years ago services activities that indirectly support AND MAINTENANCE, WESTERN AREA POWER without competition for the management the accelerated cleanup and closure mission ADMINISTRATION and operation of Ames Laboratory, Argonne at environmental management sites, includ- For carrying out the functions authorized National Laboratory, Lawrence Berkeley Na- ing the purchase, construction, and acquisi- by title III, section 302(a)(1)(E) of the Act of tional Laboratory, Lawrence Livermore Na- tion of plant and capital equipment and August 4, 1977 (42 U.S.C. 7152), and other re- tional Laboratory, and Los Alamos National other necessary expenses, and the purchase lated activities including conservation and Laboratory. of not to exceed three ambulances for re- renewable resources programs as authorized, (2) The term ‘‘competitive procedures’’ has placement only, $957,976,000, to remain avail- including official reception and representa- the meaning provided in section 4 of the Of- able until expended. tion expenses in an amount not to exceed fice of Federal Procurement Policy Act (41 OTHER DEFENSE ACTIVITIES $1,500, $173,100,000, to remain available until U.S.C. 403) and includes procedures described For Department of Energy expenses, in- expended, of which $170,756,000 shall be de- in section 303 of the Federal Property and cluding the purchase, construction, and ac- rived from the Department of the Interior Administrative Services Act of 1949 (41 quisition of plant and capital equipment and Reclamation Fund: Provided, That, notwith- U.S.C. 253) other than a procedure that solic- other expenses, necessary for atomic energy standing the provisions of 31 U.S.C. 3302, up its a proposal from only one source. defense, other defense activities, and classi- to $186,000,000 collected by the Western Area (c) For all management and operating con- fied activities, in carrying out the purposes Power Administration pursuant to the Flood tracts other than those listed in subsection of the Department of Energy Organization Control Act of 1944 and the Reclamation (b)(1), none of the funds appropriated by this Act (42 U.S.C. 7101 et seq.), including the ac- Project Act of 1939 to recover purchase power Act may be used to award a management and quisition or condemnation of any real prop- and wheeling expenses shall be credited to operating contract, or award a significant erty or any facility or for plant or facility this account as offsetting collections, to re- extension or expansion to an existing man- acquisition, construction, or expansion, main available until expended for the sole agement and operating contract, unless such $697,059,000, to remain available until ex- purpose of making purchase power and contract is awarded using competitive proce- pended. wheeling expenditures. dures or the Secretary of Energy grants, on

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a case-by-case basis, a waiver to allow for SEC. 308. The Administrator of the Na- (c) The President may waive the applica- such a deviation. The Secretary may not del- tional Nuclear Security Administration may tion of subsection (a) to a country if the egate the authority to grant such a waiver. authorize the manager of a covered nuclear President determines and certifies to Con- At least 60 days before a contract award for weapons research, development, testing or gress that the waiver will not result in any which the Secretary intends to grant such a production facility to engage in research, de- increased risk that the country receiving the waiver, the Secretary shall submit to the velopment, and demonstration activities waiver will acquire nuclear weapons, nuclear Committees on Appropriations of the House with respect to the engineering and manu- reactors, or any materials or components of of Representatives and the Senate a report facturing capabilities at such facility in nuclear weapons and— notifying the Committees of the waiver and order to maintain and enhance such capabili- (1) the government of such country has not setting forth, in specificity, the substantive ties at such facility: Provided, That of the within the preceding 12-month period will- reasons why the Secretary believes the re- amount allocated to a covered nuclear weap- fully aided or abetted the international pro- quirement for competition should be waived ons facility each fiscal year from amounts liferation of nuclear explosive devices to in- for this particular award. available to the Department of Energy for dividuals or groups or willfully aided and SEC. 302. None of the funds appropriated by such fiscal year for national security pro- abetted an individual or groups in acquiring this Act may be used to— grams, not more than an amount equal to 2 unsafeguarded nuclear materials; (1) develop or implement a workforce re- percent of such amount may be used for (2) in the judgment of the President, the structuring plan that covers employees of these activities: Provided further, That for government of such country has provided the Department of Energy; or purposes of this section, the term ‘‘covered adequate, verifiable assurances that it will nuclear weapons facility’’ means the fol- (2) provide enhanced severance payments cease its support for acts of international lowing: or other benefits for employees of the De- terrorism; (1) the Kansas City Plant, Kansas City, partment of Energy under section 3161 of the (3) the waiver of that subsection is in the Missouri; National Defense Authorization Act for Fis- vital national security interest of the United (2) the Y–12 Plant, Oak Ridge, Tennessee; cal Year 1993 (P.L. 102–484; 42 U.S.C. 7274h). States; or (3) the Pantex Plant, Amarillo, Texas; SEC. 303. None of the funds appropriated by (4) such a waiver is essential to prevent or (4) the Savannah River Plant, South Caro- this Act may be used to augment the funds respond to a serious radiological hazard in lina; and made available for obligation by this Act or the country receiving the waiver that may (5) the Nevada Test Site. any other appropriations Act for fiscal year or does threaten public health and safety. SEC. 309. Funds appropriated by this or any 2005 or any previous fiscal year for severance other Act, or made available by the transfer (d) This section shall apply with respect to payments and other benefits and community of funds in this Act, for intelligence activi- exports that have been approved for transfer assistance grants under section 3161 of the ties are deemed to be specifically authorized as of the date of the enactment of this Act National Defense Authorization Act for Fis- by the Congress for purposes of section 504 of but have not yet been transferred as of that cal Year 1993 (P.L. 102–484; 42 U.S.C. 7274h) the National Security Act of 1947 (50 U.S.C. date. unless the Department of Energy submits a 414) during fiscal year 2005 until the enact- TITLE IV reprogramming request subject to approval ment of the Intelligence Authorization Act INDEPENDENT AGENCIES by the appropriate congressional commit- for fiscal year 2005. APPALACHIAN REGIONAL COMMISSION tees. SEC. 310. None of the funds made available SEC. 304. None of the funds appropriated by in this or any other appropriations Act for For expenses necessary to carry out the this Act may be used to prepare or initiate fiscal year 2005 or any previous fiscal year programs authorized by the Appalachian Re- Requests For Proposals (RFPs) for a pro- may be used to select a site for a Modern Pit gional Development Act of 1965, as amended, gram if the program has not been funded by Facility during fiscal year 2005. for necessary expenses for the Federal Co- Congress. SEC. 311. None of the funds made available Chairman and the alternate on the Appa- (TRANSFERS OF UNEXPENDED BALANCES) in this Act for fiscal year 2005 or any pre- lachian Regional Commission, for payment SEC. 305. The unexpended balances of prior vious fiscal year may be used to finance lab- of the Federal share of the administrative appropriations provided for activities in this oratory directed research and development expenses of the Commission, including serv- Act may be transferred to appropriation ac- activities at Department of Energy labora- ices as authorized by 5 U.S.C. 3109 and hire of counts for such activities established pursu- tories on behalf of other Federal agencies. passenger motor vehicles, $38,500,000, to re- SEC. 312. (a) None of the funds made avail- ant to this title. Balances so transferred may main available until expended. able by this Act may be used to issue any li- be merged with funds in the applicable estab- DEFENSE NUCLEAR FACILITIES SAFETY BOARD cense, approval, or authorization for the ex- lished accounts and thereafter may be ac- port or reexport, or transfer, or retransfer, SALARIES AND EXPENSES counted for as one fund for the same time pe- whether directly or indirectly, of nuclear For necessary expenses of the Defense Nu- riod as originally enacted. materials and equipment or sensitive nu- clear Facilities Safety Board in carrying out SEC. 306. None of the funds in this or any clear technology, including items and assist- activities authorized by the Atomic Energy other Act for the Administrator of the Bon- ance authorized by section 57 b. of the Atom- Act of 1954, as amended by Public Law 100– neville Power Administration may be used to ic Energy Act of 1954 and regulated under 456, section 1441, $20,268,000, to remain avail- enter into any agreement to perform energy part 810 of title 10, Code of Federal Regula- able until expended. efficiency services outside the legally de- tions, and nuclear-related items on the Com- fined Bonneville service territory, with the DELTA REGIONAL AUTHORITY merce Control List maintained under part SALARIES AND EXPENSES exception of services provided internation- 774 of title 15 of the Code of Federal Regula- ally, including services provided on a reim- tions, to any country whose government has For necessary expenses of the Delta Re- bursable basis, unless the Administrator cer- been identified by the Secretary of State as gional Authority and to carry out its activi- tifies in advance that such services are not engaged in state sponsorship of terrorist ac- ties, as authorized by the Delta Regional Au- available from private sector businesses. tivities (specifically including any country thority Act of 2000, as amended, notwith- SEC. 307. When the Department of Energy the government of which has been deter- standing sections 382C(b)(2), 382F(d), and makes a user facility available to univer- mined by the Secretary of State under sec- 382M(b) of said Act, $2,096,000, to remain sities or other potential users, or seeks input tion 620A(a) of the Foreign Assistance Act of available until expended. from universities or other potential users re- 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the NUCLEAR REGULATORY COMMISSION garding significant characteristics or equip- Export Administration Act of 1979 (50 U.S.C. SALARIES AND EXPENSES ment in a user facility or a proposed user fa- App. 2405(j)(1)), or section 40(d) of the Arms cility, the Department shall ensure broad Export Control Act (22 U.S.C. 2780(d)) to have For necessary expenses of the Commission public notice of such availability or such repeatedly provided support for acts of inter- in carrying out the purposes of the Energy need for input to universities and other po- national terrorism). Reorganization Act of 1974, as amended, and tential users. When the Department of En- (b) This section shall not apply to exports, the Atomic Energy Act of 1954, as amended, ergy considers the participation of a univer- reexports, transfers, or retransfers of radi- including official representation expenses sity or other potential user as a formal part- ation monitoring technologies, surveillance (not to exceed $15,000), and purchase of pro- ner in the establishment or operation of a equipment, seals, cameras, tamper-indica- motional items for use in the recruitment of user facility, the Department shall employ tion devices, nuclear detectors, monitoring individuals for employment, $662,777,000, to full and open competition in selecting such a systems, or equipment necessary to safely remain available until expended: Provided, partner. For purposes of this section, the store, transport, or remove hazardous mate- That of the amount appropriated herein, term ‘‘user facility’’ includes, but is not lim- rials, whether such items, services, or infor- $69,050,000 shall be derived from the Nuclear ited to: (1) a user facility as described in sec- mation are regulated by the Department of Waste Fund: Provided further, That revenues tion 2203(a)(2) of the Energy Policy Act of Energy, the Department of Commerce, or the from licensing fees, inspection services, and 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nu- Nuclear Regulatory Commission, except to other services and collections estimated at clear Security Administration Defense Pro- the extent that such technologies, equip- $534,354,300 in fiscal year 2005 shall be re- grams Technology Deployment Center/User ment, seals, cameras, devices, detectors, or tained and used for necessary salaries and Facility; and (3) any other Departmental fa- systems are available for use in the design or expenses in this account, notwithstanding 31 cility designated by the Department as a construction of nuclear reactors or nuclear U.S.C. 3302, and shall remain available until user facility. weapons. expended: Provided further, That the sum

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.072 H25PT1 H5122 CONGRESSIONAL RECORD — HOUSE June 25, 2004 herein appropriated shall be reduced by the shall be permitted to be raised at any contract or subcontract made with amount of revenues received during fiscal time; no further amendment to the bill funds made available in this act. year 2005 so as to result in a final fiscal year may be offered, except: pro forma I understand the gentleman’s intent 2005 appropriation estimated at not more as far as his motion to strike relative than $128,422,700: Provided further, that none amendments offered by the chairman of the funds made available in this Act or or ranking member of the Committee to jurisdictional issues, but I do believe any other appropriations Act for fiscal year on Appropriations or their designees this is a very key and fundamental 2005, or for any previous fiscal year, may be for the purpose of debate; amendment issue to protect American workers in a used by the Commission to issue a license No. 1, which shall be debatable for 10 living wage in the United States of during fiscal year 2005 to construct or oper- minutes; an amendment by Mr. INSLEE America. And given the problems we ate a new commercial nuclear power plant in regarding the reclassification of nu- have in this country as far as the United States. clear waste, which shall be debatable outsourcing where you have people in- OFFICE OF INSPECTOR GENERAL for 10 minutes; and an amendment by tentionally lying and violating the law For necessary expenses of the Office of In- Mr. MEEHAN regarding a transfer of so the United States of America, we spector General in carrying out the provi- funds between NNSA and the non-pro- ought to protect American workers. sions of the Inspector General Act of 1978, as I thank the gentleman from Ohio amended, $7,518,000, to remain available until liferation account, which shall be de- (Mr. HOBSON) for having this measure expended: Provided, That revenues from li- batable for 20 minutes. censing fees, inspection services, and other Each such amendment may be offered in this legislation. services and collections estimated at only by the member designated in this The CHAIRMAN pro tempore (Mrs. $6,766,200 in fiscal year 2005 shall be retained request, or a designee, or the Member BIGGERT). Does anyone else wish to be and be available until expended, for nec- who caused it to be printed, or a des- heard on the point of order? The gentleman from Ohio (Mr. HOB- essary salaries and expenses in this account, ignee, shall be considered as read, shall notwithstanding 31 U.S.C. 3302: Provided fur- SON) is recognized. ther, That the sum herein appropriated shall not be subject to amendment, and shall Mr. HOBSON. Madam Chairman, I be reduced by the amount of revenues re- not be subject to a demand for a divi- have not agreed totally with my rank- ceived during fiscal year 2005 so as to result sion of the question in the House or in ing member, and I understand the in a final fiscal year 2005 appropriation esti- the Committee of the Whole. chairman’s point of order, but we have mated at not more than $751,800. Each amendment shall be debatable carried this in our bill for a number of NUCLEAR WASTE TECHNICAL REVIEW BOARD for the time specified, equally divided years. We think it has been very pro- SALARIES AND EXPENSES and controlled by the proponent and an ductive to carry this in our bill. As far For necessary expenses of the Nuclear opponent. as I know, in the past it has not been Waste Technical Review Board, as author- POINT OF ORDER ized by Public Law 100–203, section 5051, challenged and to do so now I think $3,177,000, to be derived from the Nuclear Mr. TOM DAVIS of Virginia. Madam sends the wrong messages. But I under- Waste Fund, and to remain available until Chairman, I make a point of order. stand the Chairman’s feeling that this expended. The CHAIRMAN pro tempore. The is legislating on appropriation bills. I TITLE V gentleman will state his point of order. think sometimes that may be nec- GENERAL PROVISIONS Mr. TOM DAVIS of Virginia. I make essary. Maybe we ought to figure out a SEC. 501. None of the funds appropriated by a point of order against section 502. better way to work with him. this Act may be used in any way, directly or This provision violates clause 2(b) of Mr. TOM DAVIS of Virginia. Madam indirectly, to influence congressional action House Rule XXI. It proposes to change Chairman, I say to my friend from Ohio on any legislation or appropriation matters existing law and, therefore, constitutes and my friend from Indiana, they work pending before Congress, other than to com- legislation under an appropriations bill on our committee. We could probably municate to Members of Congress as de- in violation of House rules. structure something that would accom- scribed in 18 U.S.C. 1913. The CHAIRMAN pro tempore. Does SEC. 502. (a) PURCHASE OF AMERICAN-MADE plish the goals that they would like to EQUIPMENT AND PRODUCTS.—It is the sense of any Member wish to be heard on the achieve. But we feel this is legislating the Congress that, to the greatest extent point of order? on an appropriation bill in violation of practicable, all equipment and products pur- Mr. VISCLOSKY. Madam Chairman, House rules. Therefore, I would insist chased with funds made available in this Act if I could ask again which section of on my point of order. should be American-made. the bill the gentleman is looking to The CHAIRMAN pro tempore. The (b) NOTICE REQUIREMENT.—In providing fi- strike. Chair is prepared to rule. nancial assistance to, or entering into any The Chair finds this provision ex- contract with, any entity using funds made Mr. TOM DAVIS of Virginia. Section available in this Act, the head of each Fed- 502. presses a legislative sentiment. The eral agency, to the greatest extent prac- Mr. VISCLOSKY. Madam Chairman, provision, therefore, constitutes legis- ticable, shall provide to such entity a notice I do not know if the Chair is going to lation in violation of clause 2 of rule describing the statement made in subsection uphold the point of order, but I would XXI. (a) by the Congress. simply point out that I think it is a The point of order is sustained and (c) PROHIBITION OF CONTRACTS WITH PER- very important provision in this bill. I the provision is stricken from the bill. SONS FALSELY LABELING PRODUCTS AS MADE POINT OF ORDER IN AMERICA.—If it has been finally deter- appreciate the fact that the chairman mined by a court or Federal agency that any included it in this legislation; and I Mrs. WILSON of New Mexico. Madam person intentionally affixed a label bearing a think from a social and economic Chair, I make a point of order that the ‘‘Made in America’’ inscription, or any in- standpoint, it ought to remain in the final proviso of the Nuclear Regulatory scription with the same meaning, to any legislation. Commission funding, appearing on page product sold in or shipped to the United Section 502, paragraph A states that 39, lines 23 through page 40 line 4, vio- States that is not made in the United States, it is the sense of the Congress that to lates clause 2 of rule XXI of the rules of the person shall be ineligible to receive any the House of Representatives prohib- contract or subcontract made with funds the greatest extent practical, all equip- made available in this Act, pursuant to the ment and products purchased with iting legislation on appropriations debarment, suspension, and ineligibility pro- funds made available in this act should bills. cedures described in sections 9.400 through be American-made. The proviso restricts funding to the Nuclear Regulatory Commission to 9.409 of title 48, Code of Federal Regulations. 1315 SEC. 503. None of the funds made available b issue any commercial nuclear power in this Act may be transferred to any depart- Subsection C of that same section plant licenses using fiscal year 2005 En- ment, agency, or instrumentality of the states that if it has been finally deter- ergy and Water appropriations funds United States Government, except pursuant mined by a court or Federal agency and funds from ‘‘any other appropria- to a transfer made by, or transfer authority provided in, this Act or any other appropria- that any person intentionally affects a tions Act for fiscal year 2005 or any tion Act. label bearing ‘‘Made in America’’ in de- previous year.’’ Because the language This Act may be cited as the ‘‘Energy and scription or any in description with the restricts funding not just for 2005 but Water Development Appropriations Act, same meaning to any product sold or for all previous years, it constitutes 2005’’. shipped in the United States, that is legislation on an appropriations bill. The CHAIRMAN pro tempore. Points not made in the United States, the per- For that reason, the language vio- of order against provisions in the bill son shall be ineligible to receive any lates clause 2 of rule XXI of the rules of

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.072 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5123 the House and is subject to a point of Madam Chairman, this amendment ceed, we have to fund it. Nonprolifera- order. provides an additional $30 million for tion experts at Harvard University and The CHAIRMAN pro tempore. Will the Department of Energy’s Global the nuclear threat initiative headed by the gentlewoman respecify the page Threat Reduction Initiative to secure, Sam Nunn argue that we need an addi- and line. remove, and dispose of nuclear and ra- tional $30 million in fiscal 2005 to re- Mrs. WILSON of New Mexico. Madam diological materials around the world. move highly enriched uranium from 2 Chairman, I believe it is page 39, line 23 In February, President Bush stated dozen vulnerable sites through the through page 40, line 4. in a speech at the National Defense Russian Research Reactor Fuel Return The CHAIRMAN pro tempore. Does University that the greatest risk to the program. any other Member wish to be heard on United States and the world is the pos- This is one of the four existing pro- the point of order? sibility of a nuclear or radiological at- grams that have been under the con- Mr. HOBSON. Madam Chairman, I tack. And I could not agree more. And solidation under the Global Threat Re- strenuously oppose this approach to in today’s world, the most urgent nu- duction Initiative. Some of my col- the bill. Part of the problem we have is clear threat might not be from hostile leagues may argue that we should not there is no other vehicle where we can states, it may be from a non-state ter- be appropriating funds for this new ini- do this. This is a very difficult time in rorist group. tiative before the Energy Department our country. We do not have a nuclear The technology to produce a nuclear has submitted a budget request. But I repository available in this country to bomb is easier to obtain than we might do not think al-Qaeda is waiting for accept the waste that we have today like to believe. Earlier this year, a the next fiscal year to seek nuclear around the country. Pakistani scientist named A.Q. Khan materials. And we should not wait to To go to the folly, the folly of grant- confessed to operating a global black act either. ing new licenses when we do not have market for nuclear technology. The Moreover, programs like the Russian any place to take the material that is head of the International Atomic En- Research Reactor Fuel Return program in Illinois and move it somewhere and ergy Agency, Mohamed El Baradei have a proven track record developed to start granting licenses without a called it a ‘‘veritable nuclear Wal- over many years. In 2001, the United plan in place is not good policy. I do Mart.’’ States, Serbia, Russia, the IAEA and not like having to include this kind of The design for a simple nuclear weap- the Nuclear Threat Initiative worked language in this bill, but I think it is on is not beyond the reach of many ter- together to remove 48 kilograms of po- important to include it to send a mes- rorist groups. The best way, perhaps tentially vulnerable unirradiated HEU sage that the repository is important. the only way, to prevent terrorists from a research facility in Serbia. This The repository is important to the fu- from obtaining nuclear weapons is to was enough material for two and a half ture of this country and the nuclear in- make sure they do not get the ingredi- nuclear bombs. dustry in this country. If we do not ents to make one. Alarmingly, fissile And in December of 2003, the United start taking a stand on this, then we material is in abundant supply around States, Russia, Bulgaria, and the IAEA are going to get things out of whack in the world today. Some 20 tons of highly collaborated to air lift 16.9 kilograms this country to the point where we enriched uranium exist at 345 civilian of HEU from a shut-down research re- have an even more problem and more facilities in 58 countries, enough to actor to Bulgaria to a secure facility in costly problem. make 1,000 nuclear weapons. Russia. Right now, many States in this coun- Many of these are academic or indus- The urgency is clear, we need to be try cannot move their material. They trial facilities that have no more secu- quicker and bolder in securing these are under lawsuits, there are all kinds rity than a night watchman or a chain dangerous nuclear and radiological ma- of problems. This bill, because of some link fence. The threat is real. terials. This amendment would boost other problems, does not move forward The CIA determined in 2002 that funding for the global threat reduction even in my judgment enough to getting weapons grade or weapons-usable mate- initiative by rolling over $30 million in that repository going. rials have been stolen from Russia. Ac- unobligated balances from the National So, therefore, this language is put in cording to the IAEA, there have been Nuclear Science Agencies Weapons Ac- to send a message. I think taking it 18 confirmed thefts involving pluto- tivities Account. out sends absolutely the wrong mes- nium or enriched uranium in the Madam Chairman, I reserve the bal- sage in this country and it should be former Soviet Union. Highly enriched ance my time. retained in this bill. uranium is a dangerous tool in the Mr. HOBSON. Madam Chairman, I The CHAIRMAN pro tempore. Does hands of terrorist groups seeking to de- rise to claim the time in opposition to any other Member wish to be heard on velop nuclear weapons. And we must do the amendment, and I yield myself this point of order? everything in our power to deter this such time as I may consume. The Chair is prepared to rule. threat. I am opposed to the amendment to The Chair finds that this provision The Energy Department already has increase funding for the Global Threat addresses funds in other acts and, several programs aimed at securing nu- Reduction Initiative. I am very sup- therefore, constitutes legislation in clear and radiological materials around portive of the nuclear nonproliferation violation of clause 2 of rule XXI. the world, but they are seriously un- programs in this bill. We provide a sig- The point of order is sustained and derfunded. I was encouraged to hear nificant additional funds for non- the provision is stricken from the bill. that Secretary of Energy Spence Abra- proliferation programs aimed at secur- AMENDMENT OFFERED BY MR. MEEHAN ham unveiled a new global threat re- ing nuclear weapons and weapons grade Mr. MEEHAN. Madam Chairman, I duction initiative last month which nuclear material in Russia where the offer an amendment. will consolidate and accelerate the four threat is really real. We have been The Clerk read as follows: existing programs. This program has there, we have seen it. Amendment offered by Mr. MEEHAN: Page 23, line 5, after the dollar amount, in- been endorsed by political leaders and However, as I have said many times sert ‘‘(reduced by $30,000,000)’’. nonproliferation experts across the po- since taking over the chairmanship of Page 23, line 16, after the dollar amount, litical spectrum. In a recent speech, this subcommittee, I view with great insert ‘‘(increased by $30,000,0000’’. former Senator Sam Nunn calls it a skepticism the large increases that are The CHAIRMAN pro tempore. Pursu- significant global effort. proposed by the National Nuclear Secu- ant to the order of the House of today, If we are serious about preventing rity Administration, particularly when the gentleman from Massachusetts nuclear terrorism we must coopera- these new initiatives are proposed out- (Mr. MEEHAN) and a Member opposed tively and effectively with inter- side the regular annual budget and ap- each will control 10 minutes. national partners to secure quickly or propriations process. The Chair recognizes the gentleman remove the most at risk dangerous ma- Unfortunately, the Department of from Massachusetts (Mr. MEEHAN). terial first, wherever it may be. Energy’s Global Threat Reduction Ini- Mr. MEEHAN. Madam Chairman, I We are in a race between cooperation tiative announcement at a press con- yield myself such time as I may con- and catastrophe. However, if the Global ference in May is a perfect example. sume. Threat Reduction Initiative is to suc- All of the individual programs that

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.086 H25PT1 H5124 CONGRESSIONAL RECORD — HOUSE June 25, 2004 compromise this initiative are in the fort to clean out highly enriched ura- Mr. HOBSON. Mr. Chairman, I yield nonproliferation budget that we have nium around the world. We cannot wait back the balance of my time. funded in this bill. These are not ac- to implement this initiative. Al Qaeda Mr. MEEHAN. Mr. Chairman, I yield tivities that are being left out of the is not waiting, and we must act now. myself such time as I may consume. Department of Energy’s nonprolifera- The Secretary’s initiative will take Just to close, I really think this is an tion budgets. They are funded at the almost a decade to implement, and important issue to the national secu- President’s request. there is no guarantee that nuclear ma- rity of the country, and the reason why I believe we wrote a fair and balanced terial will not be stolen in the interim. we bring the amendment forward is bill in the nuclear nonproliferation Far from it. We must accelerate the nonproliferation experts at Harvard program very well. I do not support time line for this initiative. Tragically University and the Nuclear Threat Ini- changes that are proposed in this today, we find ourselves in a new nu- tiative headed by Sam Nunn have amendment. clear arms race. It is very simply a clearly stated that we need an addi- Let me close by saying I support the race as to whether we can secure nu- tional $30 million in fiscal year 2005 to nonproliferation programs targeted in clear material before the terrorists can remove highly enriched uranium from this amendment. As we prepare for buy or steal it. two dozen vulnerable research reactor conference, I will work with the inter- The Meehan-Schiff amendment pro- sites throughout the Russian reactor ested members to address their con- vides $30 million in additional funding fuel program. That is why we offered the amend- cerns, but I reluctantly urge a no vote for this initiative to get this program underway immediately. ment. This is an amendment that on the amendment. would take up obligated balances from Madam Chairman, I reserve the bal- We have spent countless billions of dollars on the war in Iraq, a war that the National Security Agency’s weap- ance of my time. ons activities account. So I want to be Mr. MEEHAN. Madam Chairman, I was waged to remove stockpiles of weapons of mass destruction from the clear. These are unexpended funds from yield such time as he may consume to fiscal year 2004, and shifting these the gentleman from California (Mr. reach of terrorists. The terrible irony of our present situation is that, while funds will not come at any cost to the SCHIFF), my friend and co-author of we have not found weapons of mass de- NNSA’s weapons program or the Amer- this amendment. ican taxpayers. Instead, they will help Mr. SCHIFF. Madam Chairman, I rise struction in Iraq, we know where there are large stockpiles of weapons of mass safeguard us against dangerous nuclear in support of the Meehan-Schiff amend- destruction, large stockpiles of nuclear and radiological weapons materials, ment to accelerate the funding of the material, and we have a cooperative that if they get in the hands of terror- Global Threat Reduction Initiative. means of securing them and placing ists, as we know they could, could be The most significant threat to the them beyond the reach of terrorists. used to kill thousands or tens of thou- national security of the United States To scrimp on this effort is worse than sands of Americans. is the risk that terrorists will acquire negligent. It is a betrayal of the public I believe, as the gentleman from Cali- the material, the expertise, and the trust. In this race, as Senator Nunn so fornia (Mr. SCHIFF) believes, that this technology to create a nuclear weapon. aptly describes it, we are in a race be- amendment is vital to our national se- Of these three components, the mate- tween cooperation and catastrophe. We curity and to our winning the war on rial, the expertise, and the technology, must not flag or fail in this race. Vote terrorism. Therefore, I urge that my it is the material, highly enriched ura- ‘‘yes’’ on the Schiff-Meehan amend- colleagues’ support this amendment. Mr. Chairman, I yield back the bal- nium or plutonium, that has posed the ment to jump-start the global threat greatest bar to the acquisition of the ance of my time. reduction initiative. The CHAIRMAN pro tempore (Mr. bomb by terrorists. Mr. HOBSON. Mr. Chairman, I yield LINDER). The question is on the amend- such time as he may consume to the b 1330 ment offered by the gentleman from gentleman from California (Mr. And that material is far too easy to Massachusetts (Mr. MEEHAN). SCHIFF). The question was taken; and the obtain. Beginning in the 1950s, the U.S. Mr. SCHIFF. Mr. Chairman, I appre- Chairman pro tempore announced that and Russia exported research reactors ciate the gentleman yielding me this with highly enriched uranium to many the noes appeared to have it. time. Mr. MEEHAN. Mr. Chairman, I de- nations around the world. Today, as I certainly want to congratulate my mand a recorded vote. my colleague pointed out, 345 operating colleagues from California and Massa- or shutdown reactors in 58 countries The CHAIRMAN pro tempore. Pursu- chusetts for bringing this matter to ant to clause 6 of rule XVIII, further possess highly enriched uranium. our attention. I certainly agree with The State Department has identified proceedings on the amendment offered their intent and their assessment of by the gentleman from Massachusetts 24 of the highest priority facilities for the problem we face. It is one reason clean-out operations, because they con- (Mr. MEEHAN) will be postponed. why I am happy that in the bill that Mr. HOBSON. Mr. Chairman, I move tain enough highly enriched uranium was crafted by the subcommittee, there to strike the last word, and I yield to to make a bomb. Many of these facili- is a shift of $177.5 million for priority the gentleman from Illinois (Mr. ties are terrifyingly insecure. targets for nonproliferation. Among SHIMKUS) for the purpose of a colloquy. The energy and water bill contains others, that includes Russia’s strategic Mr. SHIMKUS. Mr. Chairman, I only $9.8 million for global clean-out of rocket forces. It includes megaports. It thank the gentleman for yielding. As these reactors, enough to clean out includes the second-line-of-defense ef- he knows, and he has spoken so elo- only one site per year. At this pace it forts in the Baltics and efforts outside quently about the need for a national will take more than 2 decades to mere- the former Soviet Union. repository at Yucca Mountain, and I ly clean out the top 24. We cannot wait As the chairman had indicated ear- can remember that in the appropria- that long. lier, the Secretary made the announce- tion bill there is $131 million, and this Osama bin Laden has declared that ment of this program in Vienna. He has amount is grossly inadequate for the the acquisition of weapons of mass de- not had discussion or shared specifics Yucca Mountain project. At that fund- struction is a religious duty. After the of the program with the subcommittee ing level, the Department of Energy Taliban was defeated, blueprints of a or committee. There has been no trans- would have to lay off 70 percent of its crude nuclear program were found in mission of the specifics to Congress on Yucca Mountain workforce, the license the deserted al Qaeda headquarters in the program or its implementation. application would be delayed, and the Afghanistan. Does anyone doubt that if So while, again, the intent is excel- repository opening would be delayed al Qaeda could assemble a nuclear lent, against the lack of specifics and beyond the year 2010. All of the spent weapon, they would use it? They would given the prioritization within the bill, nuclear fuel would stay at the 77 field use it. I would reluctantly express my opposi- facilities spread out across the coun- Last month, the Secretary of Energy tion to the amendment, but would sug- try, and this is unacceptable. announced what may be one of the gest that the chairman and I will work Yesterday, the Committee on Energy most important national security ini- with both gentlemen as we proceed to and Commerce passed a 5-year author- tiatives of our time, a $450 million ef- conference relative to DOE’s plan. ization bill, H.R. 3981, that authorizes

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.089 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5125 offsetting collection over 5 years from have it where we have a repository and As the chairman knows, we had an fees paid into the Nuclear Waste Fund. we have to solve this problem. amendment that would have requested Our proposal could help solve the fund- The country has taken a position continued action in the coming year on ing problem and provide the much- that this is where the repository is sup- one of those issues, the selection of a needed funds for Yucca Mountain. posed to go. We have spent money on site for a new modern pit facility. I be- The amounts authorized in H.R. 3981 it, tons of money on it, and it is mov- lieve that Savannah River site is the would be sufficient to keep the Yucca ing forward. This committee, with my leading candidate for the site, and a Mountain project on track and keep ranking member’s help, last year got timely decision on this project would the hundreds of key technical staff em- the Department of Energy to move for- help in planning future operations and ployed in the Las Vegas office of the ward and site the railroad so we can also on job levels. DOE’s Yucca Mountain office. take the politics out of where the rail However, I would like for my good Again, I know of the chairman’s is going to go and not move this mate- friend, the gentleman from South Caro- strong support for the repository in rial, even though it could have done it lina (Mr. BARRETT), to further express Yucca Mountain. through the city of Las Vegas. That the interests of the Savannah River I ask the gentleman from Ohio does not satisfy a lot of people. Some site. (Chairman HOBSON) if he would work people just do not want anything. Mr. BARRETT of South Carolina. with us as we proceed on this bill and Well, we are going to have some- Mr. Chairman, will the gentleman find a way in the conference report to thing. At some point, at some point in yield? move to increase the funding level for this process, in spite of the objections Mr. HOBSON. I yield to the gen- Yucca Mountain. of some people, this will have to be tleman from South Carolina. Mr. HOBSON. Mr. Chairman, I was fixed for the future of this country and Mr. BARRETT of South Carolina. not going to talk very long on this, but the nuclear power industry, but more Mr. Chairman, I thank the chairman since we spent so much time on Cali- importantly, those communities that for yielding to me. fornia before, the time is gone. So I have been promised from this govern- Mr. Chairman, I would also like to might as well vent my emotions a lit- ment that this material would not express my strong support for com- tle bit more than I was going to. stay, the spent fuel would not stay in ments just made by my good friend and In February of this year, when I their communities. colleague, the gentleman from Georgia found out what the proposal was from Mr. VISCLOSKY. Mr. Chairman, I (Mr. BURNS); and it is my hope that in OMB, I tried to reason with him that move to strike the last word, for just conference with the Senate funding this was not a political year to do this one moment. concerns for current and potential pro- with this sort of thing. While I agree I would assure the gentleman from Il- grams at the Savannah River site will with the policy, I did not agree with linois that we all do share his concern. be addressed. the politics of what was going to hap- It is my view we have a policy of the I look forward to working with the pen, because it is very difficult to United States Government, but that we chairman who has been so gracious make the program work, which I must need a repository. with us on future issues related to the As the chairman pointed out, we had say that the Committee on Energy and Savannah River site and would like to an extended conference last year with Commerce worked so well with us to extend a personal invitation to the the other body to make sure that craft. chairman to visit SRS in the upcoming Yucca was fully funded. We had a page The problem is that we were not able months so that he can see this tremen- of permutations as to how to work to get it all done. We are willing to ac- dous asset for our current and future through the situation OMB placed us in cept it. We are willing to carry it, but generations. there are certain things we could not this year. This is not a matter of our Mr. HOBSON. Mr. Chairman, I want get done. We hope that when we get to doing, and I do assure my colleague to thank my colleagues for their work, the conference committee that we can that I and the members of the sub- their very aggressive work, I might fix this. This, at some point in the committee want to work through this add, on behalf of the Savannah River process, in my opinion, must be fixed; with the Chair to make sure we pro- site. That is one site I have not visited but I am outraged at certain people ceed in an expeditious manner, and we in this country yet. We are trying to who put us in this position. We did not have to solve this problem. get around and look at a lot of the dif- Mr. SHIMKUS. Mr. Chairman, will need to be in this position. ferent sites. I have some good friends Last year, this committee, with my the gentleman yield? Mr. VISCLOSKY. I yield to the gen- who live down there so it is a very in- ranking member by my side, came viting place to go and visit. within the most amount of money that tleman from Illinois. Mr. SHIMKUS. Mr. Chairman, I 1345 has gone into Yucca Mountain in re- b thank my colleague, and I would just cent history. Our reward for that was I accept your invitation to visit the also remind people and place in the not to get the money back we needed site and look forward to meeting the record for this debate, the ratepayers this year under the conditions that we men and women doing such important have paid billions of dollars to make could do this without absolute warfare work in your part of the country. this thing move forward, and my rate- and putting a lot of people, including AMENDMENT OFFERED BY MR. INSLEE payers want to see a return on that in- ourselves and the Committee on the Mr. INSLEE. Mr. Chairman, I offer vestment. Budget and everybody else into a very, So I thank the gentleman and I an amendment. very difficult situation. thank the chairman. The CHAIRMAN pro tempore (Mr. While the policy may be good, we Mr. HOBSON. Mr. Chairman, I move LINDER). The Clerk will designate the have to deal with the other body, and to strike the last word. amendment. the other body has not been receptive Mr. Chairman, I would like to enter The text of the amendment is as fol- in some respects to funding Yucca into a colloquy with the gentleman lows: Mountain to the degree it should be from Georgia (Mr. BURNS). Amendment offered by Mr. INSLEE: until last year; but I must share with Mr. BURNS. Mr. Chairman, will the At the end of the bill, before the short my colleague, this is a program that gentleman yield? title, insert the following: this country has taken a position on. It Mr. HOBSON. I yield to the gen- SEC. ll. None of the funds made available is one of the reasons, on the last in this Act may be used by the Department tleman from Georgia. of Energy to make ‘‘waste incidental to re- amendment, that I do not think we can Mr. BURNS. Mr. Chairman, I thank processing’’ determinations in order to re- go forward with new licenses, even the chairman for his hard work over classify high-level radioactive waste. For though we all want new licenses and the past year in bringing this legisla- purposes of this section, the term ‘‘high-level even though I am supportive of the nu- tion to the floor and for his willingness radioactive waste’’ has the meaning given clear industry and of having this avail- to continue working with us, even that term in the Nuclear Waste Policy Act of able so that we can have safe, environ- though we may still face some dif- 1982. mentally safe, quality low-cost power. ferences of opinion on several issues The CHAIRMAN pro tempore. Pursu- We need to have that, but we have to that relate to the Savannah River site. ant to the order of the House of today,

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.091 H25PT1 H5126 CONGRESSIONAL RECORD — HOUSE June 25, 2004 the gentleman from Washington (Mr. done and eliminated some things which time, and I would join in his opposi- INSLEE) and a Member opposed each were nonessential. tion. will control 5 minutes. Now I understand that there are I respect my good friend, however, I Mr. HOBSON. Mr. Chairman, I re- needs that need to be addressed in this have to vehemently disagree. The ad- serve a point of order on the gentle- bill, important needs, but given this ministration has proposed a budget, man’s amendment. year’s budget deficit is still projected and it is up to us to make a determina- The CHAIRMAN pro tempore. The at around $400 billion, I think some of tion as to how to allocate those re- point of order is reserved. these needs should be postponed. sources. The subcommittee has done so Mr. HEFLEY. Mr. Chairman, I ob- Energy and water, I believe, should in a balanced and fair fashion, and I ject. Is it not the policy of the House to have to meet the same kinds of stric- would ask my colleagues to oppose the go from one side to the other side on tures as the other appropriations bills, amendment. these amendments? namely either a freeze or cut. Natu- Mr. HEFLEY. Mr. Chairman, I yield The CHAIRMAN pro tempore. The rally, we will hear about the impact of myself such time as I may consume, Chair recognized the gentleman who a 1 percent cut on certain specific pop- and in closing we are talking about one stood up at the microphone. ular programs, and it is possible a 1 penny on a dollar. And I think many Mr. HEFLEY. Well, that is a dif- percent cut could impact some of the businessmen will tell you if you cannot ferent policy than we have been fol- smallest programs. That is why this find one penny on a dollar of savings, lowing all afternoon, Mr. Chairman. amendment leaves those cuts to the ad- you should not be in business. I think Mr. INSLEE. Mr. Chairman, I would ministration. we should apply that to our govern- be happy to yield to the gentleman, at Mr. Chairman, let us look at what mental spending here in our budget. the Chair’s discretion. the 1 percent cut would mean to other Mr. Chairman, I yield back the bal- The CHAIRMAN pro tempore. The programs. One percent of the $1.87 bil- ance of my time. gentleman from Washington (Mr. INS- lion general construction budget for Mr. HOBSON. Mr. Chairman, I yield LEE) may withdraw his amendment for the Army Corps of Engineers would back the balance of my time. a period of time. total $18.7 million. For one of the The CHAIRMAN pro tempore. The Mr. INSLEE. Mr. Chairman, I ask Corps’ recommendations in my dis- question is on the amendment offered unanimous consent to withdraw my trict, $273,000 for the flood control by the gentleman from Colorado (Mr. amendment at this time. study along Fountain Creek, 1 percent HEFLEY). The CHAIRMAN pro tempore. Is would amount to $2,730. Mr. Chairman, The question was taken; and the there objection to the request of the $2,730, though no doubt the Corps would Chairman pro tempore announced that gentleman from Washington? disagree, I cannot see how they would the noes appeared to have it. There was no objection. miss that particularly. It probably Mr. HEFLEY. Mr. Chairman, I de- would not pay for the printing. mand a recorded vote. AMENDMENT NO. 1 OFFERED BY MR. HEFLEY Mr. Chairman, we have a terrible def- Mr. HEFLEY. Mr. Chairman, I offer The CHAIRMAN pro tempore. Pursu- icit. Our children are going to be pay- ant to clause 6 of rule XVIII, further an amendment. ing for it. Given that context, I do not The CHAIRMAN pro tempore. The proceedings on the amendment offered think asking the administration to by the gentleman from Colorado (Mr. Clerk will designate the amendment. find us a savings of one cent on the dol- HEFLEY) will be postponed. The text of the amendment is as fol- lar is too much to ask. lows: Mr. Chairman, I reserve the balance AMENDMENT OFFERED BY MR. INSLEE Amendment No. 1 offered by Mr. HEFLEY: of my time. Mr. INSLEE. Mr. Chairman, I offer At the end of the bill (before the short Mr. HOBSON. Mr. Chairman, I claim an amendment. title), insert the following: the time in opposition to the amend- The CHAIRMAN pro tempore. The SEC. ll. Total appropriations made in ment and I yield myself such time as I Clerk will designate the amendment. this Act (other than appropriations required may consume. The text of the amendment is as fol- to be made by a provision of law) are hereby Mr. Chairman, I have to oppose this lows: reduced by $279,880,000. amendment. I know there are a lot of Amendment offered by Mr. INSLEE: The CHAIRMAN pro tempore. Pursu- things that one may or may not like in At the end of the bill, before the short ant to the order of the House of today, this bill, but we started off with the title, insert the following: the gentleman from Colorado (Mr. concept in this bill that we would not SEC. ll. None of the funds made available HEFLEY) and a Member opposed each in this Act may be used by the Department do any new starts, no new studies, and of Energy to make ‘‘waste incidental to re- will control 5 minutes. there were a number of things where The Chair recognizes the gentleman processing’’ determinations in order to re- we tried to cut back on because our classify high-level radioactive waste. For from Colorado (Mr. HEFLEY). funds were very limited. And, frankly, purposes of this section, the term ‘‘high-level Mr. HEFLEY. Mr. Chairman, I yield the bill we got out of the Committee on radioactive waste’’ has the meaning given myself such time as I may consume, the Budget would not have allowed us that term in the Nuclear Waste Policy Act of and I hope we do not take near that to do many of the things we did for 1982. much time, but I rise to offer an Members because we were about $400 The CHAIRMAN pro tempore. Pursu- amendment to cut the level of funding million short. ant to the order of the House of today, in this appropriations bill by But due to some shifting around in the gentleman from Washington (Mr. $278,880,000, or approximately 1 percent the Committee on Appropriations, INSLEE) and a Member opposed each of the total outlays of the bill. thanks to the staff and the Members, will control 5 minutes. This amendment is in the form of a we were able to come up with some The Chair recognizes the gentleman retrenchment under the Holman rule. money to help Members. So we have from Washington (Mr. INSLEE.) If we cut these funds, it will be up to done that. Mr. HOBSON. Mr. Chairman, I rise to the administration to decide where the Now, even though this looks like a reserve a point of order on the gentle- cuts should fall. The bill totals ap- small amount of money, when you add man’s amendment. proximately $28 billion, $49.6 million it up, it is a big amount of money and The CHAIRMAN pro tempore. A above the President’s request, and it has a lot of negative effect on a lot point of order is reserved. $734.5 million, or 2.7 percent, over last of projects. Further cuts would just ex- Mr. INSLEE. Mr. Chairman, I yield year. acerbate the problems we have tried to myself such time as I may consume. Now, last week, we debated the inte- do in this finely-tuned bill, so I would Mr. Chairman, I intend to withdraw rior appropriations bill, which actually urge a ‘‘no’’ vote on this bill. my amendment, but prior to that I showed a decrease in funding from last Mr. Chairman, I yield such time as he would like to enter into a colloquy year, and I voted for the bill because I may consume to the gentleman from with the gentleman from Ohio (Mr. thought that was a terrific step in the Indiana (Mr. VISCLOSKY), the ranking HOBSON). right direction towards getting a grip member. First, I would like to thank the on our deficit. It focused on the core Mr. VISCLOSKY. Mr. Chairman, I ap- chairman of the subcommittee, the functions, I think, that needed to be preciate the chairman yielding me this gentleman from Ohio (Mr. HOBSON) and

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.094 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5127 the ranking member, the gentleman House should strongly encourage the Mr. Chairman, my father took me to from Indiana (Mr. VISCLOSKY) for their conferees to the defense authorization the duck blind when I was two years continued support for funding the bill to retain the language in the House old. I have been going there ever since, cleanup at the Hanford site in Wash- Report requiring the Secretary of En- that is half a century or more, and I ington. And I want to particularly ergy to engage the National Research can tell you there is no endangered spe- thank Chairman HOBSON for his stal- Council to study the Department’s cies of ducks in my district. As much wart work in ending this practice of plans to manage its high-level waste as I like duck habitat, it should not be dumping waste in unlined trenches. He streams instead of providing the De- at the expense of funds that are di- has truly been remarkable, and the partment blanket reclassification au- rected to priority habitat for endan- people of the State of Washington ap- thority? gered species, which can go a long ways preciate his efforts. Mr. HOBSON. I agree. towards resolving this Missouri River The Department of Energy has been Mr. INSLEE. Once again reclaiming issue. seeking legislative authority to reclas- my time, Mr. Chairman, I want to So not only do I care to see the issues sify high-level radioactive waste as thank the gentleman for his efforts to of the Missouri River resolved, as a re- ‘‘waste incidental to reprocessing.’’ move the DOE in the right direction. sponsible Member of this body, I also This high-level waste contains highly Mr. Chairman, I ask unanimous con- believe it is our responsibility to stop toxic radionuclides stored in under- sent to withdraw my amendment. abuse in its tracks. My amendment The CHAIRMAN pro tempore. Is ground tanks at sites in the State of would have alleviated both of these there any objection to the request of Washington, South Carolina, Idaho, problems. and New York. In agreement with the gentleman from Washington? Mr. HOBSON. Mr. Chairman, re- these States and with Congress, the There was no objection. Mr. HOBSON. Mr. Chairman, I move claiming my time, I agree with the Department is required to remove as gentleman from Iowa (Mr. KING) that much of these wastes as is technically to strike the last word. Mr. Chairman, I would like to enter the purposes and intentions of this act feasible. into a colloquy with the gentleman should be met. The funds appropriated In order to achieve its target dead- for endangered species habitat restora- line for cleaning up these tanks, the from Iowa (Mr. KING). Mr. KING of Iowa. Mr. Chairman, tion on the Missouri River should be Department now argues that it re- will the gentleman yield? used for those purposes. quires the authority to reclassify some Mr. HOBSON. I yield to the gen- As the Army Corps of Engineers of the waste at the bottom of the tanks tleman from Iowa. works to that end, let us encourage the as ‘‘incidental waste,’’ so that these Mr. KING of Iowa. Mr. Chairman, I Corps to properly oversee that the wastes may be left on site or disposed appreciate the chairman’s willingness funds are being utilized for their pur- of in a manner that does not live up to to enter into a colloquy and to yield to poses. the federal agreement. Such authority me on this issue. I would just say to Mr. KING of Iowa. Mr. Chairman, if is currently disputed by many of the him that Missouri is downstream from the gentleman will continue to yield, I involved States, who argue that the where I live. thank the distinguished chairman for long-term impacts of such an action Mr. Chairman, I had authored an his consideration of this issue. are unknown and potentially harmful amendment to this legislation that Mr. HOBSON. Mr. Chairman, I move to human health. would prohibit funds intended for use to strike the last word, and I seek this Does the gentleman agree that it is for endangered species’ habitat restora- time to enter into a colloquy with the the intent of Congress that the Depart- tion from being used by the Fish and gentleman from Ohio (Mr. PORTMAN). ment engage in fair and reasonable ne- Wildlife Service and State Depart- Mr. PORTMAN. Mr. Chairman, will gotiations with the States and involved ments of Natural Resources. I am not the gentleman yield? parties? pursuing this amendment because the Mr. HOBSON. Mr. Chairman, I yield Mr. HOBSON. Mr. Chairman, will the good gentleman from Ohio has agreed to the gentleman from Ohio. gentleman yield? the funding in this act should be used (Mr. PORTMAN asked and was given Mr. INSLEE. I yield to the gen- for its intended purposes. permission to revise and extend his re- tleman from Ohio. As the Members of this body may re- Mr. HOBSON. Mr. Chairman, in an- marks.) member, every year the energy and Mr. PORTMAN. Mr. Chairman, I swer to the gentleman’s question, I water development appropriations bill wanted to rise to congratulate the would say, yes, the House supports a brings to light the issues of the Mis- chairman on balancing difficult com- fair and reasonable negotiation with souri River, which flows along the bor- peting interests in this legislation. the States and involved parties. And I should tell the gentleman that der of the district I represent in west- Once again, I think we will see on final I have been out there and looked at ern Iowa. In the ecosystem of the Mis- passage what a good job he has done. these tanks, and also, as the gentleman souri River, there are three endangered But in particular, I want to thank spoke about last year, we made him a species, the least tern, the piping plov- him very much for helping with regard promise we would take care of the un- er, and the pallid sturgeon. A dire legal to our energy needs at the Port Smith lined trenches, and I believe, as of yes- situation involving regulation of the Gaseous Diffusion Plant. Once again, terday, their record of decision is that Missouri River flow has resulted in he has provided the President’s request the citizens out there deserve this, and complex reg. issues that impact the en- and has been instrumental in being I think it is going to go forward. tire Missouri River basin. A multi- sure that we have not only jobs in But in answer, yes, I think we do plicity of interests, including agri- southern Ohio but that the centrifuge need to negotiate with the States and culture, flood control, river freight technology moves forward, which is so the involved parties on this. transportation, electrical generation, critical to our Nation’s energy secu- Mr. INSLEE. Mr. Chairman, reclaim- water, recreation, and the environment rity. ing my time, I thank the gentleman. have been impacted by decisions affect- So, again, I rise to congratulate the And would the gentleman agree that ing the flow of the river. chairman, and I look forward to work- any strategy to resolve the issue Currently, the Army Corps of Engi- ing with him going into the future, and should be consistent nationwide? neers is working on a habitat restora- congratulate him on his bill and Mr. HOBSON. Well, if the gentleman tion for the two birds and the fish that strongly support it this afternoon. will continue to yield, yes. And I think have created such a problem for people SEQUENTIAL VOTES POSTPONED IN COMMITTEE in some other instances in this bill we who need the river for economic rea- OF THE WHOLE have also taken a stand that you can- sons. As they have been working to re- The CHAIRMAN pro tempore. Pursu- not have one standard one place and establish this habitat, we have discov- ant to clause 6 of rule XVIII, pro- one standard another. So any conclu- ered some of the money that is di- ceedings will now resume on those sion must be comprehensive and con- verted to Fish and Wildlife and State amendments on which further pro- sistent nationwide. Departments of Natural Resources to ceedings were postponed in the fol- Mr. INSLEE. Mr. Chairman, finally, help with this effort is being used for lowing order: Amendment No. 5 offered does the gentleman agree that the other purposes, such as duck habitat. by the gentleman from Vermont (Mr.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.098 H25PT1 H5128 CONGRESSIONAL RECORD — HOUSE June 25, 2004 SANDERS), amendment offered by the NOES—241 b 1224 gentlewoman from New Mexico (Mrs. Aderholt Gillmor Ortiz Messrs. BEAUPREZ, BARRETT of WILSON), amendment offered by the Akin Gingrey Osborne South Carolina, BRADY of Texas, gentleman from Massachusetts (Mr. Bachus Gonzalez Ose Baker Goode Otter CARDOZA, LYNCH, HONDA, CHAN- MEEHAN), and amendment No. 1 offered Ballenger Goodlatte Oxley DLER, and DAVIS of Tennessee by the gentleman from Colorado (Mr. Barrett (SC) Gordon Pastor changed their vote from ‘‘aye’ to ‘‘no.’’ HEFLEY). Bass Goss Pearce Beauprez Granger Pelosi Messrs. JOHNSON of Illinois, SHER- The Chair will reduce to 5 minutes Bell Graves Pence MAN, BARTLETT of Maryland, the time for any electronic vote after Bereuter Greenwood Petri COSTELLO, DOGGETT, TERRY, the first vote in this series. Berry Gutknecht Pickering NUSSLE, RAMSTAD, EHLERS, Biggert Hall Pitts Bilirakis Harris Platts BISHOP of Georgia, HOLT, and Ms. b 1400 Bishop (UT) Hart Pombo ROYBAL-ALLARD changed their vote Blackburn Hayes Porter from ‘‘no’’ to ‘‘aye.’’ AMENDMENT NO. 5 OFFERED BY MR. SANDERS Blunt Hayworth Portman So the amendment was rejected. Boehner Hefley Putnam The CHAIRMAN pro tempore (Mr. Bonilla Hensarling Quinn The result of the vote was announced LINDER). The pending business is the Bonner Herger Radanovich as above recorded. demand for a recorded vote on the Bono Hill Regula Stated for: Boozman Hobson amendment offered by the gentleman Rehberg Ms. MCCARTHY of Missouri. Mr. Chairman, Boucher Hoekstra Renzi from Vermont (Mr. SANDERS) on which Bradley (NH) Holden Reyes on rollcall No. 321, I was unavoidably de- further proceedings were postponed and Brady (PA) Honda Rogers (AL) tained. Had I been present, I would have on which the noes prevailed by voice Brady (TX) Hostettler Rogers (KY) voted ‘‘aye.’’ Brown (SC) Hulshof Rogers (MI) vote. AMENDMENT OFFERED BY MRS WILSON OF NEW Brown-Waite, Hunter Rohrabacher . The Clerk will redesignate the Ginny Hyde Ros-Lehtinen MEXICO Burns Issa Ross The CHAIRMAN pro tempore (Mr. amendment. Burr Istook Royce LINDER). The pending business is the The Clerk redesignated the amend- Burton (IN) Jenkins Sanchez, Loretta ment. Buyer Johnson (CT) Sandlin demand for a recorded vote on the Calvert Johnson, E. B. Saxton amendment offered by the gentle- Camp Johnson, Sam RECORDED VOTE Schiff woman from New Mexico (Mrs. WILSON) Cannon Kanjorski The CHAIRMAN pro tempore. A re- Schrock on which further proceedings were Cantor Keller Scott (GA) corded vote has been demanded. Capito Kennedy (MN) Sessions postponed and on which the noes pre- Cardoza King (IA) A recorded vote was ordered. Shadegg vailed by voice vote. Carson (OK) King (NY) Shaw Carter Kingston The Clerk will designate the amend- The vote was taken by electronic de- Sherwood Castle Kirk ment. Shimkus vice, and there were—ayes 150, noes 241, Chabot Kline Shuster The Clerk designated the amend- not voting 42, as follows: Chandler Knollenberg Simpson ment. Chocola Kolbe [Roll No. 321] Skelton Cole LaHood RECORDED VOTE Smith (TX) Cox Lantos AYES—150 Smith (WA) The CHAIRMAN pro tempore. A re- Cramer Larson (CT) Snyder Abercrombie Hinchey Nussle Crane LaTourette corded vote has been demanded. Souder Alexander Hinojosa Oberstar Crenshaw Lewis (CA) A recorded vote was ordered. Spratt Allen Hoeffel Obey Culberson Lewis (KY) Andrews Holt Olver Stearns The CHAIRMAN pro tempore. This Davis (TN) Linder will be a 5-minute vote. Baca Hooley (OR) Owens Davis, Jo Ann LoBiondo Stenholm Baird Hoyer Pallone Davis, Tom Lofgren Sullivan The vote was taken by electronic de- Baldwin Inslee Pascrell DeLauro Lucas (KY) Sweeney vice, and there were—ayes 163, noes 224, Bartlett (MD) Israel Payne Tancredo DeLay Lucas (OK) not voting 46, as follows: Becerra Jackson (IL) Peterson (MN) DeMint Lynch Tauscher Berkley Jackson-Lee Pomeroy Diaz-Balart, L. Manzullo Taylor (MS) [Roll No. 322] Bishop (GA) (TX) Price (NC) Taylor (NC) Diaz-Balart, M. Marshall AYES—163 Bishop (NY) Jefferson Rahall Doolittle Matheson Thompson (CA) Blumenauer Johnson (IL) Ramstad Dreier Matsui Thornberry Abercrombie Evans Kind Boehlert Jones (OH) Rangel Duncan McCotter Tiahrt Allen Farr Kleczka Boswell Kaptur Roybal-Allard Edwards McCrery Tiberi Andrews Filner Kucinich Brown (OH) Kelly Ruppersberger Emerson McHugh Toomey Baca Flake Langevin Brown, Corrine Kennedy (RI) Rush English McInnis Turner (OH) Baldwin Foley Lantos Capps Kildee Ryan (OH) Eshoo McIntyre Turner (TX) Bass Fossella Larsen (WA) Capuano Kind Ryan (WI) Etheridge McKeon Upton Becerra Frank (MA) Leach Cardin Kleczka Sabo Everett Mica Visclosky Bereuter Franks (AZ) Lee ´ Case Kucinich Sanchez, Linda Feeney Miller (FL) Walden (OR) Berkley Gibbons Lucas (OK) Clay Lampson T. Ferguson Miller (MI) Walsh Blumenauer Gilchrest Majette Clyburn Langevin Sanders Flake Miller, Gary Wamp Bono Gillmor Maloney Conyers Larsen (WA) Schakowsky Foley Miller, George Weldon (FL) Boswell Gonzalez Manzullo Cooper Latham Scott (VA) Forbes Murphy Weldon (PA) Boucher Gordon Markey Costello Leach Sensenbrenner Fossella Murtha Weller Bradley (NH) Graves Marshall Crowley Lee Serrano Franks (AZ) Musgrave Whitfield Brady (TX) Green (WI) Matheson Cummings Levin Shays Frelinghuysen Myrick Wicker Brown (OH) Greenwood McCarthy (NY) Davis (AL) Lowey Sherman Frost Nethercutt Wilson (NM) Cardin Grijalva McCollum Davis (CA) Majette Simmons Gallegly Neugebauer Wilson (SC) Carson (OK) Gutierrez McDermott Davis (FL) Maloney Smith (NJ) Garrett (NJ) Ney Wolf Case Hayworth McIntyre Davis (IL) Markey Solis Gerlach Northup Woolsey Chabot Hefley McNulty DeFazio McCarthy (NY) Stark Gibbons Norwood Wynn Chandler Hensarling Meehan DeGette McCollum Strickland Gilchrest Nunes Young (FL) Conyers Herseth Michaud Dingell McDermott Stupak Cooper Hinchey Millender- Doggett McGovern Tanner NOT VOTING—42 Cox Hinojosa McDonald Doyle McNulty Terry Crowley Hoeffel Miller (NC) Ehlers Meehan Thompson (MS) Ackerman Dooley (CA) Mollohan Davis (AL) Holt Miller, Gary Emanuel Meek (FL) Tierney Barton (TX) Dunn Paul Davis (IL) Hooley (OR) Moore Engel Meeks (NY) Towns Berman Gephardt Peterson (PA) Davis, Tom Hulshof Moran (KS) Evans Menendez Udall (CO) Boyd Harman Pryce (OH) DeFazio Inslee Musgrave Farr Michaud Udall (NM) Burgess Hastings (FL) Reynolds DeGette Jackson (IL) Nadler Fattah Millender- Van Hollen Carson (IN) Hastings (WA) Rodriguez DeLauro Jackson-Lee Napolitano Filner McDonald Vela´ zquez Coble Houghton Rothman Diaz-Balart, L. (TX) Norwood Ford Miller (NC) Waters Collins Isakson Ryun (KS) Diaz-Balart, M. Jefferson Obey Frank (MA) Moore Watson Cubin John Slaughter Dingell Johnson (CT) Otter Green (TX) Moran (KS) Watt Cunningham Jones (NC) Smith (MI) Doggett Jones (OH) Owens Green (WI) Moran (VA) Waxman Deal (GA) Kilpatrick Tauzin Ehlers Kaptur Payne Grijalva Nadler Weiner Delahunt Lewis (GA) Thomas Engel Kelly Pearce Gutierrez Napolitano Wexler Deutsch Lipinski Vitter English Kennedy (RI) Pitts Herseth Neal (MA) Wu Dicks McCarthy (MO) Young (AK) Etheridge Kildee Pomeroy

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.099 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5129 Porter Schiff Thornberry Cunningham Isakson Pryce (OH) Serrano Stupak Waters Price (NC) Scott (VA) Tierney Deal (GA) John Reynolds Shays Taylor (MS) Watson Radanovich Sensenbrenner Turner (TX) Delahunt Jones (NC) Rodriguez Sherman Thompson (CA) Watt Rangel Shadegg Udall (CO) Deutsch Kilpatrick Rothman Skelton Thompson (MS) Waxman Renzi Sherman Udall (NM) Dicks King (NY) Ryun (KS) Smith (NJ) Tierney Weiner Rohrabacher Shimkus Van Hollen Dooley (CA) Lewis (GA) Slaughter Smith (WA) Towns Wexler Royce Simmons Walden (OR) Dunn Lipinski Smith (MI) Snyder Turner (TX) Woolsey Ruppersberger Skelton Watson Gephardt Lowey Tauzin Solis Udall (CO) Wu Rush Smith (NJ) Harman Matsui Spratt Udall (NM) Waxman Thomas Wynn Ryan (OH) Smith (WA) Hastings (FL) McCarthy (MO) Stark Van Hollen Weiner Vitter Ryan (WI) Snyder Hastings (WA) Mollohan Strickland Vela´ zquez Weller Young (AK) Sa´ nchez, Linda Solis Houghton Paul T. Spratt Wexler Hunter Peterson (PA) NOES—235 Sanchez, Loretta Stark Wilson (NM) Sanders Strickland Woolsey Aderholt Gerlach Ney Sandlin Sullivan Wu b 1431 Akin Gibbons Northup Schakowsky Taylor (MS) Alexander Gilchrest Norwood Mr. THOMPSON of California Bachus Gillmor Nunes NOES—224 changed his vote from ‘‘aye’’ to ‘‘no.’’ Baker Gingrey Nussle So the amendment was rejected. Barrett (SC) Goode Ortiz Aderholt Gallegly Nussle Bartlett (MD) Goodlatte Osborne Akin Garrett (NJ) Oberstar The result of the vote was announced Bass Goss Ose Alexander Gerlach Olver as above recorded. Beauprez Granger Otter Bachus Gingrey Ortiz Bereuter Graves Oxley Baird Goode Stated for: Osborne Berry Green (TX) Pastor Baker Goodlatte Ose C ARTHY Ms. M C of Missouri. Mr. Chairman, Biggert Greenwood Pearce Ballenger Goss Oxley on rollcall No. 322 I was unavoidably detained. Bilirakis Gutknecht Pence Barrett (SC) Granger Pallone Bishop (GA) Hall Pickering Bartlett (MD) Green (TX) Pascrell Had I been present, I would have voted ‘‘aye.’’ Bishop (UT) Harris Pitts Beauprez Gutknecht Pastor AMENDMENT OFFERED BY MEEHAN Blackburn Hart Platts Bell Hall Pelosi The CHAIRMAN pro tempore. The Blunt Hayes Pombo Berry Harris Pence Boehlert Hayworth Porter Biggert Hart Peterson (MN) pending business is the demand for a Boehner Hefley Portman Bilirakis Hayes Petri recorded vote on the amendment of- Bonilla Hensarling Putnam Bishop (GA) Herger Pickering fered by the gentleman from Massachu- Bonner Herger Quinn Bishop (NY) Hill Platts setts (Mr. MEEHAN) on which further Bono Hill Radanovich Bishop (UT) Hobson Pombo Boozman Hinojosa Blackburn Hoekstra Portman proceedings were postponed and on Ramstad Boucher Hobson Regula Blunt Holden Putnam which the noes prevailed by voice vote. Brady (PA) Hoekstra Boehlert Honda Quinn Rehberg The Clerk will designate the amend- Brady (TX) Holden Renzi Boehner Hostettler Rahall Brown (SC) Honda Bonilla Hoyer Ramstad ment. Reyes Brown-Waite, Hostettler Rogers (AL) Bonner Hyde Regula The Clerk designated the amend- Ginny Hoyer Boozman Israel Rehberg ment. Rogers (KY) Burns Hulshof Rogers (MI) Brady (PA) Issa Reyes Burr Hyde RECORDED VOTE Rohrabacher Brown (SC) Istook Rogers (AL) Burton (IN) Israel Ros-Lehtinen Brown, Corrine Jenkins Rogers (KY) The CHAIRMAN pro tempore. A re- Buyer Issa Ross Brown-Waite, Johnson (IL) Rogers (MI) Calvert Istook corded vote has been demanded. Roybal-Allard Ginny Johnson, E. B. Ros-Lehtinen Camp Jenkins A recorded vote was ordered. Royce Burns Johnson, Sam Ross Cannon Johnson (CT) Ryan (WI) Burr Kanjorski Roybal-Allard The CHAIRMAN pro tempore. This Cantor Johnson (IL) Sandlin Burton (IN) Keller Sabo will be a 5-minute vote. Capito Johnson, Sam Saxton Buyer Kennedy (MN) Saxton Carson (OK) Jones (OH) The vote was taken by electronic de- Schrock Calvert King (IA) Schrock Carter Kanjorski vice, and there were—ayes 151, noes 235, Scott (GA) Camp Kingston Scott (GA) Castle Keller Sessions Cannon Kirk Serrano not voting 47, as follows: Chabot Kelly Shadegg Cantor Kline Sessions [Roll No. 323] Chocola Kennedy (MN) Capito Knollenberg Shaw Cole King (IA) Shaw Capps Kolbe Shays AYES—151 Costello Kingston Sherwood Shimkus Capuano LaHood Sherwood Abercrombie Filner McGovern Cox Kirk Cardoza Lampson Shuster Allen Ford McIntyre Cramer Kline Shuster Carter Larson (CT) Simpson Andrews Frank (MA) McNulty Crane Knollenberg Simmons Castle Latham Smith (TX) Baca Gonzalez Meehan Crenshaw Kolbe Simpson Chocola LaTourette Souder Baird Gordon Meeks (NY) Culberson LaHood Smith (TX) Clay Levin Stearns Baldwin Green (WI) Menendez Davis (TN) Lampson Souder Clyburn Lewis (CA) Stenholm Becerra Grijalva Michaud Davis, Jo Ann Latham Stearns Cole Lewis (KY) Stupak Bell Gutierrez Millender- Davis, Tom LaTourette Stenholm Costello Linder Sweeney Berkley Herseth McDonald DeLay Lewis (CA) Sullivan Cramer LoBiondo Tancredo Bishop (NY) Hinchey Miller (NC) DeMint Lewis (KY) Sweeney Crane Lofgren Tanner Blumenauer Hoeffel Miller, George Diaz-Balart, L. Linder Tancredo Crenshaw Lucas (KY) Tauscher Boswell Holt Moore Diaz-Balart, M. LoBiondo Tanner Culberson Lynch Taylor (NC) Bradley (NH) Hooley (OR) Moran (VA) Doolittle Lofgren Tauscher Cummings McCotter Terry Brown (OH) Inslee Nadler Doyle Lucas (KY) Taylor (NC) Davis (CA) McCrery Thompson (CA) Brown, Corrine Jackson (IL) Napolitano Dreier Lucas (OK) Terry Davis (FL) McGovern Thompson (MS) Capps Jackson-Lee Neal (MA) Duncan Manzullo Thornberry Davis (TN) McHugh Tiahrt Capuano (TX) Oberstar Edwards Marshall Tiahrt Davis, Jo Ann McInnis Tiberi Cardin Jefferson Obey Ehlers McCotter Tiberi DeLay McKeon Toomey Cardoza Johnson, E. B. Olver Emerson McCrery Toomey DeMint Meek (FL) Towns Case Kaptur Owens English McHugh Turner (OH) Doolittle Meeks (NY) Turner (OH) Chandler Kennedy (RI) Pallone Eshoo McInnis Upton Doyle Menendez Upton Clay Kildee Pascrell Everett McKeon Visclosky ´ Dreier Mica Velazquez Clyburn Kind Payne Farr Meek (FL) Walden (OR) Duncan Miller (FL) Visclosky Conyers Kleczka Pelosi Feeney Mica Walsh Edwards Miller (MI) Walsh Cooper Kucinich Peterson (MN) Ferguson Miller (FL) Wamp Emanuel Miller, George Wamp Crowley Langevin Petri Flake Miller (MI) Weldon (FL) Emerson Moran (VA) Waters Cummings Lantos Pomeroy Foley Miller, Gary Weldon (PA) Eshoo Murphy Watt Davis (AL) Larsen (WA) Price (NC) Forbes Moran (KS) Weller Everett Murtha Weldon (FL) Davis (CA) Larson (CT) Rahall Fossella Murphy Whitfield Fattah Myrick Weldon (PA) Davis (FL) Leach Rangel Franks (AZ) Murtha Wicker Feeney Neal (MA) Whitfield Davis (IL) Lee Ruppersberger Frelinghuysen Musgrave Wilson (NM) Ferguson Nethercutt Wicker DeFazio Levin Rush Frost Myrick Wilson (SC) Forbes Neugebauer Wilson (SC) DeGette Lynch Ryan (OH) Gallegly Nethercutt Wolf Ford Ney Wolf DeLauro Majette Sa´ nchez, Linda Garrett (NJ) Neugebauer Young (FL) Frelinghuysen Northup Wynn Dingell Maloney T. Frost Nunes Young (FL) Doggett Markey Sanchez, Loretta NOT VOTING—47 Emanuel Matheson Sanders Ackerman Boyd Collins NOT VOTING—46 Engel Matsui Schakowsky Ballenger Burgess Cubin Ackerman Boyd Coble Etheridge McCarthy (NY) Schiff Barton (TX) Carson (IN) Cunningham Barton (TX) Burgess Collins Evans McCollum Scott (VA) Berman Coble Deal (GA) Berman Carson (IN) Cubin Fattah McDermott Sensenbrenner

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.079 H25PT1 H5130 CONGRESSIONAL RECORD — HOUSE June 25, 2004 Delahunt John Reynolds Carson (OK) Jackson (IL) Peterson (MN) Delahunt Jones (NC) Rodriguez Deutsch Jones (NC) Rodriguez Carter Jackson-Lee Pickering Deutsch Kilpatrick Rothman Dicks Kilpatrick Rothman Case (TX) Platts Dicks King (NY) Ryun (KS) Dooley (CA) King (NY) Ryun (KS) Castle Jefferson Pombo Dooley (CA) Lewis (GA) Sabo Dunn Lewis (GA) Sabo Chandler Jenkins Pomeroy Dunn Lipinski Slaughter Gephardt Lipinski Slaughter Clay Johnson (CT) Portman Gephardt Lowey Smith (MI) Harman Lowey Smith (MI) Clyburn Johnson (IL) Price (NC) Harman McCarthy (MO) Tauzin Hastings (FL) McCarthy (MO) Tauzin Cole Johnson, E. B. Putnam Hastings (FL) Mollohan Thomas Hastings (WA) Mollohan Hastings (WA) Paul Thomas Conyers Jones (OH) Quinn Vitter Houghton Paul Cooper Kanjorski Houghton Peterson (PA) Vitter Radanovich Young (AK) Hunter Peterson (PA) Costello Kaptur Isakson Pryce (OH) Young (AK) Rahall Isakson Pryce (OH) Cox Kelly Rangel John Reynolds Cramer Kennedy (MN) Regula b 1439 Crenshaw Kennedy (RI) Rehberg b 1446 Crowley Kildee Renzi So the amendment was rejected. Mr. ABERCROMBIE changed his vote Culberson Kind Reyes from ‘‘no’’ to ‘‘aye.’’ Cummings Kingston Rogers (AL) The result of the vote was announced So the amendment was rejected. Davis (AL) Kirk Rogers (KY) as above recorded. The result of the vote was announced Davis (CA) Kleczka Ros-Lehtinen Stated against: Davis (FL) Kline Ross as above recorded. Davis (IL) Knollenberg Roybal-Allard Ms. MCCARTHY of Missouri. Mr. Chairman, Stated for: Davis (TN) Kolbe Ruppersberger on rollcall No. 324, I was unavoidably de- Davis, Tom Kucinich Rush tained. Had I been present, I would have Ms. MCCARTHY of Missouri. Mr. Chairman, DeFazio LaHood Ryan (OH) voted ‘‘no.’’ on rollcall No. 323, I was unavoidably de- DeGette Lampson Sa´ nchez, Linda tained. Had I been present, I would have DeLauro Langevin T. The CHAIRMAN pro tempore. Under voted ‘‘aye.’’ DeLay Lantos Sanchez, Loretta the rule and the previous order of the Diaz-Balart, L. Larsen (WA) Sanders House, the Committee rises. AMENDMENT NO. 1 OFFERED BY MR. HEFLEY Dingell Larson (CT) Sandlin Accordingly, the Committee rose; The CHAIRMAN pro tempore (Mr. Doggett Latham Saxton Doolittle LaTourette LINDER). The pending business is the Schakowsky and the Speaker pro tempore (Mr. Doyle Leach demand for a recorded vote on the Schiff FOLEY) having assumed the chair, Mr. Dreier Lee Schrock amendment offered by the gentleman Edwards Levin LINDER, Chairman pro tempore of the Scott (GA) Committee of the Whole House on the from Colorado (Mr. HEFLEY) on which Ehlers Lewis (CA) Scott (VA) Emanuel LoBiondo Serrano State of the Union, reported that that further proceedings were postponed and Emerson Lofgren Shaw Committee, having had under consider- on which the noes prevailed by voice Engel Lucas (KY) Shays English Lucas (OK) ation the bill (H.R. 4614) making appro- vote. Sherman Eshoo Lynch The Clerk will redesignate the Sherwood priations for energy and water develop- Etheridge Majette Shuster ment for the fiscal year ending Sep- amendment. Evans Maloney Simmons Everett Markey tember 30, 2005, and for other purposes, The Clerk redesignated the amend- Simpson Farr Marshall pursuant to House Resolution 694, he ment. Skelton Fattah Matheson reported the bill back to the House RECORDED VOTE Smith (NJ) Ferguson Matsui with sundry amendments adopted by The CHAIRMAN pro tempore. A re- Filner McCarthy (NY) Smith (TX) Snyder the Committee of the Whole. corded vote has been demanded. Foley McCollum Forbes McCrery Solis The SPEAKER pro tempore. Under Souder A recorded vote was ordered. Ford McDermott the rule, the previous question is or- The CHAIRMAN pro tempore. This Fossella McGovern Spratt Stark dered. will be a 5-minute vote. Frank (MA) McHugh Frelinghuysen McInnis Stenholm Is a separate vote demanded on any The vote was taken by electronic de- Frost McIntyre Strickland Stupak amendment? If not, the Chair will put vice, and there were—ayes 68, noes 319, Gallegly McKeon them en gros. not voting 46, as follows: Gerlach McNulty Sweeney Gilchrest Meehan Tauscher The amendments were agreed to. [Roll No. 324] Gillmor Meek (FL) Terry The SPEAKER pro tempore. The AYES—68 Gingrey Meeks (NY) Thompson (CA) question is on the engrossment and Gonzalez Menendez Thompson (MS) Bachus Gibbons Pence Goode Mica Thornberry third reading of the bill. Barrett (SC) Graves Petri Goodlatte Michaud Tiahrt The bill was ordered to be engrossed Bartlett (MD) Green (WI) Pitts Gordon Millender- Tiberi Bass Gutknecht and read a third time, and was read the Porter Goss McDonald Tierney Beauprez Harris third time. Ramstad Granger Miller (MI) Towns Bishop (UT) Hefley Rogers (MI) Green (TX) Miller (NC) Turner (OH) The SPEAKER pro tempore. The Blackburn Hensarling Rohrabacher Greenwood Miller, George Turner (TX) Boehner Hostettler question is on the passage of the bill. Royce Grijalva Moore Udall (CO) Brady (TX) Johnson, Sam Pursuant to clause 10 of rule XX, the Ryan (WI) Gutierrez Moran (VA) Udall (NM) Burton (IN) Keller Sensenbrenner Hall Murphy Upton yeas and nays are ordered. Buyer King (IA) Sessions Hart Murtha Van Hollen The vote was taken by electronic de- Cannon Lewis (KY) Hayes Nadler Vela´ zquez Chabot Linder Shadegg vice, and there were—yeas 370, nays 16, Hayworth Napolitano Visclosky Chocola Manzullo Shimkus not voting 47, as follows: Herger Neal (MA) Walden (OR) Crane McCotter Smith (WA) Herseth Nethercutt Walsh [Roll No. 325] Davis, Jo Ann Miller (FL) Stearns Hill Ney Wamp DeMint Miller, Gary Sullivan YEAS—370 Hinchey Northup Waters Diaz-Balart, M. Moran (KS) Tancredo Hinojosa Nunes Watson Abercrombie Bishop (UT) Burton (IN) Duncan Musgrave Tanner Hobson Nussle Watt Aderholt Blackburn Buyer Feeney Myrick Taylor (MS) Hoeffel Oberstar Waxman Akin Blumenauer Calvert Flake Neugebauer Taylor (NC) Hoekstra Obey Weiner Alexander Blunt Camp Franks (AZ) Norwood Toomey Holden Olver Weldon (FL) Allen Boehlert Cannon Garrett (NJ) Otter Wilson (SC) Holt Ortiz Weldon (PA) Baca Boehner Cantor NOES—319 Honda Osborne Weller Bachus Bonilla Capito Hooley (OR) Ose Wexler Baird Bonner Capps Abercrombie Biggert Brown (OH) Hoyer Owens Whitfield Baker Bono Capuano Aderholt Bilirakis Brown (SC) Hulshof Oxley Wicker Baldwin Boozman Cardin Akin Bishop (GA) Brown, Corrine Hunter Pallone Wilson (NM) Barrett (SC) Boswell Cardoza Alexander Bishop (NY) Brown-Waite, Hyde Pascrell Wolf Bartlett (MD) Boucher Carson (OK) Allen Blumenauer Ginny Inslee Pastor Woolsey Bass Bradley (NH) Carter Andrews Blunt Burns Israel Payne Wu Beauprez Brady (PA) Case Baca Boehlert Burr Issa Pearce Wynn Becerra Brady (TX) Castle Baird Bonilla Calvert Istook Pelosi Young (FL) Bell Brown (OH) Chabot Baker Bonner Camp Bereuter Brown (SC) Chandler Baldwin Bono Cantor NOT VOTING—46 Berry Brown, Corrine Chocola Becerra Boozman Capito Biggert Brown-Waite, Clay Bell Boswell Capps Ackerman Boyd Collins Bilirakis Ginny Clyburn Bereuter Boucher Capuano Ballenger Burgess Cubin Bishop (GA) Burns Cole Berkley Bradley (NH) Cardin Barton (TX) Carson (IN) Cunningham Bishop (NY) Burr Conyers Berry Brady (PA) Cardoza Berman Coble Deal (GA)

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.081 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5131 Cooper Jenkins Pastor Weldon (PA) Wilson (NM) Wu H.R. 3846. An act to authorize the Sec- Costello Johnson (CT) Payne Wexler Wilson (SC) Wynn retary of Agriculture and the Secretary of Cox Johnson (IL) Pearce Whitfield Wolf Young (FL) the Interior to enter into an agreement or Wicker Woolsey Cramer Johnson, E. B. Pelosi contract with Indian tribes meeting certain Crane Johnson, Sam Pence Crenshaw Jones (OH) Peterson (MN) NAYS—16 criteria to carry out projects to protect In- Crowley Kanjorski Petri Andrews Hensarling Shadegg dian forest land. Culberson Kaptur Pickering Berkley Hostettler Stearns The message also announced that the Cummings Keller Pitts Flake Kucinich Terry Senate has passed bills of the following Davis (AL) Kelly Platts Franks (AZ) Porter Toomey Davis (CA) Kennedy (MN) Pombo Gibbons Royce titles in which the concurrence of the Davis (FL) Kennedy (RI) Pomeroy Hefley Sensenbrenner House is requested: Davis (IL) Kildee Portman Davis (TN) Kind Price (NC) NOT VOTING—47 S. 1292. An act to establish a servitude and Davis, Jo Ann King (IA) Putnam Ackerman Dunn Paul emancipation archival research clearing- Davis, Tom Kingston Quinn Ballenger Gephardt Peterson (PA) house in the National Archives. DeFazio Kirk Radanovich Barton (TX) Harman Pryce (OH) S. 1932. An act to provide criminal pen- DeGette Kleczka Rahall Berman Hastings (FL) Reynolds alties for unauthorized recording of motion DeLauro Kline Ramstad Boyd Hastings (WA) Rodriguez pictures in a motion picture exhibition facil- DeLay Knollenberg Rangel Burgess Houghton Rothman ity, to provide criminal and civil penalties DeMint Kolbe Regula Carson (IN) Isakson Ryun (KS) for unauthorized distribution of commercial Diaz-Balart, L. LaHood Rehberg Coble John Sabo Diaz-Balart, M. Lampson Renzi Collins Jones (NC) prerelease copyrighted works, and for other Slaughter Dingell Langevin Reyes Cubin Kilpatrick purposes. Smith (MI) Doggett Lantos Rogers (AL) Cunningham King (NY) S. 2192. An act to amend title 35, United Tauzin Doolittle Larsen (WA) Rogers (KY) Deal (GA) Lewis (GA) Thomas States Code, to promote cooperative re- Doyle Larson (CT) Rogers (MI) Delahunt Lipinski Vitter search involving universities, the public sec- Dreier Latham Rohrabacher Deutsch Lowey tor, and private enterprises. Duncan LaTourette Ros-Lehtinen Dicks McCarthy (MO) Weller Edwards Leach Ross Dooley (CA) Mollohan Young (AK) S. 2237. An act to amend chapter 5 of title Ehlers Lee Roybal-Allard 17, United States Code, to authorize civil ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Emanuel Levin Ruppersberger copyright enforcement by the Attorney Gen- Emerson Lewis (CA) Rush The SPEAKER pro tempore (Mr. eral, and for other purposes. Engel Lewis (KY) Ryan (OH) FOLEY) (during the vote). Members are English Linder Ryan (WI) advised there are 2 minutes in which to Eshoo LoBiondo Sa´ nchez, Linda f Etheridge Lofgren T. record their votes. Evans Lucas (KY) Sanchez, Loretta PERMISSION FOR COMMITTEE ON Everett Lucas (OK) Sanders b 1504 Farr Lynch Sandlin So the bill was passed. SCIENCE TO HAVE UNTIL 4 P.M., Fattah Majette Saxton The result of the vote was announced FRIDAY, JULY 2, 2004 TO FILE Feeney Maloney Schakowsky SUNDRY REPORTS Ferguson Manzullo Schiff as above recorded. Filner Markey Schrock A motion to reconsider was laid on Mr. BOEHLERT. Mr. Speaker, I ask Foley Marshall Scott (GA) the table. unanimous consent that the Com- Forbes Matheson Scott (VA) mittee on Science be allowed to file the Ford Matsui Serrano Stated for: Fossella McCarthy (NY) Sessions Ms. MCCARTHY of Missouri. Mr. Speaker, following reports by 4:00 p.m. Friday, Frank (MA) McCollum Shaw on rollcall No. 325, I was unavoidably de- July 2: Frelinghuysen McCotter Shays tained. Had I been present, I would have H.R. 4218, High Performance Com- Frost McCrery Sherman Gallegly McDermott Sherwood voted ‘‘yea.’’ puting Revitalization Act of 2004; H.R. Garrett (NJ) McGovern Shimkus f 4516, Department of Energy High-End Gerlach McHugh Shuster Computing Revitalization Act of 2004; Gilchrest McInnis Simmons PERSONAL EXPLANATION H.R. 3890, To Reauthorize the Steel and Gillmor McIntyre Simpson Gingrey McKeon Skelton Ms. SLAUGHTER. Mr. Speaker, I was un- Aluminum Energy Conservation and Gonzalez McNulty Smith (NJ) able to be present for rollcall votes 320, 321, Technology Competitiveness Act of Goode Meehan Smith (TX) 322, 323, 324, and 325. Had I been present, 1988; H.R. 3598, Manufacturing Tech- Goodlatte Meek (FL) Smith (WA) Gordon Meeks (NY) Snyder I would have voted ‘‘aye’’ on rollcall votes 321, nology Competitiveness Act of 2004; Goss Menendez Solis 322, 323, and 325. I would have voted ‘‘nay’’ and H.R. 3980, National Windstorm Im- Granger Mica Souder on 320 and 324. pact Reduction Act of 2004. Graves Michaud Spratt Green (TX) Millender- Stark f The SPEAKER pro tempore. Is there objection to the request of the gen- Green (WI) McDonald Stenholm PERSONAL EXPLANATION Greenwood Miller (FL) Strickland tleman from New York. Grijalva Miller (MI) Stupak Ms. KILPATRICK. Mr. Speaker, personal There was no objection. Gutierrez Miller (NC) Sullivan Gutknecht Miller, Gary Sweeney reasons prevent me from being present for Hall Miller, George Tancredo legislative business scheduled for today, Fri- f Harris Moore Tanner day, June 25, 2004. Had I been present, I Hart Moran (KS) Tauscher would have voted ‘‘aye’’ on the amendment of- Hayes Moran (VA) Taylor (MS) PERMISSION FOR COMMITTEE ON Hayworth Murphy Taylor (NC) fered by Mr. SANDERS (rollcall No. 321); ‘‘no’’ FINANCIAL SERVICES TO HAVE Herger Murtha Thompson (CA) on the amendment offered by Mrs. WILSON of UNTIL MIDNIGHT JULY 2, 2004, Herseth Musgrave Thompson (MS) New Mexico (rollcall No. 322); ‘‘aye’’ on the Hill Myrick Thornberry TO FILE REPORT ON H.R. 3574, Hinchey Nadler Tiahrt amendment offered by Mr. MEEHAN (rollcall REQUIRING MANDATORY EX- Hinojosa Napolitano Tiberi No. 323); ‘‘no’’ on the amendment offered by PENSING OF STOCK OPTIONS Hobson Neal (MA) Tierney Mr. HEFLEY (rollcall No. 324); and ‘‘aye’’ on GRANTED TO EXECUTIVE OFFI- Hoeffel Nethercutt Towns final passage of H.R. 4614, the Energy and Hoekstra Neugebauer Turner (OH) CERS Holden Ney Turner (TX) Water Appropriations Act for Fiscal Year 2005 Holt Northup Udall (CO) (rollcall No. 325). Mr. BOEHLERT. Mr. Speaker, I ask Honda Norwood Udall (NM) unanimous consent that the Com- f Hooley (OR) Nunes Upton mittee on Financial Services have Hoyer Nussle Van Hollen MESSAGE FROM THE SENATE Hulshof Oberstar Vela´ zquez until midnight on July 2, 2004, to file Hunter Obey Visclosky A message from the Senate by Mr. its report on H.R. 3574, a bill to require Hyde Olver Walden (OR) Monahan, one of its clerks, announced the mandatory expensing of stock op- Inslee Ortiz Walsh tions granted to executive officers and Israel Osborne Wamp that the Senate has passed without Issa Ose Waters amendment bills of the House of the for other purposes. Istook Otter Watson following titles: The SPEAKER pro tempore. Is there Jackson (IL) Owens Watt objection to the request of the gen- Jackson-Lee Oxley Waxman H.R. 1731. An act to amend title 18, United (TX) Pallone Weiner States Code, to establish penalties for aggra- tleman from New York? Jefferson Pascrell Weldon (FL) vated identity theft, and for other purposes. There was no objection.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.085 H25PT1 H5132 CONGRESSIONAL RECORD — HOUSE June 25, 2004 DISPENSING WITH CALENDAR the floor to speak in protest of the un- the following Members will be recog- WEDNESDAY BUSINESS ON fair practice by the City of Miami in nized for 5 minutes each. WEDNESDAY, JULY 7, 2004 allocating Federal urban security f Mr. BOEHLERT. Mr. Speaker, I ask money to Broward and Palm Beach unanimous consent that the business Counties. Of the $30 million allocated TIMKEN AND THE MIDDLE CLASS to the south Florida urban area, zero in order under the Calendar Wednesday The SPEAKER pro tempore. Under a rule be dispensed with on Wednesday, dollars, zero, have been assigned to Palm Beach County. For the City of previous order of the House, the gen- July 7, 2004. tleman from Ohio (Mr. BROWN) is rec- The SPEAKER pro tempore. Is there Miami to neglect providing the nec- essary funding for this county is sim- ognized for 5 minutes. objection to the request of the gen- Mr. BROWN of Ohio. Mr. Speaker, I tleman from New York? ply outrageous, in that they have kept 90 percent of these funds for them- would like to tell today the tale of two There was no objection. visits. President Bush last year visited f selves. Palm Beach County is home to 1.2 Canton, Ohio, visited his friends at the APPOINTMENT OF HONORABLE million people, and it has a large and Timken Company. JOHN KERRY today ROSCOE G. BARTLETT OR THE very busy international airport, as well visited Canton, Ohio. HONORABLE MIKE PENCE TO as three general aviation airfields. The I would like to tell you a little bit ACT AS SPEAKER PRO TEMPORE port of Palm Beach is the fourth busi- about each visit. When President Bush TO SIGN ENROLLED BILLS AND est container port in Florida and the came to Canton, Ohio, he came to the JOINT RESOLUTIONS THROUGH 18th busiest in the continental United Timken Company, a fourth generation JULY 6, 2004 States, making it an attractive target manufacturing firm in Ohio, one of George Bush’s largest contributors. The SPEAKER pro tempore laid be- for would-be terrorists. The Timken family has given and fore the House the following commu- Mr. Speaker, the hijackers of Sep- raised for President Bush well over $1 nication from the Speaker: tember 11 spent part of their time in south Florida, and Palm Beach was the million over last 2 years. He came to THE SPEAKER’S ROOMS, Mr. Timken’s plant and celebrated his HOUSE OF REPRESENTATIVES, site of an anthrax attack, killing one Washington, DC, June 25, 2004. person and injuring many more; and, program, his economic program. I hereby appoint the Honorable ROSCOE G. yet, Palm Beach County is not getting He stood at the Timken plant and BARTLETT or, if he is not available to per- one dime in antiterrorist funds. This is bragged on Timken’s workers, as he form this duty, the Honorable MIKE PENCE to outrageous, Mr. Speaker, and I am ask- should have, saying that Timken em- act as Speaker pro tempore to sign enrolled ing Homeland Security to designate ployees were 10 percent more produc- bills and joint resolutions through July 6, tive this year, he said that a year ago, 2004. Broward and Palm Beach Counties as its own region under the Urban Area this year, than the year before. Ten J. DENNIS HASTERT, percent more productive. Speaker of the House of Representatives. Security Initiative Program so that we can be eligible to receive the necessary Now, a few months later Timken an- The SPEAKER pro tempore. Without nounced, earlier this year, that they objection, the appointment is ap- funds we must protect our infrastruc- ture, our community and our residents. had their best, their highest sales, proved. highest quarterly sales they had ever There was no objection. f had. A week after that they announced f SUSAN FAJT they had a 60 percent increase in earn- COMMUNICATION FROM PROFES- (Mr. WELDON of Florida asked and ings per share over the same quarter a SIONAL STAFF MEMBER OF COM- was given permission to address the year ago. Ten percent more productive MITTEE ON TRANSPORTATION House for 1 minute and to revise and workers, highest sales ever, very good AND INFRASTRUCTURE extend his remarks.) earnings per share. The Speaker pro tempore laid before Mr. WELDON of Florida. Mr. Speak- A week later, the Timken manage- the House the following communica- er, I rise to introduce my colleagues in ment announced that it was closing its tion from Geoff Bowman, Professional the House to a young lady by the name three plants in Canton, Ohio, shutting Staff Member of the Committee on of Susan Fajt. I am going to rise later down its Ohio production, laying off Transportation and Infrastructure: into the 5-minute rule and talk a little 1,300 workers and moving the factories to China. HOUSE OF REPRESENTATIVES, COM- bit more about her case, but I have a Now, the President has come to Ohio MITTEE ON TRANSPORTATION AND picture here I just want to introduce INFRASTRUCTURE, everyone to that I took in my office time after time trying to justify his Washington, DC, June 23, 2004. yesterday. This lady was injured in a economic program when Ohio has been Hon. J. DENNIS HASTERT, car wreck and could not walk or stand, a State that has lost one-sixth of its Speaker, House of Representatives, and she underwent a stem cell treat- manufacturing jobs. Ohio has been a Washington, DC. ment and she is now able to walk and State that has lost 190 jobs every single DEAR MR. SPEAKER: This is to notify you stand. Quite miraculous. day of the Bush administration. formally, pursuant to Rule VIII of the Rules President Bush would be the first of the House of Representatives, that I have The main thing that I want it to been served with a subpoena, issued by the point out, I know many people in this President since Herbert Hoover to have United States Department of Commerce, Na- body have been led to believe this can lost jobs during his time in office. Yet tional Oceanic and Atmospheric Administra- only be done with embryonic stem he goes to Timken, he says that is the tion (NOAA), for testimony. cells. It actually cannot be done with picture of the future. After consultation with the Office of Gen- embryonic stem cells. It was done with Now, the President’s answer to every eral Counsel, I have determined that compli- an adult stem cell. The stem cell was single piece of bad economic news is ance with the subpoena is consistent with taken from her nose and she is con- two-fold. First of all, the President the precedents and privileges of the House. says more tax cuts for the wealthiest Sincerely, tinuing to improve. GEOFF BOWMAN, Only inside the beltway do people be- people in society. A person making $1 Professional Staff Member. lieve what is not true to be true and million on average last year got a f what is true to be what is not true. $123,000 tax cut. More tax cuts for the Adult stem cells allow people pre- wealthiest people in our society, the UNFAIR ALLOCATION OF viously paralyzed to walk. largest corporations in our society, HOMELAND SECURITY FUNDS f hoping that those tax cuts trickle (Mr. SHAW asked and was given per- down and create jobs. That is one of mission to address the House for 1 SPECIAL ORDERS the President’s answers. minute and to revise and extend his re- The SPEAKER pro tempore (Mr. The other is more trade agreements marks.) PEARCE). Under the Speaker’s an- like the North American Free Trade Mr. SHAW. Mr. Speaker, this is the nounced policy of January 7, 2003, and Agreement, Central American Free third day in a row that I have come to under a previous order of the House, Trade Agreement, Free Trade Area of

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.110 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5133 the Americas, all of these trade agree- Fourth, all of us in this body say pass bryonic stem cell research should not ments that continue to ship jobs, con- the Crane-Rangel bill, which gives in- be illegal, and it is not illegal in the tinue to hemorrhage jobs overseas. centives to those companies and re- United States. That has been the President’s answer. wards those companies which manufac- We hear around this town that we Mr. DREIER. Mr. Speaker, would the ture in this country, rather than the need to lift the restrictions on embry- gentleman yield? Bush tax breaks that give manufac- onic stem cell research. There are no Mr. BROWN of Ohio. I will yield. turing all kinds of incentives to com- restrictions. The real debate in this Mr. DREIER. Mr. Speaker, I will try panies that shift jobs overseas. town is because we destroy an embryo to be very brief because I know you f in the process of doing embryonic stem only have 5 minutes. I have an hour cell research, a lot of people feel that EXCHANGE OF SPECIAL ORDER special order and I will be talking in a that is morally and ethically wrong TIME little while about this. and that it should not be funded by I think it is important to note that Mr. WELDON of Florida. Mr. Speak- taxpayer dollars; and this is really you just described this sort of trickle er, I ask unanimous consent to take what the debate is about in Wash- down in the area of tax cuts. And it is the time of the gentleman from Indi- ington. It is really about funding the important to know what you describe ana (Mr. BURTON). destruction of more embryos because as trickle down in the last 9 months The SPEAKER pro tempore (Mr. in reality the NIH today is funding has created 1.4 million new jobs right PEARCE). Is there objection to the re- some embryonic stem cell research. here in the United States. Month be- quest of the gentleman from Florida? They are just not funding the further fore last we saw the largest increase in There was no objection. destruction of more embryos. 45 months in manufacturing jobs. f What we will also hear over and over I am very familiar with the Timken and over again is that embryonic stem Company. I am very sympathetic and EMBRYONIC STEM CELL RESEARCH cells have all the potential and the concerned about the issue that has just adult stem cells do not, and I have been raised on that issue. The SPEAKER pro tempore. Under a risen on this floor multiple times over Similarly, if we look at the issue of previous order of the House, the gen- the past 4 years pointing out to my col- trade we now enjoy a quarter of a tril- tleman from Florida (Mr. WELDON) is leagues that in the medical literature lion dollars, a quarter of a trillion dol- recognized for 5 minutes. today we can read research articles re- lars in trade between the United States Mr. WELDON of Florida. Mr. Speak- porting that diseases like multiple of America and Mexico. er, I rose a short while ago, spoke for 1 Mr. BROWN of Ohio. Mr. Speaker, re- sclerosis and lupus and rheumatoid ar- minute about a brave young lady. She thritis and even Parkinson’s disease claiming my time, the fact is this quar- was in my office just yesterday, along ter trillion dollars of trade we had a are being cured or significantly im- with another brave young lady. This is proved with adult stem cells. You can- trade surplus with Mexico before Susan Fajt, and she was accompanied NAFTA that is now a turned into a not show me one article that embry- by Laura Dominguez. Both had suffered onic stem cells have ever been used for trade deficit. We had a small trade def- spinal cord injuries. Both ladies were icit with China when the gentleman anything like that. Indeed, you cannot injured in a car wreck. Laura’s injury even show me a good animal model from California (Mr. DREIER) came to was in the neck, and this young lady’s this body and when I came to this body where embryonic stem cells are suc- injury was in what we call T–6. It is the cessful in treating an animal with a that is now $120 billion trade deficit. thoracic spine which is sort of the The fact is we continue to have lost disease. upper part of the chest, middle of the There is one study in rats showing jobs in our State, even with some eco- chest area. nomic growth that has taken place in that they may have some application I practiced medicine for 15 years be- in this arena here, but the embryonic the last few months. Ohio and the Na- fore I was elected to the House. I still tion still are 2 million jobs behind what stem cells are genetically unstable. see patients once a month. I used to They form tumors called teratomas. President Bush had when he came into take care of a lot of spinal cord inju- office. There were 22 million jobs cre- The real reason why so many people ries, and in the past it has been very are excited about embryonic stem cell ated during the Clinton administra- hard and very difficult because there tion. There is a net loss of close to 2 is because you cannot patent this pro- really was not very much that you cedure. You do this procedure, you can- million jobs during the Bush adminis- could do. tration. not get rich; but if you can develop an What both of these ladies had done, embryonic stem cell that can do that, Now, today, Mr. KERRY came to Can- this is a new treatment, a new inter- ton to talk about some of these same you can become perhaps one of the vention; and it is not approved to be richest people in the world. issues. Mr. KERRY’s solutions are not done in the United States. The place more tax cuts for the richest people in I just rise to point out to my col- where it is currently being done is in leagues that adult stem cells are being society, the major contributors to the Portugal by a Dr. Carlos Lima. One of Republican party. used for incredible things, and Susan the doctors working with Carlos Lima and Laura were both tremendously b 1515 is an American doctor from Alabama, helped by adult stem cells. Nobody on His solution is not more trade agree- and what they do is stem cell trans- the other side of this argument can get ments that continue to hemorrhage plant. They harvest the stem cells from up on the floor of the House today with jobs overseas. His solutions are several the nose, what we call the olfactory a picture like this using embryonic things. mucosa, and place them in strips along stem cells, and Susan and Laura both First of all, extend unemployment the injured section of the spinal cord. felt the same way, Laura did not have benefits to the million people who have This lady previously was confined to her braces with her so I could not get lost their jobs in this country, who a wheelchair. She had no sensation a shot of her standing up, that they do have tried to find work and have not from about the middle of her chest not want to make embryonic stem cells and had their benefits expire. down, no muscle control in her lower illegal, but they feel the same way that Second, expand rather than elimi- body and in her legs. So she was con- I do. They are insulted when people say nate, like the President wants to do, fined to a wheelchair, unable to walk; adult stem cells have no potential. the manufacturing extension program and with this intervention, she is now which helps small manufacturers figure able to walk with braces on her legs, f out how to navigate the global econ- and we can see the braces down there, The SPEAKER pro tempore. Under a omy. and with the assistance of a walker. previous order of the House, the gen- Third, Mr. KERRY says Congress Still obviously very handicapped, but tleman from Oregon (Mr. DEFAZIO) is should put a hold on trade agreements she is actually continuing to show im- recognized for 5 minutes. and go back and re-examine and look provement. (Mr. DEFAZIO addressed the House. at changing the trade agreements that She and I talked at some length. She His remarks will appear hereafter in are already in effect. feels the same way that I do, that em- the Extensions of Remarks.)

