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

Vol. 149 WASHINGTON, TUESDAY, APRIL 1, 2003 No. 52 House of Representatives The House met at 10:30 a.m. are expressed in the President’s supple- rity agencies the money that they need f mental budget request. to protect us, and we must make sure This war budget will meet America’s every dime we spend in the supple- MESSAGE FROM THE SENATE needs directly arising from Operation mental goes to that purpose, and that A message from the Senate by Mr. Iraqi Freedom and our ongoing war purpose alone. Monahan, one of its clerks, announced against terror, including $63 billion for f that the Senate has passed without military operations, $5 billion in assist- VETERANS’ NEEDS GOING UNMET amendment a concurrent resolution of ance to help our brave coalition part- the House of the following title: ners and $4 billion for the Departments The SPEAKER pro tempore (Mr. H. Con. Res. 84. Concurrent Resolution pro- of Justice and Homeland Security to SHUSTER). Pursuant to the order of the viding for the acceptance of a statue of address the immediate and emerging House of January 7, 2003, the gen- President Dwight D. Eisenhower, presented threats to American soil. tleman from Ohio (Mr. BROWN) is rec- by the people of Kansas, for placement in the Predictably, detractors are surfacing ognized during morning hour debates Capitol, and for other purposes. to criticize the President’s request. It for 5 minutes. The message also announced that the should come as no surprise that many Mr. BROWN of Ohio. Mr. Speaker, Senate has passed a bill of the fol- of the people criticizing this war budg- the good news is that we can afford to lowing title in which the concurrence et are the same ones who have criti- meet the funding needs of the Veterans of the House is requested: cized all along the bold policies it Administration. We have the money. S. 318. An act to provide emergency assist- would pay for. But the Republicans, in spite of the ance to nonfarm-related small business con- The war in Iraq and the war on terror comments from my colleague from cerns that have suffered substantial eco- are vital to the national security of the Texas, have other priorities. They are nomic harm from drought. United States. The Secretaries of De- going to award the wealthiest 1 percent f fense, State and Homeland Security of Americans a tax cut. The top 1 per- and the Attorney General have as- cent of Americans are people who make MORNING HOUR DEBATES sessed their needs and asked the Presi- an average of $968,000 a year. Half the The SPEAKER. Pursuant to the dent for the funds necessary to meet tax cut goes to that 1 percent. order of the House of January 7, 2003, those needs. This supplemental then The total cost of that tax cut for the the Chair will now recognize Members reflects the informed opinions of the top 1 percent, those making on the av- from lists submitted by the majority experts on President Bush’s national erage $968,000 a year, the total cost of and minority leaders for morning hour security and homeland security teams. that tax cut is larger than the entire debates. The Chair will alternate rec- Yet the pseudo-experts say it is not budget of the Department of Veterans ognition between the parties, with each enough. Affairs. party limited to not to exceed 30 min- The ballooning of spending bills Most veterans are not millionaires, utes, and each Member except the ma- seems to be an annual ritual here in but their contributions to this country jority leader, the minority leader or Washington, D.C., but before we are are immeasurable. If they do not qual- the minority whip limited to not to ex- tempted to spend money for projects ify for the President’s tax cut, then ceed 5 minutes. unrelated to our pressing security they must sacrifice. That is the way The Chair recognizes the gentleman needs, we should all remember what it that people around here are thinking. from Texas (Mr. DELAY). is we are doing here. This is not a nor- We cannot begin to place a value on f mal appropriations bill. Its purpose is the sacrifices they have made. But ap- to fight and win the war in Iraq, to lib- parently President Bush and House Re- KEEP SUPPLEMENTAL APPRO- erate an oppressed people from a brutal publicans are putting a value than PRIATIONS NARROWLY FOCUSED dictator. Its purpose is to fight and win their contribution, and, under the Mr. DELAY. Mr. Speaker, the Presi- the war on terror and defend our Na- budget my friend from Texas just men- dent of the United States has no great- tion from those who would revisit on tioned, they think that veterans can er responsibility than to protect and us the horrors of 9/11. stand to lose $28 billion in services. Re- defend the American people. While de- Let us keep in mind the seriousness publicans believe it is more important fending our freedoms half a world of the times and the cool deliberation to focus on millionaires who qualify for away, this administration is just as fo- required of our homeland security ex- tax cuts than on the men and women cused on the security needs right here perts to determine our needs. We must who served this country and qualified in our homeland. These dual priorities give our national and homeland secu- for veterans benefits.

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 Jan 31 2003 02:13 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.000 H01PT1 H2518 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Tax cuts for millionaires; $28 billion Tax cuts for people making $968,000 a operation of the world to find the ter- in cuts for veterans benefits. It is out- year; $28 billion in cuts in veterans rorists before they come to our shores. rageous. Veterans have been asked al- services. What message does that send Stop this war now. $75 billion more ready to shoulder the burden of costs to our troops fighting in Iraq? Let us for war, three-quarters of a trillion dol- that the Bush administration has hope when it is their time to claim VA lars for tax cuts, but no money for vet- failed to provide. Last year funding services that they have a different Con- erans’ benefits. Money for war, but no provided under the continuing resolu- gress, that they have a Congress that money for health care in America. tion represented a cut of $659 million keeps its commitments to those who Money for war, but no money for So- from the amount needed simply to served this country. Let us hope that cial Security. But money for war. keep pace with veterans benefits in the when it is their time, they are told We have money to blow up bridges 2002 budget. We all know that 2002 ‘‘thank you’’ by a future Congress; not over the Tigres and the Euphrates, but funding was inadequate. Undercutting that it is your turn to sacrifice so we no money to build bridges in our own it is devastating. can pay for a tax cut, which is what the cities. We have money to ruin the Republicans have a new policy when leaders in this Congress are telling health of the Iraqi children, but no it comes to veterans health care. It is them. money to repair the health of our own called abandonment. Let me give you children and our educational programs. f some examples. Stop this war now. It is wrong, it is First, the President and House Re- ANNOUNCEMENT BY THE SPEAKER illegal, it is unjust, and it will come to publicans are cutting Veterans Admin- PRO TEMPORE no good for this country. istration outreach. The VA already has The SPEAKER pro tempore. The Stop this war now. Show our wisdom halted outreach typically done to alert Chair must remind Members to avoid and our humanity to be able to stop it. veterans to the services they are eligi- improper references to the Senate or Bring back the United Nations into the ble for. It is the Republicans’ way to its Members. process. Rescue this moment. Rescue save money. If you do not tell veterans this Nation from a war which is wrong, f about the benefits, then you do not which is unjust, which is immoral. have to provide benefits and services STOP THIS WAR NOW Stop this war now. they were promised in gratitude for The SPEAKER pro tempore. Pursu- f serving our country. ant to the order of the House of Janu- SUPPORTING OUR NATION’S Second, President Bush proposed ary 7, 2003, the gentleman from Ohio VETERANS raising the prescription drug copay. (Mr. KUCINICH) is recognized during The SPEAKER pro tempore. Pursu- Last year, veterans paid $2 per month morning hour debates for 5 minutes. per drug. Living on $1,100 or $1,200 per ant to the order of the House of Janu- Mr. KUCINICH. Mr. Speaker, stop the ary 7, 2003, the gentlewoman from month for a retired veteran is not an war now. As Baghdad will be encircled, easy thing, so that $2 copay per drug Guam (Ms. BORDALLO) is recognized this is the time to get the UN back in during morning hour debates for 5 min- per month was very important. Come to inspect Baghdad and the rest of Iraq January, the President raised that to utes. for biological and chemical weapons. Ms. BORDALLO. Mr. Speaker, I come $7 per drug per month for veterans. Our troops should not have to be the Now the President proposes raising it to the floor this morning to pay tribute ones who will find out in combat to our Nation’s veterans and to talk to $15 per drug per prescription per whether Iraq has such weapons. Why month for every veteran. about what the budget resolution of put our troops at greater risk? We can this House would mean for their qual- Veterans live on fixed incomes and get the United Nations inspectors back simply cannot afford the 250 percent in- ity of life and their health care over in. the course of the next 10 years. crease in the cost of their medications, Stop the war now, before we send our and now the President wants to even I am sad to say that 2 weeks ago this troops into house-to-house combat in House barely passed a budget resolu- more than double it. Ignoring that bur- Baghdad, a city of 5 million people; be- den, doubling their copay, is insulting tion that would severely cut veterans’ fore we ask our troops to take up the to veterans, especially in a time of war. benefits, including cuts to health care, burden of shooting innocent civilians The Department of Veterans Affairs disability compensation, pensions and estimates that 700,000 more veterans in the fog of war. other important benefits. Stop the war now. This war has been will receive VA care in 2003 than had I would not be here today, Mr. Speak- been projected. They may be eligible advanced on lie upon lie. Iraq was not er, if not for those brave veterans that for health care services, but $1.5 billion responsible for 9/11. Iraq was not re- liberated Guam in 1944. Therefore, I in cuts will undermine the VA’s ability sponsible for any role al Qaeda may must speak out when I see our govern- to deliver this care. have had in 9/11. Iraq was not respon- ment being derelict in its duty to vet- The Republicans in this body should sible for the anthrax attacks on this erans. It is unthinkable that this House be ashamed of those budget cuts to vet- country. Iraq did not try to acquire nu- would even take such drastic action erans. But it is not just this body. In clear weapon technologies from Niger. against our veterans during a time of the other body, the leader of the other This war is built on falsehoods. war. This is the wrong time and the body earlier this month pledged to sup- Stop the war now. We are not defend- wrong message to be sending to our port veterans concerned about Presi- ing America in Iraq. Iraq did not at- country. dent Bush’s health care proposal, but tack this Nation. Iraq has no ability to This budget cuts $14.6 billion in fund- he also said veterans and others will attack this Nation. Each innocent ci- ing from mandatory veterans programs have to make sacrifices. vilian casualty represents a threat to over 10 years to help pay for the $1.35 of Here is what the leader of the other America for years to come and will end trillion of tax cuts in the budget. Over body said. ‘‘It applies to me in terms of up making our Nation less safe. a 10-year period, the budget resolution domestic priorities and it applies to The $75 billion supplemental needs to that this House passed would cut al- groups like the veterans today as they be challenged, because each dime we most $9 billion alone in veterans’ lobby.’’ spend on this war makes America less health care, an average of more than In other words, we are going to go to safe. Only international cooperation $900 million less than the President has war, but we are saying to veterans, so will help us win the war on terror. proposed per year. we can pay for the Bush $726 billion tax After 9/11, all Americans remember Make no mistake about it, Mr. cut, half of which goes to people mak- that we had the support and the sym- Speaker: Should these cuts prevail in ing on the average $968,000, the leader pathy of the world. Every nation was conference, and we should not let that of the other body, the Republican lead- ready to be of assistance to the United happen, this budget would mean seri- er of the other body is saying what the States in meeting the challenge of ter- ous problems for veterans’ health care. Republican leaders in this body are rorism, and yet with this war we have New copayments and enrollment fees saying, and that is that we need the squandered the sympathy of the world. would no doubt be on the table and tax cut more than we need the veterans We have brought upon this Nation the under consideration to keep the entire benefits. anger of the world. We need the co- system afloat in the next fiscal year.

VerDate Jan 31 2003 02:13 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.003 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2519 This House has a chance to correct What of our brave women and men OPPOSING PROPOSED CUTS IN that, to reverse course, to honor our who served in the first Gulf War? What VETERAN PROGRAMS Nation’s veterans and to recognize of the Gulf War Syndrome? We are The SPEAKER pro tempore. Pursu- their service, their sacrifice, and their sending hundreds of thousands of ant to the order of the House of Janu- patriotism. We can correct the harmful young women and men into harm’s way ary 7, 2003, the gentleman from Arizona reconciliation instruction to the Com- at this very moment, and at the same (Mr. GRIJALVA) is recognized during mittee on Veterans’ Affairs and we can time we are cutting benefits for those morning hour debates for 5 minutes. restore these cuts by supporting the who served in previous wars. Mr. GRIJALVA. Mr. Speaker, I, too, motion to instruct conferees that will My observation, Mr. Speaker, is not rise today to add my comments to the be offered later today by our colleague, extracted from a comic book. My name chorus of dismay and opposition to the the gentleman from South Carolina is JULIA CARSON, married to Sam Car- proposed cuts in veteran programs and (Mr. SPRATT). son, a veteran of the Korean conflict, benefits that we are currently hearing Quite frankly, we should be increas- United States Marine Corps, who is ing, rather than cutting, health and about in this country proposed by the now 100 percent service-connected dis- other benefits to our veterans. Let us President and approved by the Repub- abled. My son, Sam Carson, United not turn our back on our veterans. We lican majority of this House. States Marine, served his country well, should instead salute them. Many families in my district have Vote for the Spratt motion to in- fortunately during peacetime. sons and daughters, husbands and struct conferees today when it comes It is not that I do not understand the wives, family members, that are in the to the floor. Vote to honor our vet- plight of veterans, Mr. Speaker; I know military and in this current conflict erans, and vote for a better budget. the plight of veterans. There are over that this country finds itself in. Pres- ently I have the responsibility to com- f 25 million veterans in this great Nation of ours, and in Indiana alone there are municate to some of these families PRESERVING THE DIGNITY OF 562,000. Are we supposed to tell them about the death, the serious life- OUR NATION’S VETERANS after serving in the military, defending threatening injuries and the missing- The SPEAKER pro tempore. Pursu- our country, preserving our freedom, in-action status of some of their family ant to the order of the House of Janu- that the services that they need are members. I relate to them my personal ary 7, 2003, the gentlewoman from Indi- unavailable in order to pay for a tax respect, gratitude and sorrow at their ana (Ms. CARSON) is recognized during cut? anguish and at their sacrifice. morning hour debates for 5 minutes. Yet, while I am doing that, I find it I heard another rumor emanating Ms. CARSON of Indiana. Mr. Speak- unconscionable that while our men and from the administration about ‘‘shared er, I know there is a hard and fast rule women are fighting overseas, following sacrifices.’’ I suppose those ‘‘shared that we cannot refer to someone in the the orders of their Commander-in- sacrifices’’ are relegated to the have- other body, but since this person is no Chief, we at home are reducing the nots and the have-even-less. To pass a longer a Member of the United States health care benefits that our veterans budget that cuts mandatory spending Senate, let me dedicate my remarks to have earned while risking and giving from the President’s budget by $15 bil- the Honorable Max Cleland, who be- their lives in the service of this coun- lion is unconscionable. Even that budg- came a triple amputee in the Vietnam try, in the protection of our freedoms et was $3 billion too low to fully fund War and who is no longer in service in and in the extension of the liberties the needs of those who have served this the United States Senate. that we all enjoy. country so ably. I rise today to speak about the dig- How can we possibly justify the budg- nity of our Nation’s veterans. Last As our distinguished ranking member et as passed by this House that con- week, Mr. Speaker, we offered and of the Committee on Veterans’ Affairs, tains almost $29 billion in cuts in vet- passed a resolution asking for the the gentleman from Illinois (Mr. erans’ programs over a 10 year period, country to pray and to fast. I did not EVANS) recently stated, ‘‘Our Nation primarily in veterans benefits and realize that at that time, according to must not require those who serve in health care. What are we going to tell what I am told, many of our troops in uniform to bear the financial costs of the men and women presently in uni- harm’s way were down to one meal a their service-connected disabilities.’’ form and their families; that their day. I did not realize at the time that Give me a break. A tax break for service is honorable, needed, and re- it was them that we were asking to those who need no tax break, who spected, but not worth the cost of full fast. benefits for them and their future? As General Omar Bradley once stat- earned their wealth off of the United Mr. Speaker, today I would urge all ed, ‘‘We are dealing with veterans, not States of America, and now we are ask- of my colleagues to restore and en- with procedures. We are dealing with ing them to take more; and we give hance the benefits and programs that their problems, and not ours.’’ less to the people who are responsible I have a constituent who served his for our well-being, for the most part, have been earned by our veterans and country in Vietnam, Mr. Bob Creasy. the veterans of this Nation? cut by the President and this Congress. He was exposed to Agent Orange, the There is no excuse to delay the need- To do otherwise would be an appalling defoliant used to fight the war. Mr. ed medical care for our veterans. We betrayal of America’s commitments to Creasy did not realize at the time how need to show them with deeds and not our veterans. deadly and poisonous the chemical was. with words that, regardless of their At a time of war, let us not be hypo- Actually, none of us did. Many years mission, we support their dedication to critical. Let us respect and enhance the later he experienced symptoms and ill- their jobs and that we are for them in benefits of our veterans, so as they sac- nesses that can now be validated and their time of need. rifice for us, as they follow the orders of their Commander-in-Chief, they will linked to his exposure to Agent Or- Last week, Mr. Speaker, I recited the ange. earn not only our respect, but entitle- words of the first President of the ment to benefits and protection of pro- The Department of Veterans’ Affairs United States, George Washington, claims that Bob is not eligible for com- grams that will extend and support whose words are worth repeating at their quality of life. pensation because he did not come for- this time: ward when the symptoms first oc- f curred. The symptoms, however, were ‘‘The willingness with which our not recognized as being caused by young people are likely to serve in any VETERANS CUTS DEPLORED BY Agent Orange until very recently. war, no matter how justified, shall be VETERAN LEADERS Why can we not validate the dis- directly proportional as to how they The SPEAKER pro tempore. Pursu- ability and compensate accordingly at perceive the veterans of earlier wars ant to the order of the House of Janu- this time? Is it that the Veterans’ Ad- were treated and appreciated by their ary 7, 2003, the gentleman from New ministration is very restricted and lim- country.’’ Jersey (Mr. PALLONE) is recognized ited in resources and will escape obli- Mr. Speaker, we must not fail our during morning hour debates for 5 min- gations any way and however they can? veterans. utes.

VerDate Dec 13 2002 00:55 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.005 H01PT1 H2520 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Mr. PALLONE. Mr. Speaker, while negative impacts that these cuts will declares the House in recess until noon American troops are fighting over in have. today. Iraq, veterans of past wars are fighting Mr. Speaker, I also want to read sec- Accordingly (at 11 o’clock and 4 min- a different battle here in the United tions from a letter that was sent to the utes a.m.), the House stood in recess States. These veterans, who sacrificed chairman of the Committee on the until noon today. a great deal to serve their Nation with Budget by Steve Robertson, Director, f great distinction, are now essentially National Legislative Commission for being told by the House Republicans, the American Legion. b 1200 ‘‘thanks for your service, but we are He says, ‘‘Dear Mr. Chairman: The AFTER RECESS going to have to make major cuts in American Legion is deeply troubled by The recess having expired, the House your health care and other services to the impact H. Con. Res. 95, the Concur- was called to order by the Speaker pro pay for our huge tax cut for the rent Resolution on the Budget, would tempore (Mrs. CAPITO) at noon. wealthiest few.’’ have on veterans, especially severely Last month, House Republicans ap- service-connected disabled veterans f proved a budget by the slimmest of and their families. PRAYER margins that cuts $14.2 billion in vet- ‘‘Veterans did not cause the budg- erans programs over the next 10 years. etary shortfalls and should not be fi- The Chaplain, the Reverend Daniel P. Upon hearing that veterans were not a nancially penalized in the name of fis- Coughlin, offered the following prayer: priority of the Republican majority, cal responsibility. Much has been said I am grateful to the Members of the several leaders of veterans groups sent that all Americans must be willing to House of Representatives and all those letters to Republican leaders. make sacrifices to eliminate the budg- who work here on Capitol Hill because Mr. Speaker, I just want to read et deficit. Severely service-connected they exist and because they are who some excerpts from some of the letters disabled veterans have already made they are. They do what they do and try sent to the Speaker, because I think significant personal sacrifices for their as they may to make a difference in they are so much on point. earned entitlements.’’ this place, in this Nation, and in this The first one is from Edward Heath, Mr. Speaker, last is a letter to world. the National Commander of Disabled Speaker HASTERT from Joseph L. Fox, I am grateful to You, O God, for hav- American Veterans. If I could just Sr., National President of the Para- ing placed me among them and for hav- quote some sections, Mr. Heath writes: lyzed Veterans of America. ing told me to be their father, their ‘‘I write today on behalf of the 2.3 He says in part, ‘‘Dear Mr. Speaker: minister, their rabbi, a spiritual seeker million disabled veterans, including The proposal, if implemented, would with them in troublesome times. the more than 1.2 million members of have a shocking effect on VA health Finally, I am grateful to You, O the Disabled American Veterans (DAV) care services and would be an affront Lord, because in the midst of such pub- to communicate our deep-seated out- to millions of veterans facing reduc- lic hearing and so much activity, I can rage regarding the fiscal year 2004 tions in their health care, compensa- find the solitude of prayer that shuts budget adopted by the House Budget tion, pension and education benefits. off the TV wars and simply questions Committee which would cut veterans ‘‘The House Budget Committee pro- the times in which we live and the pri- programs by more than $15 billion dur- posal also calls for cutting $15 billion orities which set our motion. ing the next 10 years. over 10 years, $463 million in fiscal year In this most significant place, I find ‘‘Has Congress no shame? Is there no 2004 alone, in VA mandatory spending myself in them and with them, won- honor left in the hallowed halls of our under the guise of eliminating fraud, dering what is the human dimension to government that you choose to dis- waste and abuse. We do not consider government, to power, to war, and to honor the sacrifices of our Nation’s he- payments to war-disabled veterans, life. I wonder, and I wonder further, roes and rob our programs, health care pensions for the poorest disabled vet- and I wonder, until I come to You, our and disability compensation to pay for erans and GI Bill benefits for soldiers wonderful God. I wonder if You still tax cuts for the wealthy? You will be returning from Afghanistan to be recognize Yourself in us, for we were reducing benefits and services for dis- ‘‘fraud, waste and abuse.’’ Ninety per- once made in Your image and likeness. abled veterans at a time when thou- cent of the spending for VA entitle- Amen. sands of our servicemen are in harm’s ments goes in monthly payments to f way fighting terrorists around the these veterans and their survivors. The THE JOURNAL world and thousands more of our sons House Budget Committee plan, if ap- and daughters are preparing for war proved, would force cuts in each of The SPEAKER pro tempore. The against Iraq. these programs.’’ Chair has examined the Journal of the ‘‘If you, in your leadership role in Mr. Speaker, I am only mentioning last day’s proceedings and announces your House, allow this budget proposal these letters because I think it is much to the House her approval thereof. to pass the House without exempting better to quote from some of the people Pursuant to clause 1, rule I, the Jour- VA programs from the massive cuts, it who are involved as veterans, from vet- nal stands approved. could mean the loss of 19,000 nurses, erans organizations, rather than speak- f equating to the loss of 6.6 million out- ing myself, in terms of the real impact patient visits or more than three-quar- of the cuts in the budgets on veterans PLEDGE OF ALLEGIANCE ters of a million hospital bed days. But programs. The SPEAKER pro tempore. Will the that is not all of the devastation that I think the Republicans clearly were gentleman from Minnesota (Mr. KLINE) will be caused by the proposed cuts. not listening to veterans last month come forward and lead the House in the You will be reaching into the pockets when they approved the fiscal year 2004 Pledge of Allegiance. of our Nation’s service-connected vet- budget. I hope today they will keep Mr. KLINE led the Pledge of Alle- erans, including combat disabled vet- veterans’ voices in when they have a giance as follows: erans, and robbing them and their sur- chance to instruct budget conferees to I pledge allegiance to the Flag of the vivors of a portion of their compensa- restore the funds that they so callously United States of America, and to the Repub- tion. took away last month. lic for which it stands, one nation under God, ‘‘Mr. Speaker, this budget dishonors Mr. Speaker, the bottom line is, we indivisible, with liberty and justice for all. the service of millions of service-con- are in the middle of a war, and to cut f nected disabled veterans, including veterans’ programs at this time is defi- U.S. WILL NOT EXCUSE WAR combat disabled veterans, and seri- nitely not the way we should go. CRIMES OF IRAQI REGIME ously erodes the Nation’s commitment f to care for its defenders.’’ (Mr. REHBERG asked and was given Mr. Edward Heath, the National RECESS permission to address the House for 1 Commander of Disabled American Vet- The SPEAKER pro tempore. Pursu- minute and to revise and extend his re- erans, goes on to talk about the really ant to clause 12(a) of rule I, the Chair marks.)

VerDate Jan 31 2003 02:13 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.008 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2521 Mr. REHBERG. Madam Speaker, HONORING AND SUPPORTING OUR DEN); his wife, Maylene; son, Anthony; some of Saddam Hussein’s paramilitary TROOPS IN IRAQ and the entire Walden family. monsters hanged a teenage girl last (Mr. SAM JOHNSON of Texas asked f week for waving at coalition troops. In and was given permission to address APRIL IS THE MONTH OF THE the same week, Iraqi military, pre- the House for 1 minute and to revise MILITARY CHILD tending to surrender, fired upon our and extend his remarks.) people who had offered them safety. Mr. SAM JOHNSON of Texas. Madam (Mr. WILSON of South Carolina This week we learned Saddam’s des- Speaker, I rise today in strong support asked and was given permission to ad- perate soldiers have taken to shielding of our brave military men and women dress the House for 1 minute and to re- themselves with women and children fighting for our freedom here at home vise and extend his remarks.) when confronting our advancing and to take the yoke of oppression off Mr. WILSON of South Carolina. troops. His paramilitary forces rule by the Iraqi people. Madam Speaker, the Department of terror, lodging military stockpiles in I also want to thank the military Defense has designated April as the schools and hospitals, firing at vil- families and let them know that these Month of the Military Child. lagers who try to flee, and extermi- soldiers are doing the best job in the Today, thousands of fathers and nating townspeople who refuse to fight world. mothers are halfway around the world for Saddam’s terrorist state. Madam Speaker, there are some from their children making tremen- Perhaps the signature statement of awful stories out there. Iraqis were dous sacrifices to defend freedom and the abhorrent and despicable nature of shown on TV voicing support for Sad- liberty. Some sons and daughters will the enemy is its treatment of our dam Hussein. When asked why they see their parent come home wounded young people in uniform taken captive. were doing that, they replied that they and, in some cases, the military parent Some have been humiliated and pa- were afraid if they did not show sup- will not return at all. raded in front of television cameras. port for Saddam and he did win, then Military families make enormous Others, we now know, were brutally ex- he would remember them as enemies, sacrifices on a daily basis so that our ecuted or, should I say murdered, by and he would kill or torture their fam- soldiers have the support they need. It Iraqi soldiers. ily members. That is just wrong. is up to Americans and communities Can there be any doubt about the vile Now our servicemen and women are throughout our great Nation to support and inhumane character of Saddam’s implementing a precise military plan these families, even by simple food, dying regime? that will put an end to Saddam Hus- clothes and toy donations for the chil- As President Bush has correctly sein’s reign of terror and his ruthless dren. noted, ‘‘Given the nature of this re- regime forever. We in the Congress are I urge all Americans to reach out to gime, we expect such war crimes, but going to do all in our power to make military families in their communities we will not excuse them.’’ Our brave sure that our troops remain the best by contacting their local military base, men and women in uniform deserve our trained and equipped in the world and National Guard and Reserve armory, support, both for what they are doing are paid as veterans. To the brave men and public affairs offices to find out and for why they are there. and women in uniform, I thank you how they can best help. and we salute you. In conclusion, God bless our troops. f f f OPPOSING BUDGET CUTS FOR TRIBUTE TO PAUL WALDEN OPPOSING BUDGET CUTS TO VETERANS PROGRAMS VETERANS (Mr. BLUMENAUER asked and was (Ms. LORETTA SANCHEZ of Cali- given permission to address the House (Mr. MICHAUD asked and was given fornia asked and was given permission for 1 minute.) permission to address the House for 1 to address the House for 1 minute and Mr. BLUMENAUER. Madam Speaker, minute.) to revise and extend her remarks.) I am sad to report to the House today Mr. MICHAUD. Madam Speaker, I Ms. LORETTA SANCHEZ of Cali- the passing of Paul Walden of Hood rise today out of deep concern about fornia. Madam Speaker, I rise today to River, Oregon, the father of our col- the budget that was passed last week. call attention to the actions taken by league, the gentleman from Oregon The Committee on the Budget resolu- the Republicans in this House to dras- (Mr. WALDEN). tion cut mandatory spending in many tically cut the funding for veterans It was my pleasure to serve in the Or- areas, but one of the most unconscion- programs. egon House of Representatives with able cuts is the $15 billion reduction for While thousands of brave men and Paul where he was a distinguished veterans programs like service dis- women are fighting for our country and member in the 1970s. By the time he be- ability compensation, pension for low- risking their lives every single day, the came a legislator, he was already an es- income wartime veterans, and veterans House majority party voted for the tablished community leader, active in housing programs. At a time of war, GOP budget resolution which would his church and many civic organiza- how can we vote to neglect our vet- cut veterans programs by $28.8 billion. tions. erans like this? This cut in programs includes money Paul was a successful businessman In recent days we have heard from for health care, for disability com- whose ready wit and deep melodious the American Legion, Paralyzed Vet- pensation, pensions, and other benefits. voice made him a natural for a career erans of America, AMVETS, the Vet- The Disabled American Veterans, the in radio. He served a half century in erans of Foreign Wars, and Disabled Paralyzed Veterans of America, and the broadcast industry, ultimately American Veterans, all strongly op- the American Legion have all issued owning his own radio stations. posed to these cuts. statements opposing this budget. This Oregonian of pioneer stock I will continue to stand with them We cannot in good conscience com- made his community better as he and to oppose this dishonorable treat- mit men and women to defend this Na- brightened people’s lives. He was the ment of our most honorable men and tion while at the same time reducing obvious choice for the community for women. I urge my colleagues to do the the benefits they are entitled to and major responsibilities, like serving as same. deserve, because after all, what mes- chair and master of ceremonies for the f sage, what message does this send to opening of the massive Dallas’s Dam those that have and those that are featuring Vice President Richard HIGHER EDUCATION RELIEF OP- serving our country? Nixon. PORTUNITIES FOR STUDENTS I am appalled at the actions of the I will remember him as a friend who ACT OF 2003 Republican House. While brave men served his community with honor, with (Mr. GARRETT of New Jersey asked and women are defending our freedom, humor, and with insight. and was given permission to address we must defend their right to receive Our thoughts are with our colleague, the House for 1 minute and to revise their benefits. the gentleman from Oregon (Mr. WAL- and extend his remarks.)

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.010 H01PT1 H2522 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Mr. GARRETT of New Jersey. beside him in this movement. His sacrifice in defending us and our val- Madam Speaker, I rise today to sup- words will always be true in our lives ues. port the Higher Education Relief Act, that say: Si, se puede. This is hypocrisy at its best. What the HEROES Act, as it is called. Yesterday was Cesar Chavez’s birth- kind of message does this send to our Since September 11 and now with the day. This would be a great day to honor troops? It says that we appreciate activities of the war in Iraq, this Na- him in the Nation every year. I urge them putting their lives on the line tion is sending our men and women, my colleagues to cosponsor H. Res. 112 when we need them, but we cannot our young sons and daughters, into calling for a National Cesar Chavez offer them that same assistance when harm’s way, into a conflict the likes of holiday. they need us. House Concurrent Resolution 95, the which this Nation has never seen be- f fore. And they do so in the name of budget resolution that recently passed America, in the name of liberty, free- b 1215 the House, would require an across-the- dom and dignity, which the United IRAQ board cut of 1 percent in mandatory ap- States stands for. propriations for veterans programs. But during this time, this legislation (Mrs. MILLER of Michigan asked and This budget would cut compensation will now grant to the Secretary of Edu- was given permission to address the for service-connected disabilities and cation the authority and the power to House for 1 minute and to revise and education benefits and other health grant to the students who are overseas extend her remarks.) care funding by $14 billion over the now the relief that they need. It does Mrs. MILLER of Michigan. Madam next 10 years. that in three ways. First of all, it pro- Speaker, our forces have been in action In addition, while the Bush budget vides to the Reservists who are leaving in Iraq for 2 weeks. In that time, they anticipates an increase in the number from their jobs to go overseas right have achieved great success. They have of veterans eligible for compensation now relief from making student loan moved hundreds of miles and are begin- due to service-connected disabilities, payments for a period of time while ning to encircle Baghdad and the re- the budget does not add one dime for they are away. gime of Saddam Hussein. benefits for additional disabilities and Secondly, it provides to the bor- They have begun to distribute hu- deaths. rowers and to the families who are manitarian aid to the long-suffering As an American, as a patriot, and as back here at home relief from receiving people of Iraq. They have weakened the a Member of this esteemed body, I en- letters and phone calls from the lend- enemy forces significantly. They have courage all Members to support the ef- ers while they are in service. And, fought off groups of Saddam’s thugs forts to restore the funding cuts in thirdly, this legislation provides relief who are desperate to hold on to power. mandatory spending for veterans bene- through consecutive service require- In short, the plan is going forward in fits. Our past and future veterans de- ments to be considered uninterrupted an undaunted fashion. serve the respect and gratitude of this while they are overseas. As President Bush had stated time Nation. The least we can do is take Madam Speaker, I urge all of my col- and time again, we may not know the care of them when they return home leagues to support the HEROES Act duration of this war, but we do know from defending our American values. its outcome: Our forces will disarm and to support our troops as well. f Iraq and will force the tyrannical re- f gime of Saddam Hussein from power. ANNOUNCEMENT BY THE SPEAKER TRIBUTE TO CESAR CHAVEZ The day of liberation for the people of PRO TEMPORE (Mr. BACA asked and was given per- Iraq is near, and they will be free. We The SPEAKER pro tempore (Mrs. mission to address the House for 1 will not tire, and we will not stop until CAPITO). Pursuant to clause 8 of rule minute and to revise and extend his re- we achieve our goals. I have no doubt XX, the Chair will postpone further marks.) that our forces are up to the task. proceedings on motions to suspend the Mr. BACA. Madam Speaker, Cesar I urge every American to keep the rules on which a recorded vote or the Chavez was a champion for the poor men and women of our Armed Forces yeas and nays are ordered or on which and underserved people in America. He in their thoughts and in their prayers. the vote is objected to under clause 6 of did not care about politics, money, or We must support our troops as they rule XX. votes; he cared about people and their fight to protect freedom and to defeat Record votes on postponed questions children. He sacrificed so they may the forces of terror. will be taken later today. have a better life. f f Cesar gave Latinos in this country a IN SUPPORT OF VETERANS HIGHER EDUCATION RELIEF OP- voice. He touched the lives of millions PORTUNITIES FOR STUDENTS (Ms. LINDA T. SA´ NCHEZ asked and with nonviolent struggle for justice, ACT OF 2003 education, equality, and hope. was given permission to address the His life is a testament to the notion House for 1 minute and to revise and Mr. KLINE. Madam Speaker, I move that victory can be won without vio- extend her remarks.) to suspend the rules and pass the bill lent confrontation. He used boycotts, Ms. LINDA T. SA´ NCHEZ. Madam (H.R. 1412) to provide the Secretary of pickets, strikes, and fasts to achieve Speaker, I stand before Members today Education with specific waiver author- this goal. But he never raised his hand outraged at the disgraceful treatment ity to respond to a war or other mili- or encouraged his followers to raise of our Nation’s veterans. While some tary operation or national emergency. their hands in anger or hate or vio- may disagree with the United States’ The Clerk read as follows: lence. This is a lesson that the world decision to lead the charge against H.R. 1412 should be reminded of right now. Iraq, all would agree that the men and Be it enacted by the Senate and House of Rep- Cesar was committed so that he women putting their lives on the line resentatives of the United States of America in would be willing to sacrifice his own deserve our unwavering support. These Congress assembled, volunteers deserve respect not only SECTION 1. SHORT TITLE; FINDINGS; REF- life so that violence was not used. He ERENCE. fasted many times. He proved that his during times of war, but also when (a) SHORT TITLE.—This Act may be cited as commitment through his persistence, they return home. the ‘‘Higher Education Relief Opportunities hard work, faith, and willingness to The administration has spent a great for Students Act of 2003’’. sacrifice for La Causa. deal of time showcasing our proud (b) FINDINGS.—The Congress finds the fol- The terrible suffering of the farm troops, but that same administration is lowing: workers and their children by crushing attempting to make cuts to health care (1) There is no more important cause than farm workers’ rights, the dangers of and other benefits that impact our vet- that of our nation’s defense. (2) The United States will protect the free- pesticides, the denial of fair and Fed- erans. Unless this body takes action, dom and secure the safety of its citizens. eral elections, Cesar’s fast was a heart- many veterans will be financially re- (3) The United States military is the finest felt prayer for purification and sponsible for paying for the injuries in the world and its personnel are deter- strength for all of those who worked they receive as a direct result of their mined to lead the world in pursuit of peace.

VerDate Jan 31 2003 02:13 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.011 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2523

(4) Hundreds of thousands of Army, Air (b) NOTICE OF WAIVERS OR MODIFICATIONS.— (B) is performing qualifying National Force, Marine Corps, Navy, and Coast Guard (1) IN GENERAL.—Notwithstanding section Guard duty during a war or other military reservists and members of the National 437 of the General Education Provisions Act operation or national emergency; Guard have been called to active duty or ac- (20 U.S.C. 1232) and section 553 of title 5, (C) resides or is employed in an area that tive service. United States Code, the Secretary shall, by is declared a disaster area by any Federal, (5) The men and women of the United notice in the Federal Register, publish the State, or local official in connection with a States military put their lives on hold, leave waivers or modifications of statutory and national emergency; or their families, jobs, and postsecondary edu- regulatory provisions the Secretary deems (D) suffered direct economic hardship as a cation in order to serve their country and do necessary to achieve the purposes of this sec- direct result of a war or other military oper- so with distinction. tion. ation or national emergency, as determined (6) There is no more important cause for (2) TERMS AND CONDITIONS.—The notice by the Secretary. this Congress than to support the members under paragraph (1) shall include the terms (3) MILITARY OPERATION.—The term ‘‘mili- of the United States military and provide as- and conditions to be applied in lieu of such tary operation’’ means a contingency oper- sistance with their transition into and out of statutory and regulatory provisions. ation as such term is defined in section active duty and active service. (3) CASE-BY-CASE BASIS.—The Secretary is 101(a)(13) of title 10, United States Code. (c) REFERENCE.—References in this Act to not required to exercise the waiver or modi- (4) NATIONAL EMERGENCY.—The term ‘‘na- ‘‘the Act’’ are references to the Higher Edu- fication authority under this section on a tional emergency’’ means a national emer- cation Act of 1965 (20 U.S.C. 1001 et seq.). case-by-case basis. gency declared by the President of the SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO (c) IMPACT REPORT.—The Secretary shall, United States. MILITARY CONTINGENCIES AND NA- not later than 15 months after first exer- (5) SERVING ON ACTIVE DUTY.—The term TIONAL EMERGENCIES. cising any authority to issue a waiver or ‘‘serving on active duty during a war or (a) WAIVERS AND MODIFICATIONS.— modification under subsection (a), report to other military operation or national emer- (1) IN GENERAL.—Notwithstanding any the Committee on Education and the Work- other provision of law, unless enacted with gency’’ shall include service by an individual force of the House of Representatives and the specific reference to this section, the Sec- who is— Committee on Health, Education, Labor and retary of Education (referred to in this Act (A) a Reserve of an Armed Force ordered to as the ‘‘Secretary’’) may waive or modify Pensions of the Senate on the impact of any active duty under section 12301(a), 12301(g), any statutory or regulatory provision appli- waivers or modifications issued pursuant to 12302, 12304, or 12306 of title 10, United States cable to the student financial assistance pro- subsection (a) on affected individuals and the Code, or any retired member of an Armed grams under title IV of the Act as the Sec- programs under title IV of the Act, and the Force ordered to active duty under section retary deems necessary in connection with a basis for such determination, and include in 688 of such title, for service in connection war or other military operation or national such report the Secretary’s recommenda- with a war or other military operation or na- emergency to provide the waivers or modi- tions for changes to the statutory or regu- tional emergency, regardless of the location fications authorized by paragraph (2). latory provisions that were the subject of at which such active duty service is per- (2) ACTIONS AUTHORIZED.—The Secretary is such waiver or modification. formed; and authorized to waive or modify any provision (d) NO DELAY IN WAIVERS AND MODIFICA- (B) any other member of an Armed Force described in paragraph (1) as may be nec- TIONS.—Sections 482(c) and 492 of the Higher on active duty in connection with such war, essary to ensure that— Education Act of 1965 (20 U.S.C. 1089(c), 1098a) operation, or emergency or subsequent ac- (A) recipients of student financial assist- shall not apply to the waivers and modifica- tions or conditions who has been assigned to ance under title IV of the Act who are af- tions authorized or required by this Act. a duty station at a location other than the fected individuals are not placed in a worse SEC. 3. TUITION REFUNDS OR CREDITS FOR location at which such member is normally position financially in relation to that finan- MEMBERS OF ARMED FORCES. assigned. cial assistance because of their status as af- (a) SENSE OF CONGRESS.—It is the sense of (6) QUALIFYING NATIONAL GUARD DUTY.—The fected individuals; Congress that— term ‘‘qualifying National Guard duty dur- (B) administrative requirements placed on (1) all institutions offering postsecondary ing a war or other military operation or na- affected individuals who are recipients of education should provide a full refund to stu- tional emergency’’ means service as a mem- student financial assistance are minimized, dents who are affected individuals for that ber of the National Guard on full-time Na- to the extent possible without impairing the portion of a period of instruction such stu- tional Guard duty (as defined in section integrity of the student financial assistance dent was unable to complete, or for which 101(d)(5) of title 10, United States Code) programs, to ease the burden on such stu- such individual did not receive academic under a call to active service authorized by dents and avoid inadvertent, technical viola- credit, because he or she was called up for the President or the Secretary of Defense for tions or defaults; active duty or active service; and a period of more than 30 consecutive days (C) the calculation of ‘‘annual adjusted (2) if affected individuals withdraw from a under section 502(f) of title 32, United States family income’’ and ‘‘available income’’, as course of study as a result of such active Code, in connection with a war, another used in the determination of need for student duty or active service, such institutions military operation, or a national emergency financial assistance under title IV of the Act should make every effort to minimize defer- declared by the President and supported by for any such affected individual (and the de- ral of enrollment or reapplication require- Federal funds. termination of such need for his or her ments and should provide the greatest flexi- SEC. 6. TERMINATION OF AUTHORITY. spouse and dependents, if applicable), may be bility possible with administrative deadlines The provisions of this Act shall cease to be modified to mean the sums received in the related to those applications. effective at the close of September 30, 2005. first calendar year of the award year for (b) DEFINITION OF FULL REFUND.—For pur- The SPEAKER pro tempore. Pursu- poses of this section, a full refund includes a which such determination is made, in order ant to the rule, the gentleman from to reflect more accurately the financial con- refund of required tuition and fees, or a cred- Minnesota (Mr. KLINE) and the gen- dition of such affected individual and his or it in a comparable amount against future her family; tuition and fees. tleman from Ohio (Mr. RYAN) each will (D) the calculation under section 484B(b)(2) SEC. 4. USE OF PROFESSIONAL JUDGMENT. control 20 minutes. of the Act (20 U.S.C. 1091b(b)(2)) of the A financial aid administrator shall be con- The Chair recognizes the gentleman amount a student is required to return in the sidered to be making a necessary adjustment from Minnesota (Mr. KLINE). case of an affected individual may be modi- in accordance with section 479A(a) of the Act GENERAL LEAVE fied so that no overpayment will be required if the administrator makes adjustments with Mr. KLINE. Madam Speaker, I ask to be returned or repaid if the institution respect to the calculation of the expected student or parent contribution (or both) of unanimous consent that all Members has documented (i) the student’s status as an may have 5 legislative days within affected individual in the student’s file, and an affected individual, and adequately docu- (ii) the amount of any overpayment dis- ments the need for the adjustment. which to revise and extend their re- charged; and SEC. 5. DEFINITIONS. marks and include extraneous matter (E) institutions of higher education, eligi- In this Act: on H.R. 1412. ble lenders, guaranty agencies, and other en- (1) ACTIVE DUTY.—The term ‘‘active duty’’ The SPEAKER pro tempore. Is there tities participating in the student assistance has the meaning given such term in section objection to the request of the gen- programs under title IV of the Act that are 101(d)(1) of title 10, United States Code, ex- tleman from Minnesota? located in areas that are declared disaster cept that such term does not include active There was no objection. areas by any Federal, State or local official duty for training or attendance at a service Mr. KLINE. Madam Speaker, I yield in connection with a national emergency, or school. myself 3 minutes. whose operations are significantly affected (2) AFFECTED INDIVIDUAL.—The term ‘‘af- Madam Speaker, I am pleased to by such a disaster, may be granted tem- fected individual’’ means an individual porary relief from requirements that are ren- who— bring forward, along with several of my dered infeasible or unreasonable by a na- (A) is serving on active duty during a war colleagues, the Higher Education Re- tional emergency, including due diligence re- or other military operation or national lief Opportunities for Students, or HE- quirements and reporting deadlines. emergency; ROES, Act of 2003. This is a bill that

VerDate Dec 13 2002 00:55 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.004 H01PT1 H2524 CONGRESSIONAL RECORD — HOUSE April 1, 2003 expresses the support and commitment my colleague, the gentleman from Min- a proclamation commending the em- of the United States House of Rep- nesota (Mr. KLINE), and thank him for ployers of our men and women who resentatives to the troops who protect doing so. This HEROES Act is appro- have been called up to active duty from and defend the United States. priate at this time, as we have become the Reserves, to commend them for the Throughout our involvement in the very familiar over the past few weeks, sacrifice those companies are giving, war on terrorism, many thousands of watching the war unlike we have ever and to commend them on their com- men and women who serve our Nation watched a war before. To address this mitment to reemploy and keep those in the Reserves or National Guard of very serious issue of the student loan jobs for those troops when they come the Armed Forces, whether the Army, repayment, this is altogether fitting home. Navy, Air Force, Marine Corps, other and proper. It is only appropriate that we in Con- than Coast Guard, have been called to This is a great first step for this gress today do exactly what we are active duty or active service. Many of Chamber to make; but Madam Speak- doing with regard to student loans. I these men and women are also college er, I believe that as we continue to support the HEROES Act of 2003, which and university students who are called watch and become aware that this war gives the Secretary the authority away from their families, class work is not going to be as quick as we under title IV of the Higher Education and studies to defend our Nation. Un- thought it was going to be, as this war Act to make those waivers and defer- fortunately, due to a number of restric- begins to extend, and as our troops who rals that are necessary to ensure that tions in the Higher Education Act, were activated for possibly months or a our troops whose lives have been dis- these individuals are at risk of losing year, this conflict now may stretch to rupted suddenly, and now serve us in financial assistance and/or educational 2 years or to 3 years, specifically deal- the Middle East and in Iraq, to make credit as a result of their service. ing with the student loans, as we talk sure that their families are not har- Such a scenario is clearly not accept- about forbearance in that the Sec- assed by collectors and that their loan able. The HEROES Act provides assur- retary will have the opportunity to for- payments are deferred until they re- ance to our men and women in uniform bear a loan as our servicemen and serv- turn; and also encourage those institu- that they will not face education-re- icewomen are activated, this will allow tions of higher learning that have ac- lated financial or administrative dif- them not to pay on their student loans cepted tuition for semesters or quar- ficulties while they defend our Nation. for the time that they are active. ters that now cannot be fulfilled be- The HEROES Act achieves this by Unfortunately, while they are still cause that Reservist has been activated granting the Secretary of Education serving our country, making great sac- to refund the tuition back to those Re- the authority to address the specific rifices, the interest on their loan will servists. So when they return home needs of each student whose education still be accruing; so this is a great first they can enjoy a full quarter or semes- is interrupted when they are called to step, but I think we can do much bet- ter, and they can get every dollar that service. ter. I think we in the Chamber, as we they have invested in every bit of edu- This bill is specific in its intent to go forward in the next few weeks, ensure that as a result of a war, mili- cation they have paid for. should continue to try to extend these The gentleman from Minnesota (Mr. tary contingency operation, or na- benefits, possibly allow these soldiers KLINE) is doing what all of us in Con- tional emergency our men and women to defer their loans, and to subsidize gress want to do: showing in every way are protected. By granting flexibility the interest, so when they get back and every facet every appreciation for to the Secretary of Education, the HE- ROES Act will protect recipients of after serving this country, they will those brave men and women who serve student financial assistance from fur- not owe more than when they left. I in our Reserves, and at a moment’s no- ther financial difficulty generated think that is a small step that we tice, go in harm’s way on behalf of the when they are called to serve, mini- should make in order to support our defense of everything we do in this mize administrative requirements troops as we should. country. without affecting the integrity of the I have a bill that is the Active Re- I commend the gentleman for his in- programs, adjust the calculation used servists and National Guard Student troduction, and I urge every Member of to determine financial need to accu- Loan Relief Act which would do this, the House to support the HEROES Act rately reflect the financial condition of and I think we should look into it. of 2003. Mr. KLINE. Madam Speaker, it is my the individual and his or her family, Some soldiers who have $50,000 in stu- and provide the Secretary with the au- dent loans will accrue $2,600 in interest pleasure to yield 3 minutes to the dis- thority to address issues not yet fore- if they are serving for only 1 year. tinguished gentleman from Ohio (Mr. seen. When they come back, they will owe BOEHNER), chairman of the Committee Following the September 11, 2001, at- $2,600 more. on Education and the Workforce. tacks on our Nation, Members of this Madam Speaker, I urge us to vote in Mr. BOEHNER. Madam Speaker, I House united to unanimously pass support of the HEROES Act, but con- thank my colleague for yielding time similar legislation which helped ease tinue to be open-minded with other op- to me, and congratulate the gentleman the burden on students, institutions, tions in which we can show support for from Minnesota (Mr. KLINE), one of our and families affected by the attacks on our troops. freshman members of the committee, our Nation. Today, the men and women Madam Speaker, I reserve the bal- for the introduction of this bill. serving in Operation Iraqi Freedom and ance of my time. Let me also thank my colleague, the in other parts of the world deserve the Mr. KLINE. Madam Speaker, I yield gentleman from Ohio (Mr. RYAN), an- same support. myself such time as I may consume. other freshman member of our com- I am pleased that a number of my I thank the gentleman for his re- mittee, for his contributions to this ef- colleagues have signed on as cospon- marks, and appreciate his commitment fort. sors of this legislation. This is an indi- to the troops and his desire to extend None of us believe that our active cation of Congress’ commitment to our additional benefits to those now serv- duty soldiers should be in a position military, our students, our families, ing. I look forward to work with the where they are going to have to make and our schools. I urge my colleagues gentleman on that. payments on their student loans while to stand in strong support of the High- Madam Speaker, I yield 2 minutes to in fact they are not here. This discre- er Education Relief Opportunities for the gentleman from Georgia (Mr. tion has been given to the Secretary Students Act and join me in voting yes ISAKSON). under the Higher Education Act on H.R. 1412. Mr. ISAKSON. Madam Speaker, I Amendments, the recent reauthoriza- Madam Speaker, I reserve the bal- want to thank the gentleman from tion. ance of my time. Minnesota (Mr. KLINE) for introducing What we want to do here is to make Mr. RYAN of Ohio. Madam Speaker, I this important piece of legislation. it clear to the Secretary that not only yield myself such time as I may con- Last Friday in Atlanta, Georgia, at our does he have that authority and we ex- sume. State Capitol, and along with the gen- pect that he will work with it, but also Madam Speaker, I rise today in sup- tlemen from Georgia, Mr. GINGREY and to give him a more permanent author- port of the HEROES Act introduced by Mr. LINDER, and our Governor, I signed ity in the case of a national emergency