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.113 H25PT1 H5134 CONGRESSIONAL RECORD — HOUSE June 25, 2004 ORDER OF BUSINESS other reforms in Turkey, including the There was no objection. Mr. FILNER. Mr. Speaker, I ask introduction of public broadcasting in f minority languages. However, serious unanimous consent to speak out of the TWO INDEPENDENCE DAYS order. human rights and repression of the The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Is there Kurds continue in Turkey. previous order of the House, the gen- objection to the request of the gen- From June 8–10, Human Rights tleman from Indiana (Mr. PENCE) is tleman from California? Watch, Amnesty International, and the There was no objection. International Federation for Human recognized for 5 minutes. Rights joined with Turkish human Mr. PENCE. Mr. Speaker, as we de- f rights groups in a joint delegation to part for the Independence Day recess KURDISH PRISONERS RELEASED investigate the situation in Turkey. on Capitol Hill, families and commu- The SPEAKER pro tempore. Under a They heard continuing allegations of nities across America will prepare for previous order of the House, the gen- torture and violations of freedom of ex- celebrations and remembrances of the 4th of July; and as I and my family and tleman from California (Mr. FILNER) is pression, assembly, association, reli- recognized for 5 minutes. gion, and the right to a fair trial. They my heartland district in eastern Indi- Mr. FILNER. Mr. Speaker, I rise expressed concern about prisons, na- ana prepare to do likewise, I could not today to spend a few minutes to talk tional minorities, the lack of inde- help but feel that, in fact, in coming about some developments recently in pendent investigations into human days we will celebrate not one, but two the country of Turkey, some of which rights violations, and internal displace- Independence Days: one for an 18th we celebrate, some of which we have ment. century colonial power born in violent great concern about. The State Department human rights conflict, aided by an ally in liberty to Let me first, by the way, extend my report, released just in February, also throw off the shackles of a despotic ty- condolences to victims of yesterday’s found that serious human rights prob- rant who beset its people for decades, terrorist bombings in Turkey and to lems exist. The report says that secu- and of that struggle, those people the families of the victims. Certainly rity forces killed 43 people last year would write some 228 years ago that we want the perpetrators brought to and participated in widespread torture, they held truths to be self-evident, justice quickly. beatings, and other abuses. The Turk- that all men are created equal, and But I rise to celebrate a small, but ish Government continued to limit free that governments are instituted among very important, victory for human speech in the press and, in particular, men deriving their just powers from rights that took place last week. Four restricted expression by people sympa- the consent of the governed, that human rights prisoners in Turkey were thetic to Kurdish cultural or nation- whenever any form of government be- released. Leyla Zana, a prominent alist viewpoints. comes destructive of these ends, that it Kurdish advocate for human rights, So we are pleased at the release of is the right of the people to alter or and her colleagues, Hatip Dicle, Slim Leyla Zana and her colleagues, but we abolish it and institute a new govern- ment, laying its foundation on such Sadak and Ornhan Dogan, were re- are not placated by this good news. We principles and organizing its powers in leased from prison following a June 9 demand greater progress. The Euro- such form as to them shall seem most appeals court ruling in their favor. pean Union should insist that Turkey These were Kurdish citizens of Tur- take greater strides to improve its likely to effect their safety and happi- ness. key. These were citizens who were human rights record and treatment of They went on to cite a long string of elected by majority vote to the Turk- the Kurds before joining the European abuses and usurpations pursuing in- Union. Turkey needs to realize that its ish Parliament. These were Kurds who variably the same object of absolute Kurdish citizens enrich the country had the nerve to speak their own na- despotism, and claimed with their rather than threaten it. tive language, Kurdish, in the Turkish lives, their fortunes and their sacred Parliament; and they were arrested President Bush will visit Turkey for a NATO summit next week. He should honor that it was their right and their and sentenced to 15 years in prison. duty to throw off such government. Amnesty International declared use this opportunity to press for great- er respect for human rights. I would One independence day. them prisoners of conscience. They The other will take place for the first hope that he meets with Leyla Zana have been there 10 years. time this coming Wednesday, not an and shows his respect for human rights Leyla Zana was probably the best 18th century colonial nation, but a 21th for the Kurdish minority in Turkey. known of the four prisoners. She was century modern power in the Middle the first Kurdish woman elected to f East whose freedom is also being born Turkey’s Parliament who openly and The SPEAKER pro tempore. Under a at this very hour in violent conflict, proudly identified herself as a Kurd. In previous order of the House, the gen- aided by the armies of a liberty-loving fact, the European Parliament awarded tleman from Indiana (Mr. BURTON) is ally to throw off the despotism and her a Sakharov Prize in 1995 for defend- recognized for 5 minutes. tyranny that has beset its people for ing human rights. (Mr. BURTON of Indiana addressed decades and of their freedom the people I had the great pleasure of getting to the House. His remarks will appear of Iraq wrote these words in the pre- know her husband, Mayda, who trav- hereafter in the Extensions of Re- amble to their Constitution: eled around the world to talk about the marks.) ‘‘The people of Iraq, striving to re- injustice of his wife being in prison. I f claim their freedom which was usurped spent time with her son Ronee who was The SPEAKER pro tempore. Under a by the previous tyrannical regime, re- for a short time a student in Los Ange- previous order of the House, the gen- jecting violence and coercion in all its les. This was a whole family dedicated tleman from Nebraska (Mr. OSBORNE) is forms, and particularly when used as to human rights for all, and especially recognized for 5 minutes. instruments of governance, have deter- to the Kurdish minority who has been (Mr. OSBORNE addressed the House. mined that they shall hereafter remain denied them in Turkey. His remarks will appear hereafter in a free people governed under the rule of The release of these prisoners of con- the Extensions of Remarks.) law.’’ science was a result of international f Two Independence Days: One, 228th pressure, and I want to thank the 21 anniversary of ours on the 4th of July; EXCHANGE OF SPECIAL ORDER Members of Congress who joined with and the other, the first-ever Independ- TIME me in H. Res. 302 that called for the re- ence Day for a free and democratic Iraq lease of these four parliamentarians. Mr. PENCE. Mr. Speaker, I ask unan- on a day that will live in history for The Kurdish community in the United imous consent to speak out of turn and the people of that great nation as a day States, as well as human rights advo- claim the gentleman from Nebraska’s of celebration, June 30, 2004. cates across the country, played an im- (Mr. OSBORNE) time. portant role in gaining their release. The SPEAKER pro tempore. Is there b 1530 So we welcome the release of these objection to the request of the gen- Two independence days. We will cele- prisoners of conscience, as well as tleman from Indiana? brate in each of them the inexorable

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.116 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5135 rise of freedom in the world, and its ad- other signatories to the Genocide Con- However, this visit must be more than vance is ever to be heralded. And may vention also have a legal obligation to, just an expression of concern. Sec- we ever add to the calendar of this and I quote, ‘‘undertake to prevent and retary General Annan must make it planet, until each and every month is punish’’ the crime of genocide. clear that if the Sudanese government filled with the anniversary of such free- The Convention defines genocide as does not cooperate fully in stopping dom days. actions undertaken ‘‘with intent to de- the killings and the destruction, he Until that great day comes, and the stroy, in whole or in part, a national, will push for immediate international veil of tyranny is lifted from the four ethnic, racial, or religious group, as sanctions. corners of planet earth, two independ- such.’’ The actions include ‘‘delib- And he must let the Sudanese gov- ence days in the next 7 days. Let free- erately inflicting on members of the ernment know that the welcome dom ring in the United States of Amer- group conditions of life calculated to progress in reaching accommodation ica and in a free and Democratic Iraq. bring about its physical destruction in with the south in Sudan will not pre- f whole or in part.’’ By all accounts, in- vent the world from taking action to cluding reports of U.N. fact finders and stop the horror in Darfur. The U.N. ig- ACT NOW TO STOP HUMANITARIAN the USAID, it is the African peoples in nored warnings of mass murder a dec- CATASTROPHE IN DARFUR, SUDAN the Darfur region who have been tar- ade ago in Rwanda. It must not stand The SPEAKER pro tempore (Mr. geted for destruction by the Khartoum- idly by again. PEARCE). Under a previous order of the backed Arab Jangaweed death squads. We should not allow other members of the House, the gentleman from Maryland In the middle of an unfolding crisis U.N. Security Council to engage in endless (Mr. VAN HOLLEN) is recognized for 5 like that in Darfur today, there will al- negotiations and delay a vote on a strong res- minutes. ways be debate over whether what is olution. Every day that goes by without action Mr. VAN HOLLEN. Mr. Speaker, 10 happening constitutes genocide. But it means more lives lost. Let’s vote on a resolu- years ago, as bloated corpses floated is important to remember that the tion. If the rest of the world refuses to author- down Rwanda’s rivers, the inter- Genocide Convention does not require ize collective action, shame on them. Failure national community debated whether absolute proof of genocidal intentions to pass such a resolution would not represent the atrocities being committed in before the international community is a failure of American leadership; it would be a Rwanda fit the legal definition of empowered to intervene. The Conven- terrible blot on the world’s conscience. ‘‘genocide.’’ By the time the world tion would, after all, offer no protec- Whether or not the United Nations acts, the stopped debating, it was too late. Over tion to innocent victims if we had to United States should take steps on its own. 800,000 men, women, and children had wait until there were tens of thousands We should make it clear that if the Sudanese been killed. The failure of the world to or more corpses before we act. A key government does not meet the demands in act in Rwanda remains a stain on our part of the Genocide Convention is pre- the proposed resolution, the United States will collective conscience. vention, not just punishment after the impose travel restrictions on Sudanese offi- We must learn from the tragic mis- fact. cials and move to freeze their assets. Even takes of the past. Today, just 1,000 The United States has already done apart from U.N. action, we can immediately miles north of Rwanda in the Darfur more than any other nation to call at- urge other nations to join us in taking these region of Sudan, more than 30,000 peo- tention to and respond to this tragedy. and other measures. ple have already been killed by the Su- But our efforts to date have not I commend Secretary of State Colin Powell danese military’s aerial bombardments brought an end to the growing crisis. for his decision to travel to Sudan next week and the atrocities being committed by We must take additional measures, and and visit the Darfur region. It is critical that the their ruthless proxies, the Jangaweed we must take them now. Secretary’s visit do more than simply call at- militia. Gang rapes, the branding of The May 25 Security Council state- tention to the tragedy unfolding there. He must raped women, amputations, and sum- ments expressing grave concern about make it clear that the failure of Khartoum to mary killings are widespread as we the situation in Darfur does not pro- fully cooperate in ending the destruction and speak. vide any authority for international killings will result in a concerted American ef- More than a million people have been action. The United States should im- fort to punish the Sudanese government and driven from their homes as villages mediately call for an emergency meet- harness international support to intervene in have been burned and crops destroyed. ing of the United Nations Security Darfur. The Sudanese government has delib- Council and introduce and call for a Mr. Speaker, we must not look back erately blocked the delivery of food, vote on a resolution that demands the on Darfur 10 years from now and decry medicine, and other humanitarian as- government of Sudan take the fol- the fact that the world failed to stop sistance. More than 160,000 Darfurians lowing steps: the crime of genocide. Rwanda and have become refugees in neighboring First, allow international relief other genocides should have taught us Chad. Conditions are ripe for the groups and human rights monitors free that those who knowingly fail to con- spread of fatal diseases such as mea- and secure access to the Darfur region; front such evil are themselves sles, cholera, dysentery, meningitis second, the government of Sudan must complicit through inaction. We are all and malaria. The United States Agency immediately terminate its support for God’s children. These are crimes for International Development esti- the Jangaweed and dispatch its forces against humanity. Let us respond to mates that 350,000 people are likely to to disarm them; third, the Sudanese this unfolding human disaster with the die in the coming months and that the government must allow the more than urgency it demands. death toll could reach more than a mil- one million displaced persons to return lion unless the violence stops and the to their homes. f Sudanese government immediately This resolution must include stiff The SPEAKER pro tempore. Under a grants international aid groups access sanctions if the Sudanese government previous order of the House, the gen- to Darfur. refuses to meet these conditions, and it tleman from Michigan (Mr. SMITH) is Here in Washington and at the must authorize the deployment of recognized for 5 minutes. United Nations headquarters in New peacekeeping forces to Darfur to pro- (Mr. SMITH of Michigan addressed York, many officials are again debat- tect civilians and individuals from the House. His remarks will appear ing whether this unfolding tragedy CARE and other humanitarian organi- hereafter in the Extensions of Re- constitutes genocide, ethnic cleansing, zations seeking to provide assistance. marks.) or something else. This time let us not It is also critical that United Nations f debate until it is too late to stop this Secretary General Kofi Annan exhibit human catastrophe. Let us not wait strong leadership on Darfur. I was SAUDI ARABIA: THE NEED FOR until thousands more children are pleased to join with the gentleman AMERICAN ENGAGEMENT killed before we summon the will to from Virginia (Mr. WOLF) in urging The SPEAKER pro tempore. Under a stop this horror. America and the him to go to Sudan to address the cri- previous order of the House, the gen- international community have a moral sis there, and I am pleased that Mr. tleman from California (Mr. SCHIFF) is duty to act. The United States and 130 Annan will finally be going next week. recognized for 5 minutes.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.120 H25PT1 H5136 CONGRESSIONAL RECORD — HOUSE June 25, 2004 Mr. SCHIFF. Mr. Speaker, the NBC Arab world. A stable, moderate and re- Cartersville Purple Hurricanes, a pro- Nightly News broadcast a segment in forming Saudi government is in Amer- gram that captured State titles for the which the Saudi Crown Prince ica’s national interest, and we must past 3 years in a row. I am proud to say Abdullah was quoted as telling Saudi push for reform in Saudi Arabia with- that the runner up and defending television that ‘‘Zionists’’ were behind out destabilizing the country further champion, Cartersville High School, is May 1 attack on contractors at the and throwing it into chaos. also in Georgia’s 11th congressional Saudi oil facility in Yanbu. That at- Saudi Arabia’s problems did not arise district. tack killed five westerners, including overnight. They are the product of dec- The Grangers’ crown did not come two Americans. ades of tension between the Saudi easily. They split a double-header to The Crown Prince’s remarks were royal family and the Wahhabi clerics, force a decisive game three. In that echoed by Saudi Interior Minister whose ultra-conservative brand of final game, LaGrange jumped out to a Prince Nayef, who said that, ‘‘al Qaeda Islam predominates in the Kingdom. big lead, going ahead 9 to 2. But the is backed by Israel and Zionism.’’ When the House of Saud came to Purple Hurricanes were not done yet. Prince Abdullah’s comments were scur- power, it sought to bring electricity, They crawled back, and then notched rilous and inflammatory; unfortu- modern communications, and infra- three runs in the sixth inning to tie the nately, they are part of a persistent structure to a traditional nomadic game at 10 to 10. That is when the pattern by the Saudi government of desert society. Grangers proved they had the heart of saying one thing to the United States In November 1979, these contradic- champions. and the west and another thing alto- tions exploded when a group of Islamic In the bottom of the sixth, LaGrange gether to its own citizens, 15 of whom militants invaded Mecca’s Grand knocked in three runs, and senior Josh participated in the September 11 at- Mosque and took hundreds of pilgrims Edmonson took the mound in the sev- tacks against our Nation. hostage. Government forces retook the enth inning to snuff out any more Indeed, the fact that three-quarters Mosque and executed dozens of Islamic comeback hopes for the Purple Hurri- of the 9–11 terrorists were Saudis and extremists. Instead of working to root canes. that their leader, Osama bin Laden, out extremism throughout the coun- was a member of a family that long en- try, the government sought accommo- b 1545 joyed close ties to the Saudi royal fam- dation with the extremists and handed After winning game three of the se- ily, should have spurred the Saudi gov- over control of many aspects of Saudi ries, the Grangers finished the year 31– ernment to immediate action. Instead, life, including education, the Judici- 6. I am proud for the team and I am Saudi officials engaged in a protracted ary, and cultural affairs to the clerics. proud for the coaches, Donnie Branch effort to deny that any of their citizens As a Saudi businessman tellingly told and Jon Powell, who have been to- had been involved in the 9–11 attacks Newsweek’s Fareed Zakaria recently, gether with the team since 1989. Their and instead blamed Israel for ter- ‘‘Having killed the extremists, the re- teams had advanced far in the tour- rorism. gime implemented their entire agen- nament in previous years, but the ulti- Saudi double-talk has had the effect da.’’ mate crown had remained elusive until of undermining the efforts that King- Thus, at the height of the Saudi oil now. dom has belatedly made in combating boom of the 1970s and 1980s, Saudi Ara- As Coach Powell explained his excite- terrorism. In the wake of the May 2003 bia took a sharp conservative turn. ment to the LaGrange Daily News, bombing of the housing compounds in Even as thousands of young Saudis ‘‘You can’t put it into words. You Riyadh, the Saudi government began were being educated in the west, the dream about it and you work and you to take steps to cut off sources of ter- majority of their countrymen were work and you work.’’ rorism funding, but much more needs being fed a diet of religious and cul- Coach Branch, congratulations on a to be done. A new report from the tural bigotry. The rights of women, al- dream come true and a job well done. Council on Foreign Relations notes ready almost nonexistent, were even f that while Riyadh has enacted new more circumscribed. The SPEAKER pro tempore (Mr. laws, regulations, and institutions By September 2001, the Saudi econ- PEARCE). Under a previous order of the dealing with money laundering, chari- omy had faltered, its cities were filled House, the gentleman from Washington table donations, and financial oper- with large numbers of undereducated, (Mr. INSLEE) is recognized for 5 min- ations, those new measures have not underemployed, and unmotivated utes. been fully implemented and there have young people who had both tasted mo- (Mr. INSLEE addressed the House. been no arrests of prominent Saudis dernity and were steeped in an ideology His remarks will appear hereafter in who have supported al Qaeda finan- that preached hatred toward the west. the Extensions of Remarks.) cially. While the Saudis have begun to ad- While we must work with the Saudis dress the terrorist financing issue, Ri- f to ensure they are continuing to move yadh has yet to begin the more dif- forward in their efforts in EVENTS IN SUDAN AND IN ficult task of recapturing the country MEMORY OF MATTIE STEPANEK counterterrorism, the war against Is- from the extremists. This battle will be lamic terrorism requires the United long, it will be difficult, and it will be The SPEAKER pro tempore. Under a States to engage Saudi Arabia on a bloody, but we must keep the pressure previous order of the House, the gentle- broad range of issues. As the Council on the government of Saudi Arabia to woman from Texas (Ms. JACKSON-LEE) on Foreign Relations noted, our rela- do this. Our security and their future is recognized for 5 minutes. tionship with Saudi Arabia over the depends upon it. Ms. JACKSON-LEE of Texas. Allow me, Mr. Speaker, to join in with a past 7 decades was built on a bargain in f which the Kingdom would ensure sta- number of my colleagues and as well bility in the world’s oil markets and TRIBUTE TO LAGRANGE GRANG- the Congressional Black Caucus on this would play a constructive role in re- ERS, GEORGIA’S 2004 AAA HIGH question of the people in Sudan. I add gional security. In exchange, the SCHOOL BASEBALL CHAMPIONS my appreciation to the leadership of United States would guarantee Saudi The SPEAKER pro tempore. Under a the gentleman from New Jersey (Mr. security and would not interfere or previous order of the House, the gen- PAYNE) and the gentleman from Vir- raise questions about Saudi domestic tleman from Georgia (Mr. GINGREY) is ginia (Mr. WOLF) and Senator issues. recognized for 5 minutes. BROWNBACK on recognizing the enor- The events of September 11 compel us Mr. GINGREY. Mr. Speaker, I rise mity of the genocide that is occurring to challenge the Saudis to change the today to pay tribute to the LaGrange in Sudan. I know that if the nation of conditions in the Kingdom that have High School Grangers, Georgia’s 2004 Sudan wants to do better, it can do made it a breeding ground for extre- AAA high school baseball champions. better. mism. We must do this for our own se- To win the State championship, La- Right now we have 400,000 Sudanese curity, but also to help ensure the sta- Grange had to beat one of Georgia’s being displaced and thousands being bility of Saudi Arabia and of the entire greatest baseball powerhouses, the killed every day. As some of us said

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.123 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5137 this week, we cannot return to the Through Heartsongs.’’ He said that if called ‘‘Heartsongs.’’ Within weeks, the book Rwanda where we lost millions of lives he could be the one to change people’s reached the top of the Times’ best-seller list. in the conflict and bloodshed of a few minds about war and peace, he wanted He wrote four other books: ‘‘Journey years ago. This is genocide, Arab it to be him. And so as he sat in his Through Heartsongs,’’ ‘‘Hope Through Heart- against Black Muslim, and it must wheelchair with a breathing tube, no songs,’’ ‘‘Celebrate Through Heartsongs,’’ and stop. I would encourage Secretary Kofi one could stop having their heart go ‘‘Loving Through Heartsongs.’’ Annan, who will be heading to Sudan, out to him and be moved by a child His poems brought him admirers including to give a very strong and very noncom- guiding us, adults who are based in Oprah Winfrey and former President Carter promising statement and demand. conflict and who cause wars. and made him one of the best-selling poets in I would likewise encourage and sug- Here was a child encouraging us to recent years. gest that Secretary Powell must be educate the public and plead with us Mattie was hospitalized many times over the noncompromising and demanding, the whether we would stand for peace over years. He rolled around his home in a wheel- immediate cease-fire and disarming of war and life over death. This young chair he nicknamed ‘‘Slick,’’ and relied on a the Janjaweed and as well the imme- man who suffered his entire life, you feeding tube, a ventilator and frequent blood diate response, humanitarian efforts to would never know that Mattie suffered, transfusions to stay alive. be able to go into that area. My under- for he spoke with eloquence and com- Despite his condition, Mattie was upbeat, standing is that bloodshed continues passion and spirit, and he just drew you saying he didn’t fear death. His work was full and whatever the representations have to him. Mattie was 13 years old, but he of life, a quest for peace, hope and the inner been of the government, the bloodshed could say to those far beyond his years voice he called a ‘‘heartsong.’’ ‘‘It’s our inner beauty, our message, the has not stopped. in wisdom and in age, he could tell songs in our hearts,’’ he said in an interview Might I say that those of us who care them that they were loved and that with The Associated Press in November 2001. about people care about all of the peo- there was another place and that he be- ‘‘My life mission is to spread peace to the ple in Sudan, but not the violent mur- lieved in peace. derers that have been intimidating and One of his songs says, ‘‘Have you wit- world.’’ I also want to use this time to speak about frightening and killing innocent peo- nessed the early morning, right before the Ad Council’s new public opinion survey, ple. As I said, the Government of the sun rises and the sky glows purple entitled, ‘‘Turning Point: Engaging the Public Sudan can in fact make changes. The lava lamp? The clouds are the dark, on Behalf of Children.’’ This report concludes question is to them, Do they want to floating lumps, and the still, gentle what many of us in the Congressional Chil- make these changes? The Ambassador Earth is to look upon.’’ He called it dren’s Caucus have known for some time: we has said so, and I would like to hear ‘‘Rapture.’’ He then had one called need to effectively communicate to the public from the government to know that ‘‘Hope’’: ‘‘Gentle and peaceful. We are about helping kids. ‘‘Turning Point’’ indicates they are stopping the bloodshed. the children of one God yet so many that the public is willing to listen and the chil- Mr. Speaker, I want to transition, be- faiths. True, we are different. Unique cause my comments are about peace dren need our help more than ever. mosaics of life. Still, we are the same. I have spoken with the Ad Council, and their and tranquility and the need for such. United we are the festive fabric of life. panel of experts which included Warren I would like to transcend just for a mo- Divided we fall.’’ Kornblum, Chief Marketing Officer, Toys ’R’ ment to honor a young man that I did Mr. Speaker, I would say to you that Us, Gary Knell, President and CEO, Sesame not know, but as Chair of the Congres- if we listen for just a moment to that Workshop, and Paul Kurnit, Founder & Presi- sional Children’s Caucus I am obligated fleeting voice of this young man who dent, KidShop. Based on their research and to acknowledge young Mattie now I know lives above us in heaven, interviews, the report concludes that the public Stepanek, a young, 13-year-old poet we would understand the sweetness of a has a more positive view of children and the who suffered with muscular dystrophy, tranquil peace and to recognize that as majority of Americans believe that parents are a child poet who continued to inspire conflicts abound in Afghanistan and responsible for raising children with the sup- us, whose inspirational verse made him Iraq and as this world looks to America port of their community. Instead of focusing on a best-selling writer and a prominent and its future, maybe, Mr. Speaker, we blame, we are going to focus on a solution. voice for muscular dystrophy sufferers. will be allowed to take a brief message There are a myriad of challenges facing our He died Tuesday of a rare form of the from Mattie and regain our moral high children, and we must work to make children disease. Interestingly enough, not only ground, the Nation who defends and a top legislative priority or it will be a constant did he lose his life, but his mother lost not offends, the Nation who stands for struggle to address them. In my State of children before with the same disease. the morality of peace. Texas, 120,370 children were reported as Can you imagine? I salute Mattie Stepanek and to his abused or neglected and referred for inves- Mattie died at Children’s National loving mother who has lost four of her tigation in the year 2001. This is a rate of 20 Medical Center in Washington, the hos- children, I pray for them, I pray for his per every 1000 Texan children. Even more pital said. He had been hospitalized soul. God bless him. God bless America. troubling, 206 children died as a result of since early March from complications Mattie Stepanek, the 13-year-old child poet, abuse or neglect in Texas in 2001. related to the disease that impaired whose inspirational verse made him a best- As Chair of the Congressional Children’s most of his body. But, Mr. Speaker, it selling writer and a prominent voice for mus- Caucus, I am always appreciative of ways to did not impair his mind and his spirit. cular dystrophy sufferers, died Tuesday of a put the needs of children at the forefront of His poetry sold millions of copies. And rare form of the disease. our legislative agenda. The Ad Council has when I saw his last repeated interview Mattie died at Children’s National Medical provided us communication and message with Larry King, I saw him say that he Center in Washington, the hospital said. He tools. We in Congress can use these to con- wanted to be a peacemaker, he wanted had been hospitalized since early March for vey that children are indeed a high priority. his life to exude what we could do as a complications related to the disease that im- Educating the public about children is not human family. He wanted this Earth to paired most of his body’s functions. something we can leave alone, in hopes of it be full of peace. His mother, Jeni, 44, In his short life, the tireless Mattie Stepanek occurring by itself. I hope that many of you has the adult onset form of the disease wrote five volumes of poetry that sold millions here can take these communication tools back and his three oldest siblings had died of of copies. Three of the volumes reached the to your offices, your districts and your own the same disease in early childhood. New York Times’ best-seller list. homes. Mattie began writing poetry at age 3 Mattie had dysautonomic mitochondrial my- MATTIE STEPANEK’S POEMS (AS READ ON to cope with the death of a brother. In opathy, a genetic disease that impaired his LARRY KING LIVE) 2001, a small publisher issued a slim heart rate, breathing, blood pressure and di- HEARTSONG volume of his poems called gestion, and caused muscle weakness. His And a heartsong is your inner message, it’s ‘‘Heartsongs.’’ Within weeks, the book mother, Jeni, 44, has the adult-onset form of your inner beauty, like what you are reached the top of the Times best-sell- the disease, and his three older siblings died meant to do in life. My heartsong is to er list. He wrote four other books: of it in early childhood. help others hear theirs again. ‘‘Journey Through Heartsongs,’’ ‘‘Hope Mattie began writing poetry at age 3 to cope And all heartsongs are different and unique Through Heartsongs,’’ ‘‘Celebrate with the death of a brother. In 2001, a small and beautiful. And even though simi- Through Heartsongs’’ and ‘‘Loving publisher issued a slim volume of his poems, larities are good, it’s the differences

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.127 H25PT1 H5138 CONGRESSIONAL RECORD — HOUSE June 25, 2004 that make them special. And we should Mattie died at Children’s National Medical where a district judge has thrown out never try to force our heartsongs on Center in Washington, the hospital said. He the Federal sentencing guidelines as others or have all the same heartsongs. had been hospitalized since early March for unconstitutional. This is an interesting And it’s sad that people are fighting over complications related to the disease that im- case because the guidelines were whose heartsong is better nowadays, paired most of his body’s functions. upheld in 1989 by the Supreme Court, In his short life, the tireless Stepanek because they’re all different and beau- so it will be important to look closely tiful. wrote five volumes of poetry that sold mil- lions of copies. Three of the volumes reached at this case because the judge clearly RAPTURE the New York Times’ best-seller list. feels that there are now grounds to Have you witnessed the early morning, right ‘‘Mattie was something special, something throw the sentencing guidelines out before the sun rises and the sky glows very special,’’ entertainer Jerry Lewis, who notwithstanding the Supreme Court purple lava lamp? The clouds are the chairs the Muscular Dystrophy Association, decision and probably because the Su- dark, floating lumps, and the still, said in a statement. gentle earth is to look upon. preme Court decision does not take ‘‘His example made people want to reach into effect all that the Massachusetts HOPE HAIKU for the best within themselves.’’ district judge has found. Gentle and peaceful. We are the children of Mattie had dysautonomic mitrochondrial This has to go, of course, to the First myopathy, a genetic disease that impaired one God yet so many faiths. True, we Circuit Court of Appeals. It is very sig- are different. Unique mosaics of life. his heart rate, breathing, blood pressure and Still, we are the same. United we are digestion, and cuased muscle weakness. nificant. What makes it more signifi- the festive fabric of life. Divided we His mother, Jeni, 44, has the adult-onset cant is that the Supreme Court itself fall. form of the disease, and his three older sib- has now just thrown out Washington RESOLUTION INVOCATION lings died of it in early childhood. State guidelines of a kind that are very Mattie began writing poetry at age 3 to Let this truly be the celebration of a new similar to the Federal guidelines, at cope with the death of a brother, In 2001, a year. Let us remember the past, yet least in many respects, in an opinion small publisher issued a slim volume of his not dwell in it. Let us fully use the written by Justice Scalia. poems, called ‘‘Heartsongs.’’ Within weeks, present, yet not waste it. Let us life for Essentially what the court found in the book reached the top of the Times’ best- the future, yet not count on it. Let this the 5–4 decision is that the Washington seller list. truly be the celebration of a new year, He wrote four other books: ‘‘Journey State guidelines violate the sixth as we remember and appreciate and Through Heartsongs,’’ ‘‘Hope Through amendment right to a jury trial be- live, rejoicing with each other. Heartsongs,’’ ‘‘Celebrate Through cause the sentence is beyond the ordi- ABOUT HEAVEN Heartsongs’’ and ‘‘Loving Through nary range for the crime and this in- Now I will tell you about heaven. Where is Heartsongs.’’ crease in punishments was decided by a heaven? It is way over there. And it is His poems brought him admirers including judge and not by a jury. Therefore it way over there. And it is way over Oprah Winfrey and former President Carter was in violation, according to the Su- there, too. It is everywhere. What does and made him one of the best-selling poets in preme Court, of the sixth amendment it look like? It looks like a school. And recent years. it looks like a farm. And it looks like right to a jury trial. Mattie was hospitalized many times over Essentially what the court seemed to a home. It looks like everything. What the years. He rolled around his home in a does it sound like? Well, I really don’t wheelchair he nicknamed ‘‘Slick,’’ and relied be saying was that the Washington know, because I’m just a little big boy on a feeding tube, a ventilator and frequent State sentencing guidelines allow a with a brother and another brother and blood transfusions to stay alive. judge to enhance sentences beyond sister and a friend who live in the ev- In the summer of 2001, Mattie nearly died what has been placed before a jury and erywhere and everything of heaven. from uncontrollable bleeding in his throat beyond what the crime usually carries. But perhaps heaven sounds like for- and spent five months at Children’s Na- That is exactly what the Federal guide- ever. tional. When it seemed he would not survive, lines do and that is why everyone is IAM the hospital got in touch with a Virginia scrambling to see whether or not we I am black. I am white. I am all skins in be- publisher on his behalf. have something very significant and Mattie and his mother had sent the book tween. I am young. I am old. I am each how to take charge of it. age that has been. I am scrawny. I am to dozens of New York publishers, all of whom rejected it, according to Peter Barnes Its significance, of course, cannot be well fed. I am starving for attention. I doubted. For myself, my chief interest am famous. I am cryptic. I am hardly of VSP Publishers. Barnes said he was worth the mention. I am short. I am caught off guard when he read the work. is not only as a constitutional lawyer height. I am any frame or stature. I am VSP Books printed 200 copies of but my interest as well is on the effect smart. I am challenged. I am striving ‘‘Heartsongs’’ to be handed out to friends. of the Federal sentencing guidelines on for a future. I am able. I am weak. I am But after a news conference publicizing the an entire generation of young black some strength. I am none. I am being. book, interest exploded. ‘‘Heartsongs’’ went men. Only crack cocaine drug offenses I am thoughts. I am all things, said and on to sell more than 500,000 copies. have enhanced sentences. That is to done. I am born. I am dying. I am dust Despite his condition, Mattie was upbeat, say, if you have cocaine, there is no en- of humble roots. I am grace. I am pain. saying he didn’t fear death. His work was full of life, a quest for peace, hope and the hanced sentence. But if you have crack I am labor of willed fruits. I am a slave. cocaine, there is an enhanced sentence. I am free. I am bonded to my life. I am inner voice he called a ‘‘heartsong.’’ rich. I am poor. I am wealth amid ‘‘It’s our inner beauty, our message, the As you might imagine, crack cocaine, strife. I am shadow. I am glory. I am songs in our hearts,’’ he said in an interview because it is cheap, is found in lower- hiding from my shame. I am hero. I am with The Associated Press in November 2001. income communities. The effect has loser. I am yearning for a name. I am ‘‘My life mission is to spread peace to the been quite outrageous. Essentially if empty. I am proud. I am seeking my world.’’ you look at our country today, black tomorrow. I am growing. I am fading. I f men are 5 percent of the population. am hope amid the sorrow. I am certain. They are almost 50 percent of those in I am doubtful. I am desperate for solu- JUSTICES RAISE DOUBTS ON SENTENCING RULES jail. Have they been in jail for being tions. I am leader. I am student. I am drug kingpins? Not at all. These are fate and evolutions. I am spirit. I am The SPEAKER pro tempore. Under a mostly drug users. Any selling they voice. I am memory not recalled. I am previous order of the House, the gentle- chance. I am cause. I am effort, blocks have done has been to support their and walls. I am him. I am her. I am rea- woman from the District of Columbia habit for the most part. And the Fed- sons without rhymes. I am past. I am (Ms. NORTON) is recognized for 5 min- eral sentencing guidelines have so out- nearing. I am present in all times. I am utes. raged the Federal judiciary that the many. I am no one. I am seasoned by Ms. NORTON. Mr. Speaker, I come to Judicial Conference has in fact for each being. I am me. I am you. I am all the floor because of two court decisions years now been for the repeal of the souls now decreeing: I am. that will have, I think, very important guidelines. No less than two conserv- effects on the criminal justice system, MATTIE STEPANEK BACKGROUND ative justices, Justice Rehnquist and on justice in our country, and on the Mattie Stepanek, the child poet whose in- Justice Kennedy, have come forward in spirational verse made him a best-selling lives of many Americans who have in- speeches against the Federal judicial writer and a prominent voice for muscular deed not had the benefits of equal jus- guidelines. dystrophy sufferers, died Tuesday of a rare tice in our country. One comes from These cases merit real attention. The form of the disease. He was 13. the Massachusetts Supreme Court harm that has been done has been done

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.094 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5139 by this Congress. It is the Congress benefit. The center would offer much its reports are still relevant and useful, who in effect has virtually instructed needed sound principles to reap the but no more such reports are being pro- the sentencing commission to enhance benefits of technological change in in- duced. The loss of that technology as- sentences and to enhance sentences as dustry, in the Federal Government, in sessment is great. Now we have no ad- much as possible and particularly for the workplace, in our schools and look vice or sometimes haphazard review these drug offenses which are far from at the estimated economic and social panels whose composition may tempt where the harm is being done. impacts of rapid technological change. some to politicize science. Therefore, The essential effect is to destroy the The center would enable Congress bet- the gentleman from New York (Mr. African American family. Young ter to oversee Federal science and HOUGHTON) and I have introduced a bill women, well educated, who are out in technology programs which now to establish the Center for Scientific the world working in disproportionate amount to over $130 billion. Finally, and Technology Assessment. numbers to the young men who are the center would help Congress better We have done much research on the there; young men as boys siphoned off to understand complex technological advantages and disadvantages of the into the drug economy, the gun econ- issues by tailoring reports for legisla- former Office of Technology Assess- omy, the underground economy which tive users. ment. We have looked at the recent is the economy left in the inner cities Today’s legislative environment in- successful technical assessment pro- of our country; a huge disparity be- volves highly complex issues of gram prepared by the General Account- tween marriageable young men and science, engineering and technology. ing Office. We have taken into the ac- marriageable young women, all traces High-wage, advanced technology work- count the GAO’s document and its rec- back to the criminal justice system. force growth is a prerequisite to a ommendations. Finally, we have exam- These cases have a lot to teach our strong economy whose future is predi- ined the study ‘‘Science and Tech- country. They are going to make their cated on our continuing global domi- nology Advice for Congress’’ and con- own changes. These cases are an in- nance in science and technology. sidered the lessons of that publication struction to us to look closely at the b 1600 in constructing this bill. Federal sentencing guidelines so that Our country will move into the 21st we can do our part to get rid of this in- If the United States is to maintain Century whether we in Congress are justice in the criminal justice system. and continue its leading role into the prepared or not. Congress will have at f 21st Century, then Congress needs to least the possibility of charting the recognize that the future is being course for our Nation with under- INTRODUCTION OF CENTER FOR shaped by new science and technology standing of the applications of science SCIENTIFIC AND TECHNICAL AS- discoveries arising from our past in- and technology if we enact this legisla- SESSMENT ACT OF 2005 vestments in basic and applied research tion. and their deployment into present and The SPEAKER pro tempore. Under a f previous order of the House, the gen- new industrial sectors. A well-informed tleman from New Jersey (Mr. HOLT) is Congress with the foresight to pass the HAPPY INDEPENDENCE DAY TO recognized for 5 minutes. right legislation must understand the THE UNITED STATES MILITARY Mr. HOLT. Mr. Speaker, I rise today effects of that technology on all sec- (Ms. JACKSON-LEE of Texas asked to introduce the Center For Scientific tors of our society and must under- and was given permission to address and Technical Assessment Act of 2005. I stand the scientific aspects of all the the House for 1 minute and to revise have introduced the creating legisla- legislation understand our consider- and extend her remarks.) tion with the gentleman from New ation. Ms. JACKSON-LEE of Texas. Mr. York (Mr. HOUGHTON), the gentleman Our Nation must exploit these new Speaker, we have had a vigorous legis- from Virginia (Mr. MORAN), the gen- advances or prepare to be exploited lative week that included a resolution tleman from California (Mr. HONDA), ourselves by others. Given how tech- affirming and applauding the Iraqi the gentleman from Tennessee (Mr. nology underlies many aspects of our transitional government. It was a vig- GORDON), the gentleman from Wash- constituents’ lives, concerns, and jobs, orous debate because many of us were ington (Mr. MCDERMOTT), the gen- unbiased technical assessment is not a pained to go to the floor to acknowl- tleman from California (Mr. WAXMAN), luxury but a necessity. edge a war that we had such great con- the gentleman from Massachusetts Today Congress is deluged with facts, cern and opposition to. I voted for that (Mr. OLVER), the gentleman from Penn- figures, opinions, and arguments from resolution, with qualifications as to sylvania (Mr. GREENWOOD), the gen- thousands of interested citizens. Con- some of the language, but no qualifica- tleman from Delaware (Mr. CASTLE), gress does not need more facts and data tions on the affirmation of the young the gentleman from Maryland (Mr. VAN on these issues of science and tech- men and women on the front line. To HOLLEN), the gentleman from Texas nology; it needs balanced analysis and be able to recognize their service, to (Mr. FROST), the gentleman from Cali- synthesis that conclude with a framing thank their families, and to pray for fornia (Mr. BERMAN), the gentleman of issues and extraction of knowledge those families who have lost loved from Maryland (Mr. RUPPERSBERGER), and insight, a process beyond most ones. and the gentleman from Michigan (Mr. Members of Congress and our imme- I could not leave this body this week EHLERS). The Center For Scientific and diate staffs. The Congressional Science without acknowledging, as this coun- Technical Assessment would be a bi- Fellows program is a help in some re- try celebrates its anniversary of inde- cameral and bipartisan resource pro- spects. For example, Dr. Marti pendence, the importance of recog- viding Congress with highly respected, Sokolowski in my own office provides nizing freedom and how much and how impartial analysis and assessment of some of this, and there are some Fel- long we fought for it and the way that scientific and technical issues. The lows scattered around other offices we should lead our foreign policy to re- center would provide Congress with around Capitol Hill, but it is not flect on the principles of that freedom. early warnings on technology’s im- enough. I will spend time, Mr. Speaker, this pacts both here and abroad. The center For 2 decades, Congress could call week with returning veterans and their would assess the issues that impact upon the Office of Technology Assess- families and families of those who have current and future legislation encom- ment for nonpartisan scientific and lost loved ones in Iraq. But most of all, passing medicine, telecommunications, technical advice. OTA published dozens I think it is important that we take computer sciences, agriculture, mate- of reports a year. Its work ran the this somewhat holiday week to reflect rials, transportation, defense, indeed gamut of subject matter. OTA brought on the freedom that we as Americans every discipline and sector important science into the center of many con- have in this country and to never stray to the United States and to our work gressional discussions. And at times away from the rights of freedom, pro- here in Congress. OTA was a major factor in major pieces testing when we believe it is wrong, It would undertake controversial of legislation. supporting when we believe it is right, subjects, examining them objectively Unfortunately, OTA closed its doors but, most of all, embracing the Con- and comprehensively for the Nation’s in September, 1995. However, many of stitution that allows us the freedom of

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.128 H25PT1 H5140 CONGRESSIONAL RECORD — HOUSE June 25, 2004 expression, the freedom of speech, and went after the three very important In March of this year, the Congres- the freedom to move and the freedom pillars of America’s success. What is it sional Budget Office projected that re- to debate and, most of all, a country that they went after, Mr. Speaker? ceipts would be up $35 billion this year that is grounded in the principles of de- They went after our national defense over the same period of time last year. mocracy because if we are to show that capability when they launched the at- Even further, the Congressional Budget to others, we must show it amongst tack and flew the plane into the Pen- Office noted in a recent report: ‘‘Re- ourselves. tagon. We know that they were headed cent trends suggest that the deficit in Congratulations and happy Independ- towards the government. The report of 2004 will be less than what the CBO had ence Day to the United States of Amer- the 9–11 Commission clearly shows that projected in March.’’ Outlays to date ica and to all of those serving in the the plane that was courageously taken are consistent with CBO’s expecta- United States military. I thank them into the ground by those passengers in tions, but revenues are running $30 bil- for their service. And to our fallen he- Pennsylvania were headed right to- lion to $40 billion higher than antici- roes, again to their families and for wards this building, the great symbol pated, meaning that as we move to- their loss and the loss of their lives, we of freedom, the dome that is above us wards our goal of getting back to a bal- will protect the freedom of this Nation. right here, Mr. Speaker, the U.S. Cap- anced budget, having dealt with the f itol. And we know that the first two economic recession of 2001, the Sep- targets were the center of the global tember 11 attacks on our national secu- THE U.S. ECONOMY AND OUR WAR economy, the World Trade Center Tow- rity, on our government, and on our ON TERROR ers. economy, as well as tragically killing The SPEAKER pro tempore (Mr. The months following September 11 thousands of Americans and others, GINGREY). Under the Speaker’s an- were obviously very difficult for us be- and then the war in Iraq, our tax cuts nounced policy of January 7, 2003, the cause in attacking the World Trade have generated an unanticipated $30 gentleman from California (Mr. Center Towers, what was it they were billion to $40 billion in revenues to the DREIER) is recognized for 60 minutes as trying to do? They were trying to at- Federal Treasury. the designee of the majority leader. tack and undermine the strength and Right now our men and women in Mr. DREIER. Mr. Speaker, several of vibrance of the U.S. economy. uniform are overseas fighting to pro- my colleagues over the last few min- We all know that our Nation’s econ- tect us, our homeland, from another utes have talked about the fact that we omy was already in a downturn before attack like the one that we saw on are about to mark Independence Day, September 11. In fact, it was the last September 11, 2001. The good news, Mr. and virtually all of our colleagues have two quarters of the year 2000 that we Speaker, is that our economy right left the Chamber and are en route to saw the economy begin to slow. And here is working for them, our men and their homes, to their districts, for this then in early 2001, just after President women in uniform, too. These in- work period. Bush took the oath of office, we saw creased revenues are what will be used But I think that it is very important two quarters of negative economic to supply them with everything they for us to take a few minutes to talk growth, which basically means we were need to complete their mission just as about what is on the horizon. Of in economic recession. quickly and as safely as possible. course, Independence Day will be a Thankfully, during that period of We need the funds to provide every- week from this coming Sunday, July 4. time, we had passed tax relief just be- thing from ammunition to Humvees But there is a very important date that fore September 11, and the goal of the and, of course, food and water for our we will be marking next Wednesday, tax relief that we provided at that troops. and that, of course, is the turnover in point, Mr. Speaker, was to get our Our national security benefits from a Iraq from the Coalition Provisional Au- economy going again. And The Wash- strong, dynamic, growing economy thority, the CPA, to the IIG, the Iraqi ington Post actually, as they looked at right here in the United States and, of course, a strong, dynamic, growing Interim Government, and the leader- what happened on September 11, de- economy here in the United States en- ship of the new president, Ghazi al- scribed the tax relief as ‘‘fortuitously sures to the benefit of other economies Yawar, and the prime minister, who well timed,’’ is the term that the Wash- throughout the world, and that helps has been facing recently threats on his ington Post used to actually describe us. Tax relief creates a strong econ- life, but has stood up courageously the timing of the tax relief that we put omy. talking about the importance of the into place back in 2001. So let us take a more detailed look role that the United States of America Why, one would ask, do we believe at exactly how our economy is doing. and the coalition forces have played in that tax relief is important? And the bringing this about. So Iyad Allawi, fact is that we find that the federal tax b 1615 the new prime minister, is an indi- coffers do not suffer when we bring I have been talking an awful lot in vidual who suffered tremendously, about tax cuts. They suffer when our the recent months about the strength faced nearly the loss of his life at the economy is not growing and revenues of our economy. One way of illus- hands of Saddam Hussein’s forces when are not being created. I know that that trating the nature of our 21st century he was in London, and he has now is counterintuitive, that one believes economy is to look at it in the context emerged as one who will be in charge of that somehow if we bring about taxes of the past 20 years. leading the government there. that we lose revenue coming into the Certainly a great deal of change has This clearly is an historic effort Federal Treasury when, in fact, the op- taken place over the past 20 years, which is designed to bring about peace posite is the case. We know that the since 1984. The past two decades have and stability to what is obviously a combined tax relief of the 2001 and 2003 transformed not just the business very troubled region. And we know, tax package, the two tax packages, had world, but our daily lives as well. But Mr. Speaker, that this is going to yield the desired effect of growing the econ- while the changes over the past 2 dec- tremendous dividends to not only the omy and generating more revenue for ades are striking, the parallels between region, but to the entire world and the our Federal Treasury. In fact, the 1984, the things that were said in 1984, security around the world and right Treasury Department data that we had and 2004, are perhaps even more re- here at home as well. proves that. Through May of this year, markable, and they are not getting an What I would like to do during my Mr. Speaker, federal tax receipts for awful lot of attention; and that is one period of time here this afternoon, Mr. this fiscal year are running 2.3 percent of the reasons that I and my very dis- Speaker, is to talk about our economy, higher than for the same period in 2003. tinguished colleagues, the gentlemen but I want to start talking about it as Think about that for a minute. We from both Indiana and New Mexico, are it relates to this global war on ter- cut taxes last year for millions of joining me here this afternoon. rorism and, again, the handover that American workers and businesses, the Looking at 20 years of change, it be- we are going to be facing next Wednes- job creators, and what is it? We have comes clear that the more things day, on June 30. been actually getting more money to change, the more they stay the same. Clearly, the terrorists attacked us on the Federal Treasury that had been an- What I would like to do is I would September 11. When they did that, they ticipated. like at this moment to yield to my

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.131 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5141 friend from New Mexico, who has just they had regulatory certainty, that is competitive, and tearing down the bar- been sharing with me the fact that we not to roll back regulations, but the riers, as I mentioned when I acciden- have been, as we have looked at these certainty that they would be able to tally said Mexico as opposed to New tax cuts that have taken place in 2001 get the rules that are in place and keep Mexico, tearing down the barriers to and 2003. We have begun to see very, the rules that are in place, that they the free flow of goods and services and very positive benefits to our economy, would open a smelter and hire 600 peo- capital. and he has been sharing with me anec- ple for very good, high-paying jobs in Yet inexplicably, the candidate ran a dotal evidence in New Mexico of bene- an area that has just been decimated. campaign in 1984 of economic isola- fits we have seen. We have an MPC plant going into tionism. He ran a campaign based on I would like at this point to yield to New Mexico, only the second MPC pessimism about the present and the my friend from New Mexico. plant in the world; and that is going future, and he called for America to re- Mr. PEARCE. Mr. Speaker, I thank into New Mexico. There are going to be treat into its borders and restrict the the gentleman for yielding, and I would about 200 jobs there, all good, high-pay- freedom of individuals to engage in the recognize that the Governor of New ing jobs. global marketplace. We all know that Mexico really put it in perspective be- I have seen in New Mexico the fact candidate was our former colleague, fore the 2003 session. He declared that that these tax cuts have really created the former Vice President of the tax cuts create jobs, and the Demo- job opportunities, the job growth in United States, Walter Mondale. crats need to get over that and pass the New Mexico continues to today, and I In that 1984 campaign, he said when tax cuts. That was the tax cut in New appreciate the gentleman yielding time the American economy leads, the jobs Mexico passed in 2003. to talk about these exact examples. are here. The prosperity is here for our Mr. DREIER. If I can reclaim my Mr. DREIER. Reclaiming my time, I children. But that is not what is hap- time just to remind my colleagues, the thank my friend for pointing to the pening today. Governor of New Mexico formerly tremendous benefits that these reduc- Again, this is Walter Mondale speak- served in this House. He was elected to tions in the tax burden have had on the ing in 1984. He said, ‘‘This is the worse this House one term after I was elected economy of New Mexico; and, frankly, trade year in American history. Three here. It is Bill Richardson, who served they could take place in the economy million of our jobs have gone over- with great distinction as the Ambas- of Mexico, too, if we could encourage seas.’’ That is what he said in 1984. sador to the United Nations and the that, and that is one of the other Speaking of the American companies Secretary of Energy, and I worked very things. Global trade is a very impor- that were global leaders in fields from closely with him on global trade issues. tant part of this component. manufacturing, to finance, to the bur- He is now the Governor of New Mexico I thought before yielding to my geoning high-tech industry, which was and has talked about and put into friend from Indiana that I would take a in its infancy in the 1980s, Walter Mon- place important tax cuts to stimulate moment to juxtapose, as I was saying dale said, ‘‘To big companies that send growth in your economy. earlier, the things that are being said our jobs overseas, my message is, we Mr. PEARCE. And he did stimulate and the proposals that were offered need these jobs here at home, and our growth in the economy. At one point, back in 1984, to what has taken place in country won’t help your business un- July of last year, New Mexico was 2004. less your business helps our country.’’ number two in job growth. Keep in As we all know, 1984, like 2004, was a That is what Walter Mondale said as mind, they were like 43rd or 44th in per Presidential year. The incumbent a candidate challenging Ronald Reagan capita income. So job growth that high President, Ronald Reagan, had inher- back in 1984. is tremendous. ited a very troubled economy 4 years 2004, Mr. Speaker, is a Presidential The next thing that I would observe earlier. We all spent a great deal of election year. We have an incumbent is that since I graduated from college, time talking about that just a couple President who inherited an economy tax freedom day, that is the day which of weeks ago as we were memorializing that was heading for recession, shed- we all work until to pay the taxes, tax Ronald Reagan. You remember the ding jobs and reeling from a stock mar- freedom day has always been in late terms that were used, the fact that ket whose bubble had burst. These cir- May, early June. And now, because of President Carter had referred to our cumstances were then compounded by the tax cuts we have given, tax free- Nation as being in a state of malaise. the worst terrorist attack in American dom day this year occurred on April 11, We saw a tremendous, tremendous in- history, as I was saying, several high- and I hear people telling me thank you. crease in the interest rates, we saw a profile corporate scandals, and the un- A gentleman in Ruidoso, New Mex- very high rate of inflation; and we saw, certainty and anxiety of the ongoing ico, grabbed me the last time I was frankly, a devastated economy that war on terror, including our challenge there, shook my hand and said, ‘‘I have Ronald Reagan inherited. in Iraq. six kids,’’ and he said, ‘‘I will tell you But clearly, and I am very proud, I Again, President Bush, like Ronald that I saw the tax breaks in my pay- was elected to the Congress the day Reagan in the early 1980s, was able to check.’’ Ronald Reagan was elected President, turn the economy around with an agen- Watson Trucking Supply in Hobbs, and I stood here in this well in May of da of cutting taxes, improving the reg- New Mexico, are goods friends of mine; 1981, before my colleagues were born, ulatory environment for U.S. busi- I have known them throughout my ca- and at that time when I stood here in nesses, and knocking down barriers to reer there in Hobbs. They were set to that well, we were able to cast the de- trade, both here and abroad. lay off people before our tax cuts. They ciding vote with bipartisan support for, Again, despite the tremendous suc- had run completely out of manufac- first what was known then as the cess that these policies have met, the turing back orders, no new business; Gramm-Latta budget package, which challenging candidate, our colleague, they were set to lay off. The day that reduced by 17 percent the rate of Senator KERRY, is running a campaign we passed the tax and jobs bill here in growth of Federal spending. It did not based on raising taxes and reversing Congress, he got more back orders than cut back Federal spending as much as our trade liberalization agenda. The he had ever had, he had 2 years’ worth we all were trying to do, and we are Mondale quotes that I just shared with of work laid out in front of them; and still working on that effort, but it did our colleagues, Mr. Speaker, could eas- instead of laying off people, they began reduce the rate of growth. Then 3 ily be slipped into a JOHN KERRY cam- to hire people. months later, in August of 1981, we paign speech, and they would be right The potash mines in New Mexico passed what was known as the Eco- at home in the midst of that speech. have begun to hire because now the nomic Recovery Tax Act of 1981. In fact, we know that KERRY’s whole potash market is lifting with the over- As we put those very, very important platform could well be called the Mon- all market. job-creating economic-growth-stimu- dale legacy campaign. JOHN KERRY’s The copper mines in western New lating packages into place, we saw by term for the heads of U.S. companies Mexico, Phelps Dodge has put miners 1984 that the economy had been turned that are global leaders, creating jobs, back to work there mining copper. around through cutting taxes and by investing in growing overseas markets, They have told me in my office that if empowering companies to become more is, as we all know, Benedict Arnold

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.134 H25PT1 H5142 CONGRESSIONAL RECORD — HOUSE June 25, 2004 CEOs. Now he is trying to step away in the second quarter of 1983, according later, real disposable income increased from that after having used it in 25 to the Conference Board’s CEO Con- at a 4.9 percent annual rate in the first speeches, but clearly he described those fidence Index, which covers more than quarter of 2004, faster than its annual job creators as Benedict Arnold CEOs. 100 CEOs in a wide range of industries pace in 1999 through 2003. Mr. Speaker, these are companies across the country. This year, 2004, Now, Mr. Speaker, clearly our 2004 that are America’s greatest innovators, CEO confidence in the U.S. economy is economy is strong on all counts, from job creators and growth stimulators, at the highest level in the past 20 GDP growth, to job creation, to per- and KERRY has proposed raising their years, according to the Conference sonal income, to homeownership, right taxes as punishment for their leader- Board’s CEO Confidence Index. down the line. In fact, our economy is ship. Senator KERRY is apparently ob- Back in 1984, capacity utilization, so strong, that even Senator KERRY is livious to our 5 percent, four-quarter which is the Federal Reserve’s monthly having a hard time insisting that we GDP growth; the record 69 percent estimate of the percentage of factory are facing tough economic times. homeownership, we just saw it surge in capacity that is being used, increased 8 Now, I suspect that we will continue a report we got the day before yester- percent in the 12 months ending in Feb- to hear references, and we actually day; the 4.5 percent productivity ruary of 1984, which was the largest 12 heard it here on the floor of the House growth, which is the fastest in four month jump on record. In 2004, capac- earlier today, to the worst economic decades; and, of course, what we are en- ity utilization is at its highest level record since Herbert Hoover; but that joying is low inflation and low interest since July of 2001, and it has increased tune is changing just a little. Instead rates. 2.9 percent since June of 2003, so just of trying to claim that no jobs are These economic gains, Mr. Speaker, about a year ago right now. being created, what we are hearing have resulted in hundreds of thousands Back in 1984, Mr. Speaker, shipments from Senator KERRY is that only bad of jobs being created every month, of manufactured durable goods in- jobs are being created. bringing us an unemployment rate creased 14 percent in 1984 as a whole, The hamburger-flipping jobs, remem- which we all know is lower than the one of the largest yearly increases on ber that back to the 1980s, Mr. Speak- average during the seventies, eighties record. December 1983 saw one of the er? The term ‘‘hamburger-flipping or nineties; 1.4 million new jobs created highest readings in the history of the jobs’’ was first coined by a New York over the past 7 months alone, since Au- ISM manufacturing index at 69.9 index Times piece in, surprise, surprise, what gust of last year. And yet JOHN KERRY points. year? 1984. And has been resurrected has said, ‘‘The economy in this country This year, 2004, industrial production time and time again by people like is in the worst shape it has been in saw its largest quarterly increase in Ross Perot, Pat Buchanan, John many, many years. It is the worst jobs nearly 4 years, 6.2 percent at an annual Sweeney, Lou Dobbs; and now JOHN record since Herbert Hoover was Presi- rate during the first quarter of 2004, KERRY is trying to breathe new life dent. It is the worst growth record and it increased further in April. The into the rhetoric of the past by telling since World War II. And the Bush ad- ISM manufacturing employment index Americans that the only jobs being cre- ministration policy is dead wrong.’’ increased to its highest level since ated are those in the local fast-food That is what JOHN KERRY has said April of 1973. joint. about the surging, bold, dynamic eco- JOHN KERRY sent out a press release nomic growth that Americans are cre- Back in 1994, non-farm payroll em- ployment in the first 5 months of 1984 just last week stating, ‘‘The economy ating because of policies that George has failed to create the new jobs that Bush and this Congress have put into increased by 1.9 million, Mr. Speaker. Now, 2004, the first 5 months of this Bush said his stimulus package would place to create that. create, and the jobs that have come Now, that makes for very compelling year, non-farm payroll employment back pay lower wages.’’ rhetoric; but actually, Mr. Speaker, I has increased by 1.2 million, on pace Now, Mr. Speaker, the fact is real in- am more interested in the facts, and I for nearly 3 million new jobs to be cre- comes and real purchasing power have believe the American people are as ated in 2004, which is the highest since been steadily rising for months. Aver- well. 1999. age after-tax income is up nearly $2,000 So let us take a look at some eco- b 1630 nomic numbers from the 2004 economy. since the start of the Bush administra- Back in 1984, the unemployment rate In keeping with our 20-year theme, I tion. fell 3.5 percentage points from 10.8 per- Real disposable incomes are growing am going to compare them to 1984 cent. Remember that: 10.8 percent in numbers. 1984 was a year that wit- at an annual 5 percent rate. Job cre- nessed some of the most dramatic eco- the early 1980s was our unemployment ation in 2004 has been strong in every nomic gains in our country’s history. rate, December of 1982; and it dropped single occupation category except gov- By comparing the 2004 data with the 3.5 down to 7.3 percent in June of 1983. ernment work; and it has been particu- 1984 data, we can put our current eco- That is an unemployment rate, Mr. larly strong in high-wage sectors, like nomic situation into context and bet- Speaker, from 10.8 percent in December professional and business services. ter understand what the numbers of 1982 down to 7.3 percent in June of In fact, two-thirds, Mr. Speaker, of mean. 1983. all job creation in 2004 has been in in- 1984: Real GDP growth was at a rate What is it today in 2004? The unem- dustries that pay above the average of 7.2 percent in that year, the fastest ployment rate is 5.6 percent, not an ac- wage. Americans are finding jobs in annual growth rate in 30 years. 2004: ceptable level by any means; but it is amazing fields that years ago did not real GDP growth has been at 5 percent down from the peak that we saw of 6.3 even exist; but they are very important during the last four quarters, the fast- percent. And as I have said, it is lower fields, fields like health care, bio- est growth rate in 20 years. than the average unemployment rate technology and pharmaceuticals, edu- Back in 1984, productivity grew at a during the 1970s, 1980s, and the 1990s. cation, movies, entertainment and dig- 4.5 percent rate, the fastest annual rate Mr. Speaker, back in 1994, housing ital gaming, recreation, telecommuni- on record at that time. Today, 2004, starts surged to 1.8 million, the highest cations, cable, satellite, TV and radio, productivity has grown at a 4.5 percent level in 11 years. 2004, housing starts phones, cellular phones and wireless annual rate, which has taken place remained near record levels, new-home networks, fashion, insurance, real es- over the past 3 years, which is the fast- sales surged by 15 percent last month, tate, autos, maintenance and repair, est productivity growth rate in 4 dec- and are up over 25 percent from just a mass transit, investments, whether ades. year ago. Despite a recent uptick in in- you call it in the stock market, in pen- Business investment surged 18 per- terest rates, mortgage rates remain sions or securities and other areas, lei- cent in 1984, the highest annual per- near historic lows, making home buy- sure, hospitality and tourism. Then centage on record; and this year, busi- ing continually easier. there are the businesses that service ness investment surged 12.5 percent in Back in 1984, real disposable personal other businesses, like engineering, en- the last four quarters alone. income increased 7.6 percent in 1983 as vironmental protection services and Back in 1984, CEO confidence in the a whole, the fastest yearly growth on technologies, risk management, export U.S. economy reached an all-time high record. This year, 2004, two decades and import financing, express delivery.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.135 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5143 Now, there are jobs that are directly Mr. Speaker, it is 2004. The misery tially higher than following the last re- related to the increasingly global index is not very high, because infla- cession; and household wealth is near forces and the focus of the U.S. econ- tion is low and the unemployment rate an all-time high. Inflation is low, as we omy, like this entirely new field, this is low and getting lower, in decline. So discussed, and interest rates and mort- entirely new field of logistics special- what is it that JOHN KERRY has done? gage rates are near historic lows. ists. As supply and production lines be- He makes up a new misery index be- Homeownership rates, as I have men- come more and more complicated and cause, obviously, the misery index that tioned, are near record highs, with mi- diverse, businesses are relying on the he was proud to run on, the best in 27 nority homeownership at its highest expertise of this entire new field of lo- years when he was running in 1996, is a rate ever. gistics experts to coordinate and man- misery index that is even better today I underscore that again for our col- age these complex systems. than it was when he was so proud. So leagues on both sides of the aisle who In fact, the Massachusetts Institute he has come up with a new idea, and he regularly try to create this very, very of Technology, MIT, has established is trying to tell Americans how miser- divisive view. Minority homeownership this new, entirely new department of able they are. today, Mr. Speaker, is at its highest logistics studies because of the move- KERRY’s new index is, of course, level in our Nation’s history. Home- ment of all these goods. More and more much more complicated than that old ownership rates, as I have discussed, Americans, Mr. Speaker, are also fol- favorite which was simply the com- continue, continue to grow all the way lowing their entrepreneurial spirit by bination of inflation and unemploy- across the board. The Dow Jones Indus- starting their own businesses and ment. It is based on seven factors rath- trial Average rose by 25 percent in 2003, working as independent contractors. er than the two that I mentioned: me- and the NASDAQ rose by 50 percent. In the example that I pointed to time dian family income, college tuition, Consumer confidence is on the rise and time again, and I was thinking of health care costs, gasoline prices, again, according to an ABC News when a moment ago I mentioned the bankruptcies, the homeownership rate, Money Magazine Consumer Comfort fact that some of those businesses did and private sector job growth. Index. not even exist, certainly in the 1980s or But, Mr. Speaker, the facts just do In case you are wondering what the even a decade ago. There are 430,000 not wash. According to Senator old misery tells us about the economy Americans who make their full-time KERRY’s new misery index, President today and the economies of the past, strong living, good income living doing Carter received a higher rating than here are the numbers. And remember, what? Selling full-time on eBay. President Reagan on the misery index, the higher it is, the more miserable we Now, again, a decade ago no one and I would venture to guess that most are supposed to be. In 1976, it was 13.5 would have even contemplated this. Americans who lived through the percent; in 1996 it was 8.4 percent; and The 21st-century economy is affording Carter and Reagan years would cer- today, the misery index is 7.7 percent. more and more people the freedom and tainly say that they were better off Sounds like Mr. KERRY is the only one flexibility to work independently, far during Ronald Reagan’s term than who is actually miserable these days. from becoming a Nation of hamburger they were during the Carter Presi- Another gimmick that has been used flippers, which was said back in that dency, which plagued them with over by Senator KERRY that he likes to talk New York Times article and then 10 percent unemployment rate, as I about are the ‘‘glory days’’ of 1996 when through the Presidential campaigns of said, 10.8 percent; and remember, be- Bill Clinton was running for reelection. 1984 and then Michael Dukakis. In 1988, cause we know gasoline prices are very He likes to talk about what a strong, I remember he used the line ‘‘McJobs’’ high; we do not have the kinds of lines vibrant economy we had back then, to describe the jobs that were being that we had back then in the 1970s and he likes to claim that today, we created, and now we are hearing that when Jimmy Carter was President. are far worse off than we were then. We exact same argument coming at us Lower taxes and expanded trade op- have already taken a detailed look at again from JOHN KERRY. portunities are the policies that Ron- the parallels between 1984, 2 decades So Americans are actually instead ald Reagan vigorously pursued, and ago, when Walter Mondale was the can- putting innovation and creativity to they were the exact same policies didate for President of the United work making a living in these cutting- again that George W. Bush has pursued States for the Democrats, and 2004; but edge fields and dramatically improving and that have led to the latest in- since JOHN KERRY is so fond of reminis- their quality of life. creases that we have seen in job cre- cing about 1996, I would like to, in just And JOHN KERRY keeps reaching for ation. Senator KERRY would do just the a moment, after I yield to my col- something, anything that he can pos- opposite of those policies that have leagues, talk about a juxtaposition be- sibly use to convince the American continued to create historic, dynamic, tween what Senator KERRY and Sen- people that our economy is in the dol- bold, job-creating, economic growth. ator KENNEDY of course would describe drums and that our lives are getting The policies of KERRY’s proposals are as the glory days of 1996, and compare worse and worse. to raise taxes, to discourage open those to what we are witnessing today. One of his most recent gimmicks, of trade. He said of the North American So I would be happy to yield to either course, has been this misery index, Free Trade Agreement that he voted of my colleagues, the gentleman from which I know my colleague from Indi- for it back then; but if he had to do it Indiana or the gentleman from New ana has seen, that was put forward over again, he would vote against it. As Mexico, if they would like to actually back in the 1970s when our economy I said in my exchange earlier with the enlighten our colleagues on these was in real trouble. Jimmy Carter gentleman from Ohio (Mr. BROWN), we issues. So since he is on his feet, I am came up with the misery index, the now enjoy a quarter of a trillion dol- happy to yield to my friend, the gen- sum of the national unemployment and lars of two-way trade between Mexico tleman from New Mexico (Mr. PEARCE). inflation rates. It has been used ever and the United States. It needs to get Mr. PEARCE. Mr. Speaker, I have since to unofficially gauge the Nation’s better. We still have very serious prob- just a couple of comments. As the gen- economic health, that combination of lems. But this notion of trying to tleman is talking about the actual unemployment and inflation. In fact, blame the notion of free trade and economy and the country right now, during the 1996 Presidential campaign, JOHN KERRY calling for a renegotiation what I have found is that the continued Democrats touted the low misery index is really pandering to the lowest com- harping from the other side here in this as a reason to reelect Bill Clinton, and mon denominator. And, of course, that body has caused the Nation to be a lit- even many of our colleagues here in kind of talk does play a role in cre- tle suspicious that maybe their success the Congress used that. ating a degree of misery. is the only success. I have found in my JOHN KERRY, running for the Senate This made-up misery index of Sen- district that people come up and say, that year, that year when he was run- ator KERRY’s actually ignores some you know, I know they are not having ning, he proudly proclaimed that he key facts about our growing economy. too good results in the rest of the coun- was proud to run in a year when the After-tax incomes are up by 11 percent try, but I am having my best year ever. misery index was at its lowest level since December of 2000, just before A window manufacturer in my district that it had been in 27 years. President Bush took office, substan- told me that exact thing, that they

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.137 H25PT1 H5144 CONGRESSIONAL RECORD — HOUSE June 25, 2004 have had their best year ever and they simply about the facts and has been candidate would say to us what have been in business for several years. stated and quoted on this floor. Facts Groucho Marx said famously in his ca- We have another business in Berlin are stubborn things. And the reality is reer, ‘‘Who are you going to believe, me that is beginning to export very high- that because of the leadership of or your own eyes?’’ quality welding across the world; and George W. Bush and because of this And it seems to me all together fit- again, they are saying, we are having a Congress’s willingness in the wake of ting that as we approach this Independ- tremendous year. both recession that took hold in the ence Day recess, that the gentleman One of the things that I would like to waning days of the Clinton administra- from California (Chairman DREIER) point out is that during the committee tion, and a horrific national tragedy would pull this special order together hearings yesterday on the soda ash in- that took place on a day that I was in as many of us are outbound back to our dustry, we found that back about 3 this building in September of 2001, this States, as I and my family are, to go to years ago, arbitrarily, the government President, nevertheless, has led this work and to enjoy picnics and have raised taxes from 4 percent to 6 percent Nation on the world stage to a place family times to say one last time be- on soda ash. where we will celebrate, as the chair- fore we go into this break what the re- ality is. b 1645 man said moments ago, an Independ- ence Day for a free and democratic Iraq The reality is that freedom is ex- Now, that soda ash industry made this week, just a few days before we panding at home and abroad, a free $700 million in revenue last year, they celebrate the 228th anniversary of our market economy is expanding because made no profit but they paid $100 mil- own Independence Day. of the policies and practices of George lion in taxes. We are losing business to And because of the leadership of that W. Bush and a Republican majority in China because China, in the same num- very same president, George W. Bush, the House and in the Senate that have ber of $700 million in revenue, actually we are, despite the best efforts of the doggedly and determinedly pursued in the soda ash industry, paid no taxes. likely democratic nominee, Senator economic freedom at home and abroad. And for all those reasons, as the And so our companies make no profit JOHN KERRY and many in his party on and yet they pay $100 million in taxes. this floor who would wish it away or chairman said, I think very eloquently I will augment what the gentleman talk it away, we are in the midst of an in his opening remarks, for all of those said about free trade, that free trade is extraordinary recovery that is as my reasons, the United States of America is able to be the arsenal of democracy, beginning to point out the deficiencies colleague just suggested, being experi- is able to come along side the people of of our tax systems here that we do ac- enced by Americans in real ways in Iraq and even 30 years of despotism by tually have a repressive tax system New Mexico, in the State of Indiana, in a murderous, barbaric, dictator who that is costing us jobs in the soda ash the State of California where the chair- literally claimed the lives, snuffed out industry, in the potash industry, in man serves, and all across this Nation. every manufacturing industry that But I was very intrigued by the com- the lives of over 1.2 million men and there is. ments of the gentleman from New Mex- women, boys and girls over the last 30 And I think that it is time for us to ico that he is hearing from citizens years. 400,000 bodies have been found, 600,000, 700,000 remain missing. These begin to try to help American manu- that he serves that they are sorry that are the facts. Facts are stubborn facturers, American miners, and Amer- things are not better elsewhere, but things. ican oil companies rather than hurt they are really good here. Because I am them. But we are able, and the families of going home to my heartland district in American servicemen and women are Mr. DREIER. Mr. Speaker, I thank eastern Indiana hearing much the same my friend for that very helpful con- able, to project forward the interest of thing. the advancement of liberty because we tribution, again underscoring the fact It is as though, when the statistics that many of our colleagues have a are prosperous at home. that the gentleman from California It seems to me, as I close and prepare tendency to point the finger outward (Chairman DREIER) just went over, Mr. to yield back my time, that freedom is and blame everyone else as to why we Speaker, 1.5 million new jobs since Au- contagious, economic freedom is con- have economic challenges here at gust, 257,000 new jobs per month, I tagious, political freedom is con- home. pulled the Indiana statistics in prepa- tagious, but it is only contagious when It is one of the reasons that we dealt ration for this, Indiana, where manu- freedom at home is vibrant. What my with last week the American Jobs Cre- facturing is really right there with ag- colleague understands and what the ation Act, a very important piece of riculture, Indiana is the second leading gentleman from Illinois (Speaker legislation designed to decrease the tax exporting State in the union. And man- HASTERT) understands, and President that we have and, later, the regulatory ufacturing and exporting in our state, George Bush understands, and I hope burden, continuing on that road to- rather than the 11 percent of the na- anyone looking in today understands, wards creating more and more incen- tional average, is 20 percent of our is that that Republican majority and tive right here at home, opportunity State’s economy. this Republican President believe in for job creators to be able to succeed And in the State of Indiana in the freedom. They believe in a vibrant free- and compete globally. We need to last year alone, international exports dom at home and a contagious freedom shape the global economy. I regularly from Indiana increased nearly 10 per- across the world, economic and polit- argue that if we do not shape the glob- cent in 2003. And it is because of the ical, and are prepared to make the sac- al economy, we will be shaped by it. President’s lean-forward approach to rifices and take the blows from the left And that is very important for us. tax relief, deregulation, and an issue to achieve that. Now, another very, very hard work- that probably no one champions here So I thank the chairman for his dog- ing and thoughtful new Member of Con- more than the gentleman from Cali- ged optimism and vision. gress who is now a veteran having fornia, Mr. Speaker, is this business of Mr. DREIER. Mr. Speaker, let me ex- served almost 2 years ago, the gen- expanded international trade. press my appreciation to the very tleman from Indiana (Mr. PENCE), I am Hoosiers know that trade means jobs. thoughtful and provocative remarks by happy to recognize him. And it is contributing mightily to my friend from Indiana. He put it ex- Mr. PENCE. Mr. Speaker, I thank the these undeniable statistics that the traordinarily well. The interdepend- chairman for yielding. It is an honor to chairman has cited so eloquently and ence of economic and political freedom be able to join the most energetic voice passionately today. America’s standard are so clear. for growth and prosperity in America of living is on the rise. Real after-tax And getting back to this notion that in this Congress today. I commend the income up 11 percent since December of a strong, bold, dynamic vibrant U.S. chairman for his leadership and his 2000, consumer confidence at its high- economy is going to have a positive passion, so evident to anyone looking est level in the past 4 months alone, ripple effect, and it directly itself is in today. mortgage rates remain near historic going to help provide the revenues nec- But it is not really about the passion lows, and yet it is as though many of essary for us to help in our continued or eloquence that people have been ex- our colleagues on the other side of the quest to bring about political plu- posed to today, Mr. Speaker, it is just aisle and their democratic presidential ralism, self-determination, the rule of

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.138 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5145 law in Iraq, we know full well that it is Back in the glory days of 1996, as de- It is a fact. Economic isolationism going to be a continued painful time. scribed by Mr. KERRY, the average GDP would prevent George Kassas from We got the tragic news yesterday of growth over the previous three quar- growing his company. We need to con- the death of nearly 100 Iraqis. But that ters was 3.1 percent. This year, 2004, tinue pursuing open trade policies will lead us to strengthen our resolve. what is described again by Mr. KERRY through trade agreements that create And, again, the important thing we as the miserable time, the average exporting opportunities for small busi- need to do is underscore our commit- GDP growth rate over the previous ness owners like George Kassas. ment right here at home to keep this three quarters has been 5.4 percent. Another prime example of small busi- economy growing so that we can help Back in 1996, again, the glory days as ness success in this economy is D.G. others. described by Mr. KERRY, the inflation O’Brien, Incorporated, another high- Before I yielded to my friend from In- rate was 2.8 percent. Today, 2004, this tech company in New Hampshire. D.G., diana, I was talking about earlier the miserable time, the inflation rate is Incorporated, is an older company than juxtaposition of 1984 and what was said only 2.2 percent. Cedar Point, but it has thrived thanks by Walter Mondale at that time, who Now, JOHN KERRY likes to talk about to lower taxes and greater investment was running against Ronald Reagan, how strong the economy was during opportunities. what is taking place today in the cam- Bill Clinton’s reelection campaign and D.G., Inc., employs 175 people. They paign between JOHN KERRY and George this current economic situation. But a produce electrical and optical inter- W. Bush and the fact that JOHN KERRY look at the actual facts reveals that connection systems for high pressure, and many others referred to 1996 as the despite a recession, a massive terrorist highly corrosive, sub-sea and nuclear glory days. attack, corporate scandals, and this systems. D.G., Inc., is a medium-sized And we were talking about this mis- ongoing war on terror, our economy company that pays its taxes in the top ery index, the traditional one that has weathered these storms and came out 35 percent tax bracket. existed which is a combination of un- even stronger than those so so-called Thanks to the tax relief that we have employment and inflation, and this booming days of 1996. passed in the last 3 years, D.G., Inc.’s, new one which has five criteria that Now, I have gone through, Mr. tax burden has lowered, and it was able are included in the mix here. Speaker, along with my colleagues a to spend $400,000 in capital equipment What I would like to do is to focus lot of economic data to demonstrate in 2003 and will be spending $500,000 in back on 1996 and compare that to 2004. the strength of our economy and the capital equipment this year. With that In 1996, Mr. Speaker, the average success of an economic agenda based on money they have bought everything monthly payroll job creation was cutting taxes and tearing down bar- from machine tools to computers, all of 233,000, as was just said by my col- riers to the worldwide economy. But it it helping improve their productivity league, the average monthly payroll is easy to get lost in these numbers and and the health of their company. OHN KERRY’s economic plan, job creation has been in excess of lose sight of what exactly all of this Under J companies like D.G., Inc., would see 238,000. He referred to the 257,000 num- means. So I would like to talk about some that tax relief totally erased. A higher ber that we saw last month, but it has real life examples as my colleague from tax burden would translate into fewer consistently been in excess, higher New Mexico did, examples of how investment dollars and would other- than it was back in those glory days of granting Americans greater economic wise enable this growing company to 1996. freedom empowers them to prosper and create new jobs. Back in 1996 the number of manufac- create new opportunities. In March of A higher tax burden would derail the turing jobs created was 15,000. In 2004, this year, President Bush travelled to strong growth that we have been wit- so far, the number of manufacturing New Hampshire to meet with small nessing for many months, powered by jobs, manufacturing jobs created has business owners. One of the people he both small and large companies, as been 91,000. In fact, last month we saw spoke with was a first generation well as entrepreneurs who are out the largest manufacturing job growth American, George Kassas, a native of there creating opportunities for them- in 45 months. Again, that compares to Lebanon. Mr. Kassas founded his own selves. the glory days of 1996 where we saw company, founded his own company The Bureau of Labor Statistics Pay- 15,000 created. back in 2001, shortly after President roll Survey shows not only robust job Back in 1996, the percent of new jobs Bush took office. He was his own boss creation of payroll jobs for the past paying above the median wage was 60 and the only employee. several months, but these gains are percent. Actually in 2004 the number is Today Mr. Kassas employs 100 people widespread, spanning over all sectors exactly the same. The percent of new in Derry, New Hampshire. The com- and all parts of our country. Net job jobs paying above the median wage is pany is called Cedar Point Communica- creation is up in 44 of the 50 States 60 percent. tions. It produces voice-over IP switch- over the last year, and the unemploy- In 1996, Mr. Speaker, the glory days ing technology which is used by ment rate is down in all regions and in of 1996, to which JOHN KERRY refers, broadband service providers like cable 46 of the 50 States. guess what the unemployment rate operators so that they can provide tele- The most recent payroll jobs data was? Mr. Speaker, it was 5.6 percent. phone service over cable wires. show that for the month of May this Those were the glory days. Today the widespread net job creation continues: unemployment rate is 5.6 percent. b 1700 10,700 new jobs in Pennsylvania; 8,300 Again, not an acceptable level at all. Mr. Speaker, again, this is a new new jobs in Michigan; 4,100 new jobs in We want it to get better. But as people technology, something that consumers Connecticut; 23,600 new jobs in my juxtapose 1996 and those glory days to could not have even imagined two dec- State of California; 13,400 new jobs in the horrible miserable days of 2004, we ades ago, but George Kassas came up North Carolina; 9,700 new jobs in Mas- need to recognize that those numbers with an idea and built a business out of sachusetts; 8,400 new jobs in Arizona; are the exact same. it. His burgeoning company is flour- 1,100 new jobs in Ohio; 25,400 new jobs Mr. Speaker, the unemployment rate ishing, and it is an economic environ- created in New York; 12,900 new jobs back in 1996 for African Americans was ment that is specifically geared to- created in Texas; 6,800 new jobs created 10.2 percent. Today, again, not an ac- wards expanding the economy and cre- in Florida; 12,100 new jobs created in ceptable level, but a full percentage ating more jobs. Lower taxes and more Wisconsin; 9,500 new jobs created in point lower, 9.2 percent. Back then the investment opportunities like business New Jersey; 8,300 new jobs created in unemployment rate in the Latino com- expensing have made it possible. Virginia; 5,700 new jobs in Oklahoma; munity, much of which I am privileged Mr. Kassas is hoping to start export- 8,100 new jobs created in Maryland; to represent in southern California, ing his products this year and to con- 4,100 new jobs in Kansas. was 9.6 percent back in the glory days tinue to do so well into the future. The list goes on and on and on, Mr. of 1996. In the miserable time as de- Now, that means he needs and wants Speaker. Furthermore, these jobs num- scribed by Mr. KERRY of 2004, the un- the opportunity to export his product bers encompass every single category employment rate for Latinos is 7 per- so that his company can grow and grow of work except government employ- cent. and hire more people. ment. Every field, from manufacturing

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.140 H25PT1 H5146 CONGRESSIONAL RECORD — HOUSE June 25, 2004 to construction to business services, lative program and any special orders H.R. 3864. An act to authorize the Sec- witnessed the creation of thousands of heretofore entered, was granted to: retary of Agriculture and the Secretary of new jobs. (The following Members (at the re- the Interior to enter into an agreement or contract with Indian tribes meeting certain Again, these numbers that I share quest of Mr. FILNER) to revise and ex- with my colleagues are just from last criteria to carry out projects to protect In- tend their remarks and include extra- dian forest land. month alone, and these numbers do not neous material:) H.R. 4103. An act to extend and modify the even take into account the fastest Mr. BROWN of Ohio, for 5 minutes, trade benefits under the African Growth and growing sector of our labor force, self- today. Opportunity Act. employment and independent con- Mr. DEFAZIO, for 5 minutes, today. H.R. 97. Joint resolution approving the re- tracting. Those numbers were not even Mr. FILNER, for 5 minutes, today. newal of import restrictions contained in the included in the figures that I gave my Ms. JACKSON-LEE of Texas, for 5 min- Burmese Freedom and Democracy Act of colleagues, which make up a third of utes, today. 2003. all new job creation. Mr. VAN HOLLEN, for 5 minutes, f There is simply no denying the fact today. BILLS PRESENTED TO THE that we have a strong, growing, bold, Mr. SCHIFF, for 5 minutes, today. PRESIDENT dynamic economy that is creating good Mr. INSLEE, for 5 minutes, today. Jeff Trandahl, Clerk of the House re- jobs in every corner of our Nation. Mr. HOLT, for 5 minutes, today. Ms. NORTON, for 5 minutes, today. ports that on June 25, 2004 he presented JOHN KERRY wants to deny the facts. (The following Members (at the re- to the President of the United States, He wants Americans to believe that we quest of Mr. PENCE) to revise and ex- for his approval, the following bills. are in a state of economic crisis. He tend their remarks and include extra- H.J. Res 97. Approving the renewal of im- wants us to believe that there are no neous material:) port restrictions contained in the Burmese good job opportunities out there. He Mr. WELDON of Florida, for 5 minutes, Freedom and Democracy Act of 2003. wants us to believe that our lives are today. H.R. 884. To provide for the use and dis- getting worse. tribution of the funds awarded to the West- Mr. OSBORNE, for 5 minutes, today. Of course, things can get better, but ern Shoshone identifiable group under Indian Mr. SMITH of Michigan, for 5 minutes, pessimism is not based in reality. It is Claims Commission Docket Numbers 326–A– today. not based on the strong growth, rapid 1, 326–A–3, and 326–K, and for other purposes. Mr. PENCE, for 5 minutes, today. job creation, thriving small businesses H.R. 2751. To provide new human capital Mr. GINGREY, for 5 minutes, today. flexibilities with respect to the GAO, and for and climbing incomes that we are wit- other purposes. nessing across this country. f This pessimism, Mr. Speaker, is also SENATE BILLS REFERRED f dangerous. Our prosperity is helping us Bills and a concurrent resolution of ADJOURNMENT to wage a global war on terrorism. the Senate of the following titles were Mr. DREIER. Mr. Speaker, pursuant Next Wednesday marks this very im- taken from the Speaker’s table and, to Senate Concurrent Resolution 120, portant handover. We are going under the rule, referred as follows: 108th Congress, I move that the House through difficult times, there is no S. 1292. An act to establish a servitude and do now adjourn. doubt about it, but our economic emancipation archival research clearing- The motion was agreed to. strength right here at home is part of house in the National Archives; to the Com- The SPEAKER pro tempore (Mr. the foundation of our security as a Na- mittee on Government Reform. GINGREY). Pursuant to the provisions tion, and that clearly has a ripple ef- S. 1932. An act to provide criminal pen- of Senate Concurrent Resolution 120, fect across the world. alties for unauthorized recording of motion 108th Congress, the House stands ad- The evidence shows of the inex- pictures in a motion picture exhibition facil- ity, to provide criminal and civil penalties journed until 2 p.m. on Tuesday, July 6, tricable tie between our growing econ- 2004. omy and peace and stability and grow- for unauthorized distribution of commercial prerelease copyrighted works, and for other Thereupon (at 5 o’clock and 7 min- ing job-creating economies throughout purposes; to the Committee on the Judici- utes p.m.), pursuant to Senate Concur- the world. It is the right thing do. ary. rent Resolution 120, 108th Congress, the I appreciate the fact that my col- S. 2237. An act to amend chapter 5 of title House adjourned until Tuesday, July 6, leagues have participated in this. I ap- 17, United States Code, to authorize civil 2004, at 2 p.m. preciate the forbearance that the copyright enforcement by the Attorney Gen- Speaker has shown, as well as those of eral, and for other purposes; to the Com- EXECUTIVE COMMUNICATIONS, the staff who have joined us here. mittee on the Judiciary. ETC. S. 2322. An act to amend chapter 90 of title f 5, United States Code, to include employees Under clause 8 of rule XII, executive communications were taken from the LEAVE OF ABSENCE of the District of Columbia courts as partici- pants in long term care insurance for Fed- Speaker’s table and referred as follows: By unanimous consent, leave of ab- eral employees; to the Committee on Gov- 8822. A communication from the President sence was granted to: ernment Reform. of the United States, transmitting requests Mr. BOYD (at the request of Ms. S. Con. Res. 83. Concurrent resolution pro- for FY 2005 budget amendments for the De- PELOSI) for today on account of per- moting the establishment of a democracy partments of Commerce, Health and Human sonal reasons. caucus within the United Nations; to the Services, Justice, State, and Transportation; Ms. KILPATRICK (at the request of Ms. Committee on International Relations. as well as the General Services Administra- PELOSI) for today after 1:00 p.m. on ac- f tion, the Election Assistance Commission, and the Federal Communications Commis- count of personal reasons. ENROLLED BILLS SIGNED Ms. SLAUGHTER (at the request of Ms. sion; (H. Doc. No. 108–197); to the Committee on Appropriations and ordered to be printed. PELOSI) for today on account of illness. Mr. Trandahl, Clerk of the House, re- ported and found truly enrolled bills 8823. A letter from the Assistant to the Ms. CARSON of Indiana (at the request Board, Board of Governors of the Federal Re- of Ms. PELOSI) for today on account of and a joint resolution of the House of serve System, transmitting the Board’s final personal reasons. the following titles, which were there- rule — Fair Credit Reporting Act [Regula- Mr. COBLE (at the request of Mr. upon signed by the Speaker: tion V; Docket No. R-1187] received June 23, DELAY) for today after 11:45 a.m. on ac- H.R. 884. An act to provide for the use and 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the count of obligations in his district. distribution of the funds awarded to the Committee on Financial Services. Mr. BARTON of Texas (at the request Western Shoshone identifiable group under 8824. A letter from the Deputy Assistant of Mr. DELAY) for today on account of Indian Claims Commission Docket Numbers Secertary for Policy, Employee Benefits Se- attending the funeral of a district staff 326–A–1, 326–A–3, and 326–K, and for other curity Administration, Department of Labor, purposes. transmitting the Department’s final rule — person. H.R. 1731. An act to amend title 18, United Health Care Continuation Coverage, Correc- f States Code, to establish penalties for aggra- tion (RIN: 1210-AA60) received June 24, 2004, SPECIAL ORDERS GRANTED vated identity theft, and for other purses. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2751. An act to provide new human mittee on Education and the Workforce. By unanimous consent, permission to capital flexibilities with respect to the GAO, 8825. A letter from the Assistant Secretary address the House, following the legis- and for other purposes. for Legislative Affairs, Department of State,

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.142 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5147 transmitting a report to Congress on Bul- transmitting the Department’s final rule — 2001-NM-297-AD; Amendment 39-13636; AD garia’s status as an adherent to the Missile Establishment of Class E Airspace; 2004-10-06] (RIN: 2120-AA64) received June 21, Technology Control Regime (MTCR), pursu- Allakaket, AK [Docket No. FAA-2004-17496; 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 22 U.S.C. 2797b-1; to the Committee on Airspace Docket No. 04-AAl-04] received June Committee on Transportation and Infra- International Relations. 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. 8826. A letter from the Paralegal Spe- the Committee on Transportation and Infra- 8845. A letter from the Paralegal Spe- cialist, FAA, Department of Tranportation, structure. cialist, FAA, Department of Transportation, transmitting the Department’s final rule — 8836. A letter from the Paralegal Spe- transmitting the Department’s final rule — Airworthiness Directives; Airbus Model A319 cialist, FAA, Department of Transportation, Airworthiness Directives; BAE Systems (Op- and A320 Series Airplanes [Docket No. 2002- transmitting the Department’s final rule — erations) Limited (Jetstream) Model 4101 NM-278-AD; Amendment 39-13608; AD 2004-09- Revision of Class E Airspace; Kipnuk, AK Airplanes [Docket No. 2002-NM-58-AD; 19] (RIN: 2120-AA64) received June 21, 2004, [Docket No. FAA-2004-17497; Airspace Docket Amendment 39-13607; AD 2004-09-18] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 04-AAL-05] received June 21, 2004, pursu- 2120-AA64) received June 21, 2004, pursuant to mittee on Transportation and Infrastruc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on ture. on Transportation and Infrastructure. Transportation and Infrastructure. 8827. A letter from the Paralegal Spe- 8837. A letter from the Paralegal Spe- 8846. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, transmitting the Department’s final rule — transmitting the Department’s final rule — transmitting the Department’s final rule — IFR Altitudes; Miscellaneous Amendments Airworthiness Directives; Lockheed Model Airworthiness Directives; Boeing Model 757- [Docket No. 30412 ; Amdt. No. 448] received L-1011 Series Airplanes [Docket No. 2000-NM- 200 Series Airplanes [Docket No. 2004-NM-44- June 21, 2004, pursuant to 5 U.S.C. 145-AD; Amendment 39-13618; AD 2004-09-28] AD; Amendment 39-13622; AD 2004-09-32] (RIN: 801(a)(1)(A); to the Committee on Transpor- (RIN: 2120-AA64) received June 21, 2004, pur- 2120-AA64) received June 21, 2004, pursuant to tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on 8828. A letter from the Paralegal Spe- mittee on Transportation and Infrastruc- Transportation and Infrastructure. cialist, FAA, Department of Transportation, ture. 8847. A letter from the Paralegal Spe- transmitting the Department’s final rule — 8838. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, Modification of Class E Airspace; Moberly, cialist, FAA, Department of Transportation, transmitting the Department’s final rule — MO. [Docket No. FAA-2004-17420; Airspace transmitting the Department’s final rule — Airworthiness Directives; Empresa Docket No. 04-ACE-21] received June 21, 2004, Establishment of Class E Airspace; Man- Brasileira de Aeronautica S.A. (EMBRAER) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- chester, NH [Docket No. FAA-2003-16707; Air- Model EMB-135 and EMB-145 Series Airplanes mittee on Transportation and Infrastruc- space Docket No. 2003-ANE-104] received [Docket No. 2002-NM-165-AD; Amendment 39- ture. June 21, 2004, pursuant to 5 U.S.C. 13604; AD 2004-09-15] (RIN: 2120-AA64) received 8829. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- June 21, 2004, pursuant to 5 U.S.C. cialist, FAA, Department of Transportation, tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule — 8839. A letter from the Paralegal Spe- tation and Infrastructure. 8848. A letter from the Paralegal Spe- Modification of Class E Airspace; Chappell, cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, NE. [Docket No. FAA-2004-17421; Airspace transmitting the Department’s final rule — transmitting the Department’s final rule — Docket No. 04-ACE-22] received June 21, 2004, Airworthiness Directives; Bell Helicopter Airworthiness Directives; Dornier Model 328- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Textron Canada Model 407 Helicopters 100 and -300 Series Airplanes [Docket No. mittee on Transportation and Infrastruc- [Docket No. 2004-SW-08-AD; Amendment 39- 2003-NM-263-AD; Amendment 39-13605; AD ture. 13637; AD 2004-10-07] (RIN: 2120-AA64) received 2004-09-16] (RIN: 2120-AA64) received June 21, 8830. A letter from the Paralegal Spe- June 21, 2004, pursuant to 5 U.S.C. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- transmitting the Department’s final rule — tation and Infrastructure. structure. 8840. A letter from the Paralegal Spe- Standard Instrument Approach Procedures; 8849. A letter from the Paralegal Spe- Miscellaneous Amendments [Docket No. cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, 30415; Amdt. No. 3098] received June 21, 2004, transmitting the Department’s final rule — transmitting the Department’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Modification of Class E Airspace; Wayne, NE. Airworthiness Directives; Boeing Model 747- mittee on Transportation and Infrastruc- [Docket No. FAA-2004-17912; Airspace Docket 400, 747-400D, 747-400F, 757-200, 757-200PF, 757- ture. No. 04-ACE-38] received June 21, 2004, pursu- 200CB, 767-200, 767-300, and 767-300F Series 8831. A letter from the Paralegal Spe- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Airplanes [Docket No. 2003-NM-40-AD; cialist, FAA, Department of Transportation, on Transportation and Infrastructure. Amendment 39-13635; AD 2004-10-05] (RIN: transmitting the Department’s final rule — 8841. A letter from the Paralegal Spe- 2120-AA64) received June 21, 2004, pursuant to Standard Instrument Approach Procedures; cialist, FAA, Department of Transportation, 5 U.S.C. 801(a)(1)(A); to the Committee on Miscellaneous Amendments [Docket No. transmitting the Department’s final rule — Transportation and Infrastructure. 30410; Amdt. No. 3094] received June 21, 2004, Airworthiness Directives; Fokker Model F27 8850. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mark 100, 200, 300, 400, 500, 600, and 700 Series cialist, FAA, Department of Transportation, mittee on Transportation and Infrastruc- Airplanes [Docket No. 2002-NM-253-AD; transmitting the Department’s final rule — ture. Amendment 39-13613; AD 2004-09-23] (RIN: Airworthiness Directives; Airbus Model A300 8832. A letter from the Paralegal Spe- 2120-AA64) received June 21, 2004, pursuant to B4-600, A300 B4-600R, and A300 F4-600R (Col- cialist, FAA, Department of Transportation, 5 U.S.C. 801(a)(1)(A); to the Committee on lectively Called A300-600), A310, A319, A320, transmitting the Department’s final rule — Transportation and Infrastructure. A321, A330, and A340-200 and -300 Series Air- Standard Instrument Approach Procedures; 8842. A letter from the Paralegal Spe- planes [Docket No. 2003-NM-19-AD; Amend- Miscellaneous Amendments [Docket No. cialist, FAA, Department of Transportation, ment 39-13632; AD 2004-10-02] (RIN: 2120-AA64) 30411; Amdt. No. 3095] received June 21, 2004, transmitting the Department’s final rule — received June 21, 2004, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airworthiness Directives; McDonnell Doug- 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- las Model MD-11 and -11F Airplanes [Docket tation and Infrastructure. ture. No. 2001-NM-161-AD; Amendment 39-13430; AD 8851. A letter from the Paralegal Spe- 8833. A letter from the Paralegal Spe- 2004-01-16] (RIN: 2120-AA64) received June 21, cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule — transmitting the Department’s final rule — Committee on Transportation and Infra- Airworthiness Directives; Bombardier Model Standard Instrument Approach Procedures; structure. CL-215-6B11 (CL215T Variant), and CL-215- Miscellaneous Amendments [Docket No. 8843. A letter from the Paralegal Spe- 6B11 (CL415 Variant) Series Airplanes [Dock- 30413; Amdt. No. 3096] received June 21, 2004, cialist, FAA, Department of Transportation, et No. 2003-NM-199-AD; Amendment 39-13634; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule — AD 2004-10-04] (RIN: 2120-AA64) received June mittee on Transportation and Infrastruc- Airworthiness Directives; Raytheon Aircraft 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to ture. Company Model 1900, 1900C, 1900C (C-12J), the Committee on Transportation and Infra- 8834. A letter from the Paralegal Spe- and 1900D Airplanes [Docket No. 95-CE-46- structure. cialist, FAA, Department of Transportation, AD; Amendment 39-13596; AD 2004-09-07] (RIN: 8852. A letter from the Paralegal Spe- transmitting the Department’s final rule — 2120-AA64) received June 21, 2004, pursuant to cialist, FAA, Department of Transportation, Standard Instrument Approach Procedures; 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule — Miscellaneous Amendments [Docket No. Transportation and Infrastructure. Airwrothiness Directives; Glasflugel — Ing. 30414; Amdt. No. 3097] received June 21, 2004, 8844. A letter from the Paralegal Spe- E. Hanle Model GLASFLUGEL Kestrel Sail- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cialist, FAA, Department of Transportation, planes [Docket No. 2003-CE-60-AD; Amend- mittee on Transportation and Infrastruc- transmitting the Department’s final rule — ment 39-13591; AD 2004-09-02] (RIN: 2120-AA64) ture. Airworthiness Directives; Boeing Model 727- received June 21, 2004, pursuant to 5 U.S.C. 8835. A letter from the Paralegal Spe- 100, and -200; 737-100, -200, -200C, -300, -400, and 801(a)(1)(A); to the Committee on Transpor- cialist, FAA, Department of Transportation, -500; and 747 Series Airplanes [Docket No. tation and Infrastructure.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JN7.000 H25PT1 H5148 CONGRESSIONAL RECORD — HOUSE June 25, 2004 8853. A letter from the Paralegal Spe- June 21, 2004, pursuant to 5 U.S.C. letter prepared jointly by the Secretary of cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- the Department in which the Coast Guard is transmitting the Department’s final rule — tation and Infrastructure. operating, the Secretaries of Commerce and Airworthiness Directives; Bombardier Model 8862. A letter from the Paralegal Spe- Interior, Environmental Protection Agency, CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), cialist, FAA, Department of Transportation, and the Attorney General transmitting the and CL-600-2B16 (CL-601-3A, CL-601-3R, and transmitting the Department’s final rule — report on the immunity of a private re- CL-604) Series Airplanes [Docket No. 2003- Airworthiness Directives; Gulfstream Aero- sponder (other than a person responsible for NM-175-AD; Amendment 39-13628; AD 2004-09- space LP Model Astra SPX and 1125 the vessel or facility from which oil is dis- 37] (RIN: 2120-AA64) received June 21, 2004, Westwind Astra Series Airplanes [Docket No. charged) from liability for criminal and civil pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2002-NM-236-AD; Amendment 39-13565; AD penalties for the incidental take of a pro- mittee on Transportation and Infrastruc- 2004-07-21] (RIN: 2120-AA64) received June 21, tected species while carrying out oil spill re- ture. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the sponse actions, as required by Section 400 of 8854. A letter from the Paralegal Spe- Committee on Transportation and Infra- the Maritime Transportation Security Act of cialist, FAA., Department of Transportation, structure. 2002; jointly to the Committees on Transpor- transmitting the Department’s final rule — 8863. A letter from the Paralegal Spe- tation and Infrastructure, the Judiciary, and Airworthiness Directives; Dornier Model 328- cialist, FAA, Department of Transportation, Resources. transmitting the Department’s final rule — 100 and Model 328-300 Series Airplanes [Dock- f et No. 2003-NM-112-AD; Amendment 39-13601; Airworthiness Directives; McDonnell Doug- AD 2004-09-12] (RIN: 2120-AA64) received June las Model DC-9-14, DC-9-15, and DC-9-15F Air- REPORTS OF COMMITTEES ON 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to planes; Mode DC-9-20, -30, -40, and -50 Series PUBLIC BILLS AND RESOLUTIONS the Committee on Transportation and Infra- Airplanes; and Model DC-9-81 (MD-81), DC-9- 82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), Under clause 2 of rule XIII, reports of structure. committees were delivered to the Clerk 8855. A letter from the Paralegal Spe- MD-88, and MD-90-30 Airplanes [Docket No. cialist, FAA, Department of Transportation, FAA-2003-16647; Directorate Docket No. 2002- for printing and reference to the proper transmitting the Department’s final rule — NM-203-AD; Amendment 39-13520; AD 2004-05- calendar, as follows: Airworthiness Directives; Gulfstream Aero- 25] (RIN: 2120-AA64) received June 21, 2004, Mr. POMBO: Committee on Resources. space LP Model Galaxy and Gulfstream 200 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3819. A bill to redesignate Fort Clatsop Airplanes [Docket No. 2004-NM-70-AD; mittee on Transportation and Infrastruc- National Memorial as the Lewis and Clark Amendment 39-13614; AD 2004-09-24] (RIN: ture. National Historical Park, to include in the 2120-AA64) received June 21, 2004, pursuant to 8864. A letter from the Paralegal Spe- park sites in the State of Washington as well 5 U.S.C. 801(a)(1)(A); to the Committee on cialist, FAA, Department of Transportation, as the State of Oregon, and for other pur- transmitting the Department’s final rule — Transportation and Infrastructure. poses; with an amendment (Rept. 108–570). 8856. A letter from the Paralegal Spe- Airworthiness Directives; Boeing Model 747- Referred to the Committee of the Whole cialist, FAA, Department of Transportation, 400 and -400D Series Airplanes [Docket No. House on the State of the Union. transmitting the Department’s final rule — 2004-NM-01-AD; Amendment 39-13564; AD Mr. POMBO: Committee on Resources. Airworthiness Directives; Boeing Model 767 2004-07-20] (RIN: 2120-AA64) received June 21, H.R. 2831. A bill to authorize the Secretary of Series Airplanes Powered by General Elec- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Interior to convey the Newlands Project tric or Pratt & Whitney Engines [Docket No. Committee on Transportation and Infra- Headquarters and Maintenance Yard Facility 2002-NM-275-AD; Amendment 39-13603; AD structure. to the Truckee-Carson Irrigation District; 8865. A letter from the Acting Chief, Publi- 2004-09-14] (RIN: 2120-AA64) received June 21, with an amendment (Rept. 108–571). Referred cations and Regulations, Internal Revenue 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the Committee of the Whole House on the Service, transmitting the Service’s final rule Committee on Transportation and Infra- State of the Union. — Significant reduction in retiree health Mr. SMITH of New Jersey: Committee on structure. coverage during the cost maintenance pe- 8857. A letter from the Paralegal Spe- Veterans’ Affairs. H.R. 1716. A bill to amend riod. (Rev. Rul. 2006-65) received June 24, cialist, FAA, Department of Transportation, title 38, United States Code, to improve edu- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Department’s final rule — cational assistance programs of the Depart- Committee on Ways and Means. ment of Veterans Affairs for apprenticeship Airworthiness Directives; Empresa 8866. A letter from the Chief, Publications Brasileira de Aeronautica S.A. (EMBRAER) or other on-job training, and for other pur- & Regulations, Internal Revenue Service, poses; with an amendment (Rept. 108–572 Pt. Model EMB-135BJ and EMB-145XR Series transmitting the Service’s final rule — Re- Airplanes [Docket No. 2003-NM-218-AD; 1). Ordered to be printed. quired Distributions from Retirement Plans Mr. POMBO: Committee on Resources. Amendment 39-13602; AD 2004-09-13] (RIN: [TD 9130] received June 24, 2004, pursuant to H.R. 2828. A bill to authorize the Secretary of 2120-AA64) received June 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the Interior to implement water supply tech- 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. nology and infrastructure programs aimed at Transportation and Infrastructure. 8867. A letter from the Secretary, Depart- increasing and diversifying domestic water 8858. A letter from the Paralegal Spe- ment of Homeland Security, transmitting a resources; with an amendment (Rept. 108–573 cialist, FAA, Department of Transportation, report entitled ‘‘Unmanned Aerial Vehicles Pt. 1). Ordered to be printed. transmitting the Department’s final rule — Applications to Homeland Security Mis- DISCHARGE OF COMMITTEE Airworthiness Directives; Boeing Model 747 sions,’’ pursuant to Public Law 108—136, sec- Series Airplanes [Docket No. 2003-NM-47-AD; tion 1034; jointly to the Committees on Pursuant to clause 2 of rule XII the Amendment 39-13566; AD 2004-07-22] (RIN: Armed Services and Transportation and In- Committee on Armed Services dis- 2120-AA64) received June 21, 2004, pursuant to frastructure. charged from further consideration. 5 U.S.C. 801(a)(1)(A); to the Committee on 8868. A letter from the Deputy Architect/ H.R. 1716 referred to the Committee of Transportation and Infrastructure. Chief Operating Officer for the Architect of the Whole House on the State of the 8859. A letter from the Paralegal Spe- the Capitol, transmitting an action plan ad- Union. cialist, FAA, Department of Transportation, dressing the policies, procedures, and actions Pursuant to clause 2 of rule XII the transmitting the Department’s final rule — to be implemented in carrying out the re- Committee on Transportation and In- Airworthiness Directives; Airbus Model A330- sponsibilities entrusted to the Office, pursu- 200 Series Airplanes [Docket No. 2003-NM-128- ant to Public Law 108—7, section 1203; jointly frastructure discharged from further AD; Amendment 39-13589; AD 2004-08-19] (RIN: to the Committees on House Administration consideration. H.R. 2828 referred to the 2120-AA64) received June 21, 2004, pursuant to and Transportation and Infrastructure. Committee of the Whole House on the 5 U.S.C. 801(a)(1)(A); to the Committee on 8869. A letter from the Secretary, Depart- State of the Union. Transportation and Infrastructure. ment of Commerce, transmitting a draft bill Pursuant to clause 2 of rule XII the 8860. A letter from the Paralegal Spe- ‘‘To establish the National Oceanic and At- following action was taken by the cialist, FAA, Department of Transportation, mospheric Administration (NOAA), to amend Speaker: transmitting the Department’s final rule — the organization and functions of the NOAA H.R. 1716. Referral to the Committee on Airworthiness Directives; Dornier Model 328- Advisory Committee on Oceans and Atmos- Armed Services extended for a period ending 300 Series Airplanes [Docket No. 2002-NM-156- phere, and for other purposes’’; jointly to the not later than June 25, 2004. AD; Amendment 39-13588; AD 2004-08-18] (RIN: Committees on Resources and Science. H.R. 2828. Referral to the Committee on 2120-AA64) received June 21, 2004, pursuant to 8870. A letter from the Secretary, Depart- Transportation and Infrastructure extended 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Energy, transmitting a draft of pro- for a period ending not later than June 25, Transportation and Infrastructure. posed legislation to enhance the effective- 2004. 8861. A letter from the Paralegal Spe- ness of the Department’s defense and na- cialist, FAA, Department of Transportation, tional security programs; jointly to the f transmitting the Department’s final rule — Committees on Armed Services, Inter- PUBLIC BILLS AND RESOLUTIONS Airworthiness Directives; Cessna Aircraft national Relations, and Energy and Com- Company Models 208 and 208B Airplanes merce. Under clause 2 of rule XII, public [Docket No. 2004-CE-09-AD; Amendment 39- 8871. A letter from the Secretary, Depart- bills and resolutions were introduced 13587; AD 2004-08-17] (RIN: 2120-AA64) received ment of Homeland Security, transmitting a and severally referred, as follows:

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JN7.000 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5149 By Mr. SAM JOHNSON of Texas: H.R. 4724. A bill to amend title XVIII of the By Mr. LATHAM (for himself, Mr. H.R. 4714. A bill to amend the Internal Rev- Social Security Act to provide for coverage NUSSLE, Mr. BOSWELL, Mr. LEACH, enue Code of 1986 to provide for retirement of clinical pharmacist practitioner services and Mr. KING of Iowa): savings accounts, and for other purposes; to under part B of the Medicare Program; to H.R. 4735. A bill to authorize the Secretary the Committee on Ways and Means. the Committee on Energy and Commerce, of Agriculture to make a grant to the World By Mr. NUSSLE: and in addition to the Committee on Ways Food Prize Foundation to assist the Founda- H.R. 4715. A bill to clarify the obligations and Means, for a period to be subsequently tion in covering renovation expenses related of the Federal Communications Commission determined by the Speaker, in each case for to the World Food Prize, which is awarded to to issue licenses using competitive bidding consideration of such provisions as fall with- individuals who make vital contributions to procedures; to the Committee on Energy and in the jurisdiction of the committee con- improving the quality, quantity, or avail- Commerce. cerned. ability of food throughout the world; to the By Ms. WATERS: By Mr. CARSON of Oklahoma: Committee on Agriculture. H.R. 4716. A bill to authorize the Secretary H.R. 4725. A bill to amend the Wild and By Ms. MCCARTHY of Missouri (for of the Interior to study the suitability and Scenic Rivers Act to designate a segment of herself, Mr. RANGEL, Mr. BURTON of feasibility of designating Ballona Bluff, lo- the Glover River in the State of Oklahoma Indiana, Ms. SLAUGHTER, Mr. cated in Los Angeles, California, as a unit of as a component of the National Wild and DOGGETT, Mr. KUCINICH, Mr. SCHIFF, the National Park System, and for other Scenic Rivers System; to the Committee on Mr. MCINTYRE, Mr. MCGOVERN, and purposes; to the Committee on Resources. Resources. Ms. MILLENDER-MCDONALD): By Mr. OTTER (for himself, Mr. STEN- By Mr. CARTER: H.R. 4736. A bill to amend the Internal Rev- HOLM, Mr. FLAKE, Mr. SIMPSON, Mr. H.R. 4726. A bill to prevent discriminatory enue Code of 1986 to encourage the produc- BEREUTER, Mr. PEARCE, Mr. CANNON, taxation of natural gas pipeline property by tion of independent motion picture films in Mr. KOLBE, and Mr. DOOLITTLE): the States; to the Committee on the Judici- the United States; to the Committee on H.R. 4717. A bill to allow small public ary. Ways and Means. water systems to request an exemption from By Mr. CHABOT: By Mr. MEEKS of New York (for him- the requirements of any national primary H.R. 4727. A bill to amend the Agricultural self, Mr. ISRAEL, Ms. LEE, Mr. TOWNS, drinking water regulation for a naturally oc- Trade Act of 1978 to eliminate the market Ms. EDDIE BERNICE JOHNSON of Texas, curring contaminant, and for other purposes; access program; to the Committee on Agri- Mr. FRANK of Massachusetts, Mr. to the Committee on Energy and Commerce. culture. NADLER, Mr. ENGEL, Mr. OWENS, Mr. By Mr. LEWIS of Kentucky (for him- By Mr. CONYERS (for himself, Ms. CROWLEY, Mrs. MALONEY, Mr. BISHOP self and Mr. WHITFIELD): LOFGREN, Mr. MEEHAN, Ms. WATERS, H.R. 4718. A bill to amend the Internal Rev- of Georgia, and Mr. SERRANO): and Ms. LINDA T. SANCHEZ of Cali- H.R. 4737. A bill to provide additional ex- enue Code of 1986 to provide a credit to cer- fornia): emptions from the community service re- tain agriculture-related businesses for the H.R. 4728. A bill to affirm that the United quirement for a resident of a public housing cost of protecting certain chemicals; to the States may not engage in torture or cruel, project; to the Committee on Financial Serv- Committee on Ways and Means. inhuman, or degrading treatment or punish- ices. By Mr. BAKER (for himself, Mr. ROYCE, ment, and for other purposes; to the Com- By Mr. MEEKS of New York (for him- and Mr. HENSARLING): mittee on Armed Services, and in addition to self, Mr. ISRAEL, Ms. LEE, Mr. TOWNS, H.R. 4719. A bill to amend the Truth in the Committees on the Judiciary, and Inter- Ms. EDDIE BERNICE JOHNSON of Texas, Lending Act to limit the liability of any as- national Relations, for a period to be subse- Mr. FRANK of Massachusetts, Mr. signee of a creditor, and for other purposes; quently determined by the Speaker, in each NADLER, Mr. ENGEL, Mr. OWENS, Mr. to the Committee on Financial Services. case for consideration of such provisions as CROWLEY, Mrs. MALONEY, Mr. BISHOP By Ms. BALDWIN (for herself, Mr. fall within the jurisdiction of the committee KUCINICH, Mr. KILDEE, Ms. SOLIS, and of Georgia, and Mr. SERRANO): concerned. H.R. 4738. A bill to provide that a resident Mr. RUSH): By Mr. EMANUEL: of a public housing project who performs H.R. 4720. A bill to amend the Family and H.R. 4729. A bill to amend the Internal Rev- community service shall receive priority Medical Leave Act of 1993 to eliminate an enue Code of 1986 to rename the earned in- consideration for participation in economic hours of service requirement for benefits come credit as the Ronald Reagan earned in- self-sufficiency programs sponsored by a under that Act; to the Committee on Edu- come credit; to the Committee on Ways and public housing agency, and for other pur- cation and the Workforce, and in addition to Means. poses; to the Committee on Financial Serv- the Committees on Government Reform, and By Mr. ENGLISH (for himself and Mr. ices. House Administration, for a period to be sub- VISCLOSKY): sequently determined by the Speaker, in H.R. 4730. A bill to maintain and expand By Mr. MICHAUD (for himself, Mr. each case for consideration of such provi- the steel import licensing and monitoring ALLEN, Mr. BASS, Mr. SANDERS, and sions as fall within the jurisdiction of the program; to the Committee on Ways and Mr. MCHUGH): committee concerned. Means. H.R. 4739. A bill to establish the Northeast By Mr. BISHOP of New York (for him- By Mr. GERLACH (for himself and Mrs. Regional Development Commission, and for other purposes; to the Committee on Trans- self, Mrs. MCCARTHY of New York, TAUSCHER): Mr. GRIJALVA, and Mr. BISHOP of H.R. 4731. A bill to amend the Federal portation and Infrastructure, and in addition Georgia): Water Pollution Control Act to reauthorize to the Committee on Financial Services, for H.R. 4721. A bill to amend the Internal Rev- the National Estuary Program; to the Com- a period to be subsequently determined by enue Code of 1986 to exclude from estate mittee on Transportation and Infrastruc- the Speaker, in each case for consideration taxes the value of farmland so long as the ture. of such provisions as fall within the jurisdic- farmland use continues and to repeal the dol- By Mr. GERLACH (for himself, Mr. tion of the committee concerned. lar limitation on the estate tax exclusion for UDALL of Colorado, Mr. HOLDEN, Mr. By Mr. GEORGE MILLER of California land subject to a qualified conservation ease- OTTER, Mr. MILLER of Florida, and (for himself, Ms. PELOSI, Mr. OWENS, ment; to the Committee on Ways and Means. Mr. HOSTETTLER): Mr. LANTOS, Mr. PALLONE, Ms. LEE, By Mr. BRADLEY of New Hampshire H.R. 4732. A bill to amend the Internal Rev- Mr. HOEFFEL, Mr. SANDLIN, Mr. (for himself and Mr. BASS): enue Code of 1986 to exclude from gross in- FRANK of Massachusetts, Mr. H.R. 4722. A bill to authorize the establish- come amounts received as damages and at- TIERNEY, Mr. FROST, Mr. MARKEY, ment at Antietam National Battlefield of a torneys fees and costs under Federal whistle- Mr. DEFAZIO, Ms. SOLIS, Mr. BISHOP memorial to the officers and enlisted men of blower protection laws and to allow income of Georgia, Ms. BALDWIN, Ms. WAT- the Fifth, Sixth, and Ninth New Hamphire averaging for amounts received as lost in- SON, Mr. MEEHAN, Mr. BROWN of Ohio, Volunteer Infantry Regiments and the First come; to the Committee on Ways and Means. Ms. WOOLSEY, Mr. VISCLOSKY, Ms. New Hampshire Light Artillery Battery who By Ms. HOOLEY of Oregon: SLAUGHTER, Mr. MCDERMOTT, Ms. fought in the Battle of Antietam on Sep- H.R. 4733. A bill to provide improved in- LINDA T. SANCHEZ of California, Ms. tember 17, 1862, and for other purposes; to come security for members of the Individual DELAURO, and Mr. KANJORSKI): the Committee on Resources. Ready Reserve who are called to active duty; H.R. 4740. A bill to amend the Worker Ad- By Mr. BRADLEY of New Hampshire to the Committee on Armed Services, and in justment and Retraining Notification Act to (for himself and Mr. SENSEN- addition to the Committee on Veterans’ Af- provide protections for employees relating to BRENNER): fairs, for a period to be subsequently deter- the offshoring of jobs; to the Committee on H.R. 4723. A bill to amend the Internal Rev- mined by the Speaker, in each case for con- Education and the Workforce. enue Code of 1986 to provide an exclusion sideration of such provisions as fall within By Mrs. MYRICK: from gross income for student loan payments the jurisdiction of the committee concerned. H.R. 4741. A bill to suspend temporarily the made by an employer on behalf of an em- By Mr. JOHN: duty on Diresul Brown CR Liquid Crude; to ployee; to the Committee on Ways and H.R. 4734. A bill to amend the Indian Gam- the Committee on Ways and Means. Means. ing Regulatory Act to include a definition of By Mrs. MYRICK: By Mr. BURR (for himself, Mr. initial reservation and consultation, and for H.R. 4742. A bill to suspend temporarily the BALLENGER, Mr. COBLE, and Mr. other purposes; to the Committee on Re- duty on Foron Blue S-BGL granules; to the PRICE of North Carolina): sources. Committee on Ways and Means.