VerDate Dec 13 2002 00:55 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.013 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2525 that he can, in fact, defer these pay- for Student Act of 2003, or more appro- not solve every issue that will arise, ments. priately called the HEROES Act. I the HEROES Act will alleviate con- Members of our committee have a want to thank my colleague from Min- cerns around student financial assist- very good relationship with the Sec- nesota (Mr. KLINE) and the gentleman ance and postsecondary education. It retary of Education. He is working from Ohio (Mr. RYAN) for their leader- also stands as a clear indication of the with those institutions and agencies ship in bringing this bill to the floor, commitment of this Congress to the today to ensure that our active duty especially the gentleman from Min- men and women fighting to protect the soldiers, sailors, airmen, and the rest nesota (Mr. KLINE), who spent 25 years freedoms of this great Nation. have this protection. I do think the as a Marine and learned great leader- I urge my colleagues to unite in their passage of this will give him clear au- ship skills with that great body and support for the brave men and women thority to make sure that they and now is bringing those great leadership fighting in Operation Iraqi Freedom their families do not have this in this skills here to Congress which are exem- and elsewhere and strongly support the time of war. plified by him bringing this bill to the bipartisan HEROES Act. I look forward to swift passage of this legislation. b 1230 floor. The HEROES Act provides the Sec- Mr. KLINE. Madam Speaker, I yield 2 Again, I wanted to congratulate both retary of Education with specific waiv- minutes to the gentleman from Geor- of my colleagues for their efforts on er authority under title IV of the High- gia (Mr. BURNS), a member of the Com- this bill and urge all of my colleagues er Education Act, which governs stu- mittee on Education and the Work- in the House to support the HEROES dent financial assistance programs. force, a man with extensive experience Act of 2003. The Secretary would be able to provide in higher education. Mr. RYAN of Ohio. Madam Speaker, I relief to those students with student Mr. BURNS. Madam Speaker, we yield myself such time as I may con- loans and other title IV assistance who have before us today a sensible piece of sume. have been called to active duty and legislation that will support our troops I would also like to thank the chair- those active duty military being reas- in completing their education, a bill man of the committee for all of his signed to different duty stations. We that will help our troops participate in work also on this effort. He has been are asking a great deal of our men and the Federal financial aid program by great to work with; and I think, again, women in the military. They are going cutting through the administrative hurdles upon their return from active this is a good first step for us to take. forward to fight in Operation Iraqi duty. And while he is here, I just wanted to Freedom, and they are doing so with mention a couple of people, one who is H.R. 1412 would ask postsecondary in- great distinction. Their lives are being stitutions to provide a full refund of from my district in Ohio, Krista disrupted, and we need to give them Rosado, Madam Speaker. She is a Re- tuitions and fees to students for the pe- our full support. The last thing these riod that they are not able to complete servist in my district. She has been men and women need to worry about is called to duty for up to 2 years for the because of their service to America. It making a student loan payment or would also minimize difficult enroll- war on terror. She is a technical ser- worry about how they will reenroll in geant, and she has student loans in the ments or reapplication requirements schooling when they return. making it easier for military personnel amount of $11,400 with a 7 percent in- H.R. 1412 will provide the Secretary to reenter the postsecondary education terest rate. of Education with the opportunity to Now, under the current legislation environment when they return from relieve those concerns and allow them serving their Nation. The HEROES bill that we are dealing with, she will ac- to focus on the difficult and dangerous crue over $1,400 in additional interest would excuse military personnel from jobs that they have been assigned to their Federal student loan obligations on her loan. So when she does get back do. This bill will also relieve the bur- from service, she will owe this money. while they are on active duty in service dens on the families here at home be- to the United States. While these men And I think the natural next step for cause they will not have to deal with us to take is to say to Krista, thank and women are fighting for our free- loan collectors hounding them for stu- dom overseas, they should not be wor- you for your service, thank you for dents loan payments, among other rying about repaying their student your sacrifice, and we will take care of things. loans. the interest on your loan while you Another important aspect of the HE- Our military Reservists are called to were over serving your country. ROES Act is that it allows the Sec- serve the Nation. It is our duty to pro- Mr. BOEHNER. Madam Speaker, will retary of Education to act quickly vide them with the support and flexi- the gentleman yield? should a situation arise that has not bility they need to avoid financial Mr. RYAN of Ohio. I yield to the gen- been considered. It allows him to pro- hardship as they defend freedom and tleman from Ohio. tect the interests of our military per- protect our safety. Mr. BOEHNER. Madam Speaker, as I sonnel while at the same time ensuring Madam Speaker, this is a good bill have mentioned to the gentleman and the integrity of the Federal Student for the men and women who are fight- staff, we have worked on his important Assistance Programs. The Secretary of ing for our future. I am proud to be a addition to this bill, but under the 1973 Education is in a unique position to act co-sponsor of this legislation, and I Budget Act we are required to find off- as ambassador between the students, urge the support of its passage from sets. As the gentleman is aware, there institutions of higher education, and my colleagues. is about a $10 million cost estimate the student aid community to ensure Mr. RYAN of Ohio. Madam Speaker, I from the CBO on this bill. But I com- the necessary accommodations are pro- reserve the balance of my time. mit to the gentleman we will continue vided to those who are affected by the Mr. KLINE. Madam Speaker, I yield 2 to work with you to try to find these conflict before us. minutes to the gentleman from Ne- offsets under the Budget Act so that we I want to applaud the Secretary and braska (Mr. OSBORNE), my colleague on can, in fact, bring this bill to the floor. his staff for the work they have done the Committee on Education and the Mr. RYAN of Ohio. Reclaiming my since the tragedy of September 11 to Workforce. time, I thank the gentleman, and I provide the relief and flexibility to our Mr. OSBORNE. Madam Speaker, I look forward to working with him. military and others. I also want to ac- would like to join those congratulating Madam Speaker, I reserve the bal- knowledge the efforts put forward by the gentleman from Minnesota (Mr. ance of my time. the postsecondary education commu- KLINE) for his introduction of H.R. 1412. Mr. REYNOLDS. Madam Speaker, I nity, lenders, loan servicers, secondary Madam Speaker, a high percentage of yield 3 minutes to the gentleman from markets and students loan guarantee our military personnel are Reservists California (Mr. MCKEON), the chairman agencies in the student loan programs and National Guardsmen. These are or- of the Subcommittee on 21st Century who work with all of those affected by dinary citizens; they have families. Competitiveness. the events that have confronted us. Many of them are in school. Many are Mr. MCKEON. Madam Speaker, I rise The bipartisan HEROES Act will go a in higher education. in strong support of H.R. 1412, the long way in reducing some of the bur- I would like to call attention to a Higher Education Relief Opportunity dens facing our military. While it will couple of aspects of H.R. 1412 which

VerDate Dec 13 2002 00:55 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.015 H01PT1 H2526 CONGRESSIONAL RECORD — HOUSE April 1, 2003 have heretofore been somewhat ig- gia (Mr. GINGREY), another of my col- our soldiers are just going to be acti- nored. Number one, this particular leg- leagues on the Committee on Edu- vated for maybe a few months, where islation allows Reservists who leave cation and the Workforce. the accrual of interest would not be college and universities for military Mr. GINGREY. Madam Speaker, I that significant. But as we see this service to return with the same aca- thank the gentleman from Minnesota conflict start to extend from a year to demic standing as they had when they (Mr. KLINE) for yielding me time. 2 years, or how long the President de- left. And this may seem kind of minor, When we have legislation in this cides, we need to understand that the but it is very important because in body, often times we come up with an accrual of that interest needs to be many graduate programs if you are not acronym. In this particular bill, the taken care of, because these soldiers there for consecutive semesters, you HEROES Act, Higher Education Relief who, many as we know are making lose your standing. You are no longer Opportunity Act for Students, what a great sacrifices not only physically, in the graduate college. Also some- great acronym for H.R. 1412, because but economically at home, and many of times after a period of absence, a stu- truly we are talking about doing some- these soldiers who are over there are dent will lose credits and so this legis- thing for our young men and women not earning nearly the amount that lation prevents that from happening. I who are indeed our heroes. they would be earning if they were think that is very important. Also this We emphasize so much to young peo- working here in this country. legislation urges full refunds of tuition ple that there is nothing more valuable They are taking significant pay cuts, and fees for those who are called to ac- to them in life than an education; and taking enormous physical risks, and so tive duty. Often times this happens in we want them, indeed, all of us, to be the forbearance for a short conflict, the the middle of the semester, and the lifelong learners, and there is no more subsidies and deferment for longer con- student may have already paid thou- noble calling, of course, then service to flicts where there is an opportunity to sands of dollars in tuition and fees and one’s country and putting one’s life, in- have significant accrual of the interest, normally the universities, when you deed, in harm’s way for this country as I think that is a next logical step. drop out, do not refund these, so this these students are now doing. So I We are here to support these young does call for a full refund. And of commend the gentleman from Min- men and young women who are fight- course we have already discussed the nesota (Mr. KLINE), my colleague on ing for this country, not just the sol- fact that this does relieve Reservists the Committee on Education and the diers on the front lines, but also those from payments of student loans while Workforce. I commend the gentleman following whom we have seen become on duty, which is very, very important. from Ohio (Mr. RYAN), my colleague prisoners of war and missing in action. On April 15, 2002, the State of Ne- also on this committee. In listening to This is a very dangerous endeavor that braska enacted the above provisions for his testimony, it is obvious where his we have taken. those called to active duty through a heart is in regards to wanting to actu- I thank the gentleman again and memorandum agreement between the very much look forward to working Governor and the colleges and univer- ally extend relief even more than this with him to take this to the next step sities. This was certainly a very good bill will do in regard to mitigating the and to the next level. I very much look step for the State of Nebraska and, of accrual of interest during the time forward to working with the gentleman course, this legislation to make these that these young men and women are and the chairman of the committee to provisions applicable nationwide. So I serving our country. do that. urge its support and, again, want to And as the chairman of our com- Madam Speaker, I yield back the bal- thank the gentleman from Minnesota mittee, the gentleman from Ohio (Mr. BOEHNER), indicated, when we can fig- ance of my time. (Mr. KLINE) for his introduction of this Mr. KLINE. Madam Speaker, I yield bill. It is a good bill and something we ure out an opportunity to offset some myself such time as I may consume. can all be proud of in a bipartisan man- of the costs of that, certainly we want I would like to start by saying ner in this House of Representatives. to work very closely with the gen- Mr. RYAN of Ohio. Madam Speaker, I tleman from Ohio. But it is indeed a thanks again to my colleague, the gen- yield myself 2 minutes. wonderful bill and it is saying to these tleman from Ohio, for his passionate Madam Speaker, I also want to thank students, you can go right back to interest in this bill, for his support of the gentleman from Nebraska (Mr. school as soon as your duty to this the bill; and I, too, look forward to OSBORNE), who is also a colleague of country is over with. The families will working with him in the days and mine on the Committee on Education not be put upon during that interim for weeks that come ahead to make sure and the Workforce. I do not think there payment of interest; and I am a very that we are doing the very best that we is a Member of this Congress who has proud, proud supporter of H.R. 1412, the can for our men and women who have more experience dealing with some of HEROES Act. been called to active duty. the hardships that young people deal Mr. RYAN of Ohio. Madam Speaker, I I appreciate very much the many re- with when in college. He mentioned yield myself such time as I may con- marks of my colleagues here today. We that some of the Reservists who are on sume. have had remarks from a college pro- active duty and who have been acti- I would like to thank the gentleman fessor and from a college coach and vated that the HEROES Act is going to for his fine work on the committee and from people with years of experience help. Sixty-seven percent of the Re- his pledge of support to work with us. on this committee. I very much appre- servists have some college education I think given the intellect of this body, ciate the work they have done on this. with which this bill will be able to as- we should be should be able to figure I am grateful for the credit that has sist them, some college education or out a way to make this happen and to been given to me for bringing this bill more; 25.8 percent have some college make sure that the soldiers over there forward, but the truth is, I am fol- education but not yet have received a who are sacrificing and risking life and lowing the steps of some people who degree; and then of which the HEROES limb for our own freedoms in this coun- have blazed the trail ahead of me. Act will also help 12.1 percent have an try, we should be able to work it out. This is a very, very important bill. It associate’s degree; 20 percent have a In closing, Madam Speaker, again, is important for our colleagues, for bachelor’s degree; 7 percent have a this HEROES Act is a great first step families and for the men and women in master’s degree; and 2 percent have a for us. As we said earlier, this address- uniform, and I urge my colleagues to doctoral or some professional degree. es a number of people who are soldiers, stand in strong support of the Heroes So this HEROES Act is going to ad- who are making sacrifice for this coun- Act and vote yes on H.R. 1412. dress a significant number of people try and really for freedom around the Mr. REYES. Madam Speaker, I rise today in who are currently serving their coun- world. support of H.R. 1412, the Higher Education try. Again, I commend the gentleman Relief Opportunities for Students Act of 2003, b 1245 for introducing this legislation. which would assist students who have an- Madam Speaker, I reserve the bal- Again, just to reiterate, the forbear- swered the call to serve our nation and stu- ance of my time. ance is a great first step. I think the dents whose lives may be disrupted by a na- Mr. KLINE. Madam Speaker, I yield 2 intention of forbearing a loan, again, is tional disaster connected to the current war ef- minutes to the gentleman from Geor- for more of the shorter conflicts where fort.

VerDate Dec 13 2002 00:55 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.018 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2527 The Higher Education Relief Opportunities I support H.R. 1412, Madam Speaker, be- Workforce for introducing this critical legisla- for Students Act would waive or modify any cause we must support the members of our tion and bringing it to the floor today. It is a provisions applicable to federal student finan- Armed Forces in every way that we can, in- symbol of support for the brave men and cial aid programs in order to assist students cluding in their educations. women involved in Operation Iraqi Freedom who are honorably serving in the Persian Gulf. Mr. HOLT. Madam Speaker, as our nation is and for all of those who selflessly devote their These young men and women are risking their at war in the Persian Gulf, many men and lives to protecting our nation and our freedom. lives today to protect our nation’s freedom and women who serve in our nation’s armed Mr. KLINE. Madam Speaker, I have liberty. This bill will ensure that those mem- forces have been called up to active duty, in- no further requests for time, and I bers of our Armed Services who have put their cluding many college and university students. yield back the balance of my time. studies on hold are not placed in a worse fi- Many of these students participate in federal The SPEAKER pro tempore (Mrs. nancial position as a result of their service to financial aid programs, and in order to ensure CAPITO). The question is on the motion our nation. This is the least we can do. the utmost flexibility during the time that they offered by the gentleman from Min- In keeping with this objective, this bill will are engaged in military service, it is essential nesota (Mr. KLINE) that the House sus- assure that administrative requirements for that the Department of Education be given ex- pend the rules and pass the bill, H.R. these armed service members are minimized. tended waiver authority to accommodate the 1412. Not only will this bill prevent any financial bur- needs of our troops. The question was taken. den that these troops may otherwise experi- This is why I support H.R. 1412 Higher Edu- The SPEAKER pro tempore. In the ence as a result of serving our country, but by cation Relief Opportunities for Students (HE- opinion of the Chair, two-thirds of extension will serve to facilitate their transition ROES) Act of 2003. those present have voted in the affirm- into and out of active service. The bill will extend the waive authority ative. In addition to protecting students who today granted to the Secretary of Education to allow Mr. KLINE. Madam Speaker, on that find themselves defending our nation, one of him to provide the appropriate assistance and I demand the yeas and nays. the provisions in the bill grants institutions of flexibility to our men and women in uniform as The yeas and nays were ordered. higher education, eligible lenders, and guar- they transfer in and out of postsecondary edu- The SPEAKER pro tempore. Pursu- anty agencies located in any area declared a cation during a time of war. ant to clause 8 of rule XX and the disaster temporary relief from infeasible and The extended waiver authority provided for Chair’s prior announcement, further unreasonable requirements. in the HEROES bill addresses the need to as- proceedings on this motion will be We must make sure that all of our students sist students who are being asked to disrupt postponed. are protected against any burden they may their lives in the defense of the freedoms we f face as a result of the current war. I am proud all hold so precious. to support of H.R. 1412, the Higher Education It will also allow the Secretary to address BUSINESS CHECKING FREEDOM Relief Opportunities for Students Act of 2003 events now unforeseen. It also urges all post- ACT OF 2003 and strongly urge my colleagues to do the secondary institutions to provide a full refund Mr. BACHUS. Madam Speaker, I same. of tuition, fees and other charges to students move to suspend the rules and pass the Ms. JACKSON-LEE of Texas. Madam who are members of the Armed Forces or are bill (H.R. 758) to allow all businesses to Speaker, I rise in support of H.R. 1412. serving on active duty, including the Reserves make up to 24 transfers each month I support H.R. 1412 because the Higher and National Guard. from interest-bearing transaction ac- Education Relief Opportunities for Students What a positive message it would send to counts to other transaction accounts, Act of 2003 ensures that the brave young men the hundreds of thousands of American men to require the payment of interest on and women of our armed services will not and women in uniform currently risking their reserves held for depository institu- have their educations compromised when they lives to help them with their student loans. Re- tions at federal reserve banks, and for answer the call to active duty. call the fine, positive effect of the GI education other purposes, as amended. H.R. 1412 grants the Secretary of Education bills. The Clerk read as follows: the discretion to provide financial aid relief, tui- Our men and women deserve our help. As H.R. 758 tion refunds, or credits to members of our the brave men and women of the United Armed Forces when they respond to military States are engaged in this difficult and dan- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in operations or national emergencies. gerous war we should limit the negative im- Congress assembled, When enlisted men and women, who are pacts on them and their families here at home. SECTION 1. SHORT TITLE. also students at colleges and universities, are I ask my colleagues to support H.R. 1412 This Act may be cited as the ‘‘Business Check- called to active duty, H.R. 1412 will allow the Higher Education Relief Opportunities for Stu- ing Freedom Act of 2003’’. Secretary of Education to grant waivers and dents Act. SEC. 2. INTEREST-BEARING TRANSACTION AC- statutory exceptions to protect their enrollment Mr. EMANUEL. Madam Speaker. I rise COUNTS AUTHORIZED FOR ALL and financial aid status. today in support of H.R. 1412, the Higher Edu- BUSINESSES. It will also empower the Secretary of Edu- cation Relief Opportunities for Students Act. (a) Section 2 of Public Law 93–100 (12 U.S.C. cation with the discretion to grant a full tuition This is timely, essential legislation which en- 1832) is amended— refund to members of our Armed Services sures that those brave men and women who (1) by redesignating subsections (b) and (c) as make enormous sacrifices for our nation do subsections (c) and (d), respectively; and who are called to active duty. (2) by inserting after subsection (a) the fol- This discretion will empower the Secretary not forfeit their right to an affordable and ac- lowing: to drastically reduce the likelihood that enlisted cessible education. ‘‘(b) Notwithstanding any other provision of men’s and women’s educations will be jeop- Members of the armed forces often spend law, any depository institution may permit the ardized by inadvertent, technical violations or considerable time away from their families, owner of any deposit or account which is a de- defaults when they are called to service. It stall other career and educational goals, and, posit or account on which interest or dividends also ensures that members of our Armed most significantly, expose themselves to the are paid and is not a deposit or account de- Forces do not forfeit their tuition payments risk of serious injury or death. These individ- scribed in subsection (a)(2) to make up to 24 when they answer the call to service. uals and their families deserve our greatest re- transfers per month (or such greater number as the Board of Governors of the Federal Reserve Hundreds of thousands of young men and spect, and certainly deserve the assurance System may determine by rule or order), for any women have been called to active duty in our that they will not be unfairly penalized for their purpose, to another account of the owner in the Army, Navy, Air Force, Marine Corps, and time spent in military service. same institution. An account offered pursuant Coast Guard. The promise of higher education, and the to this subsection shall be considered a trans- These heroes put the safety of every Amer- availability of federal financial assistance to action account for purposes of section 19 of the ican citizen before themselves. They risk their make this opportunity a reality, represent key Federal Reserve Act unless the Board of Gov- lives, and their educations, so that we can be components of the American experience. It is ernors of the Federal Reserve System determines safe. only right that we ensure access to higher otherwise.’’. (b) Effective at the end of the 2-year period H.R. 1412 protects the members of our education for those who work to protect the beginning on the date of the enactment of this Armed Forces. It ensures that they will not be values and privileges that we enjoy as Ameri- Act, section 2 of Public Law 93–100 (12 U.S.C. in a worse position financially or in their edu- cans. 1832) is amended— cation as a result of their status as students I applaud Congressman KLINE and the other (1) in subsection (a)(1), by striking ‘‘but sub- and soldiers. Members of the Committee on Education and ject to paragraph (2)’’;

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(2) by striking paragraph (2) of subsection (a) shall obtain annually a sample, which is rep- ‘‘(1) PREPARATION.—The Board of Governors and inserting the following new paragraph: resentative by type and size of the institution of the Federal Reserve System shall prepare a ‘‘(2) No provision of this section may be con- (including small institutions) and geographic lo- report of the results of each survey conducted strued as conferring the authority to offer de- cation, of the following retail banking services pursuant to subsections (a) and (b) of this sec- mand deposit accounts to any institution that is and products provided by insured depository in- tion and section 136(b)(1) of the Consumer Cred- prohibited by law from offering demand deposit stitutions and insured credit unions (along with it Protection Act. accounts.’’; and related fees and minimum balances): ‘‘(2) CONTENTS OF THE REPORT.—In addition (3) in subsection (b) (as added by subsection ‘‘(1) Checking and other transaction accounts. to the data required to be collected pursuant to (a) of this section) by striking ‘‘and is not a de- ‘‘(2) Negotiable order of withdrawal and sav- subsections (a) and (b), each report prepared posit or account described in subsection (a)(2)’’. ings accounts. pursuant to paragraph (1) shall include a de- SEC. 3. INTEREST-BEARING TRANSACTION AC- ‘‘(3) Automated teller machine transactions. scription of any discernible trend, in the Nation COUNTS AUTHORIZED. ‘‘(4) Other electronic transactions. as a whole, in a representative sample of the 50 (a) REPEAL OF PROHIBITION ON PAYMENT OF ‘‘(b) MINIMUM SURVEY REQUIREMENT.—The States (selected with due regard for regional dif- INTEREST ON DEMAND DEPOSITS.— annual survey described in subsection (a) shall ferences), and in each consolidated metropolitan (1) FEDERAL RESERVE ACT.—Section 19(i) of meet the following minimum requirements: statistical area (as defined by the Director of the the Federal Reserve Act (12 U.S.C. 371a) is ‘‘(1) CHECKING AND OTHER TRANSACTION AC- Office of Management and Budget), in the cost amended to read as follows: COUNTS.—Data on checking and transaction ac- and availability of the retail banking services, ‘‘(i) [Repealed]’’. counts shall include, at a minimum, the fol- including those described in subsections (a) and (2) HOME OWNERS’ LOAN ACT.—The first sen- lowing: (b) (including related fees and minimum bal- tence of section 5(b)(1)(B) of the Home Owners’ ‘‘(A) Monthly and annual fees and minimum ances), that delineates differences between insti- Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended balances to avoid such fees. tutions on the basis of the type of institution ‘‘(B) Minimum opening balances. by striking ‘‘savings association may not—’’ and and the size of the institution, between large ‘‘(C) Check processing fees. all that follows through ‘‘(ii) permit any’’ and and small institutions of the same type, and any ‘‘(D) Check printing fees. engagement of the institution in multistate ac- inserting ‘‘savings association may not permit ‘‘(E) Balance inquiry fees. tivity. any’’. ‘‘(F) Fees imposed for using a teller or other ‘‘(3) SUBMISSION TO CONGRESS.—The Board of (3) FEDERAL DEPOSIT INSURANCE ACT.—Section institution employee. Governors of the Federal Reserve System shall 18(g) of the Federal Deposit Insurance Act (12 ‘‘(G) Stop payment order fees. submit an annual report to the Congress not U.S.C. 1828(g)) is amended to read as follows: ‘‘(H) Nonsufficient fund fees. ‘‘(g) [Repealed]’’. ‘‘(I) Overdraft fees. later than June 1, 2005, and not later than June (b) EFFECTIVE DATE.—The amendments made ‘‘(J) Deposit items returned fees. 1 of each subsequent year. by subsection (a) shall take effect at the end of ‘‘(K) Availability of no-cost or low-cost ac- ‘‘(d) DEFINITIONS.—For purposes of this sec- the 2-year period beginning on the date of the counts for consumers who maintain low bal- tion, the term ‘insured depository institution’ enactment of this Act. ances. has the meaning given such term in section 3 of SEC. 4. PAYMENT OF INTEREST ON RESERVES AT ‘‘(2) NEGOTIABLE ORDER OF WITHDRAWAL AC- the Federal Deposit Insurance Act, and the term FEDERAL RESERVE BANKS. COUNTS AND SAVINGS ACCOUNTS.—Data on nego- ‘insured credit union’ has the meaning given (a) IN GENERAL.—Section 19(b) of the Federal tiable order of withdrawal accounts and savings such term in section 101 of the Federal Credit Reserve Act (12 U.S.C. 461(b)) is amended by accounts shall include, at a minimum, the fol- Union Act.’’. adding at the end the following new paragraph: lowing: (2) CONFORMING AMENDMENT.— (A) IN GENERAL.—Paragraph (1) of section ‘‘(12) EARNINGS ON RESERVES.— ‘‘(A) Monthly and annual fees and minimum 136(b) of the Truth in Lending Act (15 U.S.C. ‘‘(A) IN GENERAL.—Balances maintained at a balances to avoid such fees. 1646(b)(1)) is amended to read as follows: Federal reserve bank by or on behalf of a depos- ‘‘(B) Minimum opening balances. ‘‘(1) COLLECTION REQUIRED.—The Board shall itory institution may receive earnings to be paid ‘‘(C) Rate at which interest is paid to con- collect, on a semiannual basis, from a broad by the Federal reserve bank at least once each sumers. sample of financial institutions which offer calendar quarter at a rate or rates not to exceed ‘‘(D) Check processing fees for negotiable credit card services, credit card price and avail- the general level of short-term interest rates. order of withdrawal accounts. ‘‘(E) Fees imposed for using a teller or other ability information including— ‘‘(B) REGULATIONS RELATING TO PAYMENTS ‘‘(A) the information required to be disclosed AND DISTRIBUTION.—The Board may prescribe institution employee. ‘‘(F) Availability of no-cost or low-cost ac- under section 127(c) of this chapter; regulations concerning— ‘‘(B) the average total amount of finance ‘‘(i) the payment of earnings in accordance counts for consumers who maintain low bal- ances. charges paid by consumers; and with this paragraph; ‘‘(C) the following credit card rates and fees: ‘‘(3) AUTOMATED TELLER TRANSACTIONS.— ‘‘(ii) the distribution of such earnings to the ‘‘(i) Application fees. depository institutions which maintain balances Data on automated teller machine transactions ‘‘(ii) Annual percentage rates for cash ad- at such banks or on whose behalf such balances shall include, at a minimum, the following: vances and balance transfers. are maintained; and ‘‘(A) Monthly and annual fees. ‘‘(iii) Maximum annual percentage rate that ‘‘(B) Card fees. ‘‘(iii) the responsibilities of depository institu- may be charged when an account is in default. tions, Federal home loan banks, and the Na- ‘‘(C) Fees charged to customers for with- ‘‘(iv) Fees for the use of convenience checks. tional Credit Union Administration Central Li- drawals, deposits, and balance inquiries ‘‘(v) Fees for balance transfers. quidity Facility with respect to the crediting through institution-owned machines. ‘‘(vi) Fees for foreign currency conversions.’’. ‘‘(D) Fees charged to customers for with- and distribution of earnings attributable to bal- (B) EFFECTIVE DATE.—The amendment made drawals, deposits, and balance inquiries ances maintained, in accordance with sub- by subparagraph (A) shall take effect on Janu- through machines owned by others. section (c)(1)(A), in a Federal reserve bank by ary 1, 2004. ‘‘(E) Fees charged to noncustomers for with- any such entity on behalf of depository institu- (3) REPEAL OF OTHER REPORT PROVISIONS.— drawals, deposits, and balance inquiries tions. Section 1002 of Financial Institutions Reform, through institution-owned machines. ‘‘(C) DEPOSITORY INSTITUTIONS DEFINED.—For Recovery, and Enforcement Act of 1989 and sec- ‘‘(F) Point-of-sale transaction fees. purposes of this paragraph, the term ‘depository tion 108 of the Riegle-Neal Interstate Banking ‘‘(4) OTHER ELECTRONIC TRANSACTIONS.—Data institution’, in addition to the institutions de- and Branching Efficiency Act of 1994 are hereby on other electronic transactions shall include, at repealed. scribed in paragraph (1)(A), includes any trust a minimum, the following: company, corporation organized under section (d) TECHNICAL AND CONFORMING AMEND- ‘‘(A) Wire transfer fees. MENTS.—Section 19 of the Federal Reserve Act 25A or having an agreement with the Board ‘‘(B) Fees related to payments made over the under section 25, or any branch or agency of a (12 U.S.C. 461) is amended— Internet or through other electronic means. (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by foreign bank (as defined in section 1(b) of the ‘‘(5) OTHER FEES AND CHARGES.—Data on any striking subparagraph (C) and redesignating International Banking Act of 1978).’’. other fees and charges that the Board of Gov- subparagraphs (D) and (E) as subparagraphs (b) AUTHORIZATION FOR PASS THROUGH RE- ernors of the Federal Reserve System determines (C) and (D), respectively; and SERVES FOR MEMBER BANKS.—Section to be appropriate to meet the purposes of this (2) in subsection (c)(1)(A) (12 U.S.C. 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. section. 461(c)(1)(A)), by striking ‘‘subsection (b)(4)(C)’’ 461(c)(1)(B)) is amended by striking ‘‘which is ‘‘(6) FEDERAL RESERVE BOARD AUTHORITY.— and inserting ‘‘subsection (b)’’. not a member bank’’. The Board of Governors of the Federal Reserve SEC. 5. INCREASED FEDERAL RESERVE BOARD (c) CONSUMER BANKING COSTS ASSESSMENT.— System may cease the collection of information FLEXIBILITY IN SETTING RESERVE (1) IN GENERAL.—The Federal Reserve Act (12 with regard to any particular fee or charge REQUIREMENTS. U.S.C. 221 et seq.) is amended— specified in this subsection if the Board makes a Section 19(b)(2)(A) of the Federal Reserve Act (A) by redesignating sections 30 and 31 as sec- determination that, on the basis of changing (12 U.S.C. 461(b)(2)(A)) is amended— tions 31 and 32, respectively; and practices in the financial services industry, the (1) in clause (i), by striking ‘‘the ratio of 3 per (B) by inserting after section 29 the following collection of such information is no longer nec- centum’’ and inserting ‘‘a ratio not greater than new section: essary to accomplish the purposes of this sec- 3 percent (and which may be zero)’’; and ‘‘SEC. 30. SURVEY OF BANK FEES AND SERVICES. tion. (2) in clause (ii), by striking ‘‘and not less ‘‘(a) ANNUAL SURVEY REQUIRED.—The Board ‘‘(c) ANNUAL REPORT TO CONGRESS RE- than 8 per centum,’’ and inserting ‘‘(and which of Governors of the Federal Reserve System QUIRED.— may be zero),’’.

VerDate Dec 13 2002 00:59 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A01AP7.001 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2529 SEC. 6. TRANSFER OF FEDERAL RESERVE SUR- may have 5 legislative days within Madam Speaker, I reserve the bal- PLUSES. which to revise and extend their re- ance of my time. (a) IN GENERAL.—Section 7(b) of the Federal Mr. MATHESON. Madam Speaker, I Reserve Act (12 U.S.C. 289(b)) is amended by marks and include extraneous material adding at the end the following new paragraph: on H.R. 758. yield myself as much time as I may ‘‘(4) ADDITIONAL TRANSFERS TO COVER INTER- The SPEAKER pro tempore. Is there consume. EST PAYMENTS FOR FISCAL YEARS 2003 THROUGH objection to the request of the gen- I rise today in support of H.R. 758, 2007.— tleman from Alabama? the Business Checking Freedom Act of ‘‘(A) IN GENERAL.—In addition to the amounts There was no objection. 2003. By repealing the prohibition on required to be transferred from the surplus Mr. BACHUS. Madam Speaker, I the payment of interest on demand de- funds of the Federal reserve banks pursuant to yield myself 3 minutes. posits, this bill will repeal the last ves- subsection (a)(3), the Federal reserve banks tige of interest rate controls enacted in shall transfer from such surplus funds to the The legislation before us today, H.R. Board of Governors of the Federal Reserve Sys- 758, the Business Checking Freedom the 1930s during the Depression. This tem for transfer to the Secretary of the Treasury Act, is a result of two things. In 1996, in prohibition long ago ceased to serve for deposit in the general fund of the Treasury, a joint report called Streamlining Reg- any useful purpose and has imposed un- such sums as are necessary to equal the net cost ulatory Requirements, the board of necessary costs on banks and their of section 19(b)(12) in each of the fiscal years governors of the Federal Reserve, the business customers, particularly small 2003 through 2007. Federal Deposit Insurance Corporation, banks and businesses that cannot af- ‘‘(B) ALLOCATION BY FEDERAL RESERVE the Comptroller of the Currency and ford sophisticated cash management BOARD.—Of the total amount required to be paid products. The repeal of this prohibition by the Federal reserve banks under subpara- the OTS determined that the 1933 stat- graph (A) for fiscal years 2003 through 2007, the utory prohibition against paying of in- is long overdue. Board of Governors of the Federal Reserve Sys- terest on business checking accounts For institutions that cannot offer de- tem shall determine the amount each such bank no longer serves a public purpose. mand deposits, however, the bill in- shall pay in such fiscal year. Last year, President Bush joined cludes a provision added as a result of ‘‘(C) REPLENISHMENT OF SURPLUS FUND PRO- many others in saying that small an amendment that I cosponsored with HIBITED.—During fiscal years 2003 through 2007, banks should be allowed to pay interest the gentleman from California (Mr. no Federal reserve bank may replenish such ROYCE), the gentleman from Massachu- bank’s surplus fund by the amount of any on their small business checking ac- counts. The reasons for this are basi- setts (Mr. FRANK), the ranking mem- transfer by such bank under subparagraph ber, and others that permits depository (A).’’. cally two- or threefold. (b) TECHNICAL AND CONFORMING AMEND- One is, it is a free-market approach. institutions to offer interest-bearing MENT.—Section 7(a) of the Federal Reserve Act More than that, though, there is an ad- negotiable order of withdrawal, or (12 U.S.C. 289(a)) is amended by adding at the vantage now in the present prohibition NOW, accounts to their commercial end the following new paragraph: against small banks. Large banks can customers. This provision will allow in- ‘‘(3) PAYMENT TO TREASURY.—During fiscal stitutions such as industrial loan com- years 2003 through 2007, any amount in the sur- offer complex sweep accounts or other sophisticated ways of offering implicit panies to offer the same type of inter- plus fund of any Federal reserve bank in excess est-bearing account to business cus- of the amount equal to 3 percent of the paid-in interest on checking accounts. Small capital and surplus of the member banks of such banks simply do not have the resources tomers that they have long been able bank shall be transferred to the Secretary of the to do this. to offer to individuals, nonprofit orga- Treasury for deposit in the general fund of the Secondly, large corporations today nizations and public entities. I think it is important to note this Treasury.’’. have several alternatives with what provision does not permit industrial SEC. 7. RULE OF CONSTRUCTION. they can do with their funds to get in- In the case of an escrow account maintained companies to offer demand deposits. As terest. Small businesses, more often at a depository institution in connection with a has been the case since the enactment than not, have to rely on checking ac- real estate transaction— of the Competitive Banking Equality counts and are denied equal treatment. (1) the absorption, by the depository institu- Act of 1987, ILCs would continue to be tion, of expenses incidental to providing a nor- So this will level the playing field be- prohibited from offering demand depos- mal banking service with respect to such escrow tween small banks and larger financial its. Moreover, ILCs will continue to be account; institutions. It will also level the play- subject to the same safety and sound- (2) the forbearance, by the depository institu- ing field between small and large busi- tion, from charging a fee for providing any such ness regulations by the FDIC and by banking function; and nesses. their State regulators as under current I want to commend the gentleman (3) any benefit which may accrue to the hold- law. er or the beneficiary of such escrow account as from Pennsylvania (Mr. TOOMEY), the There is no indication that State reg- a result of an action of the depository institu- gentlewoman from New York (Mrs. ulators will allow their chartering au- tion described in subparagraph (1) or (2) or simi- KELLY), the cosponsors of this legisla- lar in nature to such action, thority to be used in an inappropriate tion. I want to particularly commend manner. I note, for example, that State shall not be treated as the payment or receipt of the gentleman from Ohio (Mr. OXLEY) interest for purposes of this Act and any provi- authorities in the past have rejected for making this a priority. applications by some commercial com- sion of Public Law 93–100, the Federal Reserve In closing, I want to say that this Act, the Home Owners’ Loan Act, or the Federal panies to establish ILCs where there Deposit Insurance Act relating to the payment legislation has passed the House twice were concerns about how the charter of interest on accounts or deposits at depository in the 107th Congress. It has wide bi- would be used. institutions, provided, however, that nothing partisan support. It came out of the H.R. 758 also will permit the Federal herein shall be construed so as to require a de- Committee on Financial Services on a Reserve Board to lower the reserves it pository institution that maintains an escrow large, one-sided vote. It has the en- currently requires on transaction ac- account in connection with a real estate trans- dorsement of certain groups, of the counts, such as demand deposits and action to pay interest on such escrow account or Chamber of Commerce, NFIB, Inde- NOW accounts, and to pay interest on to prohibit such institution from paying interest pendent Insurance Agents, American on such escrow account. Nor shall anything the reserve balances that depository herein be construed to preempt the provisions of Community Banks, and I could go on institutions are required to maintain. law of any State dealing with the payment of and on. While providing these cost savings for interest on escrow accounts maintained in con- Finally, I simply want to say there is banks, the bill will require the board to nection with real estate transactions. another provision in this, and this of- conduct an annual survey on a broad The SPEAKER pro tempore. Pursu- fers the Federal Reserve the right to range of bank fees and services and to ant to the rule, the gentleman from pay interest on sterile reserves. Re- report to Congress on trends in the cost Alabama (Mr. BACHUS) and the gen- cently, they testified before our com- and availability of retail banking serv- tleman from Utah (Mr. MATHESON) mittee that by being allowed to pay in- ices. This survey will provide Congress each will control 20 minutes. terest, it would both increase the the information we need to determine The Chair recognizes the gentleman amount of interest that small deposi- the extent to which retail customers from Alabama (Mr. BACHUS). tors could make or a depositor could receive the benefit from the cost sav- GENERAL LEAVE make on their deposits in financial in- ings we are creating with this bill. Mr. BACHUS. Madam Speaker, I ask stitutions, and it would also lower the H.R. 758 is a good, balanced bill that unanimous consent that all Members cost of consumer credit. resulted in benefits for both banks and

VerDate Dec 13 2002 00:59 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.001 H01PT1 H2530 CONGRESSIONAL RECORD — HOUSE April 1, 2003 their customers. I recommend passage difficult circumstance that no amend- While other speakers have described of this bill. ment was allowed to be offered and the bill, I will simply add that this leg- I want to thank the gentleman from that this bill, instead, is being brought islation builds on the important mod- Alabama (Mr. BACHUS), the sub- up under the Suspension Calendar with ernization of financial services that committee chairman, and the gen- exceedingly brief notice. Congress has worked on in recent tleman from Vermont (Mr. SANDERS), Having stated that, the big issue is years. This legislation lifts the prohibi- the ranking member, for this bill. I whether or not we want to change the tion on the payment of interest on want to recognize that the gentleman nature of American finance, and I business checking accounts after a 2- from Ohio (Mr. OXLEY), the chairman would again alert this body, Chairman year phase-in. During the phase-in, of the full committee, and the gen- Greenspan has written that this will banks may increase sweeps to interest tleman from Massachusetts (Mr. change the structure of American paying accounts to four intervals per FRANK) for their support of this, as banking in ways that would have al- month. well; and I want to acknowledge the lowed, for example, Enron or Tyco to The prohibition on interest on both lead sponsors of this bill, which are the own an ILC with expanded powers. In consumer and business accounts was gentlewoman from New York (Mrs. fact, Tyco does own an ILC. It would enacted during the Great Depression. KELLY), the gentlewoman from New have allowed the prospect, with ILCs At the time, it was enacted to limit York (Mrs. MALONEY), the gentle- now becoming the functional equiva- competitive pressures to pay higher in- woman from West Virginia (Mrs. lent of banks, for such companies to terests that were feared would lead to CAPITO), the gentleman from California take over enormous sectors of the bank failures. Today, given the global (Mr. SHERMAN), and the gentleman American banking community. nature of financial services, interstate banking, and advances in technology, from Kansas (Mr. MOORE). b 1300 Madam Speaker, I reserve the bal- interest payment limits only distort ance of my time. I think this would be a mistake. I competition and force businesses to Mr. BACHUS. Madam Speaker, I think this Congress ought to be deeply seek out alternative interest-bearing yield 3 minutes to the gentleman from skeptical of this kind of circumstance, opportunities. Iowa (Mr. LEACH). particularly given the history of the The prohibition on paying interest on Mr. LEACH. Madam Speaker, it is last few years in this country and the consumer checking accounts was re- with a great deal of reluctance that I last several decades in other countries. pealed by Congress more than 20 years rise in opposition to this bill. It con- So despite the fact that this bill is ago and has not increased concern tains many reasonable provisions, most reasonable in many respects, this par- about safety and soundness. Today, the importantly, the payment of interest ticular provision outweighs the en- House takes an important step forward on business checking, with my only tirety of the bill and, in my view, in offering this same benefit to the concern on that point being that it should cause the bill to be defeated. business community. does not immediately go into effect, Mr. MATHESON. Mr. Speaker, I yield Importantly, this legislation will dis- but rather is put off for several years. myself 1 minute to address a couple of proportionately benefit small busi- It also contains a very reasonable the concerns that have been raised. nesses. Small businesses must keep provision that interest be paid by the First of all, there is nothing in this money in checking accounts to meet Fed on sterile reserves held by institu- bill that creates new authority to offer payrolls and pay expenses. They are tions. accounts to businesses. So while the less likely to have complex financial But deeply embedded in this bill is a Federal Reserve did suggest that we arrangements that allow them to get philosophical umbrage of very pro- are altering the structure of banking in around interest restrictions. From res- found proportions. There is a small the United States, the institutions taurants in Astoria, Queens, to high- charter, as referred to by the gen- raised already can offer ILCs. Tyco al- tech startups in Manhattan, this legis- tleman from Utah, called the industrial ready has one. So this bill talks about lation will benefit small businesses loan corporation (ILC) charter. For the parity. It talks about banks and indus- across New York City, State, and the first time, the Congress is moving in trial corporations both offering inter- Nation. The legislation also allows the Fed- the direction of giving this kind of est on business checking accounts. eral Reserve to pay interest on sterile charter the powers that make it the That is all this bill does. reserves. These are reserves private functional equivalent of banks. While There is a broader discussion about banks hold at the Federal Reserve the validity of the ILCs. That is not the gentleman from Utah is correct which the Fed can use as a tool of mon- what this bill is about. It is about of- that there is no effort to offer demand etary policy. This provision is endorsed fering two entities to have parity in deposits, there is the authorization of by Federal Reserve Chairman Alan terms of offering the same service. business checking accounts which are Greenspan. their functional equivalent. And let me mention one other point Mr. Speaker, I want to thank the in this regard, and that is in terms of This particular charter gentleman from Utah (Mr. MATHESON), countenances, and indeed there are a the concern about mixing of banking certainly the gentleman from Pennsyl- and commerce. FDIC Chairman Powell number today, the merger of commerce vania (Mr. TOOMEY), and the gentleman has stated that he does not have any and banking; that is, nonfinancial in- from Pennsylvania (Mr. KANJORSKI), stitutions may own ILC charters. safety or soundness concerns relating and certainly the gentleman from Mas- There is also no prohibition about new to this provision of the bill. sachusetts (Mr. FRANK) for his leader- charters being granted, so new charters Mr. Speaker, I yield 4 minutes to the ship on these issues. presumably can be offered on passage gentlewoman from New York (Mrs. Finally, I want to remind my col- of this act. MALONEY). leagues that this legislation passed the What this does is move the American Mrs. MALONEY. Mr. Speaker, I House by a voice vote in two different financial system in the direction of the thank the gentleman for his leadership forms last Congress, and it is my hope Japanese financial system where they and for yielding me this time. that this legislation is enacted this have financial firms intertwined with Mr. Speaker, I rise in support of H.R. year and we continue the important commercial enterprises and with obvi- 758, the Business Checking Freedom work of modernizing financial services. ous conflicts of interest. Act, which the gentlewoman from New Mr. BACHUS. Mr. Speaker, I yield 3 I would alert this body to the fact York (Mrs. KELLY) introduced and minutes to the gentlewoman from New that Chairman Greenspan and the Fed- which I am pleased to cosponsor. My York (Mrs. Kelley), the sponsor of the eral Reserve of the United States friend and colleague from New York bill. strongly have come out against this was a former small business owner, and Mrs. KELLY. Mr. Speaker, I want to provision, and despite my request, she has been a great advocate for small thank the gentleman from Alabama for there has not been allowance on the businesses and has worked through sev- both yielding me this time and for his House floor for an amendment relating eral Congresses and several twists and work to move this legislation forward. to this amendment to be proffered. I turns on this legislation. I congratu- In addition, I want to thank the gen- personally consider it a philosophically late her on her hard work. tleman from Ohio (Mr. OXLEY) for his

VerDate Dec 13 2002 00:59 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.022 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2531 support, as well as the gentleman from Mr. MATHESON. Mr. Speaker, I re- have a law in the United States of Pennsylvania (Mr. TOOMEY) for the serve the balance of my time. America that says it is illegal for a contribution that he has made to this Mr. BACHUS. Mr. Speaker, I yield 3 bank to pay interest on a business legislation with his bill H.R. 859, which minutes to the gentleman from Penn- checking account. I thought that was was merged into this bill during com- sylvania (Mr. TOOMEY), who, along with the business banks were in, as a matter mittee consideration. the gentlewoman from New York (Mrs. of fact. But in fact it is hard to repeal My bill addresses an issue which has KELLY), is one of the two primary co- a bad law in this country, and we have been pending before Congress for some sponsors of the legislation and both had this one on the books for about 70 time now. This body actually passed a drafted legislation. years. Its repeal is long overdue. Today similar measure by voice vote not once (Mr. TOOMEY asked and was given is our chance to do what we can do in but twice during the 107th Congress, permission to revise and extend his re- the House to abolish this bill. but the job is still not done. So we marks.) Now, if it goes into effect and is come to the floor once again with a Mr. TOOMEY. Mr. Speaker, I thank signed into law, the actual repeal hap- strong hope that the enactment of this the gentleman from Alabama (Mr. pens 2 years from now. I would prefer it bill will finally be realized this Con- BACHUS) and appreciate all his help on happen sooner than that, but this is gress. The legislation will go a long this legislation as well as the time he the compromise that was arrived at. So way in helping our Main Street banks has yielded to me. I would also like to that is certainly better than con- and small businesses which are so es- thank (Mr. KANJORSKI), an original co- tinuing with the legislation. But I sential to our communities. sponsor of my bill, which is part of this would like to be precise about the net The Business Checking Freedom Act one, as well as the gentlewoman from effect of this. Because it is not pre- contains a number of important provi- New York (Mrs. KELLY) for her work. cisely that businesses will now start sions. First, it repeals the 70-year-old Mr. LEACH. Mr. Speaker, will the earning interest which heretofore they law prohibiting banks from paying in- gentleman yield? have not. In fact, what happens now is terest on business checking accounts Mr. TOOMEY. Mr. Speaker, I yield to that banks have found these cum- after a transition period. While I be- the gentleman from Iowa, with whom I bersome and very inefficient ways to lieve it should be repealed, I believe a actually have a disagreement on this circumvent this prohibition. So they proper transition period is critical. The particular issue, but I have enormous pay the economic equivalent of most of 2-year transition period contained in respect for his opinion and would like the interest that a business would the bill is certainly better than the 1- to give him an opportunity to rebut a earn, but because of the expense of ad- year transition period which was in the point made earlier. ministering these bureaucratic pro- original bill, although my preference is Mr. LEACH. Mr. Speaker, I appre- grams, the businesses do not get the for an even longer period to allow the ciate this. And let me say that the full value of the deposits they have. banks and businesses to disengage from brunt of this bill is a wonderfully At the end of the day, we should not each other. thoughtful approach, and I congratu- force banks and their customers to go Nevertheless, I believe it is time to late the gentleman and the gentle- through a lot of expensive and ineffi- move forward with this legislation. The woman from New York (Mrs. KELLY) on legislation also allows banks to in- cient and economically unproductive this. hurdles to avoid a regulation that has crease money market deposits and sav- I would only come back to the one ings account sweeps from the current 6 no merit in the first place. So that is provision which I would like to have to 24 times a month. This gives the why we are here, to repeal this. changed, and that is the industrial loan Mr. Speaker, I thank everybody who banks an increase in their sweep activi- corporation provision, and to point out has been involved in supporting this ties, enabling them to sweep every to this body that only a handful of legislation, and I urge my colleagues to night, increasing the interest which States are authorized, such as the vote ‘‘yes.’’ businesses can make on their accounts. The bill also gives the Federal Re- State of Utah, to have industrial loan H.R. 758 contains a provision, section 7, en- serve the opportunity to pay interest corporations. They are not trivial in- titled Rule of Construction, regarding escrow on reserves that the banks keep with stitutions. In the State of Utah, for ex- accounts maintained for purposes of settling the Federal Reserve System, and gives ample, their assets are double that of real estate transactions. This provision is simi- the Federal Reserve the additional banks, S&Ls and credit unions com- lar to section 7 of H.R. 1009, the Business flexibility to lower reserve require- bined. Checking Freedom Act of 2002, a bill I spon- ments. This will give the Federal Re- If this bill passes with this provision sored that the House passed last year. Sec- serve greater control at maintaining and becomes law, the vast majority of tion 7 of H.R. 758 makes clear that the current reserves at a specific and consistent States will see deposits swept from legal treatment of certain services and benefits level. That will help foster healthy re- their States to this handful of States. provided by banks in lieu of interest in connec- serve balances, thereby reducing the That alone is a philosophical cir- tion with such escrow accounts remains the potential for volatility within the Fed- cumstance that in my mind should lead same. There are some minor changes to this eral funds rate and protecting the Fed- people to raise serious doubts about section from section 7 of H.R. 1009, which eral Reserve’s ability to conduct mone- this particular provision of this par- clarify that the provision does not prohibit or tary policy. ticular bill. require the payment of interest on such ac- Quite simply, this legislation is Mr. TOOMEY. Mr. Speaker, reclaim- counts and that it does not affect State laws about creating new and broader market ing the balance of my time, I would regrading the payment of interest on escrow options. We allow banks to pay interest just say that I appreciate the thought- accounts. I understand the latter is intended to on business checking accounts, we ful remarks of the gentleman from ensure that State laws governing mortgage allow banks to increase sweep activi- Iowa but respectfully disagree, and I servicing escrow accounts for the monthly col- ties, and we allow the Fed to pay inter- think that the merits of this bill are lection and payment of taxes and insurance est on the sterile reserves that all really quite strong. are maintained. In brief, section 7 does not banks are required to keep with them. In fact, the combination of the bill alter the current legal definition of interest or We also allow the Fed to lower reserve that I introduced, H.R. 859, and the bill the legal treatment of real estate settlement requirements. We do not require or that the gentlewoman from New York escrow transactions. mandate anything. This way we can (Mrs. KELLY) introduced, H.R. 758, real- Under section 7, current Federal legal allow the market to create change and ly are a modernizing effort here. It is standards, including regulatory interpretations, not the government. going to help small businesses and regarding the definition of interest on deposits I again thank the gentleman from their employees. It is going to help will continue to stand. For example, the Fed- Ohio for his strong leadership on this small banks and their employees and eral Reserve’s Regulation Q currently provides issue and for the swift consideration of their customers. It is pro-free market that services and benefits can be given by this legislation, and I ask my col- legislation. It is bipartisan. It is really banks in lieu of interest to depositors and that leagues on both sides of the aisle to a commonsense repeal. the provision or the receipt of such services join me in strong support for this com- Frankly, it was hard for me to be- and benefits does not constitute interest. This monsense bipartisan legislation. lieve when I first discovered that we has been the Federal Reserve’s consistent

VerDate Dec 13 2002 00:59 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.024 H01PT1 H2532 CONGRESSIONAL RECORD — HOUSE April 1, 2003 regulatory and interpretive view for decades. loan banks, to pay interest on NOW ac- prohibited at the present time from of- For example, a Federal Reserve staff opinion counts held by businesses. fering demand deposit checking ac- in 1978 stated that the ‘‘absorption or reduc- Mr. Speaker, I just thought I would counts; there is nothing in this legisla- tion’’ of banking service changes did not con- quote Chairman Powell. He said, ‘‘The tion that allows them to offer those ac- stitute the payment of interest (Fed. Res. Bd. FDIC would not object to paying inter- counts. Staff Op., October 27, 1978), a view also re- est by these financial institutions on The Bank Holding Company Act es- flected in a 1964 Fed. interpretative letter NOW accounts held by businesses. We tablishes the rules for who can own a (1964 Fed. Res. Interp., July 17, 1964). Under do not really perceive those any dif- bank and who cannot. We do not amend these regulatory principles, title companies ferent from any other business ac- that legislation in any regard. The bill and agents receive bank services, such as counts, and we do not see it as a safety does not, with respect to the gen- free printed checks, overnight float and safe and soundness issue.’’ tleman from Iowa, authorize Wal-Mart, deposit and night depository facilities, armored Further, with respect to any concern WorldCom, Enron or any other com- car services, as well as low-interest loans, that regarding the relationship between in- pany to own a bank or expand the au- help defray their cost of maintaining real es- dustrial loan banks and the few com- thority that they might have under ex- tate settlement escrows, ultimately lowering mercial companies that own them in isting law. They already have author- the cost of these services to the public. Such four States, Chairman Powell stated in ity under existing laws and under the accounts often times last only a few days, the a speech to the American Bankers As- Bank Holding Company Act, which spe- time necessary for settlement payments and sociation on October 8, 2002, that ‘‘Con- cifically permits them to own certain other disbursements to be made after the gress has given us good tools to man- limited-purpose banks, including credit closing of a real estate transaction. age the relationship between parents card banks, industrial loan banks, In our Nation’s highly developed financial and insured subsidiaries. grandfathered unitary thrifts, grand- system, Federal banking law and regulations b 1315 fathered nonbank banks, and trust have operated to facilitate the smooth and effi- banks. That is the present law. cient flow of real estate transactions and pro- ‘‘Indeed, the FDIC manages these re- There is nothing in this legislation moted American homeownership. I am opti- lationships every day in the industrial that expands their right to own an in- mistic that these services will continue to be loan company model with little or no stitution. So WorldCom presently, Wal- provided in the current efficient manner when risk to the deposit insurance funds, and Mart presently, they could own an in- H.R. 758 becomes law. no subsidy transferred to the nonbank dustrial loan company or a unitary Mr. MATHESON. Mr. Speaker, I re- parent.’’ thrift, or some of these grandfathered serve the balance of my time. Again, in my view, this bill is about institutions. We do not expand that au- Mr. BACHUS. Mr. Speaker, I yield 3 business checking for depository insti- thority at all. minutes to the gentleman from Cali- tutions, not the legal status of ILCs. I The gentleman from Iowa (Mr. fornia (Mr. ROYCE) to speak in favor of want to commend the authors of this LEACH) has a fear, first of all, that we the legislation. legislation, the gentlewoman from New are mixing banking and commerce. Mr. ROYCE. Mr. Speaker, I rise in York (Mrs. KELLY) and the gentleman Well, we are already mixing them. support of this bill, which is called the from Pennsylvania (Mr. TOOMEY). Present law already allows them to Business Checking Freedom Act; and I Mr. MATHESON. Mr. Speaker, I yield mix. We do not expand that in any way think giving banks the ability to pay myself such time as I may consume. under this legislation. interest on business checking accounts Mr. Speaker, this is a piece of legisla- Mr. Speaker, we addressed the is a good concept. It has been endorsed tion that is overdue. The notion of amendments of the gentleman from by the President of the United States eliminating interest on business check- Iowa (Mr. LEACH); he offered two as part of his small business agenda, ing accounts is something that seems amendments in committee. And I have but it has also been endorsed by Fed- like common sense. I was a small busi- great respect for the former chairman eral regulators. nessman before I came to Congress, and of the committee. He offered two Federal regulators have long sup- it never seemed to make sense to me is amendments to strip the ILC language ported the effort to allow banks to that this prohibition existed. We are from the bill. They were overwhelm- offer interest on demand accounts, and talking about removing some ineffi- ingly rejected, 55 nays, 8 yeses; the this particular measure enjoys a broad ciencies that exist in our financial other amendment, 55 nays, 8 yeses. The base of support in the industry, includ- marketplace. That is why this legisla- gentleman from Iowa (Mr. LEACH) has ing the National Federation of Inde- tion has such strong bipartisan sup- legitimate concern with certain types pendent Businesses, America’s Commu- port. I encourage Members to pass this of commerce and financial institutions nity Bankers, the National Association legislation. and the mixing of them. However, this of Federal Credit Unions, the Associa- Mr. Speaker, I yield back the balance legislation does not do that. That will tion of Financial Professionals, and the of my time. have to be addressed in the Bank Hold- Financial Services Roundtable. Mr. BACHUS. Mr. Speaker, I yield ing Act. The inability of depository institu- myself such time as I may consume. Mr. LEACH. Mr. Speaker, will the tions to pay interest on business ac- Mr. Speaker, in closing, I want to ad- gentleman yield? counts, I think, hurts all sectors of the dress the issue of what this bill does Mr. BACHUS. I yield to the gen- economy; and I think it decreases the and what it does not do. The bill au- tleman from Iowa. overall competitiveness of the Amer- thorizes the Federal Reserve to pay in- Mr. LEACH. Mr. Speaker, I have ican markets. This legislation gives terest on sterile reserves, and as has great respect for the gentleman, and he small businesses the jump-start that been testified before our committee, is right about what companies can now they need to create new jobs and im- that should result in depositors in do. However, what is not fully de- prove the economy while removing bur- banks, thrifts, credit unions, receiving scribed is that they will now be able to densome regulations from small banks higher interest on their deposits. It buy a charter with an enhanced set of and, basically, while allowing the mar- should also result in lower interest powers, which has not been offered be- ket to work. rates for consumers. fore. It is the enhanced power of this In my view, this legislation is solely The second thing that this legisla- obscure charter that makes this legis- about business checking. In my view, it tion does, it allows banks to pay inter- lation difficult, and that is my con- is not about the legal status of ILCs. I est on accounts established by busi- cern. think contrary to the concerns raised nesses in those banks. It does not au- Mr. BACHUS. Mr. Speaker, does the by the Federal Reserve, the FDIC thorize any new types of accounts. It gentleman agree that an industrial Chairman Don Powell, recently testi- does not in any way change who can loan company can already offer a NOW fied before our committee, testified own a bank and who cannot own a account? that there are no safety and soundness bank. It does not in any way allow Mr. LEACH. If the gentleman will concerns with this amendment and these industrial loan companies to continue to yield, for the first time, that the FDIC has no objection to an offer accounts which they are prohib- they will be allowed to offer business authorization for ILCs, or industrial ited from offering now. And they are checking accounts, which has never

VerDate Dec 13 2002 00:59 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.003 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2533 been done before. Chairman Greenspan COCONINO AND TONTO NATIONAL of the United States in and to the Federal has noted this will cause an ILC to be- FOREST LAND EXCHANGE ACT land described in subsection (c). come the functional equivalent of a (b) NON-FEDERAL.—The land described in Mr. RENZI. Mr. Speaker, I move to this subsection is the following: bank, and such charters will only be suspend the rules and pass the bill (1) The approximately 157 acres of land ad- authorized in a handful of States, and (H.R. 622) to provide for the exchange jacent to the Montezuma Castle National thus will cause the movement of assets of certain lands in the Coconino and Monument, as generally depicted on the map to those States. Tonto National Forests in Arizona, and entitled ‘‘Montezuma Castle Contiguous Mr. BACHUS. Mr. Speaker, what for other purposes. Lands’’, dated May 2002. Chairman Greenspan has said is, these The Clerk read as follows: (2) Certain private land within the institutions are not regulated by the Coconino National Forest, Arizona, com- H.R. 622 prising approximately 108 acres, as generally Federal Reserve. There is nothing in Be it enacted by the Senate and House of Rep- depicted on the map entitled ‘‘Double Cabin this that takes any regulation or adds resentatives of the United States of America in Park Lands’’, dated September 2002. any regulation. Congress assembled, (c) FEDERAL LAND.—The Federal land de- Mr. LEACH. That is true. My amend- SECTION 1. FINDINGS; PURPOSE. scribed in this subsection is the approxi- ment did not suggest that it be regu- (a) FINDINGS.—Congress finds the fol- mately 222 acres in the Tonto National For- lowing: est, Arizona, and surveyed as Lots 3, 4, 8, 9, lated by the Federal Reserve, although 10, 11, 16, 17, and Tract 40 in section 32, Town- other amendments I offered did suggest (1) Certain private lands adjacent to the Montezuma Castle National Monument in ship 11 North, Range 10 East, Gila and Salt that. Yavapai County, Arizona, are desirable for River Meridian, Arizona. Mr. BACHUS. Mr. Speaker, reclaim- Federal acquisition to protect important ri- (d) EQUAL VALUE EXCHANGE.—The values of ing my time, this does not authorize parian values along Beaver Creek and the the non-Federal and Federal land directed to them to offer any accounts which they scenic backdrop for the National Monument. be exchanged under this section shall be (2) Certain other inholdings in the equal or equalized as determined by the Sec- presently cannot offer nor expand the retary through an appraisal performed by a rights of corporations to own these in- Coconino National Forest are desirable for Federal acquisition to protect important qualified appraiser mutually agreed to by dustrial companies. public values near Double Cabin Park. the Secretary and MCJV and performed in Mr. GONZALEZ. Mr. Speaker, as a co- (3) Approximately 108 acres of land within conformance with the Uniform Appraisal sponsor of H.R. 758, I want to express my the Tonto National Forest, northeast of Pay- Standards for Federal Land Acquisitions strong support for this legislation, the Business son, Arizona, are currently occupied by 45 (U.S. Department of Justice, December 2000), residential cabins under special use permits and section 206(d) of the FLPMA (43 U.S.C. Checking Freedom Act of 2003, legislation de- 1716(d)). If the values are not equal, the Sec- signed to help small businesses obtain a bet- from the Secretary of Agriculture, and have been so occupied since the mid-1950s, ren- retary shall delete Federal lots from the con- ter return on their checking account deposits dering such lands of limited use and enjoy- veyance to MCJV in the following order and and to permit banks to receive interest on the ment potential for the general public. Such priority, as necessary, until the values of reserves they must maintain at Federal Re- lands are, therefore, appropriate for transfer Federal and non–Federal land are within the serve Banks. The House has passed similar to the cabin owners in exchange for lands 25 percent cash equalization limit of 206(b) of legislation in the past few years and it should that will have higher public use values. FLPMA: take the same action regarding this bill. (4) In return for the privatization of such (1) Lot 3. (2) Lot 4. In addition to expressing my support for the encumbered lands the Secretary of Agri- culture has been offered approximately 495 (3) Lot 9. bill as a whole, I also want to express specific acres of non-Federal land (known as the Q (4) Lot 10. support for section 7, entitled Rule of Con- Ranch) within the Tonto National Forest, (5) Lot 11. struction, which will help maintain the legal east of Young, Arizona, in an area where the (6) Lot 8. status quo of the treatment of real estate es- Secretary has completed previous land ex- (e) CASH EQUALIZATION.—Any difference in crow accounts maintained for the purpose of changes to consolidate public ownership of value remaining after compliance with sub- section (d) shall be equalized by the payment settling real estate transactions. These ac- National Forest lands. (5) The acquisition of the Q Ranch non- of cash to the Secretary or MCJV, as the cir- counts, which often last only a matter of days, cumstances dictate, in accordance with sec- are usually established by title companies and Federal lands by the Secretary will greatly increase National Forest management effi- tion 206(b) of FLPMA (43 U.S.C. 1716(b)). Pub- their agents to collect and disburse funds after ciency and promote public access, use, and lic Law 90–171 (16 U.S.C. 484a; commonly the closing of a real estate transaction. This enjoyment of the area and surrounding Na- known as the ‘‘Sisk Act’’) shall, without fur- Rule of Construction provision, similar to lan- tional Forest System lands. ther appropriation, apply to any cash equali- guage in H.R. 1009 passed by the House in (b) PURPOSE.—The purpose of this Act is to zation payment received by the United April 2002, ensures that neither this legislation authorize, direct, facilitate, and expedite the States under this section. consummation of the land exchanges set SEC. 4. DIAMOND POINT—Q RANCH LAND EX- nor other laws will affect the current regulatory CHANGE. treatment of certain services and benefits pro- forth herein in accordance with the terms and conditions of this Act. (a) IN GENERAL.—Upon receipt of a binding vided by banks in lieu of interest on escrow offer from DPSHA to convey title acceptable SEC. 2. DEFINITIONS. accounts maintained by title insurance compa- to the Secretary to the land described in sub- As used in this Act: nies and title agents in connection with real section (b), the Secretary shall convey to (1) DPSHA.—The term ‘‘DPSHA’’ means the DPSHA all right, title, and interest of the estate closing transactions. The inclusion of Diamond Point Summer Homes Association, United States in and to the land described in section 7 in H.R. 758 preserves beneficial fi- a nonprofit corporation in the State of Ari- subsection (c). nancial practices for escrow accounts at the zona. (b) NON-FEDERAL LAND.—The land de- same time that we are eliminating an outdated (2) FEDERAL LAND.—The term ‘‘Federal scribed in this subsection is the approxi- prohibition against the payment of interest on land’’ means land to be conveyed into non- mately 495 acres of non-Federal land gen- business checking accounts. Federal ownership under this Act. erally depicted on the map entitled ‘‘Dia- (3) FLPMA.—The term ‘‘FLPMA’’ means the mond Point Exchange—Q Ranch Non–Fed- As a co-sponsor of this legislation, I whole- Federal Land Policy Management Act of heartedly endorse and support its passage. eral Lands’’, dated May 2002. 1976. (c) FEDERAL LAND.—The Federal land de- Mr. BACHUS. Mr. Speaker, I yield (4) MCJV.—The term ‘‘MCJV’’ means the scribed in this subsection is the approxi- back the balance of my time. Montezuma Castle Land Exchange Joint mately 108 acres northeast of Payson, Ari- Venture Partnership, an Arizona Partner- The SPEAKER pro tempore (Mr. MIL- zona, as generally depicted on a map entitled ship. LER of Florida). The question is on the ‘‘Diamond Point Exchange—Federal Land’’, (5) NON-FEDERAL LAND.—The term ‘‘non- motion offered by the gentleman from dated May 2002. Federal land’’ means land to be conveyed to (d) EQUAL VALUE EXCHANGE.—The values of Alabama (Mr. BACHUS) that the House the Secretary of Agriculture under this Act. the non-Federal and Federal land directed to suspend the rules and pass the bill, (6) SECRETARY.—The term ‘‘Secretary’’ be exchanged under this section shall be H.R. 758, as amended. means the Secretary of Agriculture, unless equal or equalized as determined by the Sec- The question was taken; and (two- otherwise specified. retary through an appraisal performed by a thirds having voted in favor thereof) SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. qualified appraiser mutually agreed to by the rules were suspended and the bill, (a) LAND EXCHANGE.—Upon receipt of a the Secretary and DPSHA and in conform- binding offer from MCJV to convey title ac- ance with the Uniform Appraisal Standards as amended, was passed. ceptable to the Secretary to the land de- for Federal Land Acquisitions (U.S. Depart- A motion to reconsider was laid on scribed in subsection (b), the Secretary shall ment of Justice, December 2000), and section the table. convey to MCJV all right, title, and interest 206(d) of FLPMA (43 U.S.C. 1716(d)). If the

VerDate Jan 31 2003 02:22 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.032 H01PT1 H2534 CONGRESSIONAL RECORD — HOUSE April 1, 2003 values are not equal, they shall be equalized The SPEAKER pro tempore. Pursu- (Ms. BORDALLO asked and was by the payment of cash to the Secretary or ant to the rule, the gentleman from Ar- given permission to revise and extend DPSHA pursuant to section 206(b) of FLPMA izona (Mr. RENZI) and the gentlewoman her remarks.) (43 U.S.C. 1716(b)). Public Law 90–171 (16 from Guam (Mr. BORDALLO) each will Ms. BORDALLO. Mr. Speaker, H.R. U.S.C. 484a; commonly known as the ‘‘Sisk Act’’) shall, without further appropriation, control 20 minutes. 622, the Tonto and Coconino National apply to any cash equalization payment re- The Chair recognizes the gentleman Forest Land Exchange Act, would di- ceived by the United States under this sec- from Arizona (Mr. RENZI). rect the Secretary of Agriculture to tion. Mr. RENZI. Mr. Speaker, I yield my- complete two separate land exchanges, (e) SPECIAL USE PERMIT TERMINATION.— self such time as I may consume. Diamond Point and Montezuma Castle Upon execution of the land exchange author- Mr. Speaker, H.R. 622 would require in Arizona. The Secretary already has ized by this section, all special use cabin per- the Secretary of Agriculture to per- the authority to consummate the land mits on the Federal land shall be termi- form two land exchanges in the Tonto exchanges, but the amendment would nated. and Coconino National Forests in Ari- expedite the transactions and make SEC. 5. MISCELLANEOUS PROVISIONS. zona, the Montezuma Castle Land Ex- them a priority for the Secretary. I (a) EXCHANGE TIMETABLE.—Not later than 6 change and the Diamond Point Land months after the Secretary receives an offer support the bill and urge its adoption. under section 3 or 4, the Secretary shall exe- Exchange. With the help of the gen- Mr. Speaker, I have no further re- cute the exchange under section 3 or 4, re- tleman from Arizona (Mr. HAYWORTH), quests for time, and I yield back the spectively, unless the Secretary and MCJV I introduced this legislation on Feb- balance of my time. or DPSHA, respectively, mutually agree to ruary 5, 2003. Mr. RENZI. Mr. Speaker, I have no extend such deadline. First, under the Montezuma Castle further requests for time, and I yield (b) EXCHANGE PROCESSING.—Prior to exe- Land Exchange, the Forest Service back the balance of my time. cuting the land exchanges authorized by this would acquire a 157-acre parcel of pri- The SPEAKER pro tempore. The Act, the Secretary shall perform any nec- vate land adjacent to Montezuma Cas- question is on the motion offered by essary land surveys and required tle National Monument, which it may preexchange clearances, reviews, and approv- the gentleman from Arizona (Mr. als relating to threatened and endangered reconvey to the National Park Service, RENZI) that the House suspend the species, cultural and historic resources, wet- and the 143-acre Double Cabin Park rules and pass the bill, H.R. 622. lands and floodplains and hazardous mate- parcel, both in the Coconino National The question was taken; and (two- rials. If 1 or more of the Federal land parcels Forest. In the exchange, the Monte- thirds having voted in favor thereof) or lots, or portions thereof, cannot be trans- zuma Castle Land Exchange Joint Ven- the rules were suspended and the bill ferred to MCJV or DPSHA due to hazardous ture, an Arizona partnership, will re- was passed. materials, threatened or endangered species, ceive approximately 122 acres of Na- A motion to reconsider was laid on cultural or historic resources, or wetland tional Forest system land adjacent to and flood plain problems, the parcel or lot, the table. or portion thereof, shall be deleted from the the Town of Payson municipal airport. f The Town of Payson has entered into exchange, and the values of the lands to be REASONABLE RIGHT-OF-WAY FEES exchanged adjusted in accordance with sub- an agreement to purchase a portion of sections (d) and (e) of section 3 or section the property to create a private-sector ACT OF 2003 4(d), as appropriate. In order to save admin- business development and job opportu- Mr. RENZI. Mr. Speaker, I move to istrative costs to the United States, the nities. This exchange will protect ri- suspend the rules and pass the bill costs of performing such work, including the parian areas around Beaver Creek, the (H.R. 762) to amend the Federal Land appraisals required pursuant to this Act, view-shed for the National Monument, Policy and Management Act of 1976 and shall be paid by MCJV or DPSHA for the rel- evant property, except for the costs of any and it will transfer Double Cabin Park the Mineral Leasing Act to clarify the such work (including appraisal reviews and to Federal ownership. method by which the Secretary of the approvals) that the Secretary is required or Second, under the Diamond Point Interior and the Secretary of Agri- elects to have performed by employees of the Land Exchange, the Forest Service will culture determine the fair market Department of Agriculture. receive a 495-acre parcel known as the value of certain rights-of-way granted, (c) FEDERAL LAND RESERVATIONS AND EN- ‘‘Q Ranch’’ in an area which has com- issued, or renewed under these Acts. CUMBRANCES.—The Secretary shall convey pleted previous acquisitions and con- The Clerk read as follows: the Federal land under this Act subject to solidated Federal land. In exchange, valid existing rights, including easements, H.R. 762 rights-of-way, utility lines and any other the Diamond Point Summer Homes As- Be it enacted by the Senate and House of Rep- valid encumbrances on the Federal land as of sociation will acquire 108 acres of Fed- resentatives of the United States of America in the date of the conveyance under this Act. If eral land which have been occupied by Congress assembled, applicable to the land conveyed, the Sec- the association’s 45 residential cabins SECTION 1. SHORT TITLE. retary shall also retain any right of access as since the 1950s. The Tonto National This Act may be cited as the ‘‘Reasonable may be required by section 120(h) of the Forest Plan specifically recommends Right-of-Way Fees Act of 2003’’. Comprehensive Environmental Response, conveyance of the Federal land to the SEC. 2. CLARIFICATION OF FAIR MARKET RENT- Compensation and Liability Act of 1980 (42 cabin owners. AL VALUE DETERMINATIONS FOR U.S.C. 9620(h)) for remedial or corrective ac- The exchange will transfer public PUBLIC LANDS AND FOREST SERV- tion relating to hazardous substances as may ICE RIGHTS-OF-WAY. be necessary in the future. land of limited public use to the asso- (a) LINEAR RIGHTS-OF-WAY UNDER FEDERAL (d) ADMINISTRATION OF ACQUIRED LAND.— ciation in exchange for private lands LAND POLICY AND MANAGEMENT ACT.—Sec- The land acquired by the Secretary pursuant that will greatly increase the manage- tion 504 of the Federal Land Policy and Man- to this Act shall become part of the Tonto or ment efficiency and enhance public agement Act of 1976 (43 U.S.C. 1764) is amend- Coconino National Forest, as appropriate, use, access and the enjoyment of the ed by adding at the end the following new and be administered as such in accordance surrounding National Forest lands. subsection: with the laws, rules, and regulations gen- Both exchanges have multiple benefits, ‘‘(k) DETERMINATION OF FAIR MARKET erally applicable to the National Forest Sys- enhancing environmental protection VALUE OF LINEAR RIGHTS-OF-WAY.—(1) Effec- tem. Such land may be made available for tive upon the issuance of the rules required domestic livestock grazing if determined ap- and recreation, while also increasing by paragraph (2), for purposes of subsection propriate by the Secretary in accordance economic opportunities for the commu- (g), the Secretary concerned shall determine with the laws, rules, and regulations applica- nity. the fair market rental for the use of land en- ble thereto on National Forest System land. H.R. 622 is the result of almost a dec- cumbered by a linear right-of-way granted, (e) TRANSFER OF LAND TO PARK SERVICE.— ade of cooperative efforts between local issued, or renewed under this title using the Upon their acquisition by the United States, officials and the Forest Service and is valuation method described in paragraphs the ‘‘Montezuma Castle Contiguous Lands’’ based on a balanced solution to respon- (2), (3), and (4). identified in section 3(d)(1) shall be trans- sibly use the land and conserve this ‘‘(2) Not later than one year after the date ferred to the administrative jurisdiction of of enactment of the Reasonable Right-of- the National Park Service, and shall there- area. I urge adoption of this measure. Way Fees Act of 2003, and in accordance with after be permanently incorporated in, and Mr. Speaker, I reserve the balance of subsection (k), the Secretary of the Interior administered by the Secretary of the Inte- my time. shall amend section 2803.1–2 of title 43, Code rior as part of, the Montezuma Castle Na- Ms. BORDALLO. Mr. Speaker, I yield of Federal Regulations, as in effect on the tional Monument. myself such time as I may consume. date of enactment of such Act, to revise the

VerDate Dec 13 2002 00:59 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.005 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2535 per acre rental fee zone value schedule by being deployed to rural areas, the agen- suspend the rules and pass the bill, State, county, and type of linear right-of- cies wanted to charge a right-of-way H.R. 762. way use to reflect current values of land in fee for every single line that went down The question was taken; and (two- each zone. The Secretary of Agriculture the pipe which would obviously make thirds having voted in favor thereof) shall make the same revisions for linear rights-of-way granted, issued, or renewed it financially impossible to deploy the rules were suspended and the bill under this title on National Forest System fiberoptics to rural areas. My bill en- was passed. lands. sures that rights-of-way fees are rea- A motion to reconsider was laid on ‘‘(3) The Secretary concerned shall update sonable and that private users of public the table. annually the schedule revised under para- lands pay a fair price for that privilege. f graph (2) by multiplying the current year’s This bill creates a policy that pro- OTTAWA NATIONAL WILDLIFE rental per acre by the annual change, second tects the value of our Federal lands REFUGE COMPLEX EXPANSION quarter to the second quarter (June 30 to and at the same time helps to ensure June 30) in the Gross National Product Im- AND DETROIT RIVER INTER- that these Federal lands continue to be plicit Price Deflator Index published in the NATIONAL WILDLIFE REFUGE available to a multitude of compatible Survey of Current Business of the Depart- EXPANSION ACT ment of Commerce, Bureau of Economic uses. This bill will not increase the en- Analysis. vironmental impact of the rights-of- Mr. RENZI. Mr. Speaker, I move to ‘‘(4) Whenever the cumulative change in way corridors, nor will it reduce any suspend the rules and pass the bill the index referred to in paragraph (3) exceeds environmental monitoring. I am con- (H.R. 289) to expand the boundaries of 30 percent, or the change in the 3-year aver- fident as we work to place the Reason- the Ottawa National Wildlife Refuge age of the 1-year Treasury interest rate used able Right-of-Way Fee Act into law Complex and the Detroit River Inter- to determine per acre rental fee zone values national Wildlife Refuge, as amended. exceeds plus or minus 50 percent, the Sec- that there is little public interest in retary concerned shall conduct a review of turning our Federal lands into road- The Clerk read as follows: the zones and rental per acre figures to de- blocks on the information super- H.R. 289 termine whether the value of Federal land highway or along the path of any of our Be it enacted by the Senate and House of Rep- has differed sufficiently from the index re- Nation’s critical infrastructures. resentatives of the United States of America in ferred to in paragraph (3) to warrant a revi- Ms. BORDALLO. Mr. Speaker, I yield Congress assembled, sion in the base zones and rental per acre fig- myself such time as I may consume. SECTION 1. SHORT TITLE. ures. If, as a result of the review, the Sec- (Ms. BORDALLO asked and was This Act may be cited as the ‘‘Ottawa Na- retary concerned determines that such a re- tional Wildlife Refuge Complex Expansion vision is warranted, the Secretary concerned given permission to revise and extend her remarks.) and Detroit River International Wildlife Ref- shall revise the base zones and rental per uge Expansion Act’’. Ms. BORDALLO. Mr. Speaker, inves- acre figures accordingly.’’. SEC. 2. FINDINGS. IGHTS-OF-WAY UNDER MINERAL LEAS- tigations conducted by the Department (b) R Congress finds that— ING ACT.—Section 28(l) of the Mineral Leas- of the Interior’s Inspector General and (1) the western basin of Lake Erie, as part ing Act (30 U.S.C. 185(l)) is amended by in- the General Accounting Office have of the Great Lakes ecosystem— serting before the period at the end the fol- provided ample evidence that the (A) is the largest freshwater ecosystem in lowing: ‘‘using the valuation method de- right-of-way fees currently being the world; and scribed in section 2803.1–2 of title 43, Code of (B) is vitally important to the economic Federal Regulations, as revised pursuant to charged by the Federal land manage- and environmental future of the United section 504(k) of the Federal Land Policy and ment agencies are far below fair mar- States; Management Act of 1976 (43 U.S.C. 1764(k))’’. ket values. States, local governments, and private individuals all charge sig- (2) over the 30-year period preceding the The SPEAKER pro tempore. Pursu- date of enactment of this Act, the citizens ant to the rule, the gentleman from Ar- nificantly more than the Federal Gov- and governmental institutions of the United izona (Mr. RENZI) and the gentlewoman ernment for rights-of-way across lands States and Canada have devoted increasing from Guam (Mr. BORDALLO) each will that they own. This undercharging for attention and resources to the restoration of control 20 minutes. the use of Federal public lands means the water quality and fisheries of the Great The Chair recognizes the gentleman that large corporations, who stand to Lakes, including the western basin; make vast profits from the use of those (3) that increased awareness has been ac- from Arizona (Mr. RENZI). companied by a gradual shift toward a holis- Mr. RENZI. Mr. Speaker, I yield 5 lands, are not being required to pay the American people a fair rate of return tic ecosystem approach that highlights a minutes to the gentlewoman from Wy- growing recognition that shoreline areas, oming (Mrs. CUBIN). for that privilege. commonly referred to as nearshore terres- Mrs. CUBIN. Mr. Speaker, I thank As a result, we share, the gentle- trial ecosystems, are an integral part of the the gentleman for yielding me this woman from Wyoming’s desire to cor- western basin and the Great Lakes eco- time. rect this problem. This legislation will system; Mr. Speaker, I rise today in support require the agencies to review their ex- (4) the Great Lakes account for more than of H.R. 762, the Reasonable Right-of- isting fee schedules and the land valu- 90 percent of the surface freshwater in the Way Fees Act of 2003, which I intro- ations which underlie them to ensure United States; that they represent current values. In (5) the western basin receives approxi- duced February 13, 2003. mately 90 percent of its flow from the De- addition, Mr. Speaker, this measure b 1330 troit River and only approximately 10 per- will ensure that once these new fees cent from tributaries; This bill will help to facilitate the have been promulgated, they will be (6) the western basin is an important eco- deployment of critical infrastructure adjusted annually for inflation. This system that includes a number of distinct is- to States that are made up largely of approach is a significant improvement lands, channels, rivers, and shoals that sup- Federal lands, such as Wyoming and al- over the status quo and should move us port dense populations of fish, wildlife, and most every western State. While ex- closer to a system that adequately aquatic plants; ploring ways to bring advanced tele- compensates the taxpayers for the use (7) coastal wetland of Lake Erie supports the largest diversity of plant and wildlife communications services and pipeline of their lands. infrastructure to Wyoming, I found species in the Great Lakes; We would like to thank the gentle- (8) because Lake Erie is located at a more that Federal land management agen- woman from Wyoming (Mrs. CUBIN) for southern latitude than other Great Lakes, cies were considering ways which her willingness to work together on the moderate climate of Lake Erie is appro- would actually discourage deployment this legislation, and we do support H.R. priate for many species that are not found in of critical infrastructure. The Bureau 762. or along the northern Great Lakes; of Land Management and the U.S. For- Mr. Speaker, I yield back the balance (9) more than 300 species of plants, includ- est Service had started down a road to of my time. ing 37 significant species, have been identi- abandon a commonsense right-of-way Mr. RENZI. Mr. Speaker, I yield back fied in the aquatic and wetland habitats of fee schedule that had been in place for the western basin; the balance of my time. (10) the shallow western basin of Lake many years by charging a per-line fee The SPEAKER pro tempore (Mr. MIL- Erie, extending from the Lower Detroit for fiberoptic deployment instead of a LER of Florida). The question is on the River to Sandusky Bay, is home to the fee based on linear footage of the pipe. motion offered by the gentleman from greatest concentration of marshes in Lake In other words, when fiberoptics were Arizona (Mr. RENZI) that the House Erie, including—

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.006 H01PT1 H2536 CONGRESSIONAL RECORD — HOUSE April 1, 2003 (A) Mouille, Metzger, and Magee marshes; River International Wildlife Refuge estab- and terrestrial communities in and around (B) the Maumee Bay wetland complex; lished by section 5(a) of the Detroit River the 2 dredge spoil disposal sites that are— (C) the wetland complexes flanking Locust International Wildlife Refuge Establishment (A) referred to by the Toledo-Lucas County Point; and Act (16 U.S.C. 668dd note; 115 Stat. 894). Port Authority as ‘‘Port Authority Facility (D) the wetland in Sandusky Bay; (2) REFUGE COMPLEX.—The term ‘‘Refuge Number Three’’ and ‘‘Grassy Island’’, respec- (11) the larger islands of the United States Complex’’ means the Ottawa National Wild- tively; and in western Lake Erie have wetland in small life Refuge Complex and the lands and wa- (B) located within Toledo Harbor near the embayments; ters in the complex, as described in the docu- mouth of the Maumee River. (12) the wetland in the western basin com- ment entitled ‘‘The Comprehensive Con- (2) REPORT.—Not later than 18 months prises some of the most important waterfowl servation Plan for the Ottawa National Wild- after the date of enactment of the Act, the habitat in the Great Lakes; life Refuge Complex’’ and dated September Secretary shall— (13) waterfowl, wading birds, shore birds, 22, 2000, including— (A) complete the study under paragraph gulls and terns, raptors, and perching birds (A) the Ottawa National Wildlife Refuge, (1); and use the wetland in the western basin for mi- established by the Secretary in accordance (B) submit to Congress a report on the re- gration, nesting, and feeding; with the Migratory Bird Conservation Act sults of the study. (14) hundreds of thousands of diving ducks (16 U.S.C. 715 et seq.); SEC. 5. EXPANSION OF INTERNATIONAL REFUGE stop to rest in the Lake Erie area during au- (B) the West Sister Island National Wild- BOUNDARIES. tumn migration from Canada to points east life Refuge established by Executive Order The southern boundary of the Inter- and south; No. 7937, dated August 2, 1937; and national Refuge is extended south to include (15) the wetland of the western basin pro- (C) the Cedar Point National Wildlife Ref- additional land and water in the State of vides a major stopover for ducks, such as mi- uge established by the Secretary in accord- Michigan located east of Interstate Route 75, grating bufflehead, common goldeneye, com- ance with the Migratory Bird Conservation extending from the southern boundary of mon mergansers, and ruddy duck; Act (16 U.S.C. 715 et seq.). Sterling State Park to the Ohio State bound- (16) the international importance of Lake (3) SECRETARY.—The term ‘‘Secretary’’ ary, as depicted on the map referred to in Erie is indicated in the United States by con- means the Secretary of the Interior. section 4(a)(1). gressional designation of the Ottawa and (4) WESTERN BASIN.— Cedar Point National Wildlife Refuges; SEC. 6. ADMINISTRATION. (A) IN GENERAL.—The term ‘‘western (a) REFUGE COMPLEX.— (17)(A) Lake Erie has an international rep- basin’’ means the western basin of Lake utation for walleye, perch, and bass fishing, (1) IN GENERAL.—The Secretary shall ad- Erie, consisting of the land and water in the minister all federally owned land, water, and recreational boating, birding, photography, watersheds of Lake Erie extending from the and duck hunting; and interests in land and water that are located watershed of the Lower Detroit River in the within the boundaries of the Refuge Complex (B) on an economic basis, tourism in the State of Michigan to and including Sandusky Lake Erie area accounts for an estimated in accordance with— Bay and the watershed of Sandusky Bay in (A) the National Wildlife Refuge System $1,500,000,000 in retail sales and more than the State of Ohio. 50,000 jobs; Administration Act of 1966 (16 U.S.C. 668dd et (B) INCLUSION.—The term ‘western basin’ seq.); and (18)(A) many of the 417,000 boats that are includes the Bass Island archipelago in the registered in the State of Ohio are used in (B) this Act. State of Ohio. the western basin, in part to fish for the esti- (2) ADDITIONAL AUTHORITY.—The Secretary mated 10,000,000 walleye that migrate from SEC. 4. EXPANSION OF BOUNDARIES. may use such additional statutory authority the lake to spawn; and (a) REFUGE COMPLEX BOUNDARIES.— available to the Secretary for the conserva- (B) that internationally renowned walleye (1) EXPANSION.—The boundaries of the Ref- tion of fish and wildlife, and the provision of fishery drives much of the $2,000,000,000 sport uge Complex are expanded to include land opportunities for fish- and wildlife-dependent fishing industry in the State of Ohio; and water in the State of Ohio from the east- recreation, as the Secretary determines to be (19) coastal wetland in the western basin ern boundary of Maumee Bay State Park to appropriate to carry out this Act. has been subjected to intense pressure for 150 the eastern boundary of the Darby Unit (in- (b) ADDITIONAL PURPOSES.—In addition to years; cluding the Bass Island archipelago), as de- the purposes of the Refuge Complex under (20) prior to 1850, the western basin was picted on the map entitled ‘‘Ottawa National other laws, regulations, executive orders, part of an extensive coastal marsh and Wildlife Refuge Complex Expansion and De- and comprehensive conservation plans, the swamp system consisting of approximately troit River International Wildlife Refuge Ex- Refuge Complex shall be managed— 122,000 hectares that comprised a portion of pansion Act’’ and dated September 6, 2002. (1) to strengthen and complement existing the Great Black Swamp; (2) AVAILABILITY OF MAP.—The map re- resource management, conservation, and (21) by 1951, only 12,407 wetland hectares re- ferred to in paragraph (1) shall be available education programs and activities at the mained in the western basin; for inspection in appropriate offices of the Refuge Complex in a manner consistent with (22) 50 percent of that acreage was de- United States Fish and Wildlife Service. the primary purposes of the Refuge Com- stroyed between 1972 and 1987, leaving only (b) BOUNDARY REVISIONS.—The Secretary plex— approximately 5,000 hectares in existence may make such revisions of the boundaries (A) to provide major resting, feeding, and today; of the Refuge Complex as the Secretary de- wintering habitats for migratory birds and (23) along the Michigan shoreline, coastal termines to be appropriate to facilitate the other wildlife; and wetland was reduced by 62 percent between acquisition of property within the Refuge (B) to enhance national resource conserva- 1916 and the early 1970s; Complex. tion and management in the western basin; (24) the development of the city of Monroe, (c) ACQUISITION.— (2) in partnership with nongovernmental Michigan, has had a particularly significant (1) IN GENERAL.—Subject to paragraph (2), and private organizations and private indi- impact on the coastal wetland at the mouth the Secretary may acquire by donation, pur- viduals dedicated to habitat enhancement, to of the Raisin River; chase with donated or appropriated funds, or conserve, enhance, and restore the native (25) only approximately 100 hectares re- exchange the land and water, and interests aquatic and terrestrial community charac- main physically unaltered today in an area in land and water (including conservation teristics of the western basin (including as- in which, 70 years ago, marshes were 10 times easements), within the boundaries of the sociated fish, wildlife, and plant species); more extensive; Refuge Complex. (3) to facilitate partnerships among the (26) in addition to the actual loss of coastal (2) MANNER OF ACQUISITION.—Any and all United States Fish and Wildlife Service, Ca- wetland acreage along the shores of Lake acquisitions of land or waters under the pro- nadian national and provincial authorities, Erie, the quality of much remaining dike visions of this Act shall be made in a vol- State and local governments, local commu- wetland has been degraded by numerous untary manner and shall not be the result of nities in the United States and Canada, con- stressors, especially excessive loadings of forced takings. servation organizations, and other non-Fed- sediments and nutrients, contaminants, (d) TRANSFERS FROM OTHER AGENCIES.—Ad- eral entities to promote public awareness of shoreline modification, exotic species, and ministrative jurisdiction over any Federal the resources of the western basin; and the diking of wetland; and property that is located within the bound- (4) to advance the collective goals and pri- (27) protective peninsula beach systems, aries of the Refuge Complex and under the orities that— such as the former Bay Point and Woodtick, administrative jurisdiction of an agency of (A) were established in the report entitled at the border of Ohio and Michigan near the the United States other than the Depart- ‘‘Great Lakes Strategy 2002—A Plan for the mouth of the Ottawa River and Maumee Bay, ment of the Interior may, with the concur- New Millennium’’, developed by the United have been eroded over the years, exacer- rence of the head of the administering agen- States Policy Committee, comprised of Fed- bating erosion along the shorelines and nega- cy, be transferred without consideration to eral agencies (including the United States tively affecting breeding and spawning the Secretary for the purpose of this Act. Fish and Wildlife Service, the National Oce- grounds. (e) STUDY OF ASSOCIATED AREA.— anic and Atmospheric Administration, the SEC. 3. DEFINITIONS. (1) IN GENERAL.—The Secretary, acting United States Geological Survey, the Forest In this Act: through the Director of the United States Service, and the Great Lakes Fishery Com- (1) INTERNATIONAL REFUGE.—The term Fish and Wildlife Service, shall conduct a mission) and State governments and tribal ‘‘International Refuge’’ means the Detroit study of fish and wildlife habitat and aquatic governments in the Great Lakes basin; and

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.007 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2537 (B) include the goals of cooperating to pro- overall purpose of this legislation is to New Jersey (Mr. PALLONE), chairman tect and restore the chemical, physical, and authorize the expansion of the existing and ranking member of the Fisheries biological integrity of the Great Lakes basin Ottawa National Wildlife Refuge com- Subcommittee, for their assistance, ecosystem. plex in Ohio and to extend the southern and also chairman and ranking mem- (c) PRIORITY USES.—In providing opportu- nities for compatible fish- and wildlife-de- boundary of the Detroit River Inter- ber of the Committee on Resources, the pendent recreation, the Secretary, in accord- national Wildlife Refuge in Michigan. gentleman from California (Mr. POMBO) ance with paragraphs (3) and (4) of section The overarching goal is to protect and, and the gentleman from West Virginia 4(a) of the National Wildlife Refuge System where possible, to enhance the remain- (Mr. RAHALL), for their efforts as well. Administration Act of 1966 (16 U.S.C. ing wetlands and other aquatic habi- We deeply appreciate the support they 668dd(a)), shall ensure that hunting, fishing, tats within the western basin of Lake have given on a bipartisan basis wildlife observation and photography, and Erie. This region provides critical mi- throughout. environmental education and interpretation gratory waterfowl habitat and supports This bill is modeled on the legisla- are the priority public uses of the Refuge tion of the gentleman from Michigan Complex. the most significant recreational fish- (d) COOPERATIVE AGREEMENTS REGARDING ery in the entire Great Lakes. (Mr. DINGELL) to create the Lower De- NON-FEDERAL LAND.—To promote public I commend the bill’s sponsors, the troit River International Wildlife Ref- awareness of the resources of the western gentlewoman from Ohio (Ms. KAPTUR) uge. Obviously, our region is right next basin and encourage public participation in and the gentleman from Michigan (Mr. to Canada, and it builds on the remark- the conservation of those resources, the Sec- DINGELL), for their ingenuity in devel- able success of that effort. Let me em- retary may enter into cooperative agree- oping a long-term conservation strat- phasize that this bill facilitates only ments with the State of Ohio or Michigan, egy to protect this regional treasure. voluntary actions. Voluntary coopera- any political subdivision of the State, or any person for the management, in a manner They have worked tirelessly to adjust tion is the byword. Our bill explicitly consistent with this Act, of land that— the acquisition boundaries set forth by prohibits any forced takings. It does (1) is owned by the State, political subdivi- this legislation so that they meet the not force any private landowner or the sion, or person; and priorities of the other body, the States Federal Government to do anything (2) is located within the boundaries of the of Ohio and Michigan, and the interests that both parties are not willing to do. Refuge Complex. of local stakeholders. The U.S. Fish What it does do is create a mechanism SEC. 7. AUTHORIZATION OF APPROPRIATIONS. and Wildlife Service has expressed and a boundary, again drawing upon There are authorized to be appropriated some concern regarding the scope of the success of the Lower Detroit River such sums as are necessary— the proposed boundaries and about pos- International Wildlife Refuge, to foster (1) to acquire land and water within the Refuge Complex under section 4(c); sible impingement on existing manage- cooperation and teamwork to promote (2) to carry out the study under section ment activities. However, considering conservation and the national wildlife 4(e); and that the service has proposed its own refuge system. (3) to develop, operate, and maintain the 5,000-acre expansion of the Ottawa Ref- The bill facilitates a process by Refuge Complex. uge and also, Mr. Speaker, recognizing which our U.S. Fish and Wildlife Serv- The SPEAKER pro tempore. Pursu- that any future acquisition at either ice can either purchase land or accept ant to the rule, the gentleman from Ar- refuge will be done on a voluntary donations of land and conservation izona (Mr. RENZI) and the gentlewoman basis, H.R. 289 will ensure that future easements from willing parties, cor- from Guam (Ms. BORDALLO) each will expansion is undertaken to enhance ex- porations, nonprofit organizations and control 20 minutes. isting refuge resources, to complement individuals. That is well under way in The Chair recognizes the gentleman operations, and to protect critical the lower Detroit as I speak. In fact, from Arizona (Mr. RENZI). habitat areas. Mr. Speaker, the Ottawa National Mr. RENZI. Mr. Speaker, I yield my- In closing, Mr. Speaker, the fish and Wildlife Refuge, which is a part of this, self such time as I may consume. H.R. wildlife resources found in the western was created in 1961 originally when 289, introduced by the gentlewoman basin of Lake Erie are cherished by local conservation and hunting clubs from Ohio (Ms. KAPTUR) and the gen- millions of sportsmen and women. H.R. donated pristine Lake Erie marshland tleman from Michigan (Mr. DINGELL), 289 is innovative legislation necessary to the Federal Government and the would expand the boundaries of two to protect this heritage, and it deserves U.S. Fish and Wildlife Service. The bill refuges in Ohio and Michigan. This our support. enjoys broad and deep support in measure has been thoroughly reviewed; Mr. Speaker, it is my privilege to northern Ohio along the north coast and it has been endorsed by the Ohio yield such time as she may consume to from conservation groups, wildlife Department of Natural Resources, the the gentlewoman from Ohio (Ms. KAP- groups, and as the gentleman from Ari- Toledo Chamber of Commerce, the TUR), the ranking member on the agri- zona mentioned Ducks Unlimited, and local port authorities, and Ducks Un- culture appropriations subcommittee local governments. It is supported by limited. Once enacted, this expansion who has worked so diligently on this the State of Ohio and the Ohio Depart- should help to conserve wintering habi- legislation on behalf of her district and ment of Natural Resources. tat for migratory birds, enhance the the entire Lake Erie region. Mr. Speaker, this year we are cele- natural resources of Lake Erie, and en- Ms. KAPTUR. Mr. Speaker, I thank brating as a Nation the 100th anniver- sure that thousands of sportsmen will the gentlewoman from Guam (Ms. sary of the national wildlife refuge sys- have an opportunity to enjoy wildlife- BORDALLO) and the gentleman from Ar- tem that was created by the vision of dependent recreation, including fish- izona (Mr. RENZI) for allocating time so President Theodore Roosevelt. During ing, hunting, trapping and wildlife ob- that I might speak on behalf of H.R. this centennial year, obviously the servation. All land acquired by the 289, which would expand the bound- north coast is very grateful to be in- Federal Government must be obtained aries, as they have said, of two na- cluded. H.R. 289 will help us raise the in a voluntary manner and absolutely tional wildlife refuges along the north profile of the Ottawa National Wildlife no private property can be added to ei- coast, the Ottawa National Wildlife Refuge, the Lake Erie marshlands and ther refuge as a result of a forced tak- Refuge in Ohio and the Lower Detroit also the Lake Erie islands so that more ing. River International Wildlife Refuge in Americans and people from throughout I urge an ‘‘aye’’ vote on this legisla- Michigan. Obviously, we are one of the the world can enjoy their natural tion. few American flyways that remain. splendor. Mr. Speaker, I reserve the balance of The bill that is before us today is The refuge now attracts over 130,000 my time. identical to a measure that passed by visitors a year, hunters, fishermen, Ms. BORDALLO. Mr. Speaker, I yield unanimous consent here on the House photographers, birders, hikers, artists myself such time as I may consume. floor late in the 107th Congress. But be- and schoolchildren. We expect that (Ms. BORDALLO asked and was cause of inaction by the other body it number to increase dramatically. I given permission to revise and extend was unable to be sent to the President might say as a result of our recogni- her remarks.) for signature. I would like to thank the tion of our dependence on our natural Ms. BORDALLO. Mr. Speaker, as gentleman from Maryland (Mr. system, when we first began work in noted by the previous speaker, the GILCHREST) and the gentleman from this region of our country, we had but