VerDate May 21 2004 04:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JN7.100 H25PT1 H5150 CONGRESSIONAL RECORD — HOUSE June 25, 2004 By Mrs. MYRICK: Ways and Means, for a period to be subse- bility of the United States Army Corps of H.R. 4743. A bill to suspend temporarily the quently determined by the Speaker, in each Engineers for the Inner Harbor Navigation duty on Diresul Brown FS Liquid Crude; to case for consideration of such provisions as Canal lock project; to the Committee on the Committee on Ways and Means. fall within the jurisdiction of the committee Transportation and Infrastructure. By Mrs. MYRICK: concerned. f H.R. 4744. A bill to suspend temporarily the By Ms. SCHAKOWSKY (for herself, Mr. duty on Diresul Tan RDT-RW Liquid; to the GRIJALVA, Mr. BELL, Ms. KAPTUR, Mr. ADDITIONAL SPONSORS Committee on Ways and Means. WEXLER, Mr. STARK, Mr. SANDERS, By Mrs. MYRICK: Mr. KUCINICH, Mr. OWENS, Mr. RENZI, Under clause 7 of rule XII, sponsors H.R. 4745. A bill to suspend temporarily the Mr. KIND, Mr. BLUMENAUER, Mr. were added to public bills and resolu- duty on Diresul Brown GN Liquid Crude; to MCGOVERN, Mr. CONYERS, Mr. PAYNE, tions as follows: the Committee on Ways and Means. Mr. BRADY of Pennsylvania, Ms. LEE, H.R. 156: Mr. CLYBURN. By Mr. OWENS: Mrs. JONES of Ohio, Mr. TOWNS, Mr. H.R. 369: Mr. LEWIS of Georgia. H.R. 4746. A bill to amend the Military Se- HINCHEY, Mr. GUTIERREZ, Mr. LANTOS, H.R. 734: Mr. GREEN of Texas and Ms. WAT- lective Service Act to terminate the reg- Ms. CARSON of Indiana, Ms. WATERS, SON. istration requirement and the activities of Mr. MCDERMOTT, Ms. MCCARTHY of H.R. 742: Mr. GERLACH. civilian local boards, civilian appeal boards, Missouri, Ms. BORDALLO, Ms. WOOL- H.R. 745: Mr. WU. and similar local agencies of the Selective SEY, Mr. EMANUEL, Ms. MILLENDER- H.R. 779: Ms. LOFGREN. Service System, and for other purposes; to MCDONALD, Ms. ROYBAL-ALLARD, Mr. H.R. 839: Mr. SMITH of Washington, Mr. the Committee on Armed Services. JACKSON of Illinois, and Mrs. FORBES, Mr. RYUN of Kansas, Mr. WU, Ms. By Mr. PALLONE: CHRISTENSEN): H.R. 4747. A bill to ensure that the goals of VELAZQUEZ, Mr. UDALL of New Mexico, Mr. H. Con. Res. 468. Concurrent resolution ex- GREENWOOD, and Mr. MARKEY. the Dietary Supplement Health and Edu- pressing the sense of the Congress with re- cation Act of 1994 are met by authorizing ap- H.R. 846: Ms. LOFGREN. spect to the world’s freshwater resources; to H.R. 852: Mrs. CHRISTENSEN. propriations to fully enforce and implement the Committee on International Relations, such Act and the amendments made by such H.R. 918: Mr. KENNEDY of Minnesota, Mr. and in addition to the Committees on Finan- GRAVES, Mr. SCHROCK, Mr. CLAY, Mrs. JO Act, and for other purposes; to the Com- cial Services, and Ways and Means, for a pe- mittee on Energy and Commerce. ANN DAVIS of Virginia, and Ms. JACKSON-LEE riod to be subsequently determined by the of Texas. By Mr. PORTER: Speaker, in each case for consideration of H.R. 4748. A bill to amend the Internal Rev- H.R. 933: Mr. HALL. such provisions as fall within the jurisdic- H.R. 1002: Mr. BELL. enue Code of 1986 to modify and make re- tion of the committee concerned. fundable the credit for expenses for house- H.R. 1051: Mr. HALL. By Mr. FERGUSON: H.R. 1083: Mr. FORBES, Mr. BEREUTER, and hold and dependent care services necessary H. Res. 698. A resolution recognizing the Mr. PLATTS. for gainful employment; to the Committee 54th anniversary of the start of the Korean H.R. 1205: Mrs. MCCARTHY of New York. on Ways and Means. War and honoring the members of the United H.R. 1251: Mr. GRIJALVA. By Mr. PRICE of North Carolina (for States Armed Forces; to the Committee on H.R. 1428: Mr. DEAL of Georgia and Mr. himself, Mr. WAXMAN, Mr. SPRATT, Armed Services. FATTAH. Mr. MEEHAN, and Mr. CRAMER): By Mr. CONYERS (for himself, Ms. H.R. 1613: Mr. BECERRA, Mr. EMMANUEL, H.R. 4749. A bill to require accountability PELOSI, Mr. HOYER, Mr. MENENDEZ, for personnel performing Federal contracts Mr. ANDREWS, Mr. LAMPSON, and Mr. SCOTT Mr. CLYBURN, Mr. DINGELL, Mr. OBEY, of Georgia. with private security contractors; to the Mr. RANGEL, Mr. WAXMAN, Mr. SKEL- H.R. 1924: Mr. LAMPSON. Committee on Government Reform, and in TON, Mr. LANTOS, and Mr. HINCHEY): H.R. 2217: Mr. VITTER. addition to the Committee on Armed Serv- H. Res. 699. A resolution directing the Sec- H.R. 2394: Mr. ROTHMAN. ices, for a period to be subsequently deter- retary of State to transmit to the House of H.R. 2808: Mr. VITTER. mined by the Speaker, in each case for con- Representatives documents in the possession H.R. 2843: Mr. SHIMKUS and Mr. HONDA. sideration of such provisions as fall within of the Secretary of State relating to the H.R. 2895: Mr. KOLBE, Mr. SOUDER, Mr. MIL- the jurisdiction of the committee concerned. treatment of prisoners and detainees in Iraq, LER of Florida, and Mrs. MUSGRAVE. By Mr. RENZI (for himself and Mr. Afghanistan, and Guantanamo Bay; to the H.R. 2900: Mr. GINGREY and Mr. BURNS. HAYES): Committee on International Relations. H.R. 2929: Mr. ISRAEL. H.R. 4750. A bill to require any uniforms By Mr. CONYERS (for himself, Ms. H.R. 2934: Mr. FOSSELLA. purchased for the Border Patrol to be made PELOSI, Mr. HOYER, Mr. MENENDEZ, H.R. 2959: Mr. ROGERS of Kentucky and Mr. in the United States; to the Committee on Mr. CLYBURN, Mr. DINGELL, Mr. OBEY, WU. Government Reform. Mr. RANGEL, Mr. WAXMAN, Mr. SKEL- H.R. 3014: Mrs. TAUSCHER. By Mr. REYES (for himself, Mr. BELL, TON, Mr. LANTOS, and Mr. HINCHEY): H.R. 3111: Mr. MOORE, Mr. LANGEVIN, Mr. Mr. BRADY of Texas, Mr. DOGGETT, H. Res. 700. A resolution directing the At- THOMPSON of Mississippi, Mr. GORDON, Mr. Mr. EDWARDS, Mr. FROST, Mr. GON- torney General to transmit to the House of RADANOVICH, Ms. PRYCE of Ohio, Mr. MENEN- ZALEZ, Mr. GREEN of Texas, Mr. HALL, Representatives documents in the possession DEZ, Mr. LATOURETTE, Mr. DINGELL, and Mr. Mr. HINOJOSA, Ms. JACKSON-LEE of of the Attorney General relating to the MARKEY. Texas, Ms. EDDIE BERNICE JOHNSON of treatment of prisoners and detainees in Iraq, H.R. 3180: Mr. SANDLIN. Texas, Mr. LAMPSON, Mr. ORTIZ, Mr. Afghanistan, and Guantanamo Bay; to the H.R. 3235: Mrs. NORTHUP. RODRIGUEZ, Mr. SANDLIN, Mr. SES- Committee on the Judiciary. SIONS, Mr. STENHOLM, and Mr. TURN- H.R. 3310: Mr. SAM JOHNSON of Texas and f ER of Texas): Mrs. NORTHUP. H.R. 4751. A bill to redesignate the Rio MEMORIALS H.R. 3317: Mr. HOEFFEL. Grande American Canal in El Paso, Texas, as H.R. 3482: Mr. VAN HOLLEN, Mr. MCCOTTER, the ‘‘Travis C. Johnson Canal’’; to the Com- Under clause 3 of rule XII, memorials and Mr. WU. mittee on Resources. were presented and referred as follows: H.R. 3539: Mr. ISRAEL. By Mr. SCOTT of Virginia (for himself, 381. The SPEAKER presented a memorial H.R. 3545: Mr. NADLER. Mr. CONYERS, Ms. JACKSON-LEE of of the Legislature of the State of Louisiana, H.R. 3707: Mr. DAVIS of Illinois, Ms. WAT- Texas, Mr. RANGEL, Mr. DAVIS of Illi- relative to House Concurrent Resolution No. SON, and Ms. HERSETH. nois, Ms. LEE, Ms. KAPTUR, Mr. 5 memorializing the United States Congress H.R. 3729: Mr. RODRIGUEZ, Mr. VAN HOLLEN, GREEN of Texas, Mr. FROST, Ms. WAT- to study and consider revising the income Mr. RAHALL, Mr. HINCHEY, and Ms. KAPTUR. SON, and Mr. MCDERMOTT): guidelines for senior citizens and reduce H.R. 3730: Mr. MCGOVERN. H.R. 4752. A bill to amend title 18, United them by ten percent so that they may par- H.R. 3755: Mr. HAYES and Mr. WYNN. States Code, to award credit toward the serv- ticipate in or receive more assistance H.R. 3799: Mr. KING of Iowa. ice of a sentence to prisoners who participate through the federal food stamp program; to H.R. 3805: Ms. LEE, Mr. LANTOS, and Mr. in designated educational, vocational, treat- the Committee on Agriculture. FILNER. ment, assigned work, or other developmental 382. Also, a memorial of the Legislature of H.R. 3858: Mr. EHLERS. programs, and for other purposes; to the the State of Louisiana, relative to House H.R. 3865: Mr. LEWIS of Georgia. Committee on the Judiciary. Concurrent Resolution No. 68 memorializing H.R. 3933: Mr. SHAW, Mr. CAMP, and Mr. By Mr. SMITH of Washington: the United States Congress, the Louisiana DREIER. H.R. 4753. A bill to improve certain com- Congressional Delegation, and the United H.R. 3968: Mr. GUTIERREZ and Ms. MCCOL- pensation, health care, and education bene- States Army Corps of Engineers to promptly LUM. fits for individuals who serve on active duty close the Mississippi River Gulf Outlet in the H.R. 3989: Mr. STARK, Mr. GRIJALVA, Mrs. in a reserve component of the uniformed manner contemplated by the Coast 2050 Plan CHRISTENSEN, Mr. THOMPSON of Mississippi, services, and for other purposes; to the Com- and memorializing the United States Con- Ms. WATSON, Ms. DELAURO, Ms. WOOLSEY, mittee on Armed Services, and in addition to gress and the Louisiana Congressional Dele- Ms. MCCOLLUM and Mr. LEWIS of Georgia. the Committees on Government Reform, and gation to authorize the full funding capa- H.R. 4022: Mr. WELDON of Pennsylvania.

VerDate May 21 2004 06:43 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JN7.100 H25PT1 June 25, 2004 CONGRESSIONAL RECORD — HOUSE H5151

H.R. 4032: Mr. FROST and Mr. RANGEL. H.R. 4620: Mr. FILNER, Mr. SIMPSON, Mr. Mr. LINCOLN DIAZ-BALART of Florida, Mr. H.R. 4036: Mr. THOMPSON of Mississippi. OTTER, and Mr. NEUGEBAUER. CARTER, Mr. CANTOR, Mr. COX, Mr. QUINN, H.R. 4048: Mr. VITTER. H.R. 4626: Mr. JEFFERSON, Mr. MCDERMOTT, Mr. MCCOTTER, Mr. SWEENEY, Mr. H.R. 4064: Mr. CAMP, Mr. STENHOLM, and Mr. RUPPERSBERGER, and Mr. BOUCHER. LATOURETTE, Mr. NEY, Mr. MCHUGH, Mr. Mr. FRANKS of Arizona. H.R. 4628: Mr. MCGOVERN and Mr. ALLEN. SHUSTER, Mr. OTTER, Mr. SIMPSON, Mr. H.R. 4093: Ms. LEE, Mr. CUMMINGS, Mr. H.R. 4634: Ms. GINNY BROWN-WAITE of Flor- LATHAM, Mr. LEWIS of California, Mr. GREEN MCDERMOTT, and Mr. PAYNE. ida, Mr. GARRETT of New Jersey, Mr. COL- of Wisconsin, and Ms. HARRIS. H.R. 4116: Mr. ROSS, Mr. OWENS, and Ms. LINS, Mr. GREENWOOD, and Mr. VITTER. H. Res. 689: Mr. MEEHAN. DELAURO. H.R. 4636: Ms. BORDALLO and Mr. BOSWELL. H. Res. 695: Mr. STARK. H.R. 4126: Mr. GILLMOR, Mr. ROGERS of H.R. 4654: Mr. MANZULLO. Michigan, Mr. CHABOT, Mr. TURNER of Ohio, H.R. 4655: Mr. RYAN of Ohio and Mr. FROST. f Mrs. CUBIN, and Mr. VITTER. H.R. 4662: Mr. LINDER. H.R. 4147: Mr. LEWIS of Georgia. H.R. 4673: Mr. LEWIS of Georgia. H.R. 4161: Mr. OWENS and Mrs. EMERSON. H.R. 4682: Mr. OSE. DISCHARGE PETITION—ADDITIONS H.R. 4177: Mr. DOYLE. H.R. 4685: Mr. DINGELL. OR DELETIONS H. Con. Res. 111: Mr. PASTOR, Mr. TOWNS, H.R. 4187: Mr. ADERHOLT. The following Members added their and Mr. WALSH. H.R. 4192: Mr. SMITH of Washingtron, Mr. names to the following discharge peti- FATTAH, and Mr. BISHOP of Georgia. H. Con. Res. 126: Mr. NORWOOD. H.R. 4214: Mr. VITTER and Mr. SAXTON. H. Con. Res. 218: Mr. RENZI and Mr. tions: H.R. 4225: Mr. HOYER. CAPUANO. Petition 6, by Mr. TURNER of Texas on H.R. 4249: Mr. THOMPSON of California, Mr. H. Con. Res. 415: Mr. BERMAN, Mr. UDALL of House Resolution 523: Chaka Fattah, John D. FRANK of Massachusetts, Mr. WAXMAN, Ms. Colorado, Mr. BEREUTER, Mr. MCCOTTER, Ms. Dingell, and Adam Smith. WATSON, Ms. ROYBAL-ALLARD, Mrs. DAVIS of MCCARTHY of Missouri, Mr. GALLEGLY, Ms. California, Mrs. NAPOLITANO, Ms. LINDA T. WATSON, Mr. FALEOMAVAEGA, Mr. SHERMAN, f SANCHEZ of California, Mr. BACA, and Ms. Mr. WEXLER, Ms. SLAUGHTER, Mr. BALLENGER, Mr. LEACH, Mr. ROHRABACHER, LOFGREN. AMENDMENTS H.R. 4304: Mr. PRICE of North Carolina. Mr. ROYCE, Mrs. JO ANN DAVIS of Virginia, H.R. 4306: Ms. HART, Mr. FLAKE, and Mr. Ms. KAPTUR, Mr. CARDIN, Mr. BURTON of Indi- Under clause 8 of rule XVIII, pro- CARTER. ana, Mr. ADERHOLT, Mr. CHABOT, Mr. BELL, posed amendments were submitted as H.R. 4346: Mr. PETERSON of Minnesota, Mrs. and Mr. KING of New York. follows: NAPOLITANO, Mr. MEEHAN, Mr. CASE, Mr. H. Con. Res. 425: Mr. SAXTON and Ms. H.R. 4614 BISHOP of New York, and Mr. TIERNEY. SLAUGHTER. H.R. 4358: Mr. CAMP. H. Con. Res. 462: Mr. BILIRAKIS. OFFERED BY: MS. ESHOO H.R. 4383: Mr. ISAKSON and Mr. COLLINS. H. Res. 129: Mr. STARK. AMENDMENT NO. 6: At the end of the bill H.R. 4387: Mr. STARK, Ms. LEE, and Mr. H. Res. 556: Mr. WOLF and Mr. HINCHEY. (before the short title), insert the following: LEWIS of Georgia. H. Res. 562: Mr. RODRIGUEZ, Mrs. SEC. ll. None of the funds made available H.R. 4391: Mr. HINOJOSA and Ms. ROYBAL- NAPOLITANO, Ms. SOLIS, Mr. ORTIZ, Mr. in this Act may be used to deny requests for ALLARD. GUTIERREZ, Mr. BECERRA, Mr. GONZALEZ, Mr. the public release of documents or evidence H.R. 4420: Mr. SMITH of Texas, Mr. MAN- CARDOZA, Ms. VELAZQUEZ, Mr. SERRANO, Mr. obtained through or in the Western Energy ZULLO, Mr. SULLIVAN, and Mr. HAYES. MENENDEZ, Mr. HINOJOSA, Mr. PASTOR, Mr. Markets: Enron Investigation (Docket No. H.R. 4469: Mr. LEWIS of Georgia. BACA, Mr. GRIJALVA, Ms. ROYBAL-ALLARD, PA02–2), the California Refund case (Docket H.R. 4476: Ms. DELAURO, Mr. MCGOVERN, Mr. ACEVEDO-VILA, Ms. MILLENDER-MCDON- No. EL00–95), the Anomalous Bidding Inves- Mr. FRANK of Massachusetts, Mr. BRADY of ALD, Ms. CARSON of Indiana, Mr. CLYBURN, tigation (Docket No. IN03–10), or the Phys- Pennsylvania, and Mr. TIERNEY. Mr. TOWNS, Mr. MEEKS of New York, Ms. ical Withholding Investigation. H.R. 4479: Mr. CUMMINGS and Mrs. NORTON, Mr. WYNN, Mr. CONYERS, Ms. H.R. 4614 CHRISTENSEN. CORRINE BROWN of Florida, Ms. JACKSON-LEE H.R. 4491: Mr. BLUNT, Mr. BRADLEY of New of Texas, Ms. EDDIE BERNICE JOHNSON of OFFERED BY: MR. INSLEE Hampshire, Mr. BOUCHER, Mr. ISRAEL, Mrs. Texas, Mr. SANDLIN, Mr. TURNER of Texas, AMENDMENT NO. 7: At the end of the bill, MCCARTHY of New York, Mr. KENNEDY of Mr. HALL, Mr. DOGGETT, Mr. EDWARDS, Mr. before the short title, insert the following: Rhode Island, and Ms. HERSETH. STENHOLM, Mr. FROST, Mr. BELL, Mr. GREEN SEC. ll. None of the funds made available H.R. 4498: Ms. SLAUGHTER. of Texas, Mr. SESSIONS, Mr. BRADY of Texas, in this Act may be used by the Department H.R. 4528: Mr. FEENEY. Mr. RUPPERSBERGER, Mr. BOSWELL, Mr. of Energy to make ‘‘waste incidental to re- H.R. 4533: Mr. KOLBE and Mr. CANNON. HUNTER, and Mr. WELDON of Pennsylvania. processing’’ determinations in order to re- H.R. 4550: Mr. MEEK of Florida, Mr. OWENS, H. Res. 5596: Mr. WILSON of South Carolina, classify high-level radioactive waste. For Mr. FROST, and Mr. MCINTYRE. Mr. KUCINICH, and Ms. LOFGREN. purposes of this section, the term ‘‘high-level H.R. 4561: Mr. KUCINICH. H. Res. 647: Mr. CUNNINGHAM and Mr. JONES radioactive waste’’ has the meaning given H.R. 4571: Mr. BRADY of Texas and Mr. of North Carolina. that term in the Nuclear Waste Policy Act of PAUL. H. Res. 654: Mr. LANTOS, Mr. PAYNE, Mr. 1982. H.R. 4585: Mr. BISHOP of Georgia, Mr. KIL- RUSH, Mr. BALLENGER, Mr. WELLER, Mr. RAN- H.R. 4614 DEE, Mr. GREEN of Texas, Mr. GEORGE MIL- GEL, Ms. LEE, Mr. DELAHUNT, Mrs. JONES of LER of California, Mr. OWENS, and Mr. FROST. Ohio, Mr. MCDERMOTT, Mr. FARR, Mrs. OFFERED BY: MR. MEEHAN H.R. 4595: Mr. SCHIFF, Mr. RUPPERSBERGER, CHRISTENSEN, Mr. CUMMINGS, Mr. FORD, and AMENDMENT NO. 8: Page 23, line 5, after the and Mr. GRIJALVA. Mr. JACKSON of Illinois. dollar amount, insert ‘‘(reduced By H.R. 4605: Mrs. DAVIS of California, Ms. H. Res. 687: Mr. KUCINICH. $30,000,000)’’. MCCOLLUM, Mr. CASE, Mr. VAN HOLLEN, Mr. H. Res. 688: Mr. ABERCROMBIE, Mr. WALSH, Page 23, line 16, after the dollar amount, SCOTT of Virginia, and Mr. MEEHAN. Mr. OSE, Mr. MARIO DIAZ-BALART of Florida, insert ‘‘(increased by $30,000,000)’’.

VerDate May 21 2004 06:57 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.033 H25PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, FRIDAY, JUNE 25, 2004 No. 90 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, ule when we return after the break a called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, little bit later this morning prior to ERT F. BENNETT, a Senator from the Washington, DC, June 25, 2004. closing. State of Utah. To the Senate: Under the provisions of Rule I, paragraph f 3, of the Standing Rules of the Senate, I PRAYER RECOGNITION OF THE ACTING hereby appoint the Honorable ROBERT F. MINORITY LEADER The Chaplain, Dr. Barry C. Black, of- BENNETT, a Senator from the State of Utah, fered the following prayer: to perform the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. Eternal God, Who TED STEVENS, pore. The Senator from Nevada is rec- stretches out the heavens and rules President pro tempore. ognized. over land and sea, You keep Your Mr. BENNETT thereupon assumed f the chair as Acting President pro tem- promises to us. You restore power and RETURN SCHEDULE glory to those who return to You. Our pore. enemies stumble at the sound of Your f Mr. REID. The question was asked footsteps. You give strength to the six or seven times last night as we were RECOGNITION OF THE MAJORITY leaving. Tuesday, when we come back, faint and endurance to the weary. LEADER Arise, O God, and show Yourself strong the leader has indicated there will be a in these grand and awful times. The ACTING PRESIDENT pro tem- vote sometime after 2:30. Those from Reveal Yourself to our Senators that pore. The majority leader is recog- the West are wondering if that might they may find hope in Your might. Re- nized. be closer to 5 o’clock. Has the leader mind them that the battles belong to f made a decision on that? Mr. FRIST. Mr. President, we will You and not to them. Teach each of us SCHEDULE that humanity simply cooperates with have a decision made before we close divinity in accomplishing Your pur- Mr. FRIST. Mr. President, today is down this morning. We are right now poses. the final day prior to the July 4 recess. looking at the schedule. That day we Be exalted, O Lord, among the na- I expect we will be in for a short period will likely be scheduling a judge, which tions until Your kingdom shall reign of morning business to allow Members will require some debate prior to that. wherever the sun in its successive jour- to make statements. However, as we For right now, what we have said is ney returns. May Your kingdom never announced yesterday, there will be no that vote will not occur before 2:30, end. rollcall votes today. Tuesday, July 6. We will modify that Amen. In addition, today is the final day to based on discussions. submit statements for the RECORD re- Mr. REID. On our side, the Demo- f garding the passing of our former cratic leader has indicated he will hold President, Ronald Reagan. Again, these the regular caucus on Tuesday. Do you PLEDGE OF ALLEGIANCE statements will be included in a book plan to do the same thing? The Honorable ROBERT F. BENNETT containing all of the tributes and serv- Mr. FRIST. Mr. President, that is led the Pledge of Allegiance, as follows: ices of 2 weeks ago. correct. We have announced to our cau- I pledge allegiance to the Flag of the This past week has been a chal- cus, as well, we will hold our policy United States of America, and to the Repub- lenging week, but as we discussed yes- lunches, our caucus lunches, on Tues- lic for which it stands, one nation under God, terday in the Senate, it was a satis- day. Tuesday will be a full day. We will indivisible, with liberty and justice for all. fying week in that we have been able to be coming in Tuesday morning, in all complete two very important pieces of likelihood, at 9:30 Tuesday morning. It f legislation, the Defense authorization will be a full and hopefully very pro- and the Defense appropriations bills. ductive day. APPOINTMENT OF ACTING Today we still expect to clear for That week we are going to class ac- PRESIDENT PRO TEMPORE confirmation many of the pending am- tion which we agreed to. Hopefully we The PRESIDING OFFICER. The bassadorial nominations. I will be con- will have one judge and go straight to clerk will please read a communication sulting with the Democratic leadership class action. We will spend next week to the Senate from the President pro again this morning on these important on class action. With so few legislative tempore (Mr. STEVENS). diplomatic posts. We hope to have that days when we come back after the re- The legislative clerk read the fol- confirmed prior to our adjournment. I cess—we have a total of 3 weeks, but lowing letter: will have more to say as to the sched- we are not going to have that first

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

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VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.000 S25PT1 S7506 CONGRESSIONAL RECORD — SENATE June 25, 2004

Monday—we have a lot to do in that 23⁄4 I am going to keep mentioning this I have heard from National Guard week session. Therefore, we will have issue on the floor at every opportunity members who face losing their health to be pushing hard on Tuesday, because we have a chance to reverse coverage once their Iraq deployment Wednesday, Thursday, and Friday of this travesty. We are going to do that. ends. And I have heard from citizens that week. Every opportunity we have as public from all walks of life who can’t afford f officials, in interacting with the inter- the high cost of insurance, and who national community, we need to con- live in constant fear that an illness or DARFUR tinue to put pressure on the govern- an injury could throw them and their Mr. FRIST. Mr. President, I men- ment of Khartoum to recognize the families into bankruptcy. tioned last night the importance of travesty, the devastation that is going It’s no mystery what is happening. this African Growth and Opportunity on in that country. Americans are being caught in the un- Act which we passed last night. In my Mr. President, I suggest the absence dertow of historic increases in the cost comments, I also mentioned a restate- of a quorum. of health care. ment of my earlier comments in the The ACTING PRESIDENT pro tem- Millions have lost their insurance. day, a restatement of what has been pore. The clerk will call the roll. Tens of millions more know that they said again and again on the floor. That The legislative clerk proceeded to are just one layoff, or one illness, away is that we as a country and we as a call the roll. from a life of poverty and poor health. world community need to focus atten- Mr. DASCHLE. Mr. President, I ask In this election year, as with every tion on the Darfur region of Africa, of unanimous consent the order for the election year, Americans are asking the Sudan in Africa. quorum call be rescinded. themselves, ‘‘Am I better off than I was Africa is a huge continent and a lot The ACTING PRESIDENT pro tem- 4 years ago?’’ of people do not realize how big Sudan pore. Without objection, it is so or- With the cost of doctors’ visits, pre- is. It is huge. When we say Darfur re- dered. scription drugs, and monthly insurance gion, the Darfur region is the western The Democratic leader is recognized. premiums moving farther out of reach, part of the Sudan. If you look at the f the answer for most of us is clearly no. continent, it is almost in the middle of America is enduring a health care ARE AMERICANS BETTER OFF the continent of Africa. The Darfur re- crisis that is deepening with each pass- WITH REGARD TO HEALTH CARE? gion is huge. It is about the size of ing month. And after four years of in- Texas. Mr. DASCHLE. Mr. President, on a attention from the White House, it is Over the last year and a half, because recent visit to South Dakota, I met a clear that when it comes to health it started as a civil war, militias fight- couple that impressed me a great deal. care, as a nation, we are significantly ing, government supporting the mili- Their names are Lowell and Pauline worse off than we were just four years tias there, we have 2 million people in Larson. ago. this region of Darfur, the size of Texas, Throughout their life together, Low- The scope of this crisis is staggering. who have been affected, 1.2 million peo- ell and Pauline farmed 160 acres just Since 2001, the amount workers are ple displaced, driven away from their outside of Chester, SD. After a lifetime paying for their family coverage has homes, driven away from the land they of hard work, they were looking for- increased by 50 percent, and the aver- might farm or, if they are herders, that ward to a well-earned retirement to- age premium for family health care is they might herd animals on, families gether. now above $9,000 per year. Prescription destroyed. A lot of people are fleeing But 2 years ago, Pauline suffered a drug costs rose at four times the rate west to, Chad, 30 or 40 kilometers stroke. Before the Larsons knew it, of inflation last year alone. away, to refugee camps. There are they had incurred $40,000 in medical Both businesses and workers are feel- about a million displaced inside the bills. Even though they had insurance, ing the squeeze. And, as a result, we Darfur region but away from their it only covered $75 a day of Pauline’s have seen unprecedented increases in homes, away, many times, from their hospital costs. So Lowell did the only the number of uninsured. families and any chance of livelihood. thing he could. He sold all his farm Each month since January 2001, an The rainy season has begun there. It equipment and his cattle to pay the average of 100,000 Americans have lost began a few weeks ago and will con- bills. their health insurance. Today, 44 mil- tinue. As the rainy season continues, All they are left with is the deed to lion Americans have no health insur- conditions get worse and worse. Roads their farm, and if Pauline suffers an- ance whatsoever. The problem is even at that point cannot be traversed so we other stroke, or if the MS she has been worse among minority communities. cannot get enough food going in. There battling for the past 15 years gets One in six Asian and Pacific Americans is very little in the way of health sup- worse, the Larsons know they may lacks insurance. For African Ameri- plies going in. We need to bring atten- have to sell their farm. cans, it is one in five. For Latino tion to that part of the world. The I wish I could say that the Larsons’ Americans, it is one in three. world needs to shine a spotlight on it. story came as a surprise to me, but it As startling as these numbers are, I was delighted Secretary Powell an- did not. they do not include the tens of millions nounced yesterday he will be going to For the past 4 years, stories like the more who shuttle on and off the insur- that part of the world. I understand Larsons’ have become commonplace. ance rolls depending on unpredictable Secretary General Kofi Annan also will I’ve heard from businesses that have work schedules. be going to that part of the world, to been forced to cut back on benefits or Nearly 82 million people lacked in- bring increased attention on behalf of lay off workers in order to pay for esca- surance at some point in the last 2 the Congress, with 200,000 people dead lating insurance premiums. years. from what is happening there. They are I have heard from retirees who have The impact of losing health insur- dying. seen their life savings evaporate due to ance can be catastrophic—for unin- Statistically, they are dying from the skyrocketing cost of prescription sured individuals, for families, and for disease: respiratory disease, water- drugs. our Nation as a whole. According to borne disease, diarrheal disease, ma- I have heard from families forced to the National Institute of Medicine, laria, and a little bit of measles. Now, sell the businesses or farms that have children and adults without health in- with the fighting, it may well be that sustained their families for genera- surance are less likely to receive pre- the No. 1 cause of death there is the ac- tions, because a child got sick and in- ventive care and early diagnosis of ill- tual fighting. surance just wouldn’t pay for it. nesses. They live sicker and die young- Right now we are not able to get in I have heard from veterans who have er than those with insurance. sufficient aid. Aid and support is being been forced off the rolls of the VA and Eighteen thousand Americans die restricted by the government in Khar- have nowhere else to turn for care. prematurely each year because they toum. There is plenty of aid. The world I have heard from Native Americans lack health insurance. community is ready to go in there, but forced to undergo a literal ‘‘life or Families suffer emotionally and fi- right now there is a restriction by the limb’’ test to receive care at Indian nancially when even one member is un- government. Health Service facilities. insured. Communities suffer as the cost

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.003 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7507 of uncompensated care is shifted onto would increase premiums for 80 percent own noteworthy and very successful doctors, hospitals, and taxpayers. of employees of small businesses. The foreign policy doctrine, the Reagan And our Nation pays a steep eco- administration’s band-aid approach to Doctrine, involving the confrontation nomic cost. The Institute of Medicine our health care crisis won’t work. It is with communism that led to its ulti- estimates that lack of health insurance the wrong treatment, and its cost mate demise. President Reagan is to be costs America between $65 billion and would preclude us from affording the credited and given great praise for it. $130 billion a year in lost productivity right one. But President Reagan had another and other costs. The results of the administration’s doctrine I want to speak about today, Making the high cost and growing in- so-called solutions can be seen each the Reagan Cultural Doctrine, which I equities even more troubling is that on month as more Americans lose their think it would be fitting for us to ac- the whole, we seem to be getting less insurance or feel themselves pushed knowledge and press forward to its suc- for our health care dollar than we closer to the point where the cost of cessful completion. should be. coverage is too large a burden to bear. President Reagan respected each and The World Health Organization re- As a nation, we are not better off every human life at whatever stage of cently reported that Americans pay than we were four years ago. We are that life and wherever it was located. twice as much per capita for health as losing ground. We can do better. But to This was a unifying theme that lay be- hind some of his most significant pol- the average industrialized nation. We do so will demand a change in direc- icy choices and movements. It led him pay a third more than the next-highest tion. We need to reject the notion that to insist that the Soviet empire was country. But despite the high costs, we we are helpless to control health care evil and to demand of the new Soviet are not getting any bang for our buck. costs. Among industrialized nations, Amer- leaders that they ‘‘tear down this We need to reject the notion that wall.’’ icans’ life expectancy is only 24th, and with a little tinkering around the It was what led him to note that we have one of the highest infant mor- edges, our health care system can offer ‘‘until and unless someone can estab- tality rates in the world. the kind of care every American de- lish the unborn child is not a living We may pay twice as much, but we serves. Most of all, we need to reject human being, then that child is already don’t even get in the top 20 when it the notion that the primary purpose of protected by the Constitution which comes to mortality or life expectancy. our health care system is to provide guarantees life, liberty, and the pursuit The results of the past few years beg profits for health care companies and of happiness to all of us.’’ the question, ‘‘How can we be paying the drug industry. That is a direct Reagan quote. the highest costs and getting so mea- That is wrong. That is the thinking Toward the end of his Presidency on ger a return.’’ In short, where is all the that brought us to the point where January 14, 1988, President Reagan money going? Who is better off today? families such as the Larsons are forced took the opportunity to clearly articu- A recent article in the Economist of- to turn over the proceeds of their life’s late the Reagan cultural doctrine, a fered one answer. work, just to pay the bill for treating a very simple yet profound Presidential Noting that profit margins for health single illness. Declaration. President Reagan pro- insurers are as high as they have ever There are better answers, and work- claimed and declared ‘‘the inalienable been, the article notes: ing together we can find them. We can personhood of every American from the Since [2000], the prices of many [health in- find ways to ensure that every Amer- moment of conception until natural surers’ stocks] have quadrupled. And if ican is able to see a doctor when he or death.’’ shareholders have done well, executives have she is sick. We do not have to be the I ask unanimous consent that a copy been more than amply rewarded. . . . only major industrialized nation in the of President Reagan’s January 14, 1988 One CEO earned $30 million in pay in world that fails to guarantee health Presidential declaration on the inalien- 2003 and exercised $84 million in stock care for all its citizens. able personhood of the unborn be print- options from earlier years. This left We can do better, and none of us ed in the RECORD. him with options worth $840 million at should rest until we do. There being no objection, the mate- the company’s current share price. His I yield the floor. rial was ordered to be printed in the second-in-command earned $13.7 mil- I suggest the absence of a quorum. RECORD, as follows: lion in compensation and holds options The ACTING PRESIDENT pro tem- PROCLAMATION 5761 OF JANUARY 14, 1988 worth $350 million. Another CEO of a pore. The clerk will call the roll. NATIONAL SANCTITY OF HUMAN LIFE DAY, 1988 leading insurer earned $16 million; yet The assistant legislative clerk pro- (By the President of the United States of another, $51 million; and still another, ceeded to call the roll. America) $27 million. Mr. BROWNBACK. Mr. President, I America has given a great gift to the world, a gift that drew upon the accumulated While insurers and their executives ask unanimous consent that the order are reaping billions, and Americans are wisdom derived from centuries of experi- for the quorum call be rescinded. ments in self-government, a gift that has ir- fearing that their benefits will be the The ACTING PRESIDENT pro tem- revocably changed humanity’s future. Our next to be sacrificed for the sake of pore. Without objection, it is so or- gift is twofold: the declaration, as a cardinal even higher profits, the administration dered. principle of all just law, of the God-given, has done nothing to rein in the cost of unalienable rights possessed by every human f health care. In fact, in the recently en- being; and the example of our determination acted Medicare bill, the administration MORNING BUSINESS to secure those rights and to defend them included tens of billions of dollars in against every challenge through the genera- The ACTING PRESIDENT pro tem- tions. Our declaration and defense of our giveaways to HMOs, not to mention pore. Under the previous order, there rights have made us and kept us free and the windfall created for prescription will now be a period for the transaction have sent a tide of hope and inspiration drug companies. of morning business, with Senators around the globe. The proposals the administration has permitted to speak therein for up to 10 One of those unalienable rights, as the offered would extend coverage only to a minutes each. Declaration of Independence affirms so elo- small fraction of Americans who lack quently, is the right to life. In the 15 years The Senator from Kansas is recog- since the Supreme Court’s decision in Roe v. insurance today. Often, their solutions nized. Wade, however, America’s unborn have been extend meager coverage to a small f denied their right to life. Among the tragic number of vulnerable Americans at the and unspeakable results in the past decade expense of a larger group. THE REAGAN CULTURAL and a half have been the loss of life of 22 mil- For instance, according to the Con- DOCTRINE lion infants before birth; the pressure and gressional Budget Office, the Presi- Mr. BROWNBACK. Mr. President, I anguish of countless women and girls who dent’s plan to create ‘‘association rise today to speak on a topic called are driven to abortion; and a cheapening of health plans’’ would decrease the num- the Reagan Cultural Doctrine. our respect for the human person and the sanctity of human life. ber of uninsured Americans by only Presidents are noted for foreign pol- We are told that we may not interfere with about 600,000 people. Six hundred thou- icy doctrines which they articulate and abortion. We are told that we may not ‘‘im- sand out of nearly 44 million. But it put forward. President Reagan had his pose our morality’’ on those who wish to

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.014 S25PT1 S7508 CONGRESSIONAL RECORD — SENATE June 25, 2004 allow or participate in the taking of the life synonymous with the culture of life. proponents of human embryonic stem-cell of infants before birth; yet no one calls it President Reagan’s commitment to the research began to suggest that such ethi- ‘‘imposing morality’’ to prohibit the taking culture of life was evident from the cally questionable scientific work should be of life after people are born. We are told as promoted under his name. But this cannot first days of his Presidency. honestly be done without ignoring President well that there exists a ‘‘right’’ to end the In recent days, some have implicitly lives of unborn children; yet no one can ex- Reagan’s own words and actions. plain how such a right can exist in stark questioned President Reagan’s com- Ronald Reagan’s record reveals that no contradiction of each person’s fundamental mitment to the inalienable personhood issue was of greater importance to him than right to life. of every American by suggesting that the dignity and sanctity of all human life. That right to life belongs equally to babies destructive embryonic stem cell re- ‘‘My administration is dedicated to the pres- in the womb, babies born handicapped, and search should be conducted in Presi- ervation of America as a free land,’’ he said the elderly or infirm. That we have killed in 1983. ‘‘And there is no cause more impor- dent Reagan’s name. And here we are tant for preserving that freedom than affirm- the unborn for 15 years does not nullify this not talking about adult stem cell re- right, nor could any number of killings ever ing the transcendent right to life of all do so. The unalienable right to life is found search or umbilical cord blood which human beings, the right without which no not only in the Declaration of Independence are supported by virtually everybody other rights have any meaning.’’ One of the but also in the Constitution that every and are producing true results—here things he regretted most at the completion President is sworn to preserve, protect, and we are talking strictly about destruc- of his presidency in 1989, he told me, was defend. Both the Fifth and Fourteenth tive embryonic stem cell research that politics and circumstances had pre- Amendments guarantee that no person shall which results in the death of a young vented him from making more progress in be deprived of life without due process of restoring protection for unborn human life. human embryo after its conception. Still, he did what he could. To criticize the law. To suggest that this should be con- All medical and scientific evidence increas- Roe v. Wade decision on its 10th anniversary ducted in President Reagan’s name is a in 1983, he published his famous essay ‘‘Abor- ingly affirms that children before birth share tion and the Conscience of the Nation’’ in all the basic attributes of human person- completely contrary view of the The Human Life Review. ‘‘We cannot dimin- ality—that they in fact are persons. Modern Reagan Cultural Doctrine. It is a mis- ish the value of one category of human life— medicine treats unborn children as patients. appropriation of President Reagan’s the unborn—without diminishing the value Yet, as the Supreme Court itself has noted, legacy, and it is damaging to the cul- of all human life,’’ he wrote. He went on to the decision in Roe v. Wade rested upon an ture of life that President Reagan was emphasize ‘‘the truth of human dignity earlier state of medical technology. The law so steadfast in defending. It is an as- under God’’ and ‘‘respect for the sacred value of the land in 1988 should recognize all of the sault on the Reagan Cultural Doctrine. of human life.’’ Because modern science has medical evidence. As former Reagan National Security revealed the wonder of human development, Our Nation cannot continue down the path and modern medicine treats ‘‘the developing of abortion, so radically at odds with our his- Adviser and Interior Secretary William human as a patient,’’ he declared, ‘‘the real tory, our heritage, and our concepts of jus- Clark noted in the New York Times re- cently, question today is not when human life be- tice. This sacred legacy, and the well-being gins, but, What is the value of human life?’’ and the future of our country, demand that Ronald Reagan’s record reveals that no In that essay, he expressly encouraged con- protection of the innocents must be guaran- issue was of greater importance to him than tinued support for the ‘‘Sanctity of life teed and that the personhood of the unborn the dignity and sanctity of all human life. ethic’’ and rejection of the ‘‘quality of life be declared and defended throughout the ‘‘My administration is dedicated to the pres- ethic.’’ Writing about the value of all human land. In legislation introduced at my request ervation of America as a free land,’’ he said life, he quoted the British writer Malcolm in the First Session of the 100th Congress, I in 1983. ‘‘And there is no cause more impor- Muggeridge’s statement that ‘‘however low have asked the Legislative branch to declare tant for preserving that freedom than affirm- it flickers so fiercely burns, it is still a di- the ‘‘humanity of the unborn child and the ing the transcendent right to life of all vine flame which no man dare presume to compelling interest of the several states to human beings, the right without which no put out, be his motives ever so humane and protect the life of each person before birth.’’ other rights have any meaning.’’ One of the enlightened.’’ And in the Roe v. Wade deci- This duty to declare on so fundamental a things he regretted most at the completion sion, he insisted, the Supreme Court ‘‘did not matter falls to the Executive as well. By this of his Presidency in 1989, he told [William explicitly reject the traditional American Proclamation I hereby do so. Clark], was that politics and circumstances idea of intrinsic worth and value in all Now, therefore, I Ronald Reagan, President had prevented him from making more human life; it simply dodged the issue.’’ of the United States of America, by virtue of progress in restoring protection for unborn Likewise, in his famous ‘‘Evil Empire’’ the authority vested in me by the Constitu- human life. speech of March 1983—which most recall as tion and laws of the United States, do hereby Continuing in his New York Times solely an indictment of the Soviet Union— proclaim and declare the unalienable piece, Clark then addressed Reagan’s Ronald Reagan spoke strongly against the personhood of every American, from the mo- denigration of innocent human life. ‘‘Abor- ment of conception until natural death, and early efforts to protect innocent tion on demand now takes the lives of up to I do proclaim, ordain, and declare that I will human life through halting Federal ef- one and half million unborn children a take care that the Constitution and laws of forts on destructive research involving year,’’ he said. ‘‘Unless and until it can be the United States are faithfully executed for human embryos. Here we find that proven that the unborn child is not a living the protection of America’s unborn children. President Reagan himself pushed to entity, then its right to life, liberty, and the Upon this act, sincerely believed to be an act stop destructive human embryonic re- pursuit of happiness must be protected.’’ of justice, warranted by the Constitution, I search. His actions were as clear as his words. He invoke the considerate judgment of mankind Clark says: supported the Human Life Amendment, and the gracious favor of Almighty God. I which would have inscribed in the Constitu- Reagan consistently opposed federal sup- also proclaim Sunday, January 17, 1988, as tion ‘‘the paramount right to life is vested in port for the destruction of innocent human National Sanctity of Human Life Day. I call each human being from the moment of fer- life. After the charter expired for the Depart- upon the citizens of this blessed land to tilization without regard to age, health or ment of Health, Education and Welfare’s eth- gather on that day in their homes and places condition of dependency.’’ And he favored ical advisory board—which in the 1970s sup- of worship to give thanks for the gift of life bills in Congress that would have given every ported destructive research on human em- they enjoy and to reaffirm their commit- human being—at all stages of development— bryos—he began a de facto ban on federal fi- ment to the dignity of every human being protection as a person under the 14th nancing of embryo research that he held to and the sanctity of every human life. Amendment. throughout his presidency. In witness whereof, I have hereunto set my Aside from the moral principle, President hand this 14th day of January, in the year of I ask unanimous consent a copy of Reagan would also have questioned picking our Lord nineteen hundred and eighty-eight, William Clark’s June 11, 2004, New the people’s pocket to support commercial and of the Independence of the United States York Times op-ed piece titled ‘‘For research. He understood the significance of of America the two hundred and twelfth. putting the imprimatur of the nation, Reagan, All Life Was Sacred,’’ be print- through public financing, behind question- RONALD REAGAN. ed in the RECORD. able research. Mr. BROWNBACK. Mr. President, our There being no objection, the mate- He consistently opposed federal support for Nation cannot be the ‘‘shining city rial was ordered to be printed in the the destruction of innocent human life. After upon the hill’’ without the respect and RECORD, as follows: the charter expired for the Department of recognition of the inalienable [From the New York Times, June 11, 2004] Health, Education and Welfare’s ethical ad- visory board—which in the 1970’s supported personhood of every American from the FOR REAGAN, ALL LIFE WAS SACRED destructive research on human embryos—he moment of conception until natural (By William P. Clark) began a de facto ban on federal financing of death. Reagan realized and declared PASO ROBLES, CALIF.—Ronald Reagan had embryo research that he held to throughout this. The Reagan Cultural Doctrine is not passed from this life for 48 hours before his presidency.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.004 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7509 As for today’s debate, as a defender of free Deaver noted the President’s zeal in Your recent letter published in the sum- people and free markets, he would have the section of his book dedicated to the mer issue of the Human Life Review came to asked the marketplace question: if human March 30, 1981, assassination attempt my attention. I want you to know that I was embryonic research is so clearly promising on President Reagan. This was in ref- deeply impressed by what you wrote and by as the researchers assert, why aren’t private the obvious commitment you and your fam- investors putting money into it, as they are erence to a meeting soon after with the ily have made to respond to the affliction of in adult stem cell research? late Cardinal Terrence Cooke of New a handicapped child with affection and cour- Mr. Reagan’s suffering under Alzheimer’s York. Deaver overheard the President’s age. disease was tragic, and we should do every- final words of this meeting with Car- I strongly believe that protection of these thing we can that is ethically proper to help dinal Cooke. Reagan said this: children is a natural and fundamental part of others afflicted with it. But I have no doubt I have decided that whatever time I may the duty government has to protect the in- nocent and to guarantee that the civil rights that he would have urged our nation to look have left, is left for Him. of all are respected. This duty is a special to adult stem cell reserach—which has yield- ‘‘Him,’’ referring to God. Anyone who ed many clinical successes—and away from order when the rights involved are the right the destruction of developing human lives, knew Reagan has to acknowledge that to life itself. . . . which has yielded none. Those who would this statement was from the heart. It After learning of President Reagan’s trade on Ronald Reagan’s legacy should first summed up his subsequent involvement interest in their pro-life publication consider his own words. in the great moral issues of the day. through this letter, Jim McFadden of Mr. BROWNBACK. Mr. President, I Deaver concludes this section with the Human Life Review invited the mean no disrespect to anyone in ad- his own thoughts after the death of President to write an essay for publica- dressing this important issue, but we Cardinal Cooke: tion in the journal. The President are talking about innocent young When Reagan was told of his friend’s obliged, and thus his famous ‘‘Abortion human life. Someone must speak for death, the president’s words from their ear- and the Conscience of the Nation’’ was those who have no voice and for the lier meeting echoed in my mind. ‘‘Whatever published in 1983. In this essay, Presi- time I may have left is left for Him.’’ I would great pro-life legacy of President never forget his promise, and I would see him dent Reagan made some profound Reagan now that he is no longer with deliver on it time and time again. statements laying the groundwork for us. President Reagan’s interest in life the Reagan cultural doctrine. A copy of this essay may be found on I would like to share the stories and issues was not just convenient political the Human Life Review website at memories of some of the Reagan revo- positioning either. He actively wrestled http://www.humanlifereview.com/ lutionaries who were privileged to with this issue. I will read a passage reagan/reaganlconscience.html. interact with the President on this par- from ‘‘What I Saw at the Revolution,’’ ticular vital issue. Mr. BROWNBACK. In the essay, political memoir of Reagan’s speech President Reagan lays out the great Just 2 days after his January 20, 1981, writer Peggy Noonan. inauguration as President of the cultural issues surrounding abortion. Look at him on abortion. It took courage In one place, he notes: United States, Ronald Reagan made his to oppose an option that at least 20 million We cannot diminish the value of one cat- personal commitment to pro-life issues Americans had exercised since Roe v. Wade, egory of human life—the unborn—without clear. At a time when hundreds of peo- when the issue isn’t a coalition builder but diminishing the value of all human life. ple were waiting to meet the newly an opposition creator, when the polls are elected President in order to seek posi- against you and the boomers want it and Embryo, fetus, infant, child, and tions in his administration, the Presi- when you’ve already been accused of being adult are categories of human develop- dent made time for an unrelated meet- unsympathetic to women and your own poll- ment, and they are all human life. ing with pro-life leaders in Congress ster is telling you your stand contributes to Whether one is physically healthy or a gender gap. . . . and the nonprofit sector. Senators ill, emotionally healthy or ill, these Richard Schweiker and Jesse Helms Let me continue now further with are categories of human beings, and were present at that meeting, as were the book: thus deserve protection. We should But he puzzled it out on his own, not like heed the words of President Reagan. Representatives HENRY HYDE and Bob a visionary or an intellectual but like a reg- Dornan. All human life, no matter how it is cat- ular person. He read and thought and lis- egorized, should be esteemed and val- This meeting, which was to become tened to people who cared, and he made up an annual policy meeting on the anni- ued. his own mind. And suddenly when they said, In his essay, President Reagan cor- versary of Roe v. Wade, was tremen- ‘‘The argument is over when life begins,’’ he rectly argues that: dously significant. By 1980, the pro-life said, ‘‘Well look, if that’s the argument: If movement had been largely there’s a bag in the gutter and you don’t [A]nyone who doesn’t feel sure whether we are talking about a second human life should marginalized by previous administra- know if what’s in it is alive, you don’t kick it, do you? Well, no, you don’t. clearly give life the benefit of the doubt. If tions. But President Reagan’s willing- you don’t know whether a body is alive or ness to hold these meetings and to an- He held to his stand against his own dead, you would never bury it. I think this nually address the March for Life political interests (where were the consideration itself should be enough for all meeting by phone took the pro-life anti-abortion people going to go?) and of us to insist on protecting the unborn. movement into the mainstream. against the wishes of his family and This, again, a direct quote from One participant in that first meeting friends. Nancy wasn’t anti-abortion, President Reagan on the Reagan Cul- noted that the President’s personal the kids weren’t anti-abortion, and tural Doctrine. conviction on the right to life for un- people like the Bloomingdales and his Then the President turns to discuss born children was obvious. The partici- friends in Beverly Hills—they did not the real issue of the day. The President pant said: get where they are through an overfas- commented: President Reagan’s deep commitment to tidious concern for the helpless. He was The real question today is not when human pro-life issues was very evident when he the only one of his group who cared. life begins, but, What is the value of human spoke of viewing an inutero sonogram while A lengthy quote from Peggy Noonan. life? he was Governor of California. It was moving President Reagan did care deeply That question remains today. to watch him speak. Clearly, he understood about the sanctity of life, and we know When President Reagan said, and the life issue; it could be seen in his body that he was actively engaged on this those of us in the pro-life movement language. issue. One example of this was Presi- say, that human life begins at concep- The quote continues: dent Reagan’s interest in the pro-life tion, we are speaking about biology, There we were, two days after his inau- journal, the Human Life Review. We not ideology or belief. guration. He didn’t have to meet with us or know the President read this journal I am concerned that there may be do anything. Yet, he turned our 15 minute because he actually wrote a letter re- some confusion on this point today, meeting into a 45 minute meeting. sponding to the heroic mother of a perhaps as a result of misinformation President Reagan truly had great child with spina bifida who had written being disseminated by those who favor zeal for pro-life causes. I share in the a letter that was published in the jour- destructive research on the youngest sentiment made by long-time Reagan nal in the summer of 1982 edition. forms of human life. aide Michael Deaver, who made this In his letter to the mother the Presi- A human embryo, an unborn child, or observation in his political memoirs. dent wrote: human fetus is, biologically speaking,

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.005 S25PT1 S7510 CONGRESSIONAL RECORD — SENATE June 25, 2004 a young human life. To assert that it is is no cause more important for preserving On January 14, 1988, President not a life or that it is so-called poten- that freedom than affirming the tran- Reagan declared a new doctrine: the tial life is not a scientific statement. scendent right to life of all human beings, Reagan Cultural Doctrine. This doc- To assert a human embryo is not a the right without which no other rights have trine is not about foreign policy; it is any meaning. human life is a belief not supported by about something that especially de- the facts, much in the same way that ‘‘Abortion and the Conscience of a fines us as a people. This doctrine to say the Sun revolves around the Nation’’ was written by a man who was speaks volumes, in the sense that it Earth is a belief not supported by the fully committed to the unalienable makes clear who we are and what we facts. right to life from the moment of con- stand for as a people. It reaffirms the Science is about the pursuit of truth ception. And that man was President Declaration of Independence and the in the service of mankind. Science tells Reagan. founding values that have been the However, President Reagan did not us that the unborn child, from the mo- source of America’s greatness. stop at ‘‘Abortion and the Conscience ment of conception, is a human life. It is my hope President Bush will re- of a Nation.’’ He had to withstand That is why, in the debate over em- issue the Reagan Cultural Doctrine on much political pressure to maintain his bryonic stem cell research, I continue ‘‘the unalienable personhood of every stance in defense of life. to assert we must address the funda- American, from the moment of concep- A Reagan aide recalled the Presi- mental question of law: Is the young tion until natural death,’’ and that the dent’s 1987 meeting with leaders of the human embryo a person or a piece of Congress will reaffirm the Declaration pro-life movement. He wrote: property? of Independence and the Constitution Our country has gotten this issue In January 1987 the subject of parental by passing laws that will guarantee the consent for abortion came up as the groups wrong before—notably, the 1857 Dred met with the President in the Roosevelt right to life to every American con- Scott case—but our system gives us an Room. As you know, Ronald Reagan was a ceived within the boundaries of this opportunity to rectify past wrongs. I prodigious letter writer during all phases of life-loving and freedom-loving land. suggest we base our laws on what his life and career, but he was also a pro- That is the Reagan Cultural Doctrine. science tells us, which is that the digious letter reader and keeper. If a letter’s Madam President, I yield the floor young human embryo is indeed a contents appealed to him or struck a chord, and suggest the absence of a quorum. human life. he would keep it, use it in speeches, quote it The PRESIDING OFFICER (Mrs. to the media, etc. The letter he received Anybody watching now was, at one DOLE). The clerk will call the roll. point in time, a young human embryo. from the young boy asking him if he was going to do his speech to the Congress ‘‘in The assistant legislative clerk pro- And if you were destroyed then, your his pajamas’’ after his recovery from the as- ceeded to call the roll. life would not exist today. Those are sassination attempt was one such example. Mr. FRIST. Madam President, I ask the facts. Ronald Reagan loved to read samples of mail unanimous consent that the order for Unfortunately, not everyone in this from the American people and called Anne the quorum call be rescinded. debate is looking at biology. But once Higgins to ask for it on Fridays if for some The PRESIDING OFFICER. Without both sides acknowledge the scientific reason it was later than usual in getting to objection, it is so ordered. him. Meeting with the pro-life leaders that truth, that the young human embryo f or unborn child is a human life, then January day, he pulled from his left-hand jacket side pocket and read a letter he said SENATE ACCOMPLISHMENTS we can start to address what Reagan he had held onto for many years. It was from posited as the real question: ‘‘What is a California mother who had written to him Mr. FRIST. Madam President, the the value of a human life?’’ about the parental consent issue when he Senate has been busy over the past 4 In ‘‘Abortion and the Conscience of a was governor in the early 1970’s. weeks. I thought I would take a few Nation,’’ President Reagan lamented Ronald Reagan read the letter to the en- moments to look back and then look the case of Baby Doe, who was legally tire group. The mother described her own ahead a bit. starved to death because he was men- family and the daughters she had raised, the The Memorial Day recess seems like tally handicapped. In more recent sweat she had expended, the clothes she had a long time ago because so much has washed and folded, the hurt knees she had been shaped by us—referring to the times, we have the case of Terri bandaged, etc. She wrote that now the oppo- Schiavo, who was saved from starva- nents of parental consent for abortion were progress we have made in the last sev- tion. In that case, the American public, telling her that they had a right to perform eral days in particular—and shaped by along with Florida Governor Jeb Bush, surgery on those daughters without so much the other external events, a steady let their voices be heard that life is as letting her know. ‘‘Who do they think stream of national and world-changing worth living. Those voices proclaimed they are?’’ went her refrain. events. that life—even if not the ‘‘quality of The letter went on in this vein with other To begin, I will start with two nights examples of the worries and stresses of lov- life’’ many would deem acceptable— ago when, on Wednesday night, we ing parenthood, and the abrupt dismissal of passed the Defense Authorization Act still has incredible value. The value of that sacrifice by the [abortion providers] every human life must be defended who think they know better when a child for 2005; and late last night, not that without exception. gets in trouble. Ronald Reagan read the let- long ago, we passed the Defense Appro- To deny that a human embryo is a ter through, folded it and put it back in his priations Act of 2005. It is appropriate human life is to disregard what science pocket, and said softly, ‘‘Who do they think to look at those two bills together be- tells us. It is to live willfully in igno- they are?’’ You could have heard a pin drop. cause both focus on supporting our rance. The record could hardly be clearer. troops, supporting our U.S. Govern- In addressing his critics through the President Ronald Reagan vigorously ment in its war on terror. essay, President Reagan wrote: worked to promote a culture of life, We had 4 weeks of impassioned de- Obviously, some uninfluential people want which included consistent opposition bate on the floor of the Senate, and at to deny that every human life has intrinsic, to destructive research on human em- the end of those 4 weeks we completed sacred worth. They insist that a member of bryos. It was and it remains the two very important pieces of legisla- the human race must have certain qualities Reagan Cultural Doctrine. Witness tion which very clearly augment the before they accord him or her status as a after witness affirms this. It is impor- support for our troops that are sta- ‘‘human being.’’ . . . Every legislator, every tant that the great moral stance Presi- tioned throughout the world and also doctor, and every citizen needs to recognize that the real issue is whether to affirm and dent Reagan took be reaffirmed and reflect our profound commitment to protect the sanctity of all human life, or to boldly declared. the defense of the United States of embrace a social ethic where some human When we think of the great Presi- America, the defense of the citizens, lives are valued and others are not. As a na- dential doctrines of the past, we think the people, and the principles we stand tion, we must choose between the sanctity of immediately of the foreign policy doc- for in this great country. life ethic and the ‘‘quality of life’’ ethic. trines of Presidents Monroe and Tru- But we are at war. We see it daily; President Reagan concluded his essay man—and, yes, Ronald Reagan. These terrorists strike daily. It is these two with these words: doctrines have been and continue to be pieces of legislation that focus around My administration is dedicated to the pres- significant in defining American inter- support in this war on terror and in the ervation of America as a free land, and there ests. defense of this country that we see our

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.033 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7511 efforts really come alive. They provide ative government. It is important that The test is here, though. This test of our troops with the resources they it is an Iraqi face that is telling the the turnover to sovereignty is before need to succeed in this noble mission real story to the Iraqi people. Accord- the Iraqi people. The Iraqis will face both here at home and abroad. ing to the Prime Minister, the people their first true test of sovereignty, and The last several weeks were meaning- are responding. it is absolutely imperative that our ful for me because this whole concept As Prime Minister Alawi said to us troops be able to adequately support of supporting our troops came alive when we met in Baghdad, the radical their Iraqi partners when asked to do both last week when I visited the 101st Islamists and Saddamists—the loyal- so. Prime Minister Alawi, as well as Airborne down in Tennessee and Ken- ists to the old Saddam regime—who are President al-Yawar, made it very clear tucky, but also 2 weeks prior to that conducting these attacks despise free- they need the continued support of the when I had the opportunity, with two dom. He said they hate freedom, de- coalition during this turnover of sov- colleagues, Senator BOB BENNETT and spise it. They despise the rule of law. ereignty and in this period of transi- Senator JOHN ENSIGN, to go to Kuwait The terrorists know that if democ- tion, which will be months and maybe and Baghdad in Iraq to visit our troops racy succeeds, they have lost; thus, we years, as they rebuild their own police on the front line. are going to see this increased activity forces and security forces, and that We visited with our troops in Kuwait of terrorism. We will see it, I am sure, just simply takes time. and in Baghdad in clinics. We went to over the next 5 days as we lead up to The Senate this week, by passing visit troops at hospitals. As a physi- the turnover of sovereignty, and it will those two bills—the Defense authoriza- cian, I had the opportunity to talk to likely continue for a period of time, ac- tion bill and the Defense appropria- our physicians and nurses, who are cording to President al-Yawr of Iraq, as tions bill—has acted on behalf of the doing such a tremendous job on the well as the Prime Minister. They say American people to maximally support front line, taking care of people who that is going to be the reality for a our troops, to maximally support this have been injured by the terrorist ac- while. war on terror, and the passage of these tivity. We had lunch with our troops; But despite this terrorist activity— two bills reflects our commitment to we had dinner with our troops. We and this is what I think is important to bring fundamental human rights and spent a lot of time listening to and share—there is much good news. A lot liberties to a ravaged and oppressed re- walking and talking with our troops on of progress has been made in the last gion of the world. That is real progress the front line. We learned a lot. year. Unemployment has been cut to on the floor of the Senate, passage of Given the savagery we wake up to nearly half. Bank deposits are up. those two bills in the last 72 hours. every day and that occurs over the Inflation has been reduced by more Looking again over the last 4 weeks, course of the day, which is reflected in than 50 percent. a second area in which we made real our daily news media with the terrorist Oil production is nine times higher progress is the judicial nominations. activity, before going over and pre- than it was a year ago. Electricity is Since June 1, the Senate has confirmed paring for my trip, I expected that flowing. Forty percent more people 24 judges for positions in the U.S. Fed- when I went, I would find, possibly, a have telephones and are using tele- eral courts. The installation of these demoralized operation that would phones today than during the Saddam new judges is vital to the creation of a threaten to buckle at the next big ter- Hussein era. healthy and efficient Federal court sys- rorist event. I expected to come into More than 1,200 medical clinics and tem, and the United States is fortunate contact with hopeless Iraqis, because over 240 hospitals—all the hospitals— to have judges of such high caliber, su- you don’t see the positive develop- are now up and running and operating preme caliber now eligible to serve on ments in our daily news here. I thought today. the bench. So 24 more judges have been the Iraqis I met would be in despair In the field of education, 2,400 schools confirmed since June 1. with a lack of opportunity. I thought I have been rehabilitated. The Iraqi chil- There has been real progress in a might see that in them in terms of dren are going to school on a daily third field, and that is other nomina- starting a new life or a freer life. Yet basis. tions. Alan Greenspan was confirmed what we saw—and that is why it is so Let me refer back to medicine. Over to another term as Chairman of the important for our elected representa- 85 percent of the children are immu- Federal Reserve, our former colleague, tives to go see this firsthand—is a nized, which is actually higher than Jack Danforth, as our new Ambassador country undergoing a dramatic rebirth. many urban areas in the United States to the United Nations just this week, It is a rebirth fueled by faith and the of America. and John Negroponte as Ambassador to importance of those principles—really So there is a lot of good news that is Iraq. Again, very important nomina- the same principles we celebrated in underway. We are moving in the right tions have been addressed, judicially tribute to Ronald Reagan 2 weeks ago: direction. and in other fields. freedom, liberty, democracy. You can I also wish to mention what is be- In a fourth area, I will mention sev- see it in the Iraqis’ eyes when you have coming increasingly apparent to me, eral measures. One is the Child Nutri- the opportunity to interact with them especially after traveling there, is the tion Act. My colleague from Mis- in a personal way. Democracy, free- $18 billion we appropriated, we sent to sissippi, THAD COCHRAN, did a tremen- dom, and the rule of law are the prin- Iraq to be spent, has not yet been dous job in the Agriculture Committee ciples they come back to with a lot of spent. There are about $8 billion or $9 with the Child Nutrition Act. It has hope and optimism, understanding billion that has not been spent. The not been on the front page that we there are real challenges, which we are rest of it has been allocated but still passed that act. But in this particular seeing every day along the way. not spent. bill is the School Lunch Program, the Prime Minister Alawi, who happens What we are likely to see over the School Breakfast Program, the Sum- to be a physician, a neurologist, which next several weeks or months is accel- mer Feeding Program, and the Women, is a nerve specialist in medicine, we eration in the flow of that money. That Infants and Children, so-called WIC, had the opportunity to meet about 10 money goes into health, education, nutritional program. An interesting days after he had been chosen to be electricity, oil, infrastructure, statistic is that about 50 percent of all Prime Minister. Since that point in microloans in support of the economy, newborns today qualify for the WIC time, almost 3 weeks ago, you have and that infusion of money and re- Program. It is an amazingly high num- begun to see his face on television. He sources will make a difference. It has ber, but it shows the importance and has been speaking and saying to the just flowed too slowly over the last 6 to significance of this program which has Iraqi people that when these terrorists 8 months since we have appropriated it, been extended. strike, it is not striking at the United and now that will accelerate. We are Also, in this particular bill that Sen- States of America, not at the coalition, assured by those people who will be ator COCHRAN led through the Senate but the terrorists are striking and overseeing that money that the system and was passed in the Senate is the ap- hurting the Iraqi people. They are try- is set up to allow that money to flow plication of nutritional standards ing to destroy the faith and belief in much more quickly, which will have a which, as a physician, as one very in- freedom and democracy and represent- more dramatic, even greater, impact. terested in health, especially children’s

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.005 S25PT1 S7512 CONGRESSIONAL RECORD — SENATE June 25, 2004 health and infant’s health, I think is Looking ahead to next month, I have The 1 week I left out of the last 4 very important. announced that the Senate will also de- weeks is the week we spent in tribute In addition, we created the Depart- bate the Federal marriage amendment. to Ronald Reagan, where we recognized ment of Homeland Security head- Certainly this is much anticipated leg- the life and legacy of one of America’s quarters. That is a first. That is at the islation. I expect us to have a com- greatest Presidents. A little over 2 Nebraska Avenue complex. prehensive and defining debate on this weeks ago, we paid our final respects to So we made real progress over the important issue. This issue is central, I President Ronald Wilson Reagan. Over last 4 weeks. We have a lot of work— believe, to understanding our country’s the course of the week, we had the op- much work—to be done in the remain- values and identity. I initiate this portunity to mourn the passing of this ing days of the 108th Congress. As I process—and it is a constitutional great American leader but also to cele- said many times—in fact, I usually process—in the Senate because I be- brate the values for which he stood. open and close with it each day—the lieve elected representatives, not activ- There were countless tributes paid to number of legislative days remaining ist judges, should be the ones who de- President Reagan, his beloved wife in this session is few, rapidly dwin- fine this institution, which reflects the Nancy, and to the entire Reagan fam- dling, and there are a whole range of social fabric of our society. In large ily. All of those tributes helped us cele- issues we must address before Novem- part, it is in response to what activist brate the memory of this optimistic, ber. The Senate must seize this week’s judges have taken upon themselves, bold, and compassionate President. momentum and be focused when we re- and that is to radically redefine what World and national leaders filed convene on July 6. marriage is. It is really in response to through this building, the Nation’s Very briefly, as we look ahead to that that we are going to have this na- Capitol, down the hallway behind me, tional discussion, and it is going to be when the Senate comes back, we will to pay respects as the President lay in right on the Senate floor. return to the consideration of class-ac- state. We had the opportunity to wel- tion reform legislation. It is a very im- In July, the Senate will also act on a trade issue, the U.S.-Australian Free come many of those world and national portant piece of legislation. I had leaders, but what was truly remarkable hoped initially to complete debate on Trade Agreement. This is important legislation. In passing this new legisla- to me was to be able to be in my office this measure before the recess, but I or in the hallway and see the hundreds accommodated concerns of my col- tion, the United States will inject al- most a half billion dollars into our and then the thousands and then the leagues on the other side of the aisle economy. This will continue to drive tens of thousands of ordinary, regular, who support this measure, and we post- our own country’s continuing economic hard-working Americans who came to poned consideration of class action growth. the Nation’s Capital from all around until we get back from the recess. A couple of issues that are down the the country, people who would drive In fact, I should mention, just as a track—they are not there yet, so we hundreds, indeed thousands, of miles. reminder, that this is my third at- need to get all the way down the track People would get on an airplane and ar- tempt as majority leader to bring class if we are going to keep moving Amer- rive at 10 at night to stand in line for action to the floor of the Senate. I ica forward. One is the transportation 4 or 5 hours to pay their respects. moved to proceed to the bill in Octo- bill. That bill is in conference now. It Throughout the week, our shining ber, October 22. The other side of the is a very important bill that has to do Capital City united peoples throughout aisle blocked us proceeding to that with safety on our highways, creation the world, both those who could be piece of legislation. of jobs, economic growth and pros- here, those who watched on television, Secondly, I scheduled long in advance perity in communities that depend those who read the newspapers, and that we would come to class action on upon good highways and good roads to those who heard it on the radio. It June 1, but I was asked by my Demo- facilitate commerce, and the list goes united the American people and the cratic colleagues, the ones who support on. It is a bill that has been passed in world peoples in a way that is very this legislation, to postpone it and do the Senate and in the House. As people rare. Indeed, it is the sense of national not go to it June 1. know, there are significant differences. and global community that embodied Thirdly, I have scheduled it for when My goal is to have those differences the legacy of the 40th President, and we return on July 6. We have to address worked out in the conference and to though we said goodbye to the man, we it at this juncture. We just have so few send a bill to the President of the carry forward his relentless faith in days left in this session that now is the United States that he will sign. those values of freedom and democ- time to address class action, and we To me, the exercise is really—I will racy. will be addressing it when we come not say worthless; it is always impor- Later this afternoon, I will be trav- back. This is my third attempt to bring tant to exercise, but if the President is eling to the NATO Istanbul summit in it to the floor of the Senate. not going to sign the bill, we are sim- Turkey in anticipation of this trip Every day all of us, although we may ply not going to accomplish what we not think about it, as consumers are where international leaders will be want to in jobs, in economic pros- gathering to look ahead and address affected by increased prices due to ei- perity, in safety issues related to our ther exorbitant lawsuits that do not the international climate. Couple that highways. trip, my anticipation of what I will make any sense or just frivolous law- The second issue I will mention is the suits that may be reflected in the cur- find and learn on that trip, with the manufacturing jobs bill on the Senate summary I just gave and the events rent class-action mechanism. floor. The FSC/ETI bill, as some people We set out in a bipartisan way to de- that occurred in the last 4 weeks in refer to it, really just centers on a very this country and on the floor of the velop a very good bill that should have simple concept that we have a Euro Senate, I personally will be celebrating 62 votes or more, an overwhelming ma- tax, a tax that is imposed on the U.S. the Fourth of July with a renewed jority of the Senate. It is a very good businesses right now that is increasing sense and appreciation for and faith in bill that addresses appropriate class ac- 1 percent a month, that this bill ad- the ideals that are represented in the tion reform. I stress, it is bipartisan. dresses. We have passed it in the Sen- United States of America. The bill we are bringing to the Senate ate. The House has passed their bill. floor is a bipartisan bill. I am looking Now it is time for us to go to con- We have a lot of challenging days forward to a healthy and honest debate ference so we can work out the dif- ahead, and we have a lot of exciting and to ultimately pass this sorely ferences and eliminate the impact of days ahead. We will continue honoring needed reform. this Euro tax on America. our country’s great, bold, and storied I do want to thank my Republican So a lot has been accomplished over legacy when the Senate reconvenes on and Democratic colleagues who have the last 4 weeks. I hope we can con- July 6. worked together to fashion the bill tinue this momentum—in fact, we will I suggest the absence of a quorum. that, as I said, at least in conversa- continue this momentum—and come The PRESIDING OFFICER. The tions, the legislation has been written back from the recess with a commit- clerk will call the roll. and has 62 or more votes at this junc- ment to serving America’s best inter- The legislative clerk proceeded to ture. est in a focused way. call the roll.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.008 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7513 Mr. FRIST. Mr. President, I ask responsibility, but those four walls be- A veteran himself, Michel understood unanimous consent that the order for long to you. the need for quality health care for the quorum call be rescinded. I commend habitat for Humanity those who served in the military. He The PRESIDING OFFICER. Without International for their tireless efforts. used his prominent position in the objection, it is so ordered. This past March, I was joined by over a House of Representatives to lead the f dozen members from both sides of the effort to establish a VA clinic in Peo- aisle and both houses of Congress to ria. The clinic he helped to create now HABITAT FOR HUMANITY build a home right here in the Nation’s serves up to 10,000 veterans a year, in INTERNATIONAL capital. as many as 12 counties in central Illi- Mr. FRIST. Mr. President, it was 1976 I encourage my colleagues to partici- nois. The clinic offers a variety of serv- in Americus, GA. Millard Fuller and pate in Habitat builds in their home ices for veterans, including medical his wife Linda had sold their posses- States, as well. It sends the message and mental health services, ophthal- sions, given away their millions and re- that Congress is committed to helping mology, audiology and assistance for dedicated themselves to their Christian organizations like Habitat spread the the homeless. faith. They had decided to express their good work. Representative RAY LAHOOD, who faith by building homes for the poor. This fiscal year, Congress has pro- now holds the Congressional seat pre- They believed, in their words, that: vided $27 million for the Self-Help viously held by Bob Michel, has intro- What the poor need is not charity but cap- Homeownership Opportunity Program. duced companion legislation in the ital, not caseworkers but co-workers. And Also called, ‘‘SHOP,’’ the program re- House. Representative LAHOOD’s bill is what the rich need is a wise, honorable and quires homebuyers to contribute their supported by all House members of the just way of divesting themselves of their Illinois delegation. overabundance. labor to the construction or rehabilita- tion of their soon-to-be, new home. I hope that the Senate will act expe- So they founded Habitat for Human- ditiously in enacting this legislation. ity International to build no-interest, President Bush has requested $65 mil- lion for the next fiscal year to support This bill will serve to honor Robert H. no-profit homes for the poor and home- Michel who served our country through less. the SHOP initiative. Additionally, the 108th Congress his service in the military and Con- Since then, the ecumenical, Chris- gress. tian-based organization has grown to passed, and President Bush signed into serve 89 countries. It has built more law, the ‘‘American Dream Downpay- f than 150,000 houses providing more ment Act of 2003.’’ This new program LOCAL LAW ENFORCEMENT ACT than three quarters of a million people will help 40,000 families a year with OF 2003 their down payment and closing costs. with safe, decent, affordable shelter. Mr. SMITH. Madam President, I rise In the halls of Congress and in com- Millard and Linda Fuller have taken a today to speak about the need for hate munities across America, we care Biblical injunction and turned it into crimes legislation. On May 1, 2003, Sen- about helping our neighbors fulfill the worldwide action. ator KENNEDY and I introduced the American dream. Jack Kemp, former U.S. Secretary of Local Law Enforcement Enhancement Habitat for Humanity International Housing and Urban Development and a Act, a bill that would add new cat- has been at the forefront of the cause. board member of the organization, says egories to current hate crimes law, That is because through their faith that, ‘‘When I’m asked about housing sending a signal that violence of any and compassion, Millard and Linda success stories from our inner cities, kind is unacceptable in our society. the first group that comes to mind is Fuller realized decades ago that the On January 18, 1999, a carload of men Habitat for Humanity.’’ working poor need a hand-up not a in San Francisco, CA, allegedly threw a I tell you all of this, because next hand-out, and that a community is not bottle at and taunted two gay men. month, I have the privilege of joining just something you join, it’s something I believe that Government’s first over two dozen volunteers in my home you build. duty is to defend its citizens, to defend town of Nashville, TN, to help build a f them against the harms that come out Habitat home for Anita Phillips, a sin- HONORING BOB MICHEL of hate. The Local Law Enforcement gle mom of three. Local businesses Enhancement Act is a symbol that can have donated supplies. Anita has taken Mr. DURBIN. Madam President, yes- become substance. I believe that by out a no-interest mortgage. She will be terday I introduced legislation to name passing this legislation and changing working alongside us, hammering nails the Veterans Affairs Clinic in Peoria, current law, we can change hearts and and hauling lumber. Anita calls her IL, the Bob Michel Department of Vet- minds as well. erans Affairs Outpatient Clinic in new Habitat home ‘‘a gift from God.’’ f For nearly three decades, Habitat has honor of former House Minority Leader shared the gift of homeownership with Robert H. Michel. FOCUS HOPE’S MOBILE PARTS thousands around the world. Habitat Bob Michel’s interest in veterans’ af- HOSPITAL helps organize local communities to fairs began when he served in the Mr. LEVIN. Madam President, earlier pitch in and give hard working people Army’s 39th Infantry Regiment, fight- this week the U.S. Army held an like Anita the opportunity to build eq- ing on Normandy Beach during World awards ceremony honoring the Top Ten uity and pride. War II. Wounded by machine gun fire Greatest Inventions of 2003. Looking at In Tennessee, alone, Habitat has 52 during the Battle of the Bulge, he was each of these inventions, one is re- affiliates and serves 61 counties. This discharged from the military as a dis- minded of the technological innova- year, Tennessee will celebrate building abled veteran after earning The Purple tion, ingenuity and entrepreneurial two thousand Habitat homes. Heart, two Bronze Stars, and four Bat- spirit that our Nation is able to har- Social scientists tell us that home- tle Stars. ness in the global war on terror. These ownership is one of the most important Michel began his life of public service are among our Nation’s greatest assets. economic and social investments we in 1957, serving the citizens of the 18th One of the Army’s Top Ten Greatest can make. Owning a home helps fami- District of Illinois in the House of Rep- Inventions of 2003 was the product of lies build financial stability and resentatives. Because of his hard work the U.S. Army Tank Automotive Re- wealth. It helps break the cycle of pov- and dedication to his constituents, he search Development and Engineering erty as families accumulate equity. was elected minority whip and eventu- Center, TARDEC, located in Warren, Homeowners also become stake- ally House minority leader. He was MI. This device, the Squad Automatic holders in their communities. They be- also actively involved in the creation Weapon Pintle Mount Assembly for the come more invested in the civic life of several pieces of legislation that Humvee is a gun mount that has been and health of their neighborhood. Their dealt with veterans’ affairs, including a directly attributed with protecting and children are healthier and do better in resolution that helped to remove obsta- saving the lives of many of our soldiers school. cles to employment of partially dis- who are currently deployed in Iraq. Owning ones’ home also generates a abled persons honorably discharged This gun mount is a novel device sense of pride and belonging. It’s a big from the Armed Forces. that would not have been possible were

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.010 S25PT1 S7514 CONGRESSIONAL RECORD — SENATE June 25, 2004 it not for another technological ad- great service to the Army, and particularly, SOJOURNER TRUTH vance that has been developed by the my guncrew . . . and for that, I thank you!! Mr. LEVIN. Madam President, yes- U.S. Army TARDEC’s National Auto- Others wrote that due to the work of terday, I joined Senator CLINTON and 18 motive Center; Focus: HOPE, a De- the Mobile Parts Hospital they were other Members of the Senate in intro- troit-based non-profit; Alion; the able to get their CH–47 helicopters ducing S. 2600, legislation calling for Cleveland Advanced Manufacturing ‘‘fully mission capable for this task. the revision of the group portrait Project; and several other organiza- We appreciate everything these guys monument, located in the Capitol Ro- tions. have done for us. They have been more tunda, honoring leaders of the Women’s The Mobile Parts Hospital, as its than cooperative and willing to help. Suffrage movement to include the like- name implies, is a field deployable unit They have been very professional, in ness of Sojourner Truth. Our bill has that can rapidly manufacture parts as person, and at their jobs.’’ the support of Senators on both sides they are needed. Utilizing the latest The Mobile Parts Hospital has been of the isle and is an appropriate step manufacturing and computer tech- used to make new parts for many pur- towards honoring Truth’s contribu- nologies, the Mobile Parts Hospital poses and one contractor noted that: tions to eliminating women’s suffrage. team has developed a mobile unit that A colleague saw new tools and asked if the In its current form, the monument can readily travel to any destination. Mobile Parts Hospital ‘‘could manufacture features the sculpted busts of Lucretia By using parts specifications or by re- similar tools. Not only did they agree to, but Mott, Elizabeth Cady Stanton, and verse engineering an actual part, this they also agreed to slightly modify their cur- Susan B. Anthony. As many know, one hospital can make parts as they are rent design to meet . . . requests for modi- corner of the stone is unsculpted and fication of the tools. needed. was clearly intended to include a For the past several years, I have I cannot say enough how appreciative I am of their help, timeliness, and professional de- fourth hero of the suffrage movement. worked to fund research and develop- meanor. They are currently working under a I believe that woman should be So- ment into this program in the hopes heavy load due to the Army’s decision to at- journer Truth and that is why I have that this would one day be able to as- tempt to send only armored Humvee’s to cosponsored this important piece of sist our men and women in uniform. It Iraq. They have been asked to make a VARI- legislation. was hoped that these science and tech- ETY of parts for all manner of devices. As Sojourner Truth, though unable to nology efforts would enable the Mobile for my shop, we are currently inspecting and read or write, was considered one of the Parts Hospital to reduce the need for servicing .50 caliber machine guns (plus oth- most eloquent and noted spokespersons carrying numerous parts into battle. ers) that are being sent to or with the warfighters in Iraq. Being able to save time, of her day. She was a leader in the abo- Earlier this year, that vision became labor, and damage (incurred using the ham- litionist movement, and a reality as the Mobile Parts Hospital mer and punch method), we are able to send groundbreaking speaker on behalf of and its crew team were deployed to the weapons out in a much more timely fash- equality for women. Camp Arifjan, Kuwait. The success of ion. Sojourner Truth was born Isabella the Mobile Parts Hospital far exceeded I want to thank you for having the fore- Baumfree in 1797 in Ulster County, NY, anyone’s expectations. Not only did it sight to send this team of dedicated workers and served as a slave under several dif- create one of the Army’s Ten Greatest and I want to thank the men at the ‘parts ferent masters. She bore four children Inventions for 2003, but it was imme- doctor’ shop.’’ who survived infancy, and all except diately able to begin assisting units in Michigan has a long and proud tradi- one daughter were sold into slavery. need of parts. tion of serving as the ‘‘Arsenal of De- Baumfree became a freed slave in 1828 Earlier this year, my brother, Con- mocracy.’’ The Mobile Parts Hospital when New York State outlawed slav- gressman SANDER LEVIN, was able to is just one of the latest examples of the ery. She remained in New York and in- speak directly with the mobile parts ingenuity and innovation that has en- stituted successful legal proceedings to team in Kuwait from Washington, DC. abled our nation to succeed in past secure the return of her son, Peter, who During that conversation, he learned conflicts and guarantees our success in had been illegally sold to a slave-owner that as soon as the team arrived in Ku- the future. from Alabama. wait, they had soldiers lined up outside Developed in conjunction with Focus: In 1843, Baumfree changed her name the Mobile Part Hospital seeking the HOPE, a non-profit organization com- to Sojourner Truth and dedicated her parts and tools they needed to perform mitted to taking ‘‘intelligent and prac- life to traveling and lecturing. She their duties. tical action to overcome racism, pov- began her migration west in 1850, By all reports, the soldiers came erty and injustice,’’ and the National where she shared the stage with other away impressed with the Mobile Part Automotive Center, the Mobile Parts abolitionist leaders such as Frederick Hospital and grateful for its presence Hospital has been a tremendous suc- Douglass. In October 1856, Truth came in Kuwait. Many soldiers and contrac- cess. Both organizations are to be com- to Battle Creek, MI, with Quaker lead- tors have written to the Mobile Parts mended for their vision and their dedi- er Henry Willis to speak at a Friends of Hospital team thanking them for their cation to developing a practical tool Human Progress meeting. She eventu- work and for the hospital itself. One for assisting our soldiers in combat, ally bought a house and settled in the soldier wrote saying that: and making a lasting contribution to area. Her antislavery, women’s rights, Currently, I am stationed in Iraq and I was our national security. and temperance arguments brought in need of some gun mounts. I made a stop For 35 years, Focus: HOPE has been Battle Creek both regional and na- by Camp Doha to pick up some supplies and helping people develop the skills they tional recognition. Sojourner Truth drive them back up into Iraq. However, my need to succeed professionally. Many of died at her home in Battle Creek, MI, unit is short some gun mounts. I stopped by the candidates at Focus: HOPE, who Kevin Green’s shop and asked him to help me on November 26, 1883, having lived a out. He was very helpful. In fact, he produced are earning their Associate’s or Bach- truly extraordinary life. 4 SAW [Squad Automatic Weapon] mounts elor’s degrees, played a key role in de- Truth also lived in Washington, DC and adaptors for our unit overnight. I was veloping the Mobile Parts Hospital. for several years, helping slaves who able to mount all of my weapons, which is Focus: HOPE and the entire Mobile had fled from the South, and appearing very helpful when we are engaged with the Parts Hospital team are to be com- at women’s suffrage gatherings. She re- enemy. I wanted to let you know that the mended for their efforts in making this turned to Battle Creek in 1875, and re- mounts he is making are what we need and project a success. In particular, I would mained there until her death in 1883. he is very helpful in what he is doing. Thank like to honor the 9 team members who Sojourner Truth spoke from her heart you. were at Camp Arifjan working with the about the most troubling issues of her Another soldier wrote saying that: Mobile Parts Hospital and supporting time. A testament to Truth’s convic- you have an excellent representative to our troops. What follows is the list of tions is that her words continue to your project here in Kuwait and your prod- their names: Todd A. Richman, Joe ucts are excellent quality, and in excellent speak to us today. working order, much better than what we Shenosky, Kevin Ksiazek, Tim Ponzi, Sojourner Truth was a political and are able to pull out of a retro yard, and I Robert Huffman, Greg Murnock, Kevin social activist who personally con- wish we would have had this service a year Green, Matt Middleton, and Greg versed with President Abraham Lin- ago when we got here. You all have done a Outland. coln on behalf of freed, unemployed

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.016 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7515 slaves, and campaigned for Ulysses S. And Ain’t I a Woman? the RECORD, text was somehow inad- Grant in the Presidential election in I have borne five children and seen most vertently added to my statement. My 1868. Sojourner was a woman of great all sold off to slavery, and when I cried out statement should have ended after the passion and determination who was with a mother’s grief, none but Jesus heard sixth full paragraph of column three on me. spiritually motivated to preach and And Ain’t I a Woman? page S7266. I can certainly understand teach in ways that have had a profound Then they talk about this thing in the how something like this could have and lasting imprint on American his- head; what’s this they call it? (member of happened as we were all working late tory. the audience whispers ‘intellect’) That’s it, into the night under very tight dead- I am proud and the people of my honey. lines. This isn’t the first time some- State are proud to claim this legendary What’s that got to do with women’s right thing like this has happened and I bet leader. In September of 1999, Michigan or negroes’ rights? If my cup won’t hold but it won’t be the last. honored Sojourner Truth with the dedi- a pint, and your holds a quart, wouldn’t you Of course, this is no fault of the good cation of the Sojourner Truth Memo- be mean not to let me have my little half measure full? people of the Official Reporters of De- rial Monument, which was unveiled in Then that little man in black there, he bates. They do outstanding work and I Battle Creek, MI. says women can’t have as much rights as know this will continue. The contributions of Sojourner men, cause Christ wasn’t a women? The following is how my statement Truth, who helped lead our country out Where did your Christ come from? Where should have appeared: of the dark days of slavery, are indeli- did your Christ come from? From God and a I rise today to express my strong support bly etched in the chronicle of not only woman! Man had nothing to do with Him. for the amendment offered by Senator Fein- the history of this Nation, but are If the first woman God ever made was gold. viewed with distinction and admiration strong enough to turn the world upside down Senator Feingold’s amendment, which I throughout the world. In 1851, So- all alone, these women together ought to be am a proud co-sponsor, would allow the work able to turn it back, and get it right side up of the Inspector General of the Coalition journer delivered her famous ‘‘Ain’t I a again! And now they is asking to do it, the Woman?’’ speech at the Women’s Con- Provisional Authority (CPA–IG) to continue men better let them. its work uninterrupted after the June 30 vention in Akron, OH. She spoke from Obliged to you for hearing me, and now old handover. her heart about the most troubling Sojourner ain’t got nothing more to say. This is critical. Congress provided more issues of her time. Her words on that than $18 billion to rebuild Iraq, roughly the day in Ohio are a testament to So- S. 2600 same amount that we spend on the rest of journer Truth’s convictions and are a Mrs. CLINTON (for herself, Mr. LEVIN, Mr. the world combined. Congress jammed part of the great legacy she left for us DODD, Ms. CANTWELL, Mr. SARBANES, Mr. through the Iraq supplemental appropria- all. SCHUMER, Ms. LANDRIEU, Mr. SANTORUM, tions bill in an extremely short time, with- In closing, I must take a moment to Mr. LIEBERMAN, Mrs. BOXER, Mr. SPECTER, out a sufficient number of hearings, into a pay special tribute to Dr. C. Delores Mr. ALEXANDER, Ms. STABENOW, Mrs. FEIN- very chaotic environment without the usual STEIN, Mrs. HUTCHISON, Ms. MIKULSKI, Ms. financial controls. Tucker, who has been the chief cru- COLLINS, Mr. CORZINE, and Mr. PRYOR) in- Recognizing this reality, Congress created sader in the movement to add So- troduced the following bill; which was read a strong, independent Inspector General to journer Truth to the Women’s Suffrage twice and referred to the Committee on help police these funds. group portrait monument. Dr. Tucker, Rules and Administration In the months that followed passage of the President of the Bethune-Dubois Insti- A BILL To direct the Architect of the Cap- Iraq Supplemental, we heard numerous re- tute and Chair of the National Con- itol to enter into a contract to revise the ports of waste, fraud and abuse. If anything, gress of Black Women, is a woman of statue commemorating women’s suffrage lo- this should have send a clear signal to the administration and Congress that we need strong conviction and is unyielding in cated in the rotunda of the United States Capitol to include a likeness of Sojourner more—not less—oversight of these funds. It her pursuits for justice and fairness. defies logic, then, that the State Department Because of her diligence and commit- Truth. Be it enacted by the Senate and House of is now proposing to weaken the one entity ment, constructive efforts are now on Representatives of the United States of America that Congress specifically tasked with keep- the way to ensuring that Sojourner in Congress assembled, ing track of these tax dollars. Truth will be shown in her rightful The State Department’s plan could under- SECTION 1. FINDINGS. mine the independence of this Inspector Gen- place, in our Capitol Rotunda. I must Congress finds the following: also commend the National Council of eral and disrupt this important work, reduc- (1) Sojourner Truth was a towering figure ing Congress’s ability to account for these Women’s Organizations for their active among the founders of the movement for funds. It’s unlocking the vault to those who support of this legislation. women’s suffrage in the United States, and want to cheat us. I ask unanimous consent that the any monument that accurately represents The State Department also has told the text of S. 2600, including cosponsors, be this important development in our Nation’s Appropriations Committee that it will have inserted in the RECORD at the end of history should include her. to create 25 new positions to handle the work (2) The statue known as the Portrait my remarks, following Truth’s ‘‘Ain’t I in Iraq. Monument, originally presented to Congress Let me get this straight. We want to close a Woman’’ speech. in 1920 in honor of the passage of the Nine- There being no objection, the mate- down an IG that has about 60 people in place, teenth Amendment guaranteeing women the which are actively conducting audits and rial was ordered to be printed in the right to vote and presently exhibited in the rooting out waste fraud and abuse. RECORD, as follows: rotunda of the Capitol, portrays several After the administration is finished closing AIN’T I A WOMAN early suffragists who were Sojourner Truth’s down that office, they will turn around and (By Sojourner Truth) contemporaries, but not Sojourner Truth hire 25 new people to do the same work—only Well, children, where there is so much herself, the only African American among through at a lower level office at the State racket there must be something out of kil- the group. Department. ter. I think that ’twixt the negroes of the SEC. 2. REVISION OF WOMEN’S SUFFRAGE STAT- Why on Earth would we want to do this? South and the women at the North, all talk- UE. At a time when we are hearing weekly re- ing about rights, the white men will be in a Not later than the final day on which the ports of abuse by Haliburton and others, why fix pretty soon. But what’s all this here talk- One Hundred Ninth Congress is in session, would we want to re-invent the wheel? Why ing about? the Architect of the Capitol shall enter into would we downgrade the status of the CPA– That man over there says women need to a contract to revise the statue commemo- IG and undermine its independence? It just be helped into carriages, and lifted over rating women’s suffrage located in the ro- does not make any sense. ditches and to have the best place every- tunda of the United States Capitol (com- This is why the amendment offered by Sen- where. Nobody ever helps me into carriages, monly known as the ‘‘Portrait Monument’’) ator from Wisconsin is so important. or over mud puddles, or gets me any best to include a likeness of Sojourner Truth. This is why I support his amendment. place! f I thank the chair for allowing me to And Ain’t I a Woman? make this correction. Look at me! Look at my arm! I have CORRECTION FOR THE RECORD f ploughed, and planted, and gathered into Mr. LEAHY. Mr. President, on June barns, and no man could head me! 23, 2004, I gave a statement on the PEER-REVIEW PROSTATE CANCER And Ain’t I a Woman? RESEARCH PROGRAM I could work as much and eat as much as Feingold amendment concerning the a man—when I could get it—and bear the Inspector General of the Coalition Pro- Mr. CRAPO. Mr. President, I rise lash as well! visional authority. When it appeared in today in support of the Department of

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.041 S25PT1 S7516 CONGRESSIONAL RECORD — SENATE June 25, 2004 Defense, DOD, Peer-Review Prostate program must help treat men, not just make us stronger. Under Captain Cancer Research Program. mice. Christopher’s leadership, many of these No one in this Chamber has been Unfortunately, the language in the goals have been brought closer to re- spared the tragedy of cancer taking the Senate Department of Defense Appro- ality. life of a family member or friend. Many priations Act for Fiscal Year 2005 From June 20–23, Captain Chris- of those lives, in fact, have been taken threatens both the funding and unique topher organized the 2004 Navy Marine by prostate cancer, as it is the leading structure of the Prostate Cancer Peer Corps Intranet Symposium in New Or- cause of cancer deaths in men. Because Review Research Program. The Senate leans. This event was an opportunity baby boomers are entering the risk age bill combines all of the congressionally for all parties involved in NMCI to con- for prostate cancer at a rate of one directed cancer research programs into tinue their dialogue on reshaping infor- every seven seconds, the 2 million men one account and reduces the total fund- mation technology in the Navy and currently impacted by the disease are ing available to all. Marine Corps. Captain Christopher increasing at about every 8 percent per Because the Senate version lumps all made this event happen and I have year. Still, lives can be saved and find- the cancer programs into one pot, rath- been informed that it was a complete ing a cure can be accelerated. er than maintaining separate ear- success. The DOD Peer Review Prostate Can- marks, the proposal will have multiple, I once again want to thank my cer Research Program continues to negative outcomes. As written, the friend, CPT Chris Christopher, for his prove to be a success and many new Senate bill dismantles the unique ac- efforts on America’s behalf. Future treatments to end the pain and suf- countability over research and seri- generations of sailors and Marines will fering due to prostate cancer are on the ously threatens the consumer-scientist no doubt reap the benefits of his labor horizon. That is why I support a $100 driven integrity of the DOD prostate and America will be safer as a result. I million earmark for fiscal year 2005. cancer research program. The proposal am proud of Chris’s ‘‘Louisiana-bred’’ The return on this investment is well relieves the government of account- success, and I wish him well in his fu- ture endeavors.∑ worth it. In recent years, the DOD ability while forcing cancer groups to Breast Cancer Program funded compete with one another for reduced f groundbreaking research, such as the funding. And, a particularly dangerous (At the request of Mr. DASCHLE, the discovery of the drug Herceptin, which component of the proposal transfers following statement was ordered to be prolongs the lives of women afflicted funding to other cancer projects that printed in the RECORD.) with a particularly aggressive type of are not recommended by a scientific IN HONOR OF STEPHEN E. advanced breast cancer. In fact, peer reviewed process COLLINS Herceptin when used appropriately As the Department of Defense Appro- ∑ Mr. KERRY. Madam President, I am with chemotherapy increases the priations Act for Fiscal Year 2005 goes proud to join family, friends, and col- chances of survival by about 33 per- to conference, I urge my colleagues to leagues in recognizing and celebrating cent. support the language passed in the the incredible life and dedicated work Those breakthroughs are possible in House and preserve this critical pro- of Steve Collins. His tireless efforts on prostate cancer. This disease needs a gram for prostate cancer research. behalf of our disadvantaged citizens Herceptin-like drug, and it is possible f have greatly benefited the Common- with adequate and fair funding for the ADDITIONAL STATEMENTS wealth of Massachusetts and his fight- DOD Peer Review Prostate Cancer Re- ing spirit is an inspiration to us all. search Program. Steve began his career as an advocate This one-of-a-kind research program HONORING CAPTAIN CHRIS for the importance of human services uses an innovative granting structure CHRISTOPHER over 25 years ago, and has continued that brings scientists and consumers his passion for helping others ever ∑ Ms. LANDRIEU. Madam President, I together to make key policy decisions since. His career history includes work speak today to honor the service of about prostate cancer research. Since at a mental health center for youth, CPT Chris Christopher, who is cur- its inception eight years ago, this far- supervision of the Uphams Corner rently the Deputy Director for Future reaching, influential program has lit- Health Center in Dorchester, case man- Operations, Communications and Busi- erally changed the way prostate cancer agement at Minuteman Home Care, ness Initiatives at NMCI. Captain research is done. It has become a model and direction of the Alliance for the Christopher comes to this position that other research programs have Mentally Ill of Massachusetts. Steve’s sought to replicate. after nearly 20 years of distinguished most sweeping impact, however, has The program has funded two key re- service to the Navy in the fields of come through his work with the Massa- search grants, the Prostate Cancer aviation, public affairs and intel- chusetts Human Services Coalition, Consortium Awards, which could help ligence. where, after years of participation in us unravel prostate cancer’s challenge. Captain Christopher has spent most the Coalition’s efforts, he became Ex- These grants cover a 3-year period and of his life in New Orleans, and he has ecutive Director in 1999. are designed to produce an interven- made a wonderful home there with his Steve comes from a family com- tion—drug, device or procedure—to wife Patti and their two daughters. He mitted to working for the public good. bring us all closer to finding a cure for received undergraduate and graduate He is the son of a high school teacher this devastating disease. degrees from the University of New Or- and a newspaper editor, and it was his This program is not only a shining leans, and his work with NMCI still father who from early on taught him to example of streamlining effective re- brings him back to the UNO campus. ‘‘comfort the afflicted and afflict the search; it is an outstanding model for Though he is now stationed in Vir- comfortable.’’ Taking this motto to best business practices. Every penny ginia, his heart and family remain in heart, Steve has, for many years, been spent by this program is accounted for New Orleans. As a Louisiana Senator, I a voice for the voiceless citizens of at a public meeting every 2 years. like that! Massachusetts by monitoring State Ninety percent of the funds go directly Captain Christopher’s work at NMCI policy and budgets and advocating for to research. This kind of efficiency and has been truly outstanding. The Navy the vital services that aid the dis- prudence in spending is unheard of in Marine Corps Intranet is a progressive advantaged. With unwavering devotion, some of our Nation’s best businesses project whose ultimate goal is to trans- Steve has embraced his role as David and charities let alone other federally form the Department of the Navy’s to the sometimes Goliath government funded research programs and agencies. computer networks. NMCI will revolu- bureaucracy, and he has continually According to reports of this business tionize command and control effi- won tangible results. conscious program, the DOD Peer Re- ciencies within the Navy, and between Armed with an amazing ability to in- view Prostate Cancer Research Pro- the services, to ensure that our forces ject humor into his noble struggles, gram cannot conduct human clinical are operating in unison. This will save Steve calls upon governors and legisla- trials without the earmark funding of American lives, increase combat readi- tors to look more critically at the ef- $100 million for fiscal year 2005. The ness and effectiveness, and, ultimately, fects of their policies with events like