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.007 H01PT1 H2538 CONGRESSIONAL RECORD — HOUSE April 1, 2003 two or three nesting pairs of eagles Mr. DINGELL. Mr. Speaker, I rise in support The important of Lake Erie is manifested in that were left in our region of the of H.R. 289, legislation that I co-authored with the United States congressional designation of country. That is now up over 84 nesting the distinguished gentlewoman from Toledo, the Ottawa and Cedar Point National Wildlife pairs of eagles. We expect those num- Ms. KAPTUR. This important fish and wildlife Refuges. Lake Erie has an international rep- bers to increase in ensuing years as conservation measure will expand the bound- utation for walleye, perch, and bass fishing, as well. aries of the Detroit River International Wildlife well as duck hunting. On an economic basis, We see the natural wonders of the Refuge to encompass important lands in Lake Erie tourism accounts for an estimated Lake Erie marshlands as an economic Southeastern Michigan and Northern Ohio. It $1.5 billion in retail sales and more than boon to our north coast region through is of immense importance to the people of 50,000 jobs. ecotourism, which is expanding. We Southeast Michigan and our neighbors to the In Michigan, the Refuge will run from the want families to enjoy the roller coast- South in Ohio. southern boundary of Sterling State Park to ers at Cedar Point in Sandusky and I would like to thank Chairman GILCHREST the eastern edge of Sandusky Bay, Ohio. The then drive a few miles west to see the and Ranking Member PALLONE for their lead- Secretary of Interior is authorized to acquire bald eagles at the Ottawa National ership and their assistance. I would also like by donation, purchase with donated or appro- Wildlife Refuge. We want tourists to to thank the Chairman of the full Committee, priated funds, or grant conservation ease- enjoy some of the greatest fishing on RICHARD POMBO, and Ranking Member NICK ments with the boundaries of the Refuge. Any Earth. I would like to say that I rep- RAHALL, for their assistance is shepherding and all acquisitions of lands are voluntary, and resent the bathtub of the Great Lakes. this bill to the floor. Your efforts are greatly ap- federal takings are strictly prohibited. I would We have more fish and more swimmers preciated. note that the Secretary shall administer all fed- than any other part of the region, or Mr. Speaker, in 2001, thanks to the leader- erally owned lands, waters, and interests with- anyplace in the world, in the central ship of the Resources Committee and the sup- in the Refuge in accordance with the National and western basins of Lake Erie and port from local grassroots organizations, con- Wildlife Refuge System Administration Act. also some of the greatest bird watching servation groups, state and local governments, Thus, the rights of sportsmen and in the world as well. as well as our Canadian neighbors, we were waterfowlers like myself to hunt and fish in ac- H.R. 289 will help us build on this mo- able to create the Detroit River International cordance with state law will be protected. mentum, not only for Ottawa but also Wildlife Refuge. Our refuge on the Detroit Mr. Speaker, I again thank the Resources River is already demonstrating how—working for the Lower Detroit International Committee for their assistance. Ms. KAPTUR’s as a team—federal, state, and local officials in Wildlife Refuge. I want to personally bill is an important piece of legislation which the United States and Canada, can work with express my deep gratitude to the gen- will be great benefit to the people of Michigan, businesses, conservationists and private citi- tleman from Michigan (Mr. DINGELL), Ohio, and Ontario, and represents a sound zens to preserve our remaining wildlife habitat seniority number one here in the approach to protecting, preserving, and restor- along the River and improve the quality of life. House, for his leadership for our entire ing the wildlife habitat of the Great Lakes. I H.R. 289 builds on that success, expanding region. urge its adoption. Mr. Speaker, I urge the Members to the refuge south into Ohio, to protect the Lake Ms. BORDALLO. Mr. Speaker, I yield Erie shoreline. vote ‘‘yes’’ on H.R. 289. back the balance of my time. The lands we are talking about encompass Mr. GILCHREST. Mr. Speaker, I rise in sup- Mr. RENZI. Mr. Speaker, I yield back an area of tremendous bio-diversity, with port of H.R. 289. the balance of my time. unique geological features and a wide variety This proposal has been the subject of two The SPEAKER pro tempore. The of plant life that attracts numerous species of congressional hearings. We have heard from question is on the motion offered by fish, birds, and waterfowl. a diverse group of witnesses testifying in In the Great Lakes region, there is a tre- the gentleman from Arizona (Mr. strong support of expanding the boundaries of mendous urgency to protect our remaining RENZI) that the House suspend the these two existing refuges. One of those wit- high-quality habitats before they are lost to fur- rules and pass the bill, H.R. 289, as nesses is the director of the Ohio Department ther development. We must also do our ut- amended. of Natural Resources. In his statement, Mr. most to rehabilitate and enhance degraded The question was taken; and (two- Samuel Speck noted that this measure will habitat. This is essential to sustain the quality thirds having voted in favor thereof) ‘‘ensure an abundance of ecological and con- of life enjoyed by the people living along the the rules were suspended and the bill, servation improvements that will truly benefit Detroit River and the Lake Erie corridor. as amended, was passed. this ‘‘Great Lake’’ and the millions of Ameri- The Western basin of Lake Erie is vitally im- A motion to reconsider was laid on cans who benefit from it’’. portant to the economic and environmental fu- the table. The fundamental goal of H.R. 289 is to con- ture of the United States. In the 1970s and f serve the wetland resources of the western 1980s, the ecological health of Lake Erie was GENERAL LEAVE basin of Lake Erie. This shallow body of water a running joke—fisherman derisively renamed is, according to the U.S. Geological Survey, Lake Erie ‘‘The Dead Sea.’’ Water quality was Mr. RENZI. Mr. Speaker, I ask unani- the 11th largest fresh water lake in the world poor, and fish and wildlife suffered as a result. mous consent that all Members may and it has the most productive fishing habitat But in the past two decades, the citizens have 5 legislative days in which to re- in all of the Great Lakes. and governmental institutions of both the vise and extend their remarks and in- While sadly more than 98 percent of the United States and Canada have devoted in- clude extraneous material in the original wetlands in Northwest Ohio have been creasing attention and resources to the res- RECORD on H.R. 622, H.R. 762, and H.R. lost, the remaining 12,500 acres provide irre- toration of the water quality and the fisheries 289, the three bills just considered. placeable habitat for 325 species of birds, 300 of the Great Lakes, including the Western The SPEAKER pro tempore. Is there species of plants and 43 fish species. In fact, basin. Numerous grassroots environmental objection to the request of the gen- the western basin is used by 70 percent of the and conservation organizations have worked tleman from Arizona? black ducks that migrate in the Mississippi dutifully to address environmental degradation There was no objection. flyway and it provides nesting habit for 79 in the region. I am happy to say that these ef- f breeding pairs of bald eagles. forts have been successful, though there is EXPRESSING SENSE OF CONGRESS The remaining wetlands should be protected still much more that must be done. REGARDING THE BLUE STAR and the most effective way to accomplish that The coastal wetlands of Lake Erie support BANNER AND THE GOLD STAR goal is to include available habitat within the the largest diversity of plant and wildlife spe- National Wildlife Refuge System. cies in the Great Lakes. More than 320 spe- Mr. GIBBONS. Mr. Speaker, I move Furthermore, it is my hope that by expand- cies of birds and 43 species of fish have been to suspend the rules and agree to the ing these refuges, all interested parties will identified in the aquatic and wetland habitats concurrent resolution (H. Con. Res. 109) work together to devise a comprehensive of the Western basin. The shallow Western expressing the sense of the Congress re- strategy to protect and restore the physical basin is home to the largest concentration of garding the Blue Star Banner and the and biological integrity of the Lake Erie west- marshes in Lake Erie, which makes it a major Gold Star, as amended. ern basin ecosystem. migratory bird corridor. Seventy percent of the The Clerk read as follows: I urge an ‘‘aye’’ vote and I compliment my Mississippi Flyway population of black ducks H. CON. RES. 109 colleagues MARCY KAPTUR and JOHN DINGELL is concentrated in the Lake Erie marshes dur- Whereas the Blue Star Flag (commonly re- for proposing this innovative legislation. ing fall migration. ferred to as the ‘‘Blue Star Banner’’) was

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.041 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2539 patented and designed in 1917, during the The Chair recognizes the gentleman also at war across the globe in our war height of the World War I, by Army Captain from Nevada (Mr. GIBBONS). against terrorism, in Afghanistan but Robert L. Queissner of the 5th Ohio Infantry, b 1345 elsewhere around the world; and we all, who had two sons serving on the front lines; every single one of us, are tremen- Whereas the Blue Star Flag quickly be- GENERAL LEAVE dously proud of our Armed Forces and came the symbol for a family member serv- Mr. GIBBONS. Mr. Speaker, I ask the battle that they are carrying for- ing the Nation in the Armed Forces, and unanimous consent that all Members families began proudly displaying these flags ward both to liberate Iraq but also to in their front windows during World War I; may have 5 legislative days within battle and fight terrorism wherever it Whereas each Blue Star on the flag rep- which to revise and extend their re- appears around the globe. resents a family member serving in the marks on H. Con. Res. 109, the concur- Our hope, my hope as a sponsor of Armed Forces and symbolizes hope and rent resolution under consideration. this resolution, is that all families pride; The SPEAKER pro tempore (Mr. MIL- with service personnel currently serv- Whereas beginning in 1918, the Blue Star LER of Florida). Is there objection to ing in our Armed Forces will proudly would signify the living, and a smaller Gold the request of the gentleman from Ne- display the Blue Star Banner, and that Star would be placed on top of the Blue Star, vada? all Americans across the Nation will forming a blue border, if the family member There was no objection. was killed or died while on active duty, to recognize the Blue Star Banner as a Mr. GIBBONS. Mr. Speaker, I yield 6 symbol of pride and dedication, recog- symbolize the family member’s sacrifice for minutes to the gentleman from Ari- the cause of freedom; nizing not just the sacrifice of the indi- zona (Mr. SHADEGG), the author of this Whereas Blue Star Flags were displayed vidual service member, man or woman, widely during World War II; resolution. in our armed services at this critical Whereas many of the flags displayed dur- Mr. SHADEGG. Mr. Speaker, I thank point in our Nation’s history, but also ing those wars were hand-made by the moth- the gentleman for yielding me this the sacrifice made by that family. ers of those serving in the Armed Forces; time. It seems to me that this is a particu- Whereas the legacy of the Blue Star Flag I rise in strong support of the resolu- larly important time, and my hope is continued during the Korean, Vietnam, and tion. This is a grand tradition of our that across the country these banners Persian Gulf Wars and other periods of con- Nation, and this resolution encourages will spring up, hanging in the windows flict, as well as in times of peace; all Americans to honor the Blue Star Whereas the Blue Star Flag is the official of families with service personnel and Banner and the Gold Star as patriotic that all of us, as a Nation, all of us who flag authorized by law, at section 901 of title symbols of the proud tradition of the 36, United States Code, to be displayed in do not have a family member serving honor of a family member serving the United families of our fighting men. in the armed services, will step forward States on active duty in the Armed Forces This tradition was started in World and tell those families how much we during a period of war or hostilities, while War I when, in 1917, the Blue Star Ban- appreciate not only the sacrifice that the Gold Star may be displayed in honor of ner was designed by an Army veteran the individual serviceman or service- a family member who has made the ultimate Captain Robert L. Queissner, who had woman is making to serve our Nation sacrifice for the Nation; two sons serving on the front lines dur- at this critical point in time, but also Whereas for over 85 years, families have ing World War I. The design is to sym- proudly displayed the Blue Star Flag show- that the family is making. It seems to bolize the number of members of the me that this is indeed a grand tradition ing United States service personnel the family from that household who are honor and pride that is taken in their sac- and one that is very important. rifices for freedom; currently serving in our armed serv- I need to go on and explain, however, Whereas the flag may be displayed by ices; and the intent of the resolution is the tradition of the Gold Star because members of the immediate family of a loved to simply encourage American families the Gold Star carries this tradition one one serving in the Armed Forces; with service personnel currently serv- step further. As we know as Americans, Whereas the flag may be flown by families ing in our Armed Forces to proudly dis- as the world knows, freedom is not with a service member stationed either do- play this banner. free. It comes at a very heavy price. mestically or overseas; The banner became a particularly Not far from here, at Bethesda Naval Whereas the display of the flag in the front strong symbol. Mothers across the window of a home shows a family’s pride in Hospital, there are many injured serv- their loved one and is a reminder that pre- country embraced it as a symbol of de- icemen who have come back from the serving America’s freedom demands great votion and their pride for family mem- war to liberate Iraq and who are there sacrifice; and bers who were serving in the war, and being healed. But we also know that Whereas such a reminder is especially it came to its pinnacle of recognition some service members already in this timely during the current conflict with Iraq during World War II. As a matter of war have lost their lives. and the global war on terrorism: Now, there- fact, I would remind my colleagues The tradition of the Gold Star short- fore, be it that in the movie Saving Private Ryan, ly followed the Blue Star Banner, and Resolved by the House of Representatives (the they may recall that as the Army the Gold Star is a star which is dis- Senate concurring), That the Congress— sedan pulls up to the home of the played by a family when they have lost (1) honors members of the United States Armed Forces and their families; Ryans, we can see a Blue Star Banner a family member, that is, when a mem- (2) calls on all Americans to honor the in the window of their home, acknowl- ber of the service has made the ulti- members of the United States Armed Forces edging that a member of their family mate sacrifice. Tragically, that has and their families, to recognize the impor- was serving in the war. happened in this war. Tragically, we tance of the Blue Star Flag and the Gold If more than one member of the fam- have lost all too many soldiers in this Star and their symbolism of the devotion ily is serving in the armed services at war, and the tradition is that when a and service of the members of the United the time of the combat, then there are family member is lost, when a family States Armed Forces, and to advance aware- as many blue stars as there are mem- member has made the final sacrifice, ness of the Blue Star Flag and the Gold Star bers of the family currently serving. that the Gold Star is placed over the through all appropriate information and This symbol, as I said, reached its media channels; and Blue Star, acknowledging that some- (3) encourages the families of members of pinnacle during World War II when one from that home has made the ulti- the Armed Forces to proudly display the great pride was exhibited by our Amer- mate sacrifice. Blue Star Flag or, if their loved one has ican families for the service men and This concurrent resolution, the Blue made the ultimate sacrifice, the Gold Star. women from their families who were Star Banner and the Gold Star, is sup- SEC. 2. The authority on which this resolu- currently serving. It has fallen into ported by many groups across the tion rests is the authority of Congress to some disuse since then, and this resolu- country, the American Legion and its make all laws which shall be necessary and tion simply calls upon all American efforts all across the country. The Blue proper as provided in Article I, section 8 of service families to proudly display the Star Mothers of America, the Amer- the United States Constitution. Blue Star Banner, acknowledging that ican Gold Star Mothers and the Gold The SPEAKER pro tempore. Pursu- a member of that household’s family is Star Wives of America, as well as the ant to the rule, the gentleman from currently serving in our armed services Veterans of Foreign Wars, are all sup- Nevada (Mr. GIBBONS) and the gen- somewhere around the world. porting these banners. Indeed, this is tleman from Missouri (Mr. SKELTON) Clearly, we are at war. We are at war the official banner recognized by Con- each will control 20 minutes. not only to liberate Iraq, but we are gress in 1967 and by the Department of

VerDate Jan 31 2003 02:22 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.009 H01PT1 H2540 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Defense as the official acknowledgment of the American people for the young of service members to display the Blue of the fact that there is a family mem- people who risk their lives on the bat- Star Banner in patriotic support of our ber in the services. tlefield. loved ones. This morning at the press conference So, as a cosponsor of this House con- As our men and women in uniform we held on this topic, a representative current resolution, I support this meas- fight to bring democracy and stability of the Gold Star Mothers came for- ure. It is a timely resolution recog- to the people of Iraq, I hope that we ward, and she made it very clear, along nizing the importance of Blue Stars will restore this proud tradition. And it with a representative of the Gold Star and Gold Star banners. The Blue Star is a proud tradition. I urge all Ameri- Wives, that they did not want their Banner actually emerged during the cans to restore the display of a star for group to expand, that indeed because First World War when Army Captain their loved ones who are defending the the Blue Star Banner is a moment of Robert Queissner designed a Blue Star freedoms that this body was founded pride for a service member serving, the to honor his two sons who were serving upon. Gold Star Banner, of course, is an ac- on the front lines during that conflict. So it is with pleasure, Mr. Speaker, knowledgment of a lost life; and the The patented star soon became the that I endorse and urge this House of women from the Gold Star Wives and country’s unofficial symbol which fam- Representatives to pass this resolution the American Gold Star Mothers came ilies used to recognize a child serving and that we have a unanimous vote in forward and said they do not want in our Armed Forces. favor of the Blue Stars and the Gold their groups to expand, of course be- In 1918, President Woodrow Wilson Stars to be displayed on the banners in cause the only way one gains member- approved a recommendation by the our windows of our homes. ship in the group of Gold Star Mothers Women’s Committee of the Council of Mr. Speaker, I reserve the balance of or Gold Star Wives is to lose a family National Defenses that mothers who my time. member. I think every member of the had lost a child in conflict wear a Gold Mr. GIBBONS. Mr. Speaker, I yield 2 Nation hopes that the Gold Star does Star on the traditional black mourning minutes to the gentleman from Geor- not expand, but each day as this war arm-band. Thus began the tradition of gia (Mr. BURNS). goes forward there is the risk of that. covering a Blue Star with a Gold Star Mr. BURNS. Mr. Speaker, this reso- I think it is time for America to pas- when a family lost such a loved one. lution is powerful. It is powerful be- sionately thank our armed services The Department of Defense has rec- cause it says that if one has a loved personnel. The Blue Star Banner and ognized the banner as an official serv- one in the armed services, we encour- the Gold Star are a great tradition for ice flag for immediate family members age them to fly a Blue Star Banner. It doing that. of servicemen and women to display is powerful because it encourages those I urge my colleagues not to just em- during any period of war or hostilities families who have lost a loved one in brace this resolution and vote for it, in which the American Armed Forces the service of his or her country to dis- but go home and talk about it in their are engaged. play a Gold Star on that same banner. districts, tell their constituents, let As I mentioned, when I was a boy The Blue Star Banner and the Gold them know of this grand tradition, en- growing up in my hometown of Lex- Star are symbols not only of our men courage every single family with a ington, I still recall those Blue Stars, and women in uniform and the sac- member in our armed services to fly those banners, hanging in the windows rifices that they make for our free- the Blue Star Banner with great pride of homes as fathers or mothers, hus- doms, but they are also symbols of and let every other American express bands, wives and sons and daughters hope, symbols of love, and symbols of their gratitude and their thanks to left to serve our Nation in that Second sacrifice of families who give so much those service personnel serving. World War. As men and women were for our troops. Mr. GIBBONS. Mr. Speaker, I reserve called upon to serve our Nation, the Mr. Speaker, this resolution is par- the balance of my time. prevalence of the Blue and the Gold ticularly significant to me because Mr. SKELTON. Mr. Speaker, I yield Star Banners became a familiar sight many of the troops who are leading the myself such time as I may consume. wherever we went in my hometown. It charge of our military in Iraq come First, let me compliment the gen- was during the Second World War that from the Third Infantry Division out of tleman from Arizona (Mr. SHADEGG) for organizations also displayed the banner Fort Stewart, Georgia. These fine offering this resolution before the Con- to recognize their members who were young men and women have gone to gress, the sense of Congress regarding serving in uniform. Iraq. Some, sadly, will make the ulti- the Blue Star Banner and the Gold Today, Mr. Speaker, as one travels mate sacrifice for freedom and not re- Star. I think this is certainly fitting across our wonderful land, one can still turn. But this legislation is a visible and proper considering the fact that we find these traditional symbols being symbol of our support for our troops, today are at war in Iraq, considering proudly displayed. However, while we their families, and their collective sac- the fact that we already have lost have more than a million service mem- rifices for all of our freedoms. American lives in that conflict. bers in uniform as we speak, the use of I remember as a young boy growing the banner has steadily declined and, b 1400 up in my hometown of Lexington, Mis- sadly, this American tradition has I am proud to be a cosponsor of this souri, and seeing these banners with faded. Many Americans no longer rec- resolution, and I urge its immediate Blue Stars and some with two Blue ognize this banner for the important passage. Stars and some with Gold Stars, know- part it has played in the history of our Mr. GIBBONS. Mr. Speaker, I reserve ing the fact that members of the fam- country, particularly the military his- the balance of my time. ily, either a sailor or sometimes broth- tory of our country, and yet American Mr. SKELTON. Mr. Speaker, I yield 2 ers; or sometimes a soldier would lose men and women are still called upon to minutes to the gentlewoman from Cali- his life on the battlefield and the Gold defend our freedoms. Korea, Vietnam, fornia (Ms. SOLIS). Star would hang in the window of that Operation Desert Storm, the Balkans, Ms. SOLIS. Mr. Speaker, I would also family’s home. And I think it is cer- Afghanistan, and now Operation Iraqi like to thank the gentleman from Mis- tainly fitting that we, in our own way, Freedom are just a few of the conflicts souri (Mr. SKELTON) for conducting this express our sense that this is the right which our Armed Forces have served. discussion and our friends on the other thing to do now, to bring it home to This last September, as American side of the aisle. America that these young men and forces continued the fight against ter- I rise today also to strongly support women who literally put their lives on rorists, this House of Representatives this resolution. Popular during World the line should be remembered in such passed a similar resolution that called War II, we are seeing the Blue Star a visible and fine way. upon the President to issue a procla- Banners flown again. I brought a copy Cicero, the great Roman orator, once mation in support of the Blue and the of one, because these are being proudly said that gratitude is the greatest of Gold Star Banners. As our forces con- flown in my own district in the cities all virtues, and this is one way, a small tinue to engage in battle in the Middle of El Monte and West Covina, and they way, be that as it may, to express the East, I urge the President to issue a are being displayed by families who gratitude of not just the Congress but proclamation that calls upon families have loved ones serving in the Armed

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.045 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2541 Forces, whether their family member the service and our troops. It is a pleas- tradition to restore, and I whole- is a son, daughter, brother, sister, wife, ure to serve on the committee with heartedly support this legislation. husband, or even a grandchild. him as the ranking member. Again, I Mr. SKELTON. Mr. Speaker, I have The banner shows a family’s pride in want to commend the gentleman from no additional speakers, except to thank their loved one serving in the military. Arizona (Mr. SHADEGG), and I urge the gentleman from Arizona (Mr. SHAD- It also reminds us that we are pre- strong support for this resolution. EGG) for this resolution and to thank serving America’s freedom and that de- Mr. Speaker, I reserve the balance of the gentleman from Nevada (Mr. GIB- mands so much. my time. BONS) for sponsoring this resolution. I Blue Star Mothers and Gold Star Mr. SKELTON. Mr. Speaker, I yield think it is very, very important that Mothers organizations were established myself such time as I may consume. every American family have the oppor- back in World War I and remain active Let me first compliment the gen- tunity to display a banner such as this even today. There are Blue Star Moms tleman from Nevada (Mr. GIBBONS) for resolution endorses, that every Amer- that are popping up in my district bringing this important resolution to ican family that does not have a loved where I live in the city of El Monte. the floor. Let me share, if I may, Mr. one in uniform understands, recog- Unfortunately, we are also seeing more Speaker, an experience I had yester- nizes, and appreciates those families families displaying Gold Stars on their day. that do. banners. Families like the Flores fam- I went out to Bethesda Naval Hos- Mr. Speaker, I yield back the balance ily in my district who just learned that pital, and I had the opportunity to of my time. they lost their son, Francisco A. Mar- visit with seven of the 10 young Ma- Mr. GIBBONS. Mr. Speaker, with the tinez Flores, who was killed in Iraq. rines and one sailor who were injured eloquent words of my friend, the gen- We must honor the United States in the Iraqi war, the Iraqi conflict, and tleman from Missouri, I would also Armed Forces and their families be- some of them were injured rather se- urge each and every one of our col- cause they are all heroes. I encourage verely. I have to tell my colleagues leagues to support this resolution. these families to proudly display the that of the seven I visited, all seven Mr. FOSSELLA. Mr. Speaker, It is my great Blue Star Banner. were extremely strong in morale, they pleasure to take a moment to speak about the Mr. GIBBONS. Mr. Speaker, I yield backed the purpose of our being in Blue Star Banner and the Gold Star. myself such time as I may consume. Iraq, and were just proud to be United As we continue to battle the enemy of free- Mr. Speaker, I rise in strong support States Marines. I met some of their dom, each day many Americans bid farewell of the resolution offered by the gen- families too, and what great American to a loved one that is a member of our Armed tleman from Arizona (Mr. SHADEGG), families they were. And these families, Forces, not knowing where they will go or and I commend the gentleman for I know full well, will display with great when they will return, these families only have bringing this important resolution to pride and affection the Blue Star Ban- symbols of their loved ones. the attention of the House. ner that we are speaking of, which the These brave men and women who proudly House Concurrent Resolution 109 re- gentleman from Arizona (Mr. SHADEGG) wear our military’s uniforms leave behind minds the Nation of one of our most was good enough to endorse through equally brave friends and relations who look cherished wartime traditions, having his resolution. for some way to remain connected to their the families of military So let us hope that every member of loved ones abroad. Those on the homefront servicemembers display the Blue Star our military’s families will display this are eager to show their support for our troops, Service Flag and wear a service lapel banner with pride and exhibit the pride their hope for a safe return, and their pride in pin. of the families I saw yesterday with the actions and bravery of their loved ones. The daily lives of most Americans re- those injured Marines at the Bethesda The Blue an Gold Star Banner emphasizes main unchanged by the conflict in Iraq Naval Hospital. I am proud of them. I the special and difficult role of the family left and the war on terrorism. Aside from am proud of everyone who wears the behind in time of war. the television news coverage, many American uniform. Recognizing this desire to show support and Americans do not think about these Mr. Speaker, I yield 2 minutes to the pride for our family members who are off to very challenging conflicts during the gentleman from South Carolina (Mr. battle, Army Captain Robert L. Queissner de- rush of their busy days. However, there SPRATT). signed the Blue Star Banner in 1917, initially are hundreds of thousands of Ameri- Mr. SPRATT. Mr. Speaker, I com- in support of his two sons who were serving cans whose family members are fight- mend both sides for the bipartisan ef- on the front lines in World War I. The popu- ing on the front lines of these 21st cen- fort they have made here to restore a larity of this banner spread quickly among tury wars and enduring all the same proud, proud tradition. I am just old those whose family members were also fight- dangers and hardships that confronted enough to remember the Gold Star and ing in the War, and continued through many our warriors during previous conflicts. Blue Star Banners. I am a war baby years and many battles to be displayed by Mr. Speaker, all of us need to remem- born in 1942. But I still have a dim families nationwide who anxiously awaited ber that these Americans are experi- recollection of that and a warm feeling their loved ones’ return. encing this war in a very personal man- of the pride that those who displayed The families of those who did not make it ner and with a level of fear and uncer- these banners had, to let all the com- back home displayed a Gold Star over the tainty for loved ones in uniform that munity know that they had a loved one Blue Star Banner, to symbolize the honor with only they can understand. who was serving abroad or serving in which their loved ones perished in the name Mr. Speaker, that is why the Blue service at some place in time. of freedom. This practice continues today, as Star Service Flag and its accom- I spent this past weekend, Sunday a way for families to show their pride in the panying service lapel pin are so impor- afternoon, in the little town of Jeffer- valiant actions of their loved ones in service to tant. They will be an eloquent re- son, South Carolina, where we had a our country, who have made the ultimate sac- minder for friends and neighbors that memorial service for a staff sergeant in rifice on our behalf. our soldiers, sailors, airmen, and Ma- the Air Force, Jason Higgs, whose heli- I therefore encourage the families of all rines are fighting and sacrificing their copter was on a rescue mission to pick American servicemembers to display the Blue lives to keep us safe and to keep us up two Afghan girls, both of whom Star Banner and, as necessary, the Gold Star, free. were in need of medical care, to bring in show of unconditional support for and pride We can all benefit from a short, som- them back and have them attended to in our nation’s Armed Forces. ber moment every day to remember by Air Force doctors. He did not make Mr. GILLMOR. Mr. Speaker, I proudly rise those brave Americans and pledge to do it back. The next day they sent for the today in support of H. Con. Res. 109. The more during our day to support our girls, they had their surgery, that was Blue Star Banner was originally patented and troops and the families they leave be- successful. Sunday afternoon we laid designed in 1917, by Spanish-American War hind. him to rest. Veteran and World War I Army Captain Robert At this point, Mr. Speaker, I would All over America there are countless L. Queissner of the 5th Ohio Infantry, who at like to thank my colleague and friend, stories like this, about these folks who that time had two sons serving on the front- the gentleman from Missouri (Mr. are laying their lives on the line for us lines. Since its unofficial adoption back in the SKELTON), for his lifelong dedication to and our freedom. This is a wonderful early 20th century, it has grown to become the

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.048 H01PT1 H2542 CONGRESSIONAL RECORD — HOUSE April 1, 2003 official symbol of all mothers who have chil- H. Con. Res. 95 be instructed to eliminate the the children’s health insurance pro- dren proudly serving their country in the reconciliation instruction to the Committee gram. Contrast that, Mr. Speaker, to Armed Forces. As our history shows, many of on Agriculture, the Committee on Education what we do in our budget resolution, or and the Workforce, the Committee on En- the brave men and women who have so hon- would have done had it passed. Given ergy and Commerce, the Committee on the struggle that all the States are orably served this country in battle have in- Transportation and Infrastructure, the Com- deed made the ultimate sacrifice to ensure mittee on Veterans’ Affairs, and the Com- having with Medicaid, we sought to in- that the United States of America remains the mittee on Ways and Means contained in sec- crease the Federal share and lighten beacon of freedom and prosperity throughout tion 201(b) of the House resolution; that (2) the States’ burden by adding $10 billion the world. To honor these fallen heroes family such managers be instructed to recede to the at the Federal level to the cost of Med- members who lost loved ones in the defense Senate on section 319 (entitled ‘‘Reserve icaid this year. of liberty began placing a gold star over the Fund to Strengthen Social Security’’) of the If the rule had allowed during consid- Senate amendment; and that (3) such man- eration of the budget, we would have blue star to symbolize their sacrifice. As we agers be instructed to adjust the revenue lev- speak, our courageous service men and offered amendments when the budget els by the amounts needed to offset the cost was on the floor to strike all of these women continue to secure the safety of the of the instructions set forth in paragraphs (1) world and bring freedom to oppressed peo- and (2), without resulting in any increase in cuts. Since everyone knows that they ples. Therefore, it is only appropriate that we the deficit or reduction in surplus for any would have emasculated Medicare and pass this resolution today and show our soli- fiscal year covered by the resolution. Medicaid, I think they would have darity and resolve not only to those who The SPEAKER pro tempore. Pursu- passed; but we were not allowed to serve, but to their family members that they ant to the rule, the gentleman from make such an amendment. Next, veterans. Originally, the Re- have left behind here on the home-front. Mr. South Carolina (Mr. SPRATT) and the publicans on the Committee on the Speaker, I would urge all my colleagues to gentleman from Iowa (Mr. NUSSLE) Budget set out to cut $30 billion from pass this resolution and show that the stead- each will control 30 minutes. the budget for the veterans. They say fastness of the American spirit starts here in The Chair recognizes the gentleman that veterans benefits actually in- the United States Congress. from South Carolina (Mr. SPRATT). crease in their budget, and they may in Mr. GIBBONS. Mr. Speaker, I yield Mr. SPRATT. Mr. Speaker, I yield nominal dollars. But this is the fact of back the balance of my time myself such time as I may consume. the matter: Their budget resolution, as The SPEAKER pro tempore (Mr. Mr. Speaker, but for one vote, the brought to the floor, provided $15 bil- ISAKSON). The question is on the mo- budget resolution that we now seem to lion less for veterans health care than tion offered by the gentleman from Ne- send to conference would have gone the President requested, and it still vada (Mr. GIBBONS) that the House sus- down. Fortunately, there is still a way provides less for veterans disability pend the rules and agree to the concur- out for this budget with its massive benefits. rent resolution, H. Con. Res. 109, as deficits and its misguided priorities: we Next, education. The Republican res- amended. can rewrite it in conference. If we cut olution not only cuts appropriations The question was taken. through all the words, all the legisla- for education below the President’s al- The SPEAKER pro tempore. In the tive language and the motion that was ready-low level, it saves none of the 47 opinion of the Chair, two-thirds of just read, that is what the motion to programs that the President wiped out those present have voted in the affirm- instruct calls for. or would kill. It goes a step further: It ative. Now, we do not cover the waterfront whacks $9.4 billion out of mandatory Mr. GIBBONS. Mr. Speaker, on that I and take out every change that we find spending. What does the Committee on demand the yeas and nays. objectionable and make every change Education and the Workforce have in The yeas and nays were ordered. that we feel needs to be made, but we its jurisdiction? Student loans and The SPEAKER pro tempore. Pursu- do send the conferees a strong message, school lunches. Do we really want to ant to clause 8 of rule XX and the and that is to get rid of the worst of cut student loans and school lunches to Chair’s prior announcement, further the entitlement reconciliation direc- pay for a dividend tax exclusion? proceedings on this motion will be tives in this budget resolution. Next, railroad retirees. Looking ev- postponed. First of all, Medicare. Originally, our erywhere for programs they could cut f Republican colleagues on the Com- to offset a big tax cut of another $1.35 mittee on the Budget sought to cut APPOINTMENT OF CONFEREES ON trillion, our colleagues on the Com- Medicare by $262 billion and Medicaid H. CON. RES. 95, CONCURRENT mittee on the Budget even called on by $110 billion. That was to offset the RESOLUTION ON THE BUDGET the Committee on Transportation and cost of their prescription drug benefit FOR FISCAL YEAR 2004 Infrastructure to come up with some under Medicare. We tried to knock out reconciliation savings, namely, $3.7 bil- Mr. NUSSLE. Mr. Speaker, I ask these cuts in markup, but failed. The lion out of its mandatory or entitle- unanimous consent to take from the chairman, however, did change his ment programs. Speaker’s table the concurrent resolu- mark twice. After these modifications The only source that can produce tion (H. Con. Res. 95) establishing the were made, however, the Committee on such a cut under the jurisdiction of congressional budget for the United Ways and Means is still directed to cut that committee is railroad retirement, States Government for the fiscal year $62 billion out of entitlement programs a vested benefit on which 700,000 retir- 2004, and setting forth appropriate in its jurisdiction. This sort of saving ees depend. Surely we are not going to budgetary levels for fiscal years 2003 can only come from two sources under cut $3.7 billion out of that. and 2005 through 2013, with the Senate the Committee on Ways and Means ju- Finally, in the same vein, is agri- amendment thereto, disagree to the risdiction: Medicare or programs for culture. The budget, as it now stands, Senate amendment, and agree to a con- the poor, the earned income tax credit, requires the Committee on Agriculture ference asked by the Senate on the dis- temporary assistance to needy fami- to cut $18.6 billion of direct spending agreeing votes of the two Houses. lies, or supplemental security income. over the next 10 years, but as in all of The SPEAKER pro tempore. Is there It will have to come out of these pro- the other cases, it fails to mention objection to the request of the gen- grams, $62 billion; and these could be which programs and fails to say how tleman from Iowa? critical cuts in critically important much. There was no objection. programs. Where does the Committee on Agri- MOTION TO INSTRUCT OFFERED BY MR. SPRATT The chairman’s amendment, the culture go? It can turn to the conserva- Mr. SPRATT. Mr. Speaker, I offer a manager’s amendment also shaved the tion reserve program, $18.6 billion, motion to instruct conferees. reconciliation directions just slightly roughly what it costs to run that pro- The Clerk read as follows: to the Committee on Energy and Com- gram for 10 years; or the Committee on Agriculture could turn to food stamps Mr. SPRATT moves that within the scope of merce from $110 billion to $107 billion. and take 12 percent out of food stamps the conference (1) the managers on the part b 1415 of the House at the conference on the dis- for the next 10 years to produce $18.6 agreeing votes of the two Houses on the Sen- But of this amount, $94 billion must billion. But do we want to take 34 mil- ate amendment to the concurrent resolution still come from Medicaid, or SCHIP, lion acres of environmentally sensitive

VerDate Jan 31 2003 02:22 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.016 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2543 land out of reserves? Do we want to cut Mr. NUSSLE. Mr. Speaker, I yield found that nearly 23 percent of the re- food stamps when unemployment is 6 myself such time as I may consume. cipients whose loans were discharged percent nationwide, in double digits in Mr. Speaker, here we are again. We due to disability claims were gainfully places like my district? are on the floor discussing the fact employed. Now, think about this a sec- These are a few of the reasons, Mr. that the Federal Government does not ond. What the Democrats are coming Speaker, that we should tell the con- have even one penny of waste. Do Mem- here today and saying is, we cannot ferees and tell them emphatically to bers believe that? It is hard to believe find any waste. But the Inspector Gen- recede to the Senate and drop these that somebody would come to the floor eral who works for the Department of reconciliation directives. They should of the House, or that an entire party Education has found 23 percent of the not be in here. First of all, these cuts would come to the floor of the House claims for disability benefits for edu- are not in the President’s budget, they today and suggest that the United cation were actually employed, 23 per- are not in the Senate’s budget, and ex- States Government does not have any cent. cept for the House budget, they are not waste. Can we do anything about that? No, on anybody’s agenda. I will admit, as the gentleman from we cannot do anything about that. Second, they are wrapped up in ambi- South Carolina (Mr. SPRATT) very elo- Heaven forbid we challenge the Com- guity, written in language so evasive quently stated, that there is no way, as mittee on Education and the Workforce that no one can know where the cuts we go to the conference between the to go looking for that, so let us elimi- may fall. They were clouded further by House and Senate over the budget, that nate that instruction. Not the amount colloquies here on the House floor possibly the House-passed numbers of in the budget, not even a penny, we when we had the budget on the floor, in savings might be difficult to attain, cannot even find a penny of waste in which the chairman of the committee, and certainly might be difficult to the Education Department is what the the Committee on the Budget, assured reach a negotiation between the House Democrats are saying. chairman after chairman of commit- and Senate. Based on the data provided by the Of- tees of jurisdiction that, no, they But they come to the floor today and fice of Management and Budget, the would not have to do what the black basically say that we are going to Committee on the Budget estimates letter provisions of this resolution eliminate the instructions in order to more than $8 billion in erroneous plainly say they must do, and that is get waste and abuse in this govern- earned income tax payments are made cut Medicare, cut Medicaid and cut ment, and that none of the instruc- every year, $8 billion of checks that go veterans benefits. tions, not one of the years over the out to recipients in the United States, All, in effect, that this motion does is next 10 years can we even find a penny. $8 billion. say to the conferees, conform the budg- Is it going to be hard to find the $300 Can we do anything about that? No, et resolution to legislative history as billion? Okay, let us suggest it is. We no, we cannot do anything about that. recorded right here on the House floor made an attempt on our side in good We do not want to challenge that. That the night we had the budget up. faith to try and look at our programs is going to be real heavy lifting; we Finally, these cuts, Mr. Speaker, called entitlements, which are nothing cannot do anything about that. would be questionable at any time, but more than automatic spending, which The Office of Management and Budg- cutting veterans when we are at war has now basically engulfed the budget et estimates there are erroneous pay- and Medicaid when the States are to the tune of about 60 percent of all ments for food stamps that account for struggling just to sustain it and stu- our expenditures are automatic. We almost 9 percent, 9 percent. With al- dent loans for no good reason it is just have nothing to say about them. We most one out of every 10 people who get wrong, callous and wrong. get sent to Washington to make judg- food stamps, something was erroneous In the end, I will be frank to say that ments and choices, and those choices about those accounts and those bene- I do not think most of these cuts will were made before us, a long time before fits. Can we challenge the Committee ever come to pass, not this year, any- us, in many instances. on Agriculture to go look at that? No, way. But another huge tax cut may be As we do research on those programs, we cannot do that. Heaven forbid we passed. Its impact on the deficit may as we look and examine the programs, will come down to the floor and scream be obscured by pretending that these where we find challenges, where we that it is going to farmers, when we spending cuts will be enacted later as find waste, where we find abuse, where know full well that it is not. offsets. Most of these cuts may not be we find problems, we even hire an agen- We put in here that mismanagement enacted later for the same political cy called the General Accounting Of- of almost more than $3 billion in trust reasons, but as deficits swell, as they fice to do reports for us, and when we funds controlled by the Bureau of In- surely will if these tax cuts proposed find those, we are not to challenge our- dian Affairs led the Congress to take are passed, the cuts will come in time, selves to reform those programs. We extraordinary measures to regain con- and this budget resolution is our fore- are not to challenge ourselves to find trol of the funds because $3 billion were warning of where they will have to fall. savings in those programs. We are not being mismanaged. We can ask fairly, what would hap- to challenge ourselves to look in every Can we find that? No, do not look pen to the budget’s bottom line if these nook and cranny of the budget, or there. There is no waste over there. Do spending cuts we are calling for dele- every nook and cranny of the Federal not look over there. We cannot find tion are not enacted? The answer is Government in order, at a time of chal- any waste over there, not this year, not that these proposed spending cuts are lenge for our country, to find savings, next year, not for the next 10 years, no made necessary by the proposed tax so we can save taxpayers a little bit of waste. cuts. If we forgo the tax cuts, we can money. There is no waste in Washington, forgo the deep cuts in Medicare, Med- I do not know about the Members, that is what the Democrats are coming icaid, veterans benefits, student loans, but I just had to send in my taxes. to the floor today to tell us. We cannot agriculture, and railroad retirees. That is not a fun experience for me, do any of that, too heavy. That is too As for the bottom line, if we just and I am sure it is not for any of my heavy lifting. leave spending and revenues at current colleagues. I guarantee, Members, it is Inspector General, Personnel Man- service levels, the Congressional Budg- not for my friends back home in Iowa agement, has documented numerous in- et Office tells us the budget will be in as they go visit the tax people. stances of the government continuing balance by the year 2008. That is 4 So looking for a little bit of savings, to make electronic payments for re- years sooner and a couple of trillion looking for a little bit of waste and tirement benefits for the Civil Service less debt than this resolution promises. fraud and abuse, I thought would be a Retirement system after the person So if Members are for a budget that pretty worthy endeavor. We even put died, meaning that people who work for balances priorities as well as the bot- into our budget a couple of different our Federal Government, we give them tom line, they should vote for this mo- items that we found kind of inter- a pension, and after they die, we care tion to instruct. esting. so much about the work they did for Mr. Speaker, I reserve the balance of We said that the Inspector General the United States Government we keep my time. for the Department of Education has paying them.

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.053 H01PT1 H2544 CONGRESSIONAL RECORD — HOUSE April 1, 2003 But can we ask anybody to go look pays the Social Security money in the abuse; and that is why we are going to for that? No, we cannot do that. The first place, the people who are working. continue that job even in the face of motion to instruct says no, we are not The more people you create, the more the Democrats coming here today sug- going to do that. There is no waste in jobs you create, the more people you gesting that there is no waste in Wash- Washington. That is what the Demo- have working, the more money that ington. crats say, no waste in Washington. goes into the trust fund. And so by Mr. Speaker, I reserve the balance of Eliminate that instruction. That is too eliminating jobs by suggesting that my time. I believe the gentleman has hard. In fact, if it really gets hard, we you do not want to create these jobs at quite a bit of time remaining on his will come down here and tell people a time when our economy is struggling side for debate. that we are throwing seniors out of does the biggest disservice to the So- Mr. SPRATT. Mr. Speaker, I yield 4 nursing homes, or that we are elimi- cial Security trust fund. minutes to the gentleman from Mary- nating Medicare benefits, or that we So I would rather you come here land (Mr. HOYER), the minority whip. are going to do a disservice to vet- today and basically say that the Gen- Mr. HOYER. Mr. Speaker, I thank erans. eral Accounting Office, which does all the gentleman for yielding me time, In fact, we do such a service to vet- of these reports on the defense, food and I yield to the gentleman from erans that last year 5,500 veterans re- stamps, here is one on debt collection, South Carolina (Mr. SPRATT), the rank- ceived benefits from the Veterans Ad- here is one on the Defense Department ing member of the Committee on the ministration after they died. But can again, public housing, here is a good Budget. we go to the Veterans Administration? one on the post office, Federal loans, Mr. SPRATT. Mr. Speaker, we are as No, we cannot touch them. We do not defense again, foreign assistance, we concerned as any Member of this Con- want to do anything in that depart- have got travel cards in the Defense gress about squeezing out waste, fraud ment. That is too heavy, that is too Department and across the country or and abuse. But we sincerely doubt that hard. Let us just keep paying them, be- across the government that are being you can squeeze, ferret out $265 billion cause it is easier to send out the press abused. You do not want to do any- in waste, fraud and abuse. If you can, I release today saying, I supported the thing about that. You do not want to would say to my colleague, where has veterans, or I supported Medicare, or I do anything about waste, fraud and the Republican majority been for the supported Medicaid, or I supported abuse. That is what we are asking for. last 8 years during which you have con- farmers. And so you come down here today, and trolled the House. Instead of having I do not think Members are sup- you want to basically tie the hands of oversight, we have had overlook, if porting veterans when they pay them the conferees and say you do not want there is that much waste being accu- when they die. That does not make to instruct any of the committees to do mulated in the Federal operation at much sense. Pay them when they are this job. this time. alive, pay them for their service; there Well, we reject that. We are not Here are the cuts that are entailed by is not anybody who disagrees with going to get, we know, all of the waste, this resolution as it goes to conference: that. We all agree with that. But to say fraud and abuse in the first budget, Agriculture, $18 billion. Waste, fraud there is not at least even a penny of maybe not in the second budget. We and abuse, where is it? Education and savings over the next 10 years, I would may not get much at all, but you have the Workforce, Energy and Commerce, like Members to go home and explain got to start somewhere. And to suggest 107; most of that is Medicaid. Medicare, that to Members’ constituents in a there is not even a penny, to basically $62 billion. The total amount, $265 bil- town meeting. I want Members to ex- say eliminate it all, eliminate any at- lion. plain that they do not believe there is tempt to go find wasteful Washington If you required these reconciliation any waste in Washington, no waste at spending, to me I think is a disservice. savings to be accomplished and laid on all in Washington. And so even though this is a non- the table before you passed your budg- What we are asking our committees binding motion to instruct conferees et resolution, before you passed your to do is to go look for it and go find it. and certainly the minority has an op- tax cuts, they would have more credi- Is that going to be hard to do? Sure. portunity to come down here and make bility. But they lack credibility with Some of these are very politically sen- this motion, it really shows your cards. me because if you are going to go sitive areas, very politically sensitive, It shows that you do not really have ahead and have the tax cuts premised which is why today, for political in- a concern about some of these pro- on adopting all of these $265 billion in trigue and fodder, the Democrats grams and their usefulness, finding the savings just a few months afterwards, I rushed to the floor saying, we are sup- waste and the fraud and abuse within do not think they will ever come to porting all of these constituent groups, our Federal Government. That is what pass. and we are supporting them so much it shows to me, and I think it shows Mr. HOYER. Mr. Speaker, there is we will support them when there is that to the American people. There is not anybody in here who is not against mismanagement, when there is waste, not a person in America that does not waste, fraud and abuse. Ronald Reagan when there is fraud within the system. believe there is waste in Washington. ran in 1980, and he said he was going to We are not willing to challenge our There is not a person, certainly not a save a lot of money by eliminating committees to go and get that job person I have ever run into. I hope if waste, fraud and abuse. The Repub- done. there is somebody, you would let me licans were in charge of the Senate. The second thing they say is that, know because I have not met one yet Ronald Reagan was President of the what we are going to do about this is who does not think there is some waste United States. Not once, not ever did we are going to trim back the tax cut. in Washington. Ronald Reagan have a veto of any ap- The tax relief in the House-passed But your motion to instruct con- propriation bill overridden, not once budget estimates it will create about ferees says no there is no waste in that asked to spend more money. 1.4 million jobs. How many jobs do Washington. We do not have to do our He was in charge of the executive de- Members want to create? Obviously, work. Let us just keep this automatic partment. George Bush was in charge not 1.4 million. About half that? It is spending going right on automatically of the executive department for the 4 1.4 million jobs. Why is it that they down the line. Let us not worry about years following, for 12 years in a row. want to eliminate the opportunities it at all. Let us not create those jobs. And, Mr. NUSSLE, you know what hap- under this growth package? Let us back down the tax relief. Let us pened to waste, fraud and abuse? You not create taxpayers so we can replen- quadrupled the national debt, I say to b 1430 ish the Social Security trust fund. Let my friend who is trying to ignore me. And what is more important, going us not do that, and let us continue on You quadrupled the national debt from to your second point here about the So- business as usual in Washington. $985 billion to $4 trillion. Why did Mr. cial Security trust fund, is that the Well, we do not want to do that. We Reagan and Mr. Bush not eliminate best way to create money in the Social want to make sure that the conferees, waste, fraud and abuse? Security trust fund is to create work- I hope to be one of them, of course, And then what happened? Bill Clin- ers. That is who pays the bills, who continues to work for waste, fraud and ton came to town, elected President of

VerDate Jan 31 2003 01:40 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.055 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2545 the United States, and what happened To fool them into believing that our nation— Mr. DELAY. So from what the chair- in those 8 years? For 8 years in a row which is now prosecuting a war of unknown man is saying, Mr. Speaker, is that the the deficit came down, for 4 years; and duration and undetermined costs—really can Democrats of this House are suggesting then the surplus started going up until afford the President’s $1.4 trillion tax plan. that the tax number be $514 billion. I 2001. We had 4 years of surpluses for the And, to fool them into believing that the might be able to take that, Mr. Chair- first time in 80 years. And then what Members who sit on the Republican side of man. I am a little concerned that in happened? President Bush came to of- the aisle really have the courage of their con- the motion to instruct to continue fice. Mr. NUSSLE became the chairman victions. spending, and I know that the minority of the Committee on the Budget, and Let me ask you: will you really vote to cut loves to spend and they want to con- we have reescalated the debt. Medicaid funding and the Children’s Health In- tinue to spend; and we tried to as we This budget proposes the largest debt surance Program by $94 billion? pointed out in the House budget, that in the history of this country. This Will you really vote to cut school lunches for it was important not only to get the budget is an April fool, a cruel hoax poor children and student loans by $9.4 bil- economy going again but also to show and joke on the American public. And lion? some fiscal restraint in the way the what does the chairman of the Com- Will you really vote to cut railroad retirees’ Federal Government spends money mittee on the Budget do? He brings pensions and Agriculture programs such as around here, and we wanted to go after these little blue books. They are im- Food Stamps and Farm Support Payments? waste, fraud and abuse and efficiencies portant books. The question I wanted And, with our brave armed forces now on and reforms, not cutting programs, but to ask you, Mr. NUSSLE, and just an an- the field of battle risking their lives to defend trying to squeeze out, out of this bu- swer, is I am sure your committee staff freedom and combat tyranny, will you really reaucracy in Washington, D.C. the kind has added up how would the savings if vote to cut veterans’ benefits by $14.6 billion? of savings we could find, anywhere we every piece of waste in those blue Some of you actually might. could find them, so that we could show books was effected would it provide us. But we all know that most of you have ab- some spending restraint and at the solutely no intention of walking the plank and How much, Mr. NUSSLE? same time have an economic growth Would it provide the 18 billion you voting for legislation that would implement package. want to take away from farmers who these draconian funding cuts. So if the minority is suggesting that Thus, today, we’re engaged in nothing more are attacked by drought? Would it take we go to conference and we go to con- than a cynical charade. away the money that you are going to ference with a number that seems to You get to pretend that you’re for balanced reduce school lunches by? Student me to be a floor on the tax bill of $514 budgets and enormous tax cuts, too. loans by? Would it provide for the Med- billion, having faced in conference that That’s not leadership. That’s a conscious the House has a number of 726 and the icaid that you want the Committee on evasion of the responsibility to level with the Energy and Commerce to cut? Would it Senate has a number of 350 billion, I American people—to tell them that we cannot might take that. I might take that provide for the Medicare that your own afford everything—and a deliberate decision to committee has jurisdiction over? right now. I think we could do some pass the costs of this reckless tax plan onto really good stimulative effect with $514 Now, Mr. NUSSLE, it is April Fool’s the next generation. billion. We could go in there and make Day but do not take us for fools, be- I urge all of my colleagues—including those cause with all due respect, you offered sure that the accelerated experiencing on the Republican side of the aisle who are for small business people to be able to a budget last year. Now you com- still nursing sore arms after the vote on the plained it did not pass, but in years go out and buy equipment and start budget resolution two weeks ago—to vote for people making equipment would be past we have deemed adopted the the Spratt motion to instruct. there. We might be able to do some- House-passed budget and passed bills. That motion—which instructs conferees to Again, the chairman of the Com- thing on capital gains. We all know reject these proposed and clearly unpassable through history that lowering capital mittee on the Budget ignores me. It is and untenable funding cuts—is an honest one a shame because, my friends, 11 of the gains rates always stimulates the econ- and based in reality. omy and provides for long-term appropriations bills did not pass this Everyone of us knows that this GOP budget growth. And frankly, at 514 billion we House last year. Why? Because they is not. could probably fool around a little bit could not get them within the budget. Mr. NUSSLE. Mr. Speaker, I yield 5 with the double taxation dividends and The budget that Mr. NUSSLE offered is minutes to the gentleman from Texas even get something like that in there. not a real document. It is an April (Mr. DELAY), the majority leader. So I just might vote for this. I am fool’s joke. It will never be adopted. Mr. DELAY. Mr. Speaker, I thank the going to look at it a little closer, but I Never. And, Mr. NUSSLE, I believe you gentleman for yielding me time. just might vote for this motion to in- know it. I believe you know that the Mr. Speaker, I was watching this de- struct because I for the first time am document that you have provided is bate, and I was very intrigued by the noticing that the Democrats are sug- unsustainable politically because the Democrat’s motion to instruct. And as gesting that we have a $514 billion tax American public will reject it out of I look at this motion to instruct and I relief package, and I think we could do hand because they do not believe that want to yield to the chairman of the a lot with that. that railroad retirement and people Committee on the Budget to answer, if Mr. NUSSLE. Mr. Speaker, will the who work hard for their retirement he sees this as what I see this. This gentleman yield? should be cut. They do not believe that looks like to me that the Democrats Mr. DELAY. I yield to the gentleman Social Security should be cut. They do are suggesting that we have attacked from Iowa. not believe that Medicaid should be an economic growth package that sets Mr. NUSSLE. Mr. Speaker, I want to cut. They do not believe that Medicare out a number of about $514 billion. Is make sure I understand what you are should be cut. that correct, Mr. Chairman? saying because I certainly want to de- The motion to instruct will make it Mr. NUSSLE. Mr. Speaker, will the fend the budget that I helped pass. a real budget and turn an April fool’s gentleman yield? While this technically is a nonbinding joke into a real document for America. Mr. DELAY. I yield to the gentleman motion, I want to understand what we Mr. Speaker, it is indeed fitting that on this, from Iowa. are suggesting here. April Fool’s Day, we’re voting on this motion to Mr. NUSSLE. Mr. Speaker, the gen- The Democrats are coming here and instruct on the House GOP’s phony and fool- tleman from Texas (Mr. DELAY) is cor- basically suggesting that even though hardy budget. rect. If you take the tax number in the we do not want to reduce the tax num- Why? bill in the resolution at 726 and what ber, that they would be willing to go to Because the fact of the matter is: This GOP the gentleman from South Carolina’s $514 billion. I do not like that number. budget is a dishonest document designed (Mr. SPRATT) motion to instruct con- I would rather stay at 726. I met very solely to fool the American people. ferees backs out, which is $212 billion briefly with the chairman of the Sen- To fool them into believing that this Repub- of what they say, you know, there is no ate budget committee today, and I told lican Party really does care about balancing waste in Washington, yes, you would him that is what I am still interested the budget, controlling deficits and reducing arrive at a tax number of about $514 in doing. But if we can get some agree- debt. billion. ment here, if the Democrats are willing

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.057 H01PT1 H2546 CONGRESSIONAL RECORD — HOUSE April 1, 2003 to come to the floor today and support First of all, as to the tax cut level erans. We are cutting health care bene- a number in the tax bill of $514 billion, sought by the resolution that is now fits to today’s veterans, wheelchair at least that would be a more positive going to conference, this resolution has bound, frail, elderly. Promises made signal than what came out of the Sen- two different provisions with respect to should be promises kept. ate. tax cuts. We need to reflect America’s values So I still believe there is waste in First, they say, reconcile the passage in our budget, in our budget resolution, Washington. I hate the first instruc- by a date certain of the President’s re- and we need to support the Democratic tion in here that says that over the quest for $726 billion of additional tax motion to instruct conferees so that we next 10 years we cannot even find a cuts. Second, in their revenue assump- can do that. penny of waste, is what the Democrats tions and elsewhere, they assume that Mr. NUSSLE. Mr. Speaker, I reserve said, not a penny. Nowhere is there we will pass and permanently enact the the balance of our time on this motion waste in Washington. I hate that in- tax cuts that were enacted by the to instruct conferees on a $514 billion struction. Of all of the instructions, House in June of 2001. When we add tax cut. that is the one that probably turns my those two together, the total amount Mr. SPRATT. Mr. Speaker, once again, I yield myself 30 seconds just to stomach more than any of them. But if of tax reduction called for by this reso- make it clear. the majority leader is interested in lution is $1.35 trillion, not $726 billion. this, I certainly would be willing to We do not propose and would not That should be made clear. have our motion construed to say that consider agreeing to the motion and Secondly, we have proposed tax cuts. we are adopting a $514 billion tax cut urging my colleagues on both sides of We would like to have some tax cuts to the aisle to agree to a number of about or any level of tax reduction. We are go to the pockets and hands of people saying that the tax cut ought to be ad- $514 billion. who are likely to spend it and give this Certainly at a time when Americans justed accordingly after restoring these economy a boost. On January 6, we pro- entitlement cuts that we have proposed across the country are looking to get posed just such a rebate, along with back to work and we are looking to try in the motion to recommit. some business tax cuts, accelerated ap- Mr. Speaker, I yield 2 minutes to the and create jobs, a tax number of $514 preciation, immediate expensing in gentleman from North Dakota (Mr. billion is certainly, probably a good order to give this economy a kick. POMEROY). day’s work. So I appreciate the gen- Thirdly, let me say with respect to Mr. POMEROY. Mr. Speaker, I thank tleman analyzing the amendment and these spending levels, Agriculture, the gentleman for yielding me the coming to that very interesting conclu- Education, Energy and Commerce, time. sion. which is Medicaid, Transportation, We are watching quite a performance You know what will be interesting Veterans Affairs, Ways and Means, on the other side this afternoon. First, now, to see whether or not the Demo- which is Medicare, as with respect to we had the Budget chairman trying to crats even support their own motion. all of those, Mr. Speaker, we simply explain away the vicious cuts they b 1445 seek to restore the level of spending in have made to programs as vital as vet- I have a suspicion that the Demo- these programs to the level sought by erans services. Imagine that, passing a crats do not even support $514 billion. the President for the veterans and for budget that cuts veterans services, Mr. DELAY. Mr. Speaker, reclaiming Medicare beneficiaries. right in the middle of the Iraq war. It my time, obviously we are going to Mr. Speaker, I yield 2 minutes to the was unconscionable and unthinkable. have to give them the opportunity to gentlewoman from California (Mrs. Small wonder he tried to talk all express themselves, but the chairman CAPPS). around what they have done without knows that I want to restrain spending, Mrs. CAPPS. Mr. Speaker, I thank ever really owning up to what is the too, and I want to find that waste, my distinguished ranking member for issue before us. Then the majority leader comes to fraud and abuse myself. Just because yielding me the time, and Mr. Speaker, the floor. He tries to totally redefine we have a motion to instruct that says I rise to support the Democratic mo- the motion that is advanced and before we want to do that does not mean the tion to instruct conferees so that we us. It looked a little to me like they chairman has to negotiate that way on can fix the budget so narrowly passed by the House of Representatives, a Fed- are waving the white flag, that they do that particular portion. not have the votes to beat this motion But to have the Democrats support a eral budget that is supposed to reflect because who, in the light of day, can $514 billion tax cut, I think that our values and our priorities, but this vote for the cuts to veterans services, strengthens us in conference because House budget resolution does not do that and so we need to change it. to Medicare, to Medicaid and to our all throughout the debate, all I heard Nation’s farmers in the agricultural ac- is, they did not want any of it, they The Republican budget resolution embraces the administration’s irre- count. wanted to spend it all. In fact, in their There was no other budget advanced, sponsible tax cut package at the ex- proposal, they wanted to raise taxes in not the administration’s, not the Re- pense of our Nation’s health care order to bring down the deficit, which publican-controlled Senate’s, that had needs. This is part of our national secu- I think is a flawed way to go, because this measure of cuts. It was a phe- we have seen in the past that when we rity, our health care security, and de- nomenon of the House Committee on raise taxes and keep spending, the defi- spite the protests of many Members of the Budget, led by the chairman and cits keep going. this Chamber, the majority resolution endorsed by majority leadership. The point is, now we have a revela- still requires Medicare and Medicaid to I view always as one of the darker tion here where the Democrats want be cut, Medicaid to be cut by $93 bil- moments of my time in the House the $514 billion. We could do that and we lion, and the appropriating committees vote to support our troops taken at 2:30 can still fight, or the chairman could are charged to either cut Medicare by in the morning followed by, 15 minutes fight in the conference committee for almost $200 billion or to shortchange later, the passage of the budget which those spending restraints that we all an already weak prescription drug cov- cut the funding of veterans services. want and come out of conference with erage benefit. Terrible choices. Frankly, it was a high water of hypoc- a $514 billion tax number and still have These cuts endanger health care for risy in a Chamber that sees a good bit the spending. almost 90 million Americans, among of hypocrisy. I think the Democrats may have them the most vulnerable members of We have got to reject these cuts, and something, and I am going to think our society. This is unconscionable. this is what this motion before us does real hard about this. This does not reflect American values. today. Reject the cuts to veterans serv- Mr. NUSSLE. Mr. Speaker, I reserve As we move toward conference, we ices. Reject the cuts to agriculture. Re- the balance of my time. need to eliminate these terrible cuts, ject the cuts to education. Reject the Mr. SPRATT. Mr. Speaker, I yield and among them, these health care cuts to Medicare. That is the issue be- myself 11⁄2 minutes to make a few cuts include cuts to our veterans, even fore us, and I will be very pleased if we things clear before I yield to the gen- as we are sending our young men and can have a strong bipartisan vote over- tlewoman from California (Mrs. women off to war, and they will one turning the really ill-advised direction CAPPS). day come back to be our Nation’s vet- the House budget would take us down.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.058 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2547 Let us have a bipartisan vote on the Our schools are in dire straits right in 1 year we are back to worse than motion to instruct. now. I do not know about the rest of where we were. I would point out that Mr. NUSSLE. Mr. Speaker, I reserve my colleagues, but I know Oregon this chart was done before the supple- the balance of our time on the Demo- schools are. I visited a lot of schools mental war budget, which has no way crat motion to cut taxes by $514 bil- throughout my district and the State, to pay for itself, so the red ink would lion. and there are schools that are literally go even $70 billion further down than The SPEAKER pro tempore (Mr. falling down. Teachers are using clos- this chart. ISAKSON). For the benefit of the gen- ets as extra classroom space. Kids are Mr. Speaker, because of the tax cuts tleman from Iowa (Mr. NUSSLE) and the sitting on heaters for lack of room. that caused this drop, we are having to gentleman from South Carolina (Mr. At a time when State budget crises do spending cuts; spending cuts like SPRATT), the gentleman from Iowa re- are forcing schools to lay off staff, in- cuts in school lunches, Pell Grants, serves the balance of his time, which is crease class sizes and cut days off the student loans, health care, and vet- 121⁄2 minutes. The gentleman from school year, the Federal Government is erans benefits. That is right, over $14 South Carolina has 12 minutes remain- once again failing to live up to its com- billion in veterans benefit cuts will be ing. mitment and fund the laws that we restored if the motion to instruct is Mr. SPRATT. Mr. Speaker, once have passed. adopted. again, I yield 30 seconds to myself to I do not understand why Congress Mr. Speaker, what are some of those say that in no way can this resolution would spend a year reforming our edu- cuts? Fraud, waste and abuse? No, they be construed to support a tax cut of cation system only to turn around and are cuts in disability compensation, $514 billion. If the gentleman wishes to fail to provide States with the money pensions, GI bill benefits, housing sub- put that construction upon it, I am needed for those reforms. We need to sidies, and burial funds. This is an un- here to say, as the author of it, it does fund the No Child Left Behind Act. We conscionable attack against our mili- not apply. We do not support such a tax need to fund the Individuals With Dis- tary personnel at a time when they are cut. We have supported tax cuts to abilities Act. Twenty-eight years ago, deployed in Iraq. boost the economy, but not the tax And Mr. Speaker, some say that we we promised we would fund 40 percent cuts that this budget resolution pro- could get this through eliminating of that program; we do not even fund poses because it would drive a deficit waste, but the President of the United half of that. To my State, it would deeper and deeper into debt. States does not need funding cuts to mean $120 million more a year. That is Mr. Speaker, I yield 3 minutes to the stop paying benefits to people that are a lot of money to our State. gentlewoman from Oregon (Ms. ineligible for benefits. This budget will We need to fund student financial HOOLEY). cut benefits for eligible veterans. Ms. HOOLEY of Oregon. Mr. Speaker, aid. Instead, this budget cuts school Now, what do some of the veterans it is interesting when we talk about lunches, student loan programs, after- groups say? Letters to the Speaker people saying they are against cutting school programs, increases class size from the American Legion, Veterans of waste, fraud and abuse. We are all for and diverts public funds to private Foreign Wars, and Disabled American doing everything we can to cut waste, schools. This is not what we need to Veterans say that ‘‘we recognize that fraud and abuse, and I would suggest to improve the education of our students. our country has serious budget prob- my colleagues on the other side that Mr. Speaker, I urge my colleagues to lems, but cutting already underfunded possibly we should look at waste, fraud vote in favor of the motion to instruct veterans programs to offset the cost of and abuse and use those dollars for tax and in favor of increasing education tax cuts is indefensible and callous.’’ cuts that we find. funding and living up to its commit- The Disabled American Veterans Again, I want to reiterate, the maker ment and living up to its promises. wrote, ‘‘Has Congress no shame? Is of this motion is not talking about tax Mr. NUSSLE. Mr. Speaker, I reserve there no honor left in the hallowed cuts. What he is talking about is re- the time on the Democrat motion to halls of our government that you storing funds to some of those pro- cut taxes by $514 billion. choose to dishonor the sacrifices of our grams that are vital to the United Mr. SPRATT. Mr. Speaker, I yield Nation’s heroes and rob our programs, States. myself 45 seconds to say the gentleman health care, and disability compensa- Here we are 2 years after Members is willfully misconstruing this resolu- tion to pay for tax cuts for the from both sides of the aisle pledged to tion, and if he will simply read his wealthy? You will be reducing benefits leave no child behind, and yet the black letter language, he will find out and services for disabled veterans at a House majority has approved budget not only do we restore $214 billion of time when thousands of our servicemen cuts of over $9 billion from Leave No programs like Medicare and Medicaid are in harm’s way fighting terrorists Child Behind. The budget passed by to be at the level the President re- around the world, and thousands more this House proposes cuts in so many quested, we also provide for the Breaux of our sons and daughters are preparing vital education programs I do not even amendment to be adopted and incor- for war against Iraq.’’ know where to begin. porated so that $396 billion can be And what do the Paralyzed Veterans After-school programs: After-school taken out of the tax cuts and assigned of America say? They say, in a letter programs have been one of those pro- to the solvency of Social Security. to the Speaker, ‘‘The House Committee grams that have done more to help That is Section 319 of the Senate budg- on the Budget proposal also calls for keep children getting into our juvenile et resolution which we are asking the cutting $15 billion over 10 years, $463 system than anything else. It has cut House to accede to. million in fiscal year 2004 alone, in VA higher education funding. It cuts Add those two together, it is about mandatory spending under the guise of teacher quality training. It cuts rural $700 billion. That is about the size of eliminating ‘fraud waste and abuse.’ education. This budget cuts money the tax cut. This is not an endorsement We do not consider payments to war- from everywhere in education. of that tax cut in any way, shape or disabled veterans, pensions for the When we passed Leave No Child Be- form. poorest disabled veterans, and GI bene- hind, we demanded more from teachers Mr. Speaker, I yield 31⁄2 minutes to fits for soldiers returning from Afghan- and students, but this budget would cut the gentleman from Virginia (Mr. istan to be fraud, waste, and abuse. billions that would help teachers and SCOTT). Fifty percent of the spending in VA en- students prepare to meet the new titlement goes to monthly payments to b 1500 tougher standards imposed by the Fed- those veterans and their survivors. The eral Government. If we are going to de- Mr. SCOTT of Virginia. I thank the House Committee on the Budget plan, mand more from our education system, gentleman for yielding me this time if approved, would force cuts in each of we need to provide schools with ade- and would just want to point out, Mr. these programs.’’ quate resources to meet those de- Speaker, this chart, which shows in Mr. Speaker, listen to our veterans, mands. We fool ourselves and cheat our stark terms what the budget deficit support our troops, and pass the mo- students when we impose higher stand- looked like over the years, until 1993, tion to instruct conferees. ards without providing the money nec- when this green box right here shows Mr. Speaker, I submit for the RECORD essary to achieve those standards. the Democratic plan to a surplus, and the letters I just referred to.

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MARCH 17, 2003. next year. It also proposes to cut $463 million PARALYZED VETERANS OF AMERICA, Hon. J. DENNIS HASTERT, from benefit programs, such as disability Washington, DC. Speaker of the House, House of Representatives, compensation, pension, vocational rehabili- Hon. J. DENNIS HASTERT, Washington, DC. tation, education and survivors’ benefits, Speaker of the House, Capitol Building, Wash- Hon. NANCY PELOSI, next year and $15 billion over the next 10 ington, DC. House Minority Leader, House of Representa- years. The budget proposal is in distinct con- DEAR MR. SPEAKER: On behalf of the mem- tives, Washington, DC. tract to the recommendations made by the bers of Paralyzed Veterans of America (PVA) DEAR MR. SPEAKER AND REPRESENTATIVE Committee on Veterans’ Affairs to increase I am writing to express our profound objec- tion to the provisions contained in the FY PELOSI: As so many of our nation’s finest discretionary programs, such as veterans men and women are poised for possible war health care, by $3 billion to help ensure that 2004 Budget Resolution as approved by the in the Persian Gulf region, fighting a global our nation’s sick and disabled veterans can House Committee on the Budget that would cut veterans health care and benefit pro- war on terror and defending our ideals at be cared for properly. home and abroad, Congress is considering grams by nearly $25 billion. The proposal, if Mr. Speaker, you are personally aware of budget cuts that would deny sick and dis- implemented, would have a shocking effect the crisis in veterans health care and the ur- on VA health care services and would be an abled veterans much-needed medical care gent need to adequately fund the Depart- affront to millions of veterans facing reduc- and other earned benefits. ment of Veterans Affairs (VA) health care tions in their health care, compensation, The House budget resolution proposes re- system. If you, in your leadership role in the pension and education benefits. ducing both mandatory and discretionary The FY 2004 budget proposed by the Ad- spending for veterans programs and services House, allow this budget proposal to pass the House without exempting VA programs from ministration is already inadequate to meet by $15 billion over the next 10 years. Espe- the health care needs of veterans. The pro- cially appalling is a proposed 1 percent cut in the massive cuts, it could mean the loss of 19,000 nurses, equating to the loss of 6.6 mil- posal, approximately $1.3 billion above the mandatory spending, including veterans dis- FY 2003 appropriation, would not even cover ability compensation and pensions, which is lion outpatient visits or more than three- quarters of a million hospital bed days. But inflationary impact and anticipated salary the main source of income for many vet- increases for VA health care workers. That erans. that is not all of the devastation that will be caused by the proposed cuts. You will be budget proposal already relies too much on We point out that the monthly compensa- unrealistic management efficiencies, in- reaching into the pockets of our nation’s tion for 3.3 million veterans and survivors in- creased copayments, a new annual enroll- service-connected veterans, including com- creased just 1.4% this year. That is the ment tax on certain veterans using the VA bat disabled veterans, and robbing them and smallest cost-of-living adjustment in three health care system and other ‘‘efficiencies’’ their survivors of a portion of their com- years. Now, with soaring energy costs driv- such as eliminating 5,000 VA nursing home ing up prices for other goods and services, it pensation. Ninety percent of VA’s manda- beds. If the House Budget Committee plan is is callous and indefensible to propose slash- tory spending is from cash payments to serv- approved, Congress would have to vote to ing these benefits. ice-connected disabled veterans, low-income further block health care eligibility for hun- We recognize that our country has serious wartime veterans, and their survivors. dreds of thousands currently eligible vet- budget problems, but cutting already under As hundreds of thousands of America’s erans, and drastically increase waiting times funded veterans’ programs to offset the costs brave young men and women await the un- for health care and benefits adjudication. A of tax cuts is indefensible and callous. certainties brought on by war, including the cut of this size would force the House of Rep- Congress must rethink drastic cuts in ben- potential of biological and chemical attacks resentatives to vote for a budget that would efits and services for disabled veterans at a at the hand of a fanatical tyrant, they call for a loss of 9,000 VA physicians equating time when we have thousands of our service should not have to also be concerned about to a loss of nearly 900,000 days of hospital members in harm’s way fighting terrorism the discouraging possibilities of a Depart- care. around the world and when we are sending ment of Veterans Affairs that cannot provide The House Budget Committee proposal thousands more of our sons and daughters to either the necessary services or benefits they also calls for cutting $15 billion over ten fight a war against Iraq. have earned and might need. Nor should years, $463 million in FY 2004 alone, in VA RONALD F. CONLEY, World War II veterans, the ‘‘Greatest Gen- mandatory spending under the guise of National Commander, eration,’’ now in their twilight years, who eliminating ‘‘fraud, waste and abuse.’’ We do The American Le- are directly responsible for the freedom and not consider payments to war-disabled vet- gion. prosperity of our nation, be forced out of a erans pensions for the poorest disabled vet- RAY C. SISK, system designed specifically to provide for erans and G.I. Bill benefits for soldiers re- Commander in Chief, their needs. turning from Afghanistan to be ‘‘fraud, Veterans of Foreign waste and abuse.’’ Ninety percent of the Wars. All eyes will be on the critical action of spending for VA entitlements goes in month- EDWARD R. HEATH, SR., the House this week as you vote on the budg- ly payments to these veterans and their sur- National Commander, et. With America’s sons and daughters pre- vivors. The House Budget Committee plan, if Disabled American pared to do battle with the enemies of our approved, would force cuts in each of these Veterans. country, and our veterans locked in battles programs. over the crisis in VA health care and drastic Mr. Speaker, budget resolutions set spend- DISABLED AMERICAN VETERANS, cuts to our programs, the American public ing priorities. We find it hard to fathom that March 17, 2003. will want to know whether our government veterans would not be a priority to the Budg- Hon. J. DENNIS HASTERT, will honor its commitment to our veterans et Committee, or the leadership of the House Speaker of the House, House of Representatives, and to their children—our future veteans— of Representatives. We know that forcing Washington, DC. serving in harm’s way. spending cuts on veterans in order to pay for DEAR MR. SPEAKER: I write today on behalf There is no question that the vote on the other priorities, such as large tax cuts, of the 2.3 million disabled veterans, includ- proposed budget is an important vote, one would not be the priority of the American ing the more than 1.2 million members of the that will set the tone for the remainder of people. Hundreds of thousands of this coun- try’s men and women in the Armed Forces Disabled American Veterans (DAV), to com- this Congress, and likely the next Congress. municate our deep-seated outrage regarding are poised to invade the country of Iraq in the fiscal year 2004 budget adopted by the Mr. Speaker, this budget dishonors the defense of the United States. In defense of House Budget Committee, which would cut service of millions of service-connected dis- them and their best interest, we must veterans programs by more than $15 billion abled veterans, including combat disabled strongly object to this Budget Resolution in during the next 10 years. veterans, and seriously erodes the nation’s its entirety if the magnitude of these cuts in Has Congress no shame? Is there no honor commitment to care for its defenders. If this veterans benefits and services is sustained in left in the hallowed halls of our government budget resolution retains provisions to cut any fashion. The vote on this budget resolu- that you choose to dishonor the sacrifices of veteran’s programs, I will use all the re- tion will be closely watched by our members our nation’s heroes and rob our programs— sources at my disposal to take our case to and all veterans. health care and disability compensation—to the American people and call upon members Sincerely, pay for tax cuts for the wealthy? You will be of Congress to oppose and vote against the JOSEPH L. FOX, Sr., reducing benefits and services for disabled budget resolution. I urge you to reconsider National President. veterans at a time when thousands of our the inequitable and ill-advised course pro- Mr. NUSSLE. Mr. Speaker, I yield 4 servicemembers are in harm’s way fighting posed in the Committee’s partisan budget minutes to the gentleman from Cali- terrorists around the world and thousands proposal. I look to you, in your leadership fornia (Mr. THOMAS), the very distin- more of our sons and daughters are preparing position, to ensure that this Congress honors for war against Iraq. our government’s commitment to its vet- guished chairman of the Committee on The budget adopted by the Committee, on erans. Ways and Means. a nearly party-line vote, would reduce fund- Sincerely, Mr. THOMAS. Mr. Speaker, I thank ing for veterans health care by $844 million EDWARD R. HEATH, Sr, the gentleman for yielding me this below the President’s recommendation for National Commander. time, and I rise in part because I have

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.033 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2549 just now read the motion to instruct submitted to extend the solvency of You have to read it. You wrote it; conferees. The ranking member on the the Social Security trust funds, the you read it. I do not like it, because, Committee on the Budget had indi- chairman of the sitting Committee on quite honestly, I think our budget was cated that perhaps there were some the Budget may revise the aggregates, better. But if the other side is going to misrepresentations by a description of the functional totals, the allocations instruct us, at least know what you are what some of the black letter language and limits by up to $396 billion in budg- instructing us. You are instructing us was. If the gentleman would be willing et authority. to freeze on spending at 2003 levels, and to respond to some questions that I Mr. THOMAS. In other words, Mr. you are saying cut taxes by at least have, it might assist us in under- Speaker, this is an attempt to create a $1.1 trillion. That is what the letter of standing, or at least it will assist this lockbox to preserve Social Security. the law in the instruction says. gentleman from California in under- And then, no matter how much the Mr. Speaker, I reserve the balance of standing. gentleman may not like the expla- my time. When, for example, on page 5 the gen- nation, when we read the black letter Mr. SPRATT. Mr. Speaker, I believe tleman indicates that we be instructed language, what it says is that instead we have the right to close. to eliminate the reconciliation instruc- of a $1.3 billion reduction in taxes, The SPEAKER pro tempore (Mr. tion, that means to remove the 1 per- there will be a $1.1 billion reduction in LATOURETTE). That is correct. cent across-the-board cut; is that cor- taxes, and it in no way addresses the Mr. SPRATT. Mr. Speaker, I reserve rect? $726 billion amount that was included the balance of my time. Mr. SPRATT. Mr. Speaker, will the in the House budget resolution. Mr. NUSSLE. Mr. Speaker, I yield 3 gentleman yield? That is not discussed, nor is it al- minutes to the gentleman from Con- Mr. THOMAS. I yield to the gen- tered by this motion to instruct. There necticut (Mr. SHAYS), the vice chair- tleman from South Carolina. may be an attempt through language man of the Committee on the Budget. Mr. SPRATT. Mr. Speaker, it means on the floor to convey that that is the Mr. SHAYS. Mr. Speaker, I did not it is to remove, in the case of agri- intent; but as the gentleman requested, think that the last speaker, a colleague culture, a reduction of $18 billion. if we read the black letter language in who used to be for controlling the Mr. THOMAS. That is 1 percent front of us, the $726 billion budget cut growth in spending, would be advo- across the board. for taxes is retained. It is a removal of cating spending so much. Mr. SPRATT. If the gentleman would the 1 percent cut across the board, and When we were in the Committee on be so kind as to let me finish answering it is to create a Social Security the Budget voting out this bill, my his question. lockbox. That is what they are at- Democratic colleagues came out with a Mr. THOMAS. Reclaiming my time, tempting to do. total of $982 billion of new spending Mr. Speaker, if we are going to go Mr. SPRATT. Mr. Speaker, I yield over the next 10 years. That is far more through each of the committees, that myself 1 minute to correct the gross than the amount of the tax cut. It misstatement the gentleman just made will eat up my entire time. would not have helped reduce the def- The instruction was a 1 percent. as to the construction of this motion. icit. It was simply more government If he will read on, the last sentence Mr. SPRATT. We are seeking to re- spending. says, ‘‘and that such managers be in- store to the level the President re- Only in Washington when we spend structed to address the revenue levels quested Medicare, Medicaid, education. more money do people call it a cut. The by the amounts needed.’’ ‘‘To adjust Mr. THOMAS. Reclaiming my time, total budget is going to go up 3 per- the revenue levels by the amounts it does not say restore to. Reading the cent. Medicare is going to go up 7.9 per- needed to offset the cost of the instruc- black letters in front of me, it does not cent. Veterans spending is going to go tions in paragraphs 1.’’ Those are the say restore to the President’s request. up 6.9 percent, but they called it a cut. entitlement reclamations. ‘‘The res- They call a $3.97 billion increase a cut It says eliminate the reconciliation in- toration of the entitlement expendi- when it is actually an increase of 6.9 struction, not restore to the Presi- tures.’’ And two, that is the Breaux re- percent. dent’s request. serve fund. To adjust the levels of reve- I believe that during the time I was So it is clear, then, it is the removal nues in this resolution. of the 1 percent no matter what they Mr. Speaker, I yield 30 seconds to the on the Committee on the Budget we may say they mean based upon that gentleman from North Dakota (Mr. had some clear delineation. We wanted language. POMEROY). to cut taxes. Our Democratic col- Then when we drop down further and Mr. POMEROY. Mr. Speaker, this is leagues did not want a cut in taxes; the gentleman talks about the man- a most extraordinary debate. Where I they wanted to spend more. We never agers receding to the Senate on section come from they mean what they say had a debate with President Clinton in 319. It was described, I understand, as and they say what they mean. which he thought we were spending too the Breaux amendment. The Breaux Let us look at this debate. In the much. It was always that we needed to amendment is in two sections. One sec- first 10 minutes, the chairman of the spend more, and that is the dialogue tion is to cut by $396 billion, the other Committee on the Budget talks against that is happening now. Then some of is to create a reserve fund to strength- the resolution. He is surprised by the my conservative colleagues on the en Social Security. majority leader, who comes to the floor other side of the aisle are saying they My assumption is that when the gen- and says, you know, I think we can go cannot, in some areas, have a 1 percent tleman refers to 319, not tying it to the for this, even while the chairman of the cut in the budget for 1 year and then money number that was included in Committee on Ways and Means tries to allow it to go back on its trail of new the Breaux amendment, he is referring parse the language. spending. only to the creation of a reserve fund It is quite clear they are a little un- I was proud of what the Committee or a lockbox for Social Security; is certain of what to do. What is this all on the Budget did. I would have liked that correct? about? It is because cuts to veterans for us to stay on that issue. I would Mr. SPRATT. In the amount of $396 services do not stand the light of day. have liked for us, for 1 year, to take a billion, which would be deducted from And this is not 2:30 in the morning. deep breath and show at least some of the gentleman’s tax cut. We would in- This is in the afternoon, with America what local communities are doing, stead invest it in the insolvency of So- watching and our country at war. So it where Governor Richardson in New cial Security. is time we pass this resolution and re- Mexico is cutting spending and cutting Mr. THOMAS. Does that language in- ject the cuts to veterans services con- taxes. He happens to be a Democrat clude the $396 billion which was in- tained in the majority budget. doing what Republicans usually do. cluded in the Breaux amendment? Mr. NUSSLE. Mr. Speaker, I yield In my judgment, we should control Mr. SPRATT. If the gentleman will myself 30 seconds to say, no, that is not the growth of spending, take a breath continue to yield, section 319 reads, ‘‘If what it says. It says cut taxes $1.1 bil- for a year, cut taxes and grow this legislation is reported by the Senate lion and freeze veterans benefits. That economy. But instead, what we are see- Committee on Finance, or if an amend- is what the other side’s motion to in- ing once again are my Democratic col- ment is offered or conference report is struct says. leagues saying we are not spending

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.063 H01PT1 H2550 CONGRESSIONAL RECORD — HOUSE April 1, 2003 enough. We need to spend more and those that served before them, our vet- are debating a motion to instruct con- more and more. I think we need to do erans. ferees. what they are doing on the State and Mr. Speaker, this motion to recom- I have to admit to the gentleman local levels: suck it in a little bit, con- mit is that opportunity. Try telling from South Carolina I did misread this. trol, and spend 1 percent less on non- them that they are part of waste, fraud I thought he was eliminating all the defense, non-homeland security and get and abuse. The other side had 8 years cuts, 1 percent across the board. In- our country’s financial house in order. of Republican control to root out that deed, what he is doing is freezing. I am That is what I believe we should be waste, fraud and abuse, and Repub- willing to accept that. I will take a doing. licans did nothing. Do not do it on the freeze over the cut. It is still spending Whether or not my colleague on the backs of veterans today. Vote for the restraint, and I will do that. other side of the aisle is supporting a motion to recommit. Secondly, in the provision, the gen- $514 billion tax cut or a $700 billion- Mr. Speaker, I thank the distinguished gen- tleman is right. I thought it was $212 plus tax cut, the bottom line is we need tleman for not only yielding time, but for offer- billion out of the $726 billion tax relief, a tax cut to grow this economy. This ing this most important motion to instruct con- but as I read it and analyze it, it is $212 side of the aisle is not going to be like ferees on the Fiscal Year 2004 Budget Reso- billion from $1.4 trillion that is in the President Hoover. We need to move lution. budget. So we lower the tax number this economy forward. That is abso- What message is the Republican Majority down to $1.2 trillion, more than enough lutely essential. sending our brave men and women fighting in to accommodate the President’s eco- Mr. SPRATT. Mr. Speaker, how Iraq even as we speak, when it cuts 14.6 bil- nomic growth package. I am going to much time remains on this side? lion dollars in Veterans’ Benefits in the Budget support this motion to instruct, and I The SPEAKER pro tempore. The gen- Resolution? ask the gentleman from South Caro- tleman from Iowa (Mr. NUSSLE) has 5 Cuts to health care and disability compensa- lina (Mr. SPRATT) in the interest of bi- minutes remaining, and the gentleman tion, even as hundreds of thousands of men partisanship, I am willing to work with from South Carolina (Mr. SPRATT) has and women are deployed in the Middle East, the gentleman on this motion to in- 31⁄4 minutes remaining. risking their lives for freedom and democracy? struct and ask the gentleman if he is Mr. SPRATT. Mr. Speaker, I yield 2 Cuts to health care and disability compensa- going to call a voice vote on the mo- minutes to the gentleman from New tion, even as dozens of our wounded troops tion. Jersey (Mr. MENENDEZ), the chairman are airlifted back to hospitals in Germany and Mr. SPRATT. Mr. Speaker, will the of our caucus. the United States? gentleman yield? Mr. MENENDEZ. Mr. Speaker, today The Republican Budget’s message is clear: Mr. DELAY. I yield to the gentleman must be April Fool’s Day, because what Fight for us today, but we can’t make any from South Carolina. I hear in this debate is our Republican promises for tomorrow. Mr. SPRATT. Mr. Speaker, I intend colleagues renouncing their budget And that’s exactly what their budget does— to ask for a recorded vote. and, in essence, accepting ours. in fact, the Disabled American Veterans de- Mr. DELAY. Then it is obvious this is This motion to recommit is about scribed the House Republican approach in the nothing but a political operation. If the values. Mr. Speaker, what message is following terms: gentleman calls for a recorded vote on the Republican majority sending our ‘‘Has the Congress no shame? Is there no this, it is all politics on the other side. brave men and women fighting in Iraq honor left in the hallowed halls of our govern- The problem is, they so poorly wrote even as we speak when it cuts $14.6 bil- ment that you choose to dishonor the sac- this that now the Democrats are going lion in veterans benefits in the budget rifices of our nation’s heroes and rob our pro- to support freezing the budget to 2003 resolution; when it cuts the health care grams . . . to pay for tax cuts for the wealthy?’’ levels of all these committees, and give and disability compensation even as It is a real shame. Our men and women in us enough of a tax number to accom- hundreds of thousands of men and uniform are fighting in Iraq or are about to be modate the President’s package. women are deployed in the Middle East shipped out to the Middle East, and Repub- I am all for it, and I am going to vote risking their lives for America, even as licans are suggesting cutting benefits many of with the gentleman. dozens of our wounded troops are air- these young men and women may depend on Mr. SPRATT. Mr. Speaker, I yield 1 lifted back to hospitals in Germany upon their return. minute to the gentlewoman from Cali- and the United States? This weekend I was fortunate enough to fornia (Ms. PELOSI). The Republican value is very clear, visit 7,000 troops at Fort Dix in New Jersey; Ms. PELOSI. Mr. Speaker, I thank as is their message: fight for us today, 7,000 men and women; 7,000 sons and the gentleman for yielding me this but we cannot make any promises to daughters, mothers and fathers, about to be time and I thank him for his tremen- you about tomorrow. And that is ex- deployed to Iraq. dous leadership once again in putting actly what their budget does. In fact, They were unanimous in their dedication forth a proposal that reflects the val- the Disabled American Veterans de- and selflessness—they told me that, no matter ues of our country. Even the gentleman scribed the House Republican approach what their personal views may be on this war, from Texas (Mr. DELAY), the majority in the following terms by asking, ‘‘Has they will fight honorably and will make us leader, has to admit the gentleman is the Congress no shame’’? proud. right on his motion to instruct. I wish the Republican Leadership had even Mr. Speaker, I rise in strong support 1515 b an iota of their bravery, selflessness and dedi- of this motion to instruct the budget Mr. Speaker, Republicans choose to cation. But instead, it turns its back on these resolution conferees to reject some of dishonor the sacrifices of our Nation’s troops, their families, our communities, and, the most harmful cuts in the Repub- heroes and rob our programs to pay for worst of all, our veterans. lican budget. tax cuts for the wealthy, and it is a Soldiers don’t pick the battle. They don’t Mr. Speaker, the Federal budget real shame. These young men and pick the place. They don’t pick the time. they should be a statement of our shared na- women may well depend upon the bene- just respond to the call, and we should re- tional values. We should allocate our fits they are seeking to cut. spond to the call by rallying behind them, and resources to those proposals and initia- This weekend, I was fortunate those that served before them, our veterans. tives that are important to our coun- enough to visit 7,000 troops at Fort Dix, Mr. Speaker, I believe all of us who say we try. The budget passed by the Repub- New Jersey, 7,000 men and women, 7,000 support our troops and veterans should be on licans in the House certainly does not sons and daughters, 7,000 mothers and this floor supporting this motion when the time meet that standard. I am not even sure fathers about to be deployed to Iraq. comes. I urge my colleagues to vote for the they understand what they passed in They were unanimous in their dedica- gentleman’s motion to instruct. the House. tion and selflessness, and they are Mr. NUSSLE. Mr. Speaker, I yield 1 But what we do know is that when ready to perform and perform proudly. minute to the gentleman from Texas the President sent his budget to Con- But soldiers do not pick the battle or (Mr. DELAY). gress, we thought we had seen the the place or the time. They just re- Mr. DELAY. Mr. Speaker, the pre- worst of it. The Bush budget short- spond to the call. We should respond to vious speaker should have saved that changes veterans, seniors, children and the call by rallying behind them and debate for the debate on the budget. We the environment to pay for his tax cut.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.066 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2551 But the worst was yet to come. The abled. The American people deserve this is at least a good start to freeze House Republicans did the President’s better. I urge my colleagues to support spending. Of course, freezing spending budget one better, or one worse as the the Democratic motion to instruct. at the 2003 level is a cut, is a cut from case may be, and made even deeper Mr. NUSSLE. Mr. Speaker, I yield the increase that was anticipated, the cuts in education and issues relating to myself the balance of my time. anticipated increase that the other side seniors. The difference is significant. The SPEAKER pro tempore (Mr. of the aisle sometimes comes to the President Bush’s budget is not bal- LATOURETTE). The gentleman is recog- floor and claims that we provide cuts anced. He pays for his tax cut by add- nized for 4 minutes. in. ing more than $2 trillion to the deficit. Mr. NUSSLE. Mr. Speaker, the dis- So 2003 levels in a 2004 budget is what It is reckless and irresponsible. tinguished minority leader, the gentle- the other side of the aisle is sup- House Republicans have shown us woman from California (Ms. PELOSI) porting. that the only way they can pay for the has a great speech writer, but the The second thing they say is, reduce President’s reckless and irresponsible speech writer failed to read the budget. the tax cut by that amount. We have tax cut and balance the budget by 2012 Great speech, but the speech writer did done the math. We have read the black is to slash veterans benefits, slash stu- not read the budget. and white letters of the motion to in- dent loans, slash the school lunch pro- School lunches are not mentioned in struct conferees, and the math is very gram, and slash Medicaid. Slashing the budget. It is not in there. Edu- simple. We come up with $1.1 trillion those priorities in order to give every cation, not even mentioned. There are worth of tax relief. That is far and millionaire in this country a $90,000 tax no cuts in education. There are no cuts above where the Senate was. That is cut, that does not reflect our values. to seniors. We cannot find farmers in not where the House wanted to be, but Americans value our veterans. We here. Hospitals, we will not find the we think it is at least worthy of taking value education. We value access to word ‘‘hospital’’ in the budget. No, that into consideration in the conference. quality health care. Passing a budget is not what a budget is about. The gen- So I believe even though we can find that cuts those priorities to pay for a tlewoman knows that. Student loans, more waste in Washington than what huge tax cut that will not benefit most that is not mentioned in the budget. the Democrats are suggesting, and we Americans is simply wrong. Cuts to the school lunch program, she can have more tax reform and more The Democratic motion instructs claims. School lunch program is not in simplification and more reduction in conferees to do the right thing. A vote here. taxes to create jobs, even though I be- for the Democratic motion is to reject See, the interesting thing about it is lieve those things, I believe we should the cuts to veterans benefits, education that Democrats come running to the support this motion to instruct con- and health care currently in the bill floor claiming there is no waste in ferees. It is nonbinding, it is political, passed by the Republicans. The an- Washington. So very hastily they draw but I think they have been hoisted by nouncement by the distinguished ma- up a motion to instruct conferees. And their own petard. jority leader that he would accept the what does that motion say? It says Mr. SPRATT. Mr. Speaker, I yield Spratt motion to instruct is an admis- there is no waste in Washington. The myself the balance of my time. sion that the Republican budget is Democrats cannot find one penny of The SPEAKER pro tempore. The gen- wrong. waste in Washington. So instead of tleman from South Carolina (Mr. We must not shortchange the vet- finding waste and instead of adopting SPRATT) has 15 seconds remaining. erans who have so courageously de- the Republican-passed budget, what Mr. SPRATT. Mr. Speaker, this re- fended our country and the thousands should we do? stores spending to the present levels of future veterans who are risking Well, it says right here in black and for Medicaid, Medicare, school lunches. their lives in Iraq as we speak. A vote white, let us reduce those instructions In addition, this does not endorse any for the Spratt amendment supports our so what we end up with is a freeze in particular level of tax cut. It simply veterans. It is ironic that on the same spending. So they are freezing school says it adjusts the revenues accord- night that this House properly passed a lunches and veterans benefits, freezing ingly after restoring these amounts to resolution to honor the troops, the Re- hospitals, freezing student loans, freez- the budgets. publican majority passed this budget ing all these things that they are talk- It is a good motion. Members should that dishonors the troops by making ing about. They come running to the vote for it if they want to vote for Med- deep cuts in veterans benefits. floor breathlessly to discuss this and icaid, Medicare, student loans and The conferees should accept the send their press releases and play polit- other programs which are so vitally other body’s language that provides ical games about a motion to instruct. important to our country. $14.6 billion more than the House Re- That is not what this is about. But Ms. JACKSON-LEE of Texas. Mr. Speaker, publican bill for veterans disability that is what the other side of the aisle I rise in support of the Spratt/Pomeroy motion and education benefits. We must not is saying. What do they do with the so- to instruct conferees on the budget resolution. shortchange students who rely on stu- called ‘‘savings’’ of just freezing spend- This motion rejects the House’s mandatory dent loans and other education pro- ing? They want to reduce the tax cut. spending cuts to education, health care, and grams that expand opportunities and We happen to support a $1.3 trillion tax veterans’ programs by calling on the con- promote excellence. cut. By reducing this, what the Demo- ferees, on a deficit-neutral basis, to restore A vote for the Spratt motion to in- crats come running here to the floor these cuts. These cuts are included in the Re- struct expands opportunity and pro- today to support is a $1.1 trillion tax publican budget—which I voted against—but motes excellence. It rejects $9 billion cut. not in the Senate resolution, or the President’s in cuts to student loans and the school Well, we have considered it. It is not budget. lunch program. We must do the right what we passed. We would rather find As our county is engaged in a war with Iraq thing for millions of seniors, children waste in Washington. We do not want that will require additional spending, we must and disabled Americans who rely on to just freeze spending. We would rath- not overlook our domestic priorities. Medicare for their health care cov- er go through each and every program This motion calls on the conferees to reject erage. and find the savings, find the waste and the budget cuts to Medicaid and Medicare; We should accept the other body’s the abuse, so the money and the pro- cuts to key education programs like school language that rejects $94 billion in cuts grams go to the intended purpose. But lunches and student loans; cuts in veterans’ in Medicaid. These cuts threaten access instead, what the Democrats want to benefits; cuts to railroad retirees’ pensions; to nursing home care, hospital services do is freeze spending. All right, I guess cuts in aid for working families and the dis- and prescription drugs for some of our we can consider doing that when we get abled; and cuts to the food stamp program. most vulnerable citizens. A vote for the to conference. It is astonishing that in this time of conflict, Spratt motion to instruct would re- So I would encourage my Republican we could cut benefits to our nation’s veterans. move that threat from the budget. colleagues to vote for the Spratt mo- The House-passed resolution cuts direct It is simply wrong to pass a budget tion to instruct conferees that freezes spending for veterans’ benefits by a total of that fails veterans, fails students, fails spending. That is at least a good start. $14.6 billion over ten years. Veterans all seniors, fails children and fails the dis- I think we could do better, but I think across the Nation will be hurt if these cuts are