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.017 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7517 the ‘‘ ‘State of the State We’re Really and the 94th Airlift Wing. While Dob- ENROLLED BILLS SIGNED In’ Bake Sale.’’ And while his criti- bins continued to embrace its role in The message also announced the cisms are direct and his position un- training C–130 crew members and main- Speaker has signed the following en- flinching, Steve has earned the respect taining combat-ready units to deploy rolled bills and joint resolution: of legislators and officials alike. He on short notice, General Kane had to H.R. 884. An act to provide for the use and never compromises his vision and al- ‘‘batten down the hatches’’ in the distribution of the funds awarded to the ways works around-the-clock to mobi- heightened security atmosphere. And Western Shoshone identifiable group under lize support for the protection of in typical fashion, General Kane took Indian Claims Commission Docket Numbers human services. on his force protection mission with 326–A–1, 326–A–3, and 326–K, and for other Steve manages to forever remind us vigor, even relishing in the nickname purposes. all that every citizen deserves respect, ‘‘Bunker Bill,’’ as he erected sandbags H.R. 2751. An act to provide new human and with that recognition of human and barriers at the base. capital flexibilities with respect to the GAO, dignity comes the obligation to assist General Kane began his impressive and for other purposes. H.R. 4103. An act to extend and modify the those in need. He serves as a voice for Air Force career after graduating from trade benefits under the African Growth and the most vulnerable in our society, and the State University of New York at Opportunity Act. the utter importance of his life’s work Binghamton in 1969 with a bachelor’s H.J. Res. 97. Joint resolution approving the cannot be overstated. degree in biology. He entered the Air renewal of import restrictions contained in There is no more noble goal than to Force soon thereafter and obtained his the Burmese Freedom and Democracy Act of serve others. Steve remains a loyal commission through Officers Training 2003. friend to those in need of his help, and School. After serving 5 years on active The enrolled bills and joint resolu- he has never backed down from the duty at Dyess Air Force Base, TX, Gen- tion were signed subsequently by the challenge of defending them. I am hon- eral Kane joined the Reserves at Niag- Acting President pro tempore (Mr. ored by his ceaseless efforts and it is ara Falls International Airport, NY, FRIST). with respect and gratitude that I join and served in the 328th Tactical Airlift The message further announced that in celebrating Steve’s life, work, and Squadron while attending graduate pursuant to section 214(a) of the Help innumerable contributions.∑ school. He completed his graduate America Vote Act of 2002 (42 U.S.C. f work in 1982 and was awarded his Ph.D. 15344), and the order of the House of HONORING BRIGADIER GENERAL in cell and molecular biology. He then December 8, 2003, the Speaker appoints WILLIAM ‘‘BUNKER BILL’’ KANE went on to conduct basic biological re- the following individual on the part of search as a postdoctoral fellow at the the House of Representatives to the ∑ Mr. MILLER. Madam President, Fox Chase Cancer Institute in Philadel- Election Assistance Commission Board today I wish to pay tribute to BG Wil- phia, PA, and the State University of of Advisors for a term of two years: Mr. liam P. Kane, who on July 10, 2004, will New York at Buffalo, Buffalo, NY. He J.C. Watts, Jr., of Norman, Oklahoma. complete nearly 6 years of command at then joined the Air Reserve technician f Dobbins Air Reserve Base in Marietta, program in 1984 at March Air Force GA, and who will move on to command Base, CA. General Kane is a command MEASURES REFERRED at Peterson Air Force Base, CO. pilot with more than 6,500 flying hours. The following bills were read the first When we were young, many of us Looking back over General Kane’s il- and the second times by unanimous were exposed to the phrase ‘‘you can do lustrious career thus far, I am re- consent, and referred as indicated: anything that you set your mind to.’’ minded of a quote by Orison Swett Some of us live out that desire by find- H.R. 4278. An act to amend the Assistive Marden, a famed 19th century thinker. Technology Act of 1998 to support programs ing success as academics, others as sci- Marden stated that: of grants to States to address the assistive entists or politicians. Some of us find the greatest thing a man can do in this technology needs of individuals with disabil- passion in the freedom of flight, while world is to make the most possible out of the ities, and for other purposes; to the Com- some of us thrive in the structure of stuff that has been given to him. This is suc- mittee on Health, Education, Labor, and the military. However, very few of us cess and there is none other. Pensions. are able to test our limits and succeed H.R. 4417. An act to modify certain dead- Officer, pilot, academic, scientist, lines pertaining to machine-readable, tam- in multiple areas. I stand before you to husband, father. I believe that Marden, recognize one such person. per-resistant entry and exit documents; to were he still alive today, would not the Committee on the Judiciary. BG William P. Kane is the current hesitate to proclaim GEN William P. H.R. 4478. An act to provide for an addi- commander of the 94th Airlift Wing at Kane a completely successful man. tional temporary extension of programs Dobbins Air Reserve Base, leading both People spend most of their lives at- under the Small Business Act and the Small the 94th Airlift Wing and Dobbins ARB. tempting to do one thing well. Few and Business Investment Act of 1958 through Although Dobbins is a small base in far between are the people who have July 23, 2004, and for other purposes; to the physical size, it also happens to be the Committee on Small Business and Entrepre- the courage to try and the determina- neurship. largest multiservice Reserve training tion to achieve success at multiple lev- base in the world. Owned by the Air els, as General Kane certainly has. And f Force Reserve, Dobbins supports more he is not finished. MEASURES PLACED ON THE than 10,000 guardsmen and reservists I thank him for his years of service CALENDAR from the Army, Navy, Marines, and Air to the Air Force Reserve and to Geor- The following bill was read the sec- Force. It is home to nearly 50 aircraft gia. I wish him and his family all the ond time, and placed on the calendar: assigned to different flying units and best as he continues with his Air Force boasts more than 7,000 takeoffs and career in Colorado and with all future H.R. 218. An act to amend title 18, United landings each month. This enormous States Code, to exempt qualified current and endeavors. Georgia will miss General former law enforcement officers from State flying mission is what General Kane Kane. He is Georgia at its finest.∑ manages on a daily basis, around, I laws prohibiting the carrying of concealed f handguns. would like to point out, one of the busiest airports in the Nation, MESSAGE FROM THE HOUSE The following bill was read the first and second times by unanimous con- Hartsfield-Jackson International Air- At 11:28 a.m., a message from the sent, and placed on the calendar: port. House of Representatives, delivered by After our Nation was attacked on Ms. Niland, one of its reading clerks, H.R. 2707. To provide for an assessment of September 11, 2001, the military had to announced that the House has agreed the extent of the invasion of Salt Cedar and Russian Olive on lands in the Western United quickly adapt to a new mission. As to the following concurrent resolution, operational tempo increased, com- States and efforts to date to control such in- without amendment: vasion on public and private lands, including manders had to take on expanding S. Con. Res. 120. Concurrent resolution pro- tribal lands, to establish a demonstration roles. General Kane immediately took viding for a conditional adjournment or re- program to address the invasion of Salt the necessary and innovative steps to cess of the Senate and the House of Rep- Cedar and Russian Olive, and for other pur- transform the mission of Dobbins ARB resentatives. poses.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.036 S25PT1 S7518 CONGRESSIONAL RECORD — SENATE June 25, 2004 MEASURES READ FOR THE FIRST Joyce A. Barr, of Washington, a Career (Mr. DAYTON) was added as a cosponsor TIME Member of the Senior Foreign Service, Class of S. 2283, a bill to extend Federal fund- of Counselor, to be Ambassador Extraor- The following bill was read the first ing for operation of State high risk dinary and Plenipotentiary of the United health insurance pools. time: States of America to the Republic of Na- H.R. 4359. An act to amend the Internal mibia. S. 2498 Revenue Code of 1986 to increase the child June Carter Perry, of the District of Co- At the request of Mrs. FEINSTEIN, the tax credit. lumbia, a Career Member of the Senior For- name of the Senator from Minnesota eign Service, Class of Counselor, to be Am- f (Mr. DAYTON) was added as a cosponsor bassador Extraordinary and Plenipotentiary of S. 2498, a bill to provide for a 10-year ENROLLED BILL PRESENTED of the United States of America to the King- dom of Lesotho. extension of the assault weapons ban. The Secretary of the Senate reported R. Barrie Walkley, of California, a Career S. 2502 that today, June 25, 2004, she had pre- Member of the Senior Foreign Service, Class At the request of Mr. CRAIG, the sented to the President of the United of Minister Counselor, to be Ambassador Ex- name of the Senator from Nevada (Mr. States the following enrolled bill: traordinary and Plenipotentiary of the ENSIGN) was added as a cosponsor of S. S. 2017. An act to designate the United United States of America to the Gabonese Republic, and to serve concurrently and 2502, a bill to allow seniors to file their States courthouse and post office building Federal income tax on a new Form located at 93 Atocha Street in Ponce, Puerto * * *. Rico, as the ‘‘Luis A. Ferre United States Cynthia G. Efird, of the District of Colum- 1040S. Courthouse and Post Office Building’’. bia, a Career Member of the Senior Foreign S. 2603 Service, Class of Minister-Counselor, to be At the request of Mr. SMITH, the f Ambassador Extraordinary and Pleni- name of the Senator from Louisiana REPORTS OF COMMITTEES potentiary of the United States of America to the Republic of Angola. (Mr. BREAUX) was added as a cosponsor The following reports of committees Christopher William Dell, of New Jersey, a of S. 2603, a bill to amend section 227 of were submitted: Career Member of the Senior Foreign Serv- the Communications Act of 1934 (47 By Mr. DOMENICI, from the Committee on ice, Class of Minister-Counselor, to be Am- U.S.C. 227) relating to the prohibition Energy and Natural Resources, with an bassador Extraordinary and Plenipotentiary on junk fax transmissions. amendment in the nature of a substitute: of the United States of America to the Re- S. CON. RES. 110 S. 2180. A bill to direct the Secretary of public of Zimbabwe. At the request of Mr. CAMPBELL, the Agriculture to exchange certain lands in the f Arapaho and Roosevelt National Forests in name of the Senator from Illinois (Mr. the State of Colorado (Rept. No. 108–285). INTRODUCTION OF BILLS AND DURBIN) was added as a cosponsor of S. By Mr. DOMENICI, from the Committee on JOINT RESOLUTIONS Con. Res. 110, a concurrent resolution Energy and Natural Resources, without The following bills and joint resolu- expressing the sense of Congress in sup- amendment: tions were introduced, read the first port of the ongoing work of the Organi- S. 2243. A bill to extend the deadline for zation for Security and Cooperation in commencement of construction of a hydro- and second times by unanimous con- electric project in the State of Alaska (Rept. sent, and referred as indicated: Europe (OSCE) in combating anti-Sem- No. 108–286). By Mr. CHAFEE (for himself, Mr. SAR- itism, racism, xenophobia, discrimina- H.R. 1648. A bill to authorize the Secretary BANES, Ms. SNOWE, Mr. BREAUX, Mrs. tion, intolerance, and related violence. of the Interior to convey certain water dis- BOXER, and Mr. LAUTENBERG): S. RES. 311 tribution systems of the Cachuma Project, S. 2606. A bill to amend the Federal Water At the request of Mr. BROWNBACK, the California, to the Carpinteria Valley Water Pollution Control Act to reauthorize the Na- District and the Montecito Water District tional Estuary Program; to the Committee name of the Senator from Oregon (Mr. (Rept. No. 108–287). on Environment and Public Works. SMITH) was added as a cosponsor of S. Res. 311, a resolution calling on the H.R. 1732. A bill to amend the Reclamation f Wastewater and Groundwater Study and Fa- Government of the Socialist Republic cilities Act to authorize the Secretary of the ADDITIONAL COSPONSORS of Vietnam to immediately and uncon- Interior to participate in the Williamson S. 1129 ditionally release Father Thadeus County, Texas, Water Recycling and Reuse At the request of Mrs. FEINSTEIN, the Nguyen Van Ly, and for other pur- Project, and for other purposes (Rept. No. poses. 108–288). names of the Senator from Alaska (Ms. H.R. 3209. A bill to amend the Reclamation MURKOWSKI) and the Senator from Ari- AMENDMENT NO. 3541 Project Authorization Act of 1972 to clarify zona (Mr. MCCAIN) were added as co- At the request of Mr. KOHL, the the acreage for which the North Loup divi- sponsors of S. 1129, a bill to provide for names of the Senator from Ohio (Mr. sion is authorized to provide irrigation water the protection of unaccompanied alien DEWINE), the Senator from Indiana under the Missouri River Basin project children, and for other purposes. (Mr. BAYH), the Senator from New (Rept. No. 108–289). S. 2016 CHUMER By Ms. COLLINS, from the Committee on York (Mr. S ) and the Senator Governmental Affairs, without amendment: At the request of Mrs. FEINSTEIN, the from Connecticut (Mr. LIEBERMAN) S. 2479. A bill to amend chapter 84 of title name of the Senator from Oregon (Mr. were added as cosponsors of amend- 5, United States Code, to provide for Federal WYDEN) was added as a cosponsor of S. ment No. 3541 proposed to H.R. 4613, a employees to make elections to make, mod- 2016, a bill to provide for infant crib bill making appropriations for the De- ify, and terminate contributions to the safety, and for other purposes. partment of Defense for the fiscal year Thrift Savings Fund at any time, and for S. 2088 ending September 30, 2005, and for other purposes (Rept. No. 108–290). At the request of Mr. KENNEDY, the other purposes. f names of the Senator from Hawaii (Mr. DISCHARGED NOMINATIONS INOUYE) and the Senator from West f The Senate Committee on Foreign Virginia (Mr. ROCKEFELLER) were added Relations was discharged from further as cosponsors of S. 2088, a bill to re- STATEMENTS ON INTRODUCED consideration of the following nomina- store, reaffirm, and reconcile legal BILLS AND JOINT RESOLUTIONS tions and the nominations were con- rights and remedies under civil rights By Mr. CHAFEE (for himself, Mr. firmed: statutes. SARBANES, Ms. SNOWE, Mr. Jackson McDonald, of Florida, a Career S. 2109 BREAUX, Mrs. BOXER, and Mr. Member of the Senior Foreign Service, Class At the request of Mrs. FEINSTEIN, the LAUTENBERG): of Counselor, to be Ambassador Extraor- name of the Senator from Minnesota S. 2606. A bill to amend the Federal dinary and Plenipotentiary of the United (Mr. DAYTON) was added as a cosponsor Water Pollution Control Act to reau- States of America to the Republic of Guinea. of S. 2109, a bill to provide for a 10-year thorize the National Estuary Program; James D. McGee, of Florida, a Career Mem- extension of the assault weapons ban. ber of the Senior Foreign Service, Class of to the Committee on Environment and Counselor, to be Ambassador Extraordinary S. 2283 Public Works. and Plenipotentiary of the United States of At the request of Mr. BAUCUS, the Mr. CHAFEE. Mr. President, I am America to the Republic of Madagascar. name of the Senator from Minnesota joined today by Senators SARBANES,

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.017 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7519 SNOWE, BREAUX, BOXER and LAUTEN- ture provided by the NEP has facili- 724, 726, 728, 730, and all nominations on BERG in introducing legislation to re- tated the sharing of management ap- the secretary’s desk. authorize a highly successful and col- proaches, technologies, and ideas that I further ask unanimous consent that laborative program known as the Na- underscore this program’s success. In- the nominations be confirmed en bloc, tional Estuary Program (NEP). deed, the National Commission on the motions to reconsider be laid upon In 1987, Congress created the NEP to Ocean Policy highlighted the NEP’s the table, and the President be imme- restore designated estuaries of national focus ‘‘on bringing together stake- diately notified of the Senate’s action. significance. Since 1987, the EPA esti- holders in particular areas that are in The PRESIDING OFFICER. Without mates that the NEP has preserved, re- or approaching a crisis situation.’’ Ad- objection, it is so ordered. stored or created approximately 719,000 ditionally, the Commission found ‘‘the The nominations considered and con- habitat acres, and has leveraged $200 assessment and planning process used firmed are as follows: million in local, State and private sec- by the NEP holds promise for the fu- NOMINATIONS tor funding, with an average leveraging ture of ecosystem-based management.’’ DEPARTMENT OF STATE ratio of 11 to 1. The NEP has accom- Reauthorizing the NEP is an impor- James Francis Moriarty, of Virginia, a Ca- plished this by fostering and maintain- tant step in the process of addressing reer Member of the Senior Foreign Service, ing strong partnerships among Federal, the threats to the health and stability Class of Minister-Counselor, to be Ambas- State and local governments, the pri- of our Nation’s estuaries, which remain sador Extraordinary and Plenipotentiary of vate sector and local stakeholders, and one of our Nation’s most important the United States of America to the King- dom of Nepal. by using a consensus, community- economic and environmental resources. Benjamin A. Gilman, of New York, to be a based approach with strong local con- The legislation introduced today would Representative of the United States of Amer- trol in developing and implementing reauthorize funding for the NEP at $35 ica to the Fifty-eighth Session of the Gen- their Comprehensive Conservation and million annually to provide the funds eral Assembly of the United Nations. Management Plans (CCMPs). necessary for this program to succeed Anne W. Patterson, of Virginia, a Career Today, there are 28 estuaries in the into the future. I look forward to work- Member of the Senior Foreign Service, Class NEP, covering more than 42 percent of ing with my colleagues on reauthoriza- of Career Minister, to be Deputy Representa- tive of the United States of America to the the continental U.S. shoreline. Nearly tion of the NEP in the months ahead. half of the U.S. population resides in United Nations, with the rank and status of I ask by unanimous consent that the Ambassador Extraordinary and Pleni- coastal areas, with thousands of new text of the legislation be printed in the potentiary, and the Deputy Representative residents arriving every year. In the RECORD. of the United States of America in the Secu- United States, estuaries provide habi- There being no objection, the bill was rity Council of the United Nations. tat for three-quarters of America’s ordered to be printed in the RECORD, as Anne W. Patterson, of Virginia, a Career commercial fish catch, and 80–90 per- follows: Member of the Senior Foreign Service, Class of Career Minister, to be a Representative of cent of the recreational fish catch. S. 2606 Estuarine-dependent fisheries are the United States of America to the Sessions Be it enacted by the Senate and House of Rep- among the most valuable, with an esti- of the General Assembly of the United Na- resentatives of the United States of America in tions during her tenure of service as Deputy mated worth of $1.9 billion nationwide. Congress assembled, Representative of the United States of Amer- Coastal recreation and tourism gen- SECTION 1. NATIONAL ESTUARY PROGRAM. ica to the United Nations. erate an additional $8 to $12 billion an- Section 320(i) of the Federal Water Pollu- Joseph D. Stafford III, of Florida, a Career nually. According to recent analyses tion Control act (33 U.S.C. 1330(i)) is amended Member of the Senior Foreign Service, Class by the Environmental Protection by striking ‘‘2005’’ and inserting ‘‘2010’’. of Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the Agency (EPA), estuaries of the NEP f employ 39 million people and support United States of America to the Republic of UNANIMOUS CONSENT AGREE- The Gambia. total economic output and employee Lewis W. Lucke, of Texas, a Career Mem- wages estimated in the trillions. The MENT—NOMINATION OF J. LEON HOLMES ber of the Senior Foreign Service, Class of tourism sector alone employs 1.2 mil- Minister-Counselor, to be Ambassador Ex- lion people and generates more than Mr. FRIST. I ask unanimous consent traordinary and Plenipotentiary of the $87 billion in expenditures. that at 9:45 a.m., on Tuesday, July 6, United States of America to the Kingdom of Despite their economic and environ- the Senate proceed to executive session Swaziland. mental importance, the Nation’s estu- for the consideration of Calendar No. R. Niels Marquardt, of California, a Career aries are under increasing threat by 165, the nomination of J. Leon Holmes Member of the Senior Foreign Service, Class the many competing demands placed of Counselor to be Ambassador Extraor- to be U.S. district judge for the East- dinary and Plenipotentiary of the United upon them. Estuaries in the NEP face ern District of Arkansas. I further ask States of America to the Republic of Cam- numerous challenges, including over- consent that there then be 6 hours of eroon, and to serve concurrently and without enrichment of nutrients, loss of habi- debate equally divided between the additional compensation as Ambassador Ex- tat, declines in fish and wildlife, and chairman and ranking member or their traordinary and Plenipotentiary of the introduction of invasive species, caus- designees; provided further that fol- United States of America to the Republic of ing severe declines in water quality, lowing that debate the Senate proceed Equatorial Guinea. living resources and overall ecosystem Charles P. Ries, of the District of Colum- to a vote on the confirmation of the bia, a Career Member of the Senior Foreign health. According to the recent EPA nomination with no intervening action Service, Class of Minister-Counselor, to be National Coastal Condition Report de- or debate. I further ask consent that Ambassador Extraordinary and Pleni- scribing the ecological and environ- following the vote, the President be potentiary of the United States of America mental conditions of U.S. coastal wa- immediately notified of the Senate’s to Greece. ters and estuary resources, the overall action and the Senate then resume leg- Suzanne Hale, of Virginia, a Career Mem- condition of our Nation’s coastal wa- islative session. ber of the Senior Foreign Service, Class of ters is fair to poor, and 44 percent of es- The PRESIDING OFFICER. Without Career Minister, to be Ambassador Extraor- tuarine habitats are impaired for dinary and Plenipotentiary of the United objection, it is so ordered. States of America to the Federated States of human or aquatic life use. f Micronesia. The NEP offers an effective means to William R. Brownfield, of Texas, a Career deal with these national problems. The EXECUTIVE SESSION Member of the Senior Foreign Service, Class flexible and collaborative nature of the of Minister-Counselor, to be Ambassador Ex- NEP has allowed the local Estuary traordinary and Plenipotentiary of the Programs to develop innovative ap- EXECUTIVE CALENDAR United States of America to the Bolivarian proaches to address the problems fac- Mr. FRIST. I ask unanimous consent Republic of Venezuela. ing estuarine systems, approaches that the Senate immediately proceed Ralph Leo Boyce, Jr., of Virginia, a Career Member of the Senior Foreign Service, Class uniquely tailored to local environ- to executive session to consider the fol- of Minister-Counselor, to be Ambassador Ex- mental conditions, and to the needs of lowing nominations on today’s Execu- traordinary and Plenipotentiary of the local communities and constituencies. tive Calendar: Calendar Nos. 676, 711, United States of America to the Kingdom of At the same time, the national struc- 713, 714, 716, 717, 718, 719, 721, 722, 723, Thailand.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.006 S25PT1 S7520 CONGRESSIONAL RECORD — SENATE June 25, 2004 John Marshall Evans, of the District of Co- Service, Class of Minister-Counselor, to be Cooperative Research and Technology lumbia, a Career Member of the Senior For- Ambassador Extraordinary and Pleni- Enhancement Act of 2004 or CREATE eign Service, Class of Minister-Counselor, to potentiary of the United States of America Act. I am pleased that the Senate is be Ambassador Extraordinary and Pleni- to the Republic of Angola. considering this important patent leg- potentiary of the United States of America Jackson McDonald, of Florida, a Career islation. I would like to thank Sen- to the Republic of Armenia. Member of the Senior Foreign Service, Class Tom C. Korologos, of the District of Co- of Counselor, to be Ambassador Extraor- ators LEAHY, KOHL, GRASSLEY, FEIN- lumbia, to be Ambassador Extraordinary and dinary and Plenipotentiary of the United GOLD and SCHUMER, for their work on, Plenipotentiary of the United States of States of America to the Republic of Guinea. and cosponsorship of, this bill. America to Belgium. Christopher William Dell, of New Jersey, a The CREATE Act responds to an im- Douglas L. McElhaney, of Florida, a Career Career Member of the Senior Foreign Serv- portant need of our inventive commu- Member of the Senior Foreign Service, Class ice, Class of Minister-Counselor, to be Am- nity. This act will encourage greater of Minister-Counselor, to be Ambassador Ex- bassador Extraordinary and Plenipotentiary cooperation among universities, public traordinary and Plenipotentiary of the of the United States of America to the Re- research institutions and the private United States of America to Bosnia and public of Zimbabwe. sector. It does so by enabling these par- Herzegovina. f ties to share freely information among William T. Monroe, of Virginia, a Career Member of the Senior Foreign Service, Class LEGISLATIVE SESSION researchers that are working under a of Minister-Counselor, to be Ambassador Ex- joint research agreement to develop The PRESIDING OFFICER. Under new technology. It also allows these traordinary and Plenipotentiary of the the previous order, the Senate resumes United States of America to the Kingdom of entities, particularly universities, to Bahrain. legislative session. structure their relationships with NOMINATIONS PLACED ON THE SECRETARY’S f other research collaborators in a more DESK AUTHORITY TO FILE flexible manner. FOREIGN SERVICE The CREATE Act has benefited sig- Mr. FRIST. I ask unanimous consent, nificantly from the commendable work PN1645 Foreign Service nominations (173) notwithstanding the Senate’s adjourn- beginning Jean Elizabeth Akers, and ending of our colleagues in the House. In par- ment, committees be authorized to re- ticular, we take note of the House Re- Jenifer Lynn Neidhart de Ortiz, which nomi- port legislative and executive matters nations were received by the Senate and ap- port, H. Rep. 108–425, which accom- peared in the Congressional Record of May on Wednesday, June 30, from 10 a.m. to panied passage of H.R. 2391, the House 18, 2004. 12 noon. counterpart of S. 2192. The committee NOMINATIONS DISCHARGED The PRESIDING OFFICER. Without notes that the House report addresses a Mr. FRIST. Continuing in executive objection, it is so ordered. number of important issues related to session, I ask unanimous consent that f the implementation of the act, and pro- the Foreign Relations Committee be SIGNING AUTHORITY vides necessary guidance to the Patent discharged from further consideration and Trademark Office as to its respon- Mr. FRIST. I ask unanimous consent sibilities under the legislation. of the following nominations: June that during the adjournment of the Carter Perry, PN1548; Joyce Barr, In the interest of further trans- Senate, the Senator from Virginia and parency and guidance, and importantly PN1546; Barrie Walkley, PN1550; James the majority leader be authorized to McGee, PN1541, Cynthia Efird, PN1621; to prevent the public from being sub- sign duly enrolled bills or joint resolu- ject to separate enforcement actions by Jackson McDonald, PN1419; Chris- tions. topher Dell, PN1629. owners of patentably indistinct pat- The PRESIDING OFFICER. Without ents, we offer the following guidance I further ask consent that the Senate objection, it is so ordered. proceed to their consideration, the on some key aspects of this legislation. nominations be confirmed, the motions f We believe that this guidance is en- to reconsider be laid upon the table, AUTHORITY TO MAKE tirely consistent with the policy objec- the President be immediately notified APPOINTMENTS tives of the House Report, but expli- of the Senate’s action, and the Senate cate some of the most critical and Mr. FRIST. I ask unanimous consent, complex aspects of the intended oper- resume legislative session. notwithstanding the upcoming recess ation of the CREATE Act where mul- The PRESIDING OFFICER. Without or adjournment of the Senate, the tiple patents issue on the patentably objection, it is so ordered. President of the Senate, the President indistinct inventions. The nominations considered and con- pro tempore, and the majority and mi- As the House report correctly notes, firmed en bloc are as follows: nority leaders be authorized to make the CREATE Act will enable different DEPARTMENT OF STATE appointments to commissions, commit- parties to obtain and separately own June Carter Perry, of the District of Co- tees, boards, conferences, or inter- patents with claims that are not lumbia, a Career Member of the Senior For- parliamentary conferences authorized patentably distinct—in other words, eign Service, Class of Counselor, to be Am- by law, by concurrent action of the two where the claim in one patent would be bassador Extraordinary and Plenipotentiary Houses, or by order of the Senate. ‘‘obvious’’ in view of a claim in the of the United States of America to the King- The PRESIDING OFFICER. Without dom of Lesotho. other patent. The courts and the U.S. Joyce A. Barr, of Washington, a Career objection, it is so ordered. Patent and Trademark Office term this Member of the Senior Foreign Service, Class f ‘‘nonstatutory’’ and ‘‘obviousness- type’’ double patenting. This is not the of Counselor, to be Ambassador Extraor- COOPERATIVE RESEARCH AND dinary and Plenipotentiary of the United first time that Congress has amended TECHNOLOGY ENHANCEMENT States of America to the Republic of Na- the patent laws in a manner that has ACT OF 2004 mibia. expanded opportunities for double pat- R. Barrie Walkley, of California, a Career Mr. FRIST. Madam President, I ask enting. The Patent Law Amendments Member of the Senior Foreign Service, Class unanimous consent that the Senate Act of 1984 first created the oppor- of Minister Counselor, to be Ambassador Ex- proceed to the immediate consider- traordinary and Plenipotentiary of the tunity for double patenting for patents United States of America to the Gabonese ation of Calendar No. 484, S. 2192. issued to different inventors that were Republic, and to serve concurrently and The PRESIDING OFFICER. The owned by one entity or which were without additional compensation as Ambas- clerk will report the bill by title. commonly assigned. In the legislative sador Extraordinary and Plenipotentiary of The legislative clerk read as follows: history for the Patent Law Amend- the United States of America to the Demo- A bill (S. 2192) to amend title 35, United ments Act of 1984, Congress indicated cratic Republic of Sao Tome and Principe. States Code, to promote cooperative re- its expectation that any newly created James D. McGee, of Florida, a Career Mem- search involving universities, the public sec- opportunities for double patenting ber of the Senior Foreign Service, Class of tor, and private enterprises. Counselor, to be Ambassador Extraordinary would be treated no differently than and Plenipotentiary of the United States of There being no objection, the Senate double patenting for patents issued to America to the Republic of Madagascar. proceeded to consider the bill. the same inventor. We do the same Cynthia G. Efird, of the District of Colum- Mr. HATCH. Madam President, I rise today with respect to the remedial pro- bia, a Career Member of the Senior Foreign today to support passage of S. 2192, the vision in the CREATE Act, but discuss

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.021 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7521 the form of disclaimer that is required Patents issued after enactment of the tinct patent cannot be assured unless of the patent owner whenever double CREATE Act will be enforceable in the the owner of a second indistinct patent patenting exists. same manner and to the same extent as has an agreement with the owner of At its core, the double patenting doc- when patents are issued to a common the first-owned patent prohibiting the trine addresses the situation where owner or are subject to common as- right of separate enforcement. The multiple patents have issued with re- signment. One modification of existing CREATE Act will not require the spective claims in the different patents disclaimer practice, however, is needed owner of a first-issued patent or an in- that meet one or more of the relation- for double patenting to achieve its pol- distinct patent to enforce any such ship tests set out by the courts. Double icy objectives where the CREATE Act patent. Rather, the prohibition against patenting can arise when the two in- applies. The CREATE Act will now per- separate enforcement described above volved patents are determined not to mit patents with patentably indistinct is necessary to address the sole policy relate to independent and distinct in- claims to be separately owned, but re- objective of preventing different patent ventions. It can also arise if a claim in main valid. Heretofore, this separate owners from separately enforcing a a later-issued patent would not be ownership would have rendered the in- first-issued patent and a related indis- novel with respect to a claim in a first- distinct patent invalid. To protect the tinct patent. issued patent. A third type of double public interest, these separately owned Also as indicated in the House report, patenting—and perhaps the most com- patents must be subjected to a new we expect the U.S. Patent and Trade- mon—is where a claim in a later-issued form of disclaimer that will protect the mark Office to take such steps as are patent is obvious in view of a claim in public against separate actions for en- necessary to implement the require- a first-issued patent. Whatever the re- forcement of both the first-issued pat- ments of this act in the manner we lationship that forms the basis for the ent and any patents with claims that have described. In particular, the Pat- double patenting, the current prin- are not patentably distinct over the ent and Trademark Office should exer- ciples governing double patenting claims of the first-issued patent. cise its responsibility for determining should be applied to all such situations Accordingly, in every situation the necessity for, and for requiring the involving the issuance of double pat- where double patenting is created submission and recording of, dis- ents where the provisions of the CRE- based upon revised section 103(c), the claimers in patent applications and to ATE Act apply. patentably indistinct patent must in- promulgate such regulations as are The double patenting doctrine exists clude a disclaimer that will require the necessary including, inter alia, rules as a matter of policy to prevent a mul- owner of that patent to waive the right analogous to 37 CFR § 1.321, that re- tiplicity of patents claiming to enforce that patent separately from quires disclaimers in patent applica- patentably indistinct inventions from the first-issued patent. The disclaimer tions where double patenting exists. To becoming separately owned and en- also must limit, as is required for all meet the requirements of the act, the forced. Thus, it applies to situations disclaimers related to double pat- parties to the joint research agreement where multiple patents have issued, enting, the disclaimed patent such that must agree to accept the conditions even if the patents are filed on the it can be enforced only during the term concerning common term and the pro- same day, issue on the same day and of the first-issued patent. hibition against separate patent en- expire on the same day. All that is re- Additionally, the disclaimer required forcement and all involved parties quired for double patenting to arise is for the valid issuance of a patentably must agree to be signatories to any re- that one or more claims in each of the indistinct patent pursuant to the CRE- quired terminal disclaimer. I do not be- involved patents is determined to rep- ATE Act must apply to all owners of lieve any particular form need be fol- resent double patenting under estab- all involved patents, i.e., the owner of lowed to give effect to this require- lished principles of law. The double the patentably indistinct patents as ment, and that the Office will address patenting doctrine can invalidate well as any owners of any first-issued these issues pursuant to its implemen- claims in any later or concurrently patents against which the disclaimer is tation of the act. issued patent if those claims are deter- made. In order for this to be the case, The House indicated in its committee mined to represent double patenting the CREATE Act effectively requires report that a joint research agreement with respect to any of the claims in a parties that separately own patents may be evidenced by one or more first-issued patent. For clarity, any subject to the CREATE Act to enter writings. I note that evidence of a joint later or concurrently issued patent into agreements not to separately en- research agreement may take the form that creates double patenting can sim- force patents where double patenting of cooperative research and develop- ply be termed a ‘‘patentably indistinct exists and to join in any required dis- ment agreements, CRADAs, material patent’’ with respect to the first-issued claimer if the parties intend to pre- transfer agreements MTAs, or other patent. serve the validity of any patentably in- written contracts or multiple written Invalidity of the patentably indis- distinct patent for which a disclaimer documents or contracts covering var- tinct claims under the doctrine of dou- is required. ious parties or aspects of the written ble patenting can be avoided, however, To give effect to this requirement, agreement. As the House Committee if an appropriate disclaimer is filed in the disclaimer in the patentably indis- indicated in its report, such writing or the patent containing those claims. tinct patent must be executed by all writings must demonstrate that a Under existing practice in the U.S. involved patent owners, as the right to qualifying ‘‘joint research agreement’’ Patent and Trademark Office, the dis- separately enforce the first-issued pat- existed prior to the time the claimed claimer must be filed in the patent ent apart from the patentably indis- invention was made and that the with the patentably indistinct claims tinct patent cannot be avoided unless claimed invention was derived from ac- and must reference the first-issued pat- the owner of the first-issued patent has tivities performed by or on behalf of ent against which the disclaimer ap- disclaimed its right to do so. If an en- parties that acted within the scope of plies. Thus, the disclaimer only affects forcement action is brought with re- the agreement. Also, parties to a joint the ability to enforce the disclaimed spect to a patentably indistinct patent, research agreement who seek to benefit patent, and historically has not af- but the owner of the first-issued patent from the Act must be identified in the fected the enforceability of the first- was not a party to the disclaimer, and application for a patent or an amend- issued patent against which the dis- had not disclaimed separate enforce- ment thereto so the public will have claimer has been made. Accordingly, ability of the first-issued patent once full notice of those patents that have under existing double patenting prin- an enforcement action had been com- issued pursuant to the provisions of ciples, if the indistinct patent becomes menced on the indistinct patent, the this Act. separately owned, i.e., such that it can owner of the first-issued patent could As the House Judiciary Committee be separately enforced, the disclaimed not legally be prevented from bringing also noted in its report, the act, pursu- patent is rendered invalid in accord- a later action for infringement against ant to section 3 of the act, pending pat- ance with the terms of the required dis- the same party absent disclaiming the ent applications could claim the ben- claimer, while the first-issued patent’s right to do so. Thus, the disclaimer of efit of the provisions of the act. Thus, enforceability is unaffected. the separate enforceability of an indis- an existing joint research agreement

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.008 S25PT1 S7522 CONGRESSIONAL RECORD — SENATE June 25, 2004 existing prior to the date of enactment tities and not-for-profits such as uni- SECTION 1. SHORT TITLE. can be used to qualify an application to versities to form collaborative partner- This Act may be cited as the ‘‘Cooperative claim the benefits of the act. Such ap- ships that aid innovation. Prior to the Research and Technology Enhancement plications, i.e., those pending on the enactment of this law, universities (CREATE) Act of 2004’’. date of enactment of the act, however, were issued fewer than 250 patents each SEC. 2. COLLABORATIVE EFFORTS ON CLAIMED must comply with all of the require- INVENTIONS. year. Thanks to the Bayh-Dole Act, the Section 103(c) of title 35, United States ments of the Act, including not only number of patents universities have Code, is amended to read as follows: the requirements for disclosure among been issued in more recent years has ‘‘(c)(1) Subject matter developed by an- the parties to the agreement, but also surpassed two thousand—adding bil- other person, which qualifies as prior art the applicable requirement for a ter- lions of dollars annually to the US only under one or more of subsections (e), (f), minal disclaimer. The terminal dis- economy. and (g) of section 102 of this title, shall not claimer obligations, i.e., that all par- The CREATE Act corrects for a pro- preclude patentability under this section ties to the joint research agreement vision in the Bayh-Dole Act which, where the subject matter and the claimed in- consent to having any related patents vention were, at the time the claimed inven- when read literally, runs counter to tion was made, owned by the same person or the first-issued patent and patentably the intent of that legislation. In 1997, indistinct patents, be bound by the re- subject to an obligation of assignment to the the United States Court of Appeals for same person. quirements of the Act and the dis- the Federal Circuit ruled, in Oddzon ‘‘(2) For purposes of this subsection, sub- claimer be executed by all the owners Products, Inc. v. Just Toys, Inc., that ject matter developed by another person and of such patents, shall provide a means non-public information may in certain a claimed invention shall be deemed to have for the U.S. Patent and Trademark Of- cases be considered ‘‘prior art’’—a been owned by the same person or subject to fice to confirm that each party to an standard which generally prevents an an obligation of assignment to the same per- otherwise eligible joint research agree- son if— inventor from obtaining a patent. The ‘‘(A) the claimed invention was made by or ment that is cited to claim the benefits Oddzon ruling was certainly sound law, for an application pending as of the on behalf of parties to a joint research agree- but it was not sound public policy, and date of enactment of the act has con- ment that was in effect on or before the date as a result some collaborative teams sented to have the act so apply to that the claimed invention was made; have been unable to receive patents for ‘‘(B) the claimed invention was made as a application. Thus, associated with any their work. As a consequence, there is result of activities undertaken within the patent application pending on the date a deterrent from forming this type of scope of the joint research agreement; and of enactment of the act, there will be partnership, which has proved so bene- ‘‘(C) the application for patent for the written evidence of an agreement of claimed invention discloses or is amended to ficial to universities, the private sec- the parties to the joint research agree- disclose the names of the parties to the joint ment to affirmatively claim the bene- tor, the American worker, and the U.S. research agreement. fits of, and to be bound by the require- economy. ‘‘(3) For purposes of paragraph (2), the Recognizing Congress’ intended pur- ments of, the CREATE Act, by the act term ‘joint research agreement’ means a pose in passing the Bayh-Dole Act, the written contract, grant, or cooperative of the parties to the joint research Federal Circuit invited Congress to agreement entered into by two or more per- agreement recording evidence of their better conform the language of the act sons or entities for the performance of exper- agreement in the same manner as evi- imental, developmental, or research work in dence of documents that affect some to the intent of the legislation. The CREATE Act does exactly that by en- the field of the claimed invention.’’. interest in an application or patent are SEC. 3. EFFECTIVE DATE. now recorded with the Patent and suring that non-public information is not considered ‘‘prior art’’ when the in- (a) IN GENERAL.—The amendments made by Trademark Office. this Act shall apply to any patent granted on Before I yield, I would like to thank formation is used in a collaborative or after the date of the enactment of this the cosponsors and their respective partnership under the Bayh-Dole Act. Act. staffs for their work on this legisla- The bill that the Senate is passing (b) SPECIAL RULE.—The amendments made tion. In particular, I commend Susan today also includes strict evidentiary by this Act shall not affect any final decision Davies, Jeff Miller, Dan Fine, Dave burdens to ensure that the legislation of a court or the United States Patent and Jones, and Tom Sydnor for their hard is tailored narrowly so as only to Trademark Office rendered before the date of the enactment of this Act, and shall not af- work on this issue. Also, I extend my achieve this goal that—although nar- row—is vitally important. fect the right of any party in any action heartfelt gratitude to Katie Stahl for pending before the United States Patent and her hard work on this, and numerous I also wish to draw attention to Sen- Trademark Office or a court on the date of other issues. I was informed today that ator HATCH’s thoughtful explication of the enactment of this Act to have that par- she will be leaving the Judiciary Com- some of the more complex issues sur- ty’s rights determined on the basis of the mittee staff in a couple of weeks, and I rounding the CREATE Act. I agree en- provisions of title 35, United States Code, in want to take this opportunity to ac- tirely with his comments, which I be- effect on the day before the date of the en- knowledge publicly how sorely she will lieve will prove useful for those seek- actment of this Act. be missed. ing a background understanding of this f Mr. LEAHY. I am pleased that today legislation. PROTECTING INTELLECTUAL the Senate will pass the Cooperative I wish to thank my colleagues for RIGHTS AGAINST THEFT AND Research and Technology Enhance- their support of this bill, and to thank EXPROPRIATION ACT OF 2004 ment Act, the CREATE Act of 2004. As in particular Senator HATCH, Senator I have noted before, the United States KOHL, Senator FEINGOLD, Senator Mr. FRIST. Madam President, I ask Congress has a long history of strong GRASSLEY, and Senator SCHUMER for unanimous consent that the Senate intellectual property laws, and the their hard work in gaining this bill’s proceed to the immediate consider- Constitution charges us with the re- passage. ation of Calendar No. 485, S. 2237. sponsibility of crafting laws that foster Mr. FRIST. I further ask consent The PRESIDING OFFICER. The innovation and ensure that creative that the bill be read the third time and clerk will report the bill by title. works are guaranteed their rightful passed, the motion to reconsider be The legislative clerk read as follows: protections. This past March, I joined laid upon the table with no intervening A bill (S. 2237) to amend chapter 5 of title with Senator HATCH, Senator KOHL, action or debate, and any statements 17, United States Code, to authorize civil copyright enforcement by the Attorney Gen- and Senator FEINGOLD in introducing relating to this measure be printed in eral, and for other purposes. the CREATE Act, which will provide a the RECORD. needed remedy to one aspect of our na- The PRESIDING OFFICER. Without There being no objection, the Senate tion’s patent laws. objection, it is so ordered. proceeded to consider the bill. Our bill is a narrow one that prom- The bill (S. 2192) was read the third Mr. LEAHY. Madam President, today ises to protect American jobs and en- time and passed, as follows: the Senate has taken a strong step for- courage additional growth in America’s S. 2192 ward to encourage the distribution of information economy. Be it enacted by the Senate and House of Rep- music, films, books, and software on In 1980, Congress passed the Bayh- resentatives of the United States of America in the Internet. For too long the very Dole Act, which encouraged private en- Congress assembled, ease of duplication and distribution

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.009 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7523 that is the hallmark of digital content Mr. FRIST. I ask unanimous consent (1) establishing training programs, includ- has meant that piracy of that content that the bill be read the third time and ing practical training and written materials, is just as easy. The very real—and passed with no intervening action or for qualified personnel from the Department often realized—threat that creative debate and any statements relating to of Justice and United States Attorneys Of- works will simply be duplicated and fices to educate and inform such personnel this measure be printed in the RECORD. about— distributed freely online has restricted, The PRESIDING OFFICER. Without (A) resource information on intellectual rather than enhanced, the amount and objection, it is so ordered. property and the legal framework estab- variety of creative works one can re- The bill (S. 2237) was read the third lished both to protect and encourage cre- ceive over the Internet. time and passed, as follows: ative works as well as legitimate uses of in- There is no single solution to the S. 2237 formation and rights under the first amend- problem of copyright infringement. ment of the United States Constitution; Be it enacted by the Senate and House of Rep- (B) the technological challenges to pro- Part of combating piracy includes of- resentatives of the United States of America in fering a legal alternative to it. Another tecting digital copyrighted works from on- Congress assembled, line piracy; important part is enforcing the rights SECTION 1. SHORT TITLE. (C) guidance on and support for bringing of copyright owners. We have already This Act may be cited as the ‘‘Protecting copyright enforcement actions against per- taken some steps to do this. The Allen- Intellectual Rights Against Theft and Expro- sons engaging in infringing conduct, includ- Leahy Amendment to the Foreign Op- priation Act of 2004’’. ing model charging documents and related erations Appropriations Bill, on Com- SEC. 2. AUTHORIZATION OF CIVIL COPYRIGHT litigation materials; bating Piracy of U.S. Intellectual Prop- ENFORCEMENT BY ATTORNEY GEN- (D) strategic issues in copyright enforce- erty in Foreign Countries, provided $2.5 ERAL. ment actions, including whether to proceed million for the Department of State to (a) IN GENERAL.—Chapter 5 of title 17, in a criminal or a civil action; assist foreign countries in combating United States Code, is amended by inserting (E) how to employ and leverage the exper- tise of technical experts in computer piracy of U.S. copyrighted works. By after section 506 the following: ‘‘§ 506a. Civil penalties for violations of section 506 forensics; providing equipment and training to (F) the collection and preservation of elec- ‘‘(a) IN GENERAL.—The Attorney General law enforcement officers, the measure tronic data in a forensically sound manner may commence a civil action in the appro- for use in court proceedings; will help those countries that are not priate United States district court against (G) the role of the victim copyright owner members of the OECD—Organization any person who engages in conduct consti- in providing relevant information for en- for Economic Cooperation & Develop- tuting an offense under section 506. Upon forcement actions and in the computation of ment—to enforce intellectual property proof of such conduct by a preponderance of damages; and protections. the evidence, such person shall be subject to (H) the appropriate use of injunctions, im- The PIRATE Act represents another a civil penalty under section 504 which shall poundment, forfeiture, and related authori- critically important part of the attack. be in an amount equal to the amount which ties in copyright law; It will bring the resources and exper- would be awarded under section 3663(a)(1)(B) (2) designating personnel from at least 4 tise of the United States Attorneys’ Of- of title 18 and restitution to the copyright United States Attorneys Offices to partici- fices to bear on wholesale copyright in- owner aggrieved by the conduct. pate in a pilot program designed to imple- ‘‘(b) OTHER REMEDIES.— fringers. For too long these attorneys ment the civil enforcement authority of the ‘‘(1) IN GENERAL.—Imposition of a civil Attorney General under section 506a of title have been hindered in their pursuit of penalty under this section does not preclude pirates, by the fact that they were lim- 17, United States Code, as added by this Act; any other criminal or civil statutory, injunc- and ited to bringing criminal charges with tive, common law or administrative remedy, (3) reporting to Congress annually on— high burdens of proof. In the world of which is available by law to the United (A) the use of the civil enforcement au- copyright, a criminal charge is unusu- States or any other person; thority of the Attorney General under sec- ally difficult to prove because the de- ‘‘(2) OFFSET.—Any restitution received by tion 506a of title 17, United States Code, as fendant must have known that his con- a copyright owner as a result of a civil ac- added by this Act; and duct was illegal and must have will- tion brought under this section shall be off- (B) the progress made in implementing the set against any award of damages in a subse- fully engaged in the conduct anyway. training and pilot programs described under quent copyright infringement civil action by paragraphs (1) and (2) of this subsection. For this reason prosecutors can rarely that copyright owner for the conduct that (b) ANNUAL REPORT.—The report under sub- justify bringing criminal charges, and gave rise to the civil action brought under section (a)(3) may be included in the annual copyright owners have been left alone this section.’’. performance report of the Department of to fend for themselves, defending their (b) DAMAGES AND PROFITS.—Section 504 of Justice and shall include— rights only where they can afford to do title 17, United States Code, is amended— (1) with respect to civil actions filed under so. In a world in which a computer and (1) in subsection (b)— subsection 506a of title 17, United States an Internet connection are all the tools (A) in the first sentence— Code, as added by this Act— (1) by inserting ‘‘, or the Attorney General (A) the number of investigative matters re- you need to engage in massive piracy, in a civil action,’’ after ‘‘The copyright ceived by the Department of Justice and this is an intolerable predicament. owner’’; and United Sates Attorneys Offices; The PIRATE act responds to this (ii) by striking ‘‘him or her’’ and inserting (B) the number of defendants involved in problem by allowing the United States ‘‘the copyright owner’’; and those matters; to continue to enforce existing crimi- (B) in the second sentence by inserting ‘‘; (C) the number of civil actions filed and nal penalties for intellectual property or the Attorney General in a civil action,’’ the number of defendants involved; violations, while providing new civil after ‘‘the copyright owner’’; and (D) the number of civil actions resolved or (2) in subsection (c)— terminated; copyright enforcement remedies to en- (E) the number of defendants involved in sure that American creativity and ex- (A) in paragraph (1), by inserting ‘‘, or the Attorney General in a civil action,’’ after those civil actions; pression continue to thrive. The avail- ‘‘the copyright owner’’; and (F) the disposition of those civil actions, ability of civil penalties allows pros- (B) in paragraph (2), by inserting ‘‘, or the including whether the civil actions were set- ecutors to help curtail widespread pi- Attorney General in a civil action,’’ after tled, dismissed, or resolved after a trial; racy, and at the same time recognizes ‘‘the copyright owner’’. (G) the dollar value of any civil penalty imposed and the amount remitted to any that handcuffs for infringers is often (c) TECHNICAL AND CONFORMING AMEND- copyright owner; and MENT.—The table of sections for chapter 5 of not the appropriate response. (H) other information that the Attorney Although we are debating several di- title 17, United States Code, is amended by inserting after the item relating to section General may consider relevant to inform visive issues during this Congress, I am Congress on the effective use of the civil en- pleased to see that we can all agree 506 the following: ‘‘506a. Civil penalties for violation of sec- forcement authority; that the promise of the digital age can (2) a description of the training program tion 506.’’. only be fulfilled if we empower our and the number of personnel who partici- Federal prosecutors to protect the im- SEC. 3. AUTHORIZATION OF FUNDING FOR TRAIN- pated in the program; and portant rights enshrined in the Copy- ING AND PILOT PROGRAM. (3) the locations of the United States At- (a) TRAINING AND PILOT PROGRAM.—Not torneys Offices designated to participate in right Act. Senators HATCH, SCHUMER, later than 180 days after enactment of this the pilot program. ALEXANDER and I recognize this need, Act, the Attorney General shall develop a (c) AUTHORIZATION OF APPROPRIATIONS.— and I thank them for working with me program to ensure effective implementation There are authorized to be appropriated to produce this important, bipartisan and use of the authority for civil enforce- $2,000,000 for fiscal year 2005 to carry out this piece of legislation. ment of the copyright laws by— section.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.010 S25PT1 S7524 CONGRESSIONAL RECORD — SENATE June 25, 2004 ARTISTS’ RIGHTS AND THEFT ø(6) Given the difficulty of enforcement, ø‘‘(2) CONTENTS.—A victim impact state- PREVENTION ACT OF 2004 online theft of music, film, software, and all ment submitted under this subsection shall forms of intellectual property continues to include— Mr. FRIST. I ask unanimous consent rise. The negative effects on this large seg- ø‘‘(A) producers and sellers of legitimate that the Senate now proceed to the im- ment of the United States economy are sig- works affected by conduct involved in the of- mediate consideration of Calendar No. nificant, as exemplified by almost a 31 per- fense; 482, S. 1932. cent drop in sales for the music industry ø‘‘(B) holders of intellectual property The PRESIDING OFFICER. The from mid-year 2000 to mid-year 2003, which rights in the works described in subpara- clerk will report the bill by title. even critics of the industry acknowledge to graph (A); and The legislative clerk read as follows: be heavily influenced by the rampant dis- ø‘‘(C) the legal representatives of such pro- A bill (S. 1932) to provide criminal pen- tribution of pirated music. ducers, sellers, and holders. ø alties for unauthorized recording of motion (7) Federal legislation is necessary and ø‘‘(e) DEFINITIONS.—As used in this section, pictures in a motion picture exhibit facility, warranted to combat the most egregious the following definitions shall apply: forms of online theft of intellectual property to provide criminal and civil penalties for ø‘‘(1) AUDIOVISUAL WORK, COPY, AND MOTION and its significant, negative economic im- unauthorized distribution of commercial PICTURE.—The terms ‘audiovisual work’, prerelease copyrighted works, and for other pact on the United States economy because ‘copy’, and ‘motion picture’ have, respec- ø(A) Article 1, section 8 of the Constitution purposes. tively, the meanings given those terms in confers upon Congress the power ‘‘[t]o pro- section 101 of title 17, United States Code. There being no objection, the Senate mote the Progress of Science and useful ø‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The proceeded to consider the bill, which Arts, by securing for limited Times to Au- term ‘audiovisual recording device’ means a had been reported from the Committee thors and Inventors the exclusive Right to digital or analog photographic or video cam- their respective Writings and Discoveries,’’ on the Judiciary with an amendment era, or any other technology capable of ena- as well as the power ‘‘[t]o regulate Com- to strike all after the enacting clause bling the recording or transmission of a merce with foreign nations, and among the and insert in lieu thereof the following: copyrighted motion picture or other audio- several States.’’; (Strike the part shown in black visual work, or any part thereof, regardless ø(B) the importance of the music, film, of whether audiovisual recording is the sole brackets and insert the part shown in software and other intellectual property- or primary purpose of the device. italic.) based industries to the overall health of the ø S. 1932 United States economy is well documented ‘‘(3) MOTION PICTURE EXHIBITION FACIL- Be it enacted by the Senate and House of Rep- and significant; and ITY.—The term ‘motion picture exhibition fa- resentatives of the United States of America in ø(C) theft and distribution of intellectual cility’ means any theater, screening room, Congress assembled, property across State and international lines lobby, indoor or outdoor screening venue, ballroom, or other premises where copy- øSECTION 1. SHORT TITLE. occurs on a regular basis. righted motion pictures or other audiovisual øThis Act may be cited as the ‘‘Artists’ øSEC. 3. CRIMINAL PENALTIES FOR UNAUTHOR- works are publicly exhibited, regardless of Rights and Theft Prevention Act of 2003’’ or IZED RECORDING OF MOTION PIC- whether an admission fee is charges.’’. the ‘‘ART Act’’. TURES IN A MOTION PICTURE EXHI- BITION FACILITY. ø(b) CHAPTER ANALYSIS.—The chapter anal- øSEC. 2. CONGRESSIONAL FINDINGS. ø ysis for chapter 113 of title 18, United States øCongress finds the following: (a) IN GENERAL.—Chapter 13 of title 18, ø(1) Intellectual property, among other United States Code, is amended by adding Code, is amended by inserting after the item things, represents the ideas, imagination and after section 2319A the following new sec- relating to section 2319A the following: creativity needed to innovate long before a tion: ø‘‘2319B. Unauthorized recording of motion product is brought to market. As such, it is ø‘‘§ 2319B. Unauthorized recording of motion pictures pictures in a motion picture ex- fundamental to the continued economic, so- in a motion picture exhibition facility hibition facility.’’. ø‘‘(a) OFFENSE.—Whoever, without the con- cial, and cultural development of society and øSEC. 4. CRIMINAL INFRINGEMENT OF A COM- deserves the protection of our laws. sent of the copyright owner, knowingly uses MERCIAL PRERELEASE COPY- ø(2) Music, film, software, and all forms of or attempts to use an audiovisual recording RIGHTED WORK. intellectual property represent one of the device in a motion picture exhibition facility øSection 2319 of title 18, United States strongest and most significant sectors of the to transmit or make a copy of a motion pic- Code, is amended— United States economy, as demonstrated by ture or other audiovisual work protected ø(1) by redesignating subsection (e) as sub- the fact that these industries under title 17, United States Code, or any section (f); and ø(A) accounted for more than 5 percent of part thereof, in a motion picture exhibition ø(2) by adding after subsection (d) the fol- the United States Gross Domestic Product facility shall— lowing: ø‘‘(1) be imprisoned for not more than 3 (GDP), or $535,100,000,000 in 2001; ø‘‘(e)(1) For purposes of subsections (b) and ø years, fined under this title, or both; or (B) employ almost 6 percent of all United (c) of this section and of section 506(a) of ø‘‘(2) if the offense is a second or subse- States employment; and title 17, United States Code, in the case of a ø(C) led all major industry sectors in for- quent offense, be imprisoned for no more computer program, a nondramatic musical eign sales and exports in 2001. than 6 years, fined under this title, or both. work, a motion picture or other audio-visual ø(3) In an attempt to combat the growing ø‘‘(b) FORFEITURE AND DESTRUCTION.—When use of the Internet and technology for the il- a person is convicted of a violation of sub- work, or a sound recording protected under legal reproduction and distribution of copy- section (a), the court in its judgment of con- title 17, United States Code, that is being righted materials, Congress unanimously viction shall, in addition to any penalty pro- prepared for commercial distribution, it passed and President Clinton signed the ‘‘No vided, order the forfeiture and destruction or shall be conclusively presumed that a person Electronic Theft’’ or ‘‘NET’’ Act in 1997. The other disposition of all unauthorized copies distributed at least 10 copies or phonorecords NET Act is designed to strengthen copyright of motion pictures or other audiovisual of the work, and that such copies or and trademark laws and to permit the pros- works protected under title 17, United States phonorecords have a total retail value of ecution of individuals in cases involving Code, or parts thereof, and any audiovisual more than $2,500, if that person— ø large scale illegal reproduction or distribu- recording devices or other equipment used in ‘‘(A) distributes such work by making it tion of copyrighted works where the infring- connection with the offense. available on a computer network accessible ers act willfully. ø‘‘(c) AUTHORIZED ACTIVITIES.—This section to members of the public who are able to re- ø(4) Under the NET Act’s requirement of does not prevent any lawfully authorized in- produce the work through such access with- economic harm, investigations by law en- vestigative; protective, or intelligence activ- out the express consent of the copyright forcement of copyright infringements are ity by an officer, agent, or employee of the owner; and particularly resource intensive and pose sig- United States, a State, or a political subdivi- ø‘‘(B) knew or should have known that the nificant challenges. In the interest of broad- sion of a State, or a person acting pursuant work was intended for commercial distribu- er deterrence and in order to facilitate the to a contract with the United States, a tion. prosecution of particularly egregious copy- State, or a political subdivision of a State. ø‘‘(2) For purposes of paragraph (1), a work right violations, it is important to recognize ø‘‘(d) VICTIM IMPACT STATEMENT.— protected under title 17, United States Code, that a significant level of economic harm ø‘‘(1) IN GENERAL.—During the preparation is being prepared for commercial distribu- can be reached by the distribution of so of the presentence report pursuant to rule tion— called ‘‘prelease’’ commercial works. 32(c) of the Federal Rules of Criminal Proce- ø‘‘(A) when at the time of unauthorized ø(5) The use of camcorders and other audio- dure, victims of an offense under this section distribution, the copyright owner had a rea- visual recording devices in movie theaters to shall be permitted to submit to the proba- sonable expectation of substantial commer- make illegal copies of films is posing a seri- tion officer a victim impact statement that cial distribution and the work had not yet ous threat to the motion picture industry. identifies the victim of the offense and the been so distributed; or According to a recent industry study, 92.4 extent and scope of the injury and loss suf- ø‘‘(B) in the case of a motion picture, pro- percent of the first copies of movies avail- fered by the victim, including the estimated tected under title 17, United States Code, able for download on the Internet originate economic impact of the offense on that vic- when at the time of unauthorized distribu- from camcorders. tim. tion, the work had been made available for

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.024 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7525 viewing in motion picture exhibition facili- Strike all after the enacting clause and insert SEC. 3. CRIMINAL PENALTIES FOR UNAUTHOR- ties, but had not been made available to the the following: IZED RECORDING OF MOTION PIC- TURES IN A MOTION PICTURE EXHI- general public in the United States in a for- SECTION 1. SHORT TITLE. mat intended to permit viewing outside mo- BITION FACILITY. tion picture exhibition facilities as defined This Act may be cited as the ‘‘Artists’ Rights (a) IN GENERAL.—Chapter 113 of title 18, in section 2319B.’’. and Theft Prevention Act of 2004’’ or the ‘‘ART United States Code, is amended by adding after Act’’. section 2319A the following new section: øSEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF A COMMERCIAL PRERELEASE COPY- SEC. 2. CONGRESSIONAL FINDINGS. ‘‘§ 2319B. Unauthorized recording of motion RIGHTED WORK. Congress finds the following: pictures in a motion picture exhibition fa- øSection 504(b) of title 17, United States cility (1) Intellectual property— Code, is amended— ‘‘(a) OFFENSE.—Any person who, without the ø(1) by striking the first instance of ‘‘The (A) represents the ideas, imagination and cre- authorization of the copyright owner, know- copyright’’ and inserting the following: ativity needed to innovate long before a product ingly uses or attempts to use an audiovisual re- ø‘‘(1) IN GENERAL. The copyright’’; and (2) is brought to market; cording device to transmit or make a copy of a by adding at the end the following: (B) is fundamental to the continued economic, motion picture or other audiovisual work pro- ø‘‘(2) DAMAGE FOR PRERELEASE INFRINGE- social, and cultural development of society; and tected under title 17, or any part thereof, from MENT.— (C) deserves the protection of our laws. a performance of such work in a motion picture ø‘‘(A) IN GENERAL. In the case of a com- (2) Music, film, software, and all other forms exhibition facility, shall— puter program, a non-dramatic musical ‘‘(1) be imprisoned for not more than 3 years, work, a motion picture or other audiovisual of intellectual property represent one of the strongest and most significant sectors of the fined under this title, or both; or work, or a sound recording protected under ‘‘(2) if the offense is a second or subsequent title 17, United States Code, that is being United States economy, as demonstrated by the fact that these industries— offense, be imprisoned for no more than 6 years, prepared for commercial distribution, actual fined under this title, or both. (A) accounted for more than 5 percent of the damages shall be presumed conclusively to ‘‘(b) FORFEITURE AND DESTRUCTION.—When a United States Gross Domestic Product, or be no less that $2,500 per infringement, if a person is convicted of a violation of subsection $535,100,000,000 in 2001; person— (a), the court in its judgment of conviction ø‘‘(i) distributes such work by making it (B) represent almost 6 percent of all United shall, in addition to any penalty provided, order available on a computer network accessible States employment; and the forfeiture and destruction or other disposi- to members of the public who are able to re- (C) led all major industry sectors in foreign tion of all unauthorized copies of motion pic- produce the work through such access with- sales and exports in 2001. tures or other audiovisual works protected out the express consent of the copyright (3) In an attempt to combat the growing use of under title 17, or parts thereof, and any audio- owner; and the Internet and technology for the illegal re- visual recording devices or other equipment used ø‘‘(ii) knew or should have known that the production and distribution of copyrighted ma- in connection with the offense. work was intended for commercial distribu- terials, Congress unanimously passed and Presi- ‘‘(c) AUTHORIZED ACTIVITIES.—This section tion. dent Clinton signed the ‘‘No Electronic Theft does not prevent any lawfully authorized inves- ø‘‘(B) WORK PREPARED FOR DISTRIBUTION. (NET) Act’’ in 1997. The NET Act is designed to tigative, protective, or intelligence activity by an For purposes of subparagraph (A), a work strengthen copyright and trademark laws and to officer, agent, or employee of the United States, protected under this title is being prepared permit the prosecution of individuals in cases a State, or a political subdivision of a State, or for commercial distribution— a person acting under a contract with the ø involving large-scale illegal reproduction or dis- ‘‘(i) when at the time of unauthorized dis- United States, a State, or a political subdivision tribution, the copyright owner had a reason- tribution of copyrighted works where the in- fringers act willfully. of a State. able expectation of substantial commercial ‘‘(d) IMMUNITY FOR THEATERS.—With reason- distribution and the work had not yet been (4) Under the No Electronic Theft (NET) Act’s economic harm requirement, investigations by able cause, the owner or lessee of a facility so distributed; or where a motion picture is being exhibited, the ø law enforcement of copyright infringements are ‘‘(ii) in the case of a motion picture, pro- authorized agent or employee of such owner or tected under this title, when at the time of particularly resource intensive and pose signifi- cant challenges. In the interest of broader deter- lessee, the licensor of the motion picture being unauthorized distribution, the work had exhibited, or the agent or employee of such li- been made available for viewing in motion rence and in order to facilitate the prosecution of particularly egregious copyright violations, it censor— picture exhibition facilities, but had not ‘‘(1) may detain, in a reasonable manner and is important to recognize that a significant level been made available to the general public in for a reasonable time, any person suspected of a of economic harm can be reached by the dis- the United States in a format intended to violation of this section for the purpose of ques- tribution of prerelease commercial works. permit viewing outside motion picture exhi- tioning or summoning a law enforcement officer; bition facilities as defined in section 2319B of (5) The use of camcorders and other audio- and title 18.’’. visual recording devices in movie theaters to ‘‘(2) shall not be held liable in any civil or SEC. 6. SENTENCING GUIDELINES. make illegal copies of films is posing a serious criminal action arising out of a detention under ø(a) IN GENERAL. Not later than 180 days threat to the motion picture industry. According paragraph (1). after the date of enactment of this Act, the to a recent industry study, 92.4 percent of the ‘‘(e) VICTIM IMPACT STATEMENT.— United States Sentencing Commission first copies of movies available for download on ‘‘(1) IN GENERAL.—During the preparation of shall— the Internet originate from camcorders. the presentence report under rule 32(c) of the ø(1) review the Federal sentencing guide- (6) Given the difficulty of enforcement, online Federal Rules of Criminal Procedure, victims of lines with respect to offenses involving the theft of music, film, software, and all forms of an offense under this section shall permitted to illegal reproduction and distribution of copy- intellectual property continues to rise. The neg- submit to the probation officer a victim impact righted works in violation of Federal law, in- ative effects on this large segment of the United statement that identifies the victim of the of- cluding violations of section 2319 and section States economy are significant, as exemplified fense and the extent and scope of the injury and 2319B of title 18, United States Code; by almost a 31 percent drop in sales for the loss suffered by the victim, including the esti- ø(2) amend the Federal sentencing guide- music industry from the middle of 2000 to the mated economic impact of the offense on that lines, as necessary, to provide for increased middle of 2003. victim. penalties for offenses involving the illegal (7) Federal legislation is necessary and war- ‘‘(2) CONTENTS.—A victim impact statement reproduction and distribution of works pro- ranted to combat the most egregious forms of on- submitted under this subsection shall include— tected under title 17, United States Code, in line theft of intellectual property and its signifi- ‘‘(A) producers and sellers of legitimate works a manner that reflects the serious nature of, cant, negative economic impact on the United affected by conduct involved in the offense; and need to deter, such offenses; States economy because— ‘‘(B) holders of intellectual property rights in ø(3) submit a report to Congress that de- the works described in subparagraph (A); and (A) Article 1, section 8 of the United States tails its findings and amendments; and ‘‘(C) the legal representatives of such pro- Constitution gives Congress the power ‘‘[t]o pro- ø(4) take such other action that the Com- ducers, sellers, and holders. mote the Progress of Science and useful Arts, by mission considers necessary to carry out this ‘‘(f) DEFINITIONS.—In this section, the fol- securing for limited Times to Authors and In- Act. lowing definitions shall apply: ventors the exclusive Right to their respective ø(b) CONSULTATION.—In carrying out this ‘‘(1) TITLE 17 DEFINITIONS.—The terms ‘audio- section, the United States Sentencing Com- Writings and Discoveries,’’ as well as the power visual work’, ‘copy’, ‘copyright owner’, ‘motion mission shall seek input from the Depart- ‘‘[t]o regulate Commerce with foreign nations, picture’, ‘motion picture exhibition facility’, and ment of Justice, copyright owners, and other and among the several States.’’; ‘transmit’ have, respectively, the meanings interested parties. (B) the importance of the music, film, software given those terms in sections 101 of title 17. øSEC. 7. AUTHORIZATION. and other intellectual property-based industries ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The øThere is authorized to be appropriated to to the overall health of the United States econ- term ‘audiovisual recording device’ means a dig- the Department of Justice an additional omy is well documented and significant; and ital or analog photographic or video camera, or $5,000,000 for each of fiscal years 2005, 2006, (C) theft and unauthorized distribution of in- any other technology or device capable of ena- 2007, 2008, and 2009 to prosecute violations of tellectual property across State and inter- bling the recording or transmission of a copy- section 2319 of title 18, United States Code.¿ national lines occurs on a regular basis. righted motion picture or other audiovisual

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\CR\FM\A25JN6.031 S25PT1 S7526 CONGRESSIONAL RECORD — SENATE June 25, 2004

work, or any part thereof, regardless of whether ‘‘(1) shall be imprisoned not more than 3 (b) AUTHORIZATION.—The United States Sen- audiovisual recording is the sole or primary pur- years, fined under this title or both; tencing Commission may amend the Federal sen- pose of the device.’’. ‘‘(2) shall be imprisoned not more than 5 tencing guidelines in accordance with the proce- (b) CLERICAL AMENDMENT.—The table of sec- years, fined under this title, or both, if the of- dures set forth in section 21(a) of the Sentencing tions at the beginning of chapter 113 of title 18, fense was committed for purposes of commercial Act of 1987 (28 U.S.C. 994 note) as though the United States Code, is amended by inserting advantage or private financial gain; authority under that section had not expired. after the item relating to section 2319A the fol- ‘‘(3) shall be imprisoned not more than 6 (c) RESPONSIBILITIES OF UNITED STATES SEN- lowing: years, fined under this title, or both, if the of- TENCING COMMISSION.—In carrying out this sub- ‘‘2319B. Unauthorized recording of motion pic- fense is a second or subsequent offense; and section, the United States Sentencing Commis- tures in a motion picture exhi- ‘‘(4) shall be imprisoned not more than 10 sion shall— bition facility.’’. years, fined under this title, or both, if the of- (1) take all appropriate measures to ensure fense is a second or subsequent offense under that the Federal sentencing guidelines and pol- ‘‘(c) DEFINITION.—Section 101 of title 17, paragraph (2).’’; and icy statements described in subsection (a) are United States Code, is amended by inserting (6) in subsection (f), as redesignated— sufficiently stringent to deter, and adequately after the definition of ‘‘Motion pictures’’ the fol- (A) in paragraph (1), by striking ‘‘and’’ at the reflect the nature of, intellectual property rights lowing: end; crimes; ‘‘The term ‘motion picture exhibition facility’ (B) in paragraph (2), by striking the period at (2) determine whether to provide a sentencing means a movie theater, screening room, or other the end and inserting a semicolon; and enhancement for those convicted of the offenses venue that is being used primarily for the exhi- (C) by adding at the end the following: described in subsection (a), if the conduct in- bition of a copyrighted motion picture, if such ‘‘(3) the term ‘financial gain’ has the meaning volves the display, performance, publication, re- exhibition is open to the public or is made to an given the term in section 101 of the title 17; and production, or distribution of a copyrighted assembled group of viewers outside of a normal ‘‘(4) the term ‘work being prepared for com- work before it has been authorized by the copy- circle of a family and its social acquaintances.’’. mercial distribution’ has the meaning given the right owner, whether in the media format used SEC. 4. CRIMINAL INFRINGEMENT OF A WORK term in section 506(a) of title 17.’’. by the infringing party or in any other media BEING PREPARED FOR COMMERCIAL SEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF DISTRIBUTION. format; A WORK BEING PREPARED FOR COM- (3) determine whether the scope of (a) PROHIBITED ACTS.—Seciton 506(a) of title MERCIAL DISTRIBUTION. ‘‘uploading’’ set forth in application note 3 of 17, United States Code, is amended to read as (a) PREREGISTRATION.—Section 408 of title 17, section 2B5.3 of the Federal sentencing guide- follows: United States Code, is amended by adding at the lines is adequate to address the loss attributable ‘‘(a) CRIMINAL INFRINGEMENT.— end the following: to people who broadly distribute copyrighted ‘‘(1) IN GENERAL.—Any person who willfully ‘‘(f) PREREGISTRATION OF WORKS BEING PRE- infringes a copyright shall be punished as pro- works without authorization over the Internet; PARED FOR COMMERCIAL DISTRIBUTION.— vided under section 2319 of title 18, if the in- and ‘‘(1) RULEMAKING.—Not later than 180 days (4) determine whether the sentencing guide- fringement was committed— after the date of enactment of this Act, the Reg- ‘‘(A) for purposes of commercial advantage or lines and policy statements applicable to the of- ister of Copyrights shall issue regulations to es- private financial gain; fenses described in subsection (a) adequately re- tablish procedures for preregistration of a work ‘‘(B) by the reproduction or distribution, in- flect any harm to victims from copyright in- that is being prepared for commercial distribu- cluding by electronic means, during any 180-day fringement if law enforcement authorities can- tion and has not been published. period, of 1 or more copies or phonorecords of 1 not determine how many times copyright mate- ‘‘(2) CLASS OF WORKS.—The regulations estab- or more copyrighted works, which have a total rial has been reproduced or distributed. lished under paragraph (1) shall permit retail value of more than $1,000; or SEC. 7. AUTHORIZATION OF APPROPRIATIONS. preregistration for any work that is in a class of ‘‘(C) by the distribution of a work being pre- There are authorized to be appointed to the works that the Register determines has had a pared for commercial distribution, by making it Department of Justice $5,000,000 for each of the history of infringement prior to authorized com- available on a computer network accessible to fiscal years 2005, 2006, 2007, 2008, and 2009 to mercial distribution. members of the public if such person knew or prosecute violations of intellectual property ‘‘(3) APPLICATION FOR REGISTRATION.—Not should have known that the work was intended rights as set forth under sections 2318, 2319, later than 3 months after the first publication of for commercial distribution. 2319A, 2319B, and 2320 of title 18, United States the work, the applicant shall submit to the ‘‘(2) EVIDENCE.—For purposes of this sub- Code. Copyright Office— section, evidence of reproduction or distribution ‘‘(A) an application for registration of the Mr. LEAHY. Madam President, I am of a copyrighted work, by itself, shall not be work; glad that the Senate can today pass sufficient to establish willful infringement of a ‘‘(B) a deposit; and the ART Act, a piece of legislation that copyright. ‘‘(C) the applicable fee. will help protect America’s movies ‘‘(3) DEFINITION.—In this subsection, the term ‘‘(4) EFFECT OF UNTIMELY APPLICATION.—An ‘work being prepared for commercial distribu- from a form of piracy that has become action for infringement under this chapter shall all too prevalent. This legislation will tion’ means— be dismissed, and no award of statutory dam- ‘‘(A) a computer program, a musical work, a provide law enforcement with another ages or attorney fees shall be made for a motion picture or other audiovisual work, or a preregistered work, if the items described in important tool in fighting the harms sound recording, if at the time of unauthorized paragraph 3 are not submitted to the Copyright wreaked by intellectual property theft, distribution— Office in proper form within the earlier of— which robs our innovators—not to ‘‘(i) the copyright owner has a reasonable ex- ‘‘(A) 3 months after the first publication of the mention all those working behind the pectation of commercial distribution; and work; or ‘‘(ii) the copies or phonorecords of the work scenes—of compensation owed to them ‘‘(B) 1 month after the copyright owner has have not been commercially distributed; or for producing films that carry Amer- learned of the infringement.’’. ‘‘(B) a motion picture, if at the time of unau- ican culture around the globe. The Mo- (b) INFRINGEMENT ACTIONS.—Section 411(a) of thorized distribution, the motion picture— title 17, United States Code, is amended by in- tion Picture Association of America es- ‘‘(i) has been made available for viewing in a serting ‘‘preregistration or’’ after ‘‘shall be insti- timates that the movie industry loses motion picture exhibition facility; and $3 billion worldwide to piracy each and ‘‘(ii) has not been made available in copies for tuted until’’. (c) EXCLUSION.—Section 412 of title 17, United sale to the general public in the United States in every year. States Code, is amended by inserting ‘‘, an ac- a format intended to permit viewing outside a Too often, we think of movie piracy tion for infringement of the copyright of a work motion picture exhibition facility.’’. as a disease whose symptoms are mani- that has been preregistered under section 408(f) (b) CRIMINAL PENALTIES.—Section 2319 of title fest only in foreign territories. While it 18, United States Code, is amended— before the commencement of the infringement’’ is true that much of the movie indus- after ‘‘section 106A(a)’’. (1) in subsection (a)— try’s losses occur due to lax intellec- (A) by striking ‘‘Whoever’’ and inserting SEC. 6. FEDERAL SENTENCING GUIDELINES. tual property enforcement in countries (a) REVIEW AND AMENDMENT.—Not later than ‘‘Any person who’’; and where the authorities are either ill- (B) by striking ‘‘and (c) of this section’’ and 180 days after the date of enactment of this Act, inserting ‘‘, (c), and (d)’’; the United States Sentencing Commission, pur- equipped or disinclined to enforce cre- (2) in subsection (b), by striking ‘‘section suant to its authority under section 994 of title ators’ rights, there is much we can do 506(a)(1)’’ and inserting ‘‘section 506(a)(1)(A); 28, United States Code, and in accordance with in this country to get our own IP house (3) in subsection (c), by striking ‘‘section this section, shall review and, if appropriate, in order. 506(a)(2) of title 17, United States Code’’ and in- amend the Federal sentencing guidelines and I appreciate that Senator HATCH, serting ‘‘section 506(a)(1)(B) of title 17’’; policy statements applicable to persons con- Senator FEINSTEIN, and Senator (4) by redesignating subsections (d) and (e) as victed of intellectual property rights crimes, in- CORNYN have been so willing to address subsections (e) and (f), respectively; cluding any offense under— (5) by adding after subsection (c) the fol- (1) section 506, 1201, or 1202 of title 17, United my concerns that the bill as introduced lowing: States Code; or might inadvertently have a negative ‘‘(d) Any person who commits an offense (2) section 2318, 2319, 2319A, 2319B, or 2320 of impact on the TEACH Act. In the 107th under section 506(a)(1)(C) of title 17— title 18, United States Code. Congress, Senator HATCH and I worked

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.033 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — SENATE S7527 to pass the TEACH Act, which ensured SEC. 3. AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Without that educators could use limited por- There are authorized to be appropriated— objection, it is so ordered. tions of dramatic literary and musical (1) $5,000,000 to establish the national data- The bill (H.R. 1731) was read the third ø ¿ works, audiovisual works, and sound base authorized by this Act; and time and passed. (2) such sums as are necessary to operate and recordings, in addition to the complete maintain the national database authorized by f versions of non-dramatic literary and this Act; and MEASURE READ THE FIRST musical works that were already per- ø ¿ (2) (3) $5,000,000 to provide grants to TIME—H.R. 4359 mitted, and that they could use the States øand colleges and universities,¿ col- Internet to do so. leges and universities, libraries, and museums to Mr. FRIST. Madam President, I un- I also appreciate my colleagues’ will- preserve local records of servitude and eman- derstand that H.R. 4359 is at the desk, ingness to eliminate the presumptions cipation. and I ask for its first reading. in the criminal liability provisions, Mr. FRIST. Madam President, I ask The PRESIDING OFFICER. The and to take up the Copyright Office’s unanimous consent that the committee clerk will report the bill by title. creative ideas for addressing pre-re- amendments be agreed to, the bill, as The legislative clerk read as follows: lease works. amended, be read a third time and A bill (H.R. 4359) to amend the Internal Were it not for their willingness to passed, the motions to reconsider be Revenue Code of 1986 to increase the child address these concerns, I would not laid upon the table, and that any state- tax credit. have been able to offer my support for ments relating to the bill be printed in Mr. FRIST. Madam President, I ask this bill. I thank my colleagues for the RECORD. for its second reading, and in order to their assurances as well as for their The PRESIDING OFFICER. Without place the bill on the calendar under hard work in gaining passage of this objection, it is so ordered. provisions of rule XIV, I object to fur- important legislation. The committee amendments were ther proceedings on this matter. Mr. FRIST. I ask unanimous consent agreed to. The PRESIDING OFFICER. Objec- that the committee substitute amend- The bill (S. 1292), as amended, was tion is heard. The bill will receive its ment be adopted, the bill, as amended, read the third time and passed, as fol- second reading on the next legislative be read the third time and passed, the lows: day. motion to reconsider be laid on the S. 1292 f table, and any statements be printed in Be it enacted by the Senate and House of Rep- MEASURE PLACED ON THE the RECORD. resentatives of the United States of America in CALENDAR—H.R. 1218 The PRESIDING OFFICER. Without Congress assembled, objection, it is so ordered. SECTION 1. SHORT TITLE. Mr. FRIST. Madam President, I un- The committee amendment in the This Act may be cited as the ‘‘Servitude derstand there is a bill at the desk nature of a substitute was agreed to. and Emancipation Archival Research Clear- which is due for a second reading. The bill (S. 1932), as amended, was ingHouse Act of 2004’’ or the ‘‘SEARCH Act The PRESIDING OFFICER. The read the third time, and passed. of 2004’’. clerk will read the bill for the second SEC. 2. ESTABLISHMENT OF DATABASE. f time by title. (a) IN GENERAL.—The Archivist of the The legislative clerk read as follows: SERVITUDE AND EMANCIPATION United States shall establish, as a part of the National Archives, a national database con- A bill (H.R. 1218) to require contractors ARCHIVAL RESEARCH CLEARING- with the Federal Government to possess a HOUSE ACT OF 2005 sisting of historic records of servitude and emancipation in the United States to assist satisfactory record of integrity and business Mr. FRIST. Madam President, I ask African Americans in researching their gene- ethics. unanimous consent that the Senate alogy. Mr. FRIST. Madam President, I ob- now proceed to the immediate consid- (b) MAINTENANCE.—The database estab- ject to further proceedings on the eration of Calendar No. 589, S. 1292. lished by this Act shall be maintained by the measure at this time in order to place The PRESIDING OFFICER. The National Historical Publications and the bill on the calendar under the pro- clerk will report the bill by title. Records Commission. visions of rule XIV. The legislative clerk read as follows: SEC. 3. AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Objec- There are authorized to be appropriated— tion is heard. The bill will be placed on A bill (S. 1292) to establish a servitude and (1) $5,000,000 to establish the national data- emancipation archival research clearing- base authorized by this Act; the calendar. house in the National Archives. (2) such sums as are necessary to operate f There being no objection, the Senate and maintain the national database author- TRIBAL FOREST PROTECTION ACT ized by this Act; and proceeded to consider the bill had been OF 2004 reported from the Committee on Gov- (3) $5,000,000 to provide grants to States, ernmental Affairs, with amendments, colleges and universities, libraries, and mu- Mr. FRIST. Madam President, I ask as follows: seums to preserve local records of servitude unanimous consent that the Senate and emancipation. [Strike the parts shown in black now proceed to consideration of H.R. brackets and insert the parts shown in f 3846 which is at the desk. italic.] IDENTITY THEFT PENALTY The PRESIDING OFFICER. The S. 1292 ENHANCEMENT ACT clerk will report the bill by title. The legislative clerk read as follows: Be it enacted by the Senate and House of Rep- Mr. FRIST. I ask unanimous consent A bill (H.R. 3846) to authorize the Sec- resentatives of the United States of America in that the Senate proceed to the imme- Congress assembled, retary of Agriculture and the Secretary of diate consideration of H.R. 1731, which the Interior to enter into an agreement or SECTION 1. SHORT TITLE. is at the desk. contract with Indian tribes meeting certain This Act may be cited as the ‘‘Servitude The PRESIDING OFFICER. The criteria to carry out projects to protect In- and Emancipation Archival Research Clear- dian forest land. ingHouse Act of 2003’’ or the ‘‘SEARCH Act clerk will report the bill by title. of 2003’’. The legislative clerk read as follows: There being no objection, the Senate SEC. 2. ESTABLISHMENT OF DATABASE. A bill (H.R. 1731) to amend title 18, United proceeded to consider the bill. (a) IN GENERAL.—The Archivist of the States Code, to establish penalties for aggra- Mr. FRIST. I ask unanimous consent United States shall establish, as a part of the vated identity theft, and for other purposes. the bill be read the third time and National Archives, a national database con- There being no objection, the Senate passed, the motion to reconsider be sisting of historic records of servitude and proceeded to consider the bill. laid upon the table, and any state- emancipation in the United States to assist Mr. FRIST. Madam President, I ask ments related to the bill be printed in African Americans in researching their gene- unanimous consent that the bill be the RECORD. alogy. (b) MAINTENANCE.—The database estab- read a third time and passed, the mo- The PRESIDING OFFICER. Without lished by this Act shall be maintained by the tion to reconsider be laid upon the objection, it is so ordered. National Historical Publications and table, and that any statements relating The bill (H.R. 3846) was read the third Records Commission. to the bill be printed in the RECORD. time and passed.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.025 S25PT1 S7528 CONGRESSIONAL RECORD — SENATE June 25, 2004 ORDERS FOR TUESDAY, JULY 6, ate stand in adjournment under the RALPH LEO BOYCE, JR., OF VIRGINIA, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- 2004 provisions of S. Con. Res. 120. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- There being no objection, the Senate, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Mr. FRIST. I ask unanimous consent at 11:40 a.m., adjourned until Tuesday, OF AMERICA TO THE KINGDOM OF THAILAND. when the Senate completes its business JOHN MARSHALL EVANS, OF THE DISTRICT OF COLUM- July 6, 2004, at 9:45 a.m. BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- today, it adjourn until 9:45 a.m. on ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- Tuesday, July 6. I further ask that fol- f SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF lowing the prayer and the pledge, the CONFIRMATIONS ARMENIA. morning hour be deemed expired, the TOM C. KOROLOGOS, OF THE DISTRICT OF COLUMBIA, Executive nominations confirmed by TO BE AMBASSADOR EXTRAORDINARY AND PLENI- Journal of proceedings be approved to the Senate June 25, 2004: POTENTIARY OF THE UNITED STATES OF AMERICA TO date, the time for the two leaders be DEPARTMENT OF STATE BELGIUM. reserved for their use later in the day, DOUGLAS L. MCELHANEY, OF FLORIDA, A CAREER JAMES FRANCIS MORIARTY, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF and the Senate then proceed to execu- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- tive session as provided earlier. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO BOSNIA AND HERZEGOVINA. I further ask consent that the Senate OF AMERICA TO THE KINGDOM OF NEPAL. WILLIAM T. MONROE, OF VIRGINIA, A CAREER MEMBER recess from 12:30 until 2:15 p.m. for the BENJAMIN A. GILMAN, OF NEW YORK, TO BE A REP- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- RESENTATIVE OF THE UNITED STATES OF AMERICA TO COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND weekly party luncheons. THE FIFTY-EIGHTH SESSION OF THE GENERAL ASSEM- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA The PRESIDING OFFICER. Without BLY OF THE UNITED NATIONS. TO THE KINGDOM OF BAHRAIN. ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER THE ABOVE NOMINATIONS WERE APPROVED SUBJECT objection, it is so ordered. OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- MINISTER, TO BE DEPUTY REPRESENTATIVE OF THE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY f UNITED STATES OF AMERICA TO THE UNITED NATIONS, CONSTITUTED COMMITTEE OF THE SENATE. WITH THE RANK AND STATUS OF AMBASSADOR EX- JACKSON MCDONALD, OF FLORIDA, A CAREER MEMBER PROGRAM TRAORDINARY AND PLENIPOTENTIARY, AND THE DEP- OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- UTY REPRESENTATIVE OF THE UNITED STATES OF SELOR, TO BE AMBASSADOR EXTRAORDINARY AND Mr. FRIST. On Tuesday, July 6, the AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Senate will be in executive session for TIONS. TO THE REPUBLIC OF GUINEA. ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER JAMES D. MCGEE, OF FLORIDA, A CAREER MEMBER OF the consideration of a district court OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, nomination. We would expect a vote on MINISTER, TO BE A REPRESENTATIVE OF THE UNITED TO BE AMBASSADOR EXTRAORDINARY AND PLENI- STATES OF AMERICA TO THE SESSIONS OF THE GEN- POTENTIARY OF THE UNITED STATES OF AMERICA TO the nomination Tuesday afternoon be- ERAL ASSEMBLY OF THE UNITED NATIONS DURING HER THE REPUBLIC OF MADAGASCAR. TENURE OF SERVICE AS DEPUTY REPRESENTATIVE OF JOYCE A. BARR, OF WASHINGTON, A CAREER MEMBER tween 5 and 5:45. We will also begin THE UNITED STATES OF AMERICA TO THE UNITED NA- OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- TIONS. consideration of the class action fair- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND JOSEPH D. STAFFORD III, OF FLORIDA, A CAREER MEM- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ness legislation. I encourage Members BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- TO THE REPUBLIC OF NAMIBIA. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- to be ready Tuesday evening and JUNE CARTER PERRY, OF THE DISTRICT OF COLUMBIA, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, through the week for discussion on the OF AMERICA TO THE REPUBLIC OF GAMBIA. CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- LEWIS W. LUCKE, OF TEXAS, A CAREER MEMBER OF class action bill. As I mentioned ear- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- OF AMERICA TO THE KINGDOM OF LESOTHO. lier, this bill has strong bipartisan sup- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND R. BARRIE WALKLEY, OF CALIFORNIA, A CAREER MEM- port. I hope we can begin work quickly PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF SWAZILAND. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- on the bill and complete action on the R. NIELS MARQUARDT, OF CALIFORNIA, A CAREER ISTER COUNSELOR, TO BE AMBASSADOR EXTRAOR- bill in a reasonable timeframe. It is an MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DINARY AND PLENIPOTENTIARY OF THE UNITED STATES COUNSELOR TO BE AMBASSADOR EXTRAORDINARY AND OF AMERICA TO THE GABONESE REPUBLIC, AND TO important piece of legislation and one PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- many Members feel very strongly TO THE REPUBLIC OF CAMEROON, AND TO SERVE CON- PENSATION AS AMBASSADOR EXTRAORDINARY AND CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA about and look forward to completing. AS AMBASSADOR EXTRAORDINARY AND PLENI- TO THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRIN- We will have votes throughout the POTENTIARY OF THE UNITED STATES OF AMERICA TO CIPE. THE REPUBLIC OF EQUATORIAL GUINEA. CYNTHIA G. EFIRD, OF THE DISTRICT OF COLUMBIA, A week as we return to business fol- CHARLES P. RIES, OF THE DISTRICT OF COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, lowing the Fourth of July break. It CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE will be a very busy week with time EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF AN- spent on class action. UNITED STATES OF AMERICA TO GREECE. GOLA. SUZANNE HALE, OF VIRGINIA, A CAREER MEMBER OF CHRISTOPHER WILLIAM DELL, OF NEW JERSEY, A CA- f THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- REER MEMBER OF THE SENIOR FOREIGN SERVICE, ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR ADJOURNMENT UNTIL 9:45 A.M., IPOTENTIARY OF THE UNITED STATES OF AMERICA TO EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE FEDERATED STATES OF MICRONESIA. UNITED STATES OF AMERICA TO THE REPUBLIC OF TUESDAY, JULY 6, 2004 WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- ZIMBABWE. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- FOREIGN SERVICE NOMINATIONS BEGINNING ROBERT Mr. FRIST. If there is no further ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- H. HANSON AND ENDING DONNA M. BLAIR, WHICH NOMI- business to come before the Senate, I DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NATIONS WERE RECEIVED BY THE SENATE AND AP- OF AMERICA TO THE BOLIVARIAN REPUBLIC OF VEN- PEARED IN THE CONGRESSIONAL RECORD ON MAY 18, ask unanimous consent that the Sen- EZUELA. 2004.

VerDate May 21 2004 06:11 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 9801 E:\CR\FM\G25JN6.040 S25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1237 EXTENSIONS OF REMARKS

PROVIDE VETERANS WITH BEST PAYING TRIBUTE TO TAMERA school education. After graduating from Bell HEALTH CARE AND HIGHEST BICKETT Street High School, he enrolled at Allen Uni- COMPENSATION versity, where he received the Bachelor of HON. SCOTT McINNIS Arts degree. He later received a Master of Sa- OF COLORADO cred Theology degree from Boston University. HON. RODNEY ALEXANDER Called to preach at the age of 12, Bishop IN THE HOUSE OF REPRESENTATIVES OF LOUISIANA Byrd was licensed to preach at the age of 17. Wednesday, June 23, 2004 IN THE HOUSE OF REPRESENTATIVES His ministry included pastorates at Macedonia Mr. MCINNIS. Mr. Speaker, I would like to AME Church in Seaford, Delaware (1954– Wednesday, June 23, 2004 take this opportunity to pay tribute to the life 1959); St. Paul AME Church in Hamilton, Ber- and legacy of Tamera ‘‘Tami’’ Bickett of Pow- muda (1959–1966); and Macedonia AME Mr. ALEXANDER. Mr. Speaker I rise today ell Butte, Oregon. Tami bravely battled the Church in Camden, New Jersey (1979–1984). in the spirit of Independence Day to recognize Storm King Mountain Fire outside the town of He also served as Presiding Elder of the New- the will and strength of our men and women Glenwood Springs, Colorado in 1994, but suc- ark District from 1966–1967. in uniform as they fought in wars past and cumbed to the blaze along with thirteen fellow Bishop Byrd was elected the 105th Bishop continue to maintain our commitment to de- firefighters while working to protect the City. I of the African Methodist Episcopal Church at mocracy throughout the world. Our veterans personally served as a firefighter and under- 1984 General Conference and was assigned are living examples of the ideals of our found- stand the risks they face each and every day. the 14th Episcopal District. He initiated numer- ing fathers and it is those same ideals that are Witnessing the awful inferno that fateful July ous projects under his administration—one in inspiring a new generation of veterans. day, I know Tami and her comrades battled particular was the Frank Curtis Cummings More than 300 years ago, the first genera- the fire with the utmost courage and valor. Health Clinic, which was built in Monrovia, Li- tion of American veterans fought a war to es- With the tenth anniversary of the Storm King beria. tablish our sovereignty. Along with our inde- Fire approaching, I believe it appropriate to During his tenure he presided over the 16th, pendence came the understanding that Amer- recognize the sacrifice Tami and the Storm 13th, and 5th Episcopal Districts, where his ica would need protection, and we would need King Firefighters made on behalf of a grateful mission continued to be saving souls for the a constant military force to ensure the preser- community, state and nation. building of God’s kingdom. His motto is ‘‘Un- vation of these freedoms. Americans an- Born and raised in Lebanon, Oregon, Tami less souls are saved, nothing is saved!’’ swered the call to duty, and the willingness of was a competitive athlete in high school, par- Bishop Byrd holds memberships in the our troops to boldly go into harms way in the ticipating on the cross-country and volleyball NAACP, Phi Beta Sigma Fraternity, Inc., and defense of democracy has not wavered. teams. In her senior year of high school, she the Royal Lodge of Scotland. As our nation’s veterans volunteered to risk represented her community as a Strawberry Bishop Byrd is married to Theora Lindsey their lives for our protection, our country and Festival princess. Tami joined the U.S. Forest Byrd. They are the parents of four. its leaders have an obligation to provide them Service in 1988, and was a Squad Boss for Mr. Speaker, I ask you and my colleagues with the care and resources they need and the Prineville Hotshots, an elite group of fire- to join me in paying tribute to Bishop Vernon are entitled to once they retire. Veterans have fighters who specialize in wildland fire sup- Randolph Byrd upon his retirement from the made significant, personal sacrifices and have pression. She enjoyed the challenging rigors Bishopric. He has provided tremendous lead- earned the very best we can offer them. of fighting fires, even when injuries sustained ership for the AME Church, and his long his- Yesterday marked the 60th anniversary of on the job made her work difficult. She was a tory of educational leadership and service will the GI Bill, an important step our leaders took dedicated member of her crew, and received influence future generations for ages to come. to recognize the commitment we owe our vet- a great deal of satisfaction from helping oth- AME founder Richard Allen would be deeply erans. Because of the GI Bill, our veterans ers. Above all, she was devoted to her family proud of his Episcopal descendent. were given assistance with the costs of a col- and friends. f lege education and helped with the purchase Mr. Speaker, it is an honor to rise before A TRIBUTE IN HONOR OF 2004 of a home or business. this body of Congress and this nation to pay LEGRAND SMITH OUTSTANDING A lot was done, but there is still much to do. tribute to the life and memory of Firefighter Tamera Bickett. Tami personified the Hotshots TEACHER AWARD WINNER LOLA Health benefits need improving, the Widow’s COLLINS OF PARMA, MICHIGAN Tax and Disabled Veterans Tax need ending credo of Safety, Teamwork and Profes- and education benefits should still be ex- sionalism; putting herself in harm’s way for un- panded. We cannot increase their costs for familiar people and places. She made the ulti- HON. NICK SMITH health care, and we must not cut funding to mate sacrifice doing what she loved, and I, OF MICHIGAN their system. along with the Glenwood Springs community IN THE HOUSE OF REPRESENTATIVES and the State of Colorado are eternally grate- Wednesday, June 23, 2004 George Washington said ‘‘the willingness ful to this brave young woman. with which our young people are likely to f Mr. SMITH of Michigan. Mr. Speaker, edu- serve in any war, no matter how justified, shall cation is the key to our Nation’s future pros- be directly proportional to how they perceive TRIBUTE TO BISHOP VERNON perity and security. The formidable responsi- the veterans of earlier wars were treated and RANDOLPH BYRD bility of molding and inspiring young minds to appreciated by their nation.’’ Our nation’s vet- the avenues of hope, opportunity and achieve- erans served and protected us, and they in- HON. JAMES E. CLYBURN ment partially rests in the hands of our teach- spired the soldiers who responded to the call OF SOUTH CAROLINA ers. Today, I would like to recognize a teacher after them. They fought for our country, for the IN THE HOUSE OF REPRESENTATIVES from Parma, Michigan that significantly influ- continued prosperity of our government, and enced and motivated exceptional students in once their service has ended, they should not Wednesday, June 23, 2004 academics and leadership who were winners have to fight the government for the benefits Mr. CLYBURN. Mr. Speaker, I rise today to of the LeGrand Smith Scholarship. they deserve. pay tribute to Bishop Vernon Randolph Byrd, Lola Collins teaches fourth and fifth grade at I call on my colleagues in Congress to con- one of eight legendary leaders of the African Parma Elementary in Parma. She is credited tinue to work together to provide veterans with Methodist Episcopal Church (AME) who will with instilling in students an enthusiasm for not the best healthcare and the highest com- be retiring at this year Quadrennial Con- only these subjects, but also for life. As one of pensation, as it is the least they have earned ference in Indianapolis, Indiana. A native of her students, Kelli McCarrell, said, ‘‘She for their years of service. South Carolina, Bishop Byrd received a public showed me how to be who I am, and not be

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

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.066 E25PT1 E1238 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 afraid of experiences. Because she was my Springs community and the State of Colorado TRIBUTE TO BISHOP FREDERICK teacher for two years, she watched me grow are eternally grateful to this brave man. HILLBORN TALBOT up. Both of these years, she encouraged my curiosity for life and my energetic passion for f HON. JAMES E. CLYBURN knowledge—it is her influence that has helped OF SOUTH CAROLINA me become who I am today.’’ The respect and CELEBRATING GALESVILLE IN THE HOUSE OF REPRESENTATIVES gratitude of her students speaks well of Lola’s SESQUICENTENNIAL Wednesday, June 23, 2004 ability to challenge young minds and encour- age them to always put forth their best effort. Mr. CLYBURN. Mr. Speaker, I rise today to Lola Collins’ extraordinary work as a teacher HON. RON KIND pay tribute to Bishop Frederick Hillborn Talbot, has challenged and inspired countless stu- one of eight legendary leaders of the African OF WISCONSIN dents to move beyond the teenage tendency Methodist Episcopal Church (AME) who will of superficial study and encourage them to IN THE HOUSE OF REPRESENTATIVES be retiring at this year’s Quadrennial Con- ference in Indianapolis, Indiana. foster deeper thought and connections to the Wednesday, June 23, 2004 Bishop Talbot is a graduate of Allen Univer- real world. Arguably, no profession is more im- sity located in the Sixth Congressional District portant because of its daily influence upon the Mr. KIND. Mr. Speaker, it is with great of South Carolina which I proudly represent in future leaders of our community and our coun- pleasure that I rise before you today to honor this august body. He also matriculated at Yale try, and Lola’s impact on her students is cer- the historic village of Galesville, Wisconsin. On Divinity School, Pacific School of Religion, and tainly worthy of recognition. June 26, 2004, Galesville will be celebrating Columbia Theological Seminary. He com- On behalf of the Congress of the United its 150th anniversary, and activities will include pleted further postgraduate work at Teachers States of America, I am proud to extend our the opening of a capsule that was buried fifty College, Columbia University, and as a Resi- highest praise to Lola Collins. We thank her years ago on the town’s 100th anniversary. dent Fellow at Harvard University in the fall of for her continuing dedication to teaching and 1989. her willingness and ability to challenge and in- This quaint community in western Wisconsin Bishop Talbot has served in the 6th, 16th, spire students to strive for success. overlooks Lake Marinuka and sits among roll- and 12th Episcopal Districts since being elect- f ing hills, towering cliffs, forests and spring-fed ed the 90th Bishop of the AME Church in streams. The first settlers of the Galesville 1972. He has also served as the denomina- PAYING TRIBUTE TO RICHARD area were the Native Americans, who planted tion’s Ecumenical Officer. Bishop Talbot cur- TYLER their history on the same soil the town of rently serves in the 13th Episcopal District, Galesville rests today. The influence of the which includes the States of Kentucky and HON. SCOTT McINNIS Native Americans remains strong; this is ap- Tennessee. He is second in the Church’s se- OF COLORADO parent in the naming of Lake Marinuka, which niority of Bishops. IN THE HOUSE OF REPRESENTATIVES was named after the legend of Princess Marie In 1996, Bishop Talbot edited the Book of Wednesday, June 23, 2004 Nounko, who was the granddaughter of the Original Prayers, which served as an official Great Chief Decorah, the chief of the Winne- document for the 45th Session of the AME Mr. MCINNIS. Mr. Speaker, I would like to bago tribe. Princess Marie’s grave lies at the Church’s General Conference. He also au- take this opportunity to pay tribute to the life thored New Eyes for Seeing (1998), Walking and legacy of Richard Tyler of Grand Junction, north end of the lake, where she was buried in 1884. In addition, the town of Galesville is Through A Service of Worship in the AME Colorado. Rich bravely battled the Storm King Church (2000), and God’s Fearless Prophet blessed with a unique 100 year old bowstring Mountain Fire outside the town of Glenwood (2002). Bishop Talbot has composed several bridge, located alongside the historic Springs, Colorado in 1994, but succumbed to tunes and texts—one of which was included in the blaze along with thirteen fellow firefighters McGilvray Road. RISK, the worship book used by the World while working to protect the City. I personally Judge George Gale founded Gales College Council of Churches for its 5th Assembly held served as a firefighter and understand the 150 years ago; soon after the town was born. in Nairobi, Kenya. Three of his texts are found risks they face each and every day. Wit- In 1869, Rev. D.O. Van Slyke, circuit-riding in the AME Church Hymnal. nessing the awful inferno that fateful July day, preacher and Civil War veteran, believed Prior to being called to the ministry, Bishop I know Rich and his comrades battled the fire Galesville was the biblical Garden of Eden be- Talbot served in the diplomatic service of his with the utmost courage and valor. With the cause of its breathtaking surroundings. The native land, the Government of Guyana. tenth anniversary of the Storm King Fire ap- term ‘‘Garden of Eden,’’ is still fitting to those There, he was recipient of the coveted Ca- proaching, I believe it appropriate to recognize walking the streets of this quiet village. cique Crown of Honor (CCH) for meritorious the sacrifice Rich and the Storm King Fire- service. fighters made on behalf of a grateful commu- Galesville’s Apple Affair has become a Bishop Talbot is married to Dr. Sylvia Ross nity, state and nation. major Trempealeau County event. Since 1983, Talbot of the U.S. Virgin Islands. Born and raised in Minnesota, Rich grad- this annual event takes place on the first Sat- Mr. Speaker, I ask that you and my col- uated from the University of Minnesota with a urday in October as part of Wisconsin’s effort leagues join me in paying tribute to Bishop degree in forestry. He moved to Grand Junc- to promote the state’s apple orchards. The Frederick Hillborn Talbot upon his retirement tion in 1985 where he joined the Western Apple Affair draws many families from from the Bishopric. He has provided tremen- Slope Helitack crew, a specialized group of throughout the region. From apple pie to car- dous leadership for the AME Church and his firefighters who are often the first to respond amel apples, this annual celebration is a won- long history of community leadership and to a wildland fire. Rich became the crew’s derful time to enjoy the outdoors, as well as church service will influence many generations foreman, always putting the safety of his crew get to know the friendly people of Galesville. for years to come. first. He established the first heli-rappel pro- The 150th anniversary of Galesville high- f gram in the Rocky Mountain area, and was in- lights what is good and important about rural A TRIBUTE IN HONOR OF 2004 strumental in developing the Forest Service’s America to our country. There are thousands LEGRAND SMITH OUTSTANDING Interagency Helicopter Operations Guide. In of small rural communities across this Nation TEACHER AWARD WINNER 1994, he was recognized for his efforts by the that form the backbone of rural life; these Department of the Interior and received their communities are the incubators of local com- National Aviation Safety Award. He was a HON. NICK SMITH merce, politics, education, recreation, enter- OF MICHIGAN good crew leader and received a great deal of tainment and faith of rural neighborhoods. The IN THE HOUSE OF REPRESENTATIVES satisfaction from helping others. Above all, he hardworking citizens of small town America was devoted to his wife and son. Wednesday, June 23, 2004 are the builders of our great Nation. Mr. Speaker, it is an honor to rise before Mr. SMITH of Michigan. Mr. Speaker, edu- this body of Congress and this nation to pay I am pleased to congratulate the citizens of cation is the key to our Nation’s future pros- tribute to the life and memory of Firefighter Galesville on their sesquicentennial, and be- perity and security. The formidable responsi- Richard Tyler. Rich was willing to put himself lieve it is important to recognize their unique bility of molding and inspiring young minds to in harm’s way for unfamiliar people and contribution to the growth of western Wis- the avenues of hope, opportunity and achieve- places. He made the ultimate sacrifice doing consin. I wish them happiness and prosperity ment partially rests in the hands of our teach- what he loved, and I, along with the Glenwood during the next 150 years. ers. Today, I would like to recognize a teacher