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.069 H01PT1 H2552 CONGRESSIONAL RECORD — HOUSE April 1, 2003 not restored. Our Nation’s veterans have Ask any group of senior citizens if they’d interest rates, and cut off economic growth for risked their lives for our country and they trade Medicare funding for a tax cut on their the future. served on the front lines. We cannot deny dividends, and I guarantee you they’d choose I will continue to fight for a budget that con- them basic benefits like housing, medical care, Medicare. Ask any high school senior what’s tains a fiscally responsible stimulus plan that and other services that civilians receive. more important to him, a tax cut or a student cuts taxes today, while meeting our obligation I offered an amendment in the Rules Com- loan program that will make his education to prepare for the future. this is not a time to mittee to restore these cuts. Specifically, my more affordable. The answer is clear. shrink from our responsibilities to one another. amendment would have stricken the reconcili- Ask any of our troops who are fighting so We need to meet the test of this demanding ation instructions to the Committee on Vet- valiantly to bring freedom to Iraq whether movement in our history. erans’ Affairs in section 201 (b)(2)(M) and in- they’d rather have a tax cut or adequately I thank Ranking Member SPRATT, for offer- creased mandatory budget authority and out- funded veterans programs. I bet you they’d ing this reasonable motion to instruct and I lays for Function 700. Unfortunately, the com- want this country to honor their military service urge my colleagues to vote for it. mittee rejected my amendment. and restore the $14.6 billion this budget cuts The SPEAKER pro tempore. Without The House resolution’s cuts are supposed from veterans programs over the next 10 objection, the previous question is or- to be unspecified reductions in veterans’ bene- years. dered on the motion to instruct. fits that eliminate so-called ‘‘waste, fraud, and We cannot afford this tax cut on economic There was no objection. abuse.’’ We are robbing from our veterans’ grounds alone. But to pay for it by taking away The SPEAKER pro tempore. The programs—health care and disability com- from our seniors, students, veterans and farm- question is on the motion to instruct pensation—to pay for tax cuts for the wealthy. ers is particularly shameful. I urge my col- offered by the gentleman from South According to Amvets, a veterans organiza- leagues to support this motion and instruct the Carolina (Mr. SPRATT). tion, more than 200,000 veterans seeking budget conferees to restore funding for these The question was taken; and the health care in January waited more than six crucial domestic programs. Speaker pro tempore announced that months. VA officials say they are working on Mr. UDALL of New Mexico. Mr. Speaker, I the ayes appeared to have it. improving the wait time. The national goal for rise today in strong support of the gentleman Mr. NUSSLE. Mr. Speaker, on that I a doctor’s visit is a 30-day wait. Waits at from South Carolina’s motion to instruct con- demand the yeas and nays. Texas hospitals and clinics abound. ferees on the budget resolution. This common The yeas and nays were ordered. Hospitalized veterans also are vying for too sense, non-binding motion will restore some The SPEAKER pro tempore. Pursu- few doctors and nurses. And the VA system sanity to this budget. ant to clause 8 of rule XX, this 15- has started drastically rationing its health care, Put simply, Mr. Spratt’s resolution rejects minute vote on the motion to instruct deciding some veterans get care while others cuts to education, health care, and veterans’ conferees on the budget resolution will don’t. programs by urging the House and Senate be followed by two 5-minute votes on It is still unclear how budget cuts will affect conferees, on a deficit-neutral basis, to restore motions to suspend the rules that were post-war health benefits for troops returning these cuts. The House budget is so extreme debated earlier today. from Iraq, Afghanistan and elsewhere. that these cuts are not included in the Senate- The vote was taken by electronic de- A 1998 law compels the VA to provide free passed budget or even the Bush distraction’s vice, and there were—yeas 399, nays 22, medical care to those newly returned from a budget blueprint. not voting 13, as follows: combat zone, whether or not they have a mili- It is sadly ironic that at the same time we [Roll No. 95] tary service-related disability, for up to two send our young people abroad to fight a war, years. After that, only those with medical prob- the majority is advancing a budget that will YEAS—399 lems related to military service qualify for life- force those same young people to pay the bill Abercrombie Burns Dicks Ackerman Burr Dingell long medical benefits. for their recklessness. By showering the most Aderholt Burton (IN) Doggett We wonder how a system that cannot afford privileged among us with hundreds of billions Akin Buyer Dooley (CA) to treat the veterans it already serves will be of dollars in tax breaks and running up more Alexander Calvert Doolittle Allen Camp Doyle able to handle new ones, especially if some of than a trillion dollars in debt, this budget poses Andrews Cantor Dreier those new patients may be exposed to chem- a serious threat to the long-term economic Baca Capito Duncan ical or biological weapons in this war. It is un- well-being of the nation. Bachus Capps Dunn conscionable that we will not provide addi- Month after month, more American families Baird Capuano Edwards Baker Cardin Ehlers tional benefits to those who have suffered are suffering from the failure of this Adminis- Baldwin Cardoza Emanuel from Agent Orange while serving in the Viet- tration’s irresponsible economic strategy. With Ballance Carson (IN) Emerson nam Conflict, and we do not know all the ills the economy hemorrhaging jobs for every sec- Ballenger Carson (OK) Engel tor, an increasing number of Americans are Barrett (SC) Carter English that possibly face our troops now deployed in Bartlett (MD) Case Eshoo Iraq. losing faith that they will ever find a job. With Barton (TX) Castle Etheridge More than 6.5 million veterans are enrolled this budget, the majority has turned their Bass Chabot Evans in the VA health system, but the VA is budg- backs on the problems of American families. Beauprez Chocola Everett Becerra Clay Farr eted to provide care for only 4.8 million pa- Instead of offering new ideas and fresh solu- Bell Clyburn Fattah tients in 2004. tions, the Administration continues to push a Bereuter Coble Feeney Will support for our troops evaporate once tired ideology that has turned our once-robust Berkley Cole Ferguson war ends? We must fund critical programs for economy into a job-destroying machine. Berman Collins Filner Berry Conyers Fletcher veterans. I urge my colleagues to support the I believe we are obligated to help our Biggert Cooper Forbes Spratt/Pomeroy motion. States, counties and cities meet the every-in- Bilirakis Costello Ford Mr. GREEN of Texas. Mr. Speaker, the creasing burdens of skyrocketing programs. I Bishop (GA) Cox Fossella Bishop (NY) Cramer Frank (MA) Budget Resolution approved last month by this believe we are obligated to reject the drastic Bishop (UT) Crane Frelinghuysen body contains cuts to domestic programs that cuts to Medicare and Medicaid. I believe we Blackburn Crenshaw Frost millions of Americans depend on, day in and are obligated to reject the cuts to education Blumenauer Cubin Gallegly day out. funding, including school lunches and student Blunt Cummings Garrett (NJ) Boehlert Cunningham Gerlach The victims of these funding cuts include loans. I believe we are obligated to reject the Boehner Davis (AL) Gibbons Medicaid, children’s health care, student loan, majority’s cuts to the critical programs that Bonilla Davis (CA) Gilchrest and veterans programs. To slash programs benefit our veterans. I believe we are obli- Bonner Davis (FL) Gillmor Bono Davis (IL) Gingrey that provide health care to our seniors and gated to reject the cuts to assistance pro- Boozman Davis (TN) Gonzalez children, educate our students and honor the grams for the working poor—especially impor- Boswell Davis, Jo Ann Goode commitments made to the veterans who have tant during this economic downturn. Boucher Davis, Tom Goodlatte bravely protected our freedom flies in the face Most important though, this budget will hang Boyd DeFazio Gordon Bradley (NH) DeGette Goss of the American values that we hold so dearly. more than a trillion dollars of debt around the Brady (PA) Delahunt Granger Mr. Speaker, the President didn’t request necks of our children and grandchildren. They Brady (TX) DeLauro Graves cuts for these programs. Furthermore, the will be paying for this mistake for decades to Brown (OH) DeLay Green (TX) Senate’s budget did not contain these cuts. come. The President’s own chief economist, in Brown (SC) DeMint Green (WI) Brown, Corrine Deutsch Greenwood Yet, this chamber cut these programs in order his academic writings, agrees that the chronic Brown-Waite, Diaz-Balart, L. Grijalva to fund a tax cut. deficits perpetuated by this budget will raise Ginny Diaz-Balart, M. Gutierrez

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.040 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2553 Gutknecht McCarthy (NY) Ryan (OH) McCarthy (MO) Oberstar Walden (OR) Bradley (NH) Gallegly Lipinski Hall McCollum Ryan (WI) McInnis Simmons Brady (PA) Garrett (NJ) LoBiondo Harman McCotter Ryun (KS) Mica Souder Brady (TX) Gerlach Lofgren Harris McCrery Sabo Brown (OH) Gibbons Lowey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hastings (FL) McDermott Sanchez, Linda Brown (SC) Gilchrest Lucas (KY) Hastings (WA) McGovern T. The SPEAKER pro tempore (Mr. Brown, Corrine Gillmor Lucas (OK) Hayes McHugh Sanchez, Loretta LATOURETTE) (during the vote). Mem- Brown-Waite, Gingrey Lynch Hayworth McIntyre Sanders bers are advised that approximately 2 Ginny Gonzalez Majette Hensarling McKeon Sandlin minutes remain in this vote. Burgess Goode Maloney Herger McNulty Saxton Burns Goodlatte Manzullo Hill Meehan Schakowsky Burr Gordon Markey Hinchey Meek (FL) b 1551 Schiff Burton (IN) Goss Marshall Hinojosa Meeks (NY) Schrock Messrs. KOLBE, SHADEGG, CAN- Buyer Granger Matheson Hobson Menendez Scott (GA) NON, PAUL, MILLER of Florida, Calvert Graves Matsui Hoeffel Michaud Scott (VA) DEAL of Georgia, NORWOOD, Camp Green (TX) McCarthy (NY) Hoekstra Millender- Sensenbrenner Holden McDonald CULBERSON, ROYCE, KINGSTON, Cannon Green (WI) McCollum Serrano Holt Miller (MI) Cantor Greenwood McCotter Sessions TAYLOR of North Carolina, FRANKS Honda Miller (NC) Capito Grijalva McCrery Shaw of Arizona, WELDON of Florida, Hooley (OR) Miller, Gary Capps Gutierrez McDermott Shays Houghton Miller, George HEFLEY, and BURGESS, and Ms. Capuano Gutknecht McGovern Sherman Hoyer Mollohan HART changed their vote from ‘‘yea’’ Cardin Hall McHugh Hunter Moore Sherwood Cardoza Harman McIntyre Shimkus to ‘‘nay.’’ Inslee Moran (KS) Mr. PENCE changed his vote from Carson (IN) Harris McKeon Isakson Moran (VA) Shuster Carson (OK) Hart McNulty Israel Murphy Simpson ‘‘nay’’ to ‘‘yea.’’ Carter Hastings (FL) Meehan Issa Murtha Skelton So the motion to instruct was agreed Case Hastings (WA) Meek (FL) Jackson (IL) Musgrave Slaughter to. Castle Hayes Meeks (NY) Jackson-Lee Myrick Smith (MI) The result of the vote was announced Chabot Hayworth Menendez Smith (NJ) (TX) Nadler as above recorded. Chocola Hefley Mica Janklow Napolitano Smith (TX) A motion to reconsider was laid on Clay Hensarling Michaud Jefferson Neal (MA) Smith (WA) Clyburn Herger Millender- Jenkins Nethercutt Snyder the table. Coble Hill McDonald John Ney Solis Stated for: Cole Hinchey Miller (FL) Johnson (CT) Northup Spratt Mr. FOLEY. Mr. Speaker, on rollcall No. 95, Collins Hinojosa Miller (MI) Johnson (IL) Nunes Stark Conyers Hobson Miller (NC) Johnson, E. B. Nussle Stearns had I been present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore (Mr. Cooper Hoeffel Miller, Gary Johnson, Sam Obey Stenholm Costello Hoekstra Mollohan Jones (NC) Olver Strickland LATOURETTE). Without objection, the Cox Holden Moore Jones (OH) Ortiz Stupak Chair appoints the following conferees: Cramer Holt Moran (KS) Kanjorski Osborne Sullivan For consideration of the House con- Crane Honda Moran (VA) Kaptur Ose Sweeney Crenshaw Hooley (OR) Murphy Keller Owens current resolution and the Senate Tancredo Cubin Hostettler Murtha Kelly Oxley amendment, and modifications com- Tanner Culberson Houghton Musgrave Kennedy (MN) Pallone Tauscher mitted to conference: Messrs. NUSSLE, Cummings Hoyer Myrick Kennedy (RI) Pascrell Tauzin SHAYS, and SPRATT. Cunningham Hunter Nadler Kildee Pastor Taylor (MS) There was no objection. Davis (AL) Inslee Napolitano Kilpatrick Payne Terry Kind Pearce Davis (CA) Isakson Neal (MA) Thompson (CA) f Davis (FL) Israel Nethercutt King (IA) Pelosi Thompson (MS) King (NY) Pence ANNOUNCEMENT BY THE SPEAKER Davis (IL) Issa Ney Thornberry Davis (TN) Istook Northup Kirk Peterson (MN) Tiahrt PRO TEMPORE Kleczka Peterson (PA) Davis, Jo Ann Jackson (IL) Norwood Tiberi Kline Petri Davis, Tom Jackson-Lee Nunes Tierney The SPEAKER pro tempore. Pursu- Knollenberg Pickering Deal (GA) (TX) Nussle Towns ant to clause 8 of rule XX, the remain- Kucinich Pitts DeFazio Janklow Obey Turner (OH) der of this series will be conducted as 5- LaHood Platts DeGette Jefferson Olver Turner (TX) Lampson Pombo minute votes. Delahunt Jenkins Ortiz Udall (CO) Langevin Pomeroy f DeLauro John Osborne Lantos Porter Udall (NM) DeLay Johnson (CT) Ose Larsen (WA) Portman Upton DeMint Johnson (IL) Otter Van Hollen HIGHER EDUCATION RELIEF OP- Larson (CT) Price (NC) PORTUNITIES FOR STUDENTS Deutsch Johnson, E. B. Owens Latham Pryce (OH) Velazquez Diaz-Balart, L. Johnson, Sam Oxley LaTourette Putnam Visclosky ACT OF 2003 Diaz-Balart, M. Jones (NC) Pallone Vitter Leach Quinn The SPEAKER pro tempore. The Dicks Jones (OH) Pascrell Lee Radanovich Walsh Dingell Kanjorski Pastor Levin Rahall Wamp pending business is the question of sus- Doggett Kaptur Paul Lewis (CA) Ramstad Waters pending the rules and passing the bill, Dooley (CA) Keller Payne Lewis (GA) Rangel Watson H.R. 1412. Doolittle Kelly Pearce Lewis (KY) Regula Watt The Clerk read the title of the bill. Doyle Kennedy (MN) Pelosi Linder Rehberg Waxman Dreier Kennedy (RI) Pence Weiner The SPEAKER pro tempore. The Lipinski Renzi Duncan Kildee Peterson (MN) Weldon (PA) question is on the motion offered by LoBiondo Reyes Dunn Kilpatrick Peterson (PA) Weller Lofgren Reynolds the gentleman from Minnesota (Mr. Edwards Kind Petri Wexler Lowey Rodriguez KLINE) that the House suspend the Ehlers King (IA) Pickering Whitfield Lucas (KY) Rogers (AL) Emanuel King (NY) Pitts Wicker rules and pass the bill, H.R. 1412, on Lucas (OK) Rogers (KY) Emerson Kingston Platts Lynch Wilson (NM) which the yeas and nays are ordered. Rogers (MI) Engel Kirk Pombo Majette Rohrabacher Wilson (SC) This will be a 5-minute vote. English Kleczka Pomeroy Maloney Ros-Lehtinen Wolf The vote was taken by electronic de- Eshoo Kline Porter Manzullo Ross Woolsey vice, and there were—yeas 421, nays 1, Etheridge Knollenberg Portman Markey Rothman Wu Evans Kolbe Price (NC) Marshall Roybal-Allard Wynn not voting 12, as follows: Everett Kucinich Pryce (OH) Matheson Ruppersberger Young (AK) [Roll No. 96] Matsui Rush Young (FL) Farr LaHood Putnam YEAS—421 Fattah Lampson Radanovich NAYS—22 Abercrombie Barrett (SC) Bishop (NY) Feeney Langevin Rahall Ackerman Bartlett (MD) Bishop (UT) Ferguson Lantos Ramstad Burgess Hostettler Royce Aderholt Barton (TX) Blackburn Filner Larsen (WA) Rangel Cannon Istook Shadegg Akin Bass Blumenauer Flake Larson (CT) Regula Culberson Kingston Taylor (NC) Alexander Beauprez Blunt Fletcher Latham Rehberg Deal (GA) Kolbe Thomas Allen Becerra Boehlert Foley LaTourette Renzi Flake Miller (FL) Toomey Andrews Bell Boehner Forbes Leach Reyes Franks (AZ) Norwood Weldon (FL) Baca Bereuter Bonilla Ford Lee Reynolds Hart Otter Bachus Berkley Bonner Fossella Levin Rodriguez Hefley Paul Baird Berman Bono Frank (MA) Lewis (CA) Rogers (AL) Baker Berry Boozman NOT VOTING—13 Franks (AZ) Lewis (GA) Rogers (KY) Baldwin Biggert Boswell Frelinghuysen Lewis (KY) Rogers (MI) Combest Foley Hulshof Ballance Bilirakis Boucher Frost Linder Rohrabacher Crowley Gephardt Hyde Ballenger Bishop (GA) Boyd

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.028 H01PT1 H2554 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Ros-Lehtinen Simpson Towns Beauprez Engel LaHood Rahall Serrano Thornberry Ross Skelton Turner (OH) Becerra English Lampson Ramstad Sessions Tiberi Rothman Slaughter Turner (TX) Bell Eshoo Langevin Rangel Shadegg Tierney Roybal-Allard Smith (MI) Udall (CO) Bereuter Etheridge Lantos Regula Shaw Toomey Royce Smith (NJ) Udall (NM) Berkley Evans Larsen (WA) Rehberg Shays Towns Ruppersberger Smith (TX) Upton Berman Everett Larson (CT) Renzi Sherman Turner (OH) Rush Smith (WA) Van Hollen Berry Farr Latham Reyes Sherwood Turner (TX) Ryan (OH) Snyder Velazquez Biggert Fattah LaTourette Reynolds Shimkus Udall (CO) Ryan (WI) Solis Visclosky Bilirakis Feeney Leach Rodriguez Shuster Udall (NM) Ryun (KS) Spratt Vitter Bishop (GA) Ferguson Lee Rogers (AL) Simpson Upton Sabo Stark Rogers (KY) Skelton Walsh Bishop (NY) Filner Levin Van Hollen Sanchez, Linda Stearns Rogers (MI) Slaughter Wamp Bishop (UT) Flake Lewis (CA) Velazquez T. Stenholm Rohrabacher Smith (MI) Waters Blackburn Fletcher Lewis (GA) Visclosky Sanchez, Loretta Strickland Ros-Lehtinen Smith (NJ) Watson Blumenauer Foley Lewis (KY) Vitter Sanders Stupak Ross Smith (TX) Watt Blunt Forbes Linder Walsh Sandlin Sullivan Rothman Smith (WA) Boehlert Ford Lipinski Wamp Saxton Sweeney Waxman Roybal-Allard Snyder Boehner Fossella LoBiondo Waters Schakowsky Tancredo Weiner Royce Solis Bonilla Franks (AZ) Lofgren Watson Schiff Tanner Weldon (FL) Ruppersberger Spratt Bonner Frelinghuysen Lowey Watt Schrock Tauscher Weldon (PA) Rush Stark Weller Bono Frost Lucas (KY) Waxman Scott (GA) Tauzin Boozman Gallegly Lucas (OK) Ryan (OH) Stearns Wexler Weiner Scott (VA) Taylor (MS) Boswell Garrett (NJ) Majette Ryan (WI) Stenholm Whitfield Weldon (FL) Sensenbrenner Taylor (NC) Boucher Gerlach Maloney Ryun (KS) Strickland Wicker Weldon (PA) Serrano Terry Boyd Gibbons Manzullo Sabo Stupak Wilson (NM) Weller Sessions Thomas Bradley (NH) Gilchrest Markey Sanchez, Linda Sullivan Wilson (SC) Wexler Shadegg Thompson (CA) Brady (PA) Gillmor Marshall T. Sweeney Wolf Whitfield Shaw Thompson (MS) Brady (TX) Gingrey Matheson Sanchez, Loretta Tancredo Woolsey Wicker Shays Thornberry Brown (OH) Gonzalez Matsui Sanders Tanner Wu Wilson (NM) Sherman Tiahrt Brown (SC) Goode McCarthy (NY) Sandlin Tauscher Wynn Wilson (SC) Sherwood Tiberi Brown, Corrine Goodlatte McCollum Saxton Tauzin Young (AK) Wolf Shimkus Tierney Brown-Waite, Gordon McCotter Schakowsky Taylor (MS) Shuster Toomey Young (FL) Schiff Taylor (NC) Woolsey Ginny Goss McCrery Schrock Terry Wu Burgess Granger McDermott NAYS—1 Scott (GA) Thomas Wynn Burns Graves McGovern Scott (VA) Thompson (CA) Young (AK) Miller, George Burr Green (TX) McHugh Sensenbrenner Thompson (MS) Young (FL) NOT VOTING—12 Burton (IN) Green (WI) McIntyre Buyer Greenwood McKeon NOT VOTING—16 Combest Hyde Quinn Calvert Grijalva McNulty Combest Jones (OH) Simmons Crowley McCarthy (MO) Simmons Camp Gutierrez Meehan Crowley Kleczka Souder Gephardt McInnis Souder Cannon Gutknecht Meek (FL) Frank (MA) Lynch Hulshof Oberstar Walden (OR) Cantor Hall Meeks (NY) Tiahrt Gephardt McCarthy (MO) Capito Harman Menendez Walden (OR) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hulshof McInnis Capps Harris Mica Hyde Oberstar The SPEAKER pro tempore (during Capuano Hart Michaud the vote). The Chair will advise all Cardin Hastings (FL) Millender- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Members there are 2 minutes left in Cardoza Hastings (WA) McDonald The SPEAKER pro tempore (Mr. Carson (IN) Hayes Miller (FL) this vote. Carson (OK) Hayworth Miller (MI) LATOURETTE) (during the vote). Mem- Carter Hefley Miller (NC) bers are reminded that there are 2 min- b 1559 Case Hensarling Miller, Gary utes remaining on this vote. Castle Herger Miller, George So (two-thirds having voted in favor Chabot Hill Mollohan b 1606 thereof) the rules were suspended and Chocola Hinchey Moore So (two-thirds having voted in favor the bill was passed. Clay Hinojosa Moran (KS) The result of the vote was announced Clyburn Hobson Moran (VA) thereof) the rules were suspended and Coble Hoeffel Murphy as above recorded. the concurrent resolution, as amended, Cole Hoekstra Murtha was agreed to. A motion to reconsider was laid on Collins Holden Musgrave The result of the vote was announced the table. Conyers Holt Myrick Cooper Honda Nadler as above recorded. f Costello Hooley (OR) Napolitano The title of the concurrent resolution Cox Hostettler Neal (MA) was amended so as to read: ‘‘Concur- Cramer Houghton Nethercutt EXPRESSING SENSE OF CONGRESS Crane Hoyer Ney rent resolution expressing the sense of REGARDING THE BLUE STAR Crenshaw Hunter Northup the Congress regarding the Blue Star BANNER AND THE GOLD STAR Cubin Inslee Norwood Flag and the Gold Star.’’. Culberson Isakson Nunes A motion to reconsider was laid on The SPEAKER pro tempore. The Cummings Israel Nussle pending business is the question of sus- Cunningham Issa Obey the table. pending the rules and agreeing to the Davis (AL) Istook Olver f Davis (CA) Jackson (IL) Ortiz concurrent resolution, H. Con. Res. 109, Davis (FL) Jackson-Lee Osborne REMOVAL OF NAME OF MEMBER as amended. Davis (IL) (TX) Ose AS COSPONSOR OF H.R. 1006, THE The Clerk read the title of the con- Davis (TN) Janklow Otter CAPTIVE WILDLIFE SAFETY ACT current resolution. Davis, Jo Ann Jefferson Owens Davis, Tom Jenkins Oxley Mr. MCKEON. Mr. Speaker, I ask The SPEAKER pro tempore. The Deal (GA) John Pallone unanimous consent that the gentleman question is on the motion offered by DeFazio Johnson (CT) Pascrell from Louisiana (Mr. ALEXANDER) be re- the gentleman from Nevada (Mr. GIB- DeGette Johnson (IL) Pastor Delahunt Johnson, E. B. Paul moved as a cosponsor of H.R. 1006, the BONS) that the House suspend the rules DeLauro Johnson, Sam Payne Captive Wildlife Safety Act, as he was and agree to the concurrent resolution, DeLay Jones (NC) Pearce mistakenly added as a cosponsor to H. Con. Res. 109, as amended, on which DeMint Kanjorski Pelosi Deutsch Kaptur Pence this legislation. the yeas and nays are ordered. Diaz-Balart, L. Keller Peterson (MN) The SPEAKER pro tempore. Is there This will be a 5-minute vote. Diaz-Balart, M. Kelly Peterson (PA) objection to the request of the gen- The vote was taken by electronic de- Dicks Kennedy (MN) Petri tleman from California? vice, and there were—yeas 418, nays 0, Dingell Kennedy (RI) Pickering Doggett Kildee Pitts There was no objection. not voting 16, as follows: Dooley (CA) Kilpatrick Platts f [Roll No. 97] Doolittle Kind Pombo Doyle King (IA) Pomeroy YEAS—418 REPORT ON RESOLUTION PRO- Dreier King (NY) Porter VIDING FOR CONSIDERATION OF Abercrombie Andrews Ballance Duncan Kingston Portman Ackerman Baca Ballenger Dunn Kirk Price (NC) H.R. 743, SOCIAL SECURITY PRO- Aderholt Bachus Barrett (SC) Edwards Kline Pryce (OH) TECTION ACT OF 2003 Akin Baird Bartlett (MD) Ehlers Knollenberg Putnam Alexander Baker Barton (TX) Emanuel Kolbe Quinn Mr. LINDER, from the Committee on Allen Baldwin Bass Emerson Kucinich Radanovich Rules, submitted a privileged report

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.030 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2555 (Rept. No. 108–54) on the resolution (H. shall rise and report the bill to the All points of order against such Res. 168) providing for consideration of House with such amendments as may amendments are waived. the bill (H.R. 743) to amend the Social have been adopted. Any Member may At the conclusion of consideration of Security Act and the Internal Revenue demand a separate vote in the House the bill for amendment, the Committee Code of 1986 to provide additional safe- on any amendment adopted in the shall rise and report the bill to the guards for Social Security and Supple- Committee of the Whole to the bill or House with such amendments as may mental Security Income beneficiaries to the committee amendment in the have been adopted. Any Member may with representative payees, to enhance nature of a substitute. The previous demand a separate vote in the House program protections, and for other pur- question shall be ordered as ordered on on any amendment adopted in the poses, which was referred to the House the bill and amendments thereto to Committee of the Whole to the bill or Calendar and ordered to be printed. final passage without intervening mo- to the committee amendment in the f tion except one motion to recommit, nature of a substitute. The previous with or without instructions. MAKING IN ORDER AT ANY TIME question shall be considered as ordered The SPEAKER pro tempore. Is there on the bill and amendments thereto to CONSIDERATION OF H.R. 735, objection to the request of the gen- POSTAL CIVIL SERVICE RETIRE- final passage without intervening mo- tleman from California? tion except one motion to recommit MENT SYSTEM FUNDING RE- There was no objection. FORM ACT OF 2003 with or without instructions. f The SPEAKER pro tempore. Is there Mr. DREIER. Mr. Speaker, I ask MAKING IN ORDER AT ANY TIME objection to the request of the gen- unanimous consent that it be in order tleman from California? at any time for the Speaker, as though CONSIDERATION OF H.R. 522, There was no objection. pursuant to clause 2(b) of rule XVIII, to FEDERAL DEPOSIT INSURANCE declare the House resolved into the REFORM ACT OF 2003 Committee of the Whole House on the Mr. DREIER. Mr. Speaker, I ask f state of the Union for consideration of unanimous consent that it be in order H.R. 735, and that consideration of the at any time for the Speaker, as though PUT VETERANS BENEFITS FUNDS bill proceed according to the following pursuant to clause 2(b) of rule XVIII, to BACK IN THE BUDGET order: declare the House resolved into the (Mr. HOLT asked and was given per- The first reading of the bill shall be Committee of the Whole House for the mission to address the House for 1 dispensed with. state of the Union for consideration of minute and to revise and extend his re- All points of order against consider- H.R. 522, and that consideration of the marks.) ation of the bill are waived. bill proceed according to the following Mr. HOLT. Madam Speaker, the lead- General debate shall be confined to order: ership of the House of Representatives the bill and shall not exceed 1 hour The first reading of the bill shall be narrowly passed a budget resolution on equally divided and controlled by the dispensed with. March 20 that would severely cut vet- chairman and ranking minority mem- All points of order against consider- erans benefits, including health care, ber of the Committee on Government ation of the bill are waived. disability compensation, pensions, and General debate shall be confined to Reform. other benefits. After general debate, the bill shall be the bill and shall not exceed 1 hour Now, 211 of my colleagues and I op- considered for amendment under the 5- equally divided and controlled by the posed this budget resolution and many minute rule. chairman and ranking minority mem- of us voted instead for an alternative It shall be in order to consider as an ber of the Committee on Financial budget resolution preferred by the original bill for the purpose of amend- Services. American Legion and other veterans ment under the 5-minute rule the After general debate, the bill shall be groups that would have increased vet- amendment in the nature of a sub- considered for amendment under the 5- erans benefits. I am sad to say it did stitute recommended by the Com- minute rule. not pass. mittee on Government Reform now It shall be in order to consider as an printed in the bill. original bill for the purpose of amend- Now today, the majority party voted The committee amendment in the ment under the 5-minute rule the for a motion to instruct conferees pre- nature of a substitute shall be consid- amendment in the nature of a sub- sented by the Democrats. I must ques- ered as read. stitute recommended by the Com- tion the seriousness of this vote. All points of order against the com- mittee on Financial Services now Maybe it is April Fool’s Day, but cut- mittee amendment in the nature of a printed in the bill. ting veterans benefits does not seem substitute are waived. The committee amendment in the very funny to me. No amendment to the committee nature of a substitute shall be consid- How can Congress even consider cut- amendment in the nature of a sub- ered as read. ting veterans benefits during a time of stitute shall be in order except the fol- All points of order against the com- war? lowing amendments, which may be of- mittee amendment in the nature of a I must question the seriousness of it fered only in the order specified, may substitute are waived. because only a week ago when my Re- be offered only by the Member des- No amendment to the committee publican friend and colleague, the gen- ignated or his designee, shall be consid- amendment in the nature of a sub- tleman from New Jersey (Mr. SMITH), ered as read, shall be debatable for 10 stitute shall be in order except the fol- the chairman of the Committee on Vet- minutes equally divided and controlled lowing amendments printed in the CON- erans’ Affairs, expressed his own out- by the proponent and an opponent, GRESSIONAL RECORD pursuant to clause rage at the leadership’s budget pro- shall not be subject to amendment, and 8 of rule XVIII, which may be offered posal, he was severely rebuked by his shall not be subject to a demand for di- only in the order specified, may be of- own party. Now, no American should be vision of the question in the House or fered only by the Member designated or rebuked for standing up for veterans. in the Committee of the Whole: (1) the his designee, shall be considered as The promise that the gentleman from amendment numbered 1 in the CON- read, shall be debatable for 20 minutes New Jersey (Mr. SMITH) got and this GRESSIONAL RECORD by Representative equally divided and controlled by the motion to instruct today should not WAXMAN of California; and, (2) the proponent and an opponent, shall not have been necessary. It should have amendment numbered 2 in the CON- be subject to amendment, and shall not been in the original budget resolution GRESSIONAL RECORD by Representative be subject to a demand for division of that the veterans were looked after, TOM DAVIS of Virginia. the question in the House or in the that their disability payments would All points of order against such Committee of the Whole: (1) by Rep- be taken care of. Certainly at a time of amendments are waived. resentative OSE of California; and, (2) war and great sacrifice by our Nation’s At the conclusion of consideration of by Representative ROHRABACHER of armed services, we cannot let these the bill for amendment, the Committee California. cuts stand.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.078 H01PT1 H2556 CONGRESSIONAL RECORD — HOUSE April 1, 2003 b 1615 market capital. When the tele- the mother to Georgia’s law protecting VETERAN BUDGET CUTS communications companies are already unborn children that went far beyond hurting, devaluing their stock makes an abortion necessary to save the life (Ms. SOLIS asked and was given per- matters much worse because they do of the mother. mission to address the House for 1 not have that money to invest in up- Here is what they said: ‘‘We agree minute and to revise and extend her re- grades. with the District Court that the med- marks.) Madam Speaker, it has been more ical judgment may be exercised in the Ms. SOLIS. Madam Speaker, I rise than a month since the FCC released light of all factors—physical, emo- today with much disappointment. I am their decision on the Triennial Review, tional, psychological, familial, and a disappointed that the Republican-driv- and we still have not seen the details. woman’s age—relevant to the well- en budget resolution that passed cuts, The FCC needs to take actions that being of the patient. All these factors over 10 years, $14.6 in direct spending foster investments by all parties, not may relate to health. This allows the for our veterans benefits and $14.2 bil- create artificial competition. attending physician the room he needs lion in veterans health care. I hope their final order accomplishes to make his best medical judgment. How can the Congress even consider its goals, but I am concerned that it And it is room that operates for the cutting benefits to our veterans when may fall far short. benefit, not the disadvantage, of the hundreds of thousands of American f pregnant woman.’’ That is a quote men and women in uniform are cur- from the case. SPECIAL ORDERS rently risking their lives overseas? Abortionists continue to get around What will it tell them upon their re- The SPEAKER pro tempore (Ms. State bans on late-term abortions by turn? Thanks for your service, but you GINNY BROWN-WAITE of Florida). Under finding excuses and justifications re- are on your own? the Speaker’s announced policy of Jan- lating to emotional, psychological, and Our veterans and our future veterans uary 7, 2003, and under a previous order familial health. However, they neglect deserve a lot better. Every day I pray of the House, the following Members entirely the health of the unborn baby for the safe return of our troops, real- will be recognized for 5 minutes each. and his or her physical, emotional, psy- izing that some may not come back at f chological, and familial well-being. all. Lance Corporal Jesus Alberto PARTIAL BIRTH ABORTION Dr. Warren Hern of Colorado, the au- Suarez del Solar is one of our heroes thor of the standard textbook on abor- who was killed recently in action, last The SPEAKER pro tempore. Under a tion procedures, who also performs Thursday. Suarez, although not even a previous order of the House, the gen- many third-trimester abortions, has U.S. citizen, chose to serve our country tleman from Iowa (Mr. KING) is recog- stated: ‘‘I will certify that any preg- as a Marine. nized for 5 minutes. nancy is a threat to a woman’s life and Suarez’ father is a U.S. citizen, and Mr. KING of Iowa. Madam Speaker, could cause grievous injury to her feels, and I quote, ‘‘both betrayed and an issue that concerns me a great deal physical health.’’ Any pregnancy is a proud.’’ In the Los Angeles Times arti- has come before us here this evening. threat to a woman’s life, according to cle Mr. Suarez says, ‘‘President Bush That subject matter is partial birth Dr. Hern. has not demonstrated to me or to thou- abortion. Statements like those of Dr. Hern’s sands of other people that this war is Given that the Committee on the Ju- that any pregnancy injures a woman’s justified.’’ These are the words of his diciary marked up the Partial Birth health underscore the need for a par- father. Abortion Act last week and that it will tial birth abortion ban at the Federal How can we send our sons and daugh- be debated on the floor soon, I would level. I hope Members will take my ters off when we cannot promise them like to bring our attention back to the words to heart as we consider partial support back home? I urge my col- fundamental principles and facts of the birth abortion and the right to life for leagues on the other side of the aisle to issue. all human beings, born and unborn. reconsider these cuts. I have here a picture of an unborn f f baby 19 weeks old. Unborn 19- and 20- week-old boys and girls are often vic- The SPEAKER pro tempore. Under a ON THE NEED TO REVITALIZE tims of partial birth abortion, though previous order of the House, the gen- AMERICA’S ECONOMY AND TELE- many abortionists will abort unborn tleman from Oregon (Mr. DEFAZIO) is COMMUNICATIONS SECTOR babies up to 24 weeks old and older. recognized for 5 minutes. (Mr. GREEN of Texas asked and was At 20 weeks old, this baby’s body does (Mr. DEFAZIO addressed the House. given permission to address the House not need to form new parts or develop His remarks will appear hereafter in for 1 minute and to revise and extend new body systems. Instead, she will use the Extensions of Remarks.) his remarks.) the remaining time in her mother’s f Mr. GREEN of Texas. Madam Speak- womb to grow over the next 41⁄2 er, I rise today to speak on the need to months. She can dream, and she has TRIBUTE TO ADOLPH REED, SR., revitalize our economy, and particu- REM sleep, just like you or me. At 20 1921–2003, PROFESSOR, UNIVER- larly the telecommunications sector. weeks, she recognizes her mother’s SITY OF ARKANSAS, PINE The telecommunications industry voice. Unborn babies, born prematurely BLUFF; SOUTHERN UNIVERSITY, has been in a severe decline. Part of it at 21 or 22 weeks, can routinely be BATON ROUGE, LOUISIANA; UNI- was an investment bubble, but a big saved. Sometimes they can be saved VERSITY OF ARKANSAS, FAY- part of the decline was due to regu- even younger. ETTEVILLE latory uncertainty. The Federal Com- If we open up the phone book, we will The SPEAKER pro tempore. Under a munications Commission had a chance find in the Yellow Pages, and particu- previous order of the House, the gen- to give the industry some certainty, larly here in Washington, D.C., adver- tleman from Illinois (Mr. DAVIS) is rec- and instead, created even more chaos. tisements offering to abort unborn ba- ognized for 5 minutes. They avoided making the tough deci- bies up to 24 weeks. Mr. DAVIS of Illinois. Madam Speak- sions and have punted the responsi- Many people recognize that this un- er, I was indeed fortunate as a teenager bility to our States. born baby’s life should be protected. to attend the Arkansas Mechanical and In fact, they have succeeded in pleas- States have tried to outlaw these abor- Normal College, which is now the Uni- ing no one and punishing every sector tions, and many States have banned versity of Arkansas at Pine Bluff. of the telecommunications industry. late-term abortion. But the Supreme While this was one of the historically Unlike Solomon in the Old Testament, Court in Doe v. Bolton created a man- black colleges and universities, it did the SEC actually did cut the telecom datory loophole in all State laws that not have a great deal in the way of ma- baby in half. protect unborn children from abortion terial supplies and resources. However, This chaos immediately struck Wall that allows abortionists to drive a it had some of the most profound edu- Street as the telecom stocks plum- truck through. The Supreme Court cators and education administrators meted, wiping out over $15 billion in added an exception for the health of this country has ever known.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.080 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2557 I could cite any number of them, but been editor of an independent radical known among colleagues and in the political today I will mention three and high- newspaper called ‘‘Give Me a Name,’’ or science profession as a person of uncommon light one. Prexy, President Lawrence that during the 1940s had been active in honesty and integrity, a witty and engaging A. Davis, Sr., had no peer as an admin- the American Labor Party. In 1948, he raconteur, big ban jazz aficionado, a biting critic and a generous friend. Although he istrator and was beloved by genera- was a delegate to the Progressive never shied away from expressing intellec- tions of individuals who are connected Party convention that launched Henry tual and political disagreements, he refused to the University of Arkansas at Pine Wallace’s Presidential campaign. to take differences personally and could Bluff. We did not know that he had been at maintain friendships with those with who he Mr. Ray Russell, chairman of the Peekskill, New York, in 1949 to show differed sharply. His teaching philosophy was History Department, was one of the support for our hero, Paul Robeson; or simply to encourage students to think inde- most exciting professors that I have that he had been a reporter for the New pendently. ever known. I was a history major, and York Compass. Professor Reed was an important force in he was my friend, mentor, and a father After getting to know Dr. Adolph the development of a generation of Black Po- figure. Reed, Jr., a well-known college pro- litical scientists and a prominent voice in the However, the man that I would high- fessor who teaches political science at organization throughout its formative years. He light and the man whose thinking the New School for Social Research in was also a founding member of the American helped to shape my own passion for New York City, and to know that Mr. Political Science Association’s Caucus for a democratic principles and social activ- REED’s grandson, Toure F. Reed is a New Political Science. ism, Professor Adolph Reed, Sr., was history professor at Illinois State Uni- When I learned that Mr. Reed and his family my political science professor. I re- versity in Bloomington, Illinois, it re- had lived in Dumas, Eudora and Reed, Arkan- member Mr. REED so well, as his other inforces for me the kind of legacy that sas, his being became even more meaningful students have described him, slender, he left. to me, given the fact that this is the largely suave, in constant motion, talking in- Mr. REED taught at the University of rural, impoverished area where I grew up. This cessantly, keeping us in rapt attention Arkansas at Fayetteville from 1971 to has provided me with even more affinity for as he waxed eloquently about Locke, 1994, when he retired with the title this great scholar and tremendous teacher. ‘‘professor emeritus.’’ Rousseau, Abraham Lincoln, Frederick Adolph Reed Sr. 1921–2003, a man with Madam Speaker, it is good to have Douglass, Sojourner Truth, Daisy exceptional insight, common experiences, me- known one who lived what he taught, Bates, Martin Luther King, and the who practiced what he preached, who nial work, a soldier, activist, uncompromising nameless sharecroppers, common, ordi- understood that you cannot lead where philosopher, served on State Constitution nary people, everyday people who you are unwilling to go, and that you Committees in Arkansas and Louisiana, inspi- would march, demonstrate, picket, cannot teach what you do not know. ration to Dr. Martin Luther King Jr., acknowl- boycott, and do whatever they could to I want to end this with Dr. Reed, edged prominently in Race and Democracy, a try and obtain justice. Jr.’s, characterization of his father. book by Adam Fairclough depicting the Civil Professor Reed, like so many others ‘‘Professor Reed as a political scientist Rights Struggle in Louisiana from 1915 to of his generation, migrated from Ar- remained convinced that both major 1972, heralded by activists like Stokley Car- kansas to Chicago, where he worked as political parties are too beholden to michael, featured in the Black Press for being a railroad dining car waiter and sat in corporate interests, which he fre- at the core of student unrest and activism on on classes at the University of Chicago. quently described as the basis for the black college campuses, intellectual giant. Mr. His experiences in the hustle and bus- perverted priorities of American poli- Reed, when your family and friends gather in tle in the predominantly black South tics.’’ Fayetteville, Arkansas to pay tribute, please Side of Chicago remained a central In recent years, he became an active know that there are thousands of us across part of his being as he continued on the supporter of the New Labor Party, cre- the country who are there in spirit and of path to greatness. ated in 1996, and its project of building course, you will always be with us. ‘‘Sante He was drafted into the Army, was a politics in this country based on a Sana’’ ‘‘The Struggle will Continue.’’ part of the Normandy invasion, and working-class economic agenda. He was f saw action at the Battle of the Bulge. a man for many seasons, and often- The SPEAKER pro tempore. Under a He was involved in protests by black times thought of as a man before his previous order of the House, the gen- troops in Charleston, South Carolina, time. tleman from Indiana (Mr. BURTON) is and in Manchester, England. He often I am proud to have known him, and recognized for 5 minutes. remarked about the contradiction of appreciate the tremendous contribu- (Mr. BURTON of Indiana addressed having been sent to fight the racist tion that he made to all of America. the House. His remarks will appear Nazis in a racially segregated United Madam Speaker, it is so good to have hereafter in the Extensions of Re- States Army. known one who lived what he taught, who marks.) After the war, Professor Reed, like practiced what he preached, who understood many other veterans, especially Afri- that you cannot lead where you are unwilling f can American males who had never be- to go and that you cannot teach what you do EXCHANGE OF SPECIAL ORDER fore had the opportunity to attend col- not know. TIME lege in large numbers, enrolled at I want to end this with Dr. Adolph Reed Jr.’s Mr. WELDON of Florida. Madam Fiske University in Nashville, Ten- characterization of his father. Professor Reed nessee. He pursued postgraduate stud- Speaker, I ask unanimous consent to as a political scientist: claim the time of the gentleman from ies at New York University and Amer- . . . remained convinced that both major Indiana (Mr. BURTON). ican University. political parties are too beholden to cor- Mr. REED taught at Arkansas A.M. porate interests, which he frequently de- The SPEAKER pro tempore. Is there and N. College, where he was my in- scribed as the basis for the ‘‘perverted prior- objection to the request of the gen- structor. He then moved on to South- ities’’ of American politics. In recent years, tleman from Florida? ern University, where he resigned as he became an active supporter of the New There was no objection. Labor Party, created in 1996, and its project the result of a clash with the univer- f sity’s president over his expulsion of of building a politics in this country based on a working class economic agenda that SALUTING A GREAT AMERICAN, student protestors who were dem- cuts across other potential social divisions. onstrating for civil rights, equal oppor- THE LATE PRIVATE MICHAEL All his life he lamented what he perceived as RUSSELL CREIGHTON-WELDON tunity, and an end to segregation. He the ruling class’s success in inducing too held visiting professorships at the Uni- many poor and working people to identify The SPEAKER pro tempore. Under a versity of North Carolina at Chapel the wrong enemies. previous order of the House, the gen- Hill and the University of California at He stressed the roles of the news media, tleman from Florida (Mr. WELDON) is San Diego. education system and organized religion in recognized for 5 minutes. At Arkansas A.M. and N., we knew perpetuating that situation: Mr. WELDON of Florida. Madam Mr. REED was spellbinding, but we did These convictions shaped his approach to Speaker, I rise this afternoon to salute not know that while at Fiske he had intellectual and political life. He was widely a great American, Private Michael

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.083 H01PT1 H2558 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Russell Creighton-Weldon. Private are the future of the Iraqi people; false ing power. My bill is intended to cor- Creighton-Weldon of Palm Bay, Flor- reports about coalition attacks on ci- rect this inequity. ida, was killed this past weekend while vilians, mosques and cultural centers; There are three other points that are serving in Iraq as part of Operation lies about Iraqi adherence to Geneva important for me to make: first, the Iraqi Freedom. He was one of the sol- Conventions which they have blatantly SEC requires that collective trusts diers killed by the suicide bomber driv- violated; Feyadeen infiltration of reg- have sole management and control ing the taxi. ular Iraqi forces to prevent surrender over the assets that are invested; sec- Private Creighton-Weldon was in and defection; using false acts of sur- ond, nothing in this legislation is in- Company A, the 27th Infantry, Third render in flagrant violation of the laws tended to alter the traditional SEC in- Division, out of Fort Stewart, Georgia. of war, and using them to attack coali- terpretation that the financial institu- My prayers and condolences are with tion forces; and, yes, the use of suicide tion is responsible for exercising hands- Michael’s family during this hour of bombers, one of whom took the life of on control over the collective trust; loss. My family and my staff grieve a great American, Michael Russell and, third, this measure does not in with them in honor of Michael. Creighton-Weldon. any way effect Tax Code provisions President Lincoln was once quoted We all in the 15th congressional dis- governing the treatment of pension saying that we as a nation ‘‘should trict and in our Nation salute Michael plans, including the requirement that a have faith that right makes might, and for the service he provided our Nation church plan must be maintained by a in that faith let us, to the end, dare to and the sacrifice he made. We join with church or eligible church-affiliated or- do our duty.’’ Michael dared to do his his mother, his father, his entire ex- ganization. duty, and in so doing, he gave the ulti- tended family in extending our condo- My bill allows church plan assets to mate sacrifice for our continued free- lences, and our prayers are with them be included in collective trust funds dom. We owe him a debt of gratitude and our Nation and our troops in the that also include assets of private em- that we can never repay. field as we continue in this cause. ployee and governmental plans. b 1630 f Madam Speaker, there is no sound policy reason for our security laws to CHURCH PENSION PLAN FAIRNESS This morning, I had the honor of exclude church plan participation in ACT speaking to Michael’s mother, retired specifically tailored pension plan in- U.S. Army Sergeant Major Jean The SPEAKER pro tempore (Ms. vestments. The Church Pension Plan Weldon. She said that Michael, or Big GINNY BROWN-WAITE of Florida). Under Fairness Act is a reasonable, measured, Mike as his family affectionately a previous order of the House, the gen- and fair response to many of the con- called him, was a hero to his family tlewoman from Illinois (Mrs. BIGGERT) cerns raised by clergy and other church and now he is a hero for America. is recognized for 5 minutes. employees around the country. Mrs. Weldon also had great praise for Mrs. BIGGERT. Madam Speaker, I I want to thank my distinguished the Palm Bay Police Department and rise today to introduce legislation that colleague and friend from Tennessee the mayor for the support that they amends our Nation’s security laws in (Mr. FORD) for his strong support in co- have provided her during this time of order to end discrimination against sponsorship of this legislation, and I grieving. Specifically, they have had to church pension programs. urge my colleagues to join us in sup- deploy officers to her house to keep the One thing most Americans under- porting this bill. Our clergy deserves press away from her and her family stand is the importance of saving no less than the millions of other who have been very grieved by the con- money to ensure financial security working men and women of America. stant approaches of the press. And I after they retire. Just as important, think America’s press should be aware they understand that investing in an f of this that one grieving mom would employer-sponsored pension plan is a The SPEAKER pro tempore. Under a like some space and that they should great way to help achieve this goal. previous order of the House, the gentle- be sensitive to this all across the Na- America’s clergy are no less interested woman from the District of Columbia tion because I am sure her experience in their retirement. In fact, for thou- (Ms. NORTON) is recognized for 5 min- is not unique. sands of dedicated men and women of utes. While sadness comes with the loss of our clergy, pension plans are just as (Ms. NORTON addressed the House. each soldier, we can have faith in our important, if not more so, as they are Her remarks will appear hereafter in military commanders and in our Com- to members of the laity. the Extensions of Remarks.) mander in Chief. Coalition forces con- Yet for far too long, Congress has un- f tinue to make good progress towards intentionally failed to update church EXCHANGE OF SPECIAL ORDER our objective of ending the Iraqi re- pension laws making it more difficult TIME gime, freeing the Iraqi people, and dis- for clergy and other church employees arming the country of weapons of mass to maximize their retirement savings. Ms. WOOLSEY. Madam Speaker, I destruction. It was in this cause that Madam Speaker, one arcane, yet im- ask unanimous consent to take the Michael gave his life, and it is a worthy portant, provision of our security laws time allocated to the gentlewoman cause. allows corporate and other secular pen- from the District of Columbia (Ms. Secretary Rumsfeld said this past sion plans to band together into what NORTON). weekend that there are difficult days are called collective trusts. These The SPEAKER pro tempore. Is there ahead. We know this in Palm Bay, as trusts allow pension plans to pool their objection to the request of the gentle- we are experiencing it firsthand. To the assets for investment purposes in var- woman from California? extent that the Republican Guard ious stock and nonstock interests. For There was no objection. poses difficulties, which we expect example, some collective trusts invest f them to, there will be dangerous days in real estate or private investment op- ahead, Mr. Rumsfeld went on to say. portunities. They represent a way for FIGHT FOR OUR VETERANS Baghdad may not be easy, but the out- pension plans to diversify their invest- The SPEAKER pro tempore. Under a come is certain and at some point the ments and to share the risks and trans- previous order of the House, the gentle- Iraqi people will end up fearing Sad- action costs with other pension plans. woman from California (Ms. WOOLSEY) dam Hussein and his regime less and Collective trusts are not the problem. is recognized for 5 minutes. they will end up anticipating liberation The problem is current law prohibits Ms. WOOLSEY. Madam Speaker, in and freedom more; and it will end and the Christian Brothers Church in Iraq our Nation is creating 300,000 new it will end successfully. Romeoville, Illinois, along with thou- war veterans. As these future veterans The true nature of the Iraqi regime is sands of other church pension plans are fulfilling their duty to America in being revealed by what we see. Brutal across the country, from participating time of war, we must commit to fulfill treatment of POWs; use of human in collective trusts. As a result, church our responsibilities to them in times of shields to protect military assets from pension plans cannot pool their assets peace. But instead, the Bush adminis- attack; the torching of oil fields which and reap the benefits of collecting buy- tration recently saved $388 million by

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.085 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2559 eliminating 174,000 veterans from eligi- large tax cut. If we cut money for vet- The dollar has already significantly bility in the VA health care systems. erans, we should be ashamed, all of weakened this past year, and this trend Some might say that that is fiscally America should be ashamed. Veterans will surely continue. A weaker dollar responsible; but I say it is absolutely deserve to be one of this Nation’s num- requires that we pay more for every- dishonorable. ber one priorities. I urge my Repub- thing we buy overseas. Foreign bor- While we are warring in Iraq, this lican colleagues in this House to re- rowing will eventually become more House is engaged in a debate on wheth- member that. Veterans are fighting for difficult, and this will in time cause in- er to give Americans who earn more us. We must fight for them. terest rates to rise. Be assured that do- than $1 million a year a tax cut of al- f mestic price inflation will accelerate. most $90,000 each, while just two Economic law dictates that these months ago President Bush decided AMERICA MUST NOT ALIENATE events will cause the recession to lin- that veterans earning more than $29,000 ITSELF ger and deepen. a year do not need America’s help get- The SPEAKER pro tempore. Under a My humble advice, consider being ting health care. previous order of the House, the gen- nicer to our friends and allies. We need Where are our priorities? Giving tleman from Texas (Mr. PAUL) is recog- them more than we can imagine to fi- money to the richest of the rich while nized for 5 minutes. nance our war efforts. There is more to taking services from the bravest and Mr. PAUL. Madam Speaker, this it than passing the supplemental ap- sometimes the poorest is unacceptable. week we will be working on the $75 bil- propriation. Besides, we need time to Giving the wealthiest Americans extra lion supplemental appropriations to get our financial house in order. An- spending money should not be the first pay for the war. Financing the war is tagonizing our trading partners can priority of this House. But making sure not as simple as it appears. It involves only make that task that much more we give every veteran health coverage more than just passing a piece of legis- complicated. must be. It seems like the priorities of lation labeled as support for the troops. The day will come when true mone- this Congress are all wrong. It has now been fashionable to bash tary reform will be required. Printing We have forgotten about responsi- France and Germany and other friends money to finance war and welfare can bility, morality, and justice. We have if they are less enthusiastic for the war never be a panacea. forgotten our commitment to our men than we think they should be. Yet for- f and women in uniform. We have forgot- eign corporations provide millions of The SPEAKER pro tempore (Ms. ten about human dignity. Finding jobs for American citizens. French GINNY BROWN-WAITE of Florida). Under money for veterans programs is not im- companies alone employ over 400,000. a previous order of the House, the gen- possible. It is a matter of priorities. We There is a practical reason why offend- tlewoman from Indiana (Ms. CARSON) is can pay for concurrent receipt, but not ing the French and others may back- recognized for 5 minutes. if we pass a huge tax cut for the fire on us. (Ms. CARSON of Indiana addressed wealthiest of the wealthy. In 2002 we earned $11.9 billion less the House. Her remarks will appear Families are the glue that make from our investments overseas than hereafter in the Extensions of Re- America strong. We cannot forget the foreigners did here. This is not a sign marks.) sacrifices of those family members who of financial strength. A negative bal- f have supported veterans from the ance on the income account contrib- EXCHANGE OF SPECIAL ORDER homefront. America owes them a debt utes to the $500 billion annual current TIME of gratitude as well. That is why it is account deficit. Since 1985 when we be- Mr. MILLER of North Carolina. so important to fix the survivor benefit came a deficit NATION, we have ac- Madam Speaker, I ask unanimous con- plan which ensures that veterans’ fami- quired a foreign debt of approximately sent to claim the time of the gentle- lies have the resources needed to deal $2.8 trillion, the world’s largest. No na- woman from Indiana (Ms. CARSON). with the death of a loved one. tion can long sustain a debt that con- I am proud to co-sponsor H.R. 548, The SPEAKER pro tempore. Is there tinues to expand at a rate greater than objection to the request of the gen- which would fix the problems with our 5 percent of the GDP. This means we tleman from North Carolina? current system and ensure that sur- borrowed more than $1.4 billion every There was no objection. vivors get the assistance that they de- day to keep the borrowing binge going. f serve. But, Madam Speaker, the Repub- This only can be maintained until for- lican budget resolution is also a slap to eigners get tired of taking and holding REPUBLICAN BUDGET America’s veterans. It cuts over $14.5 our dollars and buying our debt. Bash- The SPEAKER pro tempore. Under a billion from mandatory veterans bene- ing the French and others will only previous order of the House, the gen- fits and another $14 billion in discre- hasten the day that sets off the train of tleman from North Carolina (Mr. MIL- tionary programs; $14.6 billion that economic events that will please no LER) is recognized for 5 minutes. veterans could spend on health care, on one. Mr. MILLER of North Carolina. housing, and feeding their families. In thinking about providing funds for Madam Speaker, we speak of the gen- Every American owes veterans a debt the war and overall military expendi- eration that fought the Second World of gratitude. We must do more than tures, not only must every dollar be War as our greatest generation. The give speeches on Memorial Day. The borrowed from overseas, but an addi- men and women now serving our rhetoric of patriotism is absolutely not tional $150 billion each year as well. Armed Forces, the soldiers now in enough. We must ensure that veterans The current account deficit is now 44 harm’s way in Iraq and Afghanistan, get the services and the resources they percent greater than the military are pretty great, too. They are dedi- have earned and the resources and the budget and represents the amount we cated and courageous, and I am proud services that they deserve. Let us also must borrow to balance the accounts. of them. make sure that disabled veterans re- The bottom line is that our inter- I am not proud of the budget that ceive the retirement pay along with national financial condition is dire and this House passed less than 2 weeks ago disability compensation. It is an issue being made worse by current inter- in the dead of night, however. The of fairness and our veterans deserve national events. budget makes severe cuts in benefits better than what we are giving them. It is true that military might gives a for our veterans, benefits that our Na- This is money that should serve those boost to a nation’s currency; but this is tion has seen as simple gratitude for that have served America. This is not permanent if fiscal and monetary more than a century, as the least that money that would go to our soldiers policies are abused. Currently, our we could do for those Americans who fighting today in Iraq and Afghanistan. budget deficits are exploding, as there defend our freedom at the risk of their This is money that veterans have been is no restraint on spending. own lives. promised and that veterans deserve. The House budget cuts veterans bene- Unfortunately, this money is being b 1645 fits across the board, health care bene- denied to veterans so that the wealthi- No one can guarantee permanent fits, disability benefits, survivor bene- est Americans can get an obscenely military superiority. fits, pensions, everything, a total of $28

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.088 H01PT1 H2560 CONGRESSIONAL RECORD — HOUSE April 1, 2003 billion in cuts over the next decade. In out to do what is necessary to keep Steven and Tammy Sue Smith have my State, in North Carolina, more that ranch going, as it has been going concern for their property and for their than 30,000 veterans will be pushed out, and has been running for someone’s children and for the safety of their forced out of the VA system. Tens of parents, grandparents, and generations family. This concern is not misplaced thousands more North Carolina vet- on back. It is a beautiful life, as they nor is it exaggerated. erans would face sharply higher costs. say, and as the movie title goes. I will cite a few examples of the very The budget cuts benefits when needs Then one day, picture this. One day a direct and dangerous encounters that are increasing. World War II veterans person gets up, but their whole life is the Smiths and their children have had and Korean War veterans are aging. completely turned around because of on their own land. Remember, that this Their health care needs are pressing, something that has happened, a change has only really happened to them in and Vietnam veterans are just behind in the environment I guess one might the last several years. them. There are already waiting lists, say. Imagine finding that across the The Smith ranch is a popular travel and those lists will only grow longer, if land people are coming, and people are route for people smuggling and drug the benefits are available at all. coming in very large numbers. People smuggling because of the very moun- The men and women in uniform in are coming by the hundreds, by the tainous terrain. The hilly and rocky Iraq and Afghanistan must see this thousands. People are cutting the terrain makes it harder to track the budget and wonder if our praise for fences in order to get on the land. Peo- trespassers and harder to see them and them today is simply hollow rhetoric ple, once they get on to the land, are apprehend them. Thus, the Smith fam- intended to score political points, not a defecating in the water supply and/or ily finds itself a major thoroughfare for sincere appreciation for their service. breaking the water valves. This is, re- hundreds of illegal aliens and drug The House budget walks away from our member, the middle of the desert, and smugglers every month. debt to veterans so we can cut taxes. the water there is the most precious Shaye Lynn, when she was 12 years I know that I am not the first today commodity imaginable. old, was driving with her grandmother to point out on this floor how lopsided Imagine them strewing trash all over across their own ranch to feed some that tax cut favors the richest Ameri- the ranch so that the cattle begin eat- cattle. They were confronted on the cans. I know that I am not the first to ing some of this trash and eventually road by a car with two illegal aliens point out that Americans making more die. who subjected them to threats of vio- than a million dollars a year get a tax Imagine being threatened by these lence. Fortunately, they were able to cut of $90,000, but ordinary Americans people who are crossing the land. Land, essentially outrun the pursuers. Their fare much less well. Half of North Caro- remember again, land on which you vehicle made it to safety. lina families get less than $100 a year. have been for six generations, but your Steven, the dad, almost died 2 years One-third of North Carolina families children all of a sudden are afraid to go after he contracted a very serious ill- get nothing at all. to their grandmother’s house because ness after coming in contact with a ca- Madam Speaker, the Americans who of the danger that exists in moving daver on his land, and the doctors would benefit the most from proposed just a few miles across the land. asked him if he had, in fact, done that, tax cuts owe the most to our veterans, This is the situation that Steven and if he had come across something like and the veterans who need their vet- Tammy Sue Smith are facing. The that, because they told him that they erans benefits the most would benefit Smiths own and operate a cattle ranch were encountering many strange dis- least from the proposed tax cut. The majority party is now saying located only 30 miles north of the U.S.- eases for which they did not have any that they did not really mean it, they Mexico border. This is their family. sort of treatment, and they did not had their fingers crossed behind their There are, as I say, six generations of know essentially what to do. backs the whole time. They knew the owners of this particular property. Their son Will rolled his pickup Senate would put veterans benefits Like many other ranch families in Ari- truck in avoiding hitting two illegal back into the budget and that they zona, their family has been there aliens who tried to hijack him by plac- would go along. Just minutes ago, the longer than Arizona has been a State. ing large boulders in the middle of the majority party voted to repudiate the The Smiths have three children: two road. I have seen this out there. They, very budget that they adopted less sons, Chance, 17, and Will, 15, and one in fact, will use either boulders on the than 2 weeks ago. daughter, Shaye, Shaye Lynn, that is road or sometimes they will cut down a Veterans deserve better than that to say, 14. All three children live and tree, cut down a large saguaro cactus kind of political double talk. There work on the ranch while attending laid across the road, and then when should not be bargaining chips and school. people stopped, they are hijacked. This back-room budget deals between the Over the past several years, the is on a little, tiny, dirt road in the mid- House and Senate. They have earned Smith family has had to deal with an dle of nowhere. better than that. invasion of thousands of illegal aliens Will and Shaye were able to identify Madam Speaker, I do not believe that trespassing over their ranchland. Not a man on America’s Most Wanted one the House budget adopted less than 2 surprising when we consider that in night based on the appearance on their weeks ago reflects our Nation’s values. one month alone the Tucson sector, property a few weeks earlier. He had I do not believe that we have become a which is the area in which this par- demanded food and then tried to steal Nation of ingrates. ticular ranch exists, reported that they two horses. America’s Most Wanted de- had, in fact, stopped or identified or scribed this man as one of Mexico’s f collected 23,000 illegal aliens. That was most dangerous coyotes, the thugs who ILLEGAL IMMIGRATION in the month of November, last. smuggle people across the border for The SPEAKER pro tempore. Under a Also, remember that they even admit money. previous order of the House, the gen- that they get one in five. So, in the On another occasion, the Smith fam- tleman from Colorado (Mr. TANCREDO) Tucson sector, where this ranch exists, ily observed a group of 32 aliens cross- is recognized for 5 minutes. 100,000 people came across that border ing their lands very near their house. Mr. TANCREDO. Madam Speaker, I from Mexico and into the United They tracked them and were able to would urge my colleagues to consider States illegally, and many of them stop 27 of them and were able to detain and to just picture something with me, came across this ranch. them until the Border Patrol arrived. and that is, picture a life in rural Ari- Since September 11, as security at One, who appeared to be of Middle zona, a life that is in the one of the ports of entry in and around cities has Eastern descent, was later found to most bucolic settings one can possibly stepped up, the flow of illegal aliens have been from Guatemala. This is also imagine, the beautiful desert, a life has shifted to the public and private very typical. where a family has been operating a rangeland where countless miles of bor- These people are homeland heroes, ranch for generations, as a matter of der are marked by barbed-wire fences and we should not forget them, and we fact, six generations. and little else. There this open range- should hold them up in high regard be- Imagine waking up every morning to land is rapidly becoming one of Amer- cause they truly are on the front line that kind of an environment and going ica’s most dangerous doorsteps. of an invasion.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.091 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2561 EXCHANGE OF SPECIAL ORDER Mr. LANGEVIN. Madam Speaker, I show our Armed Forces and veterans TIME rise today as a proud American and that they are not second-class citizens Ms. HARMAN. Madam Speaker, I ask member of the House Committee on and that we value their efforts and sac- unanimous consent to claim the time Armed Services to strongly condemn rifice. This motion to instruct passed of the gentlewoman from Texas (Ms. the cuts to our veterans health care today, and I will continue to fight for JACKSON-LEE). that were pushed through in the House our veterans just as hard as they have The SPEAKER pro tempore. Is there budget proposal for fiscal year 2004, and fought for us. It is the very least that objection to the request of the gentle- that we thankfully restored today they deserve. woman from California? when we voted overwhelmingly to in- f There was no objection. struct conferees to prevent those cuts The SPEAKER pro tempore. Under a from being considered by the con- f previous order of the House, the gen- ference committee. tleman from California (Mr. SCHIFF) is HONORING OUR VETERANS It is outrageous that upwards of 90 recognized for 5 minutes. The SPEAKER pro tempore. Under a percent of the mandatory spending (Mr. SCHIFF addressed the House. previous order of the House, the gentle- that would have been cut came directly His remarks will appear hereafter in woman from California (Ms. HARMAN) from programs that provide service- the Extensions of Remarks.) connected disability and education is recognized for 5 minutes. f benefits to our Nation’s bravest citi- Ms. HARMAN. Madam Speaker, ‘‘let The SPEAKER pro tempore. Under a zens. These programs are the heart of us strive on to finish the work we are previous order of the House, the gentle- the Veterans Administration, and in in, to bind up the Nation’s wounds, to woman from New York (Mrs. MALONEY) fact they are the very reason the VA care for him who shall have borne the is recognized for 5 minutes. battle and for his widow and his or- was created. (Mrs. MALONEY addressed the The across-the-board cuts did not phan,’’ so Abraham Lincoln reminded House. Her remarks will appear here- stop there. Discretionary funding, the Nation at his second inaugural. after in the Extensions of Remarks.) Regrettably, Congress is poised to which includes veterans health care, f forget those who bore the battle, the was also grievously cut by $14.2 billion The SPEAKER pro tempore. Under a widow, the widower and the orphan. over the next 10 years. Health care To finance a huge and ill-timed tax takes up 96 percent of that spending, previous order of the House, the gen- cut, the House recently passed a budget meaning we were slashing at least $1.63 tleman from Hawaii (Mr. CASE) is rec- resolution that calls for cutting the billion per year in health funding. At a ognized for 5 minutes. (Mr. CASE addressed the House. His Veterans Affairs budget by $15 billion time when this Congress is searching remarks will appear hereafter in the in benefits and health care. It also calls for ways to provide better health pro- Extensions of Remarks.) for huge cuts to Medicare and Med- grams, like a prescription drug benefit icaid, two health programs critical to to seniors, how could we have justified f the well-being of many veterans and cutting into successful programs vet- The SPEAKER pro tempore. Under a their spouses. erans currently receive? Many of these previous order of the House, the gentle- This is not the appropriate way to men and women would have no choice woman from Oregon (Ms. HOOLEY) is honor the men and women who bravely but to turn to Medicare because of our recognized for 5 minutes. defended our freedom nor is it the way actions; and until the Spratt amend- (Ms. HOOLEY addressed the House. to honor the men and women currently ment, which was passed today, and Her remarks will appear hereafter in in Operation Iraqi Freedom, nor those spearheaded by so many of my col- the Extensions of Remarks.) like 22-year-old Marine Lance Corporal leagues on the Democratic side of the f Jose Gutierrez from the small town of aisle, Medicare itself would have been The SPEAKER pro tempore. Under a Lomita in my district who was killed cut as well. previous order of the House, the gen- in action there. The path this House almost chose to tleman from Washington (Mr. INSLEE) Madam Speaker, honoring our vet- embark upon is even more troubling is recognized for 5 minutes. erans is a lifelong commitment, begin- given the action our military is now (Mr. INSLEE addressed the House. ning with the warm welcome upon engaged in overseas. Our courageous His remarks will appear hereafter in their return from war. It continues servicemembers are engaged in dan- the Extensions of Remarks.) when we fly the POW-MIA flag, when gerous combat, and a number of them f we care for our veterans and their fam- will inevitably sustain injuries. Madam VETERANS ilies and, ultimately, when we lay Speaker, I will not return home and them to rest with appropriate remem- tell the brave men and women and fam- The SPEAKER pro tempore. Under a brance and tribute. ilies of those deployed overseas that we previous order of the House, the gen- Madam Speaker, deeds must match are not doing everything in our power tleman from Ohio (Mr. STRICKLAND) is words. Our budget resolution must re- to support them when they return. We recognized for 5 minutes. store funding for valued veterans pro- have promised these benefits again and Mr. STRICKLAND. Madam Speaker, grams. To honor these veterans, our again as the very least we can do to I rise this evening to talk about our deeds must fund their services. repay the risk and sacrifice the men veterans, the way we are treating our veterans; and I would like to give a lit- f and women of our Armed Forces make on a daily basis. We must not break tle history of what has happened in the b 1700 that promise now. recent past. The SPEAKER pro tempore (Ms. I choose to show our servicemembers Until about 1 year ago, the veteran GINNY BROWN-WAITE of Florida). Under that I support them and will continue that went to one of our VA hospitals or a previous order of the House, the gen- to support them when they return our clinics to get medication was ex- tleman from California (Mr. FILNER) is home from combat. I want them to re- pected to pay $2 in copayment for a recognized for 5 minutes. main confident that they will be cared prescription. That, unfortunately, was (Mr. FILNER addressed the House. for should they be injured. I want the raised; and veterans across this coun- His remarks will appear hereafter in families to know that they will not be try are aware of the fact that they are the Extensions of Remarks.) abandoned should, God forbid, their now required not to pay $2 per prescrip- f loved ones not return home to them. tion copayment, but they are required Madam Speaker, the Republican to pay $7 per prescription. I thought TREATMENT OF VETERANS IN FY budget resolution did none of these that was an unwise decision on the part 2004 BUDGET RESOLUTION things and must be improved. We took of the VA, and I introduced legislation The SPEAKER pro tempore. Under a that step today. Earlier today I voted to repeal that increase and to return it previous order of the House, the gen- for the Spratt motion to instruct con- back to the $2 per prescription level. tleman from Rhode Island (Mr. ferees to eliminate proposed cuts in so I was absolutely shocked when the LANGEVIN) is recognized for 5 minutes. many programs vital to veterans to President sent his budget to this House

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.093 H01PT1 H2562 CONGRESSIONAL RECORD — HOUSE April 1, 2003 and in the President’s budget he re- that we would be pursuing these poli- veterans of Vietnam added ‘no value,’ quested that that copayment not be $7 cies at this time, especially at this no advantage, really, to the United a prescription but increased to $15 per time, when we have so many of our States Armed Services,’’ a comment to prescription. Think of that. At a time young men and women in harm’s way. which this President and my Repub- of war, when we are creating more vet- I believe the best way to honor those lican colleagues remain silent on, as if erans, when we mouth the words in this who are fighting for us today is to show to give credence to these ludicrous and Chamber about how thankful we are deep respect and to keep our promises untrue remarks. Unfortunately, these for those who have fought past battles, to those who have fought our past comments were less a slip of the that we would actually take an action wars, the people that Tom Brokaw and tongue and more a precursor of this ad- that could increase the cost of medi- others have referred to as the Greatest ministration’s attitude towards Amer- cines for veterans who need those Generation. ica’s veterans. medicines, veterans who have served I think the American people need to For example, on January 16 of this this country with honor, veterans who be aware of some of the things that I year, the VA announced it was cutting may be on fixed incomes. have talked about this afternoon. I health benefits for 174,000 veterans, in- Now, perhaps if a veteran only has could go on, because the shortchanging cluding 13,000 veterans in my home one prescription, a $15 copay would be of our veterans is something that is a State of New York, citing the high cost tolerable. But many of our veterans get deep problem. It is contradictory to of care. They said this would affect 10 or more prescriptions per month. much of what is spoken in this Cham- only those 174,000 veterans in the high- Fifteen times 10 is $150. I am shocked ber. est income brackets, usually consid- that this administration, that this f ered between $30,000 and $35,000 annu- President, at a time when he and the ally. Just days later, though, the ad- VETERANS leadership of the other party are trying ministration released its budget, pro- to give a $726 billion tax cut that will The SPEAKER pro tempore. Under a moting an elimination in the tax divi- mostly go to people who are already previous order of the House, the gen- dend that would benefit mostly Amer- reasonably wealthy, that we would at tleman from New York (Mr. CROWLEY) ica’s richest 5 percent, those making in the same time want to place an addi- is recognized for 5 minutes. excess of several hundred thousand dol- tional burden on our veterans in terms Mr. CROWLEY. Madam Speaker, I lars a year, well above the threshold of the cost of their prescription medi- rise to address the vital needs of Amer- for rich veterans of $30,000 to $35,000 a cations. It does not make sense. ica’s veterans, both of past wars and of year. But, Madam Speaker, it gets worse. our future veterans from the current 1715 The President, in his budget, also asks war. b that we impose a $250 annual enroll- I voted to give our President the au- This follows a 350 percent tax in- ment fee on many of our veterans just thorization to use force against Sad- crease levied by the Bush administra- to participate in the VA health care dam Hussein, recognizing Saddam’s tion against the veterans in the 2003 system. Think of that, an increase in threat to both global and international fiscal year budget. cost for prescription drugs from $7 to security, his support of global ter- In the President’s 2003 budget, our $15 and an imposition of an annual $250 rorism, and his mad desire to create President more than tripled the pre- enrollment fee. But it gets worse. The and undoubtedly use weapons of mass scription drug copayment for veterans VA also, under the direction of the destruction. That said, whether we while also demanding the authority to President and the Secretary of Vet- voted to approve military force against raise it again if he deems it necessary. erans Affairs, has imposed what is, for Iraq or not, the time for that discus- But this attack on our veterans hit a all practical purposes, a gag order on sion has passed. Our troops are abroad, crescendo 2 weeks ago with a Repub- the VA health care providers. They are they are fighting as we speak, and we lican budget that was to cut $15 billion no longer able to market VA services support them there and hope that they from veterans disability payments and to our veterans. will return home quickly and safely. pensions and almost $900 million from In other words, this Congress has My Republican colleagues have tried VA hospitals. passed legislation guaranteeing certain to use this conflict to paint Democrats The Disabled American Veterans or- benefits to our veterans. Some of those as unpatriotic, trying to say if we op- ganization stated it best by asking the veterans may not be aware of what pose the war, we are against the cause gentleman from Illinois (Mr. HASTERT), they are legally entitled to receive, but of America. They forget that many of ‘‘Has Congress no shame? Is there no the VA is prohibiting the health care those who oppose this war are veterans honor left in the hallowed halls of our providers from proactively spreading themselves, veterans who know the government that you choose to dis- the word informing veterans as to what pains of war better than many of those honor the sacrifices our Nation’s he- they are entitled to receive. Very spe- who would malign them. And just as roes and rob our programs, health care cifically, they have been told they can- importantly, these people, our vet- and disability compensation to pay for not make public service announce- erans, understand what it is like when tax cuts for the wealthy?’’ ments about VA health benefits pro- one returns home from battle. What we Again, after much pressure from grams. They cannot send out news- have seen from my colleagues on the Democrats and veterans service organi- letters describing benefits and encour- other side of the aisle and from this zations, the Republicans redrafted aging veterans to participate. And, White House with respect to veterans, their budget to paper over these cuts, quite frankly, most participation in in my opinion, is appalling. waiting for action from the Senate. health fairs has been prohibited. Our President cautions the loyalty of They did not remedy these cuts to pro- I think these actions are shameless those who do not walk lockstep with vide new money for veterans; they just and shameful. I just simply do not un- him on the issue of war but then turns said they would wait for the Senate to derstand. We are a wealthy country. his back on our military as soon as take action. In fact, this afternoon the We are so wealthy that we are taking they return to our shores as veterans. Republicans repudiated their own our Federal resources and we have de- Our President has dismissed centuries- budget by voting on a Democratic mo- cided to give those resources in the old health care entitlements to vet- tion to strip out all $14.6 million of Re- form of tax breaks to some of the rich- erans with the stroke of a pen, while si- publican cuts from veterans programs est people in this country. Millionaires multaneously hitting them with in- regardless of what action the Senate and billionaires will get up to a $90,000 creased taxes on their prescription may or may not take. per-year tax cut; but at the same time, drug benefits. It is my hope that this new-found re- we are asking our veterans to pay more With respect to the care and treat- ligion by the Republicans is a serious for medicine, to pay an annual enroll- ment of America’s veterans, the Presi- commitment and not just a cheap April ment fee, and we are prohibiting the dent’s rhetoric does not match reality. Fool’s joke. marketing of veterans services. It was offensive enough when our Sec- But there is little reason to be opti- This is just shameful. I do not under- retary of Defense Donald Rumsfeld mistic about the Republican actions stand it. I simply find it incredulous stated that, and I quote, ‘‘The drafted today. America has seen Republicans

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.101 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2563 drop veterans from what was once a billion to several hundred billion, de- not have the money to pay for the bills guaranteed health care system, in- pending on how it is evaluated. today, we spend negatively, we borrow crease veterans prescription drug co- So first we had the collapse of the money and we create longer-lasting payments, and propose massive cuts to dot-coms and the stock market, and debt. A lot of Americans ask, are we veterans pensions and health care. In then we had 9/11. facing a skyrocketing debt. That again fact, there has been no outrage by the Just about the time we were to come is an interesting question that deserves Republicans over these actions against into a recovery, then the corporate an answer. our veterans, but cut their tax in half, scandals, the governance issues of Looking at the next chart, we again and we can hear their scream of pain. Global Crossing and Enron and other see the median line of 42.9 since World Actions speak louder than words, and corporations that had misused their ac- War II, and we find that our debt is ac- so far, this Congress has shown regard- counting methods did not actually tually quite low, somewhere around 36 less of what they say, in fact they have cause that much financial difficulty in percent. The projections there from no shame. Unfortunately, it appears the market, but actually did affect the 2002–2007 would show that if the projec- that the Republicans are once again confidence. So we found that our econ- tions are right that come from the playing an April Fool’s joke on our vet- omy went into slight recession that economists, if we do in fact pass the erans, and this is not a laughing mat- was accentuated by later factors. tax relief, if we do in fact cause the ter. Those factors are the reasons that we economy to grow, that we can hold our are running deficits today. f debt at the level of 36 percent. If we look at the next chart, Mem- After World War II, our debt was al- CONDITION OF THE U.S. ECONOMY bers can see the revenue line. This is most 100 percent. Japan today has a The SPEAKER pro tempore (Ms. revenue and taxes, and we see the bulge debt of almost 160 percent. Our debt is GINNY BROWN-WAITE of Florida). Under there in 2000–2001. It is interesting to approximately $3.8 trillion. If we had the Speaker’s announced policy of Jan- note, if we were able to extend this line the same percent of debt as Japan, uary 7, 2003, the gentleman from New directly up, we would find that in fact then we would have $17 trillion. As we Mexico (Mr. PEARCE) is recognized for our tax revenues are actually very sta- look at some of these numbers that 60 minutes as the designee of the ma- ble, but our capital gains in that period come from other developed economies, jority leader. where it deviates upward, were cre- then we begin to put our numbers into Mr. PEARCE. Madam Speaker, we ating an anomaly, a bubble in reve- perspective. have been talking about the budget in nues, that could not be sustained; and Madam Speaker, I would say that, so this body for several weeks now. As I when the market collapsed back down, far, the discussions that come from our visit back in the district, I find it in- then our revenues fell right back in colleagues on the other side of the aisle structive to deal with the questions line with the predetermined historic are intended mostly to cause alarm that the voters are bringing to me, and perspective that we had established. rather than to cause understanding. I That is an interesting note because so I have brought a series of slides to- would say that right now our debt serv- people want to assume that our econ- night where we can discuss the budget, ice, that amount that we pay for the omy is in bad shape, and our friends on take a calm look at it, look at some of debt is at an historic low. It is approxi- the other side of the aisle talk in hor- the factors that surround it and help mately 3 percent of our budget. rific, frightening terms to people, who voters make an assessment of the truth So if we have a period of deficits and are just paying their rent every month, on the budget and the condition of the we have a period of debt, why are Re- about how desperate our economy is U.S. economy. publicans calling for spending cuts? and the reasons for it. I think this First of all, one of the most pressing The next chart would show us that one chart begins to show that we have been questions is a concern of exactly what of the critical elements, one of the quite predictable except for a little bit is the state of the economy today. I critical measures that most economists of a bubble that was on the positive have got a chart here that shows the agree on is that the level of growth in side, frankly. last 10 years of gross domestic product People want to know why are we run- the private economy is going to be cre- in the U.S., and we see a fairly con- ning deficits. The deficits are caused ated by the level of spending as a per- sistent line of, generally, a 4.9 percent because we oriented our spending to an cent of our gross domestic product, average. We had a slight recession in increased revenue that could not be that is, how much the government the period that I have marked here, sustained, and now that our revenue spends as a percent of the overall econ- 2001. It does not show up on the chart, has collapsed back down, we have got a omy in the United States should fall in but if we had an expanded chart, we problem with our spending exceeding a target of anywhere from 16 to 22 per- would see that the recession flattened the revenues that we are bringing in. cent. As it exceeds above that, we find out and caused a depression in the re- That is the short answer to why we stagnation. We find that capital is not ceipts into the treasuries of the United have a deficit. available for reinvestment by private States. People want to know, are we running firms because they are having to com- So basically, we can say overall that historic high deficits. They are hearing pete with the Federal Government, and the economy in the United States is the talk coming from Washington, and we find that new jobs are not created. solid, it is in good shape. But people it causes fear among people who do not We in this body have opted to keep want to know exactly why did we go watch these figures closely. If the post- our spending within restraints, under- through this period in the last couple war average of 1.5 percent, the red line standing that if we just continue to of years. across here, is looked at, we can see spend without the tax revenues, that First of all, the stock market back that our deficits right now are nowhere we will actually cause a dampening ef- with the dot-com expansions, we found near historic highs. fect in our economy. And so a lot of stocks that were overvalued. They We also see that our surpluses in the people ask that question, and it is jus- were based not on recognized profit or period that just preceded us, our sur- tified to ask why we would be seeking recognized product, but on the hopes pluses actually reached a very high budget cuts at a time like this, and it and on some speculation. The stocks level, but they were artificial, created is because we need to maintain that were overvalued, and it was necessary by the capital gains on that over- target in the range of 20–22 percent. We at some point for those stocks to col- inflated stock market. can see from this chart, we have had, lapse back down. They did that and put So again, as we take a patient, hon- historically, far less amounts and far us into a mild recession that would not est look, we see that deficits are exist- greater amounts, but right now we do have lasted very long, except 9/11 came ing, but they do not necessarily mean not have a situation in our economy along. that our economy is in horrific shape that is due alarm. We had a pretty big shock to our or that there is reason for fear and con- There are those who complain that economy on 9/11. Forgetting the human cern. There is reason for fiscal dis- this Congress is cutting budgets tre- impact, just talking about the impact cipline. mendously, that we do not feel the financially on the country, the esti- A lot of people wonder that with defi- needs of those people in society, and I mates range anywhere from a hundred cits, then we create debt; that is, we do have a series of charts all of which are

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.103 H01PT1 H2564 CONGRESSIONAL RECORD — HOUSE April 1, 2003 going to show about the same thing, that we grow our economy. Tax cuts $55,000 and over, pay 84 percent of the that under Republican rule the actual become money that are placed back taxes, that if we are going to give a tax amount spent on many budgets have into the hands of investors. They allow cut that is large enough to create eco- increased dramatically from what it businesses to increase their production, nomic growth and economic stimulus, was previous to Republican control. to increase their employment. The es- that we must give it to the wealthy be- timates if we pass the tax plans that b 1730 cause we are describing as wealthy the President has submitted are that those households of $55,000 and over. I will simply go through these charts we would create 500,000 jobs per year. Mr. Speaker, one of the best exam- and take a brief look at them to get an Those are not insignificant in times of ples of the tax cut will occur with understanding of some of the historic higher unemployment. We must cut small businesses where they will be perspectives in our spending to date. taxes in order to reinvest in our econ- able to write off expense, up to $75,000 We have complaints that we have cut omy to create growth. We are finding of new equipment. As a small business in the agriculture sector, but we see at this point that because of taxes, owner, I know that that single tax cut the spending in 1996 versus 2003. Who many of our corporations are not com- would create jobs. Mr. Speaker, I think among us would say that we are actu- petitive in the international market. I will close with a quote from the Gov- ally penalizing the agriculture market? We are losing jobs because of our tax ernor of New Mexico. Governor Bill I think reasonable people would assure plans which penalize companies located Richardson, a Democrat who served in themselves that we do need fiscal dis- in this country. this body, now Governor of New Mex- cipline and we need to be careful how One of the things that our colleagues ico, says that reducing taxes puts us on we spend our money, but to say that we often talk about is the fact that we had the road to economic growth. have not adequately invested in this corporations that have misused their Mr. Speaker, the other side knows program is lacking in full truth. accounting methods. Enron would be the truth. They use it when it is impor- Similar arguments have been made the example used most often. I would tant for them, but they refuse to dis- about Medicaid and Medicare, that we bring Global Crossing up as an extreme cuss it on the floor of this House in this have restricted spending, that we have example. One of the things that hap- budget. Bill Richardson’s plan this given deep cuts. Again since 1995, about pens when we cause companies to keep year passed in New Mexico’s legislature the time that Republicans took over, cash and not pay out dividends is that reduced New Mexico’s income tax rate we can see the tremendous increase in that cash builds up and there is stimu- by 40 percent from the current 8.2 per- spending in Medicaid and likewise in lation to try to spend it, there is stim- cent to 4.9 percent by 2008. It cuts the Medicare. We again find that we have ulation to try to create different sec- State capital gains tax in half, to 10 had abrupt increases in the level of in- tions of the company that would shel- percent. It offers tax credits to compa- vestment in these programs. If we are ter and hide that cash from taxation. nies opening new facilities in the not getting the output in the programs It would be much easier if we simply State. Richardson agrees that his plan that we need, it is because the pro- gave the money back to stockholders sounds sort of like Bush’s tax-cutting grams themselves have flaws in their in the form of dividends. That par- agenda, and he argues that Democrats design, that the processes in which ticular tax cut, which has been accused nationwide should consider tax cutting they choose how much and to whom to of being only for the extremely a viable strategy. ‘‘We need to stop pay are the problems rather than the wealthy, needs closer inspection. Al- talking about class warfare and the level of spending by the Republican most half of the savings of the dividend distribution of wealth,’’ he said. ‘‘Eco- Congress. taxes would go to seniors 65 and older. nomic growth and reducing taxes puts Much has been made of the situation The average tax saving for seniors re- us on the road to economic recovery.’’ of veterans. Again we would see that in ceiving dividends would be $936 per Madam Speaker, we do not always 1995 we had $20 billion and today we year. More than half of all American get a full and honest discussion in this have $30.6 billion. The slope of the line families today own stock. Eighty-four body. I wanted to share these com- simply tells us that we have increased million Americans are invested in the ments on the budget today. spending dramatically. This one abrupt stock market. Over half receive divi- Madam Speaker, I yield to the gen- drop here is simply due to an account- dends. Over half of the ones who re- tleman from Florida (Mr. FEENEY). ing anomaly where we had 13 payments ceive dividends have an income level of Mr. FEENEY. Mr. Speaker, I wanted in this period and 11 payments in the less than $50,000, but that story is not to come down to congratulate the gen- other period, and so those would even told in this body, Mr. Speaker. tleman from New Mexico for his advo- themselves out to show a fairly steady That story is not told because we are cacy for fiscal responsibility and his increase of almost 5.1 percent per year. not always after the truth in this body, advocacy for taxpayers throughout President Clinton before he left office that we want to create fear and that we America. I have been struck by the expanded the number of people who are want to create illusions. But the truth same sort of surreal, almost bizarre, able to tap into the veterans system. is that many, many Americans would arguments against this budget that the Prior to his regulatory change, vet- benefit from this dividend tax cut, the House has put together at this point erans who were disabled in the line of creation of jobs, the return of dollars and they seem to be in two categories duty were able to collect benefits, but to Americans. The fact that we are one that the gentleman has identified: those who were disabled in some other of the last three countries in the world number one, that we are having Draco- way were not allowed to collect bene- that causes double taxation of divi- nian cuts in the budget; and, secondly, fits. That one change has created a tre- dends cannot be overlooked. that somehow this tax cut proposal, mendous demand for services that did Mr. Speaker, I stand fully in support the stimulus package, is designed to not previously exist and so you can see of the President’s tax cuts that would help the wealthy in America. that we are investing almost one-third give 46 million married couples an im- With respect to the first provision, I more in the past 6 years, but the drains mediate check for $1,500 and continue would suggest, Mr. Speaker, that the on it have kept the incremental it every year from now on. Mr. Speak- Chicken Littles are out in big-time amounts going to individuals, the er, I stand fully in favor of the Presi- form these days. The sky is falling, the amounts that people feel have been dent’s tax plan which says just repeal sky is falling, Draconian cuts, et kept at a low level because of the in- the estate tax. Ben Franklin said that cetera, when the fact of the matter is I creased demand by regulation change. the only two things in life that are cer- have been hearing this argument for If we have problems with veterans and tain are death and taxes. He never en- about 30, 40 years. I remember watch- if we have problems with other pro- visioned the American Tax Code that ing TV as a small boy when President grams, the problems are problems of would cause them to occur simulta- Ford was a Republican leader in this process. They are not problems of a neously. Mr. Speaker, we hear tremen- House of Representatives, and he was failure to invest. dous comments that this is just a tax accused of cutting the school lunch Many people wonder why we are ask- cut for the wealthy. It is never ex- program. Thirty-five, 40 years later, ing for tax cuts at this time when we plained that the top 25 percent of tax- Mr. Speaker, actually we have an obe- have deficits. Tax cuts are the way payers, those people who have incomes sity epidemic in America’s school

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.105 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2565 grounds, unfortunately all too often, in the year 2001 alone. The truth of the rate at the corporate level is some 36.5 and so the truth of the matter is that matter is that we are woefully irre- percent, but even after the corporation whatever Republicans have been cut- sponsible and inefficient. pays tax, it has only got about 65 cents ting in terms of school lunch programs On top of that, what the gentleman or so left, and it pays that out in divi- has not done a very effective job if we from New Mexico knows and that is dends to individual shareholders. Those have been trying to cut off the food never pointed out by the opponents of shareholders may be subject to tax- supply. I would suggest that scaring the President of the United States and ation rates of up to 39 percent. The ef- teachers, scaring parents, scaring chil- his fiscally responsible budget is that fective rate of taxation therefore is dren, scaring veterans, scaring farmers our cuts, the only cuts that we have that the Federal Government takes 70 is the wrong thing to do as a moral po- asked for in this budget, come out of percent of every dollar earned by cor- litical policy; but more importantly it waste, abuse and fraud. We have in- porate investments. No wonder we are is empirically ignoring all of the facts. structed all of the budget draft persons having trouble creating new jobs, new As the gentleman suggested, agri- to emphasize and never touch any of economic prosperity, and new wealth. culture spending in America as a con- the important services provided to our On top of that, of course, there is a sequence of Republican leadership has military veterans, to the education hodgepodge of other Federal taxes that increased from 1996 to the year 2003 system, to the farm system, certainly are owed, State property taxes, State from $6 billion to over $24 billion. Vet- not to homeland security and defense income taxes, State sales taxes that erans medical care from 1998 to 2003 has that each see significant increases. are collected by these corporations. It increased from $17 billion to $24 billion. We have instructed them to cut 1 per- is a very punitive system that has ef- Education spending at the Federal cent out of abusive, wasteful and fraud- fectively stifled much of the potential level from 1998 to the year 2003, under ulent spending. I would submit, Mr. growth. President Bush especially, has in- Speaker, that not one person in my dis- But I will leave the Members with creased from $30 billion to $58 billion. trict does not believe that we could not this last thought. The notion that job Medicare spending has increased in cut one cent out of every dollar spent creation should be continually pun- America from 1996 to the year 2003 at the Federal level. The truth of the ished in America, forever, I think hurts from $175 billion to roughly $240 bil- matter is that only one in 4,000 Federal every family, but I will tell the Mem- lion. employees is ever laid off because of bers that especially in Florida there Mr. Speaker, I am new to Wash- bad performance. People in my district are other portions of the President’s ington; but this is the only place where just do not believe you cannot find tax cut program that make dramatic you can increase your budget an aver- more bad performance than that, and differences. age of 5, 6, 8 percent a year and people they just do not believe that we cannot We have got some 92 million Ameri- will call it a Draconian cut to punish find one cent out of every dollar in ter- cans that earn dividend income. We seniors. As a matter of fact, total dis- ribly wasteful and abusive spending. have got millions of families that will cretionary spending since 1996 when I think the gentleman did a wonder- receive a huge benefit from the in- Republicans took the leadership here ful job talking about the importance. If crease in the child credit. We have got has increased from $501 billion in pro- we want to get this economy moving small businesses that, as we expand the grams throughout the budget to over again, we have got to support the deduction for buying new equipment, $740 billion. Those are hardly cuts. As President’s tax proposal and stop all of will be huge beneficiaries. As we phase everybody that can do math knows, this demagoguery. I applaud the gen- in the 10-year tax cuts on marginal this is an increase, the overall spending tleman. I do not know how he and rates, all sorts of families will save proposed by House leadership and the other Republican leaders were able to thousands of dollars. House of Representatives as a whole, of convince a Democratic policymaker, The final thing I will leave the Mem- over 3.1 percent during tough economic the distinguished Governor of New bers with is that the Democratic so- times. It comes in the aftermath of Mexico who happens to be a Democrat, called tax cut proposal allows the aver- really what is soaring spending. how you were able to educate him in age family to go out and buy a used Indeed, the truth of the matter is terms of the reality of job creation, television set on a one-time-only basis. spending other people’s money is an in- wealth creation, prosperity and invest- The President’s proposal puts an aver- toxicating experience, but it has con- ment; but the quote from him, we need age of between $1,000 and $2,000 in every sequences. It has effects on the average to stop talking about class warfare and working family’s pocket forever, every family. In fact, the Federal Govern- the distribution of wealth, we need to year. It will create jobs, it is will free ment bites out of every family’s budget start talking about economic growth, families, and it is the right thing to do. on average $16,000 per year. That is for and reducing taxes puts us on the road I thank the gentleman from New every household budget in America. to economic growth. Mexico (Mr. PEARCE). That has huge effects. That is $16,000 Mr. PEARCE. Mr. Speaker, I yield to worth of spending that families do not b 1745 the gentleman from Colorado (Mr. get to cut out for their own purposes. I want to endorse the comments of BEAUPREZ). Much of this is in duplicative or super- the governor of New Mexico, and I am Mr. BEAUPREZ. Mr. Speaker, I fluous spending, unnecessary. There is thrilled with the very notion that we thank the gentleman from New Mexico this appetite of the Federal Govern- can go back home to Florida and con- for yielding. ment and bureaucrats and politicians vince some of my friends and col- I have been intrigued by this dia- to be indiscriminately meddlesome in leagues on the Democratic side that we logue about the budget and especially trying to organize our life’s affairs; and can cut taxes and spur economic the economic growth package, so- unfortunately, that stifles all sorts of growth, spur job creation. called, and there are a lot of ideas economic growth, family planning, Here is the bottom-line truth. If we going around on this Hill. I want to business planning, and I could go on. want employment, we cannot punish focus for just a minute on something I have got about five pages of incred- all the employers in our State or in our very near and dear to my heart, job ibly wasteful spending I could go country. If we want job growth, we can- creation. through; but in the interest of time, I not punish the people who are creating I have been in the private sector all know I have some distinguished col- jobs. If we want wealth, we cannot pun- my life and only a brief while in this leagues who would like to address this ish those that are busy creating wealth distinguished body as a Member of Con- matter, I will skip the details. I will for all of us, and if we want savings, we gress. So my mind and perhaps a good say that for example, however, the cannot punish those that save and in- share of my heart is still back home Federal Government cannot account, vest. with the folks that actually are cre- last year alone, for $17.3 billion worth I will leave you with this. I am a big ating jobs and doing the work around of spending according to our own proponent of the President’s dividend this country. records. $17 billion just lost somewhere tax cut. The fact of the matter is that In fact, just this afternoon I had an in the system. The Federal Govern- dividends in America today are taxed electric contractor, electrician, in my ment made $20 billion in overpayments in a very punitive matter. The highest office and he was lamenting with me