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.068 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1239 from Jonesville, Michigan that significantly in- ence is felt today. In 2003, for example, the He is also past Chairman of the Committee on fluenced and motivated exceptional students Department of Veterans Affairs helped provide Religion and Society for the Global Economic in academics and leadership who were win- education or training for 322,754 veterans and Action Institute. Furthermore, Bishop Anderson ners of the LeGrand Smith Scholarship. active-duty personnel, 88,342 reservists, and has served as Chairman of Worship and Lit- Judy Hale teaches College Prep English at 61,874 survivors. urgy for the Consultation on Church Union. As Jonesville High School in Jonesville. She is In the past six decades, the GI Bill has con- Chairman, he provided leadership for the de- credited with instilling in students an enthu- tinued to change in order to keep up with the velopment of the Bicentennial Edition of the siasm for not only these subjects, but also for needs of today’s veterans. As of September AME hymnal and the first Book of Worship. life. As one of her students, Shea Scott Dow 30, 2001, there are about 25.3 million vet- Bishop Anderson is a member of the General said, ‘‘She listens and gives advice to her stu- erans. There are also about 41.4 million family Commission of Christian Unity and Inter-reli- dents, she motivates and she maintains ex- members and survivors of veterans. In addi- gious Concern of the United Methodist pectations. Because of these high expecta- tion, there are now more than 300,000 sol- Church; the Governing Board of the National tions, I feel that I’m ready to go to college and diers deployed in Iraq and Afghanistan and Council of Churches; and the Advisory of the be successful in my studies.’’ The respect and these numbers continue to increase. United States Office of the World Council of gratitude of her students speaks well of Judy’s The VA has become a potential source of Churches. ability to challenge young minds and encour- benefits for almost one-fourth of the population Bishop Anderson is married to Vivienne L. age them to always put forth their best effort. of the United States. With the growing number Anderson. They have four sons. Judy Hale’s extraordinary work as a teacher of service members in Iraq and Afghanistan, Mr. Speaker, I ask that you and my col- has challenged and inspired countless stu- the possible increase in the number of vet- leagues join me in paying tribute to Bishop dents to move beyond the teenage tendency erans requires us to consider new ways to in- Vinton Randolph Anderson upon his retire- of superficial study and encourage them to crease their assistance and benefits. ment from the Bishopric. He has provided tre- foster deeper thought and connections to the While the GI Bill continues to assist with mendous leadership for the AME Church and real world. Arguably, no profession is more im- cost of college education, purchasing homes, his long history of educational leadership and portant because of its daily influence upon the farms, businesses, and also in finding jobs, service will influence the lives of future gen- future leaders of our community and our coun- the cost of living continues to increase. This is erations for ages to come. Richard Allen the try, and Judy’s impact on her students is cer- why we need to create legislation to improve founder of the AME would be proud of his tainly worthy of recognition. health benefits and to make sure that edu- Episcopal descendant. On behalf of the Congress of the United cation benefits offered by the GI bill are f States of America, I am proud to extend our aligned with the rising costs of tuition. With the A TRIBUTE IN HONOR OF 2004 highest praise to Judy Hale. We thank her for rising costs of housing, many veterans, espe- LEGRAND SMITH OUTSTANDING her continuing dedication to teaching and her cially those in expensive housing markets, TEACHER AWARD WINNER JOHN willingness and ability to challenge and inspire also cannot afford average-priced homes. W. MOODY OF JACKSON, MICHI- students to strive for success. Although we have done a lot, there are GAN f many more issues that need to be addressed. Therefore, as we acknowledge and celebrate HON. NICK SMITH REGARDING THE 60TH the 60th anniversary of the GI Bill, I am hope- ANNIVERSARY OF THE G.I. BILL OF MICHIGAN ful that we will also honor our veterans by en- IN THE HOUSE OF REPRESENTATIVES suring that we preserve and accomplish what HON. ENI F.H. FALEOMAVAEGA the GI Bill promised. Wednesday, June 23, 2004 OF AMERICAN SAMOA f Mr. SMITH of Michigan. Mr. Speaker, edu- IN THE HOUSE OF REPRESENTATIVES cation is the key to our Nation’s future pros- TRIBUTE TO BISHOP VINTON perity and security. The formidable responsi- Wednesday, June 23, 2004 RANDOLPH ANDERSON bility of molding and inspiring young minds to Mr. FALEOMAVAEGA. Mr. Speaker, today, the avenues of hope, opportunity and achieve- we honor the men and women who defended HON. JAMES E. CLYBURN ment partially rests in the hands of our teach- and protected our people, our country, and our OF SOUTH CAROLINA ers. Today, I would like to recognize a teacher families. In celebrating the 60th anniversary of IN THE HOUSE OF REPRESENTATIVES from Jackson, Michigan that significantly influ- the GI Bill, we express our strong sense of enced and motivated exceptional students in Wednesday, June 23, 2004 gratitude and thanks to the veterans who have academics and leadership who were winners served and sacrificed their lives for the free- Mr. CLYBURN. Mr. Speaker, I rise today to of the LeGrand Smith Scholarship. dom and democracy that we still enjoy today. pay tribute to Bishop Vinton Randolph Ander- John W. Moody teaches Mathematics and On June 22, 1944, President Franklin D. son, one of eight legendary leaders of the Afri- Physics at Concord High School in Concord, Roosevelt signed the Servicemen’s Readjust- can Methodist Episcopal (AME) Church who Michigan. He is credited with instilling in stu- ment Act of 1944 also known as the G.I. Bill will be retiring this year at the Church’s Quad- dents an enthusiasm for not only these sub- of Rights. This legislation was for veterans of rennial Conference in Indianapolis, Indiana. jects, but also for life. As two of his students World War II and it established veterans’ hos- Born in Somerset, Bermuda, Bishop Ander- said, Matthew Wixson and Michael Horosko, pitals, provided for vocational rehabilitation, son attended private elementary schools in ‘‘He takes time to explain something if I don’t made low-interest mortgages available, and Bermuda, and received his Bachelor of Arts understand it, and he is always there to give granted stipends covering tuition and living ex- degree from Wilberforce University. He re- a bit of wisdom. He has helped shape who I penses for veterans attending college or trade ceived a Masters of Divinity from Payne Theo- am and I will be forever grateful to him for schools. logical Seminary in Ohio, and Masters of Arts that.’’ And, ‘‘Mr. Moody taught me excellent Subsequent legislation extended these ben- in Philosophy from the University of Kansas. math and science strategies, but even more efits to veterans of the Korean War and the Bishop Anderson was ordained an Itinerant important he taught me lessons about life. He Readjustment Benefits Act of 1966 extended Deacon in 1951 and an Itinerant Elder in is an excellent teacher, but even more so, a benefits to all who served in the Armed Forces 1952. At the 1972 General Conference held in good friend.’’ The respect and gratitude of his even in peacetime. From 1944 to 1949, nearly Dallas, Texas, he was elected the 92nd students speaks well of John’s ability to chal- 9 million veterans received close to $4 billion Bishop of the AME Church. He has presided lenge young minds and encourage them to al- from the G.I. bill’s unemployment compensa- over the 15th, 9th, 3rd, 5th, and 2nd Episcopal ways put forth their best effort. tion program. Education and training provi- Districts during his tenure. Bishop Anderson John W. Moody’s extraordinary work as a sions existed until 1956, providing benefits to has also served as Bicentennial Chairman, teacher has challenged and inspired countless nearly 10 million veterans. Ecumenical Officer, and Chairman of the Gen- students to move beyond the teenage tend- The Veterans’ Administration offered insured eral Conference Commission. ency of superficial study and encourage them loans until 1962, and these totaled more than Bishop Anderson’s ecumenical involvements to foster deeper thought and connections to $50 billion. In 1985, the Montgomery G.I. Bill span worldwide. He is a member of the Exec- the real world. Arguably, no profession is more (MGIB) became the newest federal program to utive Committee of the World Methodist Coun- important because of its daily influence upon provide education and training to our nation’s cil and is past Vice Chairman of the North the future leaders of our community and our veterans. The MGIB was one of the most im- American Section encompassing the United country, and John’s impact on his students is portant bills passed in its time and its influ- States, Canada, Mexico, and the Caribbean. certainly worthy of recognition.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.071 E25PT1 E1240 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 On behalf of the Congress of the United president of the Southern Christian Leadership accomplished, I strongly support Israel’s right States of America, I am proud to extend our Conference (SCLC) Western Region, and as to defend herself against attacks. Israel is cur- highest praise to John W. Moody. We thank vice president of Operation PUSH. Further, rently building a security fence to block out him for his continuing dedication to teaching Bishop Brookins founded the Martin Luther suicide bombers and others wishing to harm and his willingness and ability to challenge King Student Fund, organized the first Inter- Israelis. I have concerns over the placement and inspire students to strive for success. faith Service at the Hollywood Bowl, and also of the fence in certain areas and it is my hope f lead the Primary Convention to elect the first that this fence will be a temporary structure black city councilman and Second Convention that can be dismantled when peace is STATEMENT ON VETERANS to elect the first black school board member. achieved. Lastly, I believe that all final status Elected at the 1972 General Conference issues, including final borders and refugee HON. JOE BACA held in Dallas, Texas, Bishop Brookins was issues, must be negotiated by the parties and OF CALIFORNIA assigned to the 17th Episcopal District. He supported by all nations committed to peace, IN THE HOUSE OF REPRESENTATIVES was inspired by the people’s struggle for free- so that Israel and Palestine can feel confident dom, and became an active participant in their Wednesday, June 23, 2004 that their agreement will endure. cause. As a consequence, Bishop Brookins I fear that the issue of peace in the Middle Mr. BACA. Mr. Speaker, 60 years ago was barred from Rhodesia in 1975. He partici- East will be brushed aside during campaign Democrats fought to pass the GI bill. The GI pated in the 6th Pan African World Congress season. We must not merely call for peace, bill provided assistance for veterans to pay for in 1974. Bishop Brookins also served and revi- we must make it a priority. To this end, I have a college education, purchase a home, and talized the 5th Episcopal District by purchasing sent a letter, which I have attached and will find a job. and building new churches, sending ministers submit for the record, to President Bush ask- Today, Democrats are still fighting hard to to organize new churches in Southern Cali- ing that he appoint two individuals, a Demo- make sure our veterans have the benefits they fornia, and establishing an Economic Develop- crat and a Republican, to help the parties need. We are fighting to improve the health ment Fund for the District. Bishop Brookins seek peace and set forth a practical agenda benefits for veterans, to end the Widow’s Tax also served in the 2nd, 12th, and 13th Epis- for doing so. This dramatic gesture would re- and the Disabled Veterans Tax. copal Districts, and is a past Ecumenical Offi- move peace-seeking from partisan politics and Last year, I introduced the Department of cer. make plain to the world that Americans are Veterans Affairs Claims Backlog Reduction Bishop Brookins is married to Rosalyn Kyle united in their commitment to finding a peace- Act of 2003 to help the 450,000 veterans who Brookins and they have three children. ful solution. I personally am determined to do have claims pending for federal benefits. Mr. Speaker, I ask that you and my col- all that I can to ensure that this issue remains But as Democrats continue to fight for our leagues join me in paying tribute to Bishop at the forefront of U.S. foreign policy and that veterans, Republicans continue to underfund Hamel Hartford Brookins upon his retirement progress is made toward finding a peaceful the programs that are so important to our vet- from the Bishopric. He has provided tremen- resolution. erans. House Republicans have passed a dous leadership for the AME Church and his CONGRESS OF THE UNITED STATES, budget that underfunds veterans health care long history of religious and political service HOUSE OF REPRESENTATIVES, by $1 billion, meanwhile they have managed and leadership will influence generations for June 7, 2004. to find room for more tax cuts for the wealthi- many years to come. President GEORGE W. BUSH, est Americans. The White House, 1600 Pennsylvania Avenue, f Washington, DC. Our brave men and women in uniform are DEAR MR. PRESIDENT: I am writing to you serving our country. They are sacrificing for THE MIDDLE EAST because I believe that the United States our freedom. It is our duty to make sure that must, as it has in the past, take action to ad- they are taken care of when they return home. HON. MICHAEL E. CAPUANO vance the cause of peace between Israelis and Republicans have broken the promise the OF MASSACHUSETTS Palestinians. I do not seek to assign blame, but to end the bloodshed. GI bill made 60 years ago. IN THE HOUSE OF REPRESENTATIVES Not one Republican has taken a stand Prime Minister Sharon’s disengagement Wednesday, June 23, 2004 plan presents an opportunity that ought not against the Bush budget proposal. to be lost by inaction. I share your convic- Our soldiers are fighting our enemies Mr. CAPUANO. Mr. Speaker, I rise today to tion, expressed last month, that ‘‘all final abroad. They should not have to fight our gov- express my views on the conflict in the Middle status issues must still emerge from negotia- ernment at home too. East. tions between the parties. . .’’ I share, too, f I am deeply saddened by the seemingly your belief that the United States has a role endless bloodshed in the Middle East. The to play in fostering such negotiations. The TRIBUTE TO BISHOP HAMEL conflict has claimed the lives of too many in- suffering is acute, for both Israelis and Pal- HARTFORD BROOKINS nocent victims, Israeli and Palestinian alike. I estinians. Insofar as we can help bring the have always believed and continue to believe parties together, we ought to take action now. Our good offices should not be sus- HON. JAMES E. CLYBURN that the United States has a role to play in as- pended because of the election campaign. OF SOUTH CAROLINA sisting and supporting a negotiated peace in Therefore I respectfully urge that you ap- IN THE HOUSE OF REPRESENTATIVES the region. I do not seek to assign blame but point two Americans, a Republican and a instead to ensure that we do all we can to Democrat, to help the parties seek peace. I Wednesday, June 23, 2004 achieve that end. I have no illusions that this would not presume to dictate your choice: Mr. CLYBURN. Mr. Speaker, I rise today to conflict will be easily resolved, or that the there are wise and just men and women in pay tribute to Bishop Hamel Hartford Brookins United States can impose a solution—all we both parties. I ask that you select a bi-par- tisan pair and offer their services to Prime one of eight legendary leaders of the African can do is urge the parties to make peace and Minister Ariel Sharon and Prime Minister Methodist Episcopal (AME) Church who will support a process that offers some chance of Ahmed Qureia, to meet with them, together be retiring at this year’s Quadrennial Con- success. or separately, to set forth a practical agenda ference in Indianapolis, Indiana. I support a two state solution to the conflict for seeking peace. Bishop Brookins was born in Yazoo City, in the Middle East with Israel and Palestine Sincerely, Mississippi. He received a Bachelor of Arts coexisting as democratic states with secure, MICHAEL E. CAPUANO, degree from Wilberforce University in Ohio internationally recognized borders. Prime Min- Member of Congress. and a Bachelor of Divinity degree from Payne ister Sharon’s disengagement plan for an f Seminary. Israeli withdrawal from the Gaza strip and cer- IN MEMORY OF MERLE F. Prior to his election to the bishopric, Bishop tain areas of the West Bank presents an op- PETERSON Brookins pastored First AME Church in Los portunity to get the peace process moving Angeles, California leading them through the again and to lay the foundation for an eventual building of a multi-million dollar cathedral. He Palestinian state. However, I do not believe HON. MIKE ROSS OF ARKANSAS also served as the first black president of the that withdrawing from these areas, in and of IN THE HOUSE OF REPRESENTATIVES Wichita Ministerial Alliance. Bishop Brookins itself, will bring peace. We, and others in the worked in the world of politics as manager and international community, need to work with Wednesday, June 23, 2004 advisor helping to elect Thomas Bradley as Palestine to end terrorism and foster and build Mr. ROSS. Mr. Speaker, Congressman Mayor of Los Angeles. He also served as a strong, stable democracy. Until this goal is MARION BERRY and I rise today to honor the

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.074 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1241 memory of Merle F. Peterson of Dumas, AR. of eight legendary leaders of the African Meth- Louisiana. They have three daughters and five Strong leadership, vision, concern for others, odist Episcopal (AME) Church who will be re- grandchildren. and philanthropy were enduring legacies left tiring at this year’s Quadrennial Conference in Mr. Speaker, I ask you and my colleagues by Merle Peterson. He died on March 19, Indianapolis, IN. to join me today in honoring Bishop John 2004 after having served his nation, state and Bishop Adams was born in Columbia, SC, Hurst Adams whose spirit, belief, and kind- Dumas with distinction. where he now lives after years of serving con- ness have moved communities to action After graduating with an electrical engineer- gregations and communities across our Na- across the Nation. He is a roll model, a friend, ing degree from Arkansas State University, he tion. He grew up in the Waverly neighborhood an outstanding leader and a great American. came to Dumas in April of 1939 to operate a of Columbia, which is located in the Sixth His retirement from the Bishopric creates a service station his father had bought. In No- Congressional District which I proudly rep- void that will be hard to fill. vember of that year, he was married to Deloris resent in this august body. He attended Wa- f Ellegood, and together they built a successful verly Elementary School, Booker T. Wash- Ford automobile business. ington High School and John C. Smith Univer- HONORING MARK BEELER ON HIS When Mr. Peterson volunteered for the sity in Charlotte, NC. Bishop Adams continued RETIREMENT Army Air Force in 1942, he rose to captain his education at the Boston University School and served overseas three years with a bomb- of Theology, Harvard School of Divinity, and HON. BART GORDON er squadron in Africa and Italy. His wife kept Union Theological Seminary. OF TENNESSEE the business operating during those years. Bishop Adams began his ministry with a IN THE HOUSE OF REPRESENTATIVES small congregation in Lynn, MA. He taught at After selling the Ford dealership in 1976, they Wednesday, June 23, 2004 continued their business and farming oper- Payne Theological Seminary in Ohio and later ations through Peterson Enterprises and jointly served as President of Paul Quinn College in Mr. GORDON. Mr. Speaker, I rise today to led in service and philanthropic endeavors for Texas for 6 years and as Chairman of the congratulate Mark Beeler on his retirement over 64 years. Board for 8. During his years at Paul Quinn from the Trousdale County Agricultural Exten- After World War II, Mr. Peterson realized College, the school received accreditation sion Service. Mark is a resident of Hartsville, that Dumas faced major economic challenges from the Southern Association of Colleges and TN, which I have the pleasure of representing in order to prosper. With other Dumas leaders, Schools (SACS) and saw many new building in Tennessee’s Sixth Congressional District. he worked to establish an industrial foundation renovations and improvements. For 27 years, Mark has been a dedicated Bishop Adams next served as pastor at First and organized a drive to buy land for develop- employee of the Ag Extension Service, but the AMEC in Seattle. From Seattle, Bishop Adams ment as an industrial park. agency has been in his blood for much longer. went to Los Angeles where he pastored Grant Mr. Peterson founded Dumas State Bank, His father, H.Y. Beeler, is a retired extension AMEC in the Watts section of Los Angeles. It now Simmons First, and was its board chair- agent from Williamson County. Mark began was also in Los Angeles that Bishop Adams man. His financial acumen led him to serve on his own career in Hickman County before was elected the 87th Bishop of African Meth- the boards of the Arkansas Development Fi- transferring to Trousdale County in 1981. odism. nance Authority, State Chamber of Com- In addition to his commitment to Ag Exten- Upon his election, Bishop Adams served the sion, Mark has been a first-rate public servant. merce, and Economic Development Fund of Tenth Episcopal District in Texas and later left Arkansas. As a member of Hartsville’s Volunteer Fire De- his mark on the Second Episcopal District in partment, he has championed fire-safety edu- Fully devoted to his church, First United the Mid-Atlantic States. Under his leadership, Methodist of Dumas, he was active in the cation programs. In fact, Mark was instru- 40 new congregations sprouted throughout the mental in establishing fire-safety education in Methodist Men’s Class, chaired the adminis- district. From there, he served the Sixth Epis- trative board and many committees, and the local school system and day-care facilities. copal District in Georgia where he served as I applaud Mark and all that he has accom- served in important roles in the Little Rock Chairman of the Board of Trustees for Morris Conference. plished. He and his coworkers at Trousdale Brown College, Turner Theological Seminary, County Ag Extension have made certain that A mainstay of the Chamber of Commerce Interdenominational Theological Center and Middle Tennessee farmers have access to the and the Lions Club, he was chosen Citizen of the Atlanta University Center. He also served latest technology and techniques. I am sure the Year in 1952, and 50 years later was still on the Centennial Olympic Committee. working with enthusiasm for projects to benefit I was very proud when Bishop Adam’s serv- the Hartsville community will be sad to see Dumas. An early supporter of Arkansas Com- ice called him to the Seventh Episcopal Dis- him go, but I know I join with them in wishing munity Foundation, he was a founding board trict in South Carolina, in 1992, to serve over him a very happy retirement. member of Dumas Area Community Founda- the State’s 609 AME churches. He arrived in f tion. He and his wife established scholarships South Carolina just in time to play a pivotal RECOGNIZING AND ENCOURAGING at the University of Arkansas at Monticello and role in my election to this body. Bishop Adams ALL AMERICANS TO OBSERVE Dumas High School. currently serves the Eleventh Episcopal Dis- 40TH ANNIVERSARY OF THE A loyal Democrat, he served as a state sen- trict, encompassing Florida and the Bahamas. DEATHS OF ANDREW GOODMAN, ator from 1960 through 1966, was chairman of Bishop Adams is a strong believer that peo- JAMES CHANEY, AND MICHAEL the County Committee for 10 years, and was ple must join together to do what they cannot SCHWERNER, CIVIL RIGHTS OR- a volunteer staff member for Governor Bill do alone. To that end, he has founded the GANIZERS Clinton for 12 years. He was a leader in the Congress of National Black Churches, the In- Clinton gubernatorial and presidential cam- stitute on Church Administration and Manage- SPEECH OF paigns, and was named to the U.S. Electoral ment in Atlanta, Georgia; the Richard Allen College in 1996. He received the Arkansas Service and Development Agency in Wash- HON. MAJOR R. OWENS Democrats’ top award in 1994. ington, DC; and the Educational Growth Orga- OF NEW YORK Many state leadership and service acco- nization in Los Angeles, CA. He continues to IN THE HOUSE OF REPRESENTATIVES lades were bestowed on Mr. Peterson, but he serve on many Boards including that of the Monday, June 21, 2004 always credited the people of Dumas for their Interdenominational Theological Center, Insti- support. He served for the betterment of many tute on Church Administration and Manage- Mr. OWENS. Mr. Speaker, this House must and leaves a huge legacy to fill. ment, Joint Center for Political Studies, Chil- be applauded for the passage of the Resolu- tion (H. Con. Res. 450) I introduced to honor f dren’s Defense Fund Black Community Cru- sade for Children, National Black United Fund, the civil rights martyrs: Andrew Goodman, TRIBUTE TO BISHOP JOHN HURST Industrial Area Foundation, National Urban James Chaney, and Michael Schwerner. ADAMS League, and the Palmetto Project. These young men were true martyrs, non- Bishop Adams has received many fitting violent and self-sacrificing for the highest HON. JAMES E. CLYBURN honors and awards throughout his 25 years as ideals. In contrast to the suicide bombers who OF SOUTH CAROLINA Bishop. In 1996, he was awarded South Caro- call themselves ‘‘martyrs’’ while taking lives, IN THE HOUSE OF REPRESENTATIVES lina’s highest citizen honor, the Order of the these heroes placed themselves at risk in Palmetto, in recognition of his contributions to order to save lives. The fact that their passion Wednesday, June 23, 2004 the State. and dedication was expressed in non-violent Mr. CLYBURN. Mr. Speaker I rise today to Bishop Adams is married to his partner in actions made them no less courageous and pay tribute to Bishop John Hurst Adams, one the ministry, Dr. Dolly Adams of New Orleans, brave fighters. On this fortieth anniversary of

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.079 E25PT1 E1242 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 their lynching it is important that we hold up to Once again, I want to congratulate the city years of exemplary service as the Director of our youth and to the world these examples of of Dixon as it celebrates its 40th anniversary the National Aeronautics and Space Adminis- three ‘‘greatest’’ American men. of the Petunia Festival and wish its citizens, tration’s (NASA) Glenn Research Center at THE ANGELS CRIED and my constituents, all the best in the years Lewis Field in Cleveland, Ohio. The day Chaney, Schwerner and Goodman to come. Under his tenure as Director, Mr. Campbell died f carried out the mission of the NASA Glenn Was a day the angels cried: Research Center with great focus, vision, and Heroes who laid down their lives, TRIBUTE TO LCDR BRUCE D. dedication. He easily garnered the admiration Courage recorded for eternal archives. CLEMONS, UNITED STATES NAVY of the entire staff at NASA Glenn. Moreover, Medals of honor belong to the brave Mr. Campbell forged strong partnerships with Who take no lives but struggle to save The credo of justice for all; HON. C. W. BILL YOUNG local and national business leaders, political Build them a three person Memorial Wall. OF FLORIDA leaders, and educational institutions, including Suicide bombers look down and see IN THE HOUSE OF REPRESENTATIVES historically black colleges and universities. True martyrs who won great glory Thursday, June 24, 2004 These unbreakable bonds that radiate outward In the war for ideals from NASA Glenn Research Center inspire Fought past Mississippi cotton fields; Mr. YOUNG of Florida. Mr. Speaker, I rise countless young adults to follow their dreams Three sacrificed the full measure of devo- to pay tribute to Lieutenant Commander Bruce of exploring careers in aeronautics, elevate tion, D. Clemons who leaves his active duty assign- our community’s interest and understanding of Murder of enemies is an obsolete notion, ment with the United States Navy this month aeronautics, and serve to support and en- Love is a weapon of overwhelming emotion. after seven years of service to our Nation and Sound the trumpet again and again hance numerous educational opportunities for Appreciate the sacrifice of three greatest to the U.S. House of Representatives. students within our community. As the only Af- American men. Dr. Clemons’ last assignment in the Navy rican American NASA Center Director during The day Chaney, Schwerner and Goodman was as the Senior Medical Officer at the Office his tenure, Mr. Campbell served as an inspira- died of the Attending Physician here in the United tion to numerous young Americans to remain Was a day angels in heaven cried. States Capitol. In that position, he has pro- focused on their academic and professional f vided invaluable medical assistance to my col- dreams, despite barriers or challenges along leagues and me in the House and Senate, to IN RECOGNITION OF THE 40TH AN- the way. the members of our staffs, and to the hun- Beyond his professional accomplishments, NIVERSARY OF THE PETUNIA dreds of thousands of visitors. All who came FESTIVAL Mr. Campbell continues to take an active role into contact with Dr. Clemons will agree that within our community. He is a member of the he served with an unmatched level of commit- board of directors of the American Red Cross HON. J. DENNIS HASTERT ment and professionalism. and is a member of the Kent State University OF ILLINOIS This dedication to duty and service yielded Aeronautics Division Advisory Board. Mr. IN THE HOUSE OF REPRESENTATIVES many honors for Dr. Clemons. These include Campbell has been honored numerous times Thursday, June 24, 2004 the Navy Commendation Medal, the Navy for his significant career in public service, in- Achievement Medical, the Navy Unit Com- cluding the Affirmative Action Award from the Mr. HASTERT. Mr. Speaker, I have the mendation, and the National Defense Service Ohio Martin Luther King, Jr. Holiday Commis- great honor and privilege of representing the Medal with Bronze Star. Perhaps the honor sion, and the Technical Excellence in Govern- city of Dixon, Illinois. Dixon encompasses all that best reflects his medical ability and cool- ment and Engineer Award from the National that is good in America. It’s a place that puts ness under pressure is the U.S. Public Health Technical Association. a great emphasis on the importance of family Service Crisis Response Award that he re- Mr. Speaker and colleagues, please join me and friendship. Mom-and-Pop businesses are cently received for his work in responding to in honor of Mr. Donald J. Campbell, as we often passed down from generation to genera- the Anthrax bioterrorism attacks on the United recognize his significant contribution to NASA tion and its citizens continue to honor tradi- States Capitol. His immediate actions in the Glenn Research center and to our entire com- tions from years past. For that reason, I rise face of grave, unknown danger prevented the munity. His work, expertise and dedication has today to recognize one of these long and cele- potential loss of life and serious illness for enhanced and fortified the cornerstone of brated traditions—the 40th anniversary of the those exposed to the deadly Anthrax spores. technology within our region. More importantly, Petunia Festival. In addition to providing medical care, he it has served to provide tangible educational In 1830, Father John Dixon purchased land helped develop a comprehensive plan to deal opportunities and limitless dreams of possi- in the western parts of Illinois and soon began with the crisis both in the short and long-term, bility for the young people of our community. ferrying people across the Rock River to settle and he calmly provided valuable information to I extend best wishes of peace, health and the area that would later be named after its members and staff who were or may have happiness to Mr. Campbell and his family, founder. Unfortunately, in the 1950s a com- been exposed to these toxins. today, and throughout all of his future endeav- bination of Dutch Elm disease and major high- Mr. Speaker, Bruce Clemons has been an ors. way expansion resulted in the removal of all outstanding sailor, doctor, and friend. My col- trees along the community’s major roadways. leagues in the House appreciate his service to f Nonetheless, in 1960, a small group of resi- the Navy and to the United States Congress. dents, better known as the Dixon Men’s Gar- We will greatly miss Bruce and want to wish HONORING THE WHARTON FIRE den Club, grew tired of the arid landscape and him and his wife Catherine and their two chil- DEPARTMENT OF MORRIS COUN- planted 4,000 petunias along South Galena dren Abigail and William all the best as they TY, NEW JERSEY Avenue to enhance the aesthetic beauty of the continue Bruce’s medical career in central Vir- small Midwestern town. The following year, ginia. HON. RODNEY P. FRELINGHUYSEN the Garden Club planted 6,000 more petunias, f OF NEW JERSEY this time along North Galena Avenue. IN THE HOUSE OF REPRESENTATIVES Each year since, the residents of Dixon pay IN HONOR OF DONALD J. CAMP- tribute to the Dixon Men’s Garden Club by BELL, RETIRING DIRECTOR OF Thursday, June 24, 2004 planting and caring for 24,000 petunia plants, NASA GLENN RESEARCH CENTER Mr. FRELINGHUYSEN. Mr. Speaker, I rise which now extend along all major streets today to honor the Wharton Fire Department, throughout the town. HON. DENNIS J. KUCINICH in Wharton, Morris County, New Jersey, a pa- In recent years, Dixon has received much OF OHIO triotic community I am proud to represent! On attention for their annual Petunia Festival cele- IN THE HOUSE OF REPRESENTATIVES June 5, 2004 the good citizens of Wharton bration. In fact, in 1999, the 91st General As- celebrated the Fire Company’s Centennial An- sembly of Illinois passed a resolution declaring Thursday, June 24, 2004 niversary with special festivities and a parade. the city of Dixon, Illinois, the ‘‘Petunia Capital Mr. KUCINICH. Mr. Speaker, I rise today in For one hundred years, the Wharton Fire of Illinois.’’ In addition, the fun-spirited festival honor and recognition of Donald J. Camp- Department has been protecting and serving has earned the town national recognition and bell—admired and respected businessman, the residents of their community. Established is often referred to as the ‘‘Petunia City’’ by community leader, and friend and mentor to by the collective efforts of the property owners passing travelers. countless—upon his retirement following 10 in the Borough of Wharton, the ordinance ‘‘to

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.082 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1243 provide for, establish and regulate a fire de- HONORING THE FIREFIGHTERS walls of flame that were sweeping up the partment in the Borough of Wharton’’ was de- WHO SAVED LAKE ARROWHEAD mountains. But they stayed the course for the clared law by Mayor Harry J. Williams on Feb- next two days—and the success of their oper- ruary 15, 1904. The ordinance designated a HON. JERRY LEWIS ation is evidenced by the fact that nearly all of Chief, First Assistant Chief and Second Assist- OF CALIFORNIA the mountain homes were spared. ant Chief. It also called for the formation of IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, there is no doubt in my mind the heroic, exhausting efforts of these four in- three companies: the Active Hose Company Thursday, June 24, 2004 dividuals over the course of three days re- with twenty members, the Independent Hook Mr. LEWIS of California. Mr. Speaker, it is sulted in saving thousands of homes and bil- and Ladder Company with forty members, and my pleasure today to call attention to the fed- lions of dollars of infrastructure around Lake the Board of Fire Wardens composed of twen- eral, state and local firefighters whose bravery Arrowhead. Anyone who has seen photos of ty members. A list of names were read and and quick thinking saved thousands of homes the conditions along Highway 18 during the approved on April 4, 1904. Charles Hance and many lives in the San Bernardino Moun- height of the fire is in awe of the courage and was the first Chief of the Wharton Fire Depart- tains of California last year. Representatives of fortitude of these firefighters, and mountain ment, Robert Oram was approved as the first these community heroes are in town this week residents will be forever grateful for saving Assistant Chief and John McKenna was ap- for well-deserved national recognition from the their homes. proved as the Second Assistant Chief. U.S. Department of Agriculture, and I would In honor of those efforts, the fire chiefs on like to add my voice to the acclaim they are Friday will receive the U.S. Department of Ag- To get started, the Wharton Fire Department receiving. riculture Honor Award for heroism and emer- borrowed two two-wheeled, hand drawn hose My colleagues have heard me say many gency response. I ask my colleagues to carriages from first Assistant Chief Robert times on this floor that we are facing a terrible please join me in congratulating them on this Oram. Soon after, the Fire Department or- crisis in our Southern California forests. Years recognition, and thanking them for rep- dered a hose cart and a hand drawn hook and of drought have weakened the trees, and al- resenting the highest level of bravery and re- ladder truck. Several other hose carts and lowed the pine bark beetle to attack and kill sourcefulness in defending and saving our horse-drawn ladder trucks were purchased millions of them—leaving hundreds of acres communities. until the first gasoline-motorized piece of ready to burn at any time. More than 100,000 f equipment, an ‘‘REO’’ fire truck, was pur- of my constituents live among these trees, and their lives and safety are at risk until we re- SYMPATHIES TO FAMILY AND chased and put into use in 1916. move these dead and dying trees. FRIENDS OF LANCE CORPORAL The first means of alerting the firemen to an In October last year, the disaster we feared PEDRO CONTRERAS emergency was by striking large locomotive struck California—and struck and struck again. rims located in several sections of town. Then, Within days, fires were consuming tens of HON. GENE GREEN in December 1904, an 8-inch steam whistle thousands of acres in San Bernardino, Los OF TEXAS was installed at the Hurd Mine. After the mine Angeles, San Diego and Ventura counties. In IN THE HOUSE OF REPRESENTATIVES was closed, the whistle was transferred to the my district, a fire started in the foothills and Thursday, June 24, 2004 spread to 100 acres within ten minutes. In less furnace and then to the Gunther Silk Mill, This Mr. GREEN of Texas. Mr. Speaker, I rise trusty steam whistle was used until 1918 when than an hour, it became clear that nearby communities would need to be evacuated. By today to extend my deepest sympathies to the a manually controlled electric siren was in- nightfall the Old Fire consumed over 4,000 family and friends of Lance Corporal Pedro stalled in a cupola atop the Borough Hall. In acres of land. It destroyed 400 homes and Contreras. 1929, the first of 19 fire alarm boxes were in- was responsible for two fatalities before the Lance Cpl. Contreras was a constituent of stalled on street corners across the Borough. day was out. Ultimately, nearly 1,000 homes the 29th District of Texas, and a true hero, In the 1950’s, additional electronic sirens were were lost. who died on June 21, 2004 while serving his installed as the population of the town in- As dawn arrived on October 26, Fire Inci- country in the Al Anbar Province, Iraq. creased: Today, every Saturday at noon, the dent Commander Norm Walker was contem- Pedro Contreras joined the Marine Corps on May 7, 2001, five years after graduating from fire alarm system is tested by the four sirens plating the distinct possibility of the worst-case scenario: fire reaching the 40,000 homes in Galena Park High School. still in use. But the Department is dispatched, Lance Cpl. Contreras was a rifleman as- the Lake Arrowhead community. Mandatory by home radio receivers and personal pagers. signed to the 2nd Battalion, 4th Marine Regi- evacuations of all of the mountain commu- ment, 1st Marine Division of the 1st Marine To commemorate the Wharton Fire Depart- nities began. Resources were stretched to the Expeditionary Force based in Camp Pen- ment’s 100th Anniversary, the Borough hosted absolute maximum, due to other fires burning dleton, California, where he earned several fire companies from all over New Jersey and throughout the state. the surrounding area on June 5, 2004. The The San Bernardino Mountains rise steeply honors, including the National Defense Serv- Wharton Fire Department has always been to 10,000 feet above the city, and running ice Medal and the Sea Service Deployment known for its marching ability and its drill along the face of the mountains between Ribbon. Pedro Contreras leaves behind his two par- team, and first marched in August of 1907 in 5,000 feet and 7,000 feet is the famous Rim ents, Jose and Angela Contreras, and three of the World Highway, State Route 18. This is nearby Hackettstown. The Department won its brothers. also the last point where the fire could be first prize in 1908 and today over 200 trophies I know his parents, family and friends are stopped before roaring into the millions of adorn the walls of their firehouse. devastated by this loss, but they should be dead trees in and around our mountain com- proud of the great man Pedro Contreras had The Wharton Fire Department has grown munities. By evening on October 26, the main become and that he died a hero while serving over the years to meet the changing demands fire crossed Highway 18, and the order was of the town and to incorporate the newest fire- his country. given to begin backfiring along the highway His loss will be felt by all of our community, fighting and lifesaving technologies. From its across the mountain rim to the east. The charter members to its current roster, the and I ask that you remember the Contreras northeast winds were predicted to shift, which family in your thoughts and prayers. membership of the Wharton Fire Department would push the flames north across Highway has over the last century dedicated itself to 18 and directly into the community of Lake Ar- f the safety and welfare of Wharton’s good citi- rowhead. TRIBUTE TO COMMANDER zens. Wharton’s firefighters, dedicated public Four highly trained firefighters in a unified CHRISTOPHER A. RHODEN, USN servants, past and present, are to be com- command, Randy Clauson (USFS), Jim mended for a job well done. Ahearn (USFS), George Corley (San HON. C. W. BILL YOUNG Bernardino County Fire), and Bill Bagnell Mr. Speaker, I urge you and my colleagues OF FLORIDA (Crest Forest Fire) initiated the difficult, stren- IN THE HOUSE OF REPRESENTATIVES to join me in congratulating the volunteers of uous firing operation at 9:00 pm using limited the Wharton Fire Department on the celebra- personnel. Except for radio communication, Thursday, June 24, 2004 tion of 100 years of a rich history in the pro- these four on-the-scene chiefs were largely on Mr. YOUNG of Florida. Mr. Speaker, I rise tection of one of New Jersey’s finest munici- their own. Every member of their teams faced today to recognize and pay tribute to an out- palities. the possibility of being caught by 100-foot standing Naval Officer, Commander Chris

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.004 E25PT1 E1244 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 Rhoden, to recognize his service to our Nation During the past year, we have seen re- ing two Special Achievement awards, One Su- and the Navy as he leaves the Pentagon to peated examples of waste, fraud, and abuse perior Service award, and an Honorable Men- pursue his first love, commanding a Naval in contracts awarded by the U.S. Defense De- tion for Outstanding Community Service ship. partment to the Halliburton Corporation and award. Since 1999, Mr. Licht has held the po- On behalf of my colleagues in the House other military contractors that have poorly sition of Baliff with the Garfield Heights Munic- and on the Appropriations Committee, I want served our troops and the American tax- ipal Court. His unwavering integrity, out- to take this opportunity to thank him for his payers. Not only do I lack confidence that standing communication abilities and strong distinguished and dedicated service. such procurement sloth has stopped, those of work ethic continues to uplift all facets of this It was through his assignment with the us in Congress who have called for in-depth regional court system. Navy’s Appropriations Liaison office that I first congressional investigations have been stone- Beyond his significant professional contribu- came to know Commander Rhoden. In this ca- walled. tions, Mr. Licht continues to volunteer his time pacity, he served as an invaluable liaison for In light of this dismal track record, Congress and talents within our community. He con- the Secretary of the Navy and the Chief of should not open the door even wider and pro- tinues to be an active member of the Demo- Naval Operations to me, the members of my vide even greater authority for the Pentagon to cratic Party within our community. A long-time committee, and our staff. award lucrative contracts to contractors with- member of the Cuyahoga County Democratic In addition to providing timely and accurate out competition and with even less scrutiny Party, Mr. Licht currently serves as Deputy information on budget matters, Commander and congressional oversight. Nevertheless, Treasurer. He has also been very active in the Rhoden also has escorted me and other Mem- H.R. 4323 would waive existing safeguards Independence Democratic Party for many bers of Congress on several occasions as we against war profiteering and other contract years, as a member and an officer. Moreover, traveled both home and abroad to review mili- abuses. Mr. Licht continues to make an impact upon tary operations and confirm the health and Congress is already moving to authorize the lives of many as a volunteer probation offi- welfare of our troops. He provided special in- and appropriate up to $1.2 billion to provide cer with the Bedford and Garfield Heights sight on matters of national security, naval additional equipment for our troops in every in- court systems. His positive outlook and kind shipbuilding, and the direct relationship be- stance where critical shortages have been nature, combined with his sense of compas- tween the two. His candor, intelligence, and identified. That is one of the important reasons sion and wonderful sense of humor, continu- steadfast devotion to duty, was always very why I voted in favor of the FY 2005 Defense ously serves to uplift those around him. much appreciated and he was an invaluable Authorization Bill, when the House passed it Mr. Speaker and Colleagues, please join me asset to me during deliberations regarding last month. in honor and recognition of Mr. Ed Licht, upon funding programs for our armed forces. His Finally, the supporters of this bill claim it is being selected as the Regional Court Officer perspective on the needs of the Nation with needed to cut through existing, cumbersome of the Year. Mr. Licht’s professional contribu- respect to our sea services provided me with Pentagon acquisition regulations to respond to tion to our federal and regional justice sys- the clarity and detail I needed to make impor- urgent needs of our troops in combat emer- tem—reflected by strong ethics and a high tant decisions regarding appropriations for the gencies. But there is mounting evidence to the level of integrity, continues to be significant Department of Defense. contrary. I believe the equipment shortages and invaluable. Moreover, Mr. Licht’s concern In addition to the respect I have for the work among some of our troops in Iraq during the for his community and commitment to the Commander Rhoden did in representing the past year resulted from poor pre-war planning democratic process continues to instill strength Navy, I also thank him for the calm demeanor and serious miscalculations in the Pentagon and integrity throughout the Democratic Party, and sense of humor he shared with us all. by the architects of Operation Iraqi Freedom. and serves to strengthen our entire commu- Chris has become a mentor and friend to me Quite simply, U.S. Army war planners didn’t nity. and to my family, and for that I will always be issue enough purchase orders, before the in- f grateful. It is this same sense of purpose and vasion of Iraq was launched, to ensure that all professionalism that I am confident will make HONORING EXEMPLARY of our troops on the ground in Iraq had what EDUCATOR KATHY PUTMAN Commander Rhoden a tremendous role model they needed during the conventional combat for those who serve under his command. phase of this conflict. Those mistakes and the Mr. Speaker, it is my honor to recognize HON. FORTNEY PETE STARK equipment shortages they caused became Commander Rhoden for his distinguished OF CALIFORNIA even more costly since President Bush an- service to our nation. My wife Beverly and I IN THE HOUSE OF REPRESENTATIVES nounced the end of combat in Iraq on May 1, have the highest respect for those who serve 2003, and the nature of the military threat Thursday, June 24, 2004 in uniform, and I appreciate and honor all the changed and the armed insurgency expanded. Mr. STARK. Mr. Speaker, I rise today to men and women who have served, and con- This Congress should act to address those recognize Kathy Putman, an exemplary edu- tinue to serve, in defense of freedom. Recall- mistakes, not use them as an opportunity to cator, who is retiring after forty years in the ing our national anthem, to our veterans and hand out more no-bid contracts. classroom at John F. Kennedy High School in Armed Forces, I say, we would not be ‘‘the I believe H.R. 4323 could actually make a Fremont, California. Immediately after grad- land of the free’’ were we not also the ‘‘home bad situation worse. uating from San Jose State University, Kathy’s of the brave.’’ career in education began at Kennedy High Mr. Speaker, My colleagues and I want to f School. express our thanks and appreciation for the IN HONOR OF EDWARD LICHT She was among the first instructors when special contribution Commander Rhoden has the new high school was opened in 1965. made to the United States Navy. We wish him Teaching Government and Economics to high and his family continued success and the tra- HON. DENNIS J. KUCINICH OF OHIO school seniors at Kennedy High School is the ditional naval wish of ‘‘Fair winds and Fol- IN THE HOUSE OF REPRESENTATIVES only job Kathy has ever had. She was only a lowing seas’’ as he closes out his service to couple of years older than her first students. Thursday, June 24, 2004 the Congress and continues toward the pin- Over the decades, she has taught many chil- nacle of Naval service, command at sea of a Mr. KUCINICH. Mr. Speaker, I rise today in dren of former students in her class. United States warship. tribute to Mr. Edward Licht, Bailiff for the Gar- For years Kennedy High School had a con- f field Heights Municipal Court, as he is being test for ‘‘Most Popular Teacher.’’ Kathy won so PERSONAL EXPLANATION honored as the Regional Court Officer of the often the contest was discontinued. Each year Year by the Ohio Bailiff and Court Officers As- her yearbook is filled with the penned thoughts HON. RUSH D. HOLT sociation. of adoring students. Thousands of young Fre- A life-long resident of Cuyahoga County, Mr. mont students have passed through her class- OF NEW JERSEY Licht served as a Special Agent with the U.S. IN THE HOUSE OF REPRESENTATIVES room where the walls are covered with photo- Treasury Department for twenty-five years. graphs and notes from former students. As- Thursday, June 24, 2004 During his tenure as Special Agent, Mr. Licht suming Kathy had 200–300 students a year, Mr. HOLT. Mr. Speaker, I want to explain assisted in the investigation, apprehension for 40 years, this adds up to between 8,000– why I voted against the Rapid Acquisition Au- and conviction of criminals involved in major 12,000 students she has touched during her thority for Combat Emergencies Bill (H.R. gambling, illegal drug and money laundering career. 4323), when it was added to the suspension operations. For his invaluable service, Mr. I, along with former Congressman Don Ed- calendar for a vote earlier this week. Licht was honored with several awards, includ- wards, California Attorney General Bill Lockyer

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.007 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1245 and a host of political and civic leaders have and himself. It is estimated that the land and With the substantial help of the geographic been privileged to speak to students in Kathy’s house cost just under $10,000. The FHA loan, information systems company ESRI, the government classes. She was a true believer at $4,800 covered approximately 50 percent of MAST established elaborate plans on how to in exposing her students to firsthand experi- the cost of the house. evacuate residents along the few main high- ences in government. She encouraged student Since the house was built, it has changed ways that snake through the forest. Dozens of involvement and referred her students to my hands three times and is now owned by community meetings were held, and residents office for internships. Trevor and Catherine Smallwood who pur- had access to an Internet Web site created I have never met a more experienced, com- chased it on July 3, 2003 for $470,000. free-of-charge by ESRI that provided even mitted or enthusiastic teacher. Kathy is a Today this house still stands at 30 Hopper more detailed information. model for all educators to follow. I commend Avenue. While 70 years have passed the When the Old Fire struck in October 2003, her on her 40 years of outstanding service. house looks much the same, a structure rich our worst fears seemed about to be realized. Kathy has left an indelible mark on her stu- in history, standing for the dream of home- The fire appeared to be unstoppable before it dents and the community of Fremont and her ownership, a dream that we continue to work reached the stands of dead trees. Within a contributions will be long remembered and felt to ensure every American can achieve day, the order went out to evacuate, even as with utmost respect. Mr. Chairman, I ask you to join me in recog- the firefighters made valiant stands to stop the nizing and celebrating this truly historic house fire along the evacuation routes. The success f and all that it stands for. of the planning process was soon clear: No CREATION OF THE FHA f one was injured in the evacuation. Although six deaths were attributed to the fire, none of HON. RODNEY P. FRELINGHUYSEN FEDERAL, STATE AND LOCAL our residents were caught in their homes like PLANNING SAVED 100,000 LIVES those who suffered tragic deaths in San Diego OF NEW JERSEY IN CALIFORNIA WILDFIRE County. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the MAST continues to meet Thursday, June 24, 2004 HON. JERRY LEWIS and plan for the restoration of the forest and Mr. FRELINGHUYSEN. Mr. Speaker, 70 OF CALIFORNIA the upcoming fire season. While some years ago this month, Congress approved the IN THE HOUSE OF REPRESENTATIVES progress has been made in reducing the num- National Housing Act that created the Federal Thursday, June 24, 2004 ber of dead trees, the fire danger remains Housing Administration (FHA) and President high. Thanks to the extraordinary efforts of this Mr. LEWIS of California. Mr. Speaker, I group, I am confident that we will be prepared Roosevelt signed into law on June 28, 1934. have already asked my colleagues today to to meet that danger. The value of FHA can not be overstated. recognize the bravery of firefighters who The members of the MAST—represented by For decades it has insured mortgage loans to saved 40,000 homes in last year’s devastating Supervisor Zimmerman and San Bernardino help over 33 million families own their own wildfires. But I would now like to also pay trib- National Forest Staff Director Doug home. The FHA has continuously been a crit- ute to an unprecedented effort at planning and Pumphrey—will be honored this Friday with a ical resource in helping make home ownership organization by federal, state and local offi- U.S. Department of Agriculture Honor Award. available and more affordable. In fact most re- cials that allowed the evacuation of 100,000 This award is without question highly de- cent data shows, the nation’s homeownership people threatened by fire—without a single in- served, and I ask my colleagues to join me in rate soared to an all time high of 68.1 percent. jury or a major hitch! congratulating and thanking those who took I have long been a supporter of the FHA pro- Many of the heroes of this planning effort part in this life-saving effort. gram and believe that it is critical for unlocking were on the front lines fighting the Old Fire, f the door to homeownership for so many Amer- which eventually burned 91,000 acres and de- icans. stroyed nearly 1,000 homes in October 2003. INTRODUCTION OF THE GERIATRIC Mr. Speaker, my Congressional district has But their work to avoid a devastating loss of AND CHRONIC CARE MANAGE- the unique distinction of being home to the life began more 18 months earlier with the for- MENT ACT OF 2004 first FHA Insured Mortgage approved for a mation of the Mountain Area Safety Task house in the United States. Force, known throughout the San Bernardino HON. GENE GREEN Let me take you back to the 1930’s. Our Mountains as the MAST. OF TEXAS country was in the midst of the Great Depres- San Bernardino National Forest Supervisor IN THE HOUSE OF REPRESENTATIVES sion. It is estimated that in 1933 there were Gene Zimmerman initiated the formation of the Thursday, June 24, 2004 1,000 foreclosures per week! In my home MAST to deal with an on-going crisis: the state of New Jersey homeownership rates Mr. GREEN of Texas. Mr. Speaker, I rise death of more than 5 million trees because of today to introduce the Geriatric and Chronic were declining. In fact, between 1930 and drought and attacks by pine bark beetles. The Care Management Act, an important piece of 1940 they fell 9 percent. A loaf of bread cost forest, which is largely in my 41st Congres- legislation that would authorize Medicare cov- about nine cents and a dozen eggs went for sional District, is one of the most urbanized erage of geriatric assessment and care man- 27 cents. In Morris County, the average rental and heavily used in the nation, with nearly agement for eligible Medicare beneficiaries. paid $55 a month for a large house. 100,000 residents and visitors living amongst Americans are living longer than ever, with Mr. Speaker, It was during this economic cli- the trees. The chance for a devastating fire is the average life expectancy rising to 80 years- mate that President Roosevelt signed the Na- overwhelming, and it will take many years and old for women and 74 years-old for men. tional Housing Act into law with the intention hundreds of millions of dollars to eliminate the While this is a positive development, there are of broadening home ownership, protecting danger. costs associated with the aging of America. As lending institutions and stimulating the econ- It became clear that the task of restoring the seniors live longer, they face greater risks of omy. forest—and avoiding the loss of thousands of disease and disabilities, such as Alzheimer’s, James A. Moffett was appointed the first lives in a fire—would require the coordinated diabetes, cancer, stroke and heart disease. FHA Administrator and it is under his leader- efforts of the Forest Service, the state Depart- Geriatricians are physicians who are unique- ship that on December 18, 1934, the Newkirk ment of Forestry and Fire, San Bernardino ly trained to help care for the aging and elder- family received the first FHA Mortgage for the County Fire Department, and dozens of local ly. By promoting a comprehensive approach to completion of construction of their house at 30 fire departments, community groups and busi- health care, including wellness and preventive Hopper Avenue in Pompton Plains, Morris nesses. Such a coordination effort had never care, geriatricians can help seniors live longer County, New Jersey. been undertaken on such a comprehensive and healthier lives. Pompton Plains is located in the Eastern scale, and the organizational hurdles alone It is critical that our nation have a sufficient part of Morris County and is part of were daunting. number of geriatricians to help manage the Pequannock Township. At that time, But the mountain communities, while divided aging of the baby-boom generation. Unfortu- Pequannock was 7 square miles of land, had into dozens of small pockets by geography, nately, there are currently only 9,000 certified 2,104 residents and was comprised mostly of are populated by people who look out for each geriatricians, and that number is expected to farmland and apple orchards. Today other, and who are united in their devotion to decline dramatically in the coming years. Of Pequannock Township is home to approxi- the forest. Hundreds of residents turned out the approximately 98,000 medical residency mately 14,000 residents. for every informational meeting, and officials and fellowship positions supported by Medi- Mr. Newkirk purchased the land at 30 Hop- from agencies at all levels made the coordina- care in 1998, only 324 were in geriatric medi- per Avenue and built a home for his wife, son tion of effort their top priority. cine and geriatric psychiatry. The Alliance for

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.010 E25PT1 E1246 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 Aging Research estimates that the U.S. will sioned by a final status agreement; that issue tribute and remembrance of those veterans need approximately 36,000 geriatricians to should be negotiated by the Israelis and Pal- who have made the ultimate sacrifice when counter the aging population. estinians. For these reasons, I am unable to they answered the call to duty. However, significant barriers exist that pre- support this resolution. I fear that the policies The lives of many veterans and their fami- vent physicians from entering geriatrics. A it reflects will lead to greater harm and not to lies have been uplifted by the outreach efforts MedPac survey found that Medicare’s low re- a resolution of the conflict—nor safety for civil- of the Westside Veterans Center—a haven of imbursement rates serve as a major obstacle ians—that its sponsors may believe. services, programs and assistance focused on to recruiting new geriatricians. Due to their f the psychological, medical and economic higher level of chronic disease and multiple needs of more than 44,000 veterans who live prescriptions, seniors require additional care to TRIBUTE TO SCOTT LILLY in the 10th Congressional District of Ohio. The ensure proper diagnosis and treatment. Medi- Westside Veterans Center, located in Parma, care’s reimbursement rates do not factor the HON. C.W. BILL YOUNG Ohio, celebrated the opening of the complex needs of elderly patients. Because OF FLORIDA McCafferty outstation in 1998. The McCafferty geriatricians treat seniors exclusively, they are IN THE HOUSE OF REPRESENTATIVES Outstation remains focused on addressing the needs of Hispanic American and African especially affected by Medicare’s low reim- Thursday, June 24, 2004 bursement rates. American veterans who live within our The legislation I am introducing today would Mr. YOUNG. Mr. Speaker, I rise today to Westside communities. Reflective of their remedy this problem, so that Medicare bene- pay tribute to a dedicated public servant. Scott commitment to serve our diversified commu- ficiaries can more effectively manage their Lilly has spent 31 years serving the House of nity, the Westside Vet Center and McCafferty chronic diseases. The Geriatric and Chronic Representatives. Scott’s career in Congress Outstation both employ bilingual staff Care Management Act would utilize the exist- started in 1973, coincidentally, the same year The services provided by the Westside Vet- ing Medicare fee-for-service system to provide I was appointed to the Appropriations Com- erans Center and the McCafferty Outstation a new, limited assessment and care manage- mittee. While he has held many distinguished Center is the least we can do on behalf of our ment benefit to beneficiaries with multiple positions during his long tenure in the House, veterans—our brothers, sisters, sons and chronic conditions. I urge all of my colleagues most of his time was spent working in some daughters, mothers, fathers and grand- to join me as cosponsors of this important leg- capacity for the House Appropriations Com- fathers—thousands of whom have made sig- islation. mittee. nificant sacrifices and suffered great losses f Scott started and ended his career working during and after their unwavering service to for my friend and Ranking Member, DAVID our country. PERSONAL EXPLANATION OBEY. He had a brief tenure as the Clerk and Mr. Speaker and Colleagues, please join me Staff Director of the House Appropriations in honor, tribute and gratitude to the men and HON. HOWARD L. BERMAN Committee and has spent the last nine years women of our armed forces—let us forever re- OF CALIFORNIA as director of the minority staff of the com- member their service, sacrifice and sense of IN THE HOUSE OF REPRESENTATIVES mittee. duty—yesterday, today, and for generations to Scott is an unapologetic liberal and we have Thursday, June 24, 2004 come. vigorous debates and differences in our com- f Mr. BERMAN. Mr. Speaker, I was unavoid- mittee. But Scott never allowed a political dis- ably detained and unable to cast several roll- pute to become personal. We could have a HONORING THE BASKING RIDGE call votes. Had I been present, I would have knock down drag out fight in committee and FIRE COMPANY voted ‘‘no’’ on rollcall No. 286, ‘‘no’’ on rollcall after it was over Scott and the staff from both No. 287, ‘‘yes’’ on rollcall No. 288, ‘‘yes’’ on sides of the aisle would retire to the Commit- HON. RODNEY P. FRELINGHUYSEN rollcall No. 289, and ‘‘yes’’ on rollcall No. 290. tee’s appointed space and enjoy an adult bev- OF NEW JERSEY f erage. There was never any lingering ill will or IN THE HOUSE OF REPRESENTATIVES hard feelings. Thursday, June 24, 2004 REGARDING THE SECURITY OF Scott is a consummate professional. His ISRAEL AND THE PRINCIPLES OF knowledge and expertise of appropriations Mr. FRELINGHUYSEN. Mr. Speaker, I rise PEACE IN THE MIDDLE EAST matters is rivaled by few. He is a shrewd floor today to honor The Basking Ridge Fire Com- tactician and legislative strategist. Scott will pany No. 1, of Bernards Township in Som- SPEECH OF now be able to spend more time in the aca- erset County, New Jersey, a vibrant commu- HON. BARBARA LEE demic world, a world where he is able draw on nity I am proud to represent! On June 26, OF CALIFORNIA his great intellect and wealth of Congressional 2004 the good citizens of Basking Ridge are IN THE HOUSE OF REPRESENTATIVES experience. Our loss is his students’ gain. celebrating the Fire Company’s Centennial An- niversary with special festivities and a parade. Wednesday, June 23, 2004 Every class he teaches will be enriched by his thoughtful consideration of complex political For one hundred years, the Basking Ridge Ms. LEE. Mr. Speaker, as always, I remain and policy questions. Fire Company No. 1 has been protecting and steadfastly committed to the security of Israel, Scott will be sorely missed. I can say with serving the residents of their community. The the safety of its citizens and its right to exist. confidence that he will not miss our long mark- initial impetus to start a volunteer fire company I am unable to support this resolution, how- ups, our late night conferences and the mara- in 1904 came from a spectacular barn fire and ever, because I believe it will contribute to fur- thon sessions on the floor. He is a great pa- the opening of a new school. The ther instability in the region. Further, it will not triot, a great public servant and a great appro- Wickenhaver barn burned while residents successfully resolve the underlying conflict. I priator. I wish him all the success in his future watched, helpless to do anything to quench strongly believe in Israel’s right to exist and I endeavors. the flames. Four horses lost their lives and the have been and remain committed to the two f influential people in town took notice of how ill state solution set forth in the Roadmap for prepared they were to deal with fire. The new peace; as former Prime Minister Rabin said: IN HONOR OF OUR UNITED STATES school had just opened on Maple Avenue, and You must make peace with your enemies, not VETERANS AND THE WESTSIDE that also increased the importance of having your friends. One cannot impose peace VETERANS CENTER the ability to deal with fire. Charles through unilateral actions. Wickenhaver’s descendants still serve as ac- Sadly, Mr. Speaker, the resolution before us HON. DENNIS J. KUCINICH tive volunteers with the Fire Company. deviates from that Road Map. It does so in a OF OHIO A committee to establish a volunteer fire manner that is not calculated to end the vio- IN THE HOUSE OF REPRESENTATIVES company was assigned and met on June 17, lence against Israelis. It does nothing to pro- 1904. They established the general goals and mote meaningful negotiations, and further un- Thursday, June 24, 2004 objectives of the organization and determined dermines the role of the United States as an Mr. KUCINICH. Mr. Speaker, I rise today in what was necessary to get started. The fol- honest broker—our most important role. It is honor and recognition of all veterans of the lowing week, on June 24, 1904, they char- not for Congress—or for the Administration— 10th Congressional District of Ohio—for their tered the Basking Ridge Hose Company. Early to prejudge or predetermine the question of service, bravery, and dedication on behalf of actions included establishing committees to re- Israeli settlements or the final boarders envi- our country. Most significantly, we stand in search buying or making firefighting equipment

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.013 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1247 such as wagons, ladders, and lanterns. Each perity and security. The formidable responsi- sional District for a job well done. I hope he member paid dues to fund the organization. bility of molding and inspiring young minds to enjoys every bit of his retirement, he certainly They also elected the first officers of the com- the avenues of hope, opportunity and achieve- deserves it. pany; Chief Walter Allen, Treasurer Charles ment partially rests in the hands of our teach- f M. Allen, Secretary Raymond A. Henry, Ward- ers. Today, I would like to recognize a teacher ers Harry W. Bennett and Frank S. Happe. from Bronson, Michigan that significantly influ- TRIBUTE TO SERGEANT MAJOR Membership requirements were simple and enced and motivated exceptional students in RALPH GUERRERO, JR. reflected the physical challenges of firefighting academics and leadership who were winners and the social mores of the times. Members of the LeGrand Smith Scholarship. HON. HOWARD L. BERMAN needed to be men between the ages of 18 Melissa Souva teaches Agricultural Science OF CALIFORNIA and 45, in good health, and to live within one at Bronson High School in Bronson, Michigan. IN THE HOUSE OF REPRESENTATIVES and a half miles of the village green. Members She is credited with instilling in students an Thursday, June 24, 2004 were called to action by the ringing of the enthusiasm for not only these subjects, but church bell in the Presbyterian Church and also for life. As one of her students, Bobby Jo Mr. BERMAN. Mr. Speaker, I rise today to had to live close enough to hear the bell and Ludwick said, ‘‘Mrs. Souva has taught me the pay tribute to Sergeant Major Ralph Guerrero respond quickly. importance of good leadership and community Jr. who on June 24, 1974, enlisted in the The first piece of apparatus for the new service. The self-confidence that I’ve gained United States Marines Corps and will officially Hose Company was a hand pulled hose cart from her support will play a role in my life ev- retire today after 30 years of honorable and and 500 feet of hose donated by the Basking eryday. She has taught me that I can make a distinguished service. Sergeant Major Guer- Ridge Improvement Society. The Fire Com- difference. I thank her for making a difference rero leaves the Marines Corps as one of the pany proudly displays this hose cart at special for me.’’ The respect and gratitude of her stu- most respected and accomplished member of events and gatherings. Soon after, the Com- dents speaks well of Melissa’s ability to chal- our armed forces. pany approved the purchase of fabric fire lenge young minds and encourage them to al- A native of San Fernando, California, Ser- buckets for 5 cents each and the construction ways put forth their best effort. geant Major Guerrero was born on July 14th of several ladders and a cart upon which to Melissa Souva’s extraordinary work as a 1956, and graduated from San Fernando High carry the ladders and buckets. Lumber and teacher has challenged and inspired countless School in June 1974. Sergeant Major Guer- materials for the construction of the ladders students to move beyond the teenage tend- rero and his wife Silvia P. Gomez have a son, and cart were donated by M.F. Ellis, Robert C. ency of superficial study and encourage them Ralph III, and a daughter, Chyenne. Sergeant Bishop, and David Y. Moore. to foster deeper thought and connections to Major Guerrero is the quintessential local suc- In 1906, the Basking Ridge Hose Company the real world. Arguably, no profession is more cess story. incorporated under the laws of New Jersey as important because of its daily influence upon After he graduated from the Marine Corps a volunteer Fire Company, renaming itself the the future leaders of our community and our Recruit Depot, San Diego, CA and completed Basking Ridge Fire Company No. 1, Inc. Men country, and Melissa’s impact on their stu- Infantry Training School at Camp Pendleton, and horses pulled the equipment to fire dents is certainly worthy of recognition. CA, Sergeant Major Guerrero embarked on a scenes until the first motorized fire apparatus On behalf of the Congress of the United successful Marine Corps career. From his par- was purchased in 1911. Basking Ridge’s first States of America, I am proud to extend our ticipation in the evacuation of South Vietnam fire truck was a Moline Motor Car, a 40 horse- highest praise to Melissa Souva. We thank her and Cambodia; to his amphibious reconnais- power contraption that carried six men. The for her continuing dedication to teaching and sance training; to his. assignment to Marine first Fire House was built by resident volun- her willingness and ability to challenge and in- Corps Recruit Depot San Diego California, teers at the corner of Henry and South Maple spire students to strive for success. where he served as a Drill Instructor, Senior in 1905 at a total cost of $600. It was replaced Drill Instructor, Chief Drill Instructor and was f by a brick structure in 1915. meritoriously promoted to Gunnery Sergeant; The Basking Ridge Fire Company No. 1 has COMMENDING DR. LARRY MILLER Sergeant Major Guerrero has proven himself a grown over the years to meet the changing ON HIS OUTSTANDING SERVICE critical team player. demands of the town and to incorporate the TO HIS COMMUNITY AND UPCOM- Sergeant Major Guerrero’s leadership and newest firefighting and lifesaving technologies. ING RETIREMENT AS SUPER- expertise were vital to the Marine Corps dur- In 1985 the company moved into a new head- INTENDENT OF MILLVILLE PUB- ing his deployment to El Salvador as an Advi- quarters at 30 Washington Avenue. The Com- LIC SCHOOLS sor to a Battalion of Salvadorian Marines. Dur- pany operates three fire engines (purchased in ing his subsequent deployments, including: 1986/97, 1992 & 2003 respectively) a heavy HON. FRANK A. LoBIONDO Operation Desert Shield, Operation Desert rescue truck (acquired in 1997), and increased OF NEW JERSEY Storm, Operation Sea Angel, Operation Re- from one to two ambulances in 1988. The en- IN THE HOUSE OF REPRESENTATIVES store Hope, Operation Noble Eagle and his tire roster numbers over fifty people although visits to Marines in Afghanistan and only approximately 35 are active firefighters/ Thursday, June 24, 2004 Uzbekistan in support of Operation Enduring EMTs. The Company remains all-volunteer Mr. LOBIONDO Mr. Speaker I rise today to Freedom his contributions were invaluable. His and responds to over 900 requests for help, commend Dr. Larry Miller on his long and dis- exemplary leadership skills proved critical to fire and first aid, a year as well as serving at tinguished service to his community, and con- the Marine Corps during his tour of duty at numerous civic events. gratulate him on his upcoming retirement as Headquarters Battalion, Headquarters Marine Mr. Speaker, I urge you and my colleagues superintendent for Millville Public Schools on Corps, where he served as the Command and to join me in congratulating the volunteers of July 1, 2004. the Military District of Washington Sergeant the Basking Ridge Fire Company No. 1 on the Dr. Miller has been a strong advocate for Major. During this tour, Sergeant Major Guer- celebration of 100 years of a rich history in the the educational community of Southern New rero was a member of the FY99 E–8/E–9 se- protection of one of New Jersey’s finest mu- Jersey for the past forty-one years. He per- lection board, Chairman Senior Enlisted Advi- nicipalities. sonally has given his time and energy to bet- sory Community for USO, a member of the f ter the educational system on behalf of his Board of Director’s for USO and Navy Marine A TRIBUTE IN HONOR OF 2004 students. I am happy to say that Dr. Miller’s Corps Relief Society, and a member of the LEGRAND SMITH OUTSTANDING leadership and tireless advocacy were recog- Foreign Joint Services NonCommissioned Offi- TEACHER AWARD WINNER ME- nized recently when he was chosen as the cer Associations. LISSA SOUVA OF BRONSON, New Jersey Superintendent of the Year for In July 1999, Sergeant Major Guerrero was MICHIGAN 2004. His hard work has set a high standard assigned to a Major Marine Corps command, for all educators and community leaders to fol- as the Sergeant Major for Marine Corps Air HON. NICK SMITH low. Station, Iwakuni Japan. In 2001, he was as- Dr. Miller rose up through the ranks of the signed as the Sergeant Major for the 1st Ma- OF MICHIGAN Millville Public Schools, and has left a trail of rine Aircraft Wing. These important assign- IN THE HOUSE OF REPRESENTATIVES positive change and enthusiastic accomplish- ments were evidence of the great respect and Thursday, June 24, 2004 ments. I would like to congratulate Dr. Miller, trust he had earned. Mr. SMITH of Michigan. Mr. Speaker, edu- and thank him on behalf of the people and Sergeant Major Guerrero is deservedly high- cation is the key to our Nation’s future pros- students of New Jersey’s Second Congres- ly decorated. He has earned the Legion of

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.018 E25PT1 E1248 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 Merit, the Meritorious Service Medal with 2 by every American citizen from the time of the to congratulate Lieutenant Leary on his retire- Gold Stars in lieu of 3rd Award, the Navy Revolutionary War. There are millions of men ment. I wish him all the best as he moves on Achievement Medal with Gold Star in lieu of and women who rely upon this, risk life and to his new position as Chief of the Rockledge 2nd Award, the Presidential Unit Citation, the limb, and make the commitment to our country Borough Police Department. Combat Action Ribbon with 4 gold stars in lieu and fellow citizens. f of 5th Award, the Korean Defense Service It is distressing that this occasion be marked Medal, the Military Outstanding Volunteer with such unfortunate and ironic efforts to THE FISHERIES MANAGEMENT Service Medal with Bronze Star in lieu of 2nd lessen the GI Bill. This as a day meant for re- REFORM ACT OF 2004 Award, the Vietnam Service Medal with spectful remembrance, to all that has been bronze star in lieu of 2nd award, the South- and will be accomplished by those who served HON. NICK J. RAHALL II west Asia Service Medal with 3 bronze stars in combat. I see a tremendous amount to be OF WEST VIRGINIA in lieu of 4th award, the Kuwaiti Liberation proud of in this bill, what it stands for and IN THE HOUSE OF REPRESENTATIVES Medal and various Unit Awards. what it means for all Americans. Sixty years Thursday, June 24, 2004 Sergeant Major Guerrero has worked to ago, this country invested a great deal into raise the public’s awareness of the many con- this bill. I believe what we received in return Mr. RAHALL. Mr. Speaker, as Ranking tributions the military makes to the local com- can be measured in far more than dollar Member of the Committee on Resources, munity. He has also committed himself to signs. today I am introducing a bill that would bring working with schools to help increase appre- Despite our best intentions, we as Ameri- the management of our Nation’s ocean fish- ciation for our armed forces among school cans find ourselves asking for the same sac- eries into the 21st century. In this regard, l am children. rifice from our young men and women as our pleased to note that the ‘‘Fisheries Manage- It is my distinct pleasure to ask my col- relatives did six decades prior. 1944 was a ment Reform Act of 2004’’ is being introduced leagues to join me in saluting Sergeant Major year worn by war. Sadly, 2004 will be as well. with 15 original cosponsors including the gen- Guerrero for his distinguished 30 years of The service men and women earned the title tleman from California, SAM FARR, who serves service to country, to congratulate him on his ‘‘greatest generation’’, from the sacrifice of as co-chair of the House Oceans Caucus. retirement and to wish him the very best in the World War II. The contributions of today’s men For my part, I am introducing this measure years ahead. and women will one day merit such praise as for two fundamental reasons. First, I believe that we have a responsibility to ensure that f well; praise that can now be enhanced and aided by the continued emphasis in favor of our fish stocks—a public resource that be- 60TH ANNIVERSARY OF THE the same GI Bill that aided to the success of longs to all Americans—will be managed ENACTMENT OF GI BILL the generations since 1944. sustainably and based on science, not politics. More importantly, because without sustainably f HON. CAROLYN McCARTHY managed fisheries, there will be no fishing in- OF NEW YORK HONORING LIEUTENANT JAMES P. dustry at all. I do not come to this point lightly, LEARY IN THE HOUSE OF REPRESENTATIVES and I appreciate the importance that this issue holds for many Members and their constitu- Thursday, June 24, 2004 HON. JOSEPH M. HOEFFEL ents. Mrs. MCCARTHY of New York. Mr. Speak- OF PENNSYLVANIA As it stands, two separate and well-re- er, sixty-years ago today, President Franklin IN THE HOUSE OF REPRESENTATIVES spected commissions—the U.S. Commission Roosevelt signed into law the Servicemen’s on Ocean Policy and the Pew Ocean Commis- Readjustment Act of 1944, known thereafter Thursday, June 24, 2004 sion—were both charged with reviewing our as the GI Bill. Mr. HOEFFEL. Mr. Speaker, I rise today to ocean management systems and both made This piece of legislation promised those who honor Lieutenant James P. Leary who is cele- recommendations regarding the need to re- served their country an education, aid in find- brating his retirement from the Abington Police form our fisheries management system. Their ing employment, help toward home ownership, Department after nearly 30 years of faithful reports represent several years of research by and proper healthcare. What President and devoted service. ocean experts who traveled to coastal commu- Roosevelt accomplished in his four terms in Lt. Leary has served in many different ca- nities dependent on commercial and rec- office was extraordinary; the effects of which pacities during his tenure on the Abington reational fishing. The Fisheries Management are still felt today. High among this list of ac- force, working as Watch Commander, Platoon Reform Act of 2004 represents the first legisla- complishments is the signing into law of the GI Commander, K–9 Commander, and Auxiliary tion proposed to implement those expert rec- Bill, with which President Roosevelt rewarded Service Commander. After joining the depart- ommendations. This is a small step of many this country’s heroes by educating, aiding and ment in 1974, he quickly ascended the ranks, that we, as Congress, can take to remedy a caring for them. receiving a promotion to Sergeant in 1979 and system of governance that has not done In the six decades since the GI Bill’s incep- then to Lieutenant in 1981. enough to protect our oceans and, con- tion, large numbers of troops have been sent His dedication to the community has never sequently, the communities that depend on to the beaches of Normandy, the Sea of faltered, even during his toughest assignment them. Japan, Korea, Vietnam, the deserts of the Gulf in 1996. In that year, Abington Township fell In this regard, the ‘‘Fisheries Management and the Indian peninsula. What remains is victim to a severe flood and Lt. Leary worked Reform Act of 2004’’ would require a broader sixty-years of sacrifice and battle scars, each tirelessly with residents, community leaders, public interest representation on the Regional a distinct imprint of the high cost of democracy and municipal government agencies to help Fishery Management Councils, the bodies that and independence. the area recover. Lt. Leary faced another dif- are stewards of our Nation’s fisheries and are To repay their efforts, we have granted sti- ficult challenge when he and five patrol offi- currently dominated by commercial and rec- pends for their college education and doctors cers rescued two severely burned children reational fishing interests. I am aware of no for their wounds, offered them aid in housing from a burning building. Bringing those chil- other public trust resource where management and provided training for jobs. We have dedi- dren to safety has been the proudest accom- decisions are being made by the very industry cated millions of dollars toward programs plishment of Leary’s career. that is to be regulated. The bill would require geared to enhance their lives through knowl- In addition to his service to the Abington training of all appointed members in fishery edge, healthcare and job growth. Still, the community as a member of the Police Depart- science and basic stock assessment, social trade-off will forever remain wanting. ment, Lt. Leary served his country as a Ser- science and fishery economics, and the legal Countless young men and women enter into geant in the 5th Special Forces Airborne in requirements of the Magnuson-Stevens Act, the armed services every year. My state of Vietnam. He and his wife Martha are the the National Environmental Policy Act, and New York is home to over 1.2 million vet- proud parents of four sons and two daughters. other pertinent laws. Not only will these two erans, with another 26,000 servicemen and Lt. Leary actively participates in the commu- provisions diversify the interests on the Coun- women on Reserve and Active duty and over nity, where he enjoys spending time with fam- cil, but also ensure that those appointed are 4,000 enlisted with the National Guard. It is for ily and friends, and has served for 15 years as knowledgeable about fisheries management. these honorable adults and those across the the Defensive Coordinator and League Com- Second, the bill would strengthen current nation that we pledge to fund and aid the pro- missioner for the CYO Football Program. conflict of interest provisions in the Magnuson- grams created sixty years ago. These national Our community has been privileged to have Stevens Act. An individual would not be al- heroes have defended the freedoms enjoyed such a devoted servant and it is my pleasure lowed to vote on a Council decision affecting

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.021 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1249 their financial interests. Understanding the After completing two tours of duty in Viet- HONORING THE 25TH ANNIVER- unique nature of fisheries management, I fully nam, Sgt. Cohen’s law enforcement career SARY OF THE MONTCLAIR LIONS support and appreciate the participation of began in April 1972, when he served as a CLUB fishermen in the Council process. In instances Deputy Sheriff for the Mineral County Sheriff’s where fishermen, commercial or recreational, Department. He worked as a Deputy Sheriff HON. TOM DAVIS are faced with decisions affecting their liveli- until February 1973. In September 1974, Sgt. OF VIRGINIA hood and simultaneously, the sustainability of Cohen was hired as a Railroad Police Officer IN THE HOUSE OF REPRESENTATIVES the fishery, the current process puts these in- for the Southern Pacific Transportation Com- dividuals in the compromised position of serv- pany where he worked until April 1980. Thursday, June 24, 2004 ing two masters. Generally, it is the fish stocks Sgt. Cohen began his employment with the Mr. TOM DAVIS of Virginia. Mr. Speaker, I that pay the price. Newark Police Department in May 1980. He rise today to commemorate the 25th anniver- This legislation also would ensure science- worked in various capacities on the police sary of the Montclair Lions Club No. 36563, lo- based management of our fisheries. By allow- force, including Patrol Sergeant, Administrative cated in Prince William County, Virginia. ing scientists to recommend appropriate catch Sergeant, Detective Division Sergeant, Nar- The International Lions Club is the world’s limits and the Councils to determine how that cotics/Vice Detective, Homicide Detective and largest service club organization with 1.4 mil- catch should be allocated, this bill would re- as the Hostage Negotiation Team Leader. Dan lion members in 46,000 clubs in 193 nations. move council members from that untenable was also a member of the SWAT Team and Since 1917, the International Lions Club has position of choosing between the health of the a Range Master. been able to touch the lives of countless indi- resource and catching enough fish to pay their It is my honor to recognize Sergeant Dan viduals across the globe. The club’s motto, health insurance. Scientists are better suited Cohen’s remarkable career in law enforce- ‘‘We Serve’’ demonstrates the tremendous ef- for determining sustainable harvest levels, ment. He has demonstrated his commitment, fort, desire and willingness of volunteers while fishermen, who will remain an integral leadership, and courage and leaves a lasting worldwide to better the lives of others through part of the Council process, should not have impression with the community and his col- humanitarian efforts. In 1990, Lions estab- to be experts on the vast complexities of leagues as an outstanding member of the lished SightFirst, a $143.5 million global initia- ocean science. Their expertise can be used Newark Police Department. tive to fight the major causes of preventable best in managing and allocating the resource, f and reversible blindness. and in developing improved fishing methods Since 1979, the Montclair Lions Club has and technologies, without also being respon- RECOGNIZING LOU COSTANTINO, provided dedicated service to Prince William sible for the status of the stocks. SR. County, working tirelessly to further the wel- Not the timber industry, not the mining in- fare of the community. In its first 25 years the dustry—as a matter of fact, no other industry HON. SPENCER BACHUS club raised well over a quarter of a million dol- I can think of is allowed to regulate itself like OF ALABAMA lars through a wide variety of fundraisers in- the fishing industry does. This system may IN THE HOUSE OF REPRESENTATIVES cluding citrus sales, White Can Day donations, have made sense when Congress first put it in White House Christmas Ornament sales, and place more than two decades ago, but it’s Thursday, June 24, 2004 food sales. The club has held a golf tour- clear now that a chronic condition of conflict of Mr. BACHUS. Mr. Speaker, I rise today to nament fundraiser annually with the majority of interest has created a system that is not work- recognize a valued employee of this House of the proceeds being donated to the Dale City ing for fishermen or for the fishery resources. Representatives, during this time of his recov- Boys and Girls Club and Action in the Com- In fact, 76 stocks are overfished—over 35% of ery. Lou Costantino, Sr. was born in a house munity Through Service. known stocks. on New Jersey Avenue just a couple of blocks Montclair Lions Club members donate their I do not assume that this bill alone will ‘‘fix’’ from the Capitol. His parents ran a grocery time to community service projects including in its entirety the current system. The U.S. store at that time, the same grocery that Lou Safety Break, Montclair Property Association Commission on Ocean Policy was clear that would begin running shortly after graduation events, Habitat for Humanity and many others. changes are urgently needed. This bill ad- from high school, along with a carry out, bar- These hours of service have enriched innu- dresses just one of many problems plaguing bershop, and cleaners that his parents merable lives in Prince William County and ocean resource management. However, the opened. He operated these businesses until beyond. principles of the bill—to manage fisheries for coming to work for the House of Representa- Mr. Speaker, in closing, I would like to com- the public good, to reduce financial conflicts of tives in 1980. mend and congratulate the Montclair Lions interest, and to ensure that fisheries manage- During these early years, Mr. Costantino Club on 25 years of success. They have ment is based on the best available science— met his wife Doris while going to Eastern High served the interests of their community well, are indisputable. School on Capitol Hill. They were married in truly meriting recognition. I call upon my col- I urge my colleagues to support this bill in 1965 at St. Peter’s Church and have two chil- a bipartisan fashion. The fish do not vote, so leagues to join me in applauding the Lions dren, Eydie and Lou. ‘‘There’s been a Club’s past accomplishments and in wishing I can not offer them as political capital. But if Costantino at St. Peter’s for 100 years,’’ he this bill were enacted, we will be better able to the club continued success in the many years will often remark. to come. ensure sustainable fisheries on a continuing His devotion to family is indicative of the f basis, as is required by law, but all too rarely similar commitment he has for this House of accomplished under the current system. The Representatives. He first began his career RECOGNIZE AND PRAISE JUAN long-term benefits would affect the constitu- with the House of Representatives in 1980 FONTANEZ ents of every district in this country. Fishermen with the Office of the Doorkeeper and he cur- would be able to pass on their trade to their rently works for the Sergeant at Arms. He truly HON. GINNY BROWN-WAITE children. Our inland states would enjoy more loves his job, the people around him, and has fresh seafood caught in our domestic waters. OF FLORIDA the utmost respect for the institution that is the IN THE HOUSE OF REPRESENTATIVES And everyone would be able to catch a big U.S. Capitol. In accordance with his post, and one on their summer vacation. owing to the high regard in which he is held, Thursday, June 24, 2004 f Mr. Costantino has the honor of escorting the Ms. GINNY BROWN-WAITE of Florida. Mr. HONORING SERGEANT DAN COHEN first lady to her seat for the State of the Union Speaker, I rise today to recognize and praise Address, a task he has accomplished annually a hard-working, talented young man who lives HON. FORTNEY PETE STARK for every first lady since Nancy Reagan. in my Fifth Congressional District. Born just a few blocks away, and having Juan Fontanez of Pasco County, Florida OF CALIFORNIA worked in the building for over twenty years, won the Congressional Art Contest for my dis- IN THE HOUSE OF REPRESENTATIVES Lou Costantino, Sr. has spent the majority of trict last year, and I was proud to display his Thursday, June 24, 2004 his life in close proximity to the Capitol build- piece in the tunnel leading to the U.S. Capitol. Mr. STARK. Mr. Speaker, I rise today to ing. Mr. Speaker, I ask that we keep him just His winning piece entitled ‘‘Proud Mother’’ was recognize Sergeant Dan Cohen’s retirement as close in our hearts and prayers for his created entirely in pencil, and caught the eye from the Newark, California Police Depart- speedy recovery. We wish him well, and look of everyone who walked by for an entire year. ment, and to honor his 30 years of exemplary forward to his prompt return to the House Juan graduated from Land O’ Lakes High service in the field of law enforcement. Floor. School last year and will attend Hillsborough

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.025 E25PT1 E1250 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 Community College this coming fall. In addi- scenes by our hard-working staff. Whatever Scott Lilly, are what makes this institution tion to winning the Congressional Art Competi- credit I may be due during my service as the work. Ornstein wrote of Scott and others like tion, Juan won top honors for costume design- Chairman and now Ranking Democrat on the him, ‘‘These are people who could leave at ing in the Florida State Thespian Competition Committee on Appropriations, I must share any time and command five or 10 times the last year. much of it with Scott Lilly. pay they receive; instead they have provided After showcasing ‘‘Proud Mother’’ for a year, Scott first came to the House as a summer the long-term glue that keeps Congressional I look forward to honoring him as the first win- intern in 1966. After graduating from college deliberation and institutional memory to- ner of the Congressional Art Competition since he worked for the Missouri Legislature, spent gether.’’ I could not agree more. I came to Washington at a ceremony this Sat- two years in the United States Army, and in For more than 30 years, Scott Lilly has used urday. 1971, was central states coordinator for the his great political talent and judgment to serve Mr. Speaker, it is my privilege to represent George McGovern presidential campaign. this institution and this country. Unlike some in Juan Fontanez, and I am proud to praise him My collaboration with Scott first began in this town, he has never forgotten that political on the floor of this House. 1973 when he joined my staff, working for talent is wasted unless it is used for a higher f more than a decade as an associate staff purpose. Whether he was working for the member to both the Appropriations and Budg- McGovern campaign, or running the Demo- COMMENDING HOLY SPIRIT HIGH et Committees. In 1985, Scott moved to the cratic Study Group, the Joint Economic Com- SCHOOL GIRLS VARSITY CREW Joint Economic Committee, serving as its Ex- mittee or the Appropriations Committee staff, TEAM ON THEIR SECOND ecutive Director and publishing a number of every day he put that talent to work to make STRAIGHT PEABODY CUP CHAM- reports that attracted national attention, includ- this a stronger, fairer, and more decent and PIONSHIP AT THE HENLEY RE- ing studies on the regional disparities in eco- humane country. This House has never been GATTA nomic recovery of the mid-1980s, and on the served by two finer staff directors working with declining earning power of middle class Ameri- each, other across the partisan aisle, than HON. FRANK A. LoBIONDO cans. Scott Lilly and Jim Dyer. OF NEW JERSEY In 1988, Scott became the fourth Executive Through it all, he has been my best friend IN THE HOUSE OF REPRESENTATIVES Director of the Democratic Study Group (DSG) and my wisest counselor. What more can be serving under Chairmen MARTIN SABO, Robert said except thank you and Godspeed in what- Thursday, June 24, 2004 Wise and Michael Synar. During that period, ever comes next. Mr. LOBIONDO. Mr. Speaker, I rise today to the DSG played a central role in legislative re- f congratulate the Holy Spirit High School girls form issues within the House Democratic Cau- varsity-eight crew team on their second cus and provided legislative research to vir- IN HONOR OF THE AMERICAN AS- straight Peabody Cup Championship at the tually all Democrats and to many Republican SOCIATION OF INVALIDS AND distinguished and well known Henley Wom- members as well. VETERANS OF WORLD WAR II en’s Regatta in Henley-on-Thames, England Following the passing of Chairman William FROM THE FORMER USSR on Sunday, June 20, 2004. The girls’ varsity- Natcher in 1994, the Democratic Caucus se- eight crew team defeated St. Andrews School lected me to serve as House Appropriations HON. JERROLD NADLER by taking a strong lead from the start of the Committee chairman. I then asked Scott to be- OF NEW YORK race and pushed on to victory by winning the come the 10th Clerk and Staff Director in the IN THE HOUSE OF REPRESENTATIVES 1,500 meter race by 11⁄4 boat lengths in 5 129-year history of the Committee. Thursday, June 24, 2004 minutes and 11 seconds. When the Republicans took control of the The team is led by Holy Spirit High School House the following January, Scott stayed on Mr. NADLER. Mr. Speaker, I rise today to coach John Slattery, and was made up of bow to serve as the Committee’s Democratic Staff pay tribute to the American Association of In- Robyn Brennan, Erin Coyle, Kairie Roehill, Director, a position he held for nine years. valids and Veterans of World War II from the Kaitlin Grant, Andria Haneman, Kristen This past January, Scott announced that he former USSR. As members of the Russian Haneman, Jen Maslanka, stroke Teri would be leaving the Committee. While his army, this group fiercely fought German occu- Francesco, and coxswain Lynn Cassidy. service to the House may have ended, his pation from 1941 to 1945, and after fighting On behalf of the residents of the Second public service has not. Neither has our friend- post-war anti-Semitism in their own country, District of New Jersey, I offer my congratula- ship or my deep respect for Scott. Now, as a they immigrated to the New York City area. tions to the Holy Spirit High School girls’ var- part-time professor at the Georgetown Univer- Tuesday marked the 63rd anniversary of Ger- sity-eight crew team on their outstanding sec- sity Public Policy Institute, Scott educates a many’s invasion of the former Soviet Union. ond straight victory at the Peabody Cup new generation of public servants, who I know Today, I am pleased to welcome them to Championships. These young women showed will be equal to the task because they are Washington D.C. as they visit the World War poise under pressure and share our pride in learning from the best. Scott also continues to II Memorial, and to honor their contribution in their outstanding achievement. serve and stand up for progressive principles fighting for peace and liberty in Europe. f as a senior fellow at the think tank, the Center The group of Russian Veterans I honor for American Progress. today fought in many battles along the Rus- TRIBUTE TO SCOTT LILLY I am hopeful that, in addition to these new sian front in World War II, and in major battles duties, Scott will now have the time to enjoy in Odessa, Moscow, and Stalingrad. As we re- HON. DAVID R. OBEY outside pursuits that he could not avail himself cently honored millions of brave Americans OF WISCONSIN of while serving the House. Particularly, I hope with the opening of the World War II Memorial, IN THE HOUSE OF REPRESENTATIVES that Scott will be able to return to his guitar I also recognize this group of veterans for their lessons. As a fellow member of the bluegrass contribution to the Allied victory. Through their Thursday, June 24, 2004 band, the Capitol Offenses, I know that like all efforts in the Russian armed forces, these sol- Mr. OBEY. Mr. Speaker, I wanted to take a of us, Scott might not be able to improve his diers played an important role in defeating the moment to thank someone who has meant a singing voice, but maybe he can make some Nazis—a victory which they celebrated in the great deal to the Appropriations Committee, progress on his guitar plucking. streets of Berlin alongside American soldiers. the entire House, and to me. Scott Lilly’s departure from the House was Their common experiences in the war, in its Earlier this year, Scott Lilly concluded a 31– a significant loss for this institution. I would aftermath, and as immigrants to the United year career of service in the House of Rep- note with pride that Scott also leaves with States bind them deeply to one another. As resentatives, mostly recently serving as the many more friends, from both sides of the The New York Times explained, ‘‘As Jews Democratic Staff Director of the House Appro- aisle, than detractors. Throughout his service, who shared both the deprivations of a brutal priations Committee. Scott’s career in the Scott always believed that political opponents war against Hitler’s forces and postwar anti- House was marked by dedication, distinction don’t have to be political enemies. That is a Semitism under a Soviet system they had and an eternal sense of duty to serve the belief that is in too short supply in the Con- risked their lives to preserve, their allegiance American people. gress and in this town, but it is a belief that is not to the former Soviet Union, nor to the Too often, Members of the House are given Scott lived throughout his service. Red Army, nor even to Mother Russia, but to all of the credit for what we produce or for the Congressional scholar Norman Ornstein one another.’’ Though the association began ideas we make real. In fact, the most difficult noted in a Roll Call column last November the in 1995 with only 30 veterans, it now boasts tasks are often accomplished behind the reality that ‘‘dedicated professionals,’’ like 3,000 members in New York.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.029 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1251 For their patriotism, for their commitment to HOMEOWNERSHIP BUILDS STRONG HONORING FUTURE UNLIMITED freedom and democracy in Europe, and for COMMUNITIES AWARD RECIPIENTS their unyielding commitment to each other, it is my privilege to honor the American Associa- tion of Invalids and Veterans of World War II HON. ROB PORTMAN HON. JEB BRADLEY from the former USSR, and to warmly wel- OF OHIO OF NEW HAMPSHIRE come them to Washington D.C. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Thursday, June 24, 2004 Thursday, June 24, 2004 Mr. PORTMAN. Mr. Speaker, June is Na- TRIBUTE TO U.S. NAVY SEAL tional Homeownership Month. Stronger fami- Mr. BRADLEY of New Hampshire. Mr. PETTY OFFICER 1ST CLASS lies, better schools, and homeownership Speaker, I rise today to pay tribute to 17 New BRIAN OUELLETTE produce healthy neighborhoods and commu- Hampshire students who graduated at the top nities. of their high school class and are being recog- When people own their homes, other bene- nized for their academic achievements by the HON. MARTIN T. MEEHAN fits follow, such as economic security and fam- Knights of Columbus in Rochester, New OF MASSACHUSETTS ily stability. Over the years, home values have Hampshire. generally increased, making them a good in- IN THE HOUSE OF REPRESENTATIVES The Rochester Knights of Columbus Council vestment and a great way for families to build founded the Future Unlimited Banquet in June up assets that can be used for everyday Thursday, June 24, 2004 of 1998 to honor students from the Greater needs, unexpected setbacks, and even help- Rochester area who have achieved high levels Mr. MEEHAN. Mr. Speaker, I rise today to ing to send a child to college. of scholastic excellence. The ‘‘brainchild’’ of pay tribute to a fallen hero, Petty Officer 1st Neighborhoods where people own homes Don Leeman, the banquet honors valedic- Class Brian J. Ouellette of Maynard, Massa- are more stable. People tend to take better torians and salutatorians from eight high chusetts. He gave his life in service to our care of property they own and care more schools in the region for their academic excel- country, and we will forever be grateful. about the rest of the neighborhood as well. lence and contributions to the community. The Brian was a U.S. Navy SEAL deployed as Homeownership also leads to a more vibrant Council has had much positive feedback from part of Operation Enduring Freedom and serv- community because home sales attract gro- the greater community for their efforts to pro- ing with the elite Navy Special Warfare Group cery stores, restaurants and other small busi- mote intellectual fellowship, and plan to extend Two based out of Little Creek, Virginia. He nesses that add stability and job opportunities. this successful recognition banquet across the died tragically on May 29th along with three of With all these benefits, it is discouraging state and country. his comrades when their Humvee hit a land- that there are some areas in our country The students to be honored for their scho- mine in the Zabul province of Afghanistan. where the homeownership rate is very low. In lastic achievements are: Petty Officer 1st Class Ouellette grew up in my home state of Ohio, the City of Cincinnati’s Waltham, Massachusetts and graduated from homeownership rate is 39 percent, far below Bryn Paslawski of Durham, valedictorian at Waltham High School in 1985. His parents, the national average of 68 percent. And even St. Thomas Aquinas High School; Marie Jack and Peg, now reside in the town of May- in the rural areas of my district where the per- Osborn of Portsmouth, salutatorian at St. nard in my congressional district. centage of home owners is higher, we are still Thomas Aquinas High School; David Thomp- well below the national average. son of Kittery, Maine, salutatorian at St. Thom- A fourteen-year veteran of the Navy, Brian Ohio has a shortage of affordable homes in as Aquinas High School; Trevor Sherwood of joined the service in 1990 and became a inner-city and rural areas. This is also true in Barrington, valedictorian at Dover High member of the elite SEAL team in 1991. many other states. To help address this prob- School; Brittany Soper of Dover, salutatorian Friends remember him as a great teammate lem, Representative BEN CARDIN and I intro- at Dover High School; Kristen Couture of and tough opponent on the football field and duced H.R. 839, the Renewing the Dream Tax Somersworth, valedictorian at Somersworth a fierce competitor in Kempo-style karate. Credit Act, which is based on a proposal ad- High School; Danielle Daigle of Rollinsford, Brian’s parents are proud, not just for the vanced by President Bush. The measure salutatorian at Somersworth High School; and supreme sacrifice he made on behalf of his would make a tax credit available to devel- Khari Lizotte of Rochester, valedictorian at country, but for the honor he brought to them opers or investors that build or rehabilitate Spaulding High School. as a Navy SEAL and loving son. Despite his homes for sale to low- and moderate-income Kimberly Montini of Rochester, salutatorian tough exterior, Brian’s family describes him as buyers in these areas. H.R. 839 has the sup- at Spaulding High School; Katy Huppe of compassionate and nurturing brother of seven port of nearly 300 House members, and would Farmington, valedictorian at Farmington High siblings and uncle to nine nieces and neph- make it more attractive for developers to cre- School; Casey Raasumaa of Farmington, salu- ews. Brian’s family deeply impacted his life, ate affordable housing in urban and rural tatorian at Farmington High School; Jac- and he left an indelible imprint on them. areas in which the need is greatest. queline Elliott of Milton, valedictorian at Nute Petty Officer 1st Class Ouellette was a Mr. Speaker, when people buy a home, they High School; Kayla Gagne of Milton, salutato- brave sailor who gave his life to restore free- make an investment in that community. Enact- rian at Nute High School; Tonya Prescott of dom and democracy in the war-torn country of ing H.R. 839 will help make homeownership Laconia, valedictorian at Alton High School; Afghanistan and support the global war on ter- achievable for more Americans. Meredith Roy of Alton, salutatorian at Alton rorism. It is lives like his, taken too soon, that High School; Meaghan Maguire of Wolfeboro, remind us of the true price of freedom. f valedictorian at Kingswood Regional High School; and, Jamison Costello of Wolfeboro, I have requested an American flag be flown PERSONAL EXPLANATION salutatorian at Kingswood Regional High over the United States Capitol in memory of School. Brian to honor his brave service to our coun- try. This flag will be delivered to his family. HON. JIM KOLBE These 17 students are excellent examples of the hard work, energy and dedication that Brian died fighting for the country he loved, OF ARIZONA is necessary to pursuing higher academic alongside the fellow sailors he respected and IN THE HOUSE OF REPRESENTATIVES goals. They are among the brightest students with the family he adored forever in his heart. Thursday, June 24, 2004 in the state and offer much hope for the fu- Our Nation is humbled and grateful for his ture. They truly exemplify what is good about sacrifice. Mr. KOLBE. Mr. Speaker, yesterday, I today’s youth. I congratulate all of the students Mr. Speaker, we should all take a moment missed the vote on agreeing to the Rogers for a job well done, and I also congratulate the to recognize Petty Officer 1st Class Brian (MI) amendment to H.R. 4548, the Intelligence members of the Rochester Knights of Colum- Ouellette of the United States Navy SEALS for Authorization Act for Fiscal Year 2005 (#293). bus for their efforts to recognize outstanding his ultimate service to our Nation. I intended to vote ‘‘aye.’’ students.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JN8.033 E25PT1 E1252 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 DEPARTMENT OF DEFENSE four years of outstanding and dedicated serv- Camp Pendleton and many left their families APPROPRIATIONS ACT, 2005 ice to the United States Marine Corps and his behind in the care of Camp Pendleton and country. Major General Bowdon will retire from communities like Oceanside, Fallbrook, and SPEECH OF the Marine Corps on July 1. Vista while they were serving in Iraq. As the HON. BARBARA LEE Graduating from Louisiana State University commanding officer of Camp Pendleton, Gen- in 1970, General Bowdon entered the Marine eral Bowdon played a crucial role in preparing OF CALIFORNIA Corps in August and reported to Pensacola, the Marines of the 1st Division for the great IN THE HOUSE OF REPRESENTATIVES Florida, for flight training. He received his victory they helped achieve in Iraq and for Tuesday, June 22, 2004 wings at the Naval Air Station in Kingsville, successfully executing the largest troop rota- The House in Committee of the Whole Texas, in February 1972, and reported for tion in the history of the U.S. military. House on the State of the Union had under flight duty at El Toro, California. One of General Bowdon’s finest qualities as consideration the bill (H.R. 4613) making ap- General Bowdon completed F–4 Combat a commanding officer, however, is that he propriations for the Department of Defense Qualification Training in Yuma, Arizona, in De- cares about Marines and their families well be- for the fiscal year ending September 30, 2005, cember of 1972. In January 1973 General yond their training and their ability to perform and for other purposes. Bowdon departed for his first Fleet Marine under fire on the battlefield. General Bowdon Ms. LEE. Mr. Chairman, I rise today in op- force tour and, following this assignment, and I have worked together on a number of position to this bill. National defense is impor- served his country as a flight instructor. issues on Camp Pendleton including getting tant to all of us. This bill, however, will neither In January 1977, General Bowdon received better housing for Marine families, improving ensure our defense nor promote the general his first overseas assignment in Iwakuni, recreational facilities for enlisted Marines, welfare, two of the central obligations of this Japan. He returned to the U.S. the following strengthening relations between Camp Pen- government. year to attend Amphibious Warfare School at dleton and the neighboring city of Oceanside, It is truly mind-boggling, Mr. Chairman, that MCB Quantico, VA. and seeking out improvements to the quality with just one short hour of debate, this House In August 1982, General Bowdon attended of water on base. As commander of Camp will pass a bill to spend $392 billion for the the Marine Corps Command and Staff College Pendleton, he was truly dedicated to both his Pentagon’s regular budget in FY 2005. in Quantico, VA. After graduation he reported duty as a U.S. Marine and to his fellow Ma- Amazingly, that sum does not include, $25 to Marine Training Support Group at the Cecil rines with whom he served. billion for the ongoing operations in Iraq and Field, Florida, Naval Air Station as the Execu- General Bowdon has received awards in- Afghanistan, but we all know that the Adminis- tive Officer. cluding the Legion of Merit, Defense Meri- tration will be back for more, much more. They Major General Bowdon assumed command torious Service Medal, Meritorious Service are misleading the American public about the of VMFA–333 in July 1988 and deployed the Medal, and the Navy and Marine Corps Com- price tag of the unnecessary war in Iraq. ‘‘Shamrocks’’ to the Western Pacific. After this mendation Medal. Mr. Chairman, the $392 billion this bill ex- command, Major General Bowdon reported to Major General Bowdon has had an exem- pends is a 7 percent increase over last year’s the National War College at Fort McNair for plary career filled with distinction. It has been bloated defense budget and comes at a time the training that would prepare him for the a great pleasure to know and work with Gen- when federal deficit and large tax cuts have great responsibilities our nation was about to eral Bowdon and an honor to offer this testa- left us with scarce resources. I have to ask: entrust in him. ment to his dedication, service and hard work will our education, health care and housing Following graduation then Lt. Col. Bowdon for America. budget receive a 7 percent increase? The an- was assigned to the Joint Staff, J–4 Direc- f swer is NO. torate, in the Pentagon in June of 1991. He REGARDING THE SECURITY OF This is an absurd and tragic case of mis- was promoted to Colonel in August of the fol- placed priorities. And our entire country pays ISRAEL AND THE PRINCIPLES OF lowing year. In June of 1994 General Bowdon PEACE IN THE MIDDLE EAST the price. It simply makes no sense to spend returned to the El Toro Marine Corps Air Sta- our nation’s scarce resources on Cold War era tion and assumed command of Marine Aircraft SPEECH OF weapons systems. It makes no sense to Group 11. He was promoted to Brigadier Gen- spend another $9 billion on missile defense, a eral on October 1, 1996, while assigned as HON. JERRY F. COSTELLO 17–percent increase over last year. This rep- the Assistant Wing Commander of the 2nd Di- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES resents another heavy installment on what vision Marine Aircraft Wing in Cherry Point, may be a bottomless pit of spending. North Carolina. Wednesday, June 23, 2004 This spending comes at real costs. To put Major General Bowdon assumed the duties Mr. COSTELLO. Mr. Speaker, I rise today in this in perspective, last year, according to the as the Commanding General of the Marine strong support of H. Con. Res. 460. The citi- National Priorities Project, the people of Cali- Corps Air Station at Cherry Point in April zens of the U.S. and Israel maintain a deeply fornia paid $859 million in tax dollars that were 1998. He served as the Deputy Commander rooted friendship based upon common inter- spent on missile defense. of the Marine Forces Reserve in New Orleans ests, a shared commitment to democracy, in- That money could have paid to allow an- for one year in 1999. After that he went on to dividual freedoms, and a rejection of extre- other 106,000 children to enroll in Head Start. command a number of posts before assuming mism and terrorism. It could have extended healthcare coverage to command of our nation’s largest West Coast Since 1948, the State of Israel has com- nearly half a million children. It could have cre- Marine Corps base, Camp Pendleton, on June mitted itself to living in harmony and mutual ated over 12,000 new units of affordable hous- 24, 2002. respect with its neighbors and to arriving at a ing. Or it could have hired nearly 15,000 ele- Mr. Speaker, I have the distinct honor and peaceful solution to the conflict with the Pal- mentary school teachers. And this year we are privilege of representing California’s 49th Con- estinians. For most of the last four years, how- spending 17 percent more. That’s a misplaced gressional District, the home of the Marines of ever, Israelis and Palestinians have found priority. And it is not the ticket to national se- the 1st Division based at Camp Pendleton. themselves in a violent and crippling deteriora- curity. For the past two years, I have also had the tion of relations. Thousands have died in hor- f honor of working with General Bowdon during rible violence that has torn through the hearts the one of the most significant times in the of both the Israeli and Palestinian commu- history of the U.S. Marine Corps’ storied First nities. RECOGNIZING THE SERVICE OF Division. With President Sharon’s disengagement MAJOR GENERAL WILLIAM G. Last year the 1st Division Marines, along plan, I hope we are at a renewed moment of BOWDON ON THE OCCASION OF with a U.S. Army Division and a British Divi- hope. I believe that the future security of Israel HIS RETIREMENT sion, crushed a much larger Iraqi force that depends upon bringing an end to terrorism, had been set-up to defend the brutal regime of bloodshed, and human suffering and to estab- HON. DARRELL E. ISSA Saddam Hussein. The victory achieved by lishing a just, permanent peace with the Pal- OF CALIFORNIA America and its allies, thanks to outstanding estinians. The principles endorsed by Presi- IN THE HOUSE OF REPRESENTATIVES training, technology, bravery, and command, dent Bush and Prime Minister Sharon are a was the quickest and most decisive defeat of step towards peace. Thursday, June 24, 2004 a modern military power in history. Mr. Speaker, I believe that Prime Minister Mr. ISSA. Mr. Speaker, I rise today to honor The Marines of the First Division, who Sharon’s disengagement plan represents an Major General William G. Bowdon for thirty- spearheaded this victory, were trained at important opportunity to break the deadlock in

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.038 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1253 Israeli-Palestinian relations. I am further en- HONORING BILL McSWEEN comprehensive review. Our borders are a se- couraged that the Palestinian Authority and curity gap that must be addressed now. The Egypt seem to agree, and are working to en- HON. THADDEUS G. McCOTTER challenges we face with our immigration policy sure security in post-disengagement Gaza. OF MICHIGAN are well known to Congress, the Department For these reasons, I support the resolution IN THE HOUSE OF REPRESENTATIVES of Homeland Security, and the Administration. and urge my colleagues to do the same. The time has come for us to act now on pre- Thursday, June 24, 2004 serving our security and liberty. f Mr. MCCOTTER. Mr. Speaker, I rise today f in honor of Bill McSween upon his retirement CONGRATULATING PROFESSOR after 26 years of service to our community. A TRIBUTE IN HONOR OF 2004 ROSALIE LEVINSON After graduating from Brown University on a LEGRAND SMITH OUTSTANDING hockey scholarship, Bill McSween served our TEACH AWARD WINNER SCOTT country in the United States Army. In 1978, GERMAN OF COLDWATER, MICHI- HON. PETER J. VISCLOSKY the same year he was inducted into the Michi- GAN gan Amateur Athletic Hall of Fame for his ex- OF INDIANA ceptional hockey career, Bill came to the HON. NICK SMITH IN THE HOUSE OF REPRESENTATIVES Redford Township Parks and Recreation De- OF MICHIGAN partment as Assistant Director. In 1992, Bill IN THE HOUSE OF REPRESENTATIVES Thursday, June 24, 2004 was promoted to Director of Parks and Recre- Thursday, June 24, 2004 Mr. VISCLOSKY. Mr. Speaker, it is with ation. Mr. SMITH of Michigan. Mr. Speaker, edu- great pleasure that I congratulate one of Over the past 26 years, Bill has left an un- cation is the key to our Nation’s future pros- Northwest Indiana’s most caring and dedi- deniable mark upon our community. Citizen perity and security. The formidable responsi- cated citizens, Professor Rosalie Levinson. participation in recreation programs throughout bility of molding and inspiring young minds to Her career as a Professor at Valparaiso Uni- the township has flourished under his direc- the avenues of hope, opportunity and achieve- versity has allowed her the opportunity to tion. Bill successfully negotiated two projects ment partially rests in the hands of our teach- touch the lives of numerous students, both in involving school lands being leased to the ers. Today, I would like to recognize a teacher and out of the classroom. In honor of her gra- township for one dollar, which fostered the from Coldwater, Michigan who significantly in- cious service to Valparaiso University, on May creation of new recreational programs for both fluenced and motivated exceptional students 1, 2004 she was named the first Phyllis and the township and the schools involved; and in academics and leadership who were win- Richard Duesenberg professor of law. Rosa- successfully passed on his passion for sports ners of the LeGrand Smith Scholarship. lie’s appointment was announced during a and recreation to our entire community. Scott German teaches Biology at Bronson gala at Chicago’s Field Museum celebrating Let there be no doubt: Bill McSween is a High School in Bronson, Michigan. He is cred- the 125th anniversary of Valparaiso Univer- paragon of public service. ited with instilling in students an enthusiasm sity’s School of Law. His wife, Marge, and his children, Katie, for not only these subjects, but also for life. As Kelly and Bill, should be rightly and extremely one of his students, Bobby Jo Ludwick said, Rosalie Levinson has accomplished many proud of the undeniable mark he has left on visionary goals throughout her career. She ‘‘Mr. German has taught me the importance of the life of our community; while, we all will good leadership and community service. The earned her bachelor’s and master’s degrees at sorely miss and always benefit from his dedi- Indiana University and her law degree from self-confidence that I’ve gained from his sup- cation and leadership. port will play a role in my life everyday. He Valparaiso University. Rosalie has been a law Mr. Speaker, I extend my sincere apprecia- professor at Valparaiso University since 1973. has taught me that I can make a difference. I tion to Mr. Bill McSween, upon his retirement thank him for making a difference for me.’’ She has argued several civil rights cases be- as Director of Parks and Recreation for fore the 7th Circuit Court of Appeals and is a The respect and gratitude of his students Redford Township, for his fine service to our speaks well of Scott’s ability to challenge frequent lecturer on continuing legal edu- community and our country. cation, including the Federal Judicial Center young minds and encourage them to always f for Federal Judges and the Practice Law Insti- put forth their best effort. tute programs. Rosalie has team taught with CONCERNS ON THE STATE OF Scott German’s extraordinary work as a the United States Supreme Court Justices IMMIGRATION teacher has challenged and inspired countless Antonin Scalia, Ruth Bader Ginsburg, and students to move beyond the teenage tend- Clarence Thomas at the Valparaiso Univer- HON. MARION BERRY ency of superficial study and encourage them sity’s study center in Cambridge, England. to foster deeper thought and connections to OF ARKANSAS the real world. Arguably, no profession is more Numerous articles written by Rosalie have IN THE HOUSE OF REPRESENTATIVES important because of its daily influence upon been published in national law journals. She Thursday, June 24, 2004 the future leaders of our community and our has co-authored with Professor Bodensteiner country, and Scott’s impact on his students is a four volume treatise entitled ‘‘Civil Rights Li- Mr. BERRY. Mr. Speaker, I rise to express my concerns with the alarming state of immi- certainly worthy of recognition. ability’’ and also a textbook entitled ‘‘Civil On behalf of the Congress of the United Rights Legislation and Litigation.’’ Rosalie gration in this country. As a member of the Homeland Security Appropriations Sub- States of America, I am proud to extend our served as chair of the Civil Rights Section of highest praise to Scott German. We thank him the Association of American Law Schools and committee, I have heard numerous officials testify to the porous state of both our northern for his continuing dedication to teaching and as a board member on the Jewish Human Re- his willingness and ability to challenge and in- lations Council of Northwest Indiana. and southern borders. For example, the U.S. Border Patrol has reported a jump in illegal spire students to strive for success. Although Rosalie has served on numerous migration rates of 25% to 535,000. In Tucson, f Law School and University Committees and Arizona alone, the Border Patrol averages A TRIBUTE TO MR. LESTER R. has donated time to the students at Valparaiso daily arrests of 2,000. Border Patrol agents CURTISS AND MRS. MADLYN L. University, she has never neglected to provide continue to be overworked and understaffed. CURTISS support and love to her family. Rosalie and The U.S. continues to add millions of illegal her husband Don have two children and two aliens to its population. We must start taking HON. JOEL HEFLEY grandchildren. a hard look at how to handle the influx of peo- OF COLORADO Mr. Speaker, Rosalie has given her time ple entering into the U.S. I believe that any IN THE HOUSE OF REPRESENTATIVES and efforts selflessly to the students at discussion of our immigration policy should Valparaiso University throughout her years of begin with the security of our borders. As we Thursday, June 24, 2004 service. I respectfully ask that you and my continue to combat terrorism and heightened Mr. HEFLEY. Mr. Speaker, with recent dedi- other distinguished colleagues join me in con- terrorist threats, we must begin working to- cation of the WWII Memorial and the 60th an- gratulating Professor Rosalie Levinson for her wards solutions to help our agents and secure niversary of D-Day, all Americans were re- outstanding contributions. I am proud to com- our borders. minded of the courage and sacrifices made by mend her for her lifetime of service and dedi- As the tragic events of 9/11 demonstrated, members of the Greatest Generation. In par- cation. our immigration system needs a major and ticular, we’ve gained a greater appreciation

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.041 E25PT1 E1254 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 from our fellow citizens that served in the administrative jurisdiction of the Secretary of ronment with appropriate means of access, Armed Forces and their families alike. Today the Interior. The bill also provides for a subse- even if that includes the snowcoach only al- I choose to honor Lt Col (U.S. Army retired) quent land exchange involving a portion of ternative. I understand the Park Service is consid- Les and Mrs. Madlyn Curtiss, who began their these lands—about 40 acres—with a neigh- ering alternatives that include one that military service to our Nation that extended 24 boring private landholder. This land is part of would allow only snowcoaches, and others years and three wars. Colonel and Mrs. Cur- a larger tract that was acquired in the 1930s that include restrictions on the number of tiss are patriotic volunteers in the truest sense. by the U.S. Reclamation Service to construct snowmobiles that may enter the parks each Colonel Les Curtiss enlisted in the Army as Cle Elum Dam and Reservoir. The land was in day, technology requirements, guiding re- a Private and rose through the ranks to Mas- turn transferred to the Forest Service in 1966, quirements, and where snowmobile travel is ter Sergeant. He served in the 13th and 82d after the Interior Department concluded it was appropriate. I do believe our parks should be Airborne Divisions, and later in the 187th Air- no longer needed for Reclamation project pur- accessible. But if an alternative that in- cludes snowmobile access is to be imple- borne Regimental Combat Team during the poses. The legislation I am introducing com- mented, I think it is critical that such access Korean Conflict. He received his commission pletes the cycle of returning a portion of the not detract from the experiences of those as a Second Lieutenant in 1952, and was the property back to Interior, and a smaller portion who prefer to explore the parks in other Distinguished and Honor Graduate of his Offi- back to private ownership. This legislation en- ways. cer Candidate Class. In 1958, he transferred ables a public-private partnership to develop I appreciate the Park Service’s efforts to from the Infantry to the Signal Corps. much-need infrastructure and simplifies prop- find a balanced solution that I hope will en- As a Signal Corps Officer, Colonel Les Cur- erty boundaries. This legislation enjoys the hance the experiences for everyone who vis- tiss served as an Airborne Battle Group Signal support of local elected officials and many its these magnificent parks. Thank you for considering my comments as NPS moves for- Officer and Advisor to the 5th Military Region, local organizations, businesses. I ask that you ward with its short and long-term winter use Vietnam; Instructor at the Signal Officers Ad- please refer this legislation to the proper com- revisions. vance Course, Fort Monmouth, New Jersey; mittee for consideration. Sincerely, Deputy Commander, U.S. Army Element f ROB PORTMAN, NATO, and Camp Commandant, Camp Representative. DEPARTMENT OF THE INTERIOR Voluceau, NATO, Paris, France; and attended f the U.S. Army Command and General Staff AND RELATED AGENCIES APPRO- College, Fort Leavenworth, Kansas. PRIATIONS ACT, 2005 DEATH IN DARFUR Both Colonel Les Curtiss and his life’s part- ner Madlyn believed that no word was ever SPEECH OF HON. FRANK R. WOLF spoken that has held out greater hope than HON. ROB PORTMAN OF VIRGINIA Freedom; and nothing demands greater sac- OF OHIO IN THE HOUSE OF REPRESENTATIVES rifice, needs to be nurtured, and comes closer IN THE HOUSE OF REPRESENTATIVES Thursday, June 24, 2004 to bring God’s will on earth. They both be- Thursday, June 17, 2004 lieved that Freedom is worth fighting for; and Mr. WOLF. Mr. Speaker, I would like to sub- while her husband served in a variety of Army The House in Committee of the Whole mit for the RECORD three new articles regard- command and staff positions, Mrs. Madlyn House on the State of the Union had under ing the continuing crisis in Darfur, Sudan. I will Curtiss faithfully performed her duty as well. consideration the bill (H.R. 4568) making ap- continue to submit articles exposing the The World War II Generation made their propriations for the Department of the Inte- crimes occurring against the people of Darfur. rior and related agencies for the fiscal year I will not stop until the world takes notice and mark in American History as soldiers; and they ending September 30, 2005, and for other pur- were undoubtedly very successful as veterans the unnecessary death of innocent civilians poses: ends. as well. In every field, they quickly assumed Mr. PORTMAN. Mr. Chairman, I would like [From the New York Times, June 23, 2004] positions of leadership, often transforming en- to submit this letter which I sent to Secretary MAGBOULA’S BRUSH WITH GENOCIDE tire industries, research fields, and profes- Norton. This letter concerns an amendment to sions, or creating new ones. After his retire- H.R. 4568 regarding winter use of snowmo- (By Nicholas D. Kristof) ment from the U.S. Army, Colonel Les Curtiss biles at Yellowstone and Grand Teton National Along the Sudan-Chad Border—Meet and his wife Madlyn moved to Colorado Parks and the John D. Rockefeller, Jr., Memo- Magboula Muhammad Khattar and her baby, Nada. I wrote about Ms. Khattar in my last Springs, Colorado, and pursued a life-long rial Parkway. dream of teaching. He assumed a position on two columns, recounting how the Janjaweed CONGRESS OF THE UNITED STATES, Arab militia burned her village, murdered the faculty at Falcon School District #49. Mr. HOUSE OF REPRESENTATIVES, her parents and finally tracked her family Les Curtiss taught Speech, Mathematics, Washington, DC, June 18, 2004 down in the mountains. Ms. Khattar hid, but World Geography, Government, and History. Hon. GAIL A. NORTON, the Janjaweed caught her husband and his He also served as the Chairman of the Social Secretary of the Interior, U.S. Department of brothers, only 4, 6 and 8 years old, and killed Science Department and President of the Fal- the Interior, Washington, D.C. them all. con Teachers Association. DEAR SECRETARY NORTON: I am writing re- Ms. Khattar decided that the only hope for These two great American’s were born in garding winter use of snowmobiles at Yel- saving her two daughters and her baby sister lowstone and Grand Teton National Parks the immediate aftermath of WWI, they sur- was to lead them by night to Chad. They had and the John D. Rockefeller, Jr., Memorial to avoid wells where the Janjaweed kept vived the Great Depression and answered Parkway. watch, but eight days later, half-dead with their country’s summons when totalitarianism As you know, this week the House of Rep- hunger and thirst, they staggered across the and fascism threatened the world. As General resentatives voted narrowly to defeat an dry riverbed that marks the border with George Marshall stated, ‘‘they have made his- amendment to the House Interior Appropria- Chad. tory, a great history for the good of mankind,’’ tions bill, which provided for a total ban of That’s where I found Ms. Khattar. She is and today I honor them for their service and snowmobile access to the parks. I voted part of a wave of 1.2 million people left commitment. against the amendment, but only with the homeless by the genocide in Darfur. understanding that the National Park Serv- Among those I met was Haiga Ibrahim, a f ice intends to implement a plan that ensures 16-year-old girl who said her father and three CLE ELUM LAND EXCHANGE the protection of the wildlife and natural older brothers had been killed by the beauty of these American treasures for cur- Janjaweed. So Haiga led her crippled mother rent and future generations. and younger brothers and sisters to Chad. HON. DOC HASTINGS I believe the concerns of snowmobile emis- But the place they reached along the border, OF WASHINGTON sions and noise at the parks are valid and Bamina, was too remote to get help from must be addressed. I realize that the newer IN THE HOUSE OF REPRESENTATIVES overtaxed aid agencies. ‘‘four-stroke’’ snowmobiles reduce emissions So when I found her, Haiga was leading her Thursday, June 24, 2004 and noise significantly. While I believe these brothers and sisters 30 miles across the Mr. HASTINGS of Washington. Mr. Speak- advances in snowmobile technology merit re- desert to the town of Bahai. ‘‘My mother consideration of winter use at the parks, I er, today I am introducing a bill to transfer can’t walk any more,’’ she said wearily. believe the Park Service must carefully con- ‘‘First I’m taking my brother and sisters, lands along the Cle Elum River in Washington. sider the short and long-term alternatives. I and then I hope to go back and bring my This legislation will transfer about 400 acres of seek your assurance that NPS will determine mother.’’ land along the Cle Elum River in Washington an appropriate winter use plan that balances There is no childhood here. I saw a 4-year- state from the Secretary of Agriculture to the the need to protect the parks’ unique envi- old orphan girl, Nijah Ahmed, carrying her

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JN8.046 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1255 13-month-old brother, Nibraz, on her back. women who have been repeatedly raped, and it to conduct ‘ethnic cleansing’ in Darfur,’’ Their parents and 15-year-old brother are heard of girls as young as 11 who’ve been ab- says Human Rights Watch. The Brussels- missing in Sudan and presumed dead. ducted. The women are effectively trapped, based International Crisis Group says Darfur As for Ms. Khattar, she is camping beneath unable to venture outside the towns and can ‘‘easily become as deadly’’ as the Rwan- a tree, sharing the shade with three other camps to search for firewood and grass— da genocide of 1994. Then, soldiers, militia- women also widowed by the Janjaweed. In items essential to their survival, either to men and civilians of the Hutu majority some ways Ms. Khattar is lucky; her chil- sell in exchange for food or for their own use. killed more than 500,000 minority Tutsis and dren all survived. Moreover, in some Suda- As an aid worker specializing in health and politically moderate Hutus in 100 days. All nese tribes, widows must endure having their nutrition, with experience in emergencies along, Sudan has denied allegations of com- vaginas sewn shut to preserve their honor, around the world, I came to Sudan prepared plicity with the Arab militias and has but that is not true of her Zaghawa tribe. for a grim situation. But Darfur is by far one blamed rebels for rights violations. Ms. Khattar’s children have nightmares, of the worst humanitarian crises I’ve wit- In February 2003, the Zaghawa, Fur and their screams at night mixing with the yelps nessed. The aid agency’s pleas haven’t fallen Masalit black tribes rebelled against what of jackals, and she worries that she will lose on deaf ears, as more than £300,000 has al- they regarded as unjust treatment by the them to hunger or disease. But her plight ready been donated. But Martha Clarke, the Sudanese government in their historic strug- pales beside that of Hatum Atraman Bashir, head of media for Cafod, says the press in the gle over land and resources with their Arab a 35-year-old woman who is pregnant with UK is very focused on domestic matters and countrymen. the baby of one of the 20 Janjaweed raiders admits there’s a ‘‘kind of fatigue’’ when it Countless thousands of tribesmen have who murdered her husband and then gang- comes to reporting on the crisis. ‘‘It’s a died in a brutal counterinsurgency. The con- raped her. shame that there needs to be conflict to flict has uprooted more than 1 million, and Ms. Bashir said that when the Janjaweed bring it to the media’s attention,’’ she says. the Bush administration believes this many attacked her village, Kornei, she fled with Cafod and other agencies are doing what could die unless a peace settlement is her seven children. But when she and a few we can to alleviate people’s suffering, con- reached and relief supply deliveries are other mothers crept out to find food, the centrating on providing shelter, food, water greatly accelerated. Sudanese cooperation Janjaweed captured them and tied them on and sanitation to the hundreds of thousands has been limited but is improving. the ground, spread-eagled, then gang-raped of people made homeless. But time is run- The Muslim-vs.-Muslim conflict is separate them. from the 21-year war between ethnic Arab ‘‘They said, ‘You are black women, and ning out in which to reach them—our aim is Muslim militants in northern Sudan and the you are our slaves,’ and they also said other to beat the rains which come in early July, black African non-Muslim south. That three- bad things that I cannot repeat,’’ she said, and cut off many parts of this devastated re- decade-long struggle may be ending thanks crying softly. ‘‘One of the women cried, and gion. to peace accords signed last month. they killed her. Then they told me, ‘If you Rainy season. These rains have to be seen A U.S. interagency review is aimed at cry, we will kill you, too.’’’ Other women to be believed. A thunderstorm broke while I judging whether the Darfur tragedy qualifies from Kornei confirm her story and say that was there. Tucked inside a local office, at as genocide under a 1946 international con- another woman who was gang-raped at that least I had cement walls and a roof. Thou- vention that outlaws the practice. time had her ears partly cut off as an added sands of others crouched together under shelters hastily built from narrow poles cov- ‘‘I believe what is occurring in Sudan ap- humiliation. proaches the level of genocide,’’ says Rep. One moment Ms. Bashir reviles the baby ered in grain. The torrential rain soon flat- Jim Kolbe, R–Ariz., a senior member of the inside her. The next moment, she tearfully tened many. House Appropriations Committee. He and changes her mind. ‘‘I will not kill the baby,’’ When the rains arrive, those without shel- several colleagues are pushing for $95 million she said. ‘‘I will love it. This baby has no ter face the new threat of acute respiratory infections and malaria. Without food, they in emergency assistance for Darfur’s victims. problem, except for his father.’’ Rabbi Marvin Hier, of the Simon Ms. Khattar, the orphans, Ms. Bashir and will not have the strength to fight disease Wiesenthal Center, a group opposed to intol- countless more like them have gone through that stems from unclean water and lack of erance in all forms, says Washington could hell in the last few months, as we have all sanitation. Because of the severe water increase the pressure on the Sudanese gov- turned our backs—and the rainy season is shortages, people queue for up to 10 hours at ernment by issuing a ‘‘stern warning’’ that, starting to make their lives even more mis- the few pumps—and this leaves them vulner- in the U.S. view, it is ‘‘close to if not bor- erable. In my next column, I’ll suggest what able to further attack. There is barely dering on genocide.’’ This would greatly im- we can do to save them. For readers eager to enough water to drink, let alone wash. And pact international public opinion, said Hier, act now, some options are at with few latrines and cramped conditions in founder and dean of the center. www.nytimes.com/kristofresponds, Posting the towns and camps, the health risks are Mark Schneider, a vice president of the 479. enormous. Already many children have died from a International Crisis Group, says Hier may [From the BBC News] measles epidemic, which is now under con- have a point. He also cautions that a geno- FROM THE GRIM TIMES IN SUDAN trol. But the children are traumatized, and cide designation by the United States could (By Tamsin Walters) food shortages and disease have left the very thrust the U.N. Security Council into pro- Food and water are scarce, women have young with severe malnutrition. longed debate, deflecting attention from been gang-raped, disease is rife. In the The towns of the south are among the last Darfur’s massive humanitarian needs. Darfur conflict, even an experienced aid places to be reached by aid organizations. So A role for the United Nations is made clear worker can be taken aback by the hardships the people themselves do much of the work. under Article 8 of the Genocide Convention: suffered—but will the rest of the world hear Local communities have taken the displaced ‘‘Any contracting party may call upon the Sudan’s pleas for help? into their own homes, or helped them build competent organs of the U.N. to take such Driving along the deserted, pot-holed roads shelters, as well as offering cooking utensils. action under the Charter of the U.N. as they towards southern Darfur, the unfolding With whole villages being emptied in one consider appropriate for the prevention and scenes of devastation are marked by burnt- fell swoop following Janjaweed attacks, the suppression of acts of genocide.’’ out village after burnt-out village. Mud walls displaced often include teachers and health U.N. Secretary-General Kofi Annan said he are torn down or smashed, and straw roofs no workers, who are working hard for their wasn’t ready to describe the situation in longer exist. Discarded sandals litter the communities. And our role is to help provide Darfur ‘‘as genocide or ethnic cleansing area, illustrating the speed with which the the tools they need to survive. yet,’’ but he called it ‘‘a tragic humanitarian situation.’’ For now, the U.S. administration people have fled. [From the New York Times, June 23, 2004] This rapid flight has left hundreds of thou- seems to be tilting against the genocide NEWSVIEW: SUDAN MAY BE NEXT FOR sands of people with nothing. No clothes, no label but is sticking with ethnic cleansing to GENOCIDE sleeping mats to lay over the bare earth, no describe the situation. cooking utensils. Any personal belongings (By The Associated Press) With so many in Darfur at risk of dying, are likely to be among the charred remains WASHINGTON (AP).—Genocide has struck ‘‘legal distinctions about genocide versus left behind in the villages. And attacks by many victims over the past 65 years: Euro- ethnic cleansing are going to seem rather the Janjaweed, the Arab militia blamed for pean Jews during World War II, Cambodians hollow,’’ says State Department deputy perpetrating atrocities against African farm- in the late 1970s, Rwandans in 1994. There spokesman Adam Ereli. The focus, he says, ers, continue. Rather than a sense of secu- may be a new addition: The black African should be on helping the needy. Humani- rity in the towns and camps to which the ref- tribes of Darfur province in western Sudan tarian access remains a serious problem, the ugees have fled, the mood of fear is oppres- have faced murder, displacement, pillage, result of both government resistance and the sive. razing of villages and other crimes com- remoteness of the Iraqi-sized province. The The only people seen on the road are mitted by Arab militias known as janjaweed. United States has been airlifting relief sup- Janjaweed groups laden down with the ani- The dictionary defines genocide as ‘‘the plies to the region, a costly process. mals they have looted and the goods they systematic killing of a racial or cultural Over the weekend, Sudan President Omar have taken. They wave happily as we drive group.’’ The U.S. government is reviewing el-Bashir vowed to disarm the militias. Also, by. whether Darfur qualifies for the designation. peace talks between government and rebel Sex crimes. Security is the major problem ‘‘The janjaweed are the government’s mili- leaders opened in Berlin on Tuesday. U.S. of- facing the people of Darfur. I’ve spoken to tia, and Khartoum has armed and empowered ficials are wary about the Sudanese gestures,

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JN8.049 E25PT1 E1256 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 pointing out that Khartoum has routinely on the 40th anniversary of the unveiling of the choose and realize their goals of where and violated an April 8 cease-fire agreement. Taras Shevchenko monument. Taras how they learn, live, work and play. f Shevchenko was the hero of the national lib- The Arc has an active adult social program RECOGNIZING SUE HOLMAN AND eration struggle and an inspiration to many that involves approximately 200 individuals SUSAN WEEKS generations. He freed himself from serfdom every month in a wide range of activities of and opened his mind to the vision of an inde- their choosing. The Arc also provides case pendent Ukraine, free from Russian impe- management, skills training and other services HON. MIKE THOMPSON rialism. that assist more than sixty individuals to live OF CALIFORNIA A democratic Ukraine in the midst of other independently as active members of their IN THE HOUSE OF REPRESENTATIVES European monarchies was Shevchenko’s goal. communities across Cape Cod. In addition, Thursday, June 24, 2004 He inspired the Ukrainian nation to take pride the Arc of Cape Cod is a constant source of Mr. THOMPSON of California. Mr. Speaker, in its heritage and continued struggle for sov- helpful information, referrals to services, and I rise today to recognize two extraordinary ereignty and independence. His poetry and support for Cape Cod families. women who have jointly been named the City political activities were almost exclusively de- In appreciation of their 50 years of devoted of Sonoma’s 2004 Alcaldesas, or Honorary voted to this goal and his work has ignited the service, Mr. Speaker, I ask my colleagues in Mayors. hearts of Ukrainians for almost two centuries. Congress to join me in honoring the Arc of For more than 10 years, Sue Holman and His words inspired the people of Ukraine to Cape Cod. Susan Weeks have volunteered countless persevere, attain independence and rebuild a f hours to Sonoma Valley’s Meals on Wheels prosperous and democratic Ukraine. RECOGNITION OF THE 40TH ANNI- program. They work five days a week pre- Four decades ago, the Ukrainian American VERSARY OF THE CIVIL RIGHTS paring two gourmet meals for housebound community gathered before his monument to ACT OF 1964 residents. A typical weekly fare is pork chops celebrate its unveiling, but more importantly, to in mushroom sauce, spicy lamb logs, linguini inform the world of the horrific crimes that and clams, tamale pie and roast beef. Over were being committed against Ukrainians. For HON. JULIA CARSON the past 10 years, they calculate that they the first time, the world heard the truth about OF INDIANA have prepared a quarter of a million meals. the genocide inflicted on the Ukrainian nation IN THE HOUSE OF REPRESENTATIVES In addition to all of the food preparation, by the totalitarian Moscow regime in 1932– Thursday, June 24, 2004 they prepare the menus, shop for groceries, 1933, which claimed the lives of 7–10 millions Ms. CARSON of Indiana. Mr. Speaker, on do all of the baking, maintain inventory control of innocent people. Ukrainian Americans stood and supervise the 90 volunteers who package the 40th anniversary of the Civil Rights Act of united in their cause to expose the truth and and deliver the food and assist in the kitchen. 1964, let those who lived through that time re- They recognize that many of the people help their brethren in Ukraine lift the yoke of call and celebrate its powerful role in changing they serve live alone and try to make each Soviet oppression. our lives and the life of our Nation by sharing day special. Each holiday has a theme meal. Today, I welcome the initiative to unite the that knowledge with those who came after. As Each client receives a personalized present or Ukrainians American community in order to we do so, let us remember that a major im- two at Christmas or Hanukah and on their help Ukraine make a final step toward true de- pact of that law was to give strength to ordi- birthday plus a split of wine or champagne. mocracy. In light of the upcoming presidential nary people so that they might do extraor- They are able to maintain a high quality of elections, which will determine the future dinary things to change the way the nation fare and bolster the spirits of the people they course of development in Ukraine, the Ukrain- worked, responding with smoother voices and serve while running the only all-volunteer ian Americans once again join together to firmer advocacy for the civil rights of everyone, Meals on Wheels program in the State of Cali- send a clear message to the Government of bringing about a broad expansion of equal op- fornia. Ukraine: the world is watching the pre-election portunity across the life of the nation. In recognition of their contributions, the City campaign in Ukraine and expecting the gov- f of Sonoma designated them ‘‘las dos ernment to ensure free and fair elections. Alcaldesas,’’ following a 28-year-old tradition Ukraine needs this final impetus to break with IN RECOGNITION OF DR. C.O. of selecting someone in the community who its totalitarian past and ensure a path toward GRINSTEAD works selflessly on behalf of others. The Al- democracy and a realization of Shevchenko’s calde/Alcaldesa reflects the town’s Spanish dream. HON. MIKE ROGERS and Mexican heritage and the ‘‘Honorary May- f OF ALABAMA ors’’ will preside at all ceremonial functions on IN THE HOUSE OF REPRESENTATIVES behalf of the city. IN RECOGNITION OF THE ARC OF Susan Weeks settled in Sonoma 18 years CAPE COD’S 50TH ANNIVERSARY Thursday, June 24, 2004 ago following an international career that took Mr. ROGERS of Alabama. Mr. Speaker, I her to Jerusalem, South Africa and Wash- HON. WILLIAM D. DELAHUNT rise today to recognize Dr. C.O. Grinstead, ington DC. In addition to Meals on Wheels, OF MASSACHUSETTS who will celebrate his 35th year as pastor to she has also been active in public safety and IN THE HOUSE OF REPRESENTATIVES the congregation of Trinity Baptist Church, in infrastructure issues, and works with the Oxford, Alabama, on June 27, 2004. Thursday, June 24, 2004 Verano Springs Association and the Sonoma During these 35 years, Dr. Grinstead has Valley Citizens Action Committee. Mr. DELAHUNT. Mr. Speaker, I rise today participated in evangelistic meetings and reviv- Sue Holman is a retired investment banker to recognize the 50th anniversary of the Arc of als in 43 countries around the world and who has been in Sonoma 11 years. An animal Cape Cod. The Arc of Cape Cod was estab- served as music evangelist for the Tom Wil- lover, she was one of the driving forces in the lished in 1954, by a small group of dedicated liams Evangelistic Ministries. He was moder- establishment of Sonoma’s only dog park. parents with special needs children as a vol- ator of the Southwide Baptist Fellowship, and Mr. Speaker, Susan Weeks and Sue Hol- untary, non-profit organization to help improve he is now on the board of the Alabama Chris- man provide an invaluable service to their the lives of Cape Cod residents with develop- tian Education Association. Dr. Grinstead was community, and it is appropriate that we honor mental disabilities and their families. The Arc instrumental in beginning Trinity Christian them today as Sonoma, California’s 2004 Dos of Cape Cod was an outgrowth of a wave of Academy, a Christian school of over 300 stu- Alcaldesas. parent-sponsored organizations across the dents, and two Christian radio stations reach- f United States, banding together at the state ing 24 counties. SUPPORT FOR A DEMOCRATIC and national levels to advance the quality of Dr. Grinstead was born in Gary, Indiana, UKRAINE life of their children with special needs. and in 1962, graduated from Tennessee Tem- From its founding, the Arc has played an ple University in Chattanooga, Tennessee. He HON. MAURICE D. HINCHEY important role in advocating for changes to im- received his doctorate from Florida Bible Col- prove and enrich the lives of individuals with lege in 1989, and then served as Associate OF NEW YORK developmental disabilities. For the past 50 Pastor of Victory Baptist Church in Jackson- IN THE HOUSE OF REPRESENTATIVES years, the Arc of Cape Cod has been an in- ville, Florida for over seven years before mov- Thursday, June 24, 2004 valuable resource to individuals with disabil- ing to Alabama. Mr. HINCHEY. I congratulate all Ukrainians ities and their families through its mission of Mr. Speaker, I am proud to join the con- in the United States and throughout the world empowering Cape Cod residents to identify, gregation of Trinity Baptist Church as they

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.051 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1257 honor Dr. Grinstead for his commitment to and his family returned to their original home- Home ownership is the cornerstone of the their church and its congregation. town of Salt Lake City, Utah. It was there American Dream. For millions of American f where young Dick developed a passion for families, this dream is still just out of reach. music that became a prominent part of his life, This is especially true for families living in eco- RECOGNIZING LT. COL. ELIZABETH actively participating in school bands and pa- nomically distressed neighborhoods, where J. MAGNERS rades, and, after graduating from Jordan High the costs of renovating existing buildings or School, accepting a job at Daynes Music that of new construction frequently exceed the HON. JIM GERLACH Company in Provo, Utah. market value of homes in the community, OF PENNSYLVANIA In Provo, Dick became involved with a band making it impossible to obtain mortgage fi- IN THE HOUSE OF REPRESENTATIVES that performed in dance halls and private par- nancing. This leads to further deterioration in ties, leading him to the love of his life, JoAnn. Thursday, June 24, 2004 declining neighborhoods, and forces families Searching for the best dance band around for to look elsewhere for the opportunity to own Mr. GERLACH. Mr. Speaker, I rise today to her junior prom at Provo High School, JoAnn their own home. recognize Lt. Col. Elizabeth J. Magners for her was introduced to Dick. The momentous meet- My friend ROB PORTMAN and I introduced 60 years of exemplary service with the Civil ing marked the beginning of beautiful things to H.R. 839, the Renewing the Dream Tax Credit Air Patrol. come. Act, which would provide a tax credit for sin- Elizabeth Magners, born in Altoona, Penn- Like many young men of his generation, gle-family home ownership. Modeled after the sylvania, graduated from the Civil Air Patrol Dick was drafted into the U.S. Army to fight in successful low-income rental housing tax cred- National Staff College at Maxwell Air Force the Korean war. Before heading overseas, it, this proposal would allow states to allocate Base, Alabama, in 1969. She furthered and Dick obtained an overnight pass and married federal tax credits to developers and investors completed her training at the Air University Ex- his sweetheart shortly after midnight on the who provide single-family homes for purchase tension Course Institute program for Civil Air Fourth of July, 1954, at Fort Ord, California. by qualified buyers in qualified areas. The pro- Patrol officers at Gunter Air Force Base, Ala- Instead of being sent to Korea, Dick was gram will also help stabilize troubled urban bama. On June 20, 1944, Elizabeth Magners stationed in Germany, where JoAnn joined neighborhoods, while spurring new construc- joined the Civil Air Patrol (CAP) and thereby him in March, 1955. In Germany, Dick was as- tion and rehabilitation in rural areas targeted commencing what is now 60 years of service. signed to the 2nd Armored Tank division and for economic development. She served in the volunteer civilian auxiliary of assigned to be in charge of the Army Dance The bill would allow states to provide devel- the U.S. Air Force in various capacities, in- Band in Western Germany. opers or investors tax credits up to 50% of the cluding commander of the General Carl A. In February, 1956, the happy couple re- combined costs of acquiring, building, and ren- Spaatz Squadron of Boyertown, Pennsylvania. turned to Provo, where Dick studied music ovating properties for sale to qualified buyers. She was a Public Affairs Officer of the Penn- and business at Brigham Young University, The tax credits would be carefully targeted to sylvania Wing and served on projects and as- while JoAnn joined her mother in opening Bul- areas in need of economic growth incentives, signments at Northeast Region and National lock’s Jewel Box that same year. On July 17, and to families who need help buying a home. Headquarters levels where she attained the 1956, they were blessed with their first born, States will have flexibility in allocating the tax rank of Lieutenant Colonel. Richard. Six years later, on September 20, credits. The available tax credits under the Elizabeth Magners has received numerous 1962, their beloved daughter Vanessa was program are capped at $1.75 per capita, with awards and honors during her six decades of born. Their children and grandchildren are a no state to receive less than $2 million in service, including the CAP’s Distinguished source of great pride and love for the couple. credits. Service Award, the Exceptional Service After a short time selling life insurance, Dick This proposal has the support of a broad Award, the Meritorious Service Award and nu- joined JoAnn and his mother-in-law in the jew- coalition of groups with substantial expertise in merous Commanders Commendation certifi- elry business, starting Bullock and Losee Jew- the housing industry, including the National cates. In addition to her service awards, she elers. After 30 successful years, the original Association of Home Builders, the National was also honored by the Freedoms Founda- business was sold in 1985. However, Alard Conference of State Housing Agencies, the tion at Valley Forge, Pennsylvania for her 24- and Losee jewelers was later established in National Association of Realtors, Fannie Mae year radio show entitled ‘‘Wings Over Provo, Alard being Vanessa’s married name. and Freddie Mac, and a number of non-profit Boyertown’’ and her unit publication, ‘‘The Dick and JoAnn have incorporated service organizations, including the Enterprise Foun- Question Mark.’’ into every aspect of their lives. Their dedica- dation, the Local Initiative Support Corporation Elizabeth is a past president of the Lehigh tion to their community is truly outstanding, ac- and Habitat for Humanity International. Valley Chapter 274 Air Force Association, a tively participating in the Provo/Orem Chamber H.R. 839 could open the door to affordable life member of the U.S. Naval Institute, mem- of Commerce, Friends of the Freedom Fes- homeownership for as many as 50,000 fami- ber of the Reading Chapter of the U.S. Navy tival, Scouting, the Miss Utah Pageant, lies annually. It would not only provide afford- League and a member of the 148th Fighter Kiwanis Club, and The Church of Jesus Christ able housing, but is expected to create up to Squadron of the Pennsylvania Air National of Latter-day Saints. 120,000 jobs annually. H.R. 839 enjoys broad Additionally, the Losees are deeply com- Guard Auxiliary. bipartisan support, with 288 co-sponsors in the mitted to Utah Valley State College (UVSC), Mr. Speaker, I ask my colleagues to join me U.S. House of Representatives. House pas- where JoAnn received the first UVSC Presi- today in recognizing Lt. Col. Elizabeth J. sage of H.R. 839 would be a fitting tribute to dent’s Medallion, in honor of her highly com- Magners for her 60 years of outstanding and National Homeownership Month, bringing the mendable activity in community and civic af- dedicated service to her community, the Com- American Dream home to tens of thousands monwealth of Pennsylvania and the nation. fairs. Mr. Speaker, Dick and JoAnn’s dedication to of working American families. f each other, their family and community is ad- f CONGRATULATING DICK AND mirable and inspiring. On the eve of their 50th TRIBUTE TO CHRIS VICTOR SEMOS JOANN LOSEE ON THEIR 50TH Anniversary, I wish them nothing but the best ANNIVERSARY in the years to come. HON. EDDIE BERNICE JOHNSON f OF TEXAS HON. JOHN T. DOOLITTLE RENEWING THE DREAM TAX IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA CREDIT ACT Thursday, June 24, 2004 IN THE HOUSE OF REPRESENTATIVES HON. BENJAMIN L. CARDIN Ms. EDDIE BERNICE JOHNSON of Texas. Thursday, June 24, 2004 Mr. Speaker, it is with profound sadness that OF MARYLAND Mr. DOOLITTLE. Mr. Speaker, today I wish I pay tribute to the life and the memory of IN THE HOUSE OF REPRESENTATIVES to congratulate two wonderful people and Chris Victor Semos. He was a devoted hus- long-time family friends from the Honorable Thursday, June 24, 2004 band, a loving father, a lawmaker, a humani- Chris Cannon’s district in Utah, Dick and Mr. CARDIN. Mr. Speaker, as we mark tarian, and a leader in the community of God JoAnn Losee, as they celebrate their 50th an- June as National Homeownership Month, it is and the community of mankind. He was un- niversary on the Fourth of July. imperative that we look for ways to help more flagging. Dick was born on Christmas Day in 1932 in of our citizens to achieve the American Dream It was my privilege to serve with Chris Victor Los Angeles, California. At the age of ten Dick of homeownership. Semos in the Texas State capitol in Austin.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.055 E25PT1 E1258 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 Elected to the Texas House of Representa- in something she calls ‘‘Project Appreciation,’’ unions, there is no doubt in my mind of the tives in 1967, he served the people of his dis- but also stands outside the local grocery store benefits Americans across the nation will con- trict and his state with honor, integrity and dis- during the weekends gathering signatures for tinue to gain because of the good work of our tinction for 16 years. A lawmaker’s lawmaker, ‘‘Thank You’’ banners. She has been known to nation’s federal credit unions for many more he served as the Chairman of the Claims gather 400 signatures per banner, sending years to come. Committee, the Business and Industry Com- them to troops in places like Tikrit and Kirkuk, f mittee, the Dallas Legislative Delegation. He as well as making care-packages filled with was untiring. cans of tuna, crackers, and toiletries for a INTELLIGENCE AUTHORIZATION His sense of timing was always perfect. lucky few that have become her regular recipi- ACT FOR FISCAL YEAR 2005 Chris Victor Semos was born in 1936. This ents. She has been honored in the Pensacola SPEECH OF was also the year of the Texas Centennial. News Journal and throughout the First District This was not by chance or happenstance, for of Florida, but it is time that she is recognized HON. CHRISTOPHER SHAYS he believed he was destined to celebrate for her efforts by Congress. OF CONNECTICUT Texas and all things Texas. It was the delight Patriotism is not only shown by our soldiers IN THE HOUSE OF REPRESENTATIVES of Chris Victor Semos’ heart to have the honor in the field but by our people at home. Her Wednesday, June 23, 2004 of serving as the Chairman of the Texas Ses- love for our country and her support of the quicentennial Commission. Because of the en- troops is the true essence of patriotism. She The House in Committee of the Whole House on the State of the Union had under ergy and the energy he devoted to the pro- shows our men and women in the field how consideration the bill (H.R. 4548) to authorize motion and the celebration of Texas’ 150th an- valued and supported they are, giving them appropriations for fiscal year 2005 for intel- niversary, his peers bestowed upon him the hope and faith from back home. By sending ligence and intelligence-related activities of aptly descriptive sobriquet ‘‘The Father of the letters and care packages, and by taking the the United States Government, the Commu- Texas Sesquicentennial.’’ He was indefati- time to gather signatures on a banner from nity Management Account, and the Central gable. people throughout her community, Ms. Sims is Intelligence Agency Retirement and Dis- Chris Victor Semos also made a lasting im- making a true difference in America, a model ability System, and for other purposes, pact on Dallas. For 12 years the people of patriot for all of us to admire. Mr. SHAYS. Mr. Chairman, from its incep- Dallas County as the County Commissioner. Mr. Speaker, on behalf of the United States tion in 1996, the United Nations’ Oil-for-Food He was elected to the office in 1983. During Congress I would like to thank Margaret Sims Program (OFF) was susceptible to political his tenure, he poured every ounce of his con- for her patriotism and support of our troops. manipulation and financial corruption. Trusting siderable energy into building roads and What we need in this country are more young Saddam Hussein to exercise sovereign control bridges around the county. He was unfaltering. men and women like her. over billions of dollars of oil sales and com- Because of his commitment to his commu- f modity purchases invited the illicit premiums nity, Chris Victor Semos was the recipient of and kickback schemes now coming to light. countless awards. His honors, his awards and 70TH ANNIVERSARY OF THE PAS- But much is still not known about the exact his decorations are too vast to name. Em- SAGE OF THE FEDERAL CREDIT details of Oil-for-Food transactions. That is blematic of the esteem in which he was held UNION ACT one reason my Subcommittee on National Se- by his peers and his community, the Oak Cliff curity, Emerging Threats, and International Lion’s Club honored Chris Victor Semos with HON. SPENCER BACHUS Relations convened a hearing on April 21st to the Humanitarian Award. It was not an honor OF ALABAMA help pierce the veil of secrecy that still that he took lightly. As a 50-year member of IN THE HOUSE OF REPRESENTATIVES shrouds the largest humanitarian aid effort in the Oak Cliff Lion’s Club, he promoted the Thursday, June 24, 2004 history. welfare of others and championed reforms that This much we know: The Hussein regime improved the lives of his fellow man and fellow Mr. BACHUS. Mr. Speaker, today I rise to reaped an estimated $10.1 billion from this woman. He was unrelenting. honor the 70th anniversary of the passage of program: $5.7 billion in smuggled oil; and $4.4 Chris Victor Semos was filled with joy when the Federal Credit Union Act on June 26, billion in oil surcharges and kickbacks on hu- he was united in holy matrimony with 1934. Since the passage of this momentous manitarian purchases through the Oil-for-Food Anastasia, his bride of 37 years. His heart was legislation, federal credit unions have consist- Program. There is no innocent explanation for filled with joy with the birth of each of his three ently proven themselves to offer high quality fi- this. daughters, Mary Katherine, Victoria Evelyn, nancial services at low costs to over 85 million At the hearing, the Subcommittee heard the and Kristina Anastasia. They were his greatest Americans. program, while successful in many ways, was mark of distinction. His love and devotion for As members of this body, many of us are riddled with corruption and the independent ef- his wife and his daughters were unceasing. well aware through first-hand knowledge of the forts of the Iraqis to investigate the fraud was Mr. Speaker, after a lifetime of devoting his importance of federal credit unions. Owned by being stifled by the Coalition Provisional Au- life to serving others, Chris Victor Semos has their members, federal credit unions are finan- thority. gone to his eternal rest. Therefore, I ask my cial institutions that embrace the true spirit of We want the State Department, the CPA, colleagues to join me in paying tribute to volunteerism. Federal credit unions are run by the intelligence community, and the U.N. to former Texas State Representative Chris volunteer boards of directors that are elected know there has to be a full accounting of all Semos. Moreover, I join with the city of Dallas by their members, and encourage the value of Oil-for-Food transactions, even if that unac- and the State of Texas in mourning the loss saving regularly to build economic security for customed degree of transparency embar- of an outstanding citizen and friend. the future. rasses some members of the Security Council. The entire premise of the credit union move- f Two months ago, U.N. Secretary General ment is the commitment to values that we can Kofi Annan assured me he wants to get to the THANK YOU, MARGARET SIMS all embrace. Folks with modest means who of- bottom of this scandal and restore faith in the tentimes are overlooked by other types of fi- ability of the U.N. to do its job. Subsequently, HON. JEFF MILLER nancial institutions are assured of access to fi- the Secretary General appointed Paul Volcker OF FLORIDA nancial services thanks to America’s credit to lead an independent panel to look into the IN THE HOUSE OF REPRESENTATIVES unions. Driven by a deeply held commitment Oil-for-Food Program. to member service rather than financial profits, While Mr. Volcker brings expertise and pres- Thursday, June 24, 2004 credit unions offer not only low-cost financial tige to the task, we are concerned about the Mr. MILLER of Florida. Mr. Speaker, I rise services but also much-needed financial edu- slow pace of the U.N. investigation. The today to honor Margaret Sims. Over 1,252 of cation to some of the most neglected sectors Volcker panel has just announced the hiring of our soldiers have a new friend in Ms. Sims, of our society. senior staff. Nevertheless, they continue to who a year ago began writing to a soldier she For these reasons, Mr. Speaker, I rise today say an interim report, possibly this summer, did not know from her hometown of Gulf to recognize and applaud the passage of the will address the conduct of UN employees and Breeze, FL. At 19 years of age and a rising Federal Credit Union Act seventy years ago. allegations about the Secretary General’s sophomore at the University of West Florida, In conjunction with all the fine work of the Na- son’s involvement. Margaret epitomizes patriotism in the United tional Association of Federal Credit Unions But we also need to know more than what States. Margaret not only corresponds with (NAFCU), the trade association that exclu- just happened at the U.N. We also need to many of the troops in Iraq on a regular basis sively represents the interests of federal credit know what happened at the US Mission. We

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.058 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1259 need to know what our intelligence community Rev. Nanton also has been involved with Christ and with the necessity of embracing knew and knows. other organizations in her community, serving one’s spiritual, national and racial identity. Many of the allegations are true, we just as a Board member of the Economic Develop- Archbishop McKinley has been a gift to the don’t know which ones yet. We should be long ment Corporation, a Board member of Black Church. In addition to his pastoral duties, he past asking whether something went wrong in United Methodist for Church Renewal, a past is a leader who is committed to sharing his OFF. It’s time to find out exactly what went president of the Northwest District Board of time and talent with others. wrong and who is responsible. Ordained Ministry, a Board member of Mr. Speaker, Archbishop Wilbert S. McKin- Our staff has been through the minutes of Ecclesia Ecumenical Ministry, a past Board ley has been a spiritual leader in his commu- the U.N. ‘‘661 (six-six-one) Committee’’ of Se- member of Big Brothers & Sisters, and a nity for more than 40 years. As such, he is curity Council members responsible for sanc- Board member of Leadership Trenton. more than worthy of receiving our recognition tions monitoring and oversight of OFF. Those Through these organizations, she has posi- today and I urge my colleagues to join me in minutes tell a story of diplomatic obfuscation tively contributed to the Trenton community’s honoring this truly remarkable person. and an obvious, purposeful unwillingness to development and the spiritual growth of its f acknowledge the program was being cor- members. IN LASTING MEMORY OF BILLY rupted. Questions about oil or commodity con- Over the years, Rev. Nanton has improved BOB SMITH tracts were dismissed as dubious media ru- the quality of life of individuals in her commu- mors beneath the dignity of the U.N. to an- nity by being involved in Leadership Training swer, while Saddam was given the Workshops, Alcohol and Drug Abuse Coun- HON. MIKE ROSS undeserved benefit of every doubt. seling, Community Organization Development OF ARKANSAS We cannot ignore the profoundly serious al- Planning and Management, Group Coun- IN THE HOUSE OF REPRESENTATIVES legations of malfeasance in the Oil-for-Food seling, Interfaith Care Givers, and Meals on Thursday, June 24, 2004 Program. To do so would be to deny the Iraqi Wheels of Trenton. New Jersey is fortunate to Mr. ROSS. Mr. Speaker, today I rise to pay people the accounting they deserve and leave have such a dedicated servant, and she de- tribute to the life of Billy Bob Smith from Pres- the U.N. under an ominous cloud. This is the serves the utmost praise and recognition. cott, Arkansas, who died Sunday, June 13, Iraqi’s money we’re talking about, so the Iraqi She has earned our heartfelt appreciation 2004, at the age of 83. As a husband, father, Governing Council and its successor should for a noble career of public and private serv- grandfather, brother, uncle, nephew and get cooperation from the CPA and the State ice, and I urge all of my colleagues to join me friend, his life was full of achievements and Department in conducting its inquiries. today in recognizing her achievements. honors that impacted his entire community. In Iraq, and elsewhere, the world needs an f Mr. Smith was born December 10, 1920, in impeccably clean, transparent U.N. The domi- PERSONAL EXPLANATION Nevada County. The World War II veteran nant instrument of multilateral diplomacy was the recipient of 5 battle stars and an should embody our highest principles and as- Oakleaf, participating in the Battle of the Bulge pirations, not systematically sink to the lowest HON. SCOTT McINNIS as well as the Normandy Invasion. His cour- common denominator of politics profiteering. OF COLORADO age and patriotism led him to serve in the This emerging scandal is a huge black mark IN THE HOUSE OF REPRESENTATIVES 413th Antiaircraft Artillery battalion, C Battery against the United Nations and only a prompt Thursday, June 24, 2004 in Central Europe, the Ardennes, the Rhine- and thorough accounting, including punish- land, Normandy and Northern France. For his Mr. MCINNIS. Mr. Speaker, had I not been ment for any found culpable, will restore U.N. dedication and loyalty to our nation, we will detained in Colorado earlier this week attend- credibility and integrity. forever be grateful. That is why it is critical to get to the bottom ing the funeral of a close family friend, I would Mr. Smith was a selfless public servant and of the corruption. In order to do that we need have voted accordingly on those votes on a leader, spending much of his adult life serv- to the intelligence community to better assist which I was forced to be absent: rollcall No. ing his fellow citizens in Nevada County. He the Congress in its investigations. 276 (H. Res. 591), ‘‘yea’’; rollcall No. 277 (H. was a member of the Prescott Church of Mr. Chairman, this Sense of Congress will R. 4363), ‘‘yea’’; rollcall No. 278 (H. Res. 660), Christ and served as a Justice of the Peace help address the difficulties many committees ‘‘yea’’; rollcall No. 279 (H. Res. 683), ‘‘yea’’; for 14 years. have had obtaining information and docu- rollcall No. 280 (H. Res. 683), ‘‘yea’’; rollcall I am deeply saddened by the death of Mr. ments—especially from the intelligence com- No. 281 (H. Con. Res. 449), ‘‘yea’’; rollcall No. Smith. His loyalty and dedication to Nevada munity—pertaining to the Iraq Oil-for-Food 282 (H. Con. Res 13), ‘‘yea’’; rollcall No. 283 County, his family and his country will forever Program. This amendment should reinforce (Amendment to H.R. 4613), ‘‘no’’; rollcall No. be remembered. My thoughts and prayers are the importance Congress places on the Oil- 284 (H.R. 4613), ‘‘yea’’; rollcall No. 285 (H. with his wife, Elya, his son, Michael, and his for-Food investigations. Res. 658), ‘‘yea’’; rollcall No. 286 (H. Res. three daughters, Bobbie, Donna, and Jan. 686), ‘‘yea.’’ f f f CENTRAL NEW JERSEY RECOG- HONORING DISABLED AMERICAN NIZES AND CELEBRATES THE TRIBUTE TO ARCHBISHOP VETERANS GENESEE CHAPTER CONTRIBUTION OF REVEREND WILBERT S. MCKINLEY NO. 3 WILLIE MAE NANTON, PASTOR OF THE CADWALADER-ASBURY HON. EDOLPHUS TOWNS UNITED METHODIST CHURCH HON. DALE E. KILDEE OF NEW YORK OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. RUSH D. HOLT Thursday, June 24, 2004 Thursday, June 24, 2004 OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Mr. Speaker, I rise in honor of Mr. KILDEE. Mr. Speaker, I rise before you Archbishop Wilbert S. McKinley in recognition today to honor the members of the Disabled Thursday, June 24, 2004 of his spiritual leadership in the community. American Veterans Genesee Chapter No. 3 as Mr. HOLT. Mr. Speaker, I rise today on the Archbishop Wilbert S. McKinley is the senior they celebrate their 75th anniversary on July eve of her retirement to recognize Reverend pastor of The Elim International Fellowship. 11, 2004 with local veterans and their families. Willie Mae Nanton for her role as a pastor and The doors of the church were opened for The Disabled American Veterans Genesee community activist. ministry on July 26, 1964. As the founding Chapter No. 3, of which my father, Timothy L. As Pastor of Cadwalader-Asbury United pastor, Archbishop McKinley has served the Kildee, was a member, was founded on March Methodist Church for the past 7 years, she church faithfully for 40 years. 18, 1929. The members of this non-profit or- has inspired and touched the lives of many. Archbishop McKinley has an overwhelming ganization have worked diligently on the be- She is the first female pastor of the church in passion to introduce people, especially men, half of America’s wounded war heroes to en- its 100-year history as well as the first female to the Church and the teachings of Jesus sure that they are not forgotten by our govern- President of the Concerned Pastors and Min- Christ. Archbishop McKinley believes that ment and society. Through their efforts and isters of Trenton and Vicinity. She has been these teachings hold the key to every door. generous donations from the community, they an instrumental part of these organizations not He is especially called to reach black men are able to assist disabled veterans by pro- only as a leader but also as a friend. with the message of hope through Jesus viding services such as transportation to and

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JN8.062 E25PT1 E1260 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 from veterans medical facilities, representation credo of Safety, Teamwork, and Profes- 2004 about 230,110 new cases of prostate for veterans in processing claims with the De- sionalism; putting himself in harms way for un- cancer will be diagnosed in the United States. partment of Veterans Affairs, grant financial familiar people and places. He made the ulti- One man in six will be diagnosed with prostate assistance to veterans and their families, pro- mate sacrifice doing what he loved, and I, cancer during his lifetime, but only 1 man in vide memorial services for any veteran, as along with the Glenwood Springs community 32 will die of this disease. The key to decreas- well as color guards for all types of occasions. and the State of Colorado are eternally grate- ing the amount of men that die from this dis- The DAV is an organization that is committed ful to this brave young man. ease yearly is not only informing patients to helping disabled veterans help themselves f about all the available treatment options but by providing the tools necessary to restructure identifying the disease early on. their lives and accommodate their service-con- HONORING THE LIBERTY COLUMN Because early detection is essential in the nected illness or injury so that they can live as MONUMENT treatment and survival rates of Prostate Can- close to a productive life as possible. cer patients, often Americans with limited We must never forget the sacrifice our Na- HON. PETER DEUTSCH health care are more susceptible to detection tion’s men and women make when they enlist OF FLORIDA at more advanced stages, and increased mor- in the military. Each day of their enlistment, IN THE HOUSE OF REPRESENTATIVES tality rates. In fact because of their low levels whether it is in a war zone or on the home of medical healthcare African Americans are Thursday, June 24, 2004 front, they are making significant contributions two to three times more likely to die of pros- toward preserving the freedoms of the United Mr. DEUTSCH. Mr. Speaker, I rise today to tate cancer than white men. Only 66 percent States. We are indebted to these brave indi- discuss the public outcry over the defaced Lib- of African Americans diagnosed with prostate viduals. I am very proud of the Disabled Amer- erty Column Monument in Miami’s Bayfront cancer survive for 5 years, compared with 81 ican Veterans Genesee Chapter No. 3 for they Park. percent of white men. have always worked hard to fulfill requests for The Liberty Column Monument is dedicated As Members of Congress we must do ev- support. I consider them to be a valuable to the thousands of Cuban rafters who have erything in our power to ensure that medical asset to the community. lost their lives at sea while fleeing Fidel Cas- service providers are informing patients on all Mr. Speaker, as the Member of Congress tro’s Cuba. Embodying their sacrifice, having possible treatments of this devastating dis- representing Genesee County, I ask my col- risked everything for a chance at freedom, the ease. Education will inevitably lead to the best leagues in the 108th Congress to please join monument is a pair of hands, bound in stone, treatment options for all patients. Furthermore me in paying tribute to an outstanding vet- reaching towards the open sky. The column is this Congress must take action to ensure that erans organization, Disabled American Vet- an important symbol to our community as all Americans have regular access to health erans Genesee Chapter No. 3, for 75 years of many have lost family and friends to the cold care so that diseases like prostate cancer can unwavering devotion to taking care of the dis- waters off of the American shore. be detected in their earliest stages. We cannot abled veterans of Genesee County. Humberto Sanchez, a Cuban exile himself, continue to fail the millions of Americans with- f paid $30,000 to create the monument in 1994. out health care coverage because this makes He has been collecting pieces of rafts off of our citizens increasingly susceptible to many PAYING TRIBUTE TO LEVI Florida shores for years and has dedicated devastating diseases like prostate cancer. BRINKLEY himself to memorializing the exodus of the Mr. Speaker, prostate cancer continues to Cuban rafter. Mr. Sanchez exemplifies the plague thousands of men in our country every HON. SCOTT McINNIS spirit and courage of the people he has cele- year. I support this legislation that will encour- OF COLORADO brated in the Liberty Column. age medical service providers to increase IN THE HOUSE OF REPRESENTATIVES Much to my great dismay, and to that of the awareness on treatment options for prostate Miami community, the Liberty Column Monu- Thursday, June 24, 2004 cancer patients and I urge this body to con- ment was recently vandalized in a despicable tinue the discussion that would eventually Mr. MCINNIS. Mr. Speaker, I would like to and most disrespectful fashion. I am pleased yield much needed health care service to take this opportunity to pay tribute to the life to inform the House that there is an ongoing every American. and legacy of Levi Brinkley of Burns, Oregon. movement to raise funds for its repair. There f Levi bravely battled the Storm King Mountain have also been talks of upgrading the monu- Fire outside the town of Glenwood Springs, ment to pure bronze to prevent future destruc- HONORING JASON HICKS ON THE Colorado in 1994, but succumbed to the blaze tion. COMPLETION OF HIS INTERNSHIP along with thirteen fellow firefighters while Mr. Speaker, I am hopeful that the police working to protect the City. I personally served will track down the criminals who damaged HON. BART GORDON as a firefighter and understand the risks they this symbol, and I am certain that the ren- OF TENNESSEE face each and everyday. Witnessing the awful ovated Liberty Column Monument will continue IN THE HOUSE OF REPRESENTATIVES inferno that fateful July day, I know Levi and to honor the lost souls who did not survive the Thursday, June 24, 2004 his comrades battled the fire with the utmost voyage to free, American soil. courage and valor. With the tenth anniversary f Mr. GORDON. Mr. Speaker, I rise today to of the Storm King Fire approaching, I believe thank Jason Hicks for his help while interning it appropriate to recognize the sacrifice Levi H. CON. RES. 405—EXPRESSING THE in my office. Jason is a resident of Cookeville, and the Storm King Firefighters made on be- SENSE OF CONGRESS WITH RE- TN, which I represent in Tennessee’s Sixth half of a grateful community, state and nation. SPECT TO THE NEED TO PRO- Congressional District. A very outgoing and friendly person, Levi VIDE PROSTATE CANCER PA- Jason just finished his freshman year at the was a top honor student at Burns High School TIENTS WITH MEANINGFUL AC- University of Tennessee, Knoxville, where he where he was an all-state football player and CESS TO INFORMATION ON is majoring in English and political science. He student body president. He attended Bend TREATMENT OPTIONS, AND FOR is a member of the Phi Alpha Delta fraternity Community College where he received an as- OTHER PURPOSES and vice president of the university’s Ten- sociate degree in psychology, and was work- nessee Debate Society. ing toward a bachelor’s degree in psychology. HON. DANNY K. DAVIS Jason has been a great help and a wonder- He became a firefighter at age eighteen, first OF ILLINOIS ful addition to my office. He has helped ad- with the Snow Mountain Ranger District, and IN THE HOUSE OF REPRESENTATIVES dress constituent concerns, assisted me and then joining the Prineville Hotshots, an elite my staff with numerous projects, and served group of firefighters who specialize in wildland Thursday, June 24, 2004 as a friendly and informative tour guide of the fire suppression. A true outdoorsman, Levi en- Mr. DAVIS of Illinois. Mr. Speaker, I rise U.S. Capitol, providing visitors from Middle joyed bungee-jumping, skydiving, rock climb- today in support of H. Con. Res. 405 and the Tennessee with a personalized look at a na- ing, hunting, fishing, and skiing. Above all, he continued need to provide prostate cancer pa- tional treasure. was devoted to his family and friends. tients with meaningful access to information I trust that Jason has enjoyed his whirlwind Mr. Speaker, it is an honor to rise before on treatment options. internship and his first-hand examination of this body of Congress and this nation to pay Prostate cancer is the second most com- the workings of Congress. I know that I have tribute to the life and memory of Firefighter mon cancer among American men. The Amer- enjoyed having his fresh perspective and en- Levi Brinkley. Levi personified the Hotshots ican Cancer Society estimates that during thusiasm during his time here.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.004 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1261 My hat is off to Jason Hicks. I wish him all Born on the island of Trinidad and Tobago munity. Mr. Austin was an active leader in the the best in his future endeavors. in the West Indies, Glenore immigrated to the Elementary Principal’s Association and served f United States in the summer of 1992. She as a zone director for 8 years. In 2002, Mr. moved here with her family after successfully Austin was named Arkansas’s Distinguished PAYING TRIBUTE TO KATHI BECK completing her studies in her home country. A Principal of the Year. few short months after taking up residence in Mr. Austin’s constant involvement in his HON. SCOTT McINNIS New York City, she was hired as a customer community led him to support and organize OF COLORADO service representative with Marine Midland many student-orientated groups throughout IN THE HOUSE OF REPRESENTATIVES bank, which later became HSBC Bank USA. the years. Mr. Austin worked with the track Thursday, June 24, 2004 She quickly moved through the ranks and ex- team, organized and was head scoutmaster of Mr. MCINNIS. Mr. Speaker, I would like to celled as a sales representative, sales man- the Boy Scouts of America Troop, and was take this opportunity to pay tribute to the life ager, OIC (officer in charge), and vice presi- choir director for Prescott High School and his and legacy of Kathi Beck of Eugene, Oregon. dent/branch manager. local church. He also formed a dance band Kathi bravely battled the Storm King Mountain Glenore continues to exemplify this spirit of with other directors that played at various Fire outside the town of Glenwood Springs, excellence in her current position as the school functions. Mr. Austin’s devotion to Ne- Colorado in 1994, but succumbed to the blaze branch manager. She continuously works to- vada County led him to be elected to the along with thirteen fellow firefighters while ward motivating her staff of 16 by employing Prescott City Council. working to protect the town. I personally a ‘‘hands on’’ approach. In so doing, she dem- I am honored to recognize Mr. Austin, and served as a firefighter and understand the onstrates her abilities as a team player and extend my sincere appreciation and thanks for risks they face each and everyday. Witnessing team leader. She believes that it is important his dedication and guidance to the people of the awful inferno that fateful July day, I know for her staff to see that she can do whatever Nevada County and to my hometown of Pres- Kathi and her comrades battled the fire with task is required of them. Due to this type of cott. He is an inspiration to us all, and I am the utmost courage and valor. With the tenth cohesive effort and leadership skills, the oper- privileged to serve as his Congressman in the anniversary of the Storm King Fire approach- ation of the branch has been very successful, United States House of Representatives. ing, I believe it appropriate to recognize the which boasts assets totaling $105 million. sacrifice Kathi and the Storm King Firefighters In addition to her expertise in banking, f Glenore has also earned accolades for her ef- made on behalf of a grateful community, state HONORING TERRY WATSON and nation. forts to strengthen the community. As such, An active outdoorswoman, Kathi was an ar- she was honored with the Caribbean Amer- dent rock and mountain climber. She was a ican Chamber of Commerce and Industry HON. DALE E. KILDEE award for Women History makers of 2000; the senior at the University of Oregon where she OF MICHIGAN Network Journal award for 40 Under Forty was majoring in psychology and had taken wil- IN THE HOUSE OF REPRESENTATIVES derness survival classes through the univer- Achievers of 2001; and an an award from the sity’s outdoor program. With her unique back- New Deeper Life Tabernacle in 2003. Thursday, June 24, 2004 ground in psychology and the wilderness, During the month of February in 2001, 2002 Mr. KILDEE. Mr. Speaker, I rise before you Kathi planned to design an outdoor rec- and 2003, she brought this sense of commu- today to recognize an outstanding veteran reational therapy program for children. She nity to the branch by hosting a celebration of from Bay City Michigan, Mr. Terry Watson became a member of the Prineville Hotshots, Black History Month. The celebrations took the who is retiring from his post as president of an elite group of firefighters who specialize in form of an art exhibit mounted in conjunction the Bay City Fireworks Festival Committee wildland fire suppression, due to her love of with Art Groupie.Com, which featured the after 32 years of commendable service and nature and adventurous spirit. She also served works of four African/Caribbean American art- dedication. The committee along with the com- as a member of the Oregon Army National ists. munity will honor Mr. Watson during the fes- Married and the mother of one, Glenore re- Guard’s 419th Signal Detachment, and had tival opening ceremony on July 1, 2004, in ceives strong support from her family and previously served with the Guard’s 741st Serv- Bay City. friends who believe whole-heartedly in her po- ice and Supply Battalion at Camp U.S. Army Vietnam veteran Terry Watson is tential to reach the stars. Withycombe, Oregon. a life long resident of Bay City, Michigan. Mr. Speaker, Glenore M. Anderson has ex- Mr. Speaker, it is an honor to rise before Terry has dedicated his life to making the Bay celled in the business world while still finding this body of Congress and this nation to pay area a better place to live, work and visit. He time to contribute to her community. As such, tribute to the life and memory of Firefighter is a retired Bay City Police Officer with 27 she is more than worthy of receiving our rec- Kathi Beck. Kathi personified the Hotshots years of notable service. ognition today and I urge my colleagues to credo of Safety, Teamwork and Profes- In 1962 the Fraternal Order of Police found- sionalism; putting herself in harms way for un- join me in honoring this truly remarkable per- son. ed the Bay City fireworks. In 1981 the event familiar people and places. She made the ulti- evolved into a 3-day festival, complete with mate sacrifice doing what she loved, and I, f carnival. The fireworks display has been a sig- along with the Glenwood Springs community HONORING NEVADA COUNTY ELE- nificant part of the Bay area 4th of July holiday and the State of Colorado are eternally grate- MENTARY SCHOOL PRINCIPAL celebration for the past 42 years. The celebra- ful to this brave young woman. HOWARD AUSTIN tion draws a crowd of approximately 350,000 f people. The firework show has been rated A TRIBUTE TO GLENORE M. HON. MIKE ROSS over the past years as one of the Nation’s top five displays. Because of Terry’s strong team- ANDERSON OF ARKANSAS work and leadership skills the Bay City Fes- IN THE HOUSE OF REPRESENTATIVES tival has become a popular family vacation HON. EDOLPHUS TOWNS Thursday, June 24, 2004 destination spot for not only residents of Michi- OF NEW YORK Mr. ROSS. Mr. Speaker, today I rise to gan but for others residing in states through- IN THE HOUSE OF REPRESENTATIVES honor Prescott Elementary School Principal, out the Midwest. Thursday, June 24, 2004 Mr. Howard Austin, for his persistent dedica- Aside from being an outstanding leader, Mr. TOWNS. Mr. Speaker, I rise in honor of tion to education and service in his commu- Terry is also a devoted family man and he Glenore M. Anderson in recognition of her nity. The core of Mr. Austin’s community rela- credits the love and support of his devoted civic participation and business success. tions are deeply rooted in his 40 years as a wife Peggy, their three children, Jerry, Sheri Glenore is a living testimony to the power of public educator. and Richard, for his success. hard work and effort. A banker by profession, Mr. Austin received his B.A from Wiley Col- Mr. Speaker, as a Member of Congress, I it took Ms. Anderson 11 years to move up the lege in Texas and an M.S. from Henderson ask my colleagues in the 108th Congress to corporate ladder to her current position as vice State University in Arkansas. Through his ca- please join me in paying tribute to an out- president/branch manager of the Broadway reer, Mr. Austin enriched the many genera- standing veteran, Mr. Terry Watson, for his and Driggs Street Office of HSBC Bank, one tions of people that he encountered in his service to our Nation and his contributions to of the largest branches of HSBC Bank USA in community. He is a true role model for not Bay City, Michigan. I wish him the best in fu- Brooklyn, NY. only his students, but for everyone in the com- ture endeavors.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.007 E25PT1 E1262 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 PAYING TRIBUTE TO SCOTT the classroom. Eight years later, dedication, Congratulations to Dr. Malone on her retire- BLECHA discipline, and desire carried him to his goal. ment. I know I join with the citizens of Gallatin Mr. Feigenbaum serves as an inspiration and in wishing her all the best in the future. HON. SCOTT McINNIS example for us all. f OF COLORADO Education is a lifelong opportunity, befitting 1 PAYING TRIBUTE TO ROBERT IN THE HOUSE OF REPRESENTATIVES anyone who chooses to pursue it. At 84 ⁄2 years of age, Mr. Feigenbaum qualifies this BROWNING JR. Thursday, June 24, 2004 point. I genuinely believe that his experiences Mr. MCINNIS. Mr. Speaker, I would like to can only benefit his community, and I am HON. SCOTT McINNIS take this opportunity to pay tribute to the life proud that he is a Floridian. Mr. Speaker, OF COLORADO and legacy of Scott Blecha of Clatskanie, Or- today I honor Mr. Feigenbaum’s accomplish- IN THE HOUSE OF REPRESENTATIVES egon. Scott bravely battled the Storm King ments and honor the value he places on edu- Thursday, June 24, 2004 Mountain Fire outside the town of Glenwood cation. Springs, Colorado in 1994, but succumbed to f Mr. MCINNIS. Mr. Speaker, I would like to the blaze along with thirteen fellow firefighters take this opportunity to pay tribute to the life while working to protect the City. I personally TRIBUTE TO DEACONESS LEVARN and legacy of Robert Browning Jr. Rob brave- served as a firefighter and understand the DAVIS ON THE OCCASION OF ly battled the Storm King Mountain Fire out- risks they face each and everyday. Witnessing HER 80TH BIRTHDAY side the town of Glenwood Springs, Colorado the awful inferno that fateful July day, I know in 1994, but succumbed to the blaze along Scott and his comrades battled the fire with HON. DANNY K. DAVIS with thirteen fellow firefighters while working to the utmost courage and valor. With the tenth OF ILLINOIS protect the City. I personally served as a fire- anniversary of the Storm King Fire approach- IN THE HOUSE OF REPRESENTATIVES fighter and understand the risks they face ing, I believe it appropriate to recognize the each and every day. Witnessing the awful in- Thursday, June 24, 2004 sacrifice Scott and the Storm King Firefighters ferno that fateful July day, I know Rob and his made on behalf of a grateful community, state Mr. DAVIS of Illinois. Mr. Speaker, I rise to comrades battled the fire with the utmost cour- and nation. pay tribute to a delightful lady whose life rep- age and valor. With the tenth anniversary of Born and raised in Clatskanie, Scott grad- resents the epitome of what a well-lived life the Storm King Fire approaching, I believe it uated with honors from Clatskanie High should be. For all of these years, she has appropriate to recognize the sacrifice Rob and School where a scholarship is named in his been a child of our Lord and Savior Jesus the Storm King Firefighters made on behalf of honor. After graduating, he answered his na- Christ, a good Christian, a wife, a mother, a a grateful community, state and nation. tion’s call to duty and joined the United States true neighbor, an anchor, a pillar of the com- Born and raised in North Carolina, Rob at- Marines. After a four-year tour, Scott attended munity and a good and honorable citizen. tended McDowell High School and received a the Oregon Institute of Technology, graduating Mrs. Davis and her husband were pioneers degree in forest management from Haywood cum laude with a degree in Mechanical Engi- when they moved into what had been an es- Technical College. In 1988, he began working neering Technology. During the summers, he sentially all white community. They were a for the U.S. Forest Service in Asheville, North worked as a Prineville Hotshot, an elite group hard working young couple who produced a Carolina, and in 1992 he became a member of firefighters who specialize in wildland fire family of offspring who have done exception- of the Region 8 Hotshot Crew, an elite group suppression. Scott loved the job, enjoying the ally well and contributed significantly to the of firefighters who specialize in wildland fire close camaraderie of his crew and the satis- well-being of our community and our city. suppression. In 1993 he transferred to the Sa- faction of knowing he was helping others. Her children rise up and call her blessed, for vannah River Forest Station where he was an Above all, he was devoted to his family and she has indeed been a blessing to them and engine operator and firefighter. At the time of friends. to all of those whose lives she has touched. the Storm King Mountain Fire, Rob was serv- Mr. Speaker, it is an honor to rise before Happy Birthday, Mrs. Davis and may you have ing a four-month detail on a Grand Junction this body of Congress and this nation to pay many, many more. helitack crew, a specialized group of fire- tribute to the life and memory of Firefighter f fighters who are often the first to respond to Scott Blecha. Scott personified the Hotshots a wildland fire. He was a dedicated member of HONORING DEOTHA MALONE ON credo of Safety, Teamwork and Profes- the Forest Service, and received a great deal HER RETIREMENT sionalism; putting himself in harms way for un- of satisfaction from helping others. familiar people and places. He made the ulti- Mr. Speaker, it is an honor to rise before mate sacrifice doing what he loved, and I, HON. BART GORDON this body of Congress and this nation to pay along with the Glenwood Springs community OF TENNESSEE tribute to the life and memory of Firefighter and the State of Colorado are eternally grate- IN THE HOUSE OF REPRESENTATIVES Robert Browning Jr. Rob personified the Hot- ful to this brave young man. Thursday, June 24, 2004 shots credo of Safety, Teamwork, and Profes- f sionalism; putting himself in harm’s way for Mr. GORDON. Mr. Speaker, I rise today to unfamiliar people and places. He made the ul- HONORING JOSEPH FEIGENBAUM congratulate Dr. J. Deotha Malone on her re- timate sacrifice doing what he loved, and I, tirement after 55 years of service to the Sum- along with the Glenwood Springs community HON. PETER DEUTSCH ner County Board of Education. Dr. Malone is and the State of Colorado are eternally grate- OF FLORIDA a resident of Gallatin, Tennessee, which I ful to this brave young man. IN THE HOUSE OF REPRESENTATIVES have the pleasure of representing in Ten- f nessee’s Sixth Congressional District. Thursday, June 24, 2004 Dr. Malone began her teaching career in A TRIBUTE TO ST. BLASE´ ‘‘KC’’ Mr. DEUTSCH. Mr. Speaker, today I rise to 1949, the year I was born. She retires this CHARLES honor Joseph Feigenbaum of Fort Lauderdale, year as the longest working educator in the Florida. It is my pleasure to announce that at Middle Tennessee region. HON. EDOLPHUS TOWNS 1 84 ⁄2 years of age, Mr. Feigenbaum has com- Dr. Malone is a remarkable humanitarian. OF NEW YORK pleted the requirements to receive a Doctorate She has made certain that lack of money does IN THE HOUSE OF REPRESENTATIVES in International Business from Nova South- not stand in the way of her students. She has eastern University. held free remedial reading classes, and she Thursday, June 24, 2004 Mr. Speaker, ‘‘old’’ is a relative term in Flor- even taught French to students at her own Mr. TOWNS. Mr. Speaker, I rise in honor of ida. Mr. Feigenbaum accomplished quite a lot home for no charge. And Dr. Malone hasn’t St. Blase´ ‘‘KC’’ Charles in recognition of his in his life: he earned a law degree, built a suc- stopped yet. She still tutors adult non-readers significant cultural and economic development cessful textile career, and ran a factory in in her spare time. contributions to the community. Venezuela. However, Mr. Feigenbaum knew Dr. Malone has served her community not St. Blase´ Charles, better known as KC, hails retirement would not extinguish his desire to only by teaching, but also by leading. In 1969, from the twin island nation of Trinidad and To- continue to cultivate his life. Through the sup- she became the first African American to bago in the Caribbean. He has been an enter- port of his loving wife, Cherie, and by the serve on Gallatin’s City Council. And she cur- tainer for more than 30 years. Famous for his strength of his desire, Feigenbaum returned to rently serves as the city’s vice-mayor. Caribbean-style rendition of the ‘‘father of

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\K24JN8.005 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1263 soul,’’ Mr. James Brown, KC is also affection- that time, his leadership, his generous spirit, could—himself. Mr. Speaker, I ask the House ately known as the ‘‘Local James Brown’’ and his warm sense of humor have all been to join me in honoring and thanking Father throughout the entertainment circles in North important sources of inspiration and comfort. Patrick Wisneske for his dedicated service to America and members of his international fan He will be sorely missed. his parish and the Catholic faith community club. Along with his own musical group, the Father Pat Wisneske was ordained on June throughout the Upper Peninsula of Michigan. International Band, KC has performed at major 3rd, 1950, embarking on a 54-year journey in f events and famous places including the West the clergy that touched countless lives in Indian Labor Day Parade in Brooklyn, the Har- Michigan’s Upper Peninsula. In 1950 and PAYING TRIBUTE TO LA lem Day Parade, Manhattan’s Annual Hal- 1951, he served as an Assistant Pastor at RENAISSANCE loween Parade, the MGM and Sahara casino Holy Trinity Parish in Ironwood, and St. Thom- in Las Vegas, and the Royal Caribbean and as Parish in Escanaba, respectively. In 1953, HON. SCOTT McINNIS Carnival cruises, just to name a few. he began a six year tenure as Assistant Pas- OF COLORADO KC’s summer concerts were launched in tor at St. Mary and St. Joseph Parish in Iron IN THE HOUSE OF REPRESENTATIVES 1989 at his garage at East 87th Street in East Mountain, Michigan. During this time, he also Thursday, June 24, 2004 Flatbush, Brooklyn where he held a huge served as the Chaplain for the VA hospital in block party on Memorial Day. In order to ac- Iron Mountain. From 1959 to 1963, he was the Mr. MCINNIS. Mr. Speaker, today I rise to commodate the growing crowd that came to Administrator of Our Lady of Mount Carmel in pay tribute to the owners and the staff of La yearly event, in 1991, KC moved his Carib- Franklin Mine. Renaissance, a family owned restaurant in bean style street festival to Ditmas Avenue In 1963, Father Pat became the pastor of Pueblo, Colorado. For twenty-six years, La near his East 87th Street garage. The event St. Stephen Parish in Loretto and served there Renaissance has been an icon in the Pueblo covered ten blocks. The event continued at for three years before transferring to St. Jude community. It is my pleasure to recognize their Ditmas Avenue until 1996, when KC took his Parish in White Pine, where he also oversaw dedication to Pueblo and the State of Colo- show and a loyal following of thousands to its the St. Ann mission in Bergland. After the rado before this body of Congress and this na- new home on Atlantic Avenue. Bergland mission was transferred to a parish tion today. Spanning 10,000 square feet and a max- in Marenisco in 1967, Father Pat became the In 1978, La Renaissance opened as a full imum occupancy of 4,300, the Hideaway is a temporary administrator of Holy Family Parish service restaurant in Pueblo. Brothers Bob spacious outdoor venue located at 2494 Atlan- in Ontonagon until 1972. and Jim Fredregill started the restaurant as a tic, in an industrial section of Brooklyn. Since The spring of 1972 was a very tense time small family business, and has grown to a 1998, the Hideaway, which is owned and for Menominee Catholics as they awaited the staff of thirty-five. A well-known dining destina- managed by KC, has been hosting its hall- final outcome of a two year study that would tion in Pueblo, La Renaissance has recently mark Summer Concert Series featuring to- eventually consolidate their parishes. When received honors for the brothers’ business day’s leading soca, calypso, and reggae musi- the members of the new Holy Spirit Parish practices. The Colorado Food Service Hall of cal acts from around the Caribbean and here learned that Father Pat would be their new Fame recently inducted both Bob and Jim in the United States. Along with top per- pastor, they wondered what kind of pastor he Fredregill, and the Greater Pueblo Chamber of formers, the Hideaway showcases some of would be. It did not take long to realize that he Commerce recognized La Renaissance as the most popular Caribbean-American DJs. It was a kind and gentle man who was indeed their Small Business of the Year. is also equipped with a fully licensed bar, a a ‘‘present’’ to them. Through the sadness of Mr. Speaker, I would like to recognize La professional sized stage, and an elevated VIP illness or death, and the joy of baptisms, mar- Renaissance for continued excellence in busi- lounge where performing artist and special riages, first communions and confirmations, ness and for their commitment to the Pueblo guests can view and enjoy the shows. Father Pat was always there to offer guidance, community. Establishing the restaurant as part KC’s Hideaway has become a major attrac- leadership, spirit, faith, and friendship. of the community’s foundation captures the tion for thousands of Caribbean music lovers Mr. Speaker, in addition to his parish as- essence of small business. I congratulate La from around the world who are drawn to signments, Father Pat was always willing to Renaissance on many years of success and Brooklyn, the Caribbean Capital of the United take on additional duties and leadership roles. wish them many more in the years to come. States, year after year to celebrate the West Over the years he has served as the director f Indian Labor Day Carnival season, which be- of the deacon program for the diocese, twice A TRIBUTE TO ANTHONY JOSEPH gins in May. The venue stages around 66 as Dean, President of the St. Joseph’s Asso- shows a year and the number of concertgoers ciation, and a member of the Priest’s Council. has steadily increased over the past three He has also given of his time to serve as a HON. EDOLPHUS TOWNS years. The concert grew from an audience of chaplain for different organizations including OF NEW YORK about 80,000 for the season in 1998, to ap- the VA hospital in Iron Mountain, the Knights IN THE HOUSE OF REPRESENTATIVES of Columbus, the Daughters of Isabella, and proximately 165,000 for this season. Thursday, June 24, 2004 Mr. Speaker, St. Blase´ ‘‘KC’’ Charles has the Civil Air Patrol. developed and created a major cultural event Another example of Father Pat’s leadership Mr. TOWNS. Mr. Speaker, I rise in honor of in his community, which has brought thou- has been his unwavering commitment to the Anthony Joseph in recognition of his entrepre- sands of people to Brooklyn each year to cele- youth of the community. He has been stead- neurial success in the marketing and commu- brate their Caribbean heritage. As such, he is fast in his support for Menominee Catholic nications field. more than worthy of receiving our recognition Central Schools, and he has always enjoyed As a product of New York City public school today and I urge my colleagues to join me in working with young people, recognizing that system, Anthony parlayed his academic honoring this truly remarkable person. they are indeed the future. achievement and his experience as an All-City Those of us who know and love Father Pat championship football player into a walk-on f have our own special stories of this remark- position on the Boston University squad. An- CONGRESSIONAL TRIBUTE TO FA- able individual. On a personal note, when thony promoted campus parties and events to THER STEPHEN PATRICK tragedy struck my family, it was Father Pat subsidize his tuition. After graduation, he WISNESKE who consoled us, reassured us, and provided quickly turned a temp job in The New York comfort for us in our time of greatest need. Times’ finance department into a staff position HON. BART STUPAK Father Pat’s kindness, spiritual guidance, and in the paper’s marketing department. OF MICHIGAN love will never be forgotten and we will always With just one experience as an employee IN THE HOUSE OF REPRESENTATIVES be indebted to him. with the New York Times, Anthony combined Mr. Speaker, 32 years after he came to Me- his knowledge of urban landscape with his Thursday, June 24, 2004 nominee and Holy Spirit Parish, it is time to marketing expertise to incorporate the fastest Mr. STUPAK. Mr. Speaker, I rise today to bid a very fond and difficult farewell to Father rising marketing/communication company in honor an individual who has been a spiritual Pat. He often said that he was energized by the urban field. Anthony laid the foundation for guide for the Catholic community in Menom- his parishioners, but they in turn would say his urban success by moonlighting with Vital inee, Michigan, Father Stephen Patrick they were energized by Father Pat. He was al- Marketing Group VMG while still at the Times. Wisneske. On July 1st, ‘‘Father Pat’’ will be re- ways present for us, giving us, the members Through contacts at a major apparel and an tiring from Holy Spirit Parish, where he has of our Holy Spirit family, our Menominee Com- advertising agency, Anthony was able to par- been pastor for the last 32 years. Throughout munity, and our God the best present he ticipate in business meetings where he was

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.014 E25PT1 E1264 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 able to present strategies, which, over time, the 21st Century Council, the first economic her community through both her professional turned into contracts with Tommy Hilfiger, and community development organization in and volunteer activities. Hush Puppies, and Wolverine Boots. Lawrence County. Thanks to his leadership, Katie Davis is someone who is energetic Eventually, Anthony’s growing client base major employers including the Jones Apparel and inspirational and continues to serve as a necessitated his departure from the Times. He Group soon established operations in the respected dynamic leader in the community. partnered with the African-American media area. I don’t know of any community leader in However, after serving thirty-three and a half company that established the billboard beach- Tennessee who has done more to attract in- years in public service, she is retiring from her head on Harlem’s 125th Street, utilized by so dustry to his community. Whenever there was position as the Deputy Director for Support many entertainment companies at the time. a local need, Joe Remke gave generously. He Together they formed VMG, with Anthony had served as President of the Lawrence Services at Kingsboro Psychiatric Center, leading the charge. After merely four years of County Chamber of Commerce, as Chairman Brooklyn, NY, effective April 29, 2004. business, its roster counts big-timers such as of the Lawrenceburg Power Board and as Katie graduated from Hunter College Magna the U.S. Army, Nike, Tommy Hilfiger, Coca president of the Lawrenceburg Lions Club. Dr. Cum Laude, earning a B.S. in Community Cola, Remy Martin, Foot Action, Posner Cos- Remke, along with his late wife, Peggy Jo Health. Later, she received a Master’s degree metics and Universal Records to name a few. Remke, were equally dedicated to supporting in Public Health Administration at Columbia It has an income of over $7 million in annual the activities of their church, Lawrenceburg’s University. She began her public service as a revenue. Sacred Heart Catholic Church. Registered Nurse at Kings County Hospital Vital Marketing’s unusual methodology and Even with all of his work with community or- Center, and later was employed as Associate its consistent success can be credited in great ganizations and local businesses, Dr. Remke Director for Clinical Service for 9 years at Har- was perhaps celebrated most for his generous part to its founder and president, Anthony Jo- lem Hospital Center. seph. The Queens-bred son of a Jamaican spirit and wise counsel. I benefited tremen- mother and Puerto Rican father, Anthony, un- dously from such advice when he was kind Katie is the wife of Hervin L. Davis and derstood the significance of culture early on as enough to help me in my earliest campaigns. mother of Charlene and Jacqueline Davis, it related to marketing. Whether it was a new business idea that who continues to serve as an inspiration in In May 2001, VMG was presented with the needed help or just a relaxed visit with an old spite of her untimely death. As a young Black Enterprise Rising Star Award, in honor friend, folks from Lawrence County to Nash- woman who overcame her mental disability, of the high revenues garnered by VMG’s high ville, Memphis, and Knoxville always knew Jacqueline served others until her untimely profile clients. A year later, VMG offered fur- they’d find the support and guidance they passing in her early 20s. ther proof that they were on the assent when were looking for in a chat with Dr. Remke. On behalf of his many friends in the Fifth Katie is a long-time member of the Antioch they turned a cold call and a year of conversa- Baptist Church in Brooklyn where the Rev- tion into a multimillion dollar contract with the District of Tennessee, I send my deepest con- dolences to Dr. Joe Remke’s wonderful family. erend Robert M. Waterman is pastor. She is U.S. Army via advertising giant Leo Burnett. known in the community and among the Anti- Mr. Speaker, Anthony Joseph has created a f och Baptist Church family as a spirited and successful company through his own hard PAYING TRIBUTE TO RALPH committed Christian. She has faithfully sup- work and ingenuity. As such, he is more than WILLIAMS ported many church activities over the years worthy of receiving our recognition today and and currently serves as Co-Chair of the Anti- I urge my colleagues to join me in honoring HON. SCOTT McINNIS och Capital Campaign. Katie genuinely cares this truly remarkable person. about those in her community and is always OF COLORADO f working with others to serve those in need. IN THE HOUSE OF REPRESENTATIVES REMEMBERING DR. J.W. REMKE, Thursday, June 24, 2004 Throughout her career, Katie has continued JR., GENEROUS AND DEDICATED to be actively involved in activities and pro- COMMMUNITY LEADER Mr. MCINNIS. Mr. Speaker, I rise today to grams to improve the educational and social pay tribute to the hard work and success of conditions of her community. She is energetic HON. JIM COOPER Ralph Williams of Pueblo, Colorado. Strong and strategic in her approach, getting others small businesses build strong communities, involved in addressing key issues that affect OF TENNESSEE and Ralph has provided much leadership in the young and the elderly. Long noted for her IN THE HOUSE OF REPRESENTATIVES continuing SCA Insurance’s strong business active leadership throughout the community, tradition in the Pueblo community. Thursday, June 24, 2004 she continues to promote and encourage As the chief of SCA Insurance, Ralph is young people and adults to seek an edu- Mr. COOPER. Mr. Speaker, I rise today to considered by his colleagues as an expert in cation, as demonstrated by her current posi- honor the life of Dr. J.W. Remke, Jr. of the industry. Ralph’s personable style and Lawrenceburg, Tennessee. Dr. Remke was a business acumen helped to build a loyal clien- tion as President of Medgar Evers College dedicated community leader, a distinguished tele and to work closely with local agencies Community Council. The Council awards sev- optometrist and businessman admired and other statewide organizations. The Great- eral scholarships annually to eligible students throughout Tennessee for his willingness to er Pueblo Chamber of Commerce recently attending Medgar Evers College who exhibit help others. Dr. Remke was always happy to honored Ralph for his work as a business outstanding academic performance and poten- use his time and his energies to build a better leader with their Charles W. Crews Business tial leadership qualities. life for his community and its families. Leader of the Year award. Katie’s dedication and clever leadership Joe Remke knew early in life what he want- Mr. Speaker, it is my honor to acknowledge skills are consistently recognized at Kingsboro ed to do and where he wanted to live. After Ralph Williams before this body of Congress Psychiatric Center. She volunteers her time as graduating from the University of Tennessee and this nation for his dedication and commit- a facilitator of the Advisory Committee for the and the Southern College of Optometry in ment to success. His work as a business lead- Emerson-Davis Family Center. This special Memphis, he returned to his hometown of er in the Pueblo community is certainly com- center houses single-parent families, sepa- Lawrenceburg and soon opened his own busi- mendable. I congratulate him on his achieve- rated by homelessness, parental mental dis- ness, the Remke Eye Clinic. For the next 50 ments, and I wish him the best in his future ability or substance abuse, who are reunited years, Dr. Remke could be found helping his endeavors. by the Emerson-Davis Family Center in Brook- friends and neighbors see better—in f lyn, New York. While ‘‘Emerson’’ refers to the Lawrenceburg, Waynesboro, Hohenwald or Center’s street address, ‘‘Davis’’ honors Jac- Lewisburg, even a few politicians in Nashville A TRIBUTE TO KATIE DAVIS queline Davis, Katie’s deceased daughter. and Washington, D.C. For Dr. Remke, work was a joy, more a hobby than anything else, HON. EDOLPHUS TOWNS Mr. Speaker, Katie Davis has dedicated her- and something he looked forward to. Even at OF NEW YORK self to helping people and families in need the age of 79, Dr. Remke saw patients every IN THE HOUSE OF REPRESENTATIVES through her distinguished professional career day, right up until the time of his brief illness. and her community-based work. As such, she Dr. Remke’s commitment to his patients Thursday, June 24, 2004 is more than worthy of receiving our recogni- was truly outstanding—just like his commit- Mr. TOWNS. Mr. Speaker, I rise in honor of tion today and I urge my colleagues to join me ment to his community. He was a founder of Katie Davis in recognition of her dedication to in honoring this truly remarkable person.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.017 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1265 IN MEMORY OF CHARLES B. tive Affairs Disaster Team. Her hard work has on to serve two successful terms as the leader ‘‘SONNY’’ TOWNER, JR. made her a national asset to the agency and of our nation. He wanted all Americans to to this nation. have the same freedom and opportunity to HON. SAM FARR Mr. Speaker it is clear that Leslie Bailey is pursue success, and he consistently promoted OF CALIFORNIA a woman of great commitment to humanitarian that ideal through policies of limited govern- IN THE HOUSE OF REPRESENTATIVES efforts in the State of Colorado and our coun- ment. He said, ‘‘Government can and must try. Her hard work and willingness to give of provide opportunity, not smother it; foster pro- Thursday, June 24, 2004 her time to help federal disaster victims is wor- ductivity, not stifle it.’’ Mr. FARR. Mr. Speaker, I rise today to thy of recognition before this body of Con- What makes Ronald Reagan most unforget- honor the life of Mr. Charles B. ‘‘Sonny’’ gress today. I wish to extend my sincerest table was his unfailing optimism. Even as our Towner, Jr., who passed away on June 2, thanks to Leslie for her continuing work on be- nation mourns, we cannot help but smile at 2004. A dedicated member of the Santa Cruz half of a grateful nation. the thought of his cheerful and radiant person- community, Charles is survived by his wife f ality. President Reagan possessed a sense of Ellen, and will be greatly missed. humor strong enough to withstand even the Charles led a life of public service, first serv- HONORING THE LIFE OF pain of an assassin’s bullet. Demonstrating his ing in the 6th Aircraft Repair Unit Floating dur- PRESIDENT RONALD REAGAN trademark good nature, he said to the doctors ing World War II. Following the war, Charles about to operate on his bullet wounds, ‘‘I hope returned to California to sell sporting goods, HON. MICHAEL K. SIMPSON you’re all Republicans.’’ It was this char- becoming a prominent businessman in the OF IDAHO acteristic sanguinity that swept up a down- Bay Area for over 30 years. Continuing his IN THE HOUSE OF REPRESENTATIVES trodden America and reenergized its faith in public service, Charles also became the busi- Thursday, June 24, 2004 freedom, the Presidency, and our military. ness manager for the Cambrian School Dis- Ronald Reagan was many things. He was a trict in San Jose for ten years. During this Mr. SIMPSON. Mr. Speaker, every visitor man of reason, a man of sincerity, a man will- time, Charles was an active member of the who comes to my office is greeted by a ing to listen. And he is a man whose char- Camden High School Booster Club and volun- plaque that bears the inscription of Ronald acter, grace, and wisdom will be deeply teered for the Cambrian Park Little League Reagan’s signature and this quote, ‘‘There’s missed by this nation. no limit to what a man can do or where he and Pony League. f Following his retirement in 1990, Charles can go if he doesn’t mind who gets the credit.’’ continued his commitment to his community, These words are characteristic of the great TO HONOR KATY DOYLE as he volunteered with the Trinity Presbyterian man that served as the fortieth President of Church, Santa Cruz Gardens School Volun- the United States of America. I am involved HON. NICK LAMPSON with politics today because of the inspiration I teer Program and the California Grey Bears. OF TEXAS received from Ronald Reagan. I believe he Mr. Speaker, I would like to express my IN THE HOUSE OF REPRESENTATIVES deepest sympathy to Charles’ family and was the true example of what a statesman Thursday, June 24, 2004 honor him by celebrating his life and contribu- can be, and I hold that example close to my tion to society. As a prominent member of the heart as I carry out my own duties. Mr. LAMPSON. Mr. Speaker, I want to take Santa Cruz community, Charles Towner, Jr. President Reagan will always be remem- this opportunity to recognize the exceptional will be missed. bered as an unabashed patriot. He was con- athletic achievements of an outstanding indi- vinced of the ability of the United States to f vidual, personal friend, and fellow Texan. provide the hope of freedom to those enslaved Katy Doyle, a member of the Texas A&M PAYING TRIBUTE TO LESLIE by totalitarianism and communism. President track and field team, led her team with an in- BAILEY Reagan’s vision of the world and the future of credible athletic performance in the 2004 Big this country would not be dimmed or daunted 12 Outdoor track and field conference cham- HON. SCOTT McINNIS by ideological threat, and he was not afraid to pionships. In the javelin competition, Doyle’s OF COLORADO stand up to tyranny and aggression. From the throw of 54.75m put her team in first place in IN THE HOUSE OF REPRESENTATIVES beginning of his presidency, President Reagan the event, and shattered a conference record realized the potential cost of inaction and that had stood for five years. Thursday, June 24, 2004 weakness in the face of Soviet defiance and Doyle’s gold medal performance at the con- Mr. MCINNIS. Mr. Speaker, I would like to nuclear threat, and he took action. Through a ference championship added to her two pre- take this opportunity to pay tribute to Leslie series of defense budgets, he increased de- vious wins in the same event in 2000 and Bailey and thank her for the remarkable civic fense spending 35 percent during his two 2003 conference meets. contributions she has made to her Fort Collins terms, ensuring the country the resources nec- Mr. Speaker, being a personal friend of both community, the State of Colorado and this na- essary for security. Additionally, President Katy and her family, I can say her on-field per- tion. Leslie started her career volunteering her Reagan managed to negotiate the first U.S.- formance is a testament to her character off services to the Federal Emergency Manage- Soviet treaty to reduce the number of nuclear the field. Coming off a seemingly debilitating ment Agency following the flood disaster that weapons through a series of four summits with injury that kept her out of competition in 2001 struck Fort Collins in the summer of 1997, and Mikhail Gorbachev. President Reagan was al- and 2002, she persevered and ultimately re- has remained in public service ever since. I ways clear about what he expected and never gained her championship form. am pleased to be able to pay tribute to Leslie, more so than when he pleaded at the I am honored to give credit to this talented and thank her for her tireless work. Brandenberg Gates, ‘‘Mr. Gorbachev, tear athlete, deserving individual, and great Texan. After helping her community’s flood victims down this wall!’’ f in 1997, Leslie was asked to join FEMA as a President Reagan planted democracy in re- Disaster Assistance Employee. Since that gions of the world that have never tasted the THE 30TH ANNIVERSARY OF THE time, she has served in Community Relations, joys of freedom. He taught newly liberated U.P.C. BAR CODE Public Affairs, and Congressional Affairs, with people across the globe that hard work and a focused area of expertise on Congressional faith in God could result in prosperity, a sense HON. JOHN A. BOEHNER and Intergovernmental liaison functions. From of satisfaction in one’s own legacy, and a bet- OF OHIO 1998 to 2004 Leslie served as one of FEMA’s ter outlook for tomorrow. He wanted the Amer- IN THE HOUSE OF REPRESENTATIVES primary Congressional and Intergovernmental ican dream to be a reality throughout the Affairs Liaisons. She has held the position of world. Thursday, June 24, 2004 Congressional Liaison, on over 40 federally President Reagan will also be remembered Mr. BOEHNER. Mr. Speaker, I rise today to declared disaster operations including re- as a man of humble beginnings. He pro- join with my constituents and friends in Troy, sponse efforts to the September 11th attacks claimed America as a place where ‘‘everyone Ohio to celebrate the 30th anniversary of the and preparing for the 2002 Winter Olympics. can rise as high and as far as his ability will U.P.C. bar code. When a pack of Wrigley’s Leslie currently serves as the Lead Congres- take him.’’ Born in Tampico, Illinois, President chewing gum was scanned by a cashier at the sional Liaison on one of three national Emer- Reagan used his abilities to establish a career Marsh Supermarket in Troy on June 26, 1974, gency Response Teams for FEMA, and fre- in Hollywood. He continued to work and learn few understood the impact this simple action quently works as part of the Office of Legisla- as he rose through California politics and went would have. Thirty years later, we now know.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.020 E25PT1 E1266 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 It’s amazing that the 59 black and white also means that they incur no new obligations. (IACHR), after the Peruvian government failed bars and 12 numbers of a U.P.C. bar code At a time when Israel needs Palestinian as- to comply with the Commission’s 2002 rec- could have saved consumers, retailers, and sistance to end terrorism, they are locked out ommendations calling for the restoration of manufacturers more than a trillion dollars over of the room. At a time when America needs Berenson’s rights, monetary compensation for these three decades, but it’s true. The U.P.C. the Islamic world to view the United States as damages incurred while in prison and a gen- bar code has revolutionized global commerce, not hopelessly biased against it, the Palestin- eral overhaul of the anti-terrorism laws that and I am so proud to say it all started back in ians are given the back of the hand.’’ have condemned hundreds if not thousands of the state of Ohio. In the end, to resolve this two-party conflict Peruvian nationals under the Alberto Fujimori Mr. Speaker, the Uniform Code Council and requires a two-party commitment. I hope that regime (1990–2000), to a parody of properly Marsh Supermarkets will join together tomor- the Israelis and the Palestinians soon will real- administered justice. row to celebrate this 30th Anniversary. Troy’s ize that their future and their fortunes are inex- ‘‘If Berenson were to be exonerated of her Mayor Michael Beamish will offer a proclama- tricably linked. As the Road Map envisions, alleged offense, the Peruvian government tion making June 25, 2004 ‘‘U.P.C. Bar Code both sides ultimately must reconcile dif- would be obliged to comply with the Court’s Day,’’ and since I will be unable to join them, ferences, make concessions, accept obliga- judgment, based on Article 68 of the American let me use this moment to send my very best tions, and take simultaneous steps for Convention on Human Rights; this clause as- to everyone involved in the celebration. From progress and peace. In the words of IPF, ‘‘Any serts that, ‘The States party to the Convention the invention of flight to the use of the very successful movement toward an agreement undertake to comply with the judgment of the first U.P.C. bar code, Ohio continues to prove requires Israeli-Palestinian, and not Israeli- Court in any case to which they are parties.’ itself a true center of innovation. U.S., negotiations.’’ I agree. Former U.S. Attorney General Ramsey Clark f While the evacuation of Gaza could be a represented Berenson throughout the Court first and positive step towards a just and last- proceedings and was assisted by noted crimi- REGARDING THE SECURITY OF ing peace, many other steps must follow. But nal and international lawyer Thomas H. Nooter ISRAEL AND THE PRINCIPLES OF only a negotiated resolution, involving both the as well as Peruvian lawyer Jose Luis PEACE IN THE MIDDLE EAST Israelis and the Palestinians, will bring about a Sandoval Quesada. The Court’s ruling will just and lasting peace. Unilaterally evacuating likely be handed down later this year. . . SPEECH OF Gaza alone will neither stabilize the region nor ‘‘In December of 1994, Berenson allegedly HON. JESSE L. JACKSON, JR. produce an enduring peace. As President arrived in Peru as a journalist to work for two OF ILLINOIS George Bush has said—and President Bill small American publications, Modern Times IN THE HOUSE OF REPRESENTATIVES Clinton before him—in the past, only a solu- and Third World Viewpoint. On Nov. 30, 1995, the Peruvian police arrested her aboard a Wednesday, June 23, 2004 tion that is ‘‘mutually agreeable’’ to both sides has a realistic chance of long-term survival public bus on charges of ‘treason against the Mr. JACKSON of Illinois. Mr. Speaker, I rise and success. fatherland.’ After being illegally interrogated by today as a passionate proponent of achieving It is because I believe deeply in the role of the police without the benefit of a defense a just, lasting and comprehensive peace in the the U.S. as a genuine partner for both sides counsel, Berenson appeared before a ‘face- Middle East. I will vote for this resolution, but in the peace process that I remain committed less’ military court that had a 97 percent con- I have deep reservations about specific as- to the Road Map. viction rate. In a grossly contrived trial before pects of it. f a hooded military judge who most likely hadn’t Today, as yesterday, I am in strong support attended a day of law school, this court sen- of the Road Map for peace devised by the DEVELOPMENTS WITH THE LORI tenced her to life in prison for her suspected United States, European Union, United Na- BERENSON CASE leadership position in the Tupac Amaru Revo- tions and Russia. As the world’s only Super- lutionary Movement (MRTA) and for the role power, it is the responsibility of the U.S. to HON. CAROLYN B. MALONEY she purportedly played in plotting a foiled at- work assiduously as an honest and balanced OF NEW YORK tempt to abduct members of Peru’s Congress. broker in this complex process to bring about IN THE HOUSE OF REPRESENTATIVES However, after years of outraged international a just and fair resolution. Thursday, June 24, 2004 protest over her patently inequitable trial, she The U.S. can only be effective in our role as continues to serve a 20-year sentence, after a mediator if we are able to maintain the trust Mrs. MALONEY. Mr. Speaker, I urge my civilian court overturned the ’96 supreme mili- and confidence of both the Israelis and the colleagues to read this excerpt from ‘‘What- tary court’s decision on the basis of newly ob- Palestinians. To embrace one side to the ex- ever Happened to Lori Berenson, President tained evidence that proved she was not a clusion of the other is to undermine the credi- Toledo’s Trophy Prisoner?’’ This analysis was leader of the MRTA. She was then convicted bility of the U.S. in the world, further deepen prepared by Abigail Jones, Research Asso- on a lesser offense of abetting a terrorist orga- the divide within the region, compromise the ciate at the Council on Hemispheric Affairs, nization. The civilian court acquitted Berenson security of Israel, and further endanger U.S. and presents factual documentation about the of both membership in and militancy with a citizens and interests throughout the Middle recent developments in the case of my con- subversive organization.’’ stituent, Lori Berenson, who has been impris- East. f In his April 14, 2004, letter to Mr. Sharon to oned for eight and a half years in Peru. During which this resolution refers and endorses, her imprisonment, she has never received a INTELLIGENCE AUTHORIZATION President Bush seems to make a troubling fair trial. I remain hopeful that the Peruvian ACT FOR FISCAL YEAR 2005 shift in the long standing policy of the United government will release Lori from prison. It is States. For years, the U.S. has attempted to time for her to come home. SPEECH OF facilitate, encourage and promote Israeli-Pal- (Excerpt): ‘‘Lori Berenson, a 34-year-old HON. RUSH D. HOLT estinian negotiations. New York native, has spent eight-and-a-half OF NEW JERSEY Now, however, with the issuance of the years incarcerated in Peru without the benefit IN THE HOUSE OF REPRESENTATIVES Bush letter and completely outside of the of a fair and impartial trial—until now. Wednesday, June 23, 2004 framework and process of final status negotia- Berenson’s most recent trial was heard on tions, the United States has approved of Mr. May 7, 2004, in San Jose, Costa Rica before The House in Committee of the Whole Sharon’s unilateral plan involving two very the Inter-American Court of Human Rights, the House on the State of the Union had under consideration the bill (H.R. 4548) to authorize central and sensitive issues—the disposition of OAS’s highest judicial body for the regional or- appropriations for fiscal year 2005 for intel- Israeli West Bank settlements and the Pales- ganization’s member states. The CIDH exerts ligence and intelligence-related activities of tinian refugees’ ‘‘right of return.’’ To pre- jurisdiction over OAS members who have rati- the United States Government, the Commu- maturely make significant determinations in fied the American Convention on Human nity Management Account, and the Central favor of one party—the Israelis—without any Rights, which Peru has endorsed. It is of note Intelligence Agency Retirement and Dis- input from the other—the Palestinians—is, at that this Court does not adjudicate the inno- ability System, and for other purposes. the very least, imprudent and prejudicial. In cence or guilt of a defendant, but rather evalu- Mr. HOLT. Mr. Chairman, the list of recog- my view, this shift will further complicate, frus- ates a state’s compliance to the tenets of the nized intelligence failures is depressingly long trate and forestall final status talks. Convention. The Court consented to hear and still growing. Despite these documented As stated in an Israel Policy Forum (IPF) Berenson’s case upon the request of the Inter- missteps, the House Leadership has produced commentary, ‘‘Shutting the Palestinians out American Commission on Human Rights an Intelligence Authorization bill that says we’ll

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.023 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1267 keep doing more of the same. We’ll conduct cerns, and alternative views are clearly laid CONGRATULATING GLORIA our intelligence the same way as we have in out. It would help us make sure that we actu- MACAPAGAL ARROYO ON THE the past. We’ll spend a little more money here, ally know what we think we know. There was OCCASION OF HER RE-ELECTION a little less money there, but we’ll do the same no reason for this reform to be rejected. AS PRESIDENT OF THE PHIL- things we’ve been doing and do them the IPPINES Finally, I was horrified that the Majority de- same way. And Congress will continue to ab- dicate its oversight responsibility. That’s unac- cided not to allow debate on Mr. Peterson’s ceptable. amendment, which would have fixed a major HON. DARRELL E. ISSA Every member of this Congress supports flaw in this bill. The bill only funds one-third of the men and women of our intelligence com- the critical counterterrorism funds the intel- OF CALIFORNIA munity who put their lives on the line every ligence agencies say they need. The Peterson IN THE HOUSE OF REPRESENTATIVES day to keep our nation safe. I am a veteran of amendment would fund 100 percent of the the intelligence community, having worked at counterterrorism funding needed and would do Thursday, June 24, 2004 the State Department’s Bureau of Intelligence so now. Mr. ISSA. Mr. Speaker, I rise today to con- and Research, and I have the utmost respect Instead, the Majority plans to wait to ask for for our intelligence professionals. However, we gratulate Gloria Macapagal Arroyo, who was more money in a supplemental appropriation officially proclaimed President of the Phil- do a disservice to their hard work and per- later this year. However, by funding our intel- sonal sacrifice if we do not make sure that ippines yesterday, the 23rd of June, 2004. ligence community by supplemental we in they have the tools and organizational struc- This election marks a milestone in the politics Congress will be curbing our own ability to ture they need to perform their duties success- of the Philippines. It demonstrated that, de- oversee how those funds are spent. We need fully. spite the difficulties that persist in the Phil- We all know now that they work within a to give the intelligence community the financial ippines, the leadership of the country remains broken system plagued by miscommunication, support it needs, but it would be irresponsible committed to democratic governance. for us to give them a blank check and not ask lack of coordination, and poor organization. In I have had the pleasure of meeting Presi- any questions. my view, the worst thing we can do for them dent Arroyo on two separate occasions. I have is to continue to prop up this broken system. As a member of the House Permanent Se- also interacted and worked with several mem- When a ship is sinking, you can either hand lect Committee on Intelligence, it is my re- bers of her cabinet. The Philippines, under the out buckets or you can repair the holes. Con- sponsibility to make sure that this Congress leadership of President Arroyo, has been a gress should be in the job of repairing the in- both exerts the proper oversight over our intel- steadfast partner of the United States in the telligence community, not bailing it out. ligence community and that the community re- War on Terror. While Al-Qaeda has sought to I want to be clear that our intelligence fail- ceives the proper directives and funding to be spread its influence, training camps and crimi- ures are not the fault of the men and women successful. I cannot in good conscience vote nal enterprises into Asia, the government of who work in the intelligence community. They for this bill because it is structured in such a the Philippines has taken a proactive ap- are the result of complex, competitive and way that will only contribute to more intel- proach to ensure that international terrorism often redundant organizations that prevent the ligence failures in the future. does not take root in this strong ally of the good work of our intelligence operatives from United States. The government of the Phil- resulting in good, comprehensive products. f ippines has recently made important strides Unfortunately, there is no indication in this towards protecting intellectual property rights bill that we have learned anything from our in- HONORING HOLLY WALKER FOR and other measures that will strengthen trade telligence mistakes. Nearly 3 years ago, our and contact between our two nations. intelligence services failed to prevent the at- HER OUTSTANDING SCHOLASTIC tacks on the World Trade Center, which took ACHIEVEMENT Mr. Speaker, as Americans, we have the the lives of more than a hundred of my con- privilege of living in the world’s strongest de- stituents in central New Jersey. An anthrax at- mocracy and as such we, as a nation, often tack, which originated in my district and which HON. JON C. PORTER take it upon ourselves to answer freedom’s call and point out injustices in the world and, targeted Members of Congress and other in- OF NEVADA nocent citizens, still remains unsolved by the in some occasions, take an active role to bring FBI. Today, our soldiers are risking their lives IN THE HOUSE OF REPRESENTATIVES democracy to those who do not enjoy free- in Iraq after fighting a war to bottle-up weap- dom. While these cases of injustice often com- Thursday, June 24, 2004 ons of mass destruction that our intelligence mand our immediate attention, it is important services said were there, but were not. The Mr. PORTER. Mr. Speaker, I stand here to note the United States has many friends list of failures goes on. today to honor an outstanding young woman throughout the world who, like the Philippines, have been there for the United States when And yet, with this bill, Congress continues to and student. Holly Walker has received the we have needed a dependable ally. fail to make any reforms of the intelligence Discover Card Tribute Award Scholarship. As community. In fact, there is no indication in one of eight Nevada recipients, Holly went on The 108th Congress has also acted to this bill that Congress plans to exert any more to compete nationally for Discover Card’s top strengthen the friendship between our two na- oversight over the intelligence community to scholarship award in which she, along with tions. The aid we provide the Philippines pro- hold it accountable for its performance than it nine other students from around the country, vides important support in the War on Terror has in years past. That is inexcusable. and our decision to grant Filipino veterans of In Committee, many of my colleagues and I were awarded an additional scholarship on top of the award received at the state level. World War II the same benefits as the Amer- offered a series of commonsense reforms that ican counterparts with whom they served has would have strengthened intelligence and Discover Card awards scholarships to junior gone a long way toward righting an injustice strengthened oversight. They were all re- high school students based on leadership and enhancing the ability of the government of jected. merit, academic achievements, and the ability the Philippines to work with the United States For example, one of the reforms included a to share talents with others while simulta- on numerous issues of mutual concern. provision that would have established a spe- neously overcoming considerable personal Mr. Speaker, as co-chair of the U.S.-Phil- cial ‘‘red-team’’ that would have been charged challenges. The scholarship can then be used ippines Friendship Caucus, I congratulate both with challenging assumptions and poking for any type of post-high school education. holes in the so-called ‘‘judgments’’ of the Intel- President Gloria Macapagal Arroyo on her re- ligence Community. In other words, the ‘‘red- I congratulate Holly Walker for this great ac- election to a new term of office and the people team’’ would be our in-house devil’s advocate. complishment and contribution to the state of of the Philippines for holding a competitive It would make Intelligence analyses like the Nevada. As one of only nine national recipi- election that demonstrated the vibrant spirit of National Intelligence Estimate stronger and ents, and the only Nevada recipient to receive democracy of the Philippines. I look forward to less subject to misinterpretation or selective such an honor, I ask my colleagues to stand working with President Arroyo on future editing by providing policy-makers with a new with me in recognition of this outstanding high projects that benefit both America and the ‘‘red team’’ section where all doubts, con- school student. Philippines.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.027 E25PT1 E1268 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 PERSONAL EXPLANATION American community marked a significant [From the State, June 19, 2004] event—the unveiling of a monument to the WAR IN IRAQ: LEXINGTON BIDS FAREWELL TO A HON. CHARLES A. GONZALEZ Great Kobzar, Taras Shevchenko. Taras FALLEN HERO (By Chuck Crumbo) OF TEXAS Hryhorovich Shevchenko, the great Ukrainian IN THE HOUSE OF REPRESENTATIVES poet, artist and thinker, the revolutionary-dem- When he wrote home, Army Spc. Thomas ocrat, and the ardent fighter against tsarizm Caughman would close his letters with these Thursday, June 24, 2004 and serfdom. He is considered the great son words: ‘‘Freedom isn’t free.’’ On Friday, family and friends honored the Mr. GONZALEZ. Mr. Speaker, on rollcall of the Ukrainian people. As the autocratic gov- Nos. 25, 26, and 27, had I been present, I 20-year-old Lexington County soldier who ernment of tsarist Russia attempted to erase paid the ultimate price. would have voted ‘‘yes.’’ Shevchenko’s name from people’s memory About 1,000 crowded into the pews and f and suppressed all attempts to immortalize in lined the walls of Red Bank Baptist Church, sculpture the image of the poet of genius, the and another 200 to 300 waited outside in the CONGRATULATING DR. IRVIN sweltering heat, as Caughman was remem- HAMLIN people could not forget this man. The first monument in the country, the bust in marble, bered as a joyful and religious young man who made others around him feel special and to the great Kobzar was set up illegally in HON. MICHAEL H. MICHAUD loved. 1899 in Kharkov. On March, 24, 1935, it was A large crowd was expected. Caughman OF MAINE a great holiday for the people in Kharkov as was a member of one of Lexington County’s IN THE HOUSE OF REPRESENTATIVES they joined together for the unveiling of the best-known families, with ties to banking, Thursday, June 24, 2004 first legal monument of Shevchenko. retailing and the religious community. Nearly an hour before the service, traffic Mr. MICHAUD. Mr. Speaker, I rise today to Almost 30 years after the people of Ukraine celebrated their monument, the Ukrainian was backed up a quarter of a mile on S.C. 6, congratulate Dr. Irvin Hamlin, M.D. of East which runs past the church in the heart of Millinocket, Maine who is set to retire after Americans were able to have a holiday of their the Red Bank community. After the church practicing medicine for over 48 years in the own. Through hard work, generosity, and dedi- parking lot filled up, some mourners had to Katahdin Region. cation, the Ukrainian American community park across the street in the lot of St. James After serving his country as a medic in was able to honor their country’s hero with a Lutheran Church. World War II, Dr. Hamlin returned to the states monument in the Nation’s Capitol. Over The turnout would have delighted Caughman, said the soldier’s uncle, Glenn and attended Colby College in Waterville, 100,000 attendees participated in the festivi- ties 40 years ago dedicated to the unveiling of Day, who offered personal remarks during Maine and completed his medical training at the service. the Tufts University Medical School. Upon the Taras Shevchenko monument. The ‘‘If he could say something to me right graduation from medical school, Dr. Hamlin Ukrainian American community is fortunate to now and come up and do that little backhand had a brief internship in Springfield, Ohio and celebrate this significant milestone 40 years on your chest . . . he’d say, ‘Look at that then moved to East Millinocket in 1955, where later. I am proud to represent an area of Chi- crowd I got for you,’’’ Day said to laughter. he has remained ever since. cago that we call ‘‘Ukrainian Village.’’ I want to Caughman, a 2002 graduate of Lexington Dr. Hamlin has always exemplified the quali- honor this special day with my constituents High School, died June 9 while patrolling a and praise the Ukrainian community, Ukrainian Baghdad neighborhood for bombs used to at- ties of superior citizenship; his dedication to tack U.S. troops. his patients and his community should serve Congress Committee of America, the Ukrain- The Army said Caughman’s armored vehi- as an example to others. Always one to bring ian National Women’s League of America cle was struck by rocket-propelled grenades a smile to his patient’s faces, Dr. Hamlin’s (UNWLA), the U.S.-Ukrainian Foundation and and small arms fire. Two other soldiers in good humor and practical jokes are renowned all the organizations involved in honoring the his vehicle also were wounded seriously. throughout the region; but his compassion is 40th Anniversary of this special monument. Caughman was assigned to Army Reserve his most outstanding quality. I have felt this Mr. Speaker, this monument stands for Company C of the 291st Engineer Battalion, more than just honoring a great man but also based in Spartanburg. He transferred to a part of his caring in my life when he attended Pennsylvania combat engineer unit when it to my own father. as a way to never forget the struggles and the was called up for active duty. It is always with some lingering sadness human rights violations by the former Soviet Caughman is the first fatality of the Iraqi that I pass along my best wishes for the retire- regime and political repressions against those war from Lexington County and the 21st ment of an individual like Dr. Hamlin. Though who struggled for Ukraine’s liberation. member of the armed services with ties to his retirement is well deserved it also signifies South Carolina to die in the conflict. that the Katahdin Region is losing one of its f Friday’s service was a mix of sweet senti- ment—about a son, brother, nephew, cousin most valued and experienced physicians. REMEMBERING A SOUTH CARO- and soldier—and a dose of unabashed patriot- While his presence as a physician will be LINA HERO, THOMAS CAUGHMAN ism. sorely missed; the extra time to spend with his Just after the service started, the Rev. family and fishing in area lakes and streams is Robert ‘‘Butch’’ Powell asked mourners to long over due. I only ask that he leave some HON. JOE WILSON salute some 60 members of the U.S. military fish for the rest of us to catch. OF SOUTH CAROLINA who attended the funeral, including four The Millinocket Regional Hospital for which IN THE HOUSE OF REPRESENTATIVES dozen members of Caughman’s Reserve unit. he worked for so many years will honor Dr. Led by the fallen soldier’s parents, Hamp- Thursday, June 24, 2004 ton and Jane Caughman, mourners stood and Hamlin next Thursday, July 1, 2004. I am sure Mr. WILSON of South Carolina. Mr. Speak- offered a thunderous ovation that lasted for the people of the Katahdin region will turn out er, on June 9th, one of Lexington, South Caro- 40 seconds. in droves to congratulate him and thank this lina’s most beloved sons, Army Specialist Later, pictures of Caughman flashed on a wonderful man who has spent so many years screen at the front of the church while coun- Thomas Caughman, was lost, when he was serving them. try singer Toby Keith’s recording of ‘‘Amer- killed in a terrorist attack while serving in Iraq. After 48 outstanding years of dedicated ican Soldier’’ was played over the public ad- As Thomas wrote from the field in Iraq, service, it is my great pleasure to congratulate dress system. ‘‘freedom isn’t free.’’ Sadly, his family, friends The pictures covered Caughman’s life from Dr. Hamlin and thank him for his tireless serv- and fellow South Carolinians have learned this toddler to soldier. ice. lesson in a painful and personal way. Thomas There were shots of Caughman as a child f Caughman was the son of proud parents at birthday parties, pedaling his red tractor, riding horseback, playing youth league base- HONORING THE 40TH ANNIVER- Hampton and Jane Caughman of Lexington, ball and fishing at the family pond. SARY OF THE SHEVCHENKO South Carolina. There also were pictures of Caughman at MONUMENT Thomas will forever be an American hero his high school graduation flanked by his for defending the American people in the War parents, shots of him and his buddies posing on Terror. I ask all of my colleagues to join me with a buck they had bagged, and images of HON. DANNY K. DAVIS him in his Army desert togs at the wheel of OF ILLINOIS in extending our deepest regrets to the family of Thomas Caughman, and the entire Wilson a Humvee. IN THE HOUSE OF REPRESENTATIVES Caughman’s parents said he loved children family sends their thoughts and prayers. Thursday, June 24, 2004 and especially relished the time he could I request that the following article from The spend with his cousins at family outings. Mr. DAVIS of Illinois. Mr. Speaker, four dec- State newspaper be placed into the RECORD, One of those cousins, 6–year-old Hannah ades ago, on June 27, 1964, the Ukrainian in remembrance of the fallen hero. Frye, honored Caughman by standing before

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.031 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1269 the packed church and flawlessly singing Lee great accomplishment, and I am entering his backed by other nations, the peacekeeping Greenwood’s patriotic hit, ‘‘God Bless the essay into the RECORD so it can be enjoyed process reached it ultimate goal on April 28, USA.’’ During the service, Day often referred by others. 1952. With over fifty nations present, a trea- to his nephew’s ever-present smile. ty granted Japan freedom to pursue democ- REBUILDING FROM PAST CONFLICTS ‘‘Every time I close my eyes, I see that racy peacefully and prosperously. Over fifty smile and that smile tells you a lot about a From the sheer numbers of a post-war years later, Japan reigns as a world power man’s spirit,’’ Day said. ‘‘I take great pride death toll to the immense destruction of while still remaining a peaceful, democratic in being Thomas Caughman’s uncle.’’ buildings and infrastructure, conflicts leave nation. The Rev. Powell recalled one of his last their mark on the world. The work that’ con- Similar to Japan, Rwanda faced a massive conversations with Caughman, before the tinues once the fighting has stopped deter- reconstruction following its 1994 genocide. soldier headed for Iraq. Caughman believed mines whether more problems will erupt or Unfortunately, its outcome proved to be less it was his responsibility to fight for the free- whether an ultimate peace will triumph. successful. In April 1994, the murder of dom that his family, friends and fellow This post-war reconstruction is often a com- Rwanda’s Hutu president, coupled with an Americans enjoy, Powell said. plex and difficult process. From the players unsettled past, instantly incited Rwanda’s ‘‘He told me, ‘I’m not married, I don’t have in the rebuilding to the system of govern- two tribes—the Hutu and Tutsi—to violence. any kids. I’m going for those who can’t. I’m ance, each aspect of reconstruction impacts As reported by Bitala, the Hutu, with re- going because it’s right,’’’ Powell said. the final outcome. Though some attempts venge in mind, murdered nearly 800,000 Tutsi Referring to Caughman’s writing ‘‘freedom have failed and others have succeeded, hu- in a span of about three months (6). Though isn’t free’’ in his letters, Powell said, ‘‘there mankind can learn a great deal from past re- the Tutsi also murdered many Hutu, the is a cost to be paid for freedom and he will- construction efforts. The analysis of the numbers of their killing was significantly ingly paid that cost. aftermath in Japan after World War II and lower than the genocide carried out by the ‘‘Thomas Caughman was a hero, and so are the reconciliation in Rwanda following the Hutu (Santoro 11). The violence only reached the others who are still over there. Don’t for- 1994 genocide suggests that plans for success- its end after the Tutsi-led government, the get them in your prayers.’’ ful rebuilding must include a branching net- RPF, gained control of the capital (11). After the service, mourners filed outside to work of peacekeepers, an effective system of In a 2001 issue of World Press Review, Mi- the church cemetery, where Caughman was justice, and an impartial system of govern- chael Bitala also noted that almost imme- laid to rest in a family plot near his grand- ance. diately the remaining Tutsi pleaded for the On August 15, 1945, the largest war in the father, Raymond B. Day, the church’s pastor RPF to implement a system of justice (6). history of the world reached its end onboard for 36 years. Caughman received full military These requests forced Rwanda’s minister of the U.S.S. Missouri after the United States honors and was awarded posthumously the justice to lock up over 100,000 suspects, and, unleashed on Japan the world’s most power- Bronze Star for meritorious service and the consequently, Rwanda’s prisons immediately ful bombs. According to W. G. Beasley, with Purple Heart. became overcrowded and unsanitary (6). In the swipe of a pen, the Japanese handed over Brig. Gen. Thomas Bryson, deputy com- order to achieve actual justice, leaders de- power to the United States beginning a mander of the 81st Regional Readiness Com- rived a new system called ‘‘gacaca’’ in which seven-year occupation feared by many Japa- mand, presented the U.S. flag that draped small village courts would hear cases. Dis- nese as the end to their country, but ulti- Caughman’s casket to the soldier’s parents. cussed in The New Republic, here at the mately recognized as ‘‘a fresh beginning’’ And then, after a final prayer, Hampton gacacas the killers would face a panel of vil- and Jane Caughman rose from their seats, (214). Embarking on what political scientist Rob- lage leaders who would decide their fate (11). stepped to their son’s casket and gently pat- Though the plan began over three years ago, ted and rubbed it. ert Ward calls ‘‘the single most exhaustively planned operation of massive and externally Rwanda has since made little progress (11). Caughman’s 17-year-old sister, Lisa, and Many killers refuse to admit their crimes, his girlfriend, Lindsey Hendrix, followed. directed political change in world history,’’ the United States commenced reconstruc- many villages simply do not use gacacas, and Each laid a rose on top of the casket and many RPF leaders discourage the tribunals gave it a soft kiss. tion with trials of war criminals (Nardo 91). These trials quickly eliminated outside cries (11–12). Though the new system of justice in Before the service, Toyanna Frye, who is Rwanda can accommodate the masses, it un- married to one of the soldier’s cousins, for revenge. Concurrently, new officials re- moved old leaders from the country, and the favorably plots killers versus victims there- talked about Caughman’s desire to serve and fore destroying any hope of fair trials. how he touched others’ lives. occupational government forced Emperor Hi- Together with a poor justice system, the ‘‘It makes you look at your life and how we rohito to resign his position and denounce govemment, led by the RPF plays unfairly to need to serve others,’’ Frye said. ‘‘I imagine his supposed godliness (Dilts 294). This eradi- the Hutu, disrupting hopes of reconciliation. that it was a wonderful day in heaven when cation of opposition laid the cornerstone for From its beginnings in 1994, the RPF-led he came home.’’ a smooth reconstruction. Along with the United States’ system of government quieted nearly all resistance to f justice, the means of governance also helped its policies. According to Santoro, the totali- CONGRATULATING TYLER assure the success of the reconciliation proc- tarian regime even hindered the planned gacacas (12). In mid-2003 the first election TAPPENDORF ess. W.G. Beasley noted that though the United States controlled the country, it with more than one political party was held chose to govern indirectly through a modi- in Rwanda, yet despite this apparent im- HON. JERRY F. COSTELLO fied body of Japanese leaders (215). The gov- provement, election fraud in all forms belied OF ILLINOIS ernment also avoided unpopular laws, there- the progress proving once again the authoritarianism of the government (Cole- IN THE HOUSE OF REPRESENTATIVES fore evading much opposition (216). In con- junction with this, the U.S. also reassured man n. pag.). Without a government willing Thursday, June 24, 2004 safety and the betterment of the people. This to benefit all people of the reconstruction, not only initiated future friendliness, but little progress can be made. Mr. COSTELLO. Mr. Speaker, I rise today to The division of authority among partici- congratulate Tyler Tappendorf of Belleville, Illi- also generated cooperation by the Japanese people (Dilts 294). In ruling through the pants in Rwanda’s reconciliation also has nois on winning the National Peace Essay country’s own people and recognizing the hindered its success. As written by Fedarko, Contest in Illinois. citizen’s views, reconstruction planted de- immediately following the genocide, French As my colleagues may know, the essay mocracy while still maintaining support of troops served as protectors to the survivors contest is sponsored by the United States In- the people. (56). Following this the German government stitute of Peace, an independent, non-partisan Together with fair governance, a primary agreed to lead the process for gacacas federal institution that promotes research, edu- country controlling the process eased the re- (Santoro 11). Numerous non-governmental cation and training on the prevention, manage- construction. As noted in Modern Japan, nu- organizations (NGOs) played a similar role throughout the peace process as well (11). All ment and peaceful resolution of conflict. First merous countries such as Britain, China, and the Soviet Union would have an influence in these forces coupled with the Tutsi-led gov- conducted in 1987, the essay contest is the the reconstruction, but the large majority of ernment created an overload of influence Institute’s primary outreach program to high the power fell into the hands of the United without one primary overseer. No govern- school students. States and General Douglas MacArthur (92). ment—besides the RPF—was in complete Contestants this year were asked to analyze This separation between major and minor in- control. Without one dominating mediator, the process of rebuilding societies after con- fluences resulted in easier governance along the process was delayed and complicated. flict. Tyler’s essay, Rebuilding from Past Con- with fewer disputes over insignificant de- Rwanda, despite its many efforts, has not flicts, was selected as the best from the state tails. By simply gathering the world’s sug- reconciled completely. Although no formal fighting has since broken out, the Hutu and of Illinois. Tyler attends Belleville East High gestions and channeling them through one enforcer, the reconstruction leaders sim- Tutsi tribes still stand divided inside the School and plans to attend Valparaiso Univer- plified the process. country’s borders. Until Rwanda can estab- sity and study actuarial science and Spanish. With a system of justice, a fair and re- lish an effective system of justice along with Mr. Speaker, I wish Tyler the best of luck in spected government, a purpose of overall im- an unbiased government, little progress will the future and again congratulate him on this provement, and one major peacekepper occur.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.036 E25PT1 E1270 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 Though the reconstruction efforts in Japan early childhood elementary education in 1957 Weekley & Valenti, which was in charge of and Rwanda contrasted in many aspects, so- from Florida State University. She was a press during President Kennedy and Vice ciety can learn many of the same lessons member of the Delta Gamma sorority and was President Johnson’s eventful visit to Texas. from them. First, both wars present evidence Mr. Valenti was in the motorcade (six cars that reconstruction must include an effec- a member of the theater dance group. She tive system of justice. An international taught school in Boston, Massachusetts and back of the president) in Dallas on November group, such as the United Nations, must es- Sanford, Florida. 22, 1963. Within an hour of the assassination tablish a permanent world court that re- In 1974, Jackie earned a nursing degree of John F. Kennedy, Mr. Valenti was aboard views major war crimes. This court should from Daytona Beach Community College and Air Force One flying back to Washington with consist of judges from numerous nations and worked as a registered nurse. the new president as the first newly hired spe- serve as the authority over post-war justice. Active in civic affairs, Jackie was on the cial assistant to President Johnson. Impartiality must be maintained. Along Board of the Southeast Volusia Hospital Dis- Mr. Speaker, it was almost 38 years and 22 with this, the reconstruction government trict at the time of her death. She also served days ago today that Mr. Valenti retired from must establish lesser courts within the dam- aged country to deal with lesser criminals. in that capacity under Governor Bob Martinez. his post as special assistant to Lyndon John- Only justice can suppress victims calling for Recently, a building at Bert Fish Medical Cen- son and became the President of MPAA. revenge and remove insurgents opposing ter was designated to be named in her honor. In his position as President and Chief Exec- peace. Hence, a system of justice allows for She was a member of the Smyrna Yacht utive Officer of the MPAA, Mr. Valenti has pre- a smoother rebuilding process. Club; a member and past president of the sided over tremendous worldwide changes in Along with a system of justice, one major Southeast Volusia Republican Club; a former the industry. New technologies, the rise in im- authority should control reconstruction, al- member of the Volusia County Republican Ex- portance of international markets, and the tyr- though numerous others should have an input on large decisions. Through this ecutive Committee; a former board member of anny of piracy have radically changed the branching system, reconstruction becomes the Visiting Nurses Association, the Volusia/ landscape of the American film and television more effective and efficient. When one gov- Flagler Red Cross, and the Space Coast Lung industry. It is Mr. Valenti’s leadership and per- ernment enforces policies and bears the final Association. She was active in numerous sonal efforts that led the confrontation with authority decisions avoid delays in argu- American Cancer Society Fund Raisers; was these global dangers, problems and opportuni- ments. The other players, however, must on the founding committee for the Atlantic ties. choose the country or NGO to become the Center for the Arts and Images; and was a Mr. Speaker, our communities and our primary force. This chosen group must seek cheerleading coach for the Southeast Volusia country have always relied on the contribu- to benefit the war-torn country and its peo- ple. Similarly, the ultimate goal of the main Athletic Association. She was a member of St. tions of those individuals who have the ability regulator must focus on plans for a peaceful Paul’s Episcopal Church. to rise above and beyond the call of duty to future as well as reconstruction of structures She is survived by her husband, Peter, a make a difference in the lives of others, both and government. son, Peter and his wife Sherri of Panama City; personally and professionally. Jack Valenti has Finally, the players must institute a rea- a daughter, Betsy Visconti and her husband demonstrated an unfailing and tireless commit- sonable and impartial government. Though Joseph of Titusville; a brother, Vernon Altman ment to the betterment of the U.S. movie in- the major authority should assist the new and his wife Mary Lee of Palo Alto, California; dustry and the entire Nation. government, the ruling body should consist a sister, J’neese Strozier and her husband Indeed, we need more people with his vi- only of natives. This prevents opposition to outside governments and eventually encour- Thomas of Miami and New Smyrna Beach; sion and energy to tackle the vast challenges ages self-rule. In conjunction with this, the and two grandchildren, Mallory Marie we all face. It is reported in the print media new or revised government must recognize Pumphrey of Titusville and Mary Christine that Mr. Valenti will continue his distinguished the needs and wants of the citizens. Govern- Mallory of Panama City. service to the people of this Nation as the ments must also establish fair laws as well Florida and the New Smyrna Beach area president of a new Washington, DC-based as democratic elections and processes. If at have lost a community leader. The Mallory not-for-profit group aimed at supporting the any time the reconstruction leaders feel that Family has lost a loved one. I have lost a spe- Global Fund to Fight AIDS, Tuberculosis and the new government is failing, then they cial friend whom it has been my honor and Malaria. should have authority to revise or remove it. Through an evenhanded government, a coun- privilege to know. When someone leaves a post of impor- try can reestablish itself while protecting f tance, it is often said that his or her shoes will the rights of its citizens. be hard to fill. But I can say without hesitation With the implementation of a primary re- A TRIBUTE TO JACK VALENTI that, in Jack Valenti’s case, this is an under- construction leader, an operative system of statement. In addition to his excellent work on justice, and an impartial government, post- HON. EDDIE BERNICE JOHNSON behalf of the movie industry, his influence has war countries can begin to rebuild more ef- OF TEXAS been felt far and wide—from the leaders of fectively. Though numerous others aspects will also dictate the ultimate success of the IN THE HOUSE OF REPRESENTATIVES nations abroad, to young generation here at process, these three areas will only benefit Thursday, June 24, 2004 home. the reconciliation. Assuredly reconstruc- Mr. Speaker, I would like this opportunity to tions will remain a part of society in the fu- Ms. EDDIE BERNICE JOHNSON of Texas. thank one of Texas’ favorite native sons, Jack ture because countries will continue to fight Mr. Speaker, it is an honor and a privilege for Valenti for his years of contributions and dedi- numerous wars and battles for years to me to pay tribute today to one of Texas’ favor- cated service to the industry and the Nation. come. Though conflicts will continue to ite native sons, Jack Valenti, the head of the I wish him well on his future endeavors. arise, mankind can learn from the past in Motion Picture Association of America (MPAA) f order to protect peace for the future. for 38 years, who announced that he plans to f retire in a few months. REVISING THE CONCURRENT RES- OLUTION ON THE BUDGET FOR IN MEMORY OF JACQUELINE Born in Houston, Texas, Mr. Valenti was the FISCAL YEAR 2005 AS IT APPLIES ALTMAN MALLORY youngest graduate from high school at age 15 in the city. He began work as an office boy IN THE HOUSE OF REPRESENTA- with the Humble Oil Company now Exxon lo- TIVES HON. JOHN L. MICA cated near my Congressional district. OF FLORIDA As a young pilot in the Army Air Corps in IN THE HOUSE OF REPRESENTATIVES HON. RON KIND World War II, Lieutenant Valenti flew 51 com- OF WISCONSIN Thursday, June 24, 2004 bat missions as the pilot-commander of a B– IN THE HOUSE OF REPRESENTATIVES Mr. MICA. Mr. Speaker, I would like to pay 25 attack bomber with the 12th Air Force in Thursday, June 24, 2004 tribute to a good friend, a community leader, Italy. He was decorated with the Distinguished a wonderful wife and mother, and devoted Flying Cross, the Air Medal with four clusters, Mr. KIND. Mr. Speaker, budgeting is all American, Jackie Mallory. the Distinguished Unit Citation with one clus- about priorities. I strongly believe that we can Jacqueline Altman Mallory of New Smyrna ter, the European Theater Ribbon with four invest in those priority programs important to Beach, Florida died June 23, 2004, in Port Or- battle stars. people in western Wisconsin and throughout ange, Florida. She was born in Homestead, He graduated with a B.A. from the Univer- the nation, while reducing the record deficits Florida on August 27, 1936. sity of Houston and from Harvard University that threaten our economic prosperity. She was a graduate of New Smyrna Beach with an M.B.A. In 1952, he co-founded the ad- As a member of the House Budget Com- Senior High School. She received a degree in vertising and political consulting agency of mittee, I worked with my colleagues to draft an

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.041 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1271 alternative budget proposal that would have impacts those with over $1 million in adjusted our corporate responsibility in this tragedy done just that. Our alternative provided impor- gross income. I know and work with many and I’m not talking about some fruitless and tant funding for chronically underfunded edu- business owners in western Wisconsin, and useless intellectual effort to assign guilt or blame. cation programs such as No Child Left Behind this resolution will provide more help to them The debate about who could have or should and IDEA. The federal government promised and their communities. have done what in 1964 could go on forever. that when these programs went into effect, it Mr. Speaker, we need a new approach to It’s a discussion that carries us no where— would provide funding to carry them out. help our local communities and this resolution there is no resolution. But that does not Under the President’s budget and the Major- provides important funding to meet critical pri- mean we can move on by ignoring where we ity’s budget, we are not meeting this promise, orities. I urge my colleagues to support the are in 2004. and it is hurting local school districts. Obey resolution. One fact is absolutely clear. Hear this: For Our alternative budget also provided in- 40 years, our state judicial system has al- f lowed murderers to roam our land. Night rid- creased funding to meet the demands on our RECOGNIZING AND ENCOURAGING ers, church burners, beaters and killers de- local first responders, provide more for vet- ALL AMERICANS TO OBSERVE serve no protection from sure justice. erans’ health care needs, and improve the Our district attorney, Mark Duncan, is 40TH ANNIVERSARY OF THE quality of life for our armed service members. elected by Neshoba citizens and those in four DEATHS OF ANDREW GOODMAN, Further, by making tough choices on spending adjoining counties. Jim Hood, our attorney JAMES CHANEY, AND MICHAEL and taxes, we provided more tax relief for mid- general, is elected by all Mississippians. Our SCHWERNER, CIVIL RIGHTS OR- dle income Americans while reducing the U.S. attorney, Dunn Lampton, is appointed GANIZERS by the president of the United States, an record federal budget deficits. We can do this election we all vote in. These are not weak, if we can work in a bipartisan manner. Unfor- SPEECH OF timid or cowardly men. They have all voiced tunately, the budget resolution narrowly their support for bringing charges with prov- passed by the House earlier this year failed to HON. BENNIE G. THOMPSON en evidence that will lead to a conviction. make these key investments while still leading OF MISSISSIPPI But our local responsibility for what hap- us down the road to the largest budget deficits IN THE HOUSE OF REPRESENTATIVES pens in the future is also heavy. Clearly, we in the history of our nation. Monday, June 21, 2004 need to encourage and support those pros- Today, we have been given the opportunity ecutors. But those of us with local roots Mr. THOMPSON of Mississippi. Mr. Speak- must do more. to address our budget shortfalls. The resolu- er, I would like to recognize the 40th anniver- By most accounts there were 20 men from tion offered by Congressman OBEY targets in- sary of the deaths of Mr. James Chaney, Mr. Neshoba and Lauderdale Counties involved creased funding toward ten top priority issues, Andrew Goodman, and Mr. Andrew in the planning and actual executions. A while providing $4.7 billion to reduce future Schwerner. I submit the following speech by number of them have taken to their grave their knowledge of this crime. They have al- taxes on our children resulting from the these former Mississippi Secretary of State Dick current budget deficits. ready had their judgment day. Others, how- Molpus published June 25, 2004, in the Clar- ever, certainly told wives, children and bud- The Obey resolution: ion-Ledger Newspaper of Jackson Mississippi. Restores funding for training and equipment dies of their involvement. To the families and friends of James So there must be witnesses among us who needs of state and local fire fighters, police, Chaney, Andrew Goodman and Mickey can share information with prosecutors. paramedics, public health officials, and emer- Schwerner we issue a heartfelt welcome. You Other murderers are aged and infirm and gency managers. and yours are forever linked with all of us. may want to be at peace with themselves Fully funds veterans medical care at levels We are honored today by your presence. and with God before their own deaths. They advocated by the bipartisan House Veterans Also, as I look across this audience I see need to be encouraged to come forward. Now Affairs Committee. Veterans organizations ex- people I know from across Mississippi and is the time to expose those dark secrets. pressed outrage at the inadequate healthcare the United States. I am lifted up by your When we have heard murderers brag about presence, as well. their killings but pretend those words were funding levels included in the Majority’s budg- This is an historic day for a number of rea- never spoken, when we know about evidence et. sons. First, we are seeing a remarkable dis- to help bring justice, but refuse to step for- Adds funding for military housing needs to play of unity and connection from the citi- ward and tell authorities what they need to help the families of our armed service mem- zens of Philadelphia and Neshoba County. In know ... that’s what makes us in 2004 guilty. bers. The Department of Defense notes that the June 2 edition of the Neshoba Democrat Pretending this didn’t happen makes us over 120,000 service members do not have I saw a picture of Leroy Clemons, president complicit. We must provide the help prosecu- decent housing. of the NAACP, with Jim Prince, editor of the tors need to bring closure to this case. Funds the No Child Left Behind program. Neshoba Democrat, saying clearly this com- But justice by itself is not enough. These Meets the minimum funding necessary to munity has come together and it was time three young men died while urging people to for the ‘‘sun to shine through the clouds.’’ vote and participate in our democracy. meet promises for special education. There is no doubt that the work of the James Chaney, Mickey Schwerner and Andy Increases Pell Grants to more closely re- Philadelphia Coalition is nothing short of a Goodman were American patriots. Their semble inflation increases, helping lower in- miracle. I watched with pride as Mayor Ray- murderers were domestic terrorists. come student afford college. burn Waddell of Philadelphia spoke for the The end of this saga, however, should not This is by no means unnecessary or waste- Philadelphia City Council in passing an un- be about cowardly racists finally brought to ful spending. It simply restores cuts to pro- equivocal resolution calling for justice and justice. The final chapter should be about re- grams important to the people of western Wis- as the Neshoba County Board of Supervisors, demption and about moving on—moving on consin and provides adequate levels of fund- led by James Young, issued their own clear to a better life. The most lasting tribute we call. The power of human understanding has can make to these fallen heroes is to move ing to meet government promises. been shown to us by the 30 individuals who on and to honor their cause. It is also fully paid for. As I mentioned ear- have met every Monday night for two This is 2004, not 1964. Many of the demons lier, budgeting is about tough choices, and in- months to plan this event and authored their we face today are similar to the ones 40 cluded in this resolution is a reasonable trade own eloquent and moving tribute to Messrs. years ago. True, African Americans have the off. In order to provide this important funding Chaney, Schwerner and Goodman. I am more right to vote, but too few of our citizens— for military service members, students, vet- proud of the leadership in my hometown black, white, Indian, Asian or Hispanic—use erans, and local first responders, the resolu- than at any time in my life. that right. Public schools were segregated in tion propose reducing future tax relief for I believe, however, until justice is done, we 1964. With the growth of segregation acad- are all at least somewhat complicit in those emies and white flight, many remain that those wealthiest Americans with over $1 mil- deaths. I recognize that only a handful of way now. Few politicians today use outright lion in annual adjusted gross income. The tax hate-filled men actually committed the mur- race-baiting, but we see the symbols some packages of 2001 and 2003 included enor- ders, but we are all, to some degree, impli- use and the phrases they utter and everyone mous benefits for the wealthiest 1 percent of cated. Some will say, ‘‘How can that be? Why knows what the code is—what really is being Americans. The Obey proposal will keep many can’t we just move on?’’ Most weren’t mem- said. of these tax provisions in place. In fact, those bers of the Klan, those of you under 40 In 1964 there was a dependence on low-wage with annual adjusted gross incomes over $1 weren’t even born and many of the baby- jobs in manufacturing plants. Forty years later, most of the plants are gone, but too million will still get around $24,000 in tax relief boomers, myself included, were teenagers. Many of our older citizens would never have many still scrape by on dead-end jobs to if this resolution is passed. ridden the dirt roads to terrorize and they make ends meet. Black, white and Choctaw Contrary to the rhetoric coming from the don’t condone murder. Indian communities here in Neshoba County other side, this will not hurt the vast majority But all us who are Neshoba Countians or and Mississippi struggle with the scourge of of small business owners. This resolution only Mississippians have to acknowledge and face school dropouts, teen pregnancy and drug

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.046 E25PT1 E1272 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 abuse that keep the cycle of poverty unbro- Mr. Speaker and Colleagues, please join us crimination. According to papers submitted in ken. To build a lasting monument to James in honor, gratitude and remembrance of Mayor court, female employees are paid less than Chaney, Michael Schwerner and Andrew Ralph S. Locher—An outstanding citizen, de- their male counterparts, promoted less fre- Goodman, we must face these issues with a clear, unblinking eye and say ‘‘no more.’’ voted husband, father, grandfather and quently than their male counterparts, and re- And finally, we Mississippians must an- greatgrandfather, and an exceptional man and taliated against when they complain. In today’s nounce to the world what we’ve learned in 40 caring leader whose life positively impacted workplace—all too often rife with employer years. We know today that our enemies are the lives of countless. We extend our deepest threats and intimidation—it takes a great deal not each other. Our real enemies are igno- condolences to Mayor Locher’s beloved wife, of courage from workers to stand up for their rance, illiteracy, poverty, racism, disease, Eleanor, his daughter, Virginia Wells, and his rights. So I rise to salute one of those work- unemployment, crime, the high dropout rate, grandson, and great-granddaughter. His pass- ers, a brave woman from my home district, teen pregnancy and lack of support for the ing marks a deep loss for so many of us who Betty Dukes of Pittsburg, California, one of public schools. We can defeat all those enemies not as di- called him friend. Mayor Locher’s flawless leg- the lead plaintiffs in this historic lawsuit. She vided people—black or white or Indian—but acy of exceptional leadership, judicial integrity has worked at Wal-Mart for ten years and sim- as a united force banded together by our and sincere concern for others will be remem- ply wants a fair opportunity to succeed. She is common humanity, by our own desire to lift bered always by the people of Cleveland—and now standing up for over a million other each other up. far beyond. Moreover, his kindness, grace, women who have punched the cash registers, Forty years from now, I want our children and quiet dignity will always serve as example stocked the shelves, and greeted customers and grandchildren to look back on us and for years without that opportunity. Her courage what we did and say that we had the cour- of a successful leader and more importantly— age, the wisdom and the strength to rise up, an exceptional human being. is to be commended. And I hail her as an to take the responsibility to right historical f American hero. wrongs—that we pledged to build a future to- [From the LA Times, June 24, 2004] gether, we moved on. Yes, we moved on as APPLAUDING BETTY DUKES FOR WAL-MART PLAINTIFF STILL LOVES THE one people. HER COURAGE IN STANDING UP STORE: WORKER WHO IS SPEARHEADING A Dick Molpus, a former secretary of state FOR WOMEN WORKERS AT WAL- LANDMARK GENDER BIAS SUIT SAYS SHE and gubernatorial candidate, owns the MART JUST WANTS A CHANCE TO ADVANCE Molpus Woodlands Group, a timberland in- (By Donna Horowitz, Eric Slater and Lee vestment company in Jackson. HON. GEORGE MILLER Romney) f Pittsburg, CA.—Less than 24 hours after a OF CALIFORNIA federal judge ruled that 1.5 million women IN HONOR AND REMEMBRANCE OF IN THE HOUSE OF REPRESENTATIVES who have worked for Wal-Mart could pursue FORMER CLEVELAND MAYOR Friday, June 25, 2004 a class-action gender discrimination suit, RALPH S. LOCHER the lead plaintiff in the case was back on the Mr. GEORGE MILLER of California. Mr. job here Wednesday nattily dressed, quick HON. DENNIS J. KUCINICH Speaker, last month, Vice President DICK CHE- with a smile and talking about how much NEY visited the corporate headquarters of Wal- she likes the company she’s suing. OF OHIO Mart and praised the company for the exam- All Betty Dukes wanted, the 10–year vet- IN THE HOUSE OF REPRESENTATIVES ple it is setting for American business. Here is eran of the company said, was ‘‘the oppor- Friday, June 25, 2004 the example that Wal-Mart has set for Amer- tunity to advance myself with Wal-Mart.’’ On Tuesday, U.S. District Judge Martin J. Mr. KUCINICH. Mr. Speaker, we rise today ican business: Jenkins in San Francisco ruled that the suit in honor and remembrance of former Cleve- If you violate workers’ organizing rights, you originally filed by Dukes and five other land Mayor Ralph S. Locher—Devoted family can get away with it, receiving just a slap on women could be expanded to virtually every man, accomplished attorney, Ohio Supreme the wrist from weak and ineffective federal woman who has worked at the world’s larg- Court justice, community leader, and admired labor laws. est company since late 1998. The suit alleges friend and mentor. Mr. Locher’s term as Mayor If you shift the cost of health care onto that Wal-Mart pays women less than men for of the City of Cleveland during a turbulent pe- workers who cannot afford it, you can increase performing the same job, passes over women riod of Cleveland’s history, solidified his rep- your profits and have taxpayer-funded pro- to promote less-qualified men and retaliates against women who complain. utation as a man of honesty, integrity and grams like SCHIP pick up the tab. The judge’s ruling set the stage for what heart. If you distrust your own workforce enough to could be the giant retailer’s greatest test Mayor Locher was born in Romania to disregard their safety, you can lock them in- ever. The sheer number of plaintiffs means American parents. His family left Europe to re- side your store overnight without a key. that a loss or even a settlement could cost turn to America, settling in western Ohio. If you want to increase the wealth of one of the company billions of dollars. Mayor Locher graduated from Bluffton College the wealthiest families in the world, you can As Dukes was receiving minor-celebrity in 1936 and graduated from Western Univer- maintain the lowest wages in the industry, lay- treatment from customers and co-workers— ‘‘Did you see my story in the paper today?’’ sity School of Law three years later. He prac- ing off your most senior and loyal employees she asked customers, holding up a copy of a ticed law in Cleveland with Davis & Young and replacing them with lower-paid entry-level local newspaper—officials from the Arkansas until 1945, when he left for Columbus to ac- workers. retail colossus emphasized that Tuesday’s cept the position of secretary of the Industrial If you want to eliminate competition in your ruling did not address the merits of the case Commission of Ohio. industry by lowering your wages and prices, and said it would do nothing to influence the His political career began in 1953, when you can force U.S. suppliers to outsource their company’s plans to expand in California and Mayor Locher was appointed by Cleveland manufacturing jobs, so that you can reap the elsewhere. Mayor Anthony Celebrezze as the city law di- benefit of cheap labor from countries with ‘‘It really doesn’t change anything,’’ said Robert McAdam, the firm’s vice president for rector. Mayor Locher did not seek elected of- even worse workers’ rights records than our state and local government relations. ‘‘Noth- fice—it sought him. In 1962, Mayor own. ing is different as it relates to our develop- Celebrezze resigned his post to accept an ap- All of these reprehensible labor practices ment plans or our prospects for growth in pointment by President John F. Kennedy, are detailed in the February 2004 report which the state.’’ which immediately plunged Mr. Locher into the I commissioned, ‘‘Everyday Low Wages: The The company has weathered a series of role as Mayor of Cleveland. Mayor Locher sig- Hidden Price We All Pay for Wal-Mart.’’ I urge high-profile tests, most recently in Inglewood, where Wal-Mart went so far as to nificantly trounced his opponent at the special Vice President CHENEY to read it. Today I submit to you, contrary to the Vice ask voters to allow a Supercenter in their election, and ran unopposed for a full term the community only to be rejected. At the same next year. President’s remarks, that the employees of time, other communities in the state have Following his departure from office, Mayor Wal-Mart are beginning to set an example for actively courted the retailer. Locher went on to be elected as probate judge American workers—by fighting back on behalf As Dukes smiled and welcomed customers in 1972. In 1976, Mayor Locher was elected of themselves and others who are unfairly to the store in this town of 48,000 about 40 as an Ohio Supreme Court justice, where he treated by their employer. This week, as the miles northeast of San Francisco, many of served until retiring from the bench in 1988. attached L.A. Times article explains, a judge the mixed emotions that Wal-Mart tends to evoke were in evidence around her. Mayor Locher served the bench with honor, in- in California certified the largest employment- Lorell Belarde, 39, seemed to embody the tegrity and concern, and garnered the admira- discrimination class action in history. A class dichotomy of some customers. tion and respect of everyone associated with of 1.5 million women who have worked at ‘‘I really don’t even like the store,’’ said the court. Wal-Mart are suing the retail giant for sex dis- the property manager after a short shopping

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.050 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1273 spree. ‘‘I don’t like the company. They don’t wages and prices—helped trigger the longest contest, festivities will include a community treat their employees right. They don’t even grocery store strike in Southern California ball, street parade, and nighttime fireworks treat the customer right. last year as some grocers sought wage and display over the Pacific. ‘‘But,’’ she added, ‘‘the price is reason- benefit concessions they said were needed to The weekend long celebration will draw over able.’’ compete with the Supercenters. Holly Hamilton pushed her shopping cart Although the company lost its Inglewood 250,000 spectators. People will swarm the through the parking lot looking not unlike battle, and as many California cities, includ- sand to see creations that will not last the next an ad for Wal-Mart. In her cart was almost ing Los Angeles, have passed ordinances that tide. In the spirit of ingenuity, modern marvels everything the 27-year-old nurse would need effectively ban such massive ‘‘box stores,’’ of dirt will be erected and destroyed in an for an upcoming camping trip: a fishing pole, the company has found open arms in many afternoon’s time. beach towels, food and bottled water, all other parts of the state. Some describe the For three days the sun will shine and the gathered at a single store for hard-to-beat Inglewood opposition, the lawsuit and other children will smile. The world will slow in this prices. attacks on the company as knee-jerk bash- corner of the country and we will celebrate the Like many customers outside the Pitts- ing of a successful corporation. burg store Wednesday, Hamilton did not In Gilroy, where the City Council voted 5 anniversary of a city, the essence of a nation. know about Tuesday’s ruling, but when told, to 2 in March to approve a Supercenter, Wal- We are a ‘‘can do’’ people, but that does not she expressed some concern and said she Mart proponents wrote off the news of the mean we should have to do it alone. might consider shopping elsewhere if a court lawsuit ruling as legal hullabaloo. My district is only 1 of 435, and so I ask my determined the company discriminated ‘‘Certification of a class-action suit is easy fellow Representatives in the House, what is against women. to do,’’ said Bill Lindsteadt, executive direc- your District doing this summer? Let us share During an afternoon break, Dukes, dressed tor of the Gilroy Economic Development in this most public of forums, that which unites in a black and tan outfit with a billowing red Corp., which embraces the new center. ‘‘It’s scarf, turned an upside down shopping cart frivolous. It’s another ploy by the unions to us as a country. into an impromptu chair. force Wal-Mart to become union.’’ We are each other’s neighbors and we ‘‘Wish you the best of luck, sweetie,’’ a While heated fights over proposed Super- should not let an opportunity to come together male customer called to Dukes in the store centers are playing out across the state, pass us by. The world will seem a smaller and parking lot. some observers say the company is facing in- safer place if we know what is happening in Dukes was hired at Wal-Mart a decade ago, creasing difficulties as it moves from rural our own backyards. with grand plans for a quick move up the and suburban markets into urban areas—and So as summer quickly comes to our coun- ladder into management. Instead, she says, that Tuesday’s ruling may increase opposi- tryside, let us give voice to our originality, and she was passed over for promotions repeat- tion. edly, as men with less experience landed the As Wal-Mart moves ‘‘from the suburban champion all that makes our society truly ex- job. fringe and really starts to look more in traordinary. But she makes $12.53 an hour—an increase urban areas . . . they’re encountering a dif- f of more than 25% in the three years since the ferent level of concern and opposition than lawsuit was filed, thanks to generous raises. they were when they were building out amid 40TH ANNIVERSARY OF THE DEDI- A volunteer minister, Dukes likes most of the strip malls,’’ said Amaha Kassa, co-direc- CATION OF THE TARAS her co-workers and bosses, who ‘‘respect my tor of the East Bay Alliance for a Sustain- SHEVCHENKO MONUMENT right to pursue this matter.’’ She likes most able Economy. ‘‘These kinds of issues of pay of the customers, most parts of the job. She equity and disparate treatment are very works at Wal-Mart and shops at Wal-Mart, much going to be issues of concern for urban HON. SANDER M. LEVIN and loves the prices. voters.’’ OF MICHIGAN ‘‘All we’re asking for is our day in court, f IN THE HOUSE OF REPRESENTATIVES and to let the evidence speak for itself.’’ Friday, June 25, 2004 The ruling, in which Jenkins said the ‘‘evi- RECOGNIZING SANDCASTLE DAYS dence raises an inference that Wal-Mart en- IN IMPERIAL BEACH, CALIFORNIA Mr. LEVIN. Mr. Speaker, on June 26, 2004, gages in discriminatory practices in com- the Ukrainian American community will be pensation and promotion that affect all celebrating the 40th jubilee commemoration of plaintiffs in a common manner,’’ however, is HON. SUSAN A. DAVIS the unveiling of the monument to Taras by no means the company’s first consider- OF CALIFORNIA Shevchenko, known as the bard of Ukraine for able trial. And even as the number of Wal- IN THE HOUSE OF REPRESENTATIVES Mart critics appears to be growing, so does his exquisite lyric poetry and numerous nov- the number of its defenders—and so does the Friday, June 25, 2004 els, as well as his many works of art. company’s reach. Mrs. DAVIS of California. Mr. Speaker, I rise Taras Shevchenko was born in the Kyiv re- One of the company’s previous blows came today to honor a country of patriots. A nation gion in 1814 to a childhood of servitude and in April, when Inglewood voters soundly de- entering a hot summer, full of turmoil and un- a life of hardship. He first worked as a feated a sweeping initiative that would have houseboy until his owner realized his artistic allowed the company to build a Supercenter certainty. the size of 17 football fields without going The coming three months will be marked by talent, after which he was apprenticed to a through the traditional layers of city bu- many significant world events; the transfer of painter. His freedom was purchased in 1838 reaucracy. sovereignty in Iraq, the Olympic games in by another painter who appreciated Mr. The company spent more than $1 million in Greece, an escalating November election at Shevchenko’s work. its failed effort to pass the initiative, buying home. An ardent champion of freedom and Ukrain- television commercials and handing out The world will spin a little faster this summer ian independence, Taras Shevchenko saw doughnuts, all for an election that drew just and to compensate we must all pull together George Washington as a symbol and liberator 12,000 voters. Opponents spent a fraction of of the American people from the colonial rule that amount and won the contest, about 7,000 as a nation. casting ballots against the proposal and 4,500 It is time for us to reconnect, to remind our- of a foreign power. Mr. Shevchenko’s works in favor. selves what it is that makes us uniquely Amer- played a key role in the awakening and drive The contest’s David vs. Goliath overtones ican. for national liberation of the Ukrainian people. rippled across the country. On paper, how- We are all neighbors, and that which divides In his poems, he attacked tyrants, oppressors ever, the defeat cost the company but a sin- us will never outshine that which unites us. and all enemies of human freedom and de- gle Supercenter. We are all neighbors, and for that reason I cency. And the company, which opened its first share with the community what is happening Mr. Shevchenko’s love of freedom and criti- Supercenter in the state this spring in La Quinta, southeast of Palm Springs, has plans in my yard this summer. cism of the czars resulted in his arrest in for 40 more across California, including In one month time the 28,000 residents of 1847. He was first sentenced to forced military stores in Stockton and Hemet expected to Imperial Beach, California will be holding their duty, and later imprisonment, where he re- open this year. city’s 48th birthday commemoration. mained in Russian custody until his release in The Supercenters are the company’s most Proudly anchored as the country’s most 1857, two years after the death of Czar Nich- controversial because of their size, averaging southwesterly city, this diverse seaside town is olas. He was arrested again in 1859 and re- 200,000 square feet, and the fact that they preparing to celebrate the same way it has for mained under police surveillance until his stock groceries. Wal-Mart pays its employees, male and fe- the past quarter-century. Come early July, the death in 1861. male, less than many other similar retail city of Imperial Beach will be holding its 24th Years of harsh punishment did nothing to outlets as well as grocery stores. The so- annual U.S. Open Sandcastle Competition. curtail his fight against the imperialist and co- called Wal-Mart effect—the company’s abil- For three days, creativity and civic pride will lonial occupation of his native land. Mr. ity to undercut competitors with its lower be honored. In addition to the sand-sculpting Shevchenko secretly produced numerous

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.054 E25PT1 E1274 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 works of poetry and art throughout his term of Blumenauer Flood Insurance Reform Act of long overdue for change. The Bunning-Bereu- imprisonment which inspired the Ukrainian 2004. This important piece of legislation not ter-Blumenauer Flood Insurance Reform Act of people. only reauthorizes the National Flood Insurance 2004 addresses the problem of repetitive loss Mr. Speaker, it is fitting that a statue hon- Program through September 30, 2008, but properties (buildings that flood regularly be- oring a man who fully embraced the ideals of also makes much-needed reforms that will cause of their location) and the threat such personal freedom and human dignity, corner- help the Federal Emergency Management properties pose to the ability of the NFIP to stones of our country, should stand in the Agency (FEMA) stem wasteful use of taxpayer meet obligations to policyholders without draw- United States. I congratulate the Ukrainian funds on properties that flood over and over ing on taxpayer funds. Repetitive loss prop- American community on celebrating the 40th again. erties are a problem in nearly every one of the anniversary of the dedication of the Taras By now most Members are well aware of fifty States and cost the NFIP approximately Shevchenko monument. the long road we have traveled in developing $200 million each year, which is an unaccept- f this legislation. After years’ worth of discus- able expense. One percent of all properties in sions with floodplain managers, taxpayer PROMOTING RESPONSIBLE INTER- the NFIP account for approximately 25 percent groups, environmental groups, insurance pro- ROGATION STANDARDS EN- to 30 percent of all the NFIP losses. Repetitive fessionals and the housing industry, the FORCEMENT ACT OF 2004 loss properties have for too long exhausted House Financial Services Committee passed the NFIP’s funds and subverted the original in- H.R. 253 by a unanimous, bipartisan vote on tent of the program. HON. JOHN CONYERS, JR. July 23, 2003. The bill was subsequently Despite the problems caused by repetitive OF MICHIGAN passed in the House by an overwhelming mar- flood loss properties, the NFIP is a program IN THE HOUSE OF REPRESENTATIVES gin on November 20, 2003. The National that provides important protections for home- Friday, June 25, 2004 Flood Insurance Program is now set to expire owners who live on the Nation’s floodplains. Mr. CONYERS. Mr. Speaker, today I am in- on June 30, 2004; it is critical that we act on Though most of these homes have never troducing the ‘‘Promoting Responsible Interro- this bill today. flooded, the NFIP is a vital safeguard with a gation Standards Enforcement Act of 2004’’ or Thanks to the hard work of my colleagues, proven record of success. These much-need- ‘‘PRISE Act,’’ legislation that reaffirms the there should be no doubt that this legislation ed reforms will enhance the program’s effec- United States’ longstanding commitment to re- will receive a favorable vote once again. The tiveness by requiring people living in flood frain from engaging in torture or cruel, inhu- Senate bill is, in most respects, identical to the prone areas to reduce their risk of flooding in man or degrading treatment or punishment. I one we passed here in the House. That bill, a way that is not punitive and which saves the am joined by Representatives LOFGREN, MEE- H.R. 253, authorized funds to address severe program and taxpayers money. This legislation HAN, WATERS and SANCHEZ. repetitive loss properties for both the existing should enjoy widespread bipartisan support in This nation’s foreign and military policies Flood Mitigation Assistance (FMA) program the Congress and will be welcomed by the have been substantially undermined as a re- and authorized a new pilot program to address people who work every day to control floods sult of the Iraqi prisoner and detainee abuse these properties. Under the House bill, this all across the country. scandals. The PRISE Act is designed to pre- trial pilot program addressed the properties in f vent similar abuses from occurring. In doing a simple, straightforward manner: the owner of so, the legislation takes several important a severe repetitive loss property would be TRIBUTE TO DR. C. VINCENT steps. charged a rate closer to the actuarial, risk- BAKEMAN First, it codifies the United States’ legal and based rates for their national flood insurance international treaty obligations with respect to policy if certain conditions were met. Safe- HON. BENNIE G. THOMPSON the prohibition on the use of torture or cruel, guards were built into the system to ensure OF MISSISSIPPI inhuman or degrading treatment or punish- that homeowners would be protected. Through IN THE HOUSE OF REPRESENTATIVES ment. Second, the bill directs the Secretary of our bill, the number of repetitive flood loss Friday, June 25, 2004 Defense to issue guidelines to ensure compli- properties would be decreased because ance with this obligation. Third, in the unfortu- FEMA would have the money and the means Mr. THOMPSON of Mississippi. Mr. Speak- nate event that a member of the Armed to take care of them. er, I would like to recognize the life and legacy Forces or Department of Defense contractor S. 2238 adds a title creating certain policy- Dr. C. Vincent Bakeman, a co-founder of the violates this prohibition, the bill requires the holder protections designed to ensure swift ac- Human Resources Development Institute, Inc. Defense Secretary to submit to Congress, in a tion for the payment of claims in the event of (HRDI), who devoted himself to improving our manner that protects national security, a report a flood. In addition, the Director of the Federal alcohol and chemical dependency treatment highlighting the details of such violations. Fi- Emergency Management Agency (FEMA) will systems. nally, it closes a loophole created by the PA- be tasked with promulgating regulations out- We are all aware of the national problem TRIOT Act that may allow torture at U.S. mili- lining an appeals process for policyholders that is especially acute in inner-city areas tary facilities overseas. with respect to claims, proofs of loss, and loss across this great Nation. The shortage of As we continue to define our values as a estimates related to flood insurance policies. healthcare professionals has left many under- country, we must make it abundantly clear that And at the request of FEMA, the Senate has served communities without access to we will not compromise our principles. The made minor changes regarding implementa- healthcare, placing low- and middle-income use of torture is not only wrong, but it is an in- tion of the flood mitigation programs originally families at even greater risk of suffering from effective interrogation tactic because it pro- set forth in the House bill. medical conditions and disorders that could be duces unreliable information. People who are On a personal note, perhaps the most ap- averted. being tortured will often lie to their interrogator propriate change made by the Senate was in True to its mission, HRDI has charted inno- in order to stop the pain. naming this legislation for Congressman DOUG vative healthcare solutions that continue to I am hopeful that Congress can move quick- BEREUTER, my good friend who is retiring from stabilize and strengthen families, neighbor- ly to enact this worthwhile and timely legisla- the House this year. This legislation is a testa- hoods and entire communities from Chicago to tion. ment to his hard work and to the dedication he Las Vegas to Indianola, Mississippi, and f has shown throughout his career to further the points in between. CORRECTING ENROLLMENT OF S. interests of not only his constituents but also Additionally, through his efforts to empower 2238, THE BUNNING-BEREUTER- the Nation as a whole and to the ideal of good those without healthcare, he formed partner- BLUMENAUER FLOOD INSUR- government. Congressman BEREUTER worked ships with area institutions of higher learning ANCE REFORM ACT OF 2004 tirelessly to craft this bill with Senators to assist residents in acquiring the necessary BUNNING and SARBANES as well as Ranking skills and training central to competing in this SPEECH OF Member FRANK and Representatives new age of information and technology. HON. MICHAEL G. OXLEY BLUMENAUER and BAKER. Mr. BAKER was also Many of our colleagues here in Congress particularly helpful in crafting this legislation have espoused the notion of expanding OF OHIO healthcare coverage. Dr. Bakeman lived it. IN THE HOUSE OF REPRESENTATIVES and in providing a voice for his constituents in Louisiana and other states particularly hard-hit It is through community efforts as dem- Monday, June 21, 2004 by repetitive flood losses. onstrated by Dr. Bakeman and HRDI that we Mr. OXLEY. Mr. Speaker, I rise today in It is important to note once again that the may be able to achieve a reality of accessible support of S. 2238, the Bunning-Bereuter- National Flood Insurance Program has been and affordable healthcare for all.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.057 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1275 During his thirty-plus years of service, Dr. Act—legislation that will help protect American efforts to stem the hemorrhaging of jobs from Bakeman touched the lives of many, proving workers who face job outsourcing. this country. that even the simplest ideas can make a big Every day, more Americans watch their jobs f difference. get shipped overseas. Jobs are disappearing I take great pride in commending the work from every sector of the economy—from high IN RECOGNITION OF THE UNITED of Dr. C. Vincent Bakeman and HRDI on a job tech call centers to health care workers—leav- NATIONS INTERNATIONAL DAY well done for more than 30 years. ing hundreds of thousands of families and IN SUPPORT OF VICTIMS OF TORTURE f their communities in the lurch. According to some estimates, 40 percent of IN HONOR AND REMEMBRANCE OF Fortune 1000 companies are currently using HON. SUSAN A. DAVIS JOHN J. BRENNAN some form of overseas outsourcing, and as OF CALIFORNIA many as 3.3 million jobs may be offshored in IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH the next 15 years. The latest study from Friday, June 25, 2004 OF OHIO Forrester Research finds that offshoring of IN THE HOUSE OF REPRESENTATIVES white-collar jobs is accelerating, with the num- Mrs. DAVIS of California. Mr. Speaker, I rise today in recognition of the United Nations Friday, June 25, 2004 ber of U.S. business service and software jobs moving overseas reaching 588,000 in 2005, International Day in Support of Victims of Tor- Mr. KUCINICH. Mr. Speaker, I rise today in up from 315,000 in 2003. By 2005, the total ture, and in support of a program in my district honor and remembrance of Mr. John J. Bren- loss of software programming, customer call- that provides critical healing services to San nan—Devoted father, grandfather, brother, center, and legal paperwork positions will hit Diegans who have fled torture and persecution and dear friend and mentor to countless indi- 830,000 jobs—an increase of 40 percent from in countries all over the world. viduals—family, friends and colleagues, whose this year. The greater San Diego area is home to an lives have been forever enriched for having The Jobs for America Act amends the estimated 11,000 survivors of politically moti- known and loved him well. My brother, Gary Worker Adjustment and Retraining Notification vated torture. They have come from more than Kucinich and I, are better people for having (WARN) Act to require companies to disclose 40 countries and endured unimaginable called John J. Brennan friend, and we share and report whenever they lay off workers to human rights abuses. They are not strangers in the deep sadness with his family and send jobs overseas. It would require that when or anonymous victims who we will never meet. friends in knowing that he left us far too soon. a company plans to lay off 15 or more workers They are our neighbors, our colleagues, the Mr. Brennan’s 25-year career as an investi- and send those jobs overseas, it must: families with which we attend religious serv- gator with the Cuyahoga County Department Inform affected workers, the Department of ices, and the children that attend schools with of Human Services Investigative Fraud Unit, Labor, State agencies responsible for helping our children. Torture survivors in San Diego reflected honesty, ethics, and the ability to see laid off employees, and local government offi- are strong, resilient, resourceful people who through the complex maze of layered cases cials; bring diversity to our city and have many tal- and get right to the heart of the matter. While Disclose how many jobs are affected, where ents and experiences to offer our community. growing up in Cleveland, Mr. Brennan’s par- the jobs are going, and why they are being Torture robs strong, healthy, productive peo- ents, the late Judge Hugh Brennan and Doro- offshored; and ple of their vitality, identity, and dignity, often thy Brennan, instilled within him a strong work Provide employees at least 3 months ad- in the prime of their lives. Political torture does ethic, dedication and perseverance, and above vance notice. not just randomly occur as an act of isolated all, they showed him the power of a giving and Also, the Jobs for America Act strengthens terror; it is a tool of oppression, a system of caring heart. A graduate of Holy Name High the WARN Act by: violence that targets people because of their School and John Carroll University, Mr. Bren- Requiring the Department of Labor to com- race, ethnicity, religion, social group, gender nan’s good natured and jovial spirit belied his pile statistics of offshored jobs and report or political affiliation. People are tortured be- strong intellect. He was quick to offer his as- them on an annual basis to the Congress and cause of who they are, what they believe and sistance to anyone in need, and his quick wit the public; what they represent. and kind words consistently uplifted the spirits Clarifying that WARN Act protections, in- Torture survivors in San Diego have been of others. cluding the 3 months advance notice, apply to tortured because as journalists they wrote the Mr. Speaker and Colleagues, please join me all cases where 50 or more workers are laid unwelcome truth, as attorneys they fought for in honor and remembrance of Mr. John J. off, regardless of the reason for the layoff; the legal rights of unpopular minorities, as Brennan, loving father of Colleen, Michael and and. community leaders they spoke up, organized Ann; devoted grandfather of Anthony and Ensuring effective remedies for workers who unions, or staffed clinics. Some requested the Romello; loving friend of Kathy Meyers; de- are injured by a company’s violation of the right to representation by their government, or voted brother of Thomas and Timothy, and WARN Act. the right to be autonomous when the govern- dear friend to many. Mr. Brennan will be deep- While companies export jobs overseas for ment failed to represent them. Others sought ly missed, yet today we celebrate his life, a life cheap labor, American workers deserve—at healthcare, believed in religions not ‘‘sanc- lived joyously. John J. Brennan embraced love an absolute minimum—the earliest warning of tioned’’ by the government, and rejected the and embraced life—and the love he gave to a job loss. In today’s economy, with massive conscription of children into militias. others will forever live on within the hearts and longterm unemployment, workers need as In San Diego, and in all places where they memories of all of us who knew and loved him much time as possible to begin looking for a seek safety and solace, torture survivors bear well. new job or begin retraining for a new career. out the consequences of the abuse they have May the road rise to meet you This bill will expand the amount of time avail- endured. Anxiety, depression, Post-traumatic May the wind be always at your back able to workers to adjust to the loss of a job. Stress Disorder, chronic pain, head injuries, May the sun shine warm upon your face It will also increase penalties on employers dental trauma, and nerve damage are all con- May the rain fall soft upon your fields who choose to ignore these simple require- sequences of torture. Though many torture And until we meet again survivors choose not to reveal the details of May God hold you in the palm of His hand ments, providing real make-whole remedies —Irish Proverb for workers who are injured by WARN viola- what they have endured, they never forget, tions, including consequential damages. and without appropriate care, most will not im- f Moreover, for the first time, the Secretary of prove. They re-live their suffering in night- INTRODUCING THE JOBS FOR Labor will be collecting and reporting large- mares, flashbacks and intrusive memories. AMERICA ACT scale data on offshore outsourcing. Such data Chronic physical pain, muscle weakness and collection will help us to better understand the an inability to trust, confide or relax are too HON. GEORGE MILLER scope and dynamics of this phenomenon and often daily reminders of the injuries they en- OF CALIFORNIA its threat to our standard of living, enabling us dured. IN THE HOUSE OF REPRESENTATIVES to craft more comprehensive solutions to the The consequences of torture are also a sig- problem. nificant public health concern. Not only do Friday, June 25, 2004 While this bill will not by itself solve the they impair the health of the person who was Mr. GEORGE MILLER of California. Mr. outsourcing problem, it does provide critical victimized, but they create anxiety, fear and Speaker, today I am joining with 25 of my col- tools—such as time and information—which depression among whole families and commu- leagues to introduce the Jobs for America will benefit both workers and Congress in their nities. The transgenerational effects of trauma

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.061 E25PT1 E1276 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 are well researched and well documented. Board of Governors. She loved living on cam- stances where equal access to a public facility The effects of torture will cascade down pus, showing visitors ‘‘her neighborhood’’ and had been denied. The lunch counter sit-ins through the generations and negatively affect interacting with the students. She took great and marches now had real effect in that the the mental health of the children and even pride in watching the election of the first federal government could intervene to ensure grandchildren of those who endure torture. woman Senator from Michigan, DEBBIE equal treatment in society, regardless of race The effects of torture will ripple through our STABENOW, and the first woman Governor, or other factors. cities weakening the ties that bind us together, Jennifer Granholm. Many of today’s leaders The language of ‘‘all deliberate speed’’ in and bolstering the barriers that keep us apart. count Mildred ‘‘Millie’’ Jeffrey as their mentor the Brown decision was given meaning, as the The consequences of torture represent a pub- and friend. I was personally enriched by her federal government now had the tools in Title lic health problem which only grow without example, her endless energy, and her friend- IV of the Act to end segregation in public care, and prevent hardworking, talented peo- ship. schools. The Civil Rights Act of 1964 would ple from being able to fully-integrated, produc- Mr. Speaker, I ask my colleagues to join me serve as strong legislative policy against dis- tive, participating members of our commu- in remembering Millie and her contributions to crimination in public schools and colleges be- nities. Michigan and our Nation. cause it stood on the shoulders of the pro- found Brown decision, in which Chief Justice I invite all of my colleagues and all Ameri- f cans to recommit themselves today, on the Warren, writing for a unanimous court, de- International Day in Support of Victims of Tor- HONORING THE 40TH ANNIVER- clared that ‘‘in the field of education, the doc- ture, and everyday to the eradication of the SARY OF PASSAGE OF THE CIVIL trine of ‘separate, but equal’ has no place.’’ More broadly, under Title V of the Civil use of torture throughout the world wherever it RIGHTS ACT OF 1964 Rights Act of 1964, the Commission on Civil may be used. The consequences of torture for SPEECH OF Rights, established in 1957, was provided with individuals, families and communities are far additional guidance in its charge to study, in- too heinous to not be condemned and spoken HON. JOHN CONYERS, JR. vestigate, and report on civil rights policy. against. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Title VI of the Act protects persons from dis- Today, I am happy to be able to commend crimination based on their race, color, or na- the important work and the successes of Sur- Wednesday, June 23, 2004 tional origin in programs and activities that re- vivors of Torture, International. This non-profit Mr. CONYERS. Mr. Speaker, I rise to recog- ceive federal financial assistance. This provi- organization, made up of concerned San nize and commemorate the 40th anniversary sion has been broadly used to ensure that en- Diegans has provided direct medical, mental of the Civil Rights Act of 1964. I commend my tities receiving federal funds cannot deny serv- health, legal and social services to more than colleague, Congresswoman ELEANOR HOLMES ice, provide different services, or segregate or 500 torture survivors in the greater San Diego NORTON, for authoring H. Res. 676 and ensur- separately treat individuals. area. Furthermore, this organization has ing that this Congress appropriately marks the The Title VII provision of the Act would grow worked to train hundreds of doctors, nurses, passage of the most comprehensive civil to become one of its most important and ex- attorneys, teachers, clergy, and mental health rights legislation in our Nation’s history. tensively utilized provisions. Going beyond its professionals to work with torture survivors as This year our Nation has honored and cele- impact in the racial and ethnic minority com- well. They have committed themselves to brated several extraordinary accomplishments munity, Title VII acknowledged that sex dis- building a San Diego where torture survivors that were born of the Civil Rights Movement. crimination in the workplace was a major prob- do not suffer in silence, but have access to Last month we observed the 50th anniversary lem and would be widely used to ensure pro- the assistance the need to become healthy, of the May 19, 1954, Brown v. Board of Edu- tections for women in the workplace. productive and self-sufficient Americans. cation decision. That landmark decision not The Equal Employment Opportunity Com- f only struck down the doctrine of ‘‘separate, but mission (EEOC), which was also created in the 1964 Act to serve as the premier vanguard HONORING THE LIFE OF MILDRED equal’’ and desegrated public schools. It ulti- of workplace discrimination, had its authority ‘‘MILLIE’’ JEFFREY mately led to the passage of key federal legis- lation that desegregated every segment of our enhanced with amendments in 1972 and society—the Civil Rights Act of 1964. 1991. HON. SANDER M. LEVIN In 1972, the EEOC was given the right to THE CIVIL RIGHTS ACT OF 1964 OF MICHIGAN sue non-government respondents and the fed- IN THE HOUSE OF REPRESENTATIVES In every real sense, the 1964 Act was a re- eral government, state and local governments, sponse to the Civil Rights Movement sweep- Friday, June 25, 2004 as well as educational institutions, were made ing the country. This Act could not have been subject to Title VII. The 1991 amendments al- Mr. LEVIN. Mr. Speaker, I rise today to achieved without the tireless effort of the lowed plaintiffs to recover fees and costs in honor the life and legacy of Mildred ‘‘Millie’’ great, civil rights leader, Dr. Martin Luther suits in which they prevailed, as well as enti- Jeffrey, a pioneer who was at the forefront of King, Jr. It was Dr. King that motivated hun- tled plaintiffs to recover compensatory and pu- our country’s most powerful social and political dreds of thousands of activists—of all colors— nitive damages in intentional employment dis- movements. Millie passed away in March, and to demand that this Nation realize equality for crimination suits. on Saturday she will be honored at her be- all. It was because of his leadership that the INJUSTICES REMAIN IN 2004 loved Wayne State University in Detroit. Civil Rights Act of 1964 was conceptualized Without doubt, substantial progress toward Millie once said, ‘‘the secret to change, that and implemented. equality has been made as a result of the pas- is change for the better, starts with involve- The Act, which was signed into law on July sage of the 1964 Act, but there remains sub- ment.’’ No one lived that mantra more than 2, 1964 by President Lyndon B. Johnson, es- stantial work. I can recount a list of sobering Millie. She was a powerful voice for our Na- tablished safeguards and legal remedies to statistics in the realm of employment, edu- tion’s workers, fighting for their right to orga- combat both the dejure and defacto discrimi- cation, healthcare, and the political process: nize and to ensure fair treatment in the work- nation that plagued minorities in almost every In terms of employment, the average white place. Millie marched in the South with Dr. aspect of their lives. woman earns only 73 cents for every dollar King, and trained other civil rights activists as First, and foremost, the Act moved to en- earned by the average white man. The aver- they worked to break down racial barriers. As sure an equal right to vote. The unequal appli- age African American woman earns just 63 a leading feminist, Millie worked tirelessly to cation of voter registration requirements that cents to every dollar earned by the average open the doors for equality of future women effectively disenfranchised millions of African- white man. leaders. She was the guiding force in the ef- Americans—poll taxes, literacy tests, grand- With regard to education, today, sadly, most fort to nominate Geraldine Ferraro as Walter father clauses—was deemed unlawful in Title schools have become resegregated. In the Mondale’s running mate in 1984. Four years I of the Act. This provision made state and 2001–2002 school year, the Civil Rights ago, President Clinton awarded Millie the local governments accountable to their citizens Project found that the average African Amer- Medal of Freedom, our Nation’s highest civil- and opened the path for equal political partici- ican attended a school where minorities ian honor. pation. formed almost 70 percent of the student body. The Reuther family brought Millie to Michi- Titles II and III of the Act created a federal The average Latino school child attended a gan, and it is the place she called home for remedy to fight discrimination in public accom- school that was 71 percent minority. By con- over 5 decades. Many people don’t know this, modations. Through these provisions, the At- trast, the average white student attended a but Millie was, in fact, an elected official in our torney General had the appropriate means to school where whites composed 79 percent of State, serving 16 years on the Wayne State obtain injunctive relief and bring suit in in- the student body.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.066 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1277 In the realm of healthcare, the disparities Habitat to help with land and infrastructure ex- HONORING THE LIFE OF MATTHEW are startling. Minority Americans are at least penses. In order to receive SHOP funds, the STEPANEK twice as likely as white Americans to be unin- recipients of a home from groups such as sured. More than 30 percent of Latinos and 20 Habitat must contribute a certain amount of HON. STENY H. HOYER percent of African Americans do not have physical labor to the home-building process, OF MARYLAND health insurance. also known as ‘‘sweat equity.’’ In FY 2004, the IN THE HOUSE OF REPRESENTATIVES Minorities remain disenfranchised from the political process. The precious right to vote Department of Housing and Urban Develop- Friday, June 25, 2004 was repeatedly violated in the much contested ment (HUD) for the first time interpreted the Mr. HOYER. Mr. Speaker, this June 22nd, a Presidential election of 2000. In the state of law to preclude the families who receive these courageous young man was taken from our Florida and at polling booths across the coun- homes from fulfilling their ‘‘sweat equity’’ re- midst. Thirteen-year-old Matthew Stepanek ty, a disproportionate number of people of quirements by working on program homes was full of life, happiness, and brilliance. color were excluded from the political process. other than their own. Mattie, as he liked to be called, had a life- In addition to the modern day disparities This new interpretation could cause prob- long struggle with muscular dystrophy, but that serve to undermine the Act, several Su- never let the disease curb his enthusiasm, nor lems for Habitat affiliates all over the country. preme Court decisions have whittled away at hinder his creativity. In 2001, Mattie coura- Habitat allows its home recipients to obtain its some of its key protections. In Alexander v. geously stated, ‘‘My life mission is to spread Sandoval, 532 U.S. 275 (2001), the Supreme ‘‘sweat equity’’ requirement by working on peace to the world.’’ Despite losing his battle Court held that there is no private right of ac- Habitat homes for others in the community, as with muscular dystrophy at such a young age, tion to enforce Title VI regulations forbidding well as their own home. H.R. 4363 makes the Mattie managed to spread happiness to the practices that have an unjustified discrimina- needed technical change to make sure that world through his poems. tory effect on the basis of race, national origin, Habitat and similar programs can continue to Mattie began writing poetry at age three to or color. Also, a dangerous precedent may promote homeownership. cope with the death of a brother. In his short have been set in Barnes v. Gorman, 536 U.S. life, this tireless young man wrote five volumes Furthermore, H.R. 4363 also contains a pro- 181 (2002), a case in which the Supreme of poetry that sold millions of copies. Three of vision which names the U.S. Department of Court held that punitive damages are unavail- the volumes reached the New York Times’ able for intentional violations of laws protecting Agriculture (USDA) Section 502 single-family best-seller list. those with disabilities. We must ensure that loan guarantee program after my friend and Mattie is survived by his loving mother Jeni, such punitive damages that are awarded for colleague, the distinguished gentleman from who first recognized Mattie’s talent and wrote intentional discrimination under Title VI and Nebraska (Mr. BEREUTER). This program, like down his poems for him. Unfortunately, Jeni Title VII are protected. We must also ensure Habitat, promotes the goal of homeownership also suffers from the adult-onset form of the that the true intent of the Act is adhered to. among those who might otherwise find it out disease. The disease also took the lives of his THE FUTURE OF THE 1964 ACT of reach. Those are precisely the people that two brothers and sister. Congresswoman NORTON’s resolution en- Mr. BEREUTER has spent his career serving, Mr. Speaker, today, I ask this House to cel- courages all Americans to recognize and cele- and this provision represents a small thank- ebrate and remember the life of Mattie Stepanek. He was a brave young man whose brate the important historical milestone of the you for those efforts. passage of the Civil Rights Act of 1964. How- genius impacted everyone who encountered ever, rather than engaging in mere self con- As many of you know, the distinguished him. His selflessness, courage, and talent are gratulation, we should recommit ourselves to gentleman from Nebraska (Mr. BEREUTER) is something we can all honor and admire. continuing and building on the progress cre- leaving the House at the end of August to be- f ated by the 1964 Act. We must pledge to ac- come the President of the Asia Foundation. HONORING CALIFORNIA ASSEM- knowledge and address the modern day dis- He was elected to the House in 1978 to rep- BLYMAN MERVYN DYMALLY parities that prevent the country from fully real- resent the constituents of the First District of izing the potential embodied in the Civil Rights Nebraska. Mr. BEREUTER has served on the HON. BARBARA LEE Act. I look forward to working with every Mem- House Financial Services Committee and its OF CALIFORNIA ber of Congress in doing just that in the predecessor, the House Banking Committee, months and years ahead. IN THE HOUSE OF REPRESENTATIVES since 1981. During his service on these com- f mittees, he has authored a number of signifi- Friday, June 25, 2004 HELPING HANDS FOR cant bipartisan bills which were enacted into Ms. LEE. Mr. Speaker, I rise today to honor HOMEOWNERSHIP ACT OF 2004 law. the historic achievements of California Assem- blyman Mervyn Dymally, on the occasion of One of his most successful legislative ac- SPEECH OF the thirty-year anniversary of his election as HON. MICHAEL G. OXLEY complishments is the USDA Section 502 sin- the first African American Lieutenant Governor gle-family loan guarantee program. This initia- in California and the United States. OF OHIO tive was enacted into law as part of the Cran- Assemblyman Dymally’s distinguished polit- IN THE HOUSE OF REPRESENTATIVES ston-Gonzalez National Affordable Housing ical career began in 1962 when he was elect- Monday, June 21, 2004 Act in 1990 and authorizes the Department of ed to the California State Assembly. After Mr. OXLEY. Mr. Speaker, I rise today to ex- Agriculture to guarantee a single-family loan serving for four years, in 1966 he became the press my support for H.R. 4363, the Helping made by a commercial lender to moderate-in- first African American to be elected to the Hands for Homeownership Act of 2004. This come families in small towns and rural areas California State Senate. Following his service bill will be considered under the suspension of where conventional mortgage financing may as a State Legislator, Dymally again made his- tory by becoming the first elected African the rules. This legislation passed the House not always be available. Financial Services Committee, by a unani- American Lieutenant Governor in 1974. mous bipartisan voice vote on June 3, 2004. Since the program’s creation in 1991, In 1980 Dymally ran for Congress rep- This legislation was introduced by the distin- 316,625 single-family loans have been guar- resenting South Los Angeles County, and be- guished gentleman from Wisconsin (Mr. anteed by the USDA. The State of Ohio has came the first foreign-born black to serve in GREEN). This bill will simply make a technical been a major beneficiary with 629 single-fam- the United States Congress. While serving in correction to the ‘‘Housing Opportunity Pro- ily loans valued at over $58 million having the 97th through 101st Congresses, he was gram Extension Act of 1996’’ to permit families been guaranteed in Ohio under this program Chair of the Congressional Black Caucus and who receive homes from groups such as Habi- so far this year. This program, like Mr. BEREU- of the Subcommittee on Africa within the Com- tat for Humanity (Habitat) to fulfill the ‘‘sweat mittee of Foreign Affairs. After retiring from TER’s legislative career, has been a huge suc- equity’’ requirement for receiving Self-Help Congress in 1992, he has served in numerous cess. Homeownership Opportunity Program (SHOP) academic positions and remained an active funds by helping to build other Habitat homes In conclusion, I want to urge your support participant in international affairs. In 2002 As- in the community, in addition to their own. for H.R. 4363. This bipartisan bill contains im- semblyman Dymally returned to the California In 1996, Congress created the SHOP, which portant provisions to promote homeownership. State legislature, where he currently rep- provides competitive grants for groups such as resents the fifty-second district.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.071 E25PT1 E1278 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 On June 24th, the Oakland Black Caucus PERSONAL EXPLANATION secure key economic development grants and honored the anniversary of Assemblyman coordinating visits by Cabinet officials and by Dymally’s historic election to the California HON. ADAM H. PUTNAM the President of the United States in the mid– Lieutenant Governorship. I would like to mark OF FLORIDA 1990’s. this occasion by commending the exceptional IN THE HOUSE OF REPRESENTATIVES As an extension of her proven commitment political achievements of Assemblyman Dym- to the Central Valley’s economic development, ally, and by recognizing the broader social and Friday, June 25, 2004 Ms. Sundstrom later accepted a position as historic implications of his extraordinary ca- Mr. PUTNAM. Mr. Speaker, as a result of Programs Coordinator with the U.S. Depart- reer. my participation in CODEL Hoekstra to Iraq, I ment of Agriculture’s Rural Development Of- By remaining committed to public service regret that I was not able to vote on the fol- fice in Visalia. In this capacity, she assisted and education throughout his life, Assembly- lowing bills on June 21, 2004 in the House of many struggling Valley communities in their ef- man Dymally has contributed enormously not Representatives, due to official business. If I forts to obtain grant funding, tax incentives, only to the State of California, but also to the had been present to vote, I would have voted and other forms of assistance necessary to global community. I want to express my deep in the following manner: combat the Valley’s persistent double-digit un- appreciation and respect for Assemblyman H. Res. 591.—Expressing the gratitude of employment. Many local leaders have praised Dymally and his relentless pursuit of equality the House of Representatives for the contribu- Ms. Sundstrom as an effective and invaluable and social justice for African Americans and tions made by America’s community banks to resource to the region. all people. the Nation’s economic well-being and pros- Christina Sundstrom’s retirement this week perity and the sense of the House of Rep- from the Department of Agriculture marks a f resentatives that a month should be des- significant loss for the San Joaquin Valley, ignated as ‘‘Community Banking Month’’—yes. which has come to rely on her as a one of its IN HONOR OF U.S. MARINE CORPS H.R. 4363.—Helping Hands for Homeowner- best and brightest advocates for positive LANCE CORPORAL RUSSELL ship Act of 2004 (Technical correction to the change. Mr. Speaker, I ask my colleagues to WHITE Housing Opportunity Extension Act relating to join me in recognizing the distinguished career the Habitat for Humanity Program)—yes. of Christina Sundstrom and her notable record H. Res. 660.—Congratulating Randy John- of service to our community on this special oc- HON. MICHAEL N. CASTLE son of the Arizona Diamondbacks on pitching casion. OF DELAWARE a perfect game on May 18, 2004—yes. f IN THE HOUSE OF REPRESENTATIVES f HONORING MERLE KILGORE Friday, June 25, 2004 A TRIBUTE TO CHRISTINA SUNDSTROM ON THE OCCASION HON. JIM McCRERY Mr. CASTLE. Mr. Speaker, I rise today in OF HER RETIREMENT honor of a brave young Marine who was acci- OF LOUISIANA dentally killed while performing guard duty at IN THE HOUSE OF REPRESENTATIVES Camp Bulldog, Bagram Air Base on Sunday, HON. CALVIN M. DOOLEY Friday, June 25, 2004 June 20, 2004. United States Marine Corps OF CALIFORNIA Lance Corporal Russell White was assigned to IN THE HOUSE OF REPRESENTATIVES Mr. McCRERY. Mr. Speaker, I rise this evening to honor a living legend in the world the 3rd Battalion, 6th Marine Regiment, based Friday, June 25, 2004 in Camp Lejeune, North Carolina and was part of country music, who also happens to be a Mr. DOOLEY of California. Mr. Speaker, I of a brave unit sent to Afghanistan to track fellow citizen of the great state of Louisiana. rise today to congratulate Christina Sundstrom down Osama bid Laden. From singer to songwriter and manager to at the conclusion of a remarkable career in actor, Merle Kilgore has been involved in Lance Corporal White was a Sussex County public service in California’s San Joaquin Val- every conceivable facet of modern show busi- native, attended Indian River High School in ley. After many years dedicated to improving ness. Throughout his entertainment career, he Frankford, Delaware, where he played football, the Valley’s rural communities, Ms. Sundstrom has been unique for the breadth of his enter- and enjoyed hunting, skiing and the outdoors. is retiring from her position as Director of Em- tainment experience and unsurpassed in his He hoped one day to run his father’s home powerment Programs for the USDA Rural De- talent. It is the lifelong achievements of such building business and make Sussex County velopment office in Visalia, California, the cap- a great man that I wish to honor here tonight. his permanent home. His family and friends stone of a distinguished career. Merle Kilgore was born Wyatt Merle Kilgore describe him as loyal, determined, ambitious Ms. Sundstrom began her career in public on August 9, 1934 in Chickasha, Oklahoma. and fiercely passionate about defending the service working for the Army National Training His family moved to Shreveport, Louisiana be- security of our nation. When terrorists struck Center at Fort Irwin in Barstow, California. fore he began school. He attended Byrd High our great nation on that fateful day in 2001, After several years spent raising a family in School in Shreveport and later attended col- Russell White was only in high school, yet felt Los Angeles, Ms. Sundstrom devoted a signifi- lege at Louisiana Tech in Ruston. determined to help. He eventually joined the cant portion of her career to helping retirees He first became involved with music at the Marine Corps where the values he held true and disabled citizens in the Social Security young age of 14, carrying the guitar of another were exemplified in his brave service in Oper- Administration office in Visalia. In this role she famous country musician, Hank Williams, Sr., ation Enduring Freedom. became intimately familiar with the needs of at the famous Louisiana Hayride. Just two Lance Corporal White chose the daily rigors our vibrant, yet economically challenged re- years later, in 1950, he began his show busi- of military service because he valued the well- gion. ness career, performing at the Louisiana Hay- being of others. And he felt that by working to Christina Sundstrom’s tireless dedication to ride at just 16. track down the terrorists who were responsible serving the Central Valley’s families and her His first job was as a Disc Jockey at a radio for killing so many Americans, he would be efforts to improve the Valley’s communities station in Ruston, Louisiana and in 1953, he able to contribute to our nation. That is an ex- earned her the respect of her peers in state even hosted his own television and radio show tremely brave attitude for a young man of only and federal agencies and made her a key as ‘‘The Tall Texan’’. 19 years of age. His friend Matthew Mitchell community leader in the region. I was fortu- Merle made his songwriting debut when he remarked, ‘‘He was proud of himself and we nate to have her join my Congressional staff wrote his first number one hit, ‘‘More and were proud of him. He’s braver than any of after my election in 1990 as my District Direc- More,’’ in 1953; he was just 18 years old. The us.’’ What a true statement that is. Lance Cor- tor. Over the next seven years, Ms. song was recorded by Webb Pierce and be- poral White will be missed tremendously by Sundstrom excelled as my representative in came a million-seller in 1954. His success as his family and friends, who will remember a the district and as a skilled liaison between a songwriter seemed to be assured by the courageous, young man who willingly took on state and federal agencies, community groups, popularity of his first song, but he was far from the role of a U.S. soldier during a time of war. and constituencies. As my District Director, finished. Mr. Speaker, it is my sincere privilege to Ms. Sundstrom played a significant role in pro- Surpassing his own songwriting accomplish- honor the life of a proud Marine and heroic viding relief to many Valley agricultural com- ments seemed to be another of Merle’s tal- representative of the State of Delaware. Lance munities following a crop freeze in the early ents. Not long after writing ‘‘More and More’’, Corporal White deserves our gratitude and re- 1990’s. She played a key role in addressing Merle wrote the 10 million-seller ‘‘Wolverton spect. this region’s compelling needs by helping to Mountain’’, which was recorded by Claude

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.075 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1279 King. Still not satisfied, he and June Carter ican country music. Mr. Merle Kilgore has con- local development districts and other non-profit Cash wrote the country music hit ‘Ring of sistently outperformed and exceeded even his organizations bring project ideas and priorities Fire,’ which was recorded by Johnny Cash own high achievements. I join all of his fans to the Commission from the local level. Be- and sold more than 16 million records. To this around the world in saying ‘‘Thank You’’ for cause local plans are approved by the state, day, Merle Kilgore has continued to be a pro- sharing his incredible talent with all of us and no state would have mandates thrust upon it lific songwriter, cataloging more than 300 wish him many more years of health, happi- from outside. songs and selling almost 50 million records. ness, and continued success. Whether the need is new irrigation systems He recorded his first top 10 record in 1959, f for agriculture, land and forestry conservation the self penned ‘‘Dear Mama’’, while he was to maintain productive traditional uses, invest- a DJ and the manager of a radio station in NORTHEAST REGIONAL ment in our fishing infrastructure, new roads, Louisiana. In his signature style of never being DEVELOPMENT COMMISSION or health care facilities—a Federal commission satisfied with just one big hit, Merle added the can play a key role in investing in our econ- records ‘‘Love has made you beautiful,’’ ‘‘42 in HON. MICHAEL H. MICHAUD omy. Our region needs this kind of investment. Chicago,’’ and ‘‘Fast Talking Louisiana Man’’ OF MAINE Already, the interest that this proposal has among others to his already impressive collec- IN THE HOUSE OF REPRESENTATIVES generated among many diverse groups has tion of songs and records. Merle’s favorite Friday, June 25, 2004 been a step in the right direction, as it has record, entitled ‘‘Mr. Garfield’’ by Merle Kilgore Mr. MICHAUD. Mr. Speaker, I rise today to helped to bring people together from many dif- and Friends was recorded with longtime introduce a bill I authored that will create the ferent sectors to think creatively, construc- friends and fellow country music legends Hank Northeast Regional Development Commission. tively, and cooperatively about our future. We Williams, Jr. and Johnny Cash. The Commission would be charged with in- are off to a good start, and now there is a lot As if his accomplishments in recording and vesting federal resources for economic devel- more work to be done. songwriting were not enough, Merle Kilgore’s opment and job creation in the most dis- f talents in the entertainment industry extend tressed areas of Maine, New Hampshire, HONORING JOSEPH A. PICHLER ON even further. As an actor, he has appeared in Vermont and New York. HIS RETIREMENT FROM THE the box office hits ‘‘Coal Miner’s Daughter,’’ This is an idea whose time has come. Its KROGER COMPANY Robert Altman’s ‘‘Nashville,’’ ‘‘W.W. and the roots can be traced as far back as 1965, when Dixie Dance Kings,’’ ‘‘Roadie,’’ and the CBS– Congress approved the creation of the Appa- HON. ROB PORTMAN TV movie, ‘‘Willa.’’ He also played himself in lachian Regional Commission (ARC). This NBC-Telecom’s Living Proof, the life story of OF OHIO unique Federal-State partnership was charged IN THE HOUSE OF REPRESENTATIVES Hank Williams, Jr. with promoting development in the depressed While lesser men would have been satisfied Appalachian area through regional planning, Friday, June 25, 2004 with such an impressive list of lifetime accom- technical assistance, and funding of projects Mr. PORTMAN. Mr. Speaker, I rise today to plishments, Merle Kilgore went further. In aimed at encouraging economic prosperity. honor a friend and constituent, Joseph A. 1962, Merle moved to Nashville to open and It was a bold idea, and it worked. According Pichler, who retired on June 24, 2004 as manage the Nashville branch of the pres- to the National Association of Development Chairman of the Board of The Kroger Com- tigious Shapiro Bernstein and Al Gallico music Organizations, since its creation, the ARC has pany, which is headquartered in my hometown publishing companies. He became the general reduced the number of distressed counties in of Cincinnati. He has been an exemplary lead- manager of Hank Williams, Jr.’s music pub- their region from 219 to 100. It has cut the er in academia, business and our community. lishing companies in 1969 and on April 7, poverty rate from 31 percent to 15 percent, After earning an undergraduate degree from 1986 was named Executive Vice President and helped 1,400 businesses create 26,000 Notre Dame and a Master’s and Ph.D. from and head of management of Hank Williams, new jobs in the region since 1977. the University of Chicago, Joe taught for 15 Jr. Enterprises. Merle Kilgore has been affili- With a record like that, other regions began years at the University of Kansas School of ated with Hank Williams, Jr. for more than 30 to look at this model, and realize that they Business, and served as Dean for six years. years and has served as his personal man- needed the same thing in their own area. Over From 1968 to 1970, he was Special Assistant ager for the last 16 years. the past decade, this has led to the creation to the U.S. Department of Labor’s Assistant The management experience and leader- of three additional commissions and proposals Secretary for Manpower. ship of Merle have been tested and proven in for two more. Joe has had a truly extraordinary business a number of successful business ventures and When I arrived in Congress and saw these career, bringing energy, hard work and leader- industry leadership positions. He has been in- proposals, it became clear that other regions ship to every assignment. Before his election volved as Vice President of the Country Music were catching on to a good idea, but that the as Kroger’s Chairman, Joe served the com- Association and has served on that organiza- Northeast could be missing the boat. There is pany as Chief Executive Officer; President and tion’s Board of Directors for the last fourteen currently no single body focused on the need Chief Operating Officer; and Executive Vice years. He has been the President of both the for jobs and economic development in the President. Joe joined Dillon Companies in Nashville Songwriter’s Foundation and the Northeast region. 1980 as Executive Vice President, and was Nashville Songwriter’s Association Inter- The Northeast has a clear, compelling case elected to Kroger’s Board of Directors when national; a fitting position for an individual of for coordinated federal investment. Compared Dillon merged with Kroger in 1983. his talent. to the counties of some of the other regions Joe has pursued community service in our Merle Kilgore’s outstanding accomplish- that have an existing or proposed commission, area with equal enthusiasm. He heads the ments have not gone unnoticed. In 1987, he a sample of Northeast counties along the Cincinnati Center City Development Corpora- was named as an honorary State Senator for Northern border showed higher unemploy- tion’s (3CDC) working group that created a the State of Tennessee. He was selected by ment, much higher outmigration, and ex- new development strategy for Cincinnati’s his fellow entertainers as Country Music Asso- tremely similar, and low, household income. Washington Park area. For many years, Joe ciation’s first ever Manager of the Year in All of these measures were far worse than the and his wife, Susan, have volunteered in the 1990. Three years later, in 1993, Merle was national average. historic Over-the-Rhine neighborhood near inducted into the Louisiana State Hall of Fame Creating a regional commission would give Kroger’s headquarters building, and we in Lafayette and was also inducted into the us the chance to look at economic develop- worked together on the new National Under- Shreveport’s Byrd High School Hall of Fame. ment in a whole new way: as a challenge that ground Railroad Freedom Center. In 1998, Merle received the Legendary Song- we can tackle together as a region. Together Last year, Joe asked me to help craft a leg- writer’s Award from the North American Coun- we all face declining natural resource indus- islative solution that would allow Cincinnati’s try Music Association and was inducted into tries, aging infrastructure, and youth who are ‘‘One Stop’’ Employment Center to continue the Nashville Songwriters’ Hall of Fame. leaving to seek opportunity elsewhere. But to- serving clients in the Over-the-Rhine area. Merle continues to direct the operations of gether, we also still possess abundant re- Since then, other Ohio counties have received Hank Williams, Jr. Enterprises in Paris, Ten- sources, a good geographic location with op- similar legislative assistance. Joe’s role in nessee and Merle Kilgore Management in portunities to ship our products to the world, keeping these key job training facilities open Nashville. and a trained workforce that is ready to take cannot be overstated. Mr. Speaker, I am honored to have the op- on new challenges. All of us in Cincinnati congratulate Joe on portunity to pay tribute to a living legend in The Commission created in my bill would his retirement from Kroger and wish him the American entertainment and an icon of Amer- utilize the successful ARC approach where best in the new challenges ahead.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.079 E25PT1 E1280 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 HONORING 40TH ANNIVERSARY OF It was on February 10, 1964 that Congress sentiment of our nation. By passing this reso- PASSAGE OF CIVIL RIGHTS ACT finally passed an unprecedented and highly lution we continue to commemorate their OF 1964 contentious bill to support and protect the civil struggle, our struggle. liberties and rights of all people. It is the ultimate sacrifice of individuals like SPEECH OF The Civil Rights Act of 1964 in many ways Dr. Martin Luther Ling Jr., from which we all HON. BARBARA LEE turned a new page on the history of our na- benefit. OF CALIFORNIA tion, and all people, regardless of race, class We must honor their memory by continuing IN THE HOUSE OF REPRESENTATIVES or gender, were acknowledged as equal citi- to work to realize their vision. zens of our nation. And today we will honor their memory by Wednesday, June 23, 2004 Signed into law on July 2, 1964, the Civil passing this resolution. Ms. LEE. Mr. Speaker, I rise in strong sup- Rights Act of 1964 outlawed segregation in f port of this resolution. businesses such as theaters, restaurants, and First, I would like to thank the gentlewoman hotels. RECOGNIZING THE EIGHTIETH from the District of Columbia, Ms. NORTON, for It banned discriminatory practices in em- BIRTHDAY OF GOVERNOR PHIL introducing House Resolution 676, which rec- ployment and ended segregation in public HOFF ognizes and honors the 40th anniversary of places such as swimming pools, libraries, and congressional passage of the Civil Rights Act other public facilities. HON. BERNARD SANDERS of 1964, and for her work in getting this bill on And while it is often misconceived that the OF VERMONT the House floor today. Civil Rights Act only affected the lives of Black IN THE HOUSE OF REPRESENTATIVES H. Res. 676 recognizes the advancements Americans in the 1960s, this landmark legisla- we have made in the 40 years since the Civil tion also protected the rights of women for the Friday, June 25, 2004 Rights Act was passed, and reaffirms the work first time in history. Mr. SANDERS. Mr. Speaker, it is a very we need to do, not only to retain what But as we all know, by itself the legislation great personal pleasure to extend best wishes progress has been made, but also to continue could not transform the hearts and minds of on his eightieth birthday to Governor Philip H. to move toward greater social existence and those who truly believed in segregation. Only Hoff of Vermont. inclusion. time could truly do that. During my own years of service to Vermont, But I want to take a step back for a moment Yet the injustices that Blacks and other mi- I have found no finer example, no better coun- and trace some of the history that led up to norities faced with the tacit approval of the selor, no more steadfast friend, than Phil Hoff, the passage of the Civil Rights Act. government were finally over. the Governor of Vermont from 1962 to 1969. Many of us can remember what it was like But today our March, our struggle, and our Educated at Williams College and Cornell in America back in the tumultuous era of the cause are not over. University, Phil Hoff ran for Governor of 1960’s. It was a time of social unrest marked Today we are still attempting to understand Vermont in 1962. His was an uphill battle: Al- by riots and protests across the country. and counteract the ramifications of the phys- though Democrat William Meyer had been Growing up in this era, we were all galva- ical and mental enslavement which our ances- elected to one term in the U.S. House in 1958, nized by the passion and commitment of our tors were subjected to. no Democrat had won the governorship in the civil rights leaders who worked to end Amer- Profound inequalities remain imbedded in state of Vermont since before the Civil War. ica’s immoral practice of discrimination. American society. Vermont was steadfastly, resolutely, a one- The 1960’s and the decades preceding For example, black women are less likely to party state, even resisting national plebiscites were marked by unprecedented resistance to have breast cancer, but are more likely to die for Democratic candidates, standing alone with racial segregation and discrimination captured from this terrible disease because of the dis- Utah in voting for William Taft in the Woodrow by the ‘freedom rides’ throughout the south, crepancies in our health care system. Wilson victory in 1912, alone with Maine in the the Lunch counter sit-ins, forced school inte- And according to the AFL–CIO, the average Franklin Delano Roosevelt landslide in 1936. gration in segregated schools, Supreme Court 25-year-old working woman will lose more With energy, vision and a great personal cases challenging Jim Crow practices and the than $523,000 due to unequal pay during her warmth that touched voters deeply, Phil Hoff individual stances that our parents took at working life. boldly took a simple message to Vermont’s their jobs and in their neighborhoods. Facts such as these indicate that our work citizens: It was time for a change. And people Here in Washington, A. Phillip Randolph is far from complete. listened, and agreed. Phil Hoff was elected Our Nation’s capital, the icon of our collec- and Bayard Rustin, along with a young activist Governor of Vermont in 1962 by defeating the tive American legacy pays sparse tribute to from Georgia by the name of JOHN LEWIS, co- incumbent chief executive, F. Ray Keyser Jr. the African forefathers of this country and our ordinated and organized a non-violent march His vigor was put in service of his dual linked Civil Rights leaders. on Washington on August 28, 1963 bringing commitments, to social justice and to making Despite the fact that this country was built more than 200,000 people to the Nation’s those changes that would bring it about. Dur- on the backs of slaves, there are few com- Capital to hear Dr. Martin Luther King Jr., and ing the next six years, everything in Vermont memorative statues or paintings that dem- other speakers and to demand the dignity, jus- was changed, opened up, made more respon- tice, and jobs that were promised by the gov- onstrate as much. Perhaps most glaringly, there is still no na- sive to the people, reshaped in the visionary ernment, and to have their economic and polit- tional memorial dedicated to Dr. Martin Luther spirit of those exciting times of growth and re- ical concerns heard. newed democracy. With Phil Hoff as governor, To be Black in America at the time meant King, Jr. on our National Mall. And in this day and age, it is even more im- it seemed anything was possible: Stale tradi- you had no voice in the government, could not portant that we continue to fight for our civil tion, entrenched power, historical limitations, attend good schools, could not get good jobs, right and civil liberties, especially in light of the all gave way to the bold vision and active in- and in short, could not live a free life. volvement of this remarkable human being. For over 100 years after slavery was abol- Patriot Act. The resolution we are discussing today not While we have many differences, many dif- ished, Blacks and other minority groups were only recognizes how far our country has come ferent points of view, in our state, for many relegated to second class citizenship. along, but it also praises the sweat and blood years Vermont has been to people all over And because of all these facts, the March that was sacrificed to make sure that we got America a beacon for what politics can be. on Washington was nothing short of revolu- here. Here, ideological conservatism does not rule, tionary in the precedent it set as the culmina- This commemorative resolution is a testa- nor narrow self-interest, nor recriminations of tion of a national social movement. ment to the shift in this country toward the one group against another. Our political fig- But the real test of the movement was spirit of inclusion and equality. ures far more often than not speak out on the whether it could accomplish change. It also reminds us of how much we have left side of justice and fairness. That is the legacy As Bayard Rustin wrote of the March in his to do. of Phil Hoff, who not only governed our state magazine, Liberation in 1963: Our great society is highly regarded around but left a legacy that ever afterwards politics ‘‘What counted most at the Lincoln Memo- the globe because of our laws, which ensure would be about inclusion and not exclusion, rial was not the speeches, eloquent as they were, but the pledge of a quarter million the integrity of our constitution and perpetuate about moving confidently into the future rather Americans, black and white, to carry the the belief that all men and women are created than cowering in the shadow of the past. civil rights revolution into the streets. Our equal. Phil Hoff kept up an active life in the public task is now to fulfill this pledge through The legacies of those who marched, pro- sector, serving in more recent years as a nonviolent uprisings in hundreds of cities.’’ tested, and died for our cause capture the true Vermont State Senator, as a Trustee and

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.084 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1281 President of Vermont Law School, as Chair- of the IGRA, it is unfair to the many tribes that be strange not seeing him at the organ lead- person of Vermont Advisory Committee of abide by the rules and work hard in remote lo- ing the church choir but all of us in North Ala- U.S. Commission on Civil Rights. His greatest cations to provide economic benefits to their bama are fortunate to have known Ken and honors have come not from institutions, cor- members. Allowing any tribe to circumvent the have him as a member of our community. Mr. porations, bureaucracies, but from the place intent of the IGRA and randomly select the Speaker, I rise today to congratulate Ken held for him in the hearts of his fellow citizens. most economically advantageous lands should Turvey on his wonderful service to First United Deeply honored and revered by all in not be an option. Methodist Church and wish him the very best Vermont, Phil Hoff remains accessible and f for a well-deserved rest. warm, a good neighbor, a good friend, a f model citizen, to thousands and thousands of CONGRATULATING THE INTERIM Vermonters. GOVERNMENT OF IRAQ CONTRIBUTIONS OF DR. J. ROBERT On my own behalf and on behalf of the en- BEYSTER tire state of Vermont, Let me conclude by HON. EARL BLUMENAUER wishing Phil Hoff, our finest public citizen, our OF OREGON HON. DUNCAN HUNTER model of what a human being can and should IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA be, a very, very happy eightieth birthday. Phil, Thursday, June 24, 2004 IN THE HOUSE OF REPRESENTATIVES the nation, as well as Vermont, is proud of Friday, June 25, 2004 you. Mr. BLUMENAUER. Mr. Speaker, it is a bit f surreal for Congress to pass a Resolution con- Mr. HUNTER. Mr. Speaker, I rise today to gratulating a peaceful Iraqi transition on one of recognize the contributions of Dr. J. Robert INTRODUCTION OF LEGISLATION the bloodiest days of the insurgency move- Beyster, the founder of Science Applications TO STOP FORUM SHOPPING BY ment. This Resolution seems more an exer- International Corporation (SAIC). Thirty-five NATIVE AMERICAN TRIBES cise in self deception. I am hopeful that in the years ago, Bob Beyster and a small group of coming days, Congress and this administration scientists founded SAIC in my home town of will focus instead on how to stem the violence San Diego. During this 35th anniversary, I HON. CHRISTOPHER JOHN that continues to escalate, and to address the would like to recognize Bob for his accom- OF LOUISIANA deep questions about our policies and man- plishments in creating and leading a company IN THE HOUSE OF REPRESENTATIVES agement. dedicated to helping the United States govern- Congressional oversight is needed to exam- ment protect and serve its people. Friday, June 25, 2004 ine the long term costs and consequences, Today, SAIC is one of the nation’s top fed- Mr. JOHN. Mr. Speaker, I rise today to intro- and to determine what went wrong and how to eral prime contractors. One unique aspect of duce The Stop Forum Shopping Act of 2004. fix it. It is critical to improving the safety of our this corporation is the fact that it is truly ‘‘em- The trend of forum shopping by Native Amer- soldiers and the people of Iraq who are strug- ployee-owned.’’ Dr. Beyster believed strongly ican Tribes for the ideal venue to locate a ca- gling to rebuild their country. that ‘‘those who helped him build the company sino has become quite troubling. Tribes with Until we can be honest with our soldiers, the should own the company.’’ Most of the 40,000 no connection to lands, sometimes hundreds American public and the Iraqi people I think it plus employees currently own SAIC stock. of miles from their home area, are seeking to is decidedly inappropriate to continue with res- SAIC has always worked with the U.S. Gov- place these lands into trust solely for gaming olutions of this nature. ernment, and has played a key role in our na- purposes. Today, I urge my colleagues to join f tional security by providing systems engineer- me in curbing this trend by amending the In- ing and integration support for our Armed dian Gaming Regulatory Act (IGRA) to define A TRIBUTE TO KENNETH V. Forces and allied powers. In addition, SAIC ambiguous language and clearly reflect the in- TURVEY serves 12 of 13 Cabinet-level U.S. civilian tent of the law. agencies and has supported all 22 agencies of Recent events in my home state of Lou- HON. ROBERT E. (BUD) CRAMER JR. the newly created Department of Homeland isiana best illustrate the need for these defini- OF ALABAMA Security. tions. A Tribe that has been federally recog- IN THE HOUSE OF REPRESENTATIVES In the aftermath of September 11, it pro- nized since 1995 has only recently sought to vided wide-ranging support in New York City Friday, June 25, 2004 obtain their ‘‘initial reservation’’ on lands over and Washington, D.C., and for military and one hundred miles from their historical lands. Mr. CRAMER. Mr. Speaker, I rise today to government agencies. Today, SAIC support They have also secured distant land for a ca- recognize my friend, Kenneth V. Turvey, who helps safeguard the nation’s critical infrastruc- sino that would have a negative economic im- for the past fifty years has served as the Or- ture and the information assets of government pact on the five non-tribal, tax-paying casinos ganist and Director of Music for my church, agencies. Its systems and networks are used that operate less than 50 miles away. While the First United Methodist Church in Hunts- to thwart crime and terrorism, and its tech- the IGRA permits tribes to take such distant ville, Alabama. nologies are used to examine vehicles and land into trust for gaming under very limited Ken was born in Dayton, Ohio and became containers at ports and borders without imped- circumstances, the law did not intend for tribes a church organist while still a freshman in ing the flow of commerce. to use such exceptions to shop for real estate. High School. While receiving both his Bach- SAIC designed and developed the Com- The Stop Forum Shopping Act of 2004 will elor and Master of Music Degrees from the posite Health Care System for U.S. military prevent tribes from cherry picking land for a Cincinnati Conservatory of Music, Ken served hospitals, worldwide. Now, the company’s casino by clarifying the meaning of initial res- as the Associate Organist-Choirmaster at Cin- Frederick subsidiary manages the National ervation and consultation. Essentially, this Act cinnati Christ Episcopal Church. Cancer Institute’s leading center for cancer will heighten the level of scrutiny given to such Ken went on to serve his country proudly as and AIDS research. action and increase the required notice to im- a Chaplain’s Assistant in the United States Telcordia Technologies, an SAIC subsidiary, pacted parties. This Act will stay true to the in- Army. While in the Army, he served seventeen is the leading provider of telecommunications tent of the IGRA by limiting an initial reserva- months in Korea and organized an Easter network software and new wireless solutions tion to a tribe’s service area, where more than Sunrise service of ‘‘Handel’s Hallelujah Cho- for military and criminal justice initiatives. 50 percent of the tribal members reside, or rus’’ for Commanding General Maxwell Taylor. Decades of service to energy, the environ- where the tribe has historically resided. Fur- On January 17, 1955, Ken began his work ment and our space programs have improved thermore, this act will increase the require- at the First United Methodist Church as its Or- cost efficiencies, reduced risk and produced ments of the consultation process so that all ganist and Music Director, a position he has measurable results. Agencies have selected impacted parties are provided adequate notice held ever since. Through the decades, he has SAIC to help them modernize and manage of any gaming proposals within 50 miles of been a constant and reassuring presence for huge volumes of data and to develop internet- their area and an opportunity to participate in many of us in North Alabama. He is highly re- based systems praised for setting new stand- the process. spected and committed to helping others ards for e-government. I hope my colleagues will join me in recog- throughout North Alabama. Dr. Beyster’s contributions to the nation as nizing that venue shopping by Native Amer- On June 30, 2004, Ken is retiring from First a leader in applying science, technology and ican Tribes is an increasing problem that must United Methodist Church. I am so privileged to innovation to meet national needs stand as a be addressed. Not only is it against the intent have heard this talented man in person. It will tribute to the American entrepreneur and truly

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.088 E25PT1 E1282 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 demonstrate American business at its very vately built vehicle to leave the Earth’s atmos- I hope Jay has enjoyed this learning experi- best. I am truly honored to call Bob Beyster phere. ence as much as we have enjoyed having his my friend. SpaceShipOne was designed and built by help in the office. I wish him all the best in his f Burt Rutan and piloted by test pilot Michael W. future endeavors. Melvill. It was launched successfully from Mo- f HONORING OUR FALLEN HEROES jave California, reaching a height of 100 KM (62 miles) above the Earth’s surface. Remark- IN RECOGNITION OF REV. DR. JO- HON. DEVIN NUNES ably, SpaceShipOne is entirely privately-fi- SEPH E. LOWERY ON THE EVE OF THE 40TH ANNIVERSARY OF OF CALIFORNIA nanced, chiefly by Microsoft co-founder Paul THE CIVIL RIGHTS ACT OF 1964 IN THE HOUSE OF REPRESENTATIVES G. Allen. According to the designers and financers of Friday, June 25, 2004 SpaceShipOne, the mission of this project is HON. JULIA CARSON Mr. NUNES. Mr. Speaker, I rise today with to demonstrate the viability of commercial OF INDIANA a heavy heart to pay tribute to three soldiers space flight and to open the door for private IN THE HOUSE OF REPRESENTATIVES from the 21st Congressional District who gave space tourism. The successful completion of Friday, June 25, 2004 their lives during combat in Iraq. SpaceShipOne’s maiden voyage demonstrates It is for the greater good that they joined the that relatively modest amounts of private fund- Ms. CARSON of Indiana. Mr. Speaker, on military, serving their country with honor and ing can significantly increase the boundaries the 40th anniversary of the Civil Rights Act of distinction. These native sons of ours played of commercial space technology. It constitutes 1964, now is an especially appropriate time to an integral part in securing peace in Iraq and a major leap toward their goal and dem- acknowledge and commend the historic con- giving freedom to an oppressed people. onstrates that private capital and private enter- tributions of a great civil rights fighter, The They represent the best of our community prise can be applied to enormous success all Reverend Doctor Joseph E. Lowery. and of our military. All three men grew up from on its own. Those associated with this project Dr. Lowery is the Co-founder, President humble means, working hard to achieve in represent the best of our American traditions, Emeritus, Southern Christian Leadership Con- school, sports, and work. They were of good embodied in our enterprising and pioneering ference (SCLC), Chairman Emeritus, Black moral character, quick to stand up for what is spirit. Leadership Forum, Inc. and Convener of the right and to defend those who needed it— Their success should also be read as a cau- Georgia Coalition for the People’s Agenda friends and strangers alike. tionary tale for all of us in government. If only (GEPA). Army 1st Lt. Osbaldo Orozco, 26, of the United States had a taxation policy that As co-founder with Martin Luther King, Jr., Earlimart died when his Bradley Fighting Vehi- limited government and thereby freed up more of the SCLC in 1957; Dr. Lowery served as cle rolled over as his unit rushed to help oth- private capital, there is no telling how many vice president (1957–67); chairman of the ers under attack near Tikrit on April 25, 2003. more like Burt Rutan, Paul Allen, and Michael board (1967–77); and as president and chief Lt. Orozco was a true leader and role model Melvill would be able to do great things to the executive officer from Feb. 1977–Jan. 15, for those around him. He excelled in every- benefit all of mankind. This not just in space 1998. Dr. King named him chairman of the thing he did—school, sports, and life itself—in- exploration, but in medical research, alter- delegation to take demands of the Selma-to- spiring those around him along the way. native energy research, and any number of Montgomery March (1965) to Gov. George Army Sgt. Michael W. Mitchell, 25, who the problems that continue to perplex man- Wallace. Wallace had ordered the marchers grew up in Porterville, was shot by a sniper kind. Private enterprise depends on results beaten (‘‘Bloody Sunday’’) but apologized to April 4, 2004, in Iraq as he stood in the open and success and therefore private capital is al- Lowery in 1995 as he led the 30th anniversary hatch of a tank. He was a bright young man ways targeted much more wisely than is mon- re-enactment of the historic march, which led with tremendous determination who was gifted ies confiscated by governments. to the passage of the Voting Rights Act. athletically and who excelled at being a sol- With this successful maiden voyage, His genesis as a civil rights advocate was in dier. SpaceShipOne is now the leading contender the early ‘50s in Mobile, AL where he headed Army Spc. Daniel Paul Unger, 19, was killed for the $10 million Ansari X Prize, which is to the Alabama Civic Affairs Association, which by shrapnel from a rocket-propelled grenade be awarded to the first privately financed led the movement for the desegregation of as he helped Iraqi civilians take cover during threeseat aircraft that reaches an altitude of buses and public accommodations. While in an attack May 24, 2004. He loved being a sol- 62 miles and repeats the feat within two Mobile, his property was seized by the Ala- dier. He also loved to share with others the weeks. I wish all those involved in this remark- bama courts in an historic libel suit: Sullivan v. love for God he kept in his heart. He was a able project the best of luck. NYTimes, Abernathy, Lowery, Shuttlesworth, compassionate young man whose ambition f & Seay. The U.S. Supreme Court vindicated the ministers in a landmark ruling on libel drove him to achieve in every arena in life. HONORING JAY LOVELL ON THE (Read Make No Law by Anthony Lewis, 1964) Theirs was a sacrifice we cannot repay. We COMPLETION OF HIS INTERNSHIP will cherish their memory. We will point to their Lowery led the historic Alabama to Wash- selfless example. We will aspire to their brav- ington pilgrimage (1982) to free Maggie Boze- ery, and we will carry on under the liberty they HON. BART GORDON man and Julia Wilder, falsely convicted of OF TENNESSEE defended. May God bless their souls and the voter fraud. This march helped gain the exten- IN THE HOUSE OF REPRESENTATIVES families they left behind. sion of provisions of the Voting Rights Act to Friday, June 25, 2004 f 2007. Nationally recognized as a strong pro- Mr. GORDON. Mr. Speaker, I rise today to ponent of affirmative action, he also led the CONGRATULATING THE DESIGN- thank Jay Lovell for his service during his in- movement in Nashville to desegregate public ERS, SPONSORS, AND PILOT OF ternship this summer. Jay is a fellow Middle accommodations. In Birmingham, he served SPACESHIPONE ON BEING THE Tennessean, and he has been a great help as president of the Interdenominational Min- FIRST PRIVATELY-FINANCED VE- and service to my constituents in Tennessee’s isterial Alliance, which spearheaded the hiring HICLE TO LEAVE THE EARTH’S Sixth Congressional District. of Birmingham’s first black police officers, etc. ATMOSPHERE Jay just finished his sophomore year at the As a United Methodist minister, he was elect- University of Missouri. Despite his youth, he ed as delegate to three General Conferences, HON. RON PAUL has already shown himself to be dedicated to and presided over an Annual Conference (act- OF TEXAS public service. While attending high school at ing bishop in 1966. IN THE HOUSE OF REPRESENTATIVES Nashville’s Montgomery Bell Academy, he He is co-founder and chairman emeritus of worked in a soup kitchen and was a member the Black leadership Forum, a consortium of Friday, June 25, 2004 of Habitat for Humanity. He is always ready to national black advocacy organizations, and Mr. PAUL. Mr. Speaker, I rise to congratu- lend a hand and a kind word to others. served as third president following Vernon Jor- late and commend the designers, builders, Jay has experienced the many facets of dan and Benjamin Hooks. As president of sponsors, and pilot of SpaceShipOne on the Congress first-hand. He has been very helpful SCLC, he negotiated covenants with major occasion of its successful flight out of earth’s in answering constituent concerns, guiding corporations for employment advances and atmosphere on June 21, 2004. What is most schoolchildren through the U.S. Capitol and business contracts with minority companies. remarkable about SpaceShipOne, of course, is assisting me and my staff with countless One of the first protest campaigns he led was that it is the first privately-financed and pri- projects. against the Atlanta based Southern Company

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.092 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1283 for contracting to purchase ten million tons of Rehabilitation Act (LERA). The purpose of to better comprehend the daily horrors of to- coal from South Africa (12977). He was LERA is to reduce recidivism and the victim- talitarian Cuba, Mr. Prieto Llorente was a tar- among the first five persons arrested at the ization and costs, fiscal and social, associated get of the totalitarian regime. South African Embassy in Washington, D.C. in with such recidivism. Studies have shown that According to Amnesty International, Mr. the ‘‘Free South Africa’’ campaign (1984). He inmate participation in education, vocational Prieto Llorente received threats and warnings co-chaired the 1990 Nelson Mandela visit to and job training, prison work skills develop- from Castro’s thugs in order to prevent him Atlanta following his release from prison and ment, drug abuse, mental health and other from pursuing his career as a truthful jour- awarded Mandela the SCLC/Martin Luther treatment programs, all reduce recidivism, sig- nalist. He was detained in January 2002 sim- King, Jr. Human Rights Award. He was key- nificantly. ply because he reported on an opposition note speaker at the African Renaissance Din- The Federal prison population has in- demonstration. On March 19, 2003, Mr. Prieto ner in Durban in 1998 honoring Mandela’s re- creased more than 7-fold over the past 20 Llorente was arrested because he published tirement. He was invited to keynote the dedi- years. In 1984, the population was about the facts about the tyrannical regime. cation of a school and hospital in East Ger- 25,000 prisoners. Today, there are more than He was arrested as part of the despicable many honoring Martin Luther King, Jr. He led 175,000 prisoners, and the population is grow- island wide crackdown of that month on a peace delegation to the Middle East and ing. According to the Federal Bureau of Pris- peaceful pro-democracy activists. In a sham met with the president of Lebanon and Yassir ons (BOP), the primary reasons for this tre- trial, Mr. Prieto Llorente was sentenced to 20 Arafat to seek justice in the Middle East by mendous growth has been longer sentences years in the infernal totalitarian gulag. While non-violent means. He led protests against the resulting from the 1984 Sentencing Reform incarcerated in the grotesque squalor of the dumping of toxic waste in Warrenton County, Act and mandatory minimum sentences. The atrocious gulag, he has been held in solitary N.C., and was arrested twice in this campaign Sentencing Reform Act established deter- confinement, confined with common criminals, which gave birth to the environmental justice minate sentencing, abolished parole, and dra- suffered from violent headaches and lack of movement. matically reduced good time credits. Other medical care. Let us be very clear, Mr. Prieto He served on the board of directors of sentencing policy by Congressional or admin- Llorente is languishing in unspeakable squalor MARTA (Metropolitan Atlanta Rapid Transit istrative action has increasingly limited the dis- because he published the truth. Authority) for 23 years and was chairman for cretion of judges and prison officials to impact Mr. Speaker, it is unconscionable that jour- three years (during the ’96 Olympics), and sentence lengths or confinement options. nalists such as Mr. Prieto Llorente are locked was instrumental in securing millions in con- During the same period, the annual number in dungeons for writing and publishing the tracts for minority businesses. Since retiring of prisoners returning to communities has also facts about the nightmare that is the Castro from the pulpit in 1997 and SCLC in January increased several fold. Currently, about 40,000 regime. At the dawn of the 21st Century, it 1998, he has helped black farmers secure a prisoners leave Federal prisons each year. must no longer be acceptable for anyone in federal court decree valued at $2 billion The question is whether they leave prison bet- the world, anywhere in the world, to be locked against the Department of Agriculture for dis- ter prepared to lead law-abiding lives, or in a in a gulag for writing the truth. My colleagues, crimination. He assisted black auto dealers to worse position to do so. The addition of a fel- we must demand the immediate release of seek redress from discrimination claims ony record and a Federal prison stay is not, in Fabio Prieto Llorente and every prisoner of against auto manufacturers. He has supported and of itself, likely to add to a person’s job or conscience languishing in the Cuban dictator- black concert promoters in their fight against social development prospects. ship’s abhorrent gulag. exclusionary policies of talent agencies. As Unfortunately, the elimination of incentives f convener of the Georgia Coalition for the Peo- such as parole, good time credits and funding ple’s Agenda (CPA), he is active in election for college courses, means that fewer inmates WORLD WAR II MEMORIAL DEDI- reform and voter empowerment, economic jus- participate in and excel in literacy, education, CATION A SUCCESS; WEEKEND tice, criminal justice reform, including alter- treatment and other development programs. OF MAY 29, 2004 native sentencing and a moratorium on the LERA provides incentives and recognitions for death penalty. achievement by giving the BOP Director the HON. CHRISTOPHER H. SMITH He is married to Evelyn Gibson Lowery, an discretion to grant up to 60 sentence credit OF NEW JERSEY activist in her own right, founder of SCLC/ WOMEN and is the father of five children. days per year to an inmate for successful par- IN THE HOUSE OF REPRESENTATIVES Lowery has received numerous awards, in- ticipation in literacy, education, work training, Friday, June 25, 2004 cluding an NAACP Lifetime Achievement treatment and other development programs. LERA will not only prevent crime victimiza- Mr. SMITH of New Jersey. Mr. Speaker, I Award and the Martin Luther King Center rise today to congratulate and recognize the Peace Award. Essence has twice named him tions, but also save taxpayers money. Many sentences are excessively long because man- staff of the American Battle Monuments Com- as one of the Fifteen Greatest Black Preach- mission and the World War II Project for all ers. Lowery is married to Evelyn Gibson Low- datory sentencing policies do not allow sen- their efforts in ensuring a very successful dedi- ery, an activist in her own right. tencing judges the discretion to distinguish be- cation of the World War II National Memorial: f tween hardened criminals and those amenable to rehabilitation and preparation for successful General P.X. Kelley, Chairman, American Bat- PERSONAL EXPLANATION re-entry. LERA allows offenders to distinguish tle Monuments Commission; Major General themselves. John Herrling, Secretary, American Battle ´ Monuments Commission; Mr. Kenneth Pond, HON. RUBEN HINOJOSA f OF TEXAS Executive Director, American Battle Monu- IN THE HOUSE OF REPRESENTATIVES FREEDOM FOR FABIO PRIETO ments Commission; Mr. Mike Conley, Asso- LLORENTE ciate Executive Director, National World War II Friday, June 25, 2004 Memorial Project; Mr. Bob Patrick, Director, Mr. HINOJOSA. Mr. Speaker, I regret that I HON. LINCOLN DIAZ-BALART National World War II Memorial Dedication; was unavoidably detained in meetings with the OF FLORIDA Mr. Dick Couture, Director, Marketing and regional leaders of my Congressional district. IN THE HOUSE OF REPRESENTATIVES Member Services, National World War II Me- Had I been present, I would have voted ‘‘yes’’ morial; Ms. Betsy Glick, Director, Communica- on rollcalls 282, 283, 284 and 285. Friday, June 25, 2004 tions, National World War II Memorial Project; f Mr. LINCOLN DIAZ-BALART of Florida. Mr. and Mr. Barry Owenby, Project Executive, Na- INTRODUCTION OF THE LITERACY, Speaker, I rise today to speak about Fabio tional World War II Memorial Project. EDUCATION AND REHABILITA- Prieto Llorente a political prisoner in totali- These individuals, along with their staffs, TION ACT (LERA) tarian Cuba. worked untold months to ensure that the Mr. Prieto Llorente is an independent jour- weekend of May 29, 2004, will live on in the nalist for the independent press agency of Isla hearts of the veterans and families of the HON. ROBERT C. SCOTT de Pinos. Instead of the false propaganda ‘‘Greatest Generation.’’ OF VIRGINIA mandated by the regime, he writes about the More than 150,000 people attended the May IN THE HOUSE OF REPRESENTATIVES reality of the reprehensible repression inflicted 29, 2004, dedication ceremony of the first na- Friday, June 25, 2004 on the Cuban people by the dictatorship. Be- tional memorial built to honor all of the Ameri- Mr. SCOTT of Virginia. Mr. Speaker, today cause of his belief in truth in print, truth for the cans who served their country during World I am introducing the Literacy, Education and people of Cuba and truth to enable the world War II. Millions more were able to watch the

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.097 E25PT1 E1284 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 dedication through live television feeds to the CONGRATULATING MACARTHUR Wallace Fowler has worked for years growing national broadcasting networks, the History HIGH SCHOOL the business communities of rural America. Channel, and C–Span. His successes are many, but it is his un- Additional events throughout the weekend HON. EDDIE BERNICE JOHNSON abashed willingness to give back to his com- drew large crowds who gathered for reunions OF TEXAS munity that demands recognition. Mr. Fowler was educated in Arkansas and and celebrations. A four-day National World IN THE HOUSE OF REPRESENTATIVES has worked in The Natural State since the War II Reunion held in conjunction with the Friday, June 25, 2004 1950’s. Today, he serves as Chairman or Smithsonian Institution Center for Folklife and vice-chairman for a half-dozen companies in Cultural Heritage drew over 300,000 people, Ms. EDDIE BERNICE JOHNSON of Texas. Arkansas. He sits on several civic commis- and three two-hour ceremonial and musical Mr. Speaker, I would like to congratulate Mac- sions, planning associations, and development performances held at the MCI Center were Arthur High School for receiving the Intel/ councils. His list of honors is long and distin- sold out. A Service of Celebration at the Scholastic Twenty-First Century Schools of guished. Washington National Cathedral was well at- Distinction Award. Located in my district of Ir- ving, Texas, MacArthur High School received Blessed with an appreciation of local and tended by military and civilian clergy and rural business communities, Mr. Fowler has World War II dignitaries. the award announced yesterday by Intel Cor- poration. The school will receive a $25,000 dedicated his life to growing rural America one Mr. Speaker, the enthusiasm, performance, grant from the Intel Foundation, in addition to business at a time. As Chairman of several and commitment of all the staff at the Amer- technology tools and assistance. local banks, he knows better than most how to ican Battle Monuments Commission, the Na- Mr. Speaker, this is truly an honor for every- give a helping hand when it’s needed. More tional WWII Memorial Project, and the Na- one at MacArthur High School who partici- importantly he has learned rural America is tional WWII Memorial Dedication do not go pated in this highly competitive contest and capable of achieving its goals if given a unnoticed, and I thank them for their excep- chosen as one of two recipients as the ‘‘Best chance. tional work on behalf of our Nation’s veterans. of the Best’’. Recipients were selected for their He has been awarded most recently with the Arkansas State University (ASU) Indian performance in comprehensive programs ex- Club’s Distinguished Service Award, the f hibiting excellence in the use of technology, Jonesboro, Arkansas, University Rotary Club’s parental and community involvement, profes- HONORING SAUK CITY Vocational Excellence Award and ASU Col- sional development, teamwork and high aca- lege of Business’ Executive of the Year. demic standards. These awards, along with the several others Each student at MacArthur is issued a HON. TAMMY BALDWIN he has earned, are ample proof of his unre- school-issued laptop and access to a co-op lenting drive and his strength of character; but OF WISCONSIN curriculum, which includes work study and ad- they do not accurately depict his generosity. vanced placement programs, as well as con- IN THE HOUSE OF REPRESENTATIVES On behalf of the Congress, I extend the ut- current enrollment at a nearby college. Team- most respect and thanks to a man who not Friday, June 25, 2004 work, leadership programs, experimental lab only grew businesses and communities activities and interactive student presentations Ms. BALDWIN. Mr. Speaker, I rise today to through his professional life, but also gave his are just a few examples of how these students honor Sauk City as it celebrates its sesqui- personal time to the same goals. Mr. Fowler is make learning an adventure. For the past four centennial. Sauk City is Wisconsin’s oldest in- a devout family man and a distinguished Ar- years, the school has received the state’s corporated village; it was founded in 1854, just kansan and I am honored to recognize him, a highest academic rating. 6 years after the great state of Wisconsin. great friend, in this Congress. It has been discussed on numerous occa- This scenic part of my district is situated on sions and in numerous venues that the United f the beautiful Wisconsin River and attracts States will not be able to lead—or for that IN HONOR OF RAFAEL LO´ PEZ thousands of visitors each year to boat, hike, matter, successfully compete—in the global camp, and bike. Sauk City’s great outdoors economy if we cannot put a stop to the con- HON. SAM FARR provide not only a wonderful backdrop for lei- tinuing shortage of highly qualified scientific OF CALIFORNIA sure activities, but also have proved to sustain and technology brainpower in this country. IN THE HOUSE OF REPRESENTATIVES this community and its strong investment in This award is of particular significance, as I Friday, June 25, 2004 agricultural trade. have long championed the need for more em- Sauk City can pride itself on being a com- phasis in science and math education, particu- Mr. FARR. Mr. Speaker, I rise today to munity which has always placed an emphasis larly for young children. I believe these stu- honor one of the great young leaders I have on the safety of its residents. It is home to dents and others like them will become tomor- had the privilege to know and work with. Wisconsin’s oldest-standing fire station and row’s leaders in the fields of science and tech- Rafael Lo´pez of Watsonville, California, will be volunteer fire department; Sauk City is also a nology. Showing students the importance and leaving his post as founding Executive Direc- member of the oldest joint law enforcement the value of the science and technology fields tor of First 5 Santa Cruz County to attend Har- agency in our state. is a life long process. It cannot happen over- vard University and pursue a Master’s degree in Public Policy and Administration. I am honored to be participating in Sauk night. It begins here and now. I implore our community leaders to also encourage science Rafael is a native of Watsonville, where his City’s sesquicentennial festivities, which will family worked as migrant agriculture workers. kick off with a parade through town, complete education in young men and women. I would like to commend the Intel Founda- One of the many noteworthy facts about his with horse-drawn carriages, old tractors, clas- life is that he was the first in his family to sic cars, and floats depicting life in Sauk City tion and Intel CEO Craig Barrett for their lead- ership and commitment to this initiative. The graduate from both high school and college. from 1854 to today. Residents will be able to Rafael graduated from Watsonville High see scenes of old school rooms and a quilting additional contributions of their corporate part- ners should also be acknowledged. School and attended Vassar College in New bee and veterans will be driving authentic mili- York and the University of California, Santa tary vehicles. The parade will conclude at Au- Mr. Speaker, again, I congratulate the stu- dents, teachers, principals and parents of Cruz, where he earned a degree with honors gust Derleth Park, where community members in American Studies and was awarded a Dis- can view circus wagons from the Circus World MacArthur High School on this distinguished honor. tinguished College Service Award. Rafael’s re- Museum, see horses pulling a Leinenkugel sume reflects his deep commitment to his f Beer Wagon, watch cloggers, singers, jug- community and our nation: an internship with glers, and Mexican and Latin-American danc- TRIBUTE TO WALLACE FOWLER a Member of Congress, staff member of the ing demonstrations. There will even be a UCSC Chicano Latino Research Center; Coor- beard contest and a hot dog-eating contest for HON. MARION BERRY dinator for Residential Education at Merrill Col- those who feel particularly competitive. A fire- lege, UCSC; working with groups such as the works display will conclude the festivities. OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES Community Action Board of Santa Cruz Coun- This celebration of 150 years for Sauk City ty, the El Andar Foundation, the Community demonstrates the strength of this closely-knit Friday, June 25, 2004 Foundation of Santa Cruz County, the City of community and offers the promise of contin- Mr. BERRY. Mr. Speaker, I rise today to Watsonville, the County of Santa Cruz, the list ued stability in the future. recognize a man who embodies philanthropy. goes on and on.

VerDate jul 14 2003 07:36 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.101 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1285 Most recently, however, Rafael has truly Whatever Charlie did, he did with passion, of 72. On behalf of the fifth district of Ten- shown what it means to be a community lead- loyalty and a commitment that was lifelong. He nessee, I send my deepest condolences to er. In 1999, he ran for a seat on the graduated from Montgomery Bell Academy in Lee Ann Hawkins and to their four children, Watsonville City Council in a special election, 1950 where we was named an all-city athlete daughters Leslie, Mary, Julia Ann and son Bill. and won with over 70 percent of the vote. At in three sports. Years later, he would return to Charlie Hawkins’ generous and joyful pres- the time, Rafael was the youngest person in serve the school in many ways, including time ence will be missed in Nashville but his spirit Watsonville’s history to serve on the council, spent on its board of directors. And Charlie’s lives on in the many programs and individuals and he approached this position with a pas- love of MBA went beyond his affection for the he inspired and supported every day. sion and commitment that reflected his love of school itself. It was through MBA that he met f his hometown. As in all things in his life, he the love of his life and his wife of 49 years, felt called to serve his constituency to the best Lee Ann Allen Hawkins, the daughter of How- CONGRESSIONAL TRIBUTE TO of his ability, and reached out to those he ard Lee Allen, his high school coach. PAUL OLLILA served in an unprecedented manner. From MBA Charlie went to Vanderbilt Uni- Shortly after his election victory he was versity and graduated in 1954. Charlie fol- HON. BART STUPAK tapped as the founding Executive Director of lowed in the footsteps of his father and played OF MICHIGAN First 5 Santa Cruz County, a countywide pro- baseball at Vanderbilt from 1952 to 1954. He IN THE HOUSE OF REPRESENTATIVES became a star pitcher for the Commodores, gram implemented through the passage of the Friday, June 25, 2004 California Children and Families First Act celebrated as the first Vanderbilt pitcher to (Proposition 10). Once again Rafael rose to earn all-Southeastern Conference honors. His Mr. STUPAK. Mr. Speaker, I rise today to the challenge of working with and imple- time on the Vanderbilt baseball team was just pay tribute to an outstanding educator in my menting a program aimed at serving children the beginning of his commitment to the sport, district. Paul Ollila is retiring this year as the from zero to five years old and their families the Vanderbilt team and sharing his passion Superintendent of the Copper Country Inter- out of whole cloth. While the act itself does for the game with others. He donated $2 mil- mediate School District (ISD), closing the final provide many specifications for how each lion to Vanderbilt for the construction of new chapter of a career dedicated to the children county’s commission would operate, it also stadium for the Commodores which opened in of Michigan’s Upper Peninsula. Mr. Ollila’s 40 provides the flexibility necessary for each 2002. Today, the Charles Hawkins Field is en- years as a teacher, administrator, and leader commission to implement the act in a way that joyed by Nashville families and the university serve as a shining example of his profession. helps its constituency best. For Rafael and the community alike, as well as being recognized Paul Ollila earned his bachelor’s degree in commissioners, this included grant funding to as one of the best baseball stadiums in the social work/sociology and secondary edu- large and small programs; countywide analysis South. cation from Northern Michigan University in with partners such as the United Way on the Charlie Hawkins was a generous financial 1964. That same year, he began his career as state of families and children in Santa Cruz supporter of the Vanderbilt Commodores but it a special education teacher and teacher con- County; and perhaps most groundbreaking is was his generosity of spirit and daily support sultant with the Adams Township School Dis- the upcoming implementation of guaranteed to the individual students on the team that was trict. In addition to working with his own stu- health care for all children from zero to eight- truly outstanding. He never missed a game. dents, Mr. Ollila taught special education stu- een. This last program has been the vision of He rode on the bus with the team to away dents throughout the Copper Country ISD. many individuals and organizations in the games. His daughter, Leslie, baked ‘good luck’ In 1976, after twelve years as a teacher for county, and is the result of a unique and excit- cookies for the team before every game. And both Adams Township Schools and the Cop- ing partnership, but without a doubt Rafael’s his door at home was always open to any per Country ISD, Mr. Ollila was asked to be- energy, focus and passion for this program player in need of a home cooked meal or a lit- come the Assistant Superintendent and Direc- shines through. tle grandfatherly advice and support. As news tor of Special Education for the ISD. He ac- Mr. Speaker, there are few individuals who of his recent battle with cancer became cepted this position, and for the next 16 years, have left as large an impact on the Pajaro Val- known, this year’s Commodores rallied to his special needs students throughout the Copper ley and Santa Cruz County as Rafael Lo´pez. support. When his illness prevented his joining Country benefited from his experience, leader- I am honored to know him, and equally sad- the team for one recent road trip, the team ship, and compassion. dened to see him go. I would like to take this took the bus to Charlie, dropping by for a In 1993, Mr. Ollila became the Super- opportunity to wish him and his wife, Rosa good luck send-off as they headed out of intendent of the Copper Country ISD. In this Ram´ırez, all of the best in success and happi- town. Even though he was not able to make role, he has been responsible for delivering a ness as they enter this new stage in their some of the Commodores’ final games this range of services to school districts and their lives. season, Charlie was there on the field with his students. In addition to special education, the ISD assists school districts with compliance f team who had his initials added to their base- ball caps. Clearly, Charlie inspired his beloved and coordination services, and provides a REMEMBERING MR. CHARLES team. The Commodores finished the season number of specialized programs for students. HAWKINS, NOTED BUSINESSMAN, with its best record ever, winning its first These include alternative education, outdoor COMMUNITY LEADER, NASH- NCAA Regional title and its first appearance in education, career preparation, vocational edu- VILLE BENEFACTOR an NCAA Super Regional. cation, gifted and talented programs, and Charlie Hawkins touched and helped health curriculum. The ISD also operates the HON. JIM COOPER Nashvillians in many walks of life. He founded outstanding Western Upper Peninsula Center OF TENNESSEE one of the city’s most respected real estate for Science, Mathematics and Environmental IN THE HOUSE OF REPRESENTATIVES development companies, the Charles Hawkins Education. Company. Headquartered in downtown Nash- Throughout his years as an educator, Paul Friday, June 25, 2004 ville, Charlie and his company were active in Ollila has recognized the importance of ongo- Mr. COOPER. Mr. Speaker, I rise today to bringing new growth to the area in recent ing education both for his own career, and for celebrate the remarkable life of Mr. Charles years. He served on the board of the Nashville his ability to better serve his students. In 1966, Hawkins of Nashville, Tennessee. Mr. Haw- Red Cross, the Fellowship of Christian Ath- he earned a Master’s degree in special edu- kins was a beloved figure in our community, letes, the Watkins Institute, Big Brothers of cation/educational administration, and in 1989 recognized for his leadership in the business Nashville, the Junior League of Nashville and he earned a Specialist’s degree in educational community, his enthusiastic and generous the Downtown Rotary of Nashville. He also administration, both from Northern Michigan support to so many Nashville organizations served as President of the Nashville Board of University. and his constant willingness to offer a helping Realtors and a member of the Metropolitan Mr. Speaker, Paul Ollila’s service as a hand to anyone in need. Port Authority. He was also a charter member teacher and administrator has been out- Charlie Hawkins was Nashville through-and- of the Woodmont Christian Church where he standing, but it is even more remarkable when through. You might say it was a role in life he served as an elder and Sunday school teach- you consider the numerous leadership roles was simply born to do. His ancestors first er. In addition for 20 years, he conducted he has taken on at the state, Upper Peninsula, called Nashville home in the 1860s, making church services at the Retired Teachers Home and local levels. In addition to taking leader- Charlie, who was born there in 1932, the in his Green Hills neighborhood. ship roles in various professional associations, fourth generation in his family committed to My hometown lost a very special friend with Mr. Ollila has served on the State Special building a greater Nashville for all. the recent death of Charlie Hawkins at the age Education Advisory Committee, the UP Center

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.105 E25PT1 E1286 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 for Educational Development, Upper Great neurship and improve access to basic financial HONORING THE LIFE OF GUAM’S Lakes Education Technologies, Inc., the Cop- services. FIRST CHAMORRO TERRITORIAL per Country Americorps, the Finlandia Univer- I commend the Nation’s federal credit LIBRARIAN: MAGDALENA sity Community Advisory Board, and the Cop- unions for the good work they have done for ‘‘MAGGIE’’ SANTOS TAITANO per Country Superintendents’ Round Table to the last 70 years and the good work they will, name just a few. Finally, there are three no doubt, continue to do for the next 70 years. HON. MADELEINE Z. BORDALLO school districts in the Copper Country ISD f OF GUAM without their own superintendent, and Mr. CHILD NUTRITION AND WIC IN THE HOUSE OF REPRESENTATIVES Ollila has served in this capacity whenever he REAUTHORIZATION ACT OF 2004 Thursday, June 24, 2004 was needed. Ms. BORDALLO. Mr. Speaker, I rise today As much as he has given to his career SPEECH OF though, Paul Ollila has always had time for his to honor the memory of Magdalena ‘‘Maggie’’ family. He has been happily married to his HON. CHRIS VAN HOLLEN Santos Taitano, Familian Oncho, who passed wife Joyce for 44 years, and together they OF MARYLAND away on June 17, 2004. I also extend my have six children and 6 grandchildren. He is IN THE HOUSE OF REPRESENTATIVES deepest sympathies and prayers to her family also an avid golfer and travel enthusiast. Thursday, June 24, 2004 and friends. Mr. Speaker, Paul Ollila’s commitment to his Maggie was born on July 1, 1928. She was Mr. VAN HOLLEN. Mr. Speaker, I rise in married to the late Guam Senator Richard Flo- family, his community, and the students of strong support of S. 2507, the Child Nutrition Michigan’s Upper Peninsula serves as an ex- res Taitano, and was mother to Taling Maria, and WIC Reauthorization Act of 2004, which Richard Jr., John Joseph, and Carmen ample to all of us. I ask the House to join me both reflects—and improves upon—the bipar- in honoring him and thanking him for his serv- Teresita. She was also a grandmother, great- tisan child nutrition bill we passed in the grandmother, wife, sister, auntie, godmother, ice. House on March 24 of this year. f and friend. A devoted mother and wife, Like H.R. 3873, the Child Nutrition and WIC Maggie was also a religious person who dem- 70TH ANNIVERSARY OF THE PAS- Reauthorization Act will provide food security onstrated her commitment to her community SAGE OF THE FEDERAL CREDIT to more children and families than ever before, through her involvement in various civic orga- UNION ACT eliminate needless paperwork for program pro- nizations. She was active politically as well, viders and place a renewed emphasis on obe- and recognized the importance of protecting HON. DARLENE HOOLEY sity prevention through improved nutrition and Guam’s heritage and history for future genera- greater exercise. tions. OF OREGON But—fortunately for America’s children—S. IN THE HOUSE OF REPRESENTATIVES This belief was reflected in her passion for 2507 goes further. It expands the popular the library sciences, an interest Maggie first Friday, June 25, 2004 Lugar summer food pilot to two additional developed while working in a library while still Ms. HOOLEY of Oregon. Mr. Speaker, I rise states. It gives five states new authority to in high school. After graduating from George today to commemorate the 70th anniversary of look at eliminating the ‘‘reduced price’’ cat- Washington High School in 1950, Maggie the passage of the Federal Credit Union Act. egory for school lunch. It establishes important began working as a library assistant at the Recognizing that every credit union exists ‘‘for new cost containment measures to ensure the Guam Public Library. From there, Maggie pur- the purpose of promoting thrift among its integrity of the WIC program. And—perhaps sued higher education, receiving a full scholar- members and creating a source of credit for most significantly for those of us interested in ship to attend Mount Mary’s Catholic College provident or productive purposes,’’ Congress increasing participation rates among eligible in Milwaukee, Wisconsin, where she received passed the Federal Credit Union Act on June children—S. 2507 provides mandatory funding her Bachelor’s in business administration. She 26, 1934 and in so doing gave birth to the net- for all schools to directly certify food stamp-eli- continued her studies at Texas Women’s Uni- work of federal credit unions that continues to gible children for free school lunch by 2008— versity in Denton, Texas, becoming the first serve our nation’s citizens today. and greater flexibility for schools to verify in- Chamorro to earn a Master’s degree in library While federal credit unions have grown come through third party sources like TANF sciences. since 1934, their basic mission remains the and Medicaid. These measures take an impor- Maggie then returned home to begin a dis- same today as it was 70 years ago: tant step towards eliminating at least some of tinguished career in service to the people of Federal credit unions now as they did then the barriers that currently keep otherwise eligi- Guam. In 1960, she became the first provide low cost financial services to their ble children from accessing these critical pro- Chamorro Territorial Librarian of the Guam members; and grams. Public Library—later renamed the Nieves M. Federal credit unions now as then continue Mr. Speaker, in closing I’d like to thank Flores Memorial Library. Some of her achieve- to emphasize their traditional cooperative val- Chairman BOEHNER, our ranking member Mr. ments included instituting the Summer Read- ues of democratic control and volunteerism. MILLER, Mr. CASTLE and Ms. WOOLSEY—along ing Program, the Saturday Storytelling Pro- The unique democratic spirit of credit unions with Senators COCHRAN and HARKIN—for all of gram, the Pacific Area Collections, and mak- is what sets them apart from other financial in- their hard work on this important legislation. I ing the library more accessible to the commu- stitutions. Seventy years after passage of the think we can all be proud that—at least on this nity. Although Maggie retired in 1987, she Federal Credit Union Act, federal credit union issue—we have done the people’s work. could not stay away from the library for long, boards of directors are still elected democrat- f returning to serve part-time at the University of ically with every single member of the credit PERSONAL EXPLANATION Guam’s Robert F. Kennedy Memorial Library. union (regardless of the amount of his or her She later transferred to the Micronesian Area savings) having an equal vote. What’s more, HON. BRIAN BAIRD Research Center (MARC) where she had a the vast majority of credit union board mem- OF WASHINGTON prominent role in putting together the papers bers volunteer their time for the betterment of of public officials, including those of my hus- IN THE HOUSE OF REPRESENTATIVES the credit union, without compensation of any band, the late Governor Ricardo Bordallo. It kind. Friday, June 25, 2004 was fitting that in 1997, MARC was renamed Although credit unions are a very small seg- Mr. BAIRD. Mr. Speaker, on Friday, June the Richard F. Taitano Research Center in ment of the financial services industry, that 18, 2004, I was unable to participate in legisla- honor of the institution’s creator, her late hus- democratic spirit and sense of volunteerism tive business due to an important, long- band. has helped them grow over the course of the standing commitment in my district. Had I I have been blessed to also call Maggie a past seventy years to serve more than 85 mil- been present for legislative business on June friend. We first knew each other in high lion Americans. Today, credit unions serve as 18, 2004, I would have voted ‘‘yea’’ on House school, and I was honored to be Godmother to a viable, healthy alternative to other traditional Amendments 580, 581, 585 and 592; and her daughter Carmencita. Our husbands were providers of financial services. would have voted ‘‘nay’’ on House Amend- also running mates in the 1970 Gubernatorial Credit unions also continue to serve a grow- ments 578, 583, 584, and 589. election, running on the slogan ‘‘A New Day ing number of people of modest means. By In addition, Mr. Speaker, I would have voted for Guam.’’ I am deeply saddened by Maggie’s building branches in distressed neighborhoods ‘‘yea’’ on final passage of H.R. 4567, the Fis- passing, but know that she has left behind a absent other traditional financial institutions, cal Year 2005 Homeland Security Appropria- legacy that will be treasured for generations to credit unions have helped encourage entrepre- tions Act. come.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.108 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1287 OHIO NUTRITION AND WIC during a training accident in Ft. Benning, GA. the Japanese Women’s Alumnae Association REAUTHORIZATION ACT OF 2004 He was just 21 years old and a native of my at UC Berkeley; and Satsuki Kai, a Japanese hometown, Prescott, AR. wives group. Michi received a star on the SPEECH OF Upon graduation from high school, Ryan en- Walk of Fame on Gene E. Suttle Plaza in HON. JUANITA MILLENDER-McDONALD listed in the U.S. Army and was qualified for 2003 for her work in the Western Addition of OF CALIFORNIA the elite Rangers program. Those who knew San Francisco, especially during the upheaval Ryan well say he was extremely intelligent, re- that redevelopment caused in the Japanese IN THE HOUSE OF REPRESENTATIVES sourceful and determined. He had a love of and African American communities in the late Thursday, June 24, 2004 flying and this passion drove him to become 1950s. She was also honored as a women Ms. MILLENDER-MCDONALD. Mr. Speaker, an airborne ranger. warrior by the Pacific Asian American Women I rise to give my enthusiastic support to S. Ryan enlisted for full time service in the Bay Area Coalition as a symbol of what strong 2507, ‘‘The Child Nutrition and WIC Reauthor- U.S. Army where he received the Army Good women can accomplish. ization Act of 2004’’. Conduct Medal, the National Defense Service Michi Onuma was a visionary, a pioneer, In January of this year, I urged the Com- Medal, and the Army Service Ribbon. and a strong leader who had a lasting impact mittee on Education and the Workforce to in- My heartfelt condolences go out to Ryan’s on San Francisco. We are grateful to have clude in this Reauthorization Act provisions to family. We have a lost a brave young man had her with us for so long. authorize fruit and vegetable pilot programs for and his legacy will live on through those who f the Women, Infants and Children (WIC) Nutri- knew him well and counted him as a friend. H.R. 4715, THE SPECTRUM tion Program. f ACCOUNTABILITY ACT The bill expands this program as well as the Summer Food Service Program. It also pro- CELEBRATING THE LIFE OF MICHI vides training and technical assistance to OKA ONUMA HON. JIM NUSSLE schools in program administration and targets OF IOWA benefits to low-income children. HON. NANCY PELOSI IN THE HOUSE OF REPRESENTATIVES The passage of this bill today is truly a land- OF CALIFORNIA Friday, June 25, 2004 mark achievement, as it represents the most IN THE HOUSE OF REPRESENTATIVES Mr. NUSSLE. Mr. Speaker, I come before extensive amendments to the Richard B. Rus- Friday, June 25, 2004 the House today to introduce H.R. 4715, the sell National School Lunch Act (NSLA) and Ms. PELOSI. Mr. Speaker, I rise today to Spectrum Accountability Act, which supports the Child Nutrition Act of 1966 (CNA). This the adherence to sound principles of spectrum legislation reauthorizes national school lunch honor the exemplary life and accomplishments of Michi Oka Onuma, a native San Franciscan auction management, particularly the use of and breakfast, child and adult care food, after- competitive bidding. This bill addresses the re- school snack, summer food service and spe- who died peacefully at the age of 96 on May 15, 2004. Michi Onuma represented the best quirement for spectrum auctions and the need cial supplemental nutrition programs for (WIC), for the efficient management of this finite re- among others. of San Francisco. She was a talented leader with a generous heart. She will be greatly source. The competitive bidding process has The bill also amends the Commodity Dis- already shown us that a fair market value is tribution Reform Act and WIC Amendments of missed. Michi Onuma overcame many obstacles in best attained through the use of competitive 1987 and the Food Stamps Act of 1977 to bidding. streamline applications for school meal pro- her life. Graduating from the University of Cali- fornia at Berkeley in 1931, she was one of the At present, there is a disagreement over the gram benefits. It does so by establishing proper statutory application of the Federal agreements between State Food Stamp Agen- few women college graduates of her genera- tion of Japanese Americans. She managed as Communications Commission’s requirement to cies and School Food Authorities. conduct spectrum auctions. There are some Like my colleagues, I believe it is critical a single parent at a time when divorce was taboo. She overcame the prejudice that came who suggest that current communications law that our Nation’s children have access to is unclear as to when an auction is required. healthy and nutritional foods while attending with being Japanese American, including suf- fering interment, along with 120,000 fellow This bill reaffirms the obvious intent of Con- school. The pilot program provided in this bill gress to use the auction process and competi- makes this possible. Japanese Americans, during World War 11. During her long life, Michi Onuma had var- tive bidding for the grant of commercial spec- Mr. Speaker, we are all well aware that trum, and clarifies when the auction require- childhood obesity is a major health issue in ious careers, including as a social worker and a community newspaper reporter and editor. ment is applicable. this Nation that must be addressed. Our chil- Congress has a duty to efficiently manage dren deserve to have healthy choices for their She never fully retired, working well into her eighties before cancer slowed her down. For- Federal resources. This duty is the same breakfast and lunch meals. For many of our whether the resource is actual taxpayer dollars children these meals are the only nutritionally tunately, she recovered and remained vital and engaged until the end. or public assets, such as electromagnetic complete meals they will eat throughout the spectrum, which are held by the Government. week. In the process of raising a family and having a career, Michi helped build and sustain com- While it is the Federal Communications Com- According to the Centers for Disease Con- mission’s role to handle the operational as- trol (CDC) and the National Center for Health munity institutions that continue to flourish today. Michi Onuma persuaded the inaugural pects of spectrum management, this function Statistics (NCHS), an estimated 15 percent of must be carried out as prescribed by commu- children and adolescents ages 6–19 years board of directors of the Japanese Community and Cultural Center of Northern California to nications law. Congress was quite clear that were overweight in 1999–2000. This rep- auctions and the competitive bidding process resents a 4 percent increase from the previous build a community center. Michi Onuma was on the YWCA board in its early days when provide the most efficient and appropriate 1988–1994 estimates. Passage of this bill rep- means for spectrum management; this bill will resents bipartisan and bicameral efforts to foresighted first generation Japanese Amer- ican women raised funds to purchase a build- dispel any remaining misconceptions on the benefit the children of our country. matter. I firmly believe that this is the right bill at the ing for community use in perpetuity. Since right time for America’s women and children. these women were not allowed to own prop- f erty outright, they left the property in trust with f DEPARTMENT OF HOMELAND SE- the YWCA organization with the understanding CURITY APPROPRIATIONS ACT, IN MEMORY OF U.S. ARMY that the YWCA would follow their wishes. 2005 PRIVATE VAN RYAN MARCUM When the YWCA went back on its promise, Michi Onuma provided the historical docu- SPEECH OF HON. MIKE ROSS mentation needed to negotiate the return of HON. RAU´ L M. GRIJALVA OF ARKANSAS the YWCA into community hands. Nihonmachi OF ARIZONA IN THE HOUSE OF REPRESENTATIVES Little Friends, a child care center serving the Japanese American community, is now the IN THE HOUSE OF REPRESENTATIVES Friday, June 25, 2004 proud owner of the building. Thursday, June 17, 2004 Mr. ROSS. Mr. Speaker, I rise today to Other recipients of Michi Onuma’s leader- The House in Committee of the Whole honor the life of U.S. Army Private Van Ryan ship included organizations that she founded House on the State of the Union had under Marcum. Ryan passed away on June 19, 2004 such as the Red Dots, a community golf club; consideration the bill (H.R.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.113 E25PT1 E1288 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 4567) making appropriations for the Depart- of Arizona as well as Alaska, California, Colo- collected $700 for St. Jude Children’s Re- ment of Homeland Security for the fiscal rado, Washington, DC, Hawaii, Idaho, Illinois, search Hospital. John also participated in the year ending September 30, 2005, and for other Maine, Maryland, Massachusetts, Michigan, creation of the ‘‘Johnville Project.’’ This project purposes Minnesota, Montana, New Mexico, New York, was used to teach middle school students the Mr. GRIJALVA. Mr. Chairman, I wish to North Carolina, Oregon, Pennsylvania, Ten- importance of budgeting money, self-worth, state for the record my vehement opposition to nessee, Texas, Utah, Washington, and Wis- and achieving goals. this amendment. consin. This amendment purports to deny funds to I would also like to commend John for his I find it outrageous that a member of this accomplishments in numerous FCCLA, BPA, any state that permits undocumented immi- body would suggest withholding critical funds, and DECA competitions. John placed second grants to obtain driver’s licenses or other from programs such as the State Criminal at FCCLA Regional and State BPA, and went ‘‘comparable’’ identification documents and to Alien Assistance Program, Byrne grants, and to Nationals in DECA. He used each point as deny funds to any state or local government many others, just to impose an extreme per- a stepping stone to improve upon his project, that has passed a policy that limits disclosure sonal view about what local governments which took an entire eight months of diligent of immigration status to federal authorities. should be doing. This is not the time for zeal- effort. In addition, he focused on creating a fit- Withholding funds from local governments ots to push unfunded mandates through bills ness center dedicated to improving the mental and from our frontline first responders in local providing for the security of us all. level would undermine their effectiveness in a and physical health of teens. f critical mission. Mr. Speaker, I wish to commend John David Local law enforcement authorities across PAYING TRIBUTE TO JOHN DAVID Reynolds for his tireless efforts to enrich the the country have made it clear that if the fed- REYNOLDS, III lives of the people in his community. Through eral government abrogates their responsibility his ability to confront challenges, and chal- and forces them to take on what is a federal HON. HAROLD E. FORD, JR. lenge others, he has become a leader among obligation with regard to immigration enforce- OF TENNESSEE his peers. I commend him for his achieve- ment, this will be an unfunded mandate, de- IN THE HOUSE OF REPRESENTATIVES ments and ask my colleagues to join me in pleting critical resources of time and funding. Friday, June 25, 2004 paying tribute to him in the U.S. House of The effectiveness of local law enforcement, Representatives. and our safety, depends on their being able to Mr. FORD. Mr. Speaker, today I rise to ac- count on cooperation from their neighbors, re- knowledge John David Reynolds, III of Mem- f gardless of their immigration status. When phis, Tennessee, in his dedication to service local authorities are perceived as immigration in his community. On Wednesday, June 16th, IN RECOGNITION OF KATHY enforcers, immigrant communities, who may I joined John at the America’s Promise to our MCCARTHY FOR HER YEARS OF have critical information with regard to home- Youth Inaugural Gala in Washington. PUBLIC SERVICE land security, will be very reluctant to cooper- Founded in 1997 after the President’s Sum- ate or even speak with law enforcement. mit for America’s Future, America’s Promise Due to unfunded mandates and a neglect of helps bring together communities to improve HON. MARK GREEN real security needs at the local level, municipal children’s lives by making five promises. The governments and local police are already five promises are: (1) ongoing relationships OF WISCONSIN strained, and this amendment would increase with caring adults—parents, mentors, tutors or IN THE HOUSE OF REPRESENTATIVES that strain. coaches; (2) safe places with structured activi- This would undermine homeland security, ties; (3) a healthy start and future; (4) market- Friday, June 25, 2004 and the safety of immigrants themselves. In able skills through an effective education; and Mr. GREEN of Wisconsin. Mr. Speaker, particular, victims of domestic violence would (5) opportunities to serve through community today before this house I would like to honor have to decide whether they are willing to risk service. deportation before seeking help from authori- Given John’s commitment to his peers and and recognize Kathy McCarthy for her hard ties. to community service, we owe it to him to fulfill work and dedication to the citizens of Wiscon- This amendment would undermine security these promises. To that end, I was pleased to sin’s Eighth Congressional District. After serv- for all who reside in this country, and the safe- join with America’s Promise in making a down ing 14 years in both my office and that of ty of immigrants in particular. Immigrants who payment on those promises by presenting him former Congressman Toby Roth, Kathy has are victims of domestic violence would have to at the gala a scholarship for post-secondary chosen to retire and pursue new endeavors decide whether they are willing to risk deporta- education. outside of federal service. tion before seeking help and reporting abuse He stands among his peers as a leader Kathy McCarthy began her career in public to authorities. within their eyes and inspires them to reach service as a staff assistant and office manager The provision withholding federal funds from within themselves to accomplish their goals. with Congressman Roth, In that time she ful- states that permit undocumented immigrants Therefore, it is appropriate to recognize his filled a number of vital roles and coordinated to obtain driver’s licenses or other ‘‘com- accomplishments before this body of Con- numerous projects, including casework duties parable’’ identification documents is similarly gress and this Nation. and student nominations to the United States nonsensical and counterintuitive. John is a graduate of Kingsbury High Service Academies. During her tenure with I would think that those who rail against the School, where he took on many leadership Congressman Roth, Kathy earned the reputa- presence of the undocumented in this country roles. He was elected to student office in: tion of being a fierce advocate for constitu- would welcome the opportunity to increase FCCLA, President; BPA, Vice President; and ents, and an indispensable member of the of- safety by allowing those who are undocu- DECA, President for the 2003–2004 school fice. mented to be identified by authorities. Allowing term. As an active member of all three chap- After joining my staff in 1999, Kathy’s exper- undocumented immigrants to obtain forms of ters, he attended Peace Jam at Rhodes Col- tise and acute understanding of casework identification would make the job of law en- lege in the Spring of 2004 and met with Nobel issues proved vital in getting my office up and forcement easier, and allow immigrants ac- Peace Laureate Rigoberto Menchu Tum. Dur- running. She was able to successfully assist cess to necessary basic services such as ing his time at Peace Jam, his FCCLA Chap- thousands of constituents in navigating the opening a bank account. All other things being ter presented their own peace plans with over equal, it would be better to have more of the 20 other schools. maze of federal agencies, helping folks re- people who are in this country identified and In BPA, John taught elementary school stu- ceive all the benefits and services they de- to have as many drivers as possible obtain a dents computer basics and data entry skills, serve. proper license. Both of these conditions would helping them prepare for junior high school. Mr. Speaker, it is my pleasure to recognize contribute to increased public safety. As a secondary project, he also helped the my friend Kathy McCarthy for her years of This amendment is an attempt to blackmail Memphis Food Bank with food drives and sort- dedicated public service. My constituents, my local governments into following an agenda ing food. staff and I are sad to see her go, but we are that would endanger their safety, by threat- In DECA this John was part of an effort to consoled by the fact that Kathy will soon be ening to take away critical resources. The collect 10,000 Pennies for Penguins in a drive enjoying a long retirement with her family. States that would suffer the most from pas- for Le Bonheur Children’s Hospital. The orga- From the bottom of my heart I say thank you, sage of this amendment include my own state nization conducted a fashion show where they and wish her all the best in retirement.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.117 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1289 OPPOSING THE FISCALLY IRRE- health insurance for the 44 million uninsured costs every month. And when faced with those SPONSIBLE REPUBLICAN BUDG- in this country. Since the original PAYGO choices, they’ll choose to pay their water bill ET PROCESS LEGISLATION rules expired and the Republicans started cut- first. But the EPA—in its infinite wisdom—has ting taxes for their wealthy friends, that surplus decided to place a higher priority on marginal HON. FORTNEY PETE STARK has turned into a $2.9 trillion deficit, which will reductions in arsenic level than such basic OF CALIFORNIA push our total debt over $9 trillion. Who do needs as food and shelter. IN THE HOUSE OF REPRESENTATIVES you think is going to pay for that debt if we fail That is unacceptable, which is why I am in- to reinstate PAYGO rules that work? You and Friday, June 25, 2004 troducing legislation today to allow small and I will not foot the bill for this irresponsible pol- rural communities, those under 10,000 in pop- Mr. STARK. Mr. Speaker, I rise in strong icy. Our children, grandchildren and great ulation, to choose whether they want EPA to opposition to H.R. 4663, the so-called Spend- grandchildren will. enforce regulations on naturally occurring con- ing Control Act of 2004. This bill is another This bill is another colossal mistake which taminants. If the eligible community deter- shameless attempt by the Republican majority the Republicans want to inflict on our country. mines it is too costly to comply with the rule to shove their radical, right wing agenda down I urge my colleagues to support the Spratt it can request an exemption from the regula- the throats of the American people. What are substitute, which applies PAYGO to both tion, which EPA must grant. they going after this time? Medicare and So- spending and tax cuts, and to vote against this No one is talking about removing all the ar- cial Security. And what are they trying to pro- one-sided Republican bill. senic from the water. We are talking about re- tect? Tax cuts. f moving parts per billion, which is removing a What a surprise. What a surprise that the very small amount of something that is barely Republicans would put tax cuts over Medicare SMALL COMMUNITY OPTIONS FOR REGULATORY EQUITY ACT even there. There is no bright line of con- and Social Security. I guess it shouldn’t sur- centration at the parts-per-billion level beyond prise us anymore. which arsenic becomes unsafe. EPA views 9.9 This bill purports to be a budget bill. It is HON. C. L. ‘‘BUTCH’’ OTTER parts-per-billion as safe and 10.1 as unsafe, supposed to set up rules to restrain spending OF IDAHO despite the fact that there is little health dif- and reduce the national budget deficit. That’s IN THE HOUSE OF REPRESENTATIVES ference between such small differences. EPA a worthy goal. Too bad the bill doesn’t ad- can’t determine how much arsenic ingestion vance us toward that goal. One provision Friday, June 25, 2004 above the federal standard is harmful. While which purports to advance this goal is the pay- Mr. OTTER. Mr. Speaker, I rise today to in- EPA has said that arsenic concentrations as-you go (PAYGO) rule. Under such a plan, troduce the Small Community Options for above its standard don’t necessarily present any new spending on one program must be Regulatory Equity Act. Rural communities an unreasonable risk to health, concentrations paid for by a reduction in spending from an- across my state and elsewhere are being un- above 10 parts-per-billion do create a signifi- other. Such a rule is problematic. Under this fairly burdened by Environmental Protection cant financial burden for small communities. plan, if I want to add an important benefit to Agency regulations that have questionable the Medicare program, I must cut spending benefit. This mandate doesn’t consider the unin- elsewhere in the Medicare, or in some other While we all want to ensure a clean, safe tended consequences and it can’t balance vital program like Medicaid or the State Chil- drinking water supply for our communities, we competing local priorities. Local communities dren’s Health Insurance Program. In this time must remember that fiscal restraints some- are in the best position to determine where of huge budget deficits, I know we must con- times require tradeoffs and accommodations. their scarce resources need to go. EPA is not trol our spending habits. But robbing Peter to Many small communities believe that EPA reg- going to the communities and suggesting pay Paul makes no sense when we are talking ulations will do more harm than good by wast- ways they can comply or technology they can about the health and well being of our fellow ing limited public health funds complying with use. Rather than being a good partner, EPA is citizens. standards that do little to advance the inter- once again just an enforcer, and is waiting That said, I would have no problem sup- ests of public health. until 2006 to impose fines on communities that porting PAYGO rules for mandatory spending For those of you who may have forgotten are not in compliance. Such one-size-fits-all if the Republicans made them apply to tax the arsenic debate of just a few years ago, let government ‘‘solutions’’ do nothing to make cuts as well. But guess what? Under this pro- me refresh your memory. The Safe Drinking the water cleaner. They only provoke bitter- posal, tax cuts would be exempt from the Water Act was used in the past to clean up ness and stifle cooperation. PAYGO rules! In other words, we have to pollution caused by previous business prac- One small community in Idaho already has eliminate programs to add something to Medi- tices. Now the EPA is using the act to clean had to lay off its only police officer in order to care, but the Republicans can cut taxes until up Mother Nature herself. Arsenic is a natu- afford studies and other requirements related the cows come home! The Republicans could rally occurring component in the soil and water to complying with the arsenic regulation. Now therefore pass another huge tax cut for mil- of many Western states, including Idaho. we are asking people to choose between real lionaires without replacing the lost revenue Using questionable science, the EPA has public safety and a theoretical health benefit. with spending cuts. This then leads to huge committed to ensuring all domestic water sys- Further compounding the problem for this rural deficits because of the exponentially widening tems meet the arbitrary 10 parts-per-billion community, the EPA recently denied its re- gap between spending and revenue. Does this standard for arsenic—no matter how small quest for a compliance extension, as provided make any sense at all? Of course not! those systems are. This is down from the 50 for in the agency’s own regulation. Community What makes this bill worse is the fact that parts-per-billion standard set in 1975. leaders know they can’t comply by 2006 and increasing mandatory spending for programs When the Safe Drinking Water Act was are trying to do the right thing—but EPA re- like Medicare cannot be paid for by closing tax passed, Congress provided flexibility for EPA fuses to help them. loopholes and increasing revenue by charging to determine whether it is economically or We are supposed to have a democratic taxpayers what they really owe. For example, technologically feasible to obtain a certain process here in the United States. In this if I proposed legislation to fill in the doughnut level of reduced contamination. Essentially, case, the EPA is overriding the will of local hole in the Republican prescription drug ben- the act states that if it’s too expensive, smaller citizens. I believe it’s time to put the power efit, I could not pay for that expanded benefit systems simply need to get as close to the back into the hands of those most impacted to by closing corporate tax loopholes that effec- standard as they reasonably can. Unfortu- determine what truly is best for them. tively allow most corporations to go untaxed. nately EPA has decided not to use that flexi- I remain concerned that this regulation will In fact, a report by the General Accounting Of- bility. EPA has determined that paying $1,000 have very adverse economic impacts on thou- fice found that, on average, 61 percent of all per year per user for the smaller water sys- sands of rural communities across the nation, U.S. corporations reported no tax liability be- tems to meet the arsenic standard is afford- without addressing legitimate human health tween 1996 and 2000. But under this budget able. concerns. Since there is no economically fea- legislation we couldn’t make a single one of We know that many of our rural commu- sible way for small communities to meet this those corporations pay the taxes they owe so nities have low-income residents who make standard and the standard may result in no that I could provide Medicare beneficiaries the difficult decisions each month. They must health benefits, I support allowing each eligible prescription drug benefit they deserve. choose which bills to pay and which to put off. rural community to decide whether to comply. Not so many years ago we enjoyed a pro- These folks aren’t worried about the cable bill; I encourage you to join me in cosponsoring jected $5.6 trillion surplus that could have put they’re worried about being able to cover their the Small Community Options for Regulatory a huge dent in our national debt, or paid for heat, food, power and even prescription drug Equity Act

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 0626 Sfmt 0634 E:\CR\FM\A25JN8.122 E25PT1 E1290 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 PERSONAL EXPLANATION The Rev. Robert W. Bullock, who died this No. 314, Spratt Substitute—To extend the weekend at age 75, had been an everyday PAYGO requirement through September 30, kind of hero for a very long time. A chaplain 2009. I would have voted ‘‘yes.’’ HON. JIM McDERMOTT at Brandeis University and later a parish OF WASHINGTON priest in Sharon, he forged lasting ties with No. 315, Hensarling Substitute which sets IN THE HOUSE OF REPRESENTATIVES the Jewish community, visiting Israel, writ- yearly caps on total entitlement spending. I Friday, June 25, 2004 ing on the Holocaust and speaking out would have voted ‘‘no.’’ against anti-Semitism. No. 316, Kirk Substitute—Caps spending on Mr. MCDERMOTT. Mr. Speaker, I missed But when the scandal of clergy sexual all entitlements other than Social Security, some votes on June 23rd and June 24th, abuse broke, Father Bullock went from quiet medicare and Railroad Retirement. I would 2004. Had I been able to, I would have voted: hero to noisy and courageous critic of the have voted ‘‘no.’’ June 23—‘‘No’’ on the Boehlert amendment church hierarchy and Bernard Cardinal Law in particular. He headed the Boston Priests No. 317, Motion to Recommit—The Sten- to H.R. 4548 (rollcall vote No. 291); ‘‘No’’ on holm motion would restore the Pay-as-you-go the Johnson amendment to H.R. 4548 (rollcall Forum, which called on Law to step down in law requiring both taxcuts and spending be vote No. 292); ‘‘No’’ on the Rogers amend- December 2002. His was a courage born of faith, the kind of paid for. I would have voted ‘‘yes.’’ ment to H.R. 4548 (rollcall vote No. 293); courage that will truly be missed around No. 318, Final Passage of H.R. 4663—Pay- ‘‘Yes’’ on the Shays amendment to H.R. 4548 here. But the inspiration that his life was as-you-go Budget Enforcement bill. I would (rollcall vote No. 294); ‘‘Yes’’ on the Kucinich lives on. have voted ‘‘no.’’ amendment to H.R. 4548 (rollcall vote No. f No. 319, H. Res. 691—Congratulating the 295); ‘‘Yes’’ on the Simmons amendment to interim government of Iraq on its assumption H.R. 4548 (rollcall vote No. 296); ‘‘Yes’’ on the PERSONAL EXPLANATION of full responsibility and authority as a sov- Reyes amendment to H.R. 4548 (rollcall vote ereign government. I would have voted ‘‘yes.’’ No. 297); ‘‘No’’ on the Johnson amendment to HON. STEPHANIE TUBBS JONES H.R. 4548 (rollcall vote No. 298); ‘‘Yes’’ on the OF OHIO f motion to recommit H.R. 4548 (rollcall vote IN THE HOUSE OF REPRESENTATIVES SUPPORTING NEARLY 200,000 No. 299); ‘‘No’’ on final passage of H.R. 4548 Friday, June 25, 2004 AMERICANS WORKING TO SE- (rollcall vote No. 300). Mrs. JONES of Ohio. Mr. Speaker, I ask CURE, RECONSTRUCT AND ES- June 24—‘‘Yes’’ on H. Res. 685 (rollcall unanimous consent that the following state- TABLISH STABILITY IN IRAQ vote No. 301); ‘‘No’’ on the previous question ment appear in the appropriate place in the (rollcall vote No. 302); ‘‘No’’ on the rule for CONGRESSIONAL RECORD behind the votes for HON. BETTY McCOLLUM H.R. 4663 (rollcall vote No. 303); ‘‘Yes’’ on H. Thursday, June 24, 2004: unfortunately, I was OF MINNESOTA Res. 676 (rollcall vote No. 304); ‘‘No’’ on the unavoidably detained. Had I been present for IN THE HOUSE OF REPRESENTATIVES Brady amendment to H.R. 4663 (rollcall vote the recorded Rollcall votes Nos. 301–319, I Friday, June 25, 2004 No. 305); ‘‘No’’ on the Chocola amendment to would have voted in the following way: H.R. 4663 (rollcall vote No. 306) ‘‘No’’ on the No. 301, H. Res. 685—Resolution offered Ms. MCCOLLUM. Mr. Speaker, I rise today Castle amendment to H.R. 4663 (rollcall vote by Mr. OBEY of Wisconsin revising the concur- to support the nearly 200,000 American serv- No. 307); ‘‘No’’ on the Hensarling amendment rent resolution on the budget for FY 2005. I icemen and women, civilian government offi- to H.R. 4663 (rollcall vote No. 308); ‘‘No’’ on would have voted ‘‘yes.’’ cials and private contractors working to se- the Hensarling amendment to H.R. 4663 (roll- No. 302, On ordering the previous question cure, reconstruct and establish stability in Iraq. call vote No. 309); ‘‘No’’ on the Kirk amend- providing for consideration of the bill H.R. Their collective service and sacrifices, and the ment to H.R. 4663 (rollcall vote No. 310); ‘‘No’’ 4663. I would have voted ‘‘no.’’ sacrifices made by their families in their ab- on the Ryan amendment to H.R. 4663 (rollcall No. 303, Rule providing for consideration of sence, are to be honored and profoundly re- vote No. 311); ‘‘No’’ on the Ryan amendment H.R. 4663—Pay-as-you-go Budget Enforce- spected. to H.R. 4663 (rollcall vote No. 312); ‘‘No’’ on ment bill. I would have voted ‘‘no.’’ The brave and proud people of Iraq also de- the Ryan amendment to H.R. 4663 (rollcall No. 304, H. Res. 676—40th Anniversary of serve to be recognized for enduring a very dif- vote No. 313); ‘‘Yes’’ on the Spratt substitute passage of the Civil Rights Act of 1964. I ficult and often violent transition from brutal to H.R. 4663 (rollcall vote No. 314); ‘‘No’’ on would have voted ‘‘aye.’’ authoritarian rule to the beginnings of self-rule. the Hensarling substitute to H.R. 4663 (rollcall No. 305, Brady/Turner Amendment to estab- There remains years of work ahead by the vote No. 315); ‘‘No’’ on the Kirk substitute to lish a Commission on Elimination of Federal Iraqi people and their journey will be difficult H.R. 4663 (rollcall vote No. 316); ‘‘Yes’’ on the Agencies. I would have voted ‘‘no.’’ and bloody, but the path to an open, stabile motion to recommit (rollcall vote No. 317); No. 306, Chocola Amendment to replace and prosperous Iraq now lies ahead of them. ‘‘No’’ on final passage of H.R. 4663 (rollcall the 20 budget functions with a one page budg- The current situation in Iraq and the June vote No. 318); ‘‘No’’ on H. Res. 691 (rollcall et that divides spending into 5 categories. I 30, 2004 transfer of limited sovereignty re- vote No. 319). would have voted ‘‘no.’’ quires U.S. policy makers and elected leaders No. 307, Hastings/Castle amendment to f to examine the very difficult reality of today eliminate the requirement to include 20 budget and tomorrow with determination and honesty, ‘‘A HERO WALKED AMONG US’’ functions and replace it with 4 basic pieces of rather than the best-case planning and irra- budget data. I would have voted ‘‘no.’’ No. 308, Hensarling #11 Amendment setting tional optimism that has plagued the occupa- HON. BARNEY FRANK tion for the past twelve months. The U.S. oc- OF MASSACHUSETTS yearly caps on total entitlement spending. I cupation will continue on July 1, 2004 and IN THE HOUSE OF REPRESENTATIVES would have voted ‘‘no.’’ tens of thousands of Americans remain work- Friday, June 25, 2004 No. 309, Hensarling #12 Amendment which would have provided for an automatic Con- ing in a very dangerous war zone for an in- Mr. FRANK of Massachusetts. Mr. Speaker, tinuing Resolution if spending bills are not definite number of months or years. last Sunday, the people of Massachusetts, passed by the beginning of the fiscal year. I Today, over one hundred Iraqis and three and particularly of the town of Sharon in my would have voted ‘‘no.’’ American soldiers were killed in a series of co- Congressional district, lost a great priest to ill- No. 310, Kirk Amendment which would re- ordinated attacks across Iraq. Hundred more ness. Father Robert Bullock exemplified the quire the CBO to report by February 15 on Iraqis were seriously wounded. Yet, today in virtues of the priesthood. He was a wise, lov- spending priorities exceeding projections. I this House we debate House Resolution 691 ing, kind man of great compassion and unim- would have voted ‘‘no.’’ which calls for the American people to ‘‘cele- peachable integrity. His death at 75 saddened No. 311, The Ryan (WI)/Gutknecht amend- brate the restoration of freedom in Iraq’’ with all who knew of him and indeed all who knew ment converting the concurrent resolution on the June 30th transfer of authority. The ab- of his great work. On Tuesday, June 22, the the budget into a joint resolution. I would have surdity and contradiction between the reality in Boston Herald published a pithy but profound voted ‘‘no.’’ Iraq and this resolution’s call for Americans to editorial about the death of this wonderful No. 312, Ryan (WI)/Neugebauer on the lock celebrate in the face of a murderous day and priest and I ask that it be reprinted here. box approach to budget savings. I would have difficult days, months and years ahead is [From the Boston Herald, June 22, 2004] voted ‘‘no.’’ something I cannot support. A HERO WALKED AMONG US No. 313, Ryan (WI)/Stenholm/Castle—an Iraq is a war zone, where guerilla-style at- Heroes come in many forms, often shaped amendment providing for expedited rescis- tacks take place everyday and our troops op- by their times. sions. I would have voted ‘‘no.’’ erate in an extremely hazardous environment.

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.125 E25PT1 June 25, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1291 There is a phenomenal amount of work that curs. Attention was drawn to the practice in jective is to rationalize and accelerate the tran- still needs to be done before Iraq and the September 2002 when Maher Arar, a Cana- sition of the Balkan countries to full market world can celebrate sovereignty. dian citizen, was seized while in transit to economies. The purpose behind the Balkan Mr. Speaker, I know the people of Min- Canada through JFK airport, and sent to Jor- Organization for National Financial Develop- nesota honor the service of tens of thousands dan and later Syria at the request of the CIA. ment (BONAFIDE) is the promotion of U.S. in- of brave Americans serving in Iraq with their While in Syria, Arar was tortured and held in vestment in the region by facilitating the har- thoughts and prayers every day, as do I. We a dark, 3–by–6–foot cell for nearly a year. He monization of the ethics, laws and regulations also share in the mourning with the families of was ultimately released and detailed his story governing business, investment and the finan- service men and women who have died in to the media upon his return to Canada. cial markets in these countries with those of Iraq. We support the men and women who In October 2002, outgoing CIA director the United States. have come home wounded and need support George Tenet testified to the 9/11 Commission History is clear, Mr. Speaker. The greatest and time to heal. We witness the tragic deaths that over 70 people had been subject to ex- speed, quality and durability of the transition to of Iraqi women, men and children and feel an- traordinary rendition before September 11, democracy in this culturally and politically guish at the unending violence. 2001. The numbers since then are classified. complex region will not be achieved solely Mr. Speaker, this is no time for the Amer- Human rights organizations including Amnesty through diplomatic pressure and direct foreign ican people or the people of the world to cele- International, Human Rights Watch, the Center assistance. Instead, this transition is best brate as House Resolution 691 urges. On July for Constitutional Rights and the ACLU have achieved through positive pressures devel- 1, 2004, the first step toward Iraqi autonomy detailed numerous cases of extraordinary ren- oped within these economies through the posi- will be taken and the long and difficult path to dition and are pursuing litigation in some of tive participation our companies and institu- peace, security and hope begins. It is at the them. On June 21, the Canadian government tions in legitimately participating in their end of this path—when Iraqi sovereignty does launched an investigation into Arar’s case. growth. not require 140,000 U.S. troops to support it This practice is inconsistent with U.S. and In the past, there was an accepted and es- and when peace is real and the Iraqi people international law and is a moral outrage. It tablished manner of conducting business and are celebrating their own freedom from occu- must be stopped. If the Bush administration working with government in these countries pation and violence—that the Congress, the continues to permit this sort of outsourced, that was, by most measures, corrupt. The re- American people and the world should join third-party torture, it is more likely that our own ality is that the lack of laws promoted this them in the celebration. troops in Iraq could be subject to the same weakness. Today, with anti-corruption laws in We should be planning for success in Iraq, type of brutal treatment. I have recently intro- place, the lack of enforcement institutions and not planning for a celebration. duced legislation, H.R. 4674, that directs the transparency are in some cases promoting the f State Department to compile a list of countries perpetuation of these practices. The situation that commonly practice torture or cruel, inhu- THE 2004 INTERNATIONAL DAY IN is improving, but it is by no means where it mane or degrading treatment during detention needs to be. As I see it, we can sit on the SUPPORT OF VICTIMS OF TOR- and interrogation, and prohibits rendition to TURE sidelines and lament the corruption of the past any nation on this list, unless the Secretary of and the present, or we can support construc- State certifies that the nation has made signifi- tive programs and look to the future. HON. EDWARD J. MARKEY cant progress in human rights. The bill explic- We can sit back and allow the other nations OF MASSACHUSETTS itly permits legal, treaty-based extradition, in and their companies to participate in the tre- IN THE HOUSE OF REPRESENTATIVES which suspects have the right to appeal in a mendous economic potential in the region Friday, June 25, 2004 U.S. court to block the proposed transfer while imposing their own models of business based on the likelihood that they would be Mr. MARKEY. Mr. Speaker, tomorrow we ethics on these developing economies, or we subjected to torture or other inhumane treat- can aggressively promote competitive U.S. in- will observe the seventh International Day in ment. Support of Victims of Torture. The date June vestment and develop business ethics like Extraordinary rendition to countries known ours. We need to help concentrated wealth 26 is no accident: it was on June 26, 1987 to practice torture amounts to outsourcing tor- that the International Convention Against Tor- achieved in a time when there was an ab- ture. It is morally repugnant to allow such a sence of law transitioned into a framework of ture came into effect, and on June 26, 1945 practice to continue. H.R. 4674 is designed to the United Nations Charter was signed. Trag- legitimate business. This is the purpose of the ensure that we not only ban torture conducted BONAFIDE organization. ically, torture and other severe human rights by our own forces but we also stop the prac- BONAFIDE is funded exclusively by busi- abuses continue in many countries around the tice of contracting out torture to other nations. ness and industry in the Balkans, including globe to this day. Torture enabled by extraordinary rendition is companies and individuals from the banking, Even more tragically, the world has seen in outrageous and could expose our own forces railroad, mining, petroleum, telecommuni- the past few months that the United States is to the same type of treatment. not as firmly placed as it should be among It is also deeply foolish of the Bush adminis- cations, and agriculture industries, as well as those nations that abhor and fully reject tor- tration to allow any questions to be raised as individuals who see the clear benefits of a ture. The prison abuses at Abu Ghraib have to America’s rejection of torture. Quite simply, closer alignment with the United States and its disappointed all Americans. Although Presi- actions such as those at Abu Ghraib and the economic principles and practices, such as dent Bush has asserted that ‘‘the values of ongoing practice of extraordinary rendition en- leading financial institutions and corporations this country are such that torture is not a part danger American soldiers and civilians who from the Republic of Serbia, Bosnia & of our soul and our being’’ much of the world may be captured in Iraq, Afghanistan or else- Herzegovina, Republica Srpska and Bulgaria, remains skeptical about the Bush administra- where. By failing to firmly bar methods of tor- as well as individuals who have come, not un- tion’s commitment to repudiation of torture in ture with U.S. detainees, the Bush administra- scathed, through this period of vague law, light of the recent revelations about internal tion has increased the likelihood that Ameri- such as Sorin Vintu of Romania. These com- administration legal memoranda which at- cans overseas will be tortured or subjected to panies and individuals are concerned that the tempted to carve out broad exemptions from inhumane treatment. concentration of investment from countries domestic and international prohibitions on tor- other than the U.S. will have the effect of stag- f ture based on the Presidential power as Com- nating reforms and, therefore, growth. They mander-in-Chief. BALKAN ORGANIZATION FOR NA- are now committed to the early adoption and While the Abu Ghraib revelations were ap- TIONAL FINANCIAL DEVELOP- implementation of regulatory and enforcement palling, there is another practice going on right MENT reforms and transparency in their countries on now which merits equal attention, and that is the U.S. model, not the German or Russian the outsourcing of torture by this administra- HON. CHRIS CANNON model. tion. Under a practice known as ‘‘extraordinary OF UTAH BONAFIDE, through its headquarters in rendition,’’ the CIA delivers terrorism suspects IN THE HOUSE OF REPRESENTATIVES Washington, will promote the accelerated har- in U.S. custody both domestically and abroad monization of national laws, regulations and to foreign governments known to use torture Friday, June 25, 2004 best business practices for the Balkans with for the purpose of interrogation. This extra ju- Mr. CANNON. Mr. Speaker, I rise today to those of the United States through an aggres- dicial practice has received little attention be- recognize the establishment of a new and in- sive education exchange and cooperation pro- cause of the great secrecy with which it oc- novative non-profit foundation whose sole ob- gram. BONAFIDE will facilitate collaborative

VerDate jul 14 2003 07:28 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 0626 Sfmt 9920 E:\CR\FM\A25JN8.130 E25PT1 E1292 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2004 working visits of U.S. legislators and regu- RECOGNIZING SCORE and operating a small business is a serious lators with their counterparts in the region; be- risk, and it is not easy. tween leaders of industry, financial services HON. GINNY BROWN-WAITE Many hard-working, skilled, brilliant Ameri- and law and their counterparts in the Balkans; OF FLORIDA cans have all the ambition and specialized and of academic leaders with government, IN THE HOUSE OF REPRESENTATIVES knowledge to take that risk—but they lack the business and educational institutions in these Friday, June 25, 2004 business knowledge and experience nec- countries. Ms. GINNY BROWN-WAITE of Florida. Mr. essary to be successful. That is why I’d like to Speaker, I rise today to honor a valuable, non- thank everyone at SCORE for giving these Mr. Speaker, I welcome the establishment ambitious, eager, hard-working Americans the of this new organization and organizations like profit association helping America’s small busi- nesses and entrepreneurs. The organization I last tool they need to make their endeavor a it and I strongly support the objectives they speak of is SCORE, Counselors to America’s success. promote. Small Businesses. I’d like to thank SCORE and all of their Small businesses are vital to our commu- members and employees for their philan- nities and our economy. They add jobs, add thropy, advocacy, and dedication to American dollars to local economies, and provide a valu- small businesses. I’m pleased to honor them able sense of community. However starting on the floor of this House.

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Highlights The House agreed to S. Con. Res. 120, providing for the conditional re- cess at adjournment of the Senate and the House. The House passed H.R. 4614, Energy and Water Development Appro- priations Act for FY 2005. Protecting Intellectual Rights Against Theft and Chamber Action Expropriation Act: Senate passed S. 2237, to amend Routine Proceedings, pages S7505–S7528 chapter 5 of title 17, United States Code, to author- Measures Introduced: One bill was introduced as ize civil copyright enforcement by the Attorney follows: S. 2606. Page S7518 General. Pages S7522–23 Measures reported: Artists’ Rights and Theft Prevention Act: Senate S. 2180, to direct the Secretary of Agriculture to passed S. 1932, to provide criminal penalties for un- exchange certain lands in the Arapaho and Roosevelt authorized recording of motion pictures in a motion National Forests in the State of Colorado, with an picture exhibition facility, to provide criminal and amendment in the nature of a substitute. (S. Rept. civil penalties for unauthorized distribution of com- No. 108–285) mercial prerelease copyrighted works, after agreeing S. 2243, to extend the deadline for commence- to the committee amendment in the nature of a sub- ment of construction of a hydroelectric project in the stitute. Pages S7524–27 State of Alaska. (S. Rept. No. 108–286) Servitude and Emancipation Archival Research H.R. 1648, to authorize the Secretary of the Inte- Clearinghouse Act: Senate passed S. 1292, to estab- rior to convey certain water distribution systems of lish a servitude and emancipation archival research the Cachuma Project, California, to the Carpinteria clearinghouse in the National Archives, after agree- Valley Water District and the Montecito Water Dis- ing to the committee amendments. Page S7527 trict. (S. Rept. No. 108–287) Identity Theft Penalty Enhancement Act: Senate H.R. 1732, to amend the Reclamation Waste- passed H.R. 1731, to amend title 18, United States water and Groundwater Study and Facilities Act to Code, to establish penalties for aggravated identity authorize the Secretary of the Interior to participate theft, clearing the measure for the President. in the Williamson County, Texas, Water Recycling Page S7527 and Reuse Project. (S. Rept. No. 108–288) Tribal Forest Protection Act: Senate passed H.R. H.R. 3209, to amend the Reclamation Project 3846, to authorize the Secretary of Agriculture and Authorization Act of 1972 to clarify the acreage for the Secretary of the Interior to enter into an agree- which the North Loup division is authorized to pro- ment or contract with Indian tribes meeting certain vide irrigation water under the Missouri River Basin criteria to carry out projects to protect Indian forest project. (S. Rept. No. 108–289) land, clearing the measure for the President. S. 2479, to amend chapter 84 of title 5, United Page S7527 States Code, to provide for Federal employees to AUTHORITY FOR COMMITTEES—AGREE- make elections to make, modify, and terminate con- MENT: A unanimous-consent agreement was tributions to the Thrift Savings Fund at any time. reached providing that notwithstanding the adjourn- (S. Rept. No. 108–290) Page S7518 ment of the Senate, all committees were authorized Measures Passed: to file legislative and executive reports during the CREATE Act: Senate passed S. 2192, to amend adjournment of the Senate on Wednesday, June 30, title 35, United States Code, to promote cooperative 2004, from 10 a.m. until 12 noon. Page S7520 research involving universities, the public sector, and SIGNING AUTHORITY—AGREEMENT: A private enterprises. Pages S7520–22 unanimous-consent agreement was reached providing D703

VerDate jul 14 2003 06:59 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN4.REC D25JN4 D704 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 2004 that during this adjournment of the Senate, the Ma- tions during her tenure of service as Deputy Rep- jority Leader and Senator Warner, be authorized to resentative of the United States of America to the sign duly enrolled bills or joint resolutions. United Nations. Page S7520 Suzanne Hale, of Virginia, to be Ambassador to APPOINTMENT AUTHORITY—AGREE- the Federated States of Micronesia. MENT: A unanimous-consent agreement was James D. McGee, of Florida, to be Ambassador to reached providing that notwithstanding the adjourn- the Republic of Madagascar. (Prior to this action, ment of the Senate, the President of the Senate, the Committee on Foreign Relations was discharged President pro tempore, and the Majority and Demo- from further consideration.) cratic Leaders be authorized to make appointments Joyce A. Barr, of Washington, to be Ambassador to commissions, committees, boards, conferences, or to the Republic of Namibia. (Prior to this action, interparliamentary conferences authorized by law, by Committee on Foreign Relations was discharged concurrent action of the two Houses, or by order of from further consideration.) the Senate. Page S7520 William R. Brownfield, of Texas, to be Ambas- NOMINATION—AGREEMENT: A unanimous- sador to the Bolivarian Republic of Venezuela. consent agreement was reached providing for the June Carter Perry, of the District of Columbia, to consideration of the nomination of J. Leon Holmes, be Ambassador to the Kingdom of Lesotho. (Prior to of Arkansas, to be United States District Judge for this action, Committee on Foreign Relations was dis- the Eastern District of Arkansas, at 9:45 a.m., on charged from further consideration.) Tuesday, July 6, 2004, with six hours of debate Charles P. Ries, of the District of Columbia, to be equally divided between the Chairman and Ranking Ambassador to Greece. Member of the Committee on the Judiciary, or their R. Barrie Walkley, of California, to be Ambas- designees, followed by a vote on confirmation of the sador to the Gabonese Republic, and to serve concur- nomination. Page S7519 rently and without additional compensation as Am- bassador to the Democratic Republic of Sao Tome Nominations Confirmed: Senate confirmed the fol- and Principe. (Prior to this action, Committee on lowing nominations: Foreign Relations was discharged from further con- Benjamin A. Gilman, of New York, to be a Rep- sideration.) resentative of the United States of America to the Fifty-eighth Session of the General Assembly of the Ralph Leo Boyce, Jr., of Virginia, to be Ambas- United Nations. sador to the Kingdom of Thailand. Joseph D. Stafford III, of Florida, to be Ambas- John Marshall Evans, of the District of Columbia, sador to the Republic of The Gambia. to be Ambassador to the Republic of Armenia. Lewis W. Lucke, of Texas, to be Ambassador to Cynthia G. Efird, of the District of Columbia, to the Kingdom of Swaziland. be Ambassador to the Republic of Angola. (Prior to Jackson McDonald, of Florida, to be Ambassador this action, Committee on Foreign Relations was dis- to the Republic of Guinea. (Prior to this action, charged from further consideration.) Committee on Foreign Relations was discharged Tom C. Korologos, of the District of Columbia, from further consideration.) to be Ambassador to Belgium. R. Niels Marquardt, of California, a Career Mem- Christopher William Dell, of New Jersey, to be ber of the Senior Foreign Service, Class of Counselor Ambassador to the Republic of Zimbabwe. (Prior to to be Ambassador to the Republic of Cameroon, and this action, Committee on Foreign Relations was dis- to serve concurrently and without additional com- charged from further consideration.) pensation as Ambassador to the Republic of Equa- Douglas L. McElhaney, of Florida, to be Ambas- torial Guinea. sador to Bosnia and Herzegovina. James Francis Moriarty, of Virginia, to be Ambas- William T. Monroe, of Virginia, to be Ambas- sador to the Kingdom of Nepal. sador to the Kingdom of Bahrain. Anne W. Patterson, of Virginia, to be Deputy A routine list in the Foreign Service. Page S7528 Representative of the United States of America to Messages From the House: Page S7517 the United Nations, with the rank and status of Ambassador, and the Deputy Representative of the Measures Referred: Page S7517 United States of America in the Security Council of Measures Placed on Calendar: Pages S7517, S7527 the United Nations. Measures Read First Time: Pages S7517, S7527 Anne W. Patterson, of Virginia, to be a Rep- resentative of the United States of America to the Enrolled Bills Presented: Page S7517 Sessions of the General Assembly of the United Na- Additional Cosponsors: Page S7518

VerDate jul 14 2003 06:59 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN4.REC D25JN4 June 25, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D705 Statements on Introduced Bills/Resolutions: Organization of American States (OAS) Permanent Pages S7518–19 Council Resolution 833, to strengthen Venezuelan Additional Statements: Pages S7516–17 democracy and bring an end to political conflict, after receiving testimony from Roger F. Noriega, As- Adjournment: Senate met at 9:30 a.m., and, in ac- sistant Secretary of State for Western Hemisphere cordance with the provisions of S. Con. Res. 120, Affairs; John F. Maisto, U.S. Permanent Representa- adjourned at 11:40 a.m., until 9:45 a.m., on Tues- tive to the Organization of American States; Jennifer day, July 6, 2004. (For Senate’s program, see the re- McCoy, Carter Center, Atlanta, Georgia; and Jose marks of the Majority Leader in today’s Record on Miguel Vivanco, Human Rights Watch, Miguel page S7528.) Diaz, Center for Strategic and International Studies, Roger Tissot, PFC Energy, and Mark Weisbrot, Cen- Committee Meetings ter for Economic and Policy Research, all of Wash- ington, D.C. (Committees not listed did not meet) PERKINS VOCATIONAL AND TECHNICAL IRAQ EDUCATION ACT Committee on Armed Services: Committee concluded a Committee on Health, Education, Labor, and Pensions: hearing to examine the transition to sovereignty in On Thursday, June 24, Committee concluded a hear- Iraq, focusing on U.S. policy, ongoing military oper- ing to examine the reauthorization of the Carl D. ations, and status of U.S. Armed Forces, after receiv- Perkins Vocational and Technical Education Act, fo- ing testimony from Paul D. Wolfowitz, Deputy Sec- cusing on community colleges, the challenges of retary of Defense; Richard L. Armitage, Deputy Sec- serving rural populations, and ‘‘Project Lead the retary of State; and General Richard B. Myers, Way’’, after receiving testimony from Michael Rush, USAF, Chairman, Joint Chiefs of Staff. Idaho Division of Professional-Technical Education, Boise; Frank Blankenship, Columbiana County Ca- DEMOCRACY IN VENEZUELA reer and Technical Center, Lisbon, Ohio; Jo Anne Committee on Foreign Relations: On Thursday, June 24, McFarland, Central Wyoming College, Riverton; Subcommittee on Western Hemisphere, Peace Corps, Harry Lightsey, BellSouth, Columbia, South Caro- and Narcotics Affairs concluded a hearing to exam- lina; and Angela Olszewski, Nontraditional Employ- ine the state of democracy in Venezuela, focusing on ment for Women (NEW), New York, New York. h House of Representatives H.R. 1716, to amend title 38, United States Chamber Action Code, to improve educational assistance programs of Measures Introduced: 40 public bills, H.R. the Department of Veterans Affairs for apprentice- 4714–4753; and 4 resolutions, H. Con. Res. 468, ship or other on-job training, amended (H. Rept. and H. Res. 698–700, were introduced. 108–572, Pt. 1); and Pages H5149–50 H.R. 2828, to authorize the Secretary of the Inte- Additional Cosponsors: Pages H5150–51 rior to implement water supply technology and in- frastructure programs aimed at increasing and diver- Reports Filed: Reports were filed today as follows: sifying domestic water resources, amended (H. Rept. H.R. 3819, to redesignate Fort Clatsop National 108–573, Pt. 1). Page H5148 Memorial as the Lewis and Clark National Historical Park, to include in the park sites in the State of Energy and Water Development Appropriations Act for FY 2005: The House passed H.R. 4614, Washington as well as the State of Oregon, amended making appropriations for energy and water develop- (H. Rept. 108–570); ment for the fiscal year ending September 30, 2005, H.R. 2831, to authorize the Secretary of the Inte- by a yea and nay vote of 370 yeas to 16 nays, Roll rior to convey the Newlands Project Headquarters No. 325. Pages H5074–H5131 and Maintenance Yard Facility to the Truckee-Car- Agreed to limit the number of amendments made son Irrigation District, amended (H. Rept. in order in the Committee of the Whole and the 108–571); time for debate on those amendments. Page H5119

VerDate jul 14 2003 06:59 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN4.REC D25JN4 D706 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 2004 Agreed to: Section 105 of Title I regarding the flood protec- Hobson amendment that prohibits the use of tion project at Alamogordo, New Mexico; funds to finance laboratory directed research and de- Pages H5105–06 velopment activities at the Department of Energy Section 106 of Title I regarding Public Law laboratories on behalf of other Federal agencies; 106–541; Pages H5105–06 Page H5111 Section 107 of Title I regarding flood damage re- Eshoo amendment that prohibits the use of funds duction at Mill Creek in Cincinnati, Ohio; to deny requests for the public release of documents Page H5106 or evidence obtained through or in the Western En- Section 108 of Title I regarding the environ- ergy Markets: Enron Investigation, the California mental dredging project at Ashtabula River, Ohio; Refund case, the Anomalous Bidding Investigation, Page H5106 or the Physical Withholding Investigation; Section 109 of Title I regarding the Central Pages H5111–16 Riverfront Park project on the Ohio Riverfont in Rejected: Cincinnati, Ohio; Page H5106 Norton amendment (No. 4 printed in the Con- Section 110 of Title I regarding the revolving gressional Record of June 24) that sought to increase fund for dredge projects; Page H5106 funding for construction for the Civil Department of Section 311 relating to the prohibition on the use the Army; Pages H5102–06 of funds for laboratory directed research and develop- Sanders amendment (No. 5 printed in the Con- ment activities at Department of Energy laboratories gressional Record of June 24) that sought to increase on behalf of other Federal agencies; Pages H5110–11 funding for energy supply activities in carrying out Section 502 regarding the purchase of American- the purposes of the Department of Energy Organiza- made equipment and products; Page H5122 tion Act (by a recorded vote of 150 ayes to 241 Section of the bill (pages 39, line 23 through page noes, Roll No. 321); (agreed to limit the time for 40, line 4) regarding the prohibition of funds to debate on the amendment) Pages H5106–11, H5128–29 issue a license during fiscal year 2005 for the con- Wilson of New Mexico amendment that sought to struction or operation of a new commercial nuclear increase funding for defense nuclear nonproliferation power plant in the U.S. Pages H5122–23 (by a recorded vote of 163 ayes to 224 noes, Roll No. 322); (agreed to limit time for debate on the H. Res. 694, the rule providing for consideration of the bill was agreed to by a voice vote, after agree- amendment) Pages H5118–19, H5128–29 Meehan amendment that sought to increase fund- ing to order the previous question by a yea and nay ing for defense nuclear nonproliferation (by a re- vote of 209 yeas to 182 nays, Roll No. 320. corded vote of 151 ayes to 235 noes, Roll No. 323); Page H5083 and Pages H5123–25, H5129 Independence Day District Work Period: The Hefley amendment (No. 1 printed in the Congres- House agreed to S. Con. Res. 120, providing for the sional Record of June 23) that reduces the total conditional recess or adjournment of the Senate and funding in the Act by one percent (by a recorded the conditional adjournment of the House. vote of 68 ayes to 319 noes, Roll No. 324); Page H5083 Pages H5126, H5130 Late Reports: Agreed that the Committee on Ap- Withdrawn: propriations have until midnight on July 2 to file Hefley amendment (No. 2 printed in the Congres- late reports on the bill making appropriations for the sional Record of June 23) that was offered and sub- Departments of Commerce, Justice, and State, the sequently withdrawn that would have reduced fund- Judiciary and related agencies, and a bill making ap- ing for the Appalachia Regional Commission; propriations for the Legislative Branch. Pages H5116–18 Pages H5083–84 Inslee amendment that was offered and subse- quently withdrawn that would have prohibited the Speaker Pro Tempore: Read a letter from the use of funds to make ‘‘waste incidental to reprocess- Speaker wherein he appointed Representative Bart- ing’’ determinations in order to reclassify high-level lett, or if not available, Representative Pence to act radioactive waste; Pages H5125–26 as Speaker Pro Tempore to sign enrolled bills and Point of Order sustained against: joint resolutions through July 6. Page H5132 Section of the bill (page 2, line 23 through page Late Reports: Agreed that the Committee on 3, line 5) regarding the Southwest Valley Flood Science be allowed to have until 4 p.m. on July 2 Damage Reduction Study in Albuquerque, New to file reports on H.R. 4218, H.R. 4516, H.R. Mexico; Page H5101 3890, H.R. 3598, and H.R. 3980. Page H5131

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Further agreed that the Committee on Financial Adjournment: The House met at 9 a.m. and at Services have until midnight on July 2 to file a re- 5:07 p.m., pursuant to the provisions of S. Con. Res. port on H.R. 3574. Page H5131 120, the House stands adjourned until 2 p.m. on Calendar Wednesday: Agreed to dispense with the Tuesday, July 6, 2004. Calendar Wednesday business of Wednesday, July 7. Page H5132 Committee Meetings Senate Message: Messages received from the Senate today appear on pages H5073, H5131. FOOD SECURITY Senate Referrals: S. Con. Res. 83 was referred to Committee on Energy and Commerce: Subcommittee on the Committee on International Relations; S. 2322 Health held a hearing entitled ‘‘Implementation of and 1292 were referred to the Committee on Gov- the Food Security Provisions of the Public Health ernment Reform; S. 1932 and S. 2237 were referred Security and Bioterrorism Preparedness and Response to the Committee on the Judiciary; and S. 2191 was Act.’’ Testimony was heard from Lester M. Crawford, held at the desk. Page H5146 Acting Commissioner, Food and Drug Administra- Amendments: Amendments ordered printed pursu- tion, Department of Health and Human Services; ant to the rule appear on pages H5151. Cathy Sauceda, Director, Special Enforcement Divi- Quorum Calls—Votes: Two yea and nay votes and sion, U.S. Customs and Border Protection, Depart- four recorded votes developed during the proceedings ment of Homeland Security; Doug Saunders, Pro- of today and appear on pages H5083, H5128, gram Manager, Office of Dairy and Foods, Depart- H5128–29, H5129–30, H5130 and H5130–31. ment of Agriculture and Consumer Services, State of There were no quorum calls. Virginia; and public witnesses.

VerDate jul 14 2003 06:59 Jun 26, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN4.REC D25JN4 D708 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, July 6 2 p.m., Tuesday, July 6

Senate Chamber House Chamber Program for Tuesday: Senate will begin consideration of the Program for Tuesday: To be announced. nomination of J. Leon Holmes to be United States District Judge for the Eastern District of Arkansas, with six hours for debate, followed by a vote on confirmation of the nomination. Also, Senate will begin consideration of S. 2062, Class Action Fairness Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- spective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Dooley, Calvin M., Calif., E1278 Kind, Ron, Wisc., E1238, E1270 Oxley, Michael G., Ohio, E1274, E1277 Doolittle, John T., Calif., E1257 Kolbe, Jim, Ariz., E1251 Paul, Ron, Tex., E1282 Alexander, Rodney, La., E1237 Faleomavaega, Eni F.H., American Kucinich, Dennis J., Ohio, E1242, E1244, Pelosi, Nancy, Calif., E1287 Baca, Joe, Calif., E1240 Samoa, E1239 E1246, E1272, E1275 Porter, Jon C., Nev., E1267 Bachus, Spencer, Ala., E1249, E1258 Farr, Sam, Calif., E1265, E1284 Lampson, Nick, Tex., E1265 Portman, Rob, Ohio, E1251, E1254, E1279 Baird, Brian, Wash., E1286 Ford, Harold E., Jr., Tenn., E1288 Lee, Barbara, Calif., E1246, E1252, E1277, Putnam, Adam H., Fla., E1278 Baldwin, Tammy, Wisc., E1284 Frank, Barney, Mass., E1290 E1280 Rahall, Nick J., II, W.Va., E1248 Berman, Howard L., Calif., E1246, E1247 Frelinghuysen, Rodney P., N.J., E1242, Levin, Sander M., Mich., E1273, E1276 Berry, Marion, Ark., E1253, E1284 E1245, E1246 Lewis, Jerry, Calif., E1243, E1245 Rogers, Mike, Ala., E1256 Blumenauer, Earl, Ore., E1281 Gerlach, Jim, Pa., E1257 LoBiondo, Frank A., N.J., E1247, E1250 Ross, Mike, Ark., E1240, E1259, E1261, Boehner, John A., Ohio, E1265 Gonzalez, Charles A., Tex., E1268 McCarthy, Carolyn, N.Y., E1248 E1287 Bordallo, Madeleine Z., Guam, E1286 Gordon, Bart, Tenn., E1241, E1260, McCollum, Betty, Minn., E1290 Sanders, Bernard, Vt., E1280 Bradley, Jeb, N.H., E1251 E1262, E1282 McCotter, Thaddeus G., Mich., E1253 Scott, Robert C., Va., E1283 Brown-Waite, Ginny, Fla., E1249 Green, Gene, Tex., E1243, E1245 McCrery, Jim, La., E1278 Shays, Christopher, Conn., E1258 Cannon, Chris, Utah, E1291 Green, Mark, Wisc., E1288 McDermott, Jim, Wash., E1290 Simpson, Michael K., Idaho, E1265 Capuano, Michael E., Mass., E1240 Grijalva, Rau´ l M., Ariz., E1287 McInnis, Scott, Colo., E1237, E1238, Smith, Christopher H., N.J., E1283 Cardin, Benjamin L., Md., E1257 Hastert, J. Dennis, Ill., E1242 E1259, E1260, E1261, E1262, E1262, Smith, Nick, Mich., E1237, E1238, E1239, Carson, Julia, Ind., E1256, E1282 Hastings, Doc, Wash., E1254 E1263, E1264, E1265 E1247, E1253 Castle, Michael N., Del., E1278 Hefley, Joel, Colo., E1253 Maloney, Carolyn B., N.Y., E1266 Stark, Fortney Pete, Calif., E1244, Clyburn, James E., S.C., E1237, E1238, Hinchey, Maurice D., N.Y., E1256 Markey, Edward J., Mass., E1291 E1249, E1289 ´ E1239, E1240, E1241 Hinojosa, Ruben, Tex., E1283 Meehan, Martin T., Mass., E1251 Stupak, Bart, Mich., E1263, E1285 Conyers, John, Jr., Mich., E1274, E1276 Hoeffel, Joseph M., Pa., E1248 Mica, John L., Fla., E1270 Thompson, Bennie G., Miss., E1271, Cooper, Jim, Tenn., E1264, E1285 Holt, Rush D., N.J., E1244, E1259, E1266 Michaud, Michael H., Me., E1268, E1279 E1274 Costello, Jerry F., Ill., E1252, E1269 Hooley, Darlene, Ore., E1286 Millender-McDonald, Juanita, Calif., Thompson, Mike, Calif., E1256 Cramer, Robert E. (Bud), Jr., Ala., Hoyer, Steny H., Md., E1277 E1287 E1281 Hunter, Duncan, Calif., E1281 Miller, George, Calif., E1272, E1275 Towns, Edolphus, N.Y., E1259, E1261, Davis, Danny K., Ill., E1260, E1262, Issa, Darrell E., Calif., E1252, E1267 Miller, Jeff, Fla., E1258 E1262, E1263, E1264 E1268 Jackson, Jesse L., Jr., Ill., E1266 Nadler, Jerrold, N.Y., E1250 Van Hollen, Chris, Md., E1286 Davis, Susan A., Calif., E1273, E1275 John, Christopher, La., E1281 Nunes, Devin, Calif., E1282 Visclosky, Peter J., Ind., E1253 Davis, Tom, Va., E1249 Johnson, Eddie Bernice, Tex., E1257, Nussle, Jim, Iowa, E1287 Wilson, Joe, S.C., E1268 Delahunt, William D., Mass., E1256 E1270, E1284 Obey, David R., Wisc., E1250 Wolf, Frank R., Va., E1254 Deutsch, Peter, Fla., E1260, E1262 Jones, Stephanie Tubbs, Ohio, E1290 Otter, C.L. ‘‘Butch’’, Idaho, E1289 Young, C.W. Bill, Fla., E1242, E1243, Diaz-Balart, Lincoln, Fla., E1283 Kildee, Dale E., Mich., E1259, E1261 Owens, Major R., N.Y., E1241 E1246

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