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.107 H01PT1 H2566 CONGRESSIONAL RECORD — HOUSE April 1, 2003 the state of things back home, that he would you use that? Yes, he would. keep some. But if they are not very is actually for the first time in many What would you do? Well, he would buy nice, and even if they are wealthy, if years faced with laying people off, with some new equipment. He would buy a they made a few bucks in the process, eliminating jobs. And that is a tragedy badly needed new van. He would buy all of a sudden they are the bad guy because these people that work for some shop equipment; they fabricate a and we are going to either keep money him, he is a small business owner little bit. from them, but if we are going to pass again, they become more than just em- I submit to the gentleman the simple a tax break, we are ‘‘going to give ployees, they become friends; and he facts of life. If somebody is going to them money.’’ knows that laying them off, especially buy something, a washing machine, a It is not giving anybody money to in times like this, is a bad situation drill press, a new computer, that means say that they can keep some of the and it becomes a very personal situa- somebody has to design it. Somebody money they earn, but it is only that if tion. has to fabricate it. Somebody has to we think of it as being all the govern- So I think a concept that has trag- assemble it. Somebody has to ship it. ment’s money to begin with, and that ically been lost in a great deal of this Somebody has to make a box to ship it is exactly what the other side does, dialogue is the one of job creation and in. Somebody has to put it on a shelf. that is how they think about govern- something that we really ought to be Somebody retails it. Somebody deliv- ment: It is all government money. We committed to. And I submit that all of ers it. Somebody installs it. Somebody will let them keep some if they are us from either side of the aisle, all of services it. That creates jobs. That is good. That is what really separates us that run for public office say, we are how America works, and that is what these two sides in this debate, and I for job creation, we are going to do we ought to be about in this body. hope that the people that listen to this that when we get to Congress. If we are And we have got an opportunity not debate understand and really are able ever going to do that, if we are wher- to just stimulate, and I do not like to see that. ever going to really mean it, what bet- that word, not to just stimulate this Mr. Speaker, there was a time when ter time to mean it than right now economy because typically we poke it the leadership in the Democratic Party, not just a single governor like when we see unemployment up, when here and it comes out there, and then Governor Richardson today, but the we see people like my friend from back we will poke back later. We ought to do leadership of that party could actually home in my home district saying he is some sound, long-term economic plan- look beyond the whole concept of class going to have to lay people off, that we ning. That is what we have an oppor- warfare and did not try to incorporate be serious about it? tunity to do here, to incent job cre- that into the philosophy of the Demo- Let me share a couple of statistics ation. with the Members. Relative to this I submit to the gentleman from New cratic Party. And there was a time that the leader much-debated dividend tax elimi- Mexico (Mr. PEARCE) this is a great of the Democratic Party actually came nation, the compelling part of that ar- package. I applaud him for taking lead- to the Congress of the United States, gument, the big part of it for me at ership on the floor of this House to- came to the people of the United States night, and I pledge to him my support least, is the number of jobs that it will and said, You know what we need? You to seeing this economic package pass create. Why would it create jobs? In know what we have to have? We have our society, we typically get what we this body and, hopefully, become the to have a tax cut. Even though we have incentivize, and when we incent capital law of the land. I thank him for yield- got deficits, huge deficits, the way to formation, capital which is critical to ing. get us out of those deficits and back Mr. PEARCE. Mr. Speaker, I recog- the creation of opportunity, the cre- into a surplus is to let the economy nize the gentleman from Colorado (Mr. ation of an expanding economy, the begin to move again, and we have to do TANCREDO). creation of jobs, that is what we will that by giving people tax cuts. get. When we incent it, we will get it. Mr. TANCREDO. Mr. Speaker, I The Members know who that was, of So when we incent the investment in thank the gentleman from New Mexico. course. It was John F. Kennedy, and he capital, the equity side of business, it We have been standing here for some put through a huge tax cut in the face, only stands to reason that we are going time listening to some of our friends on by the way, of large deficits that were to get an expanding economy and jobs the other side of the aisle talk about running at the time; and he did not as a result. what they saw as the doom and gloom talk about letting rich people keep Point of reference: It is estimated in of the tax package of a budget really some of their money. What he said is, this economic growth package that has that allows people to actually begin to we have to allow people to keep some passed this body that, on average, for operate, begin to do things that will of the money that they are laboring for the next 5 years, almost 1 million new bring this economy back. because that is truly what makes an jobs a year will be created. Some have It is amazing. If we had listened for economy hum. And he was right. suggested that this dividend tax elimi- any length of time to our friends on There is another thing that we nation is not a good idea, that it just the other side of the aisle, we would should pay special attention to, Mr. benefits the rich, and I will return to have heard time and time and time Speaker and my colleagues, especially that, that it really will not benefit the again that the following rhetoric; we my colleague from New Mexico, who I average guy. The average guy is ex- would have heard something like this: know understands this issue far better actly who we are talking about here Oh, my God, they are going to take than most of us, and that is the impor- who needs a job. money from the people who are vet- tance of energy production and the im- If we eliminate that, we lose almost erans and children and old people and portance of getting an energy bill 60 percent of the job creation of the everybody we can think of to cast in a through this Congress, the importance economic growth package that we are sympathetic light, and they are going of getting the President’s energy pack- talking about here. We reduce from to give it to the rich. age through. This will do more to that almost 1 million new jobs a year, Give it to the rich, this is a fas- ‘‘stimulate’’ this economy than almost on average, for 5 years to less than cinating way of talking about letting anything else we can doing aside from 400,000. That is tragic. That hits people people keep some of their money, but it letting people keep more of their own right where they live, in their pocket- is exactly what distinguishes the two tax dollars. book, at home, and that will cost us sides in this debate. It really is a great We have to allow for the development jobs which we need. Again, it defies way of explaining how one side of this of the economy and the stimulation of logic why we do that. debate looks at the whole issue of tax- the economy to occur as the result of Another critical piece of this eco- ation and the whole issue of private de- the production of energy resources in nomic growth package, if I might, is velopment, the development of one’s this country. No one, no one, believes the increase in the investment credit own resources and talents. To think that we should continue to rely upon tax deduction for small businesses from that the Government of the United foreign sources for our energy needs. 25,000 to 75,000. Why is that such a big States or any government owns the That is why it is incumbent upon every deal? My electrical contractor again, I money to begin with and that they, if single one of us in this body to do ev- asked him, If you had the option, they are nice, we are going to let them erything we can to put an energy bill

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.108 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2567 in front of the President, let him sign energy prices are going up. We find income taxes that need the help. With- it, an energy bill that will begin to ex- that OPEC ministers are holding us in the energy policy there is a tax cred- plore the resources that are available hostage, and yet this Congress and this it for marginally producing wells. It in the United States, the coal, the gas, country does not have an energy pol- could replace as many as 140,000 barrels the oil resources available to us here icy. Oh, it may not be the most sexy of of oil a day, oil that we will not have while simultaneously researching what issues, because every time the gasoline to bring in from places like Iraq. is available to us in alternative re- price in this country goes down, people Energy debt. That is what we are sources and the use of alternative en- go, whew, we solved the problem; now looking at in this country. I brought ergy supplies. we do not have to deal with it. along a picture that I want to show my That is what is desperately needed, But we do. Because there is one thing colleagues real quickly. This is my and I hope we will begin to focus here, that will create a problem more than home State of Montana in the year even for the remainder of the time we any other problem in this world in the 2000. These were the fires that burned a have available to us, on this issue of future, and it is not the national debt million acres of properties, a lot on energy, because it is an extremely im- that we talk about, and that is very se- Federal ground. Unfortunately, along portant part of this whole discussion of rious; the national debt can either be with that, animals burned, pastures how we get an economy going again. solved through increasing revenue or burned. We created an unhealthy envi- Mr. PEARCE. Mr. Speaker, in sum- decreasing expenditures. No, the most ronment and rather than doing that, mary, I just would say that, in perspec- serious problem this Nation faces is an we ought to do what other countries tive, people in this city are saying that energy shortage. One day we will not and, in some cases, States that are so the tax cut is just too large, that the have an opportunity to drill one more far ahead of this Nation are doing. original figure of $726 billion over a 10- well or dig one more shovel full of coal. I took a delegation over to Sweden year period, that compares to $120 tril- If we have not done the things, if we last year to look at biomass. They have lion. Mr. Speaker, we are asking for have not put in place the environment cogeneration facilities where they put seven-tenths of 1 cent back in taxes. to create the next generation of energy wood products through those genera- Economists on both sides of the aisle production, then we have done more tion facilities to create energy for declare that this tax cut, this tax relief damage to the next generation, far sur- schools and hospitals. It can be done in package by the President of the United passing anything else that we could America. It is not being done to the ex- States to be the boldest tax plan ever have done with our financial debt. tent that it could be, because we do not presented, that if the dividend tax is Montana, my home State, is known have an energy policy. repealed, it can surge our economy up- as the Treasure State. Why? Because of When is America going to wake up? ward for a 50-year period with an im- the natural beauty, but also the nat- When are we going to say we are not mediate 10 to 15 percent increase in ural resources that we can provide to going to let the opponents stop this stock prices. the rest of this Nation under an energy plan because of one issue or another? policy. ‘‘Oro y Plata’’ is our motto: And energy policy has a never-ending, 1800 b Gold and Silver. We have gold and sil- expansive environment of creating an Mr. Speaker, again, I am going to ver, but beyond that, we have many of opportunity to become energy inde- close with the comments on March 31 the things that this energy policy that pendent to fuel the economy and to of this year from Democrat Governor we are discussing in this Congress have fuel ourselves into the 21st century and Bill Richardson from New Mexico when to offer. beyond. Without it, we are creating an he passed a tax cut in New Mexico: ‘‘We A couple of the ones that are most energy debt, and that is not fair to the need to stop talking about class war- important to my State are clean coal next generation; and shame on us if we fare and the distribution of wealth,’’ he and clean coal technology. The energy do not solve the problem. said. ‘‘We need to start talking about policy talks about the opportunities. I thank the gentleman from Utah for economic growth, and reducing taxes Think about the native Americans in his leadership in the Western Caucus puts us on the road to economic our country. We have reservations in and for giving me an opportunity to growth.’’ Montana that need economic develop- speak today. Mr. Speaker, I cannot say it better. ment. Just in the Crow reservation Mr. CANNON. Mr. Speaker, I thank f alone, they have the potential for 1 bil- the gentleman from Montana for his lion tons of coal, or the Cheyenne res- interest, intensity, and clarity on this ENERGY POLICY ervation, 1 billion tons of coal. issue that is so important to the Amer- The SPEAKER pro tempore (Mr. One of the President’s priorities was ican people right now. MARIO DIAZ-BALART of Florida.) Under hydrogen fuel cell technology. We need I could not help but think as he the Speaker’s announced policy of Jan- electricity to put through the hydro- spoke that, in fact, in America, the uary 7, 2003, the gentleman from Utah gen fuel cells. How can it be created in cost of energy is as regressive as any (Mr. CANNON) is recognized for the re- America? Through coal. I traveled to tax could be. That is that poor people mainder of the leadership hour, which Iceland last year. I watched them want drive cars and rich people drive cars. is now 20 minutes. to become the first nation to be en- Sometimes the cars that are driven by Mr. CANNON. Mr. Speaker, I appre- tirely fossil-fuel free. How do they cre- the rich, though the car may cost ciate the gentleman from New Mexico ate the electricity for their hydrogen more, uses the same kind of gas or even yielding his time back so that we can fuel cell technology? They use water, less gas than an old beater uses. The take a few minutes to talk about en- hydro, their dams. We certainly cannot fact is, the cost of energy is significant ergy policy issues. I would like to im- do that. We need a source, whether it is to the people, even in a regressive way, mediately turn the time over to our natural gas or coal. Montana can fit to all segments of our society. colleague, the gentleman from Mon- into that, but we cannot without the We are speaking today as the West- tana (Mr. REHBERG). incentives that are created in this en- ern Caucus. I want to thank the gen- Mr. REHBERG. Mr. Speaker, I thank ergy policy. We need this bill. tleman from Colorado (Mr. TANCREDO), the gentleman from Utah for yielding Marginal well tax credit. Mr. Speak- a member of the caucus who spoke ear- to me on an issue that is so very im- er, in Montana alone, we have 2,700 lier, and the gentleman from New Mex- portant. shut-in marginal wells. Why? Because ico (Mr. PEARCE). I hope we can get There is an old Chinese proverb that they cannot afford to open them be- back to him. We also are joined by the says, the best time to plant a tree was cause the price of oil is so unstable gentleman from Pennsylvania (Mr. PE- 20 years ago. The second best time is that they do not know that if they TERSON), who is the communications today. Just think back to 1979 when we open it, they will have to shut it down Chair for the Western Caucus and also were standing in line to buy gasoline, immediately or they will lose them. We by the gentleman from Utah (Mr. and some of us from energy-producing are not talking about the major oil BISHOP), who is the secretary of the States said, what happened? Will this companies here. We are talking about Western Caucus. I would like to yield ever happen again? It happened again independents; we are talking about to the gentleman from Pennsylvania in the 1980s. We continually find that Montanans, individuals who pay their (Mr. PETERSON).

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.110 H01PT1 H2568 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Mr. PETERSON of Pennsylvania. Mr. and creates wealth from the ground to between Wyoming, Colorado, and Utah, Speaker, it is great to join my friends the source of use. Many of our best in known reserves, we could probably from the West. I come from western fields, though, in this country, and we drill a total of 100,000 wells that would Pennsylvania where the energy crisis were really putting a lot of horses on make gas available to everybody and started. I live 5 miles from Drake’s natural gas because we have added it to reduce that cost so we are not at $5.70, Well, the first oil well ever drilled. electric generation, are locked up. but back to $2 or so per therm that has The question is, do we need an energy Most of the west coast shoreline is been typical of the last 10 years. policy? In my view, it is the number locked up, most of the east coast shore- Mr. PETERSON of Pennsylvania. But one need of this country. There is no line is locked up. Under the Great so much of those best gas fields are issue that makes this country more Lakes where we drilled down, do not locked up. fragile economically or in our defense even drill down through the lakes is Mr. CANNON. Yes. They are locked than availability of energy. locked up. Canada drills under the up by policy. I might just point out Why do we need to have a policy? We lakes and sells gas to us, and many of that the Constitution gives this body need a policy that will provide us with our best fields in the Midwest and all the control of policy. Anything the ad- ample sources of all types of energy. around Florida are locked up. ministration does is based on delega- There is no silver bullet in the energy Electric generation is today 52 per- tion from this body to the administra- issue. Every time we have an energy cent coal, 20 percent nuclear, 60 per- tion; and that is what we need to look spike in this country, we then have a cent natural gas, 7 percent hydro, and at, and that is what this bill does. It downturn in the economy because of 3 percent oil. So the electric that we takes great strides in turning that the cost that takes out of our econ- supply in this country has basically, in around so that we get that locked-up omy. recent years, all the new electric gas flowing to the homes of people who I want to share with my colleagues plants have been natural gas. Now, I only should be paying $2 per therm in- some numbers that are a little sur- have never been a fan of that, because stead of $5.70 per therm. prising. These are world numbers. We we have always kind of held natural Mr. PETERSON of Pennsylvania. Mr. all think that we are just days away gas back for home heating, for com- Speaker, we only can import gas from from new energy sources that are going mercial and for industrial. And we Mexico and Canada. We can import it to replace fossil fuels. Currently in the found this winter what has happened. from ships, but we only have two ports world, we consume 39 percent, which is Now that we are hooking up these big that can take liquefied natural gas, so oil, 23 percent of energy that is natural generating plants, we had natural gas we are really limited. We are depend- gas, and 23 percent that is coal. Now, prices just a month or two ago that ent on what we can drill. Mr. CANNON. Mr. Speaker, I think when we add those three together, that reached $9 and $10 a thousand, which is we are in fact dependent for heating is 85 percent of our energy is fossil fuel. devastating to those who depend on it our homes with gas on the gas we We have 8 percent nuclear and 7 per- for home heating. cent renewable. Now, renewables are We should be using natural gas for produce here incrementally in Amer- the ones we all hope and support and mass transit and short-term transpor- ica. Mr. Speaker, I yield to the gentleman hope will be the supply of the future. tation, in my view, not for future elec- from Utah (Mr. BISHOP). But let us look at those numbers. tric generation. Hydro is almost half of that 7 percent, I will conclude my comments with b 1815 or 3.22 percent. Wood is .0266 percent, the following: every downturn in our Mr. BISHOP of Utah. Mr. Speaker, I or just under 3 percent. Wood waste is economy has been preceded by high en- thank my senior colleague from my about a half a percent. When we add ergy prices. Home heating and trans- home State of Utah for yielding to me. wind and solar together, we have just portation, when those two costs spike, Mr. Speaker, the gentleman and I over a half a percent of the energy con- it comes right out of the family budg- have been here 3 months. In that time, sumed in this country. Yet, we have a et. Seventy percent of our economy is I have found nothing more exciting lot of people who keep talking like if from commerce, and that is the same than what I wish to speak about today, we would just stop holding back wind family budget. When we have energy the potential of an Energy Security and solar. Folks, nobody is holding spikes for driving our cars and for Act of 2003. back wind and solar. When the wind heating our homes, it will hurt our This country has been for far too does not blow, we have to have a redun- economy every time. We must have an long without a comprehensive energy dant source. When the sun does not energy policy so that we have ample program. With energy prices rising and shine, we have to have a redundant energy supply in this country. our dependence on foreign oil, we need source. And it only blows about 38 per- Mr. CANNON. Mr. Speaker, I thank to find a domestic source of our poten- cent of the time in the areas where the gentleman. I could not help but tial future energy. What this Congress wind power works. So those are not as think today about some of the things needs to do to solve this problem and quick a solution as many people would that the gentleman from Pennsylvania also to eliminate a future crisis is to like to think. just pointed out. When one of my staff- look to the lands that are already con- Now, transportation is where we use ers came in and told me that gas prices trolled by the Federal Government. our oil. Thirty-nine percent of our en- today are up to $5.70 per therm, this is In the coming days, Congress will ergy is oil, and the vast majority of an amazing amount and an amazing have the opportunity to debate the En- that is an oil-based economy: our jump in the springtime when energy ergy Security Act of 2003. Within this transportation system. We have a little demand is down for households, but critical bill is the authorization allow- bit of ethanol which is growing, and we forced up by this steady demand from ing drilling in Section 1002 of the Alas- have a little bit of natural gas in there. large production, energy production fa- ka National Wildlife Refuge. Sixty percent of the oil we purchase cilities. Now, contrary to popular belief, this will soon come from foreign countries, Mr. PETERSON of Pennsylvania. Mr. is not the pristine cathedral of the wil- unstable parts of the world. Speaker, there is not ample wells being derness or the last great unexplored Hydrogen fuel cells, I applaud the drilled in this country to continue to frontier; it is thousands of acres of fro- President. I have been supporting hy- hook up power plants to be produced by zen tundra, uninhabitable, with its drogen for all of my 6 years in Con- natural gas, from all of the experts I greatest summer crop being mosqui- gress. Hybrid cars is another one that have talked to. toes. has hope. But they are a long ways Mr. CANNON. Mr. Speaker, that ap- More importantly, when Congress from solving the energy problems in pears to me to be the fact of our life created this ANWR, we realized that this country. today, that we do not have the gas within that there was the great poten- If we quickly look at natural gas, coming out of the ground. tial for oil. We specifically put a por- which is 23 percent of our energy, that Now, the fact is, we have lots of gas. tion of it, the portion in green on this is home heating, commercial, indus- I mean, we could probably drill 50,000 map, aside for future oil exploration trial, and mass transit. Eighty-five per- gas wells in Wyoming alone today on for the needs of this particular coun- cent of that is produced in this country where we know those reserves are; and try.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.112 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2569 This section, known as 1002, it is from demagoguery and toward the very that simply means veterans who earn noted, is not all to be used for oil de- important issue of the price of gasoline about $24,000. velopment, only 2,000 acres within it. for our cars, the price of gas for heat- It is ironic that the President an- Let me try and explain what that ing our homes, the price of energy for nounced this cut on the same day he means. running our factories and creating jobs did a photo op at the Walter Reed ANWR is approximately the size of for the American people. Army Medical Center, touting veterans the State of South Carolina, yet, with- f care for vets of the Afghanistan con- in the northern portion of that, the flict. area in red is the only portion we are VETERANS AFFAIRS It is also ironic that the President talking about, a grand total of 2,000 The SPEAKER pro tempore (Mr. was touting care for the veterans of the acres, about the size of the footprint MARIO DIAZ-BALART). Under the Speak- Afghanistan conflict when we are still, left by the airport in this city. er’s announced policy of January 7, in our districts on a daily basis, re- If we did another analogy, if we can 2003, the gentlewoman from California sponding to the cries of veterans who consider a large conference table, we (Ms. WATERS) is recognized for 60 min- served in the Vietnam-era War and who are talking about drilling in an area utes as the designee of the minority served in the Persian Gulf War, vet- the size of a postage stamp. That is leader. erans who still are not able to access not, that is not an area that is going to Ms. WATERS. Mr. Speaker, I rise their benefits. We are still dealing with despoil the future. Its disturbance is today to address an issue that some of veterans who have been inflicted with negligible. us started to talk about last week. Mr. all of the diseases that come from the This area does not have, as some crit- Speaker, last week 11 Members came to exposure to Agent Orange and other ics have said, only 6 months’ worth of the floor to speak about the deep cuts kinds of exposures. oil. We are looking at an area that has in the President’s budget. After we In July of 2002, the President had the between 5.7 billion and 16 billion, B, made our presentations on the floor, Veterans Affairs Department direct all with a B, billion barrels of recoverable we were inundated with calls by vet- VA regional directors to stop, stop, all oil within ANWR. If Members consider erans from all over America. They marketing activities to enroll new vets that within every day we import 10 called us, they wrote us, and they are in the VA system. This was an effort to million barrels, we can recognize that asking Members to join us. They want curb VA expenditures by not letting clearly this would go a long way as we us to make a special appeal to our Re- the public know about available serv- compare the potential of ANWR to our publican friends, to the President, not ices. According to several major vet- other sources of foreign oil in providing to cut veterans services. erans groups, the President’s budget the kind of natural domestic security We are back here tonight. I have last year fell $1.5 billion short of the that we desperately need. more Democratic Members who have inadequate funding that was exhibited This cannot be minimized, it cannot joined me. They have come to the floor in that budget. be brushed aside. This is a crucial ele- this evening to appeal to our Repub- THIS YEAR’S BUDGET ment of the puzzle. It is a crucial ele- lican colleagues and to the President So it should not come as a surprise when ment for the long-term viability of our not to cut the veterans budget. our President or his party short-changes our Nation and our energy. The budget is supposed to outline the veterans, yet again. History has shown that One last point, very quickly. In addi- Federal Government’s priorities for the they will. tion to oil for the future energy needs next year. Apparently, some of our col- But Republicans decided that what they of this country, we are producing spin- leagues have decided that their prior- have done over the past couple of years was off jobs in almost every State of this ities are massive deficits, huge tax cuts not enough. So when they drew up the Fiscal Nation. These statistics are somewhat that benefit only the most privileged, Year 2004 budget they called for even greater old, I have seen them elevated by as and drastic cuts to government pro- cuts to the Department of Veterans’ Affairs. much as 20 percent, but we could grams that millions of people depend The budget will cut $844 million from health produce between 500,000 and 700,000 jobs on. While the Republican budget did programs next year. in this country. Can Members imagine not include a dime in funding for the In addition, the budget called for increased what 500,000 to 700,000 jobs would do to war in Iraq, it did cut the Department co-payments for pharmaceutical drugs and pri- spur this economy, well-paying jobs, in of Veterans Affairs by $25 billion. mary care that veterans need—something that addition to the energy independence? Mr. Speaker, on the same day that used to be provided for free. There are two elements we need, sta- the President of the United States sent And mandatory spending would be cut by bility and predictability of our source our soldiers into war, the Republicans 463 million—this year alone. This means that of energy. That is what will spur the in Congress pushed through a budget the Montgomery GI Bill education benefits, vo- future. That is what will give us our that slashed the very programs that cational rehabilitation, and subsidies for VA independence, our independence from our soldiers will count on when they home loans will be cut. foreign oil and our security at home. return from their mission. This is un- The Republicans even cut funding for Mr. CANNON. Mr. Speaker, I thank acceptable. I believe that we must live headstones, markers and flag for deceased my friend, the gentleman from Utah, up to our duty and support the men veterans. and I would like to thank all my col- and women who fought throughout our Nor does the Republican’s budget provide leagues from the Western Caucus for Nation’s history to protect our free- additional funding for the Homeless Veterans the relatively short time we have dom. Comprehensive Assistance Act which is a taken on the floor today. I can assure However, it seems that many of our comprehensive effort to eliminate chronic my colleagues we will be back in future colleagues have forgotten the promises homelessness among veterans within a dec- special orders, trying to flesh out for we made to our veterans when we sent ade. the people of America these issues and them to war. This budget, the Presi- I would like to share with you two quotes how important they are to the future dent’s budget, has slashed government that I think highlight the anger that many vet- of America, to the future of jobs, half a spending so that veterans are being im- erans felt after they saw the Republican Vet- million jobs based on a decision made pacted in the most unusual and nega- erans’ budget. by this body whether or not we will tive way. The first is from John Keaveney of New Di- open up a small area in Alaska for The cuts that the veterans are being rections, Inc, a veterans group located in Los drilling. I think that is an important forced to take are simply unkind and Angeles. He says: ‘‘To propose cuts in VA issue. unfair. For example, in January of 2003, nurses, doctors, hospitals and other important The gentleman from Utah did a little Mr. Bush cut off access to the VA services to veterans at a time of war feels to magic trick with the chart and made it health care system for approximately many veterans like an act of treason.... It disappear for a moment. There is no 174,000 veterans. Specifically, the Presi- seems inexcusable at a time like this to vir- magic, there is no magic for solving dent announced that new VA care tually tear up the agreement America has had this problem of energy in America. We would no longer be available to so- with veterans for more than 100 years which need to deal with the realities of these called ‘‘Priority 8’’ veterans who are is to care for those who have borne the brunt policy issues. We need to get away not already enrolled in the VA system; of battle.’’

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.114 H01PT1 H2570 CONGRESSIONAL RECORD — HOUSE April 1, 2003 And the other is from Dwight Radcliff of US paign and occupation of Iraq, the costs ternative offered by the gentleman Vets also located in Los Angeles. He said: will likely soar even higher. from South Carolina (Mr. SPRATT), the ‘‘. . . the men and women who fought for this We have 2.3 million disabled veterans ranking member of the House Com- country are still struggling to obtain the bene- who demand our patriotism, just as we mittee on the Budget, provides for $1.1 fits and services to which they are entitled. In demanded theirs in time of war. I echo billion in additional discretionary being pro-active, it is imperative that during the appeal of honor and dignity made spending in FY 2004 and $17 billion this time of war, we begin to prepare to ad- on March 17, 2003, by some of the vet- more over the course of 10 years to the dress the needs of those who are currently in erans groups in response to the GOP Veterans department budget. service as well as the forgotten heroes who budget. If we want their full measure on the still sleep in the streets. It is extremely unfair I quote: ‘‘Is there no honor left in the battle fields, they deserve a full meas- to tell those who have waited so long and also hallowed halls of our government that ure of benefits upon their return. I those who will return shortly that their effort for you choose to dishonor the sacrifices of thank the gentlewoman for yielding to this country was unappreciated.’’ our Nation’s heroes and rob our pro- me. Mr. Speaker, I call on the President and the grams, health care, and disability com- Ms. WATERS. Mr. Speaker, I yield to Republican leadership to restore the funding pensation to pay for tax cuts for the the gentleman from California (Mr. to the Department of Veterans’ Affairs and to wealthy? You will be reducing benefits BACA). restore our veterans’ confidence in their gov- and services for disabled vets at a time (Mr. BACA asked and was given per- ernment which they so bravely defended. when thousands of our service members mission to revise and extend his re- Mr. Speaker, I am going to call on are in harm’s way, fighting terrorists marks.) some of my colleagues who are here to around the world, and thousands more Mr. BACA. Mr. Speaker, I thank the make their presentations this evening. of our sons and daughters are preparing gentlewoman from California (Ms. WA- I yield to the gentleman from Missouri for war against Iraq.’’ TERS) for taking the leadership on be- (Mr. CLAY). Needless to say, the shooting war half of veterans. Mr. CLAY. Mr. Speaker, I thank the started in earnest 2 days later. As a veteran who has served in the gentlewoman for yielding to me, and I submit to Members, there is politics 101st and 82nd Airborne Division in 1966 commend her for taking this time in a and then there is the presumption of to 1968, I am outraged, I am outraged special order on such a timely matter, politics; there is patriotism, and then regarding the 2004 budget adopted by while our troops are in the deserts of there is the presumption of patriotism; this House committee, $28.8 billion cuts Afghanistan and Iraq fighting for their and there is support for our troops, in veterans programs over 10 years; lives and while this administration is both on and off the battlefield, and $14.6 million in veterans benefits cut in attempting to cut the budget of the there is the presumption of support for mandatory veterans program; $14.2 bil- VA. our troops. lion cuts in discretionary veterans Mr. Speaker, I rise to voice my oppo- In a world where the cost of every- health care. I speak on behalf of the 2.3 sition to cuts in benefits due our Na- thing, even our Federal budget, is in- million disabled veterans including tion’s veterans. I urge my Republican creasing at breakneck speed, does it more than 1.2 million members of Dis- colleagues to reconsider the drastic make sense to cut benefits to the very abled Veterans of America. cuts made to the Department of Vet- people who we promised to take care of Is there no honor left in the halls of erans Affairs. I oppose these cuts, this if they stood at a post and took care of government? Is there no honor left in mistreatment, and believe our Nation’s us in some foreign land, often under an the halls of government that you would heroes deserve better. I sincerely urge obscure objective that only our highest choose to dishonor the sacrifice of our my colleagues and all Americans to leaders know about and understand? Nation’s heroes and rob them of their consider just what a vote to reduce the In today’s world, with the threat of programs, health care and disability budget to our veterans, both on and off international terrorism in our own compensation? During this time of war the battlefield, really means. backyard, war has come to us all. How- it is crucial to let our soldiers know Today, I submit, there is politics and ever, for those men and women who that they will be taken care of once then there is the presumption of poli- stand up, swear an oath of allegiance they return home. I state once they re- tics; there is patriotism, and then to defend our Nation at all costs, and turn home that they will be taken care there is the presumption of patriotism; do the bidding of Congress and our of. Unfortunately, I am ashamed by there is support for our troops, and President, we are now being asked to what the Republican Congress and there is the presumption of support for turn our backs on them. President Bush have done to our vet- our troops, all the contradictions in- erans lately. 1830 volving the politics of war and peace. b Since the troops have been deployed The notion of who is a true patriot How can Congress, in the span of a to the Persian Gulf, veterans benefits and who is not and the welfare of our few days, vote support for the troops have been shipped away. Shame on troops in combat all have been played fighting in Iraq and then seriously con- you. Shame on you. They are fighting out recently in this very Chamber. For sider revoking by nearly a billion dol- and dying for us. They are fighting and my part, I have opposed the war, sup- lars the benefits we promised our war- dying for us. And what are we doing? ported our troops in combat, and now riors past, present, and future for the We are pulling the rug out from under- stand to support our troops upon their sacrifices they have sworn and con- neath them. The Republican budget return. tinue to swear to make for the good of resolution that passed last week cuts For those who follow my votes, they our Nation. This is an insult. This is an $449 million from veterans health care may be confused. Do not be, because abomination. We know it. America programs. What kind of message does certainly I am not. Recently, on March knows it, and our veterans know it. it send to the hundreds and thousands 20, 2003, I placed into the CONGRES- It is more patriotic to send our of American men and women in uni- SIONAL RECORD a statement that noted troops into battle with our congres- form currently risking their lives over- my long-standing opposition to the war sional blessing but upon their return seas? Is this the kind of message that in Iraq. Yet, with the fighting having tell them their sacrifices are not de- we want to send to our young soldiers begun, I offer my support and prayers serving of benefits this Nation has tra- fighting for freedom and democracy? for the men and women who, out of ditionally offered those who risk in- Remember that we enjoy today the duty to their Nation, find themselves jury, emotional stability and even freedoms because of the sacrifices that in harm’s way. their lives to keep this Nation secure. many of our veterans made who have On top of this budget, the current ad- I urge Congress to reject any reduc- served this country, our country be- ministration has also submitted a tion in benefits to our fighting men fore. Is this the best way that we can budget to pay for the war we are cur- and women and support the Demo- do for the families of those who have rently engaged in. That supplemental cratic alternative. At a time of war and died for this country? budget request is for $75 billion to fight sacrifice by the men and women of our Just recently, Corporal Jorge Gon- the war in Iraq for 6 months. With the Armed Forces, Congress cannot and zalez, a U.S. Marine from my district prospect of a long and arduous cam- must not let these cuts stand. The al- in Rialto that I happened to visit the

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.049 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2571 parents this week was killed in Iraq. call health clinics and health care fa- think that is a very justifiable re- His heroism is found in the battle field cilities and hear that the waiting list sponse; but when it comes to higher and at home. This occurs daily through for an appointment is a month, 3 priorities for the majority, that is this land and the homes of families of months, 6 months, 7 months to see a what they do. American men and women who are doctor that they were promised they And the fourth way to pay for restor- serving us, like those of my legislative would be able to see when they agreed ing these benefits is to choose veterans field representative’s husband who is to serve their country. benefits over tax cuts. We are here to- now serving in Iraq. Our men and A few months ago, this Congress de- night to say no vets cuts for tax cuts. women in uniform should not have to bated the use of force in Iraq. I am one No cuts in veterans services that are come back and learn that the govern- who as a matter of deep personal con- used to finance yet another drain on ment they fought for refused to take viction feels that the use of force in the Federal Treasury so the favored care of them, and I state, refused to Iraq was justified and I voted ‘‘yes.’’ I supporters of the majority can enjoy take care of them. feel equal conviction tonight of a sense yet another tax break at the expense of During the time of war, we all say to of shame that my country is dis- the rest of the budget. our troops, we support you, our regarding the needs of men and women President Kennedy said, governing is thoughts and prayers are with you. who served our country in the past and choosing. Every Member of this House And we do, and we do. We display the who serve it today. has a choice to make when it comes to American flag on our cars, in our Governing is choosing. And this body veterans services. You can choose to homes, and clothing with pride. While has already made a choice, which it is let this $28 billion in cuts stay in the this display of patriotism is important, not too late to reverse, about honoring budget and explain to your constitu- I say we have to do more than that. the men and women who have worn the ents why the American Legion, why We have a moral obligation to pro- uniform of this country. Veterans ben- the Disabled American Veterans, why vide veterans with benefits and serv- efits and services are already insuffi- veterans groups around this country ices that they have earned, and I state cient to meet the needs of the veterans oppose that budget. My colleagues can that they have earned through their of this country. They are not good make that choice. Or my colleagues honorable service to this country. We enough today to do what needs to be can choose to identify some other area have a moral obligation to provide done. But just to restore this level of in the budget that could be cut to pay them with prescription drugs and ac- services for the next 10 years, we would for this. But it is a little late for that cess to care. Is that too much to ask? need $28 billion more than the majority because the budget has already been I ask, is that too much to ask? has provided in the budget that it passed. The third choice is to advocate I am here to tell the administration rammed through this Chamber just a borrowing more money to cover these and my fellow Members of Congress not few days ago. So we are going to do $28 benefits, which I think is an irrespon- to forget those men and women who billion less in health care, in edu- sible fiscal position. Or just a few more have served this country. Remember, cation, in disability benefits, in coun- on the majority side could join the 215 the freedoms we have today are be- seling, in housing, in burial benefits; of us who voted to choose veterans ben- cause the men and women were willing $28 billion dollars less than we are efits over tax cuts, who resolved to say to step up and fight for those freedoms, doing right now over the course of the we do not want veterans cuts to pay for the freedoms we enjoy every day. Let next 10 years. tax cuts; and we believe that is the Now, there are only four ways that us not forget them. Let us not forget right choice. them. Let us restore the benefits to our we can deal with this problem. The So when we all go home, Mr. Speak- veterans. Let them know we will take first way we can say is, that is just too er, to the American Legion and the care of them today and tomorrow, and bad. That is the way it is going to be. VFW for the Memorial Day services I state today and tomorrow. I say God And despite all of the ceremonies they this year and tell the veterans how bless America. Let us restore our vet- will attend at home, despite all of the much we appreciate what they have erans. God bless our veterans. speeches they will make this Memorial done, I would say to you that with all Ms. WATERS. Mr. Speaker, I yield to Day, that is the position that a major- due respect talk is cheap. And the $28 the gentleman from New Jersey (Mr. ity of this House took when it voted to billion in cuts that are in the major- ANDREWS). cut veterans benefits by $28 billion. (Mr. ANDREWS asked and was given The second choice we could take is to ity’s budget are an affront and an in- permission to revise and extend his re- find the $28 billion somewhere else, cut sult to the people who have worn the marks.) waste, fraud and abuse and come up uniform of this country. It is not too Mr. ANDREWS. Mr. Speaker, I thank with the money. Well, it was the ma- late to reverse this mistake. my friend from California for yielding jority’s budget resolution that could The right thing to do is to repeal a and for organizing this chance for us to have found that $28 billion in waste, part of the President’s tax cut, to come to the floor and speak tonight. fraud and abuse. I remember the Com- choose veterans benefits over this end- Once a year in my district a group of mittee on the Budget chairman came less stream of worship at the idola- people gather in the middle of a dusty to the floor and stacked up reports trous alter of tax cuts the majority field and they line up trucks and tents from the General Accounting Office seems to be engaged in. on either side of the field, and over the that purported to show waste, fraud So the next time there is a Veterans course of a weekend veterans from all and abuse and expressed his frustration Stand Down in my district, I want to over our area come to this field to re- that we were not cutting that. With all see doctors and nurses and counselors ceive counseling, health care services, due respect, he was expressing frustra- and therapists there to help the vets. clean clothes, a shower, a meal. This is tion with himself because they wrote And I want to see the pensions in- called a Veterans Stand Down. Most of the resolution and they wrote the creased and broadened and enriched so the veterans who come to the stand budget that could have cut $28 billion veterans can make it to the end of the down are homeless or living on the from somewhere else in the budget month and pay their bills. And I want street, battered by a mental illness. other than in veterans benefits, and to see the 90-day waiting list cut back Once a month in my district and in they chose not to do. to 9 days or 9 hours by hiring more districts across the country, veterans The third way to restore these cuts is nurses and clinicians and doctors at look at the calendar as it heads toward to borrow the money from our chil- VA health care facilities across this the end of the month, and they look at dren, which is what the majority country. their checkbook and they see nothing chooses to do when it has a higher pri- Governing is choosing. We choose not left in their checking account because ority. That is the way they propose to simply to honor the veterans of this the meager pensions and benefits that pay for the war in Iraq. I support the country with our hollow words, a false we pay veterans have run out before effort in Iraq. I voted for it. I certainly honor indeed. We choose to honor the the end of the month. support paying for it, but I do not veterans of this country with our ac- Once a day in my district and in dis- think we should borrow the money tions and our votes and to fulfill the tricts around this country, veterans from our children to pay for it. I do not promises we have made to them.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.117 H01PT1 H2572 CONGRESSIONAL RECORD — HOUSE April 1, 2003 b 1845 veterans would be forced to drop out of leadership to support funding for the I would urge the majority, redress the VA system nationwide, including war, support tax cuts for the wealthy this wrong that you have committed in 32,000 veterans in the Chicago area. and, at the same time, to drastically your budget. Fix this budget. Restore Finally, a third set of provisions cut back our soldiers’ benefits once these veterans cuts and take it out of would increase copayments for Priority they return from the battlefield in the tax cut you so unwisely passed. 7 and 8 veterans who do stay enrolled Iraq. And even more cruel, we have Ms. WATERS. Mr. Speaker, I now in the VA program. The copayments been asked by the President and Re- yield to the gentlewoman from Illinois for primary care payments would in- publican leadership to reduce survivor (Ms. SCHAKOWSKY). crease by 33 percent from $15 per visit benefits, those that go to the spouses Ms. SCHAKOWSKY. Mr. Speaker, I to $20 per visit. The copayments for and the children of our service people thank the gentlewoman, not only for prescription drugs would more than who have made the ultimate sacrifice. yielding to me, but for organizing this double, increasing from $7 to $15 for 30- Mr. Speaker, as others have said, opportunity for us to come to the floor. day prescriptions. On average, the re- there is no honor in this approach. It is Last Friday, I spoke to a group of port concluded, veterans would have to shameful at a time when our dedicated veterans in my district. They were pay a $97 a year increase in copay- men and women of the Armed Forces mostly World War II and Korean War ments, plus the new enrollment fee of are in the field fighting, perhaps to be veterans, and of course, I thanked $250. However, many veterans can see subjected to attack with chemical or them profusely for their service to our an increase of almost $600 a year. biological weapons, that the President country. And they appreciated it, but I did not support the Republican and the Republican leadership have what they wanted to know and where budget resolution and instead sup- made the choice to underfund our vet- most of the questions were was, what is ported the Democratic substitute erans programs. happening to our benefits? I told them which would have restored funding for How can this Congress even consider about the President’s budget proposal, mandatory veterans benefits, including cutting benefits to our veterans during and they did not appreciate that. compensation for service-connected a time of war? What kind of message We have all been making a lot of disabilities, burial benefits, pensions are we sending to American men and speeches lately and offering resolu- for permanently disabled, low-income women in uniform overseas? When they tions, and they are eloquent and they veterans, education benefits, rehabili- come home, what do we tell them, are flowery, and yes, they are heartfelt tation benefits and housing loan pro- Thanks for your service to our Nation, speeches and resolutions, expressing grams. Unfortunately, for our veterans but now you are on your own, no support for our troops; and I am not de- and our soldiers currently in the U.S. thanks? nying the sincerity or even the impor- Armed Forces, the Democratic sub- Mr. Speaker, our veterans deserve tance of making those supportive ges- stitute was voted down. better than this. They deserve better While our veterans suffer, the admin- tures. Speeches and resolutions do not than to come home and find that their istration continues to cut taxes that provide health care, and they do not health care coverage has been reduced, only favor the rich. While our veterans provide education, and they do not pro- but their enrollment fees and copay- endure hardship, the administration vide pensions, and they do not provide ments have been increased. They de- continues to send our men and women burial benefits. serve better than to come home to dis- into battle with no guarantees of a safe Budgets are a statement of values cover that the President and the Re- and healthy life for them and their and priorities, and what the veterans publican leadership have decreased families when they return home. are finding out is that they are not a Speeches and resolutions are fine, spending for Montgomery GI edu- priority in the President’s budget and but they are woefully insufficient. Our cational benefits and subsidies for VA they are not a priority of the Repub- veterans, those who have served in the home loans. lican leadership. And not only that, de- past and the veterans of the future, Mr. Speaker, the Republican budget spite all the sacrifices that they have who are risking their lives right now, simply disregards the needs of our vet- made and, as we speak, the sacrifices as we speak, deserve better. It is time erans. It is so shameful in its disregard that are being made, they are being for the Republican leadership to put its of their needs that the Disabled Amer- asked to sacrifice yet again in the form money where its mouth is. ican Veterans asked the following of a $28 billion cut in benefits and in Ms. WATERS. Mr. Speaker, I yield to question, and we have heard it quoted health care. the gentlewoman from California (Ms. this evening: ‘‘Is there no honor left in What we know when it comes to dol- WATSON). the hallowed halls of our government lars and cents is that veterans across Ms. WATSON. Mr. Speaker, I want to that you choose to dishonor the sac- Illinois are going to suffer from Presi- thank the gentlewoman from Cali- rifices of our Nation’s heroes and rob dent Bush’s proposed budget. A report fornia for organizing this time. our programs, health care and dis- that was released by the Democratic Mr. Speaker, our Armed Forces have ability compensation, to pay,’’ to pay staff of the Committee on Government now been at war for almost 2 weeks. for what, to pay for tax cuts for the Reform concluded that the changes, Over 40 members of the coalition have wealthy, those who lie back and say that is, the $28 billion in cuts, would paid the ultimate sacrifice. Scores of send them while I enjoy my luxury cause over 65,000 Illinois veterans, in- others have been injured. Sadly, there here at home? cluding an estimated 36,000 veterans is no doubt in our minds that U.S. cas- That is reprehensible, Mr. Speaker, enrolled at VA facilities in the Chicago ualties of war will rise, even as we all and I ask that we preserve the honor of area, to be denied VA health care or to pray for their swift and safe return. this hallowed institution by restoring drop out of the VA system while in- Later this week, each of us will be cuts to the veterans programs and do it creasing costs for thousands more. asked to support a $75 billion supple- now. First, President Bush would halt en- mental appropriation. In part, it will Ms. WATERS. Mr. Speaker, I thank rollment to Priority 8 veterans, deny- pay for the war effort. A few weeks the gentlewoman from California for ing them access to VA care. The report ago, we were asked to support a budg- her comments, and I yield to the gen- found that as a result of this proposed et, minus money for the war effort, tleman from Ohio (Mr. STRICKLAND), suspension, 173,000 veterans nationwide that drastically reduced funding for who has been spending every waking would be denied care, including 7,160 in the veterans health care and other ben- moment trying to get these cuts re- Illinois, of which 4,000 are in the Chi- efit programs, a cut of $28.8 billion over stored to veterans of his district. And cago area. 10 years; and today, we have been the State of Ohio can be very proud of Second, President Bush would re- asked to support a motion to send to him; he helped to organize this time on quire the VA to charge all Priority 7 conference the same flawed Republican the floor last week and tonight. and Priority 8 veterans currently in budget that slashes veterans benefits Mr. STRICKLAND. Mr. Speaker, I the system a $250 annual enrollment in order to preserve President Bush’s want to thank my friend from Cali- fee in order to receive service. As a re- tax cuts for wealthy Americans. fornia for yielding to me. sult of the fee, the VA estimates that In effect, we have been asked by Mr. Speaker, we are here tonight 55 percent of enrolled Priority 7 and 8 President Bush and the Republican talking about something that is close

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.119 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2573 to all of our hearts. I happen to be the year. Now, maybe a lot of my col- risy. How can we justify those two ac- youngest son in a family of nine chil- leagues do not want people watching to tions? How can we say on the one hand dren. My oldest brother was a World know that those of us in this Chamber we honor and appreciate the service of War II veteran. My brother-in-law, who make about $150,000 or so a year. So our military men and women and on is now deceased, lost his leg by step- maybe a $15 copay would not hurt us. It the other hand cast a vote that cuts ping on a land mine in Germany during would not hurt me. I could pay $15 if I benefits to those who have already World War II, worked his final years in was going to have to take medication. served? a Wal-Mart, walking around on an arti- I can do that. I make $150,000 a year. I think the veterans in this country ficial limb; much of the time it was But what about the veteran who makes are coming to understand what is going sore. And I just stand here tonight, and $24,000 a year? And we have the gall to on. I think they are coming to realize I think that we are able to enjoy the suggest that they are high income and that they have to listen not only to the kind of freedoms that we all enjoy be- so they just can no longer enroll in the words but they have to watch the ac- cause of the sacrifices of those who VA health care system. They are pri- tions of those of us who serve in this have gone before us, who have suffered ority group 8. Chamber. immensely. And then others who may make a lit- Mr. Speaker, I will finish by telling I think of the mothers who grieved. I tle more than that are priority group 7. my colleagues this. Talk is cheap. And think of my own mother. Some of my Those veterans, those men and women we do a lot of talking in this Chamber. earliest memories as a child were of who have honorably served our coun- Talk is cheap, but health care for vet- my mother weeping as she worried try, are being told, well, you are in pri- erans costs money. And unless we are about whether or not my brother was ority group 7 so you can enroll in the willing to spend the money, our words safe as he participated in that great VA health care system and continue to are empty. war. We ought to honor those who went participate, but in order to do so you Ms. WATERS. Mr. Speaker, I would before us, who have fought for us, who have to pay an annual enrollment fee like to thank the gentleman from Ohio have sacrificed their time and have of $250. And then if you go for a doctor for all of the work he is doing on this lost their health, and that is not what visit, we will increase the cost of that. issue, and I now yield to the gentleman we are doing. It is as if we are singling out our vet- from California (Mr. FILNER). It is almost beyond belief to me that erans for a disproportionate share of Mr. FILNER. Mr. Speaker, I thank we, at this time when we have young the burden for caring for this country. the gentlewoman for yielding to me, Americans engaged in a battle, even I just find it amazing, amazing that at and I speak this evening from the Re- now risking their lives, that we would a time when nearly all of us in here publican side of the aisle in the hope be so callous, so callous in our deci- find that we want to associate with the that my words, and the words of all my sion-making here in this Chamber that military, we want to show our support colleagues here tonight, will nestle in we would pass a budget, and I used the for our fighting men and women, that the empty seats that are here this word ‘‘we.’’ It certainly did not include we would take these actions that would evening and, by osmosis, maybe change most of my Democratic colleagues, but be so harmful to our veterans. the hearts and the minds of those who, a budget was passed in this House by I have talked before about the gag as the gentleman from Ohio (Mr. the majority party, supported by the order. I mean, it is unbelievable that STRICKLAND) just said, just last week in administration, that cuts benefits, the VA decides that too many veterans one minute voted to support the troops health care benefits and other benefits, are coming in for health care. We just in Iraq, and in the very next vote vot- to our Nation’s veterans by $28 billion. do not have the resources to provide ing to cut veterans benefits by the $28 Think of that, $28 billion at the same that health care, with having long billion he mentioned. What sheer hy- time that the President and majority waiting lists and many veterans wait- pocrisy, my colleague said; and I think party is pushing to pass a $726 billion ing 6 months or more just to see a doc- the American people must understand tax cut, and most of that money is tor. In order to correct that, we should this. going to go to the richest people in this just say we need more money. We need We say they have cut this $28 billion country. more resources. But the VA has a dif- over 10 years. That means $2 billion or ferent approach. They say, well, in $3 billion every year from the budget b 1900 order to correct that problem, we will from what it should have been. Now, $2 The President has a choice to make. just limit information that is being billion or $3 billion around here sounds He can either fully fund veterans given to veterans so that fewer vet- like a little bit of money, but $2 billion health care and veterans benefits, or he erans will understand what they are or $3 billion out in the countryside can ask for his complete $726 billion entitled to and fewer will come in for sounds like some unimaginable figure. tax cut. It is a fairly clear choice. We services. That is how we are going to And it really is. have a unified budget. There is only so solve this problem. What could we do with that $2 billion much money. If we use the resources It is almost unbelievable. When is it or $3 billion every year for our vet- we have for this big tax cut, there is going to stop? When are we going to erans? What should we do with that going to be an insufficient amount of have our actions match our words? A which is going to be cut by the Repub- resources to take care of our other couple of Fridays ago, about 3 a.m. in lican budget? Here is what we could do needs, including the needs of our vet- the morning, 3 a.m. in the morning, with that. Right now there are a quar- erans. when most of the country was asleep, ter million veterans waiting for their I have talked on this House floor be- we were here in this Chamber and we first appointment, their first appoint- fore about the outrageous things that voted a resolution of thankfulness and ment with the VA. They have been are being done: increasing the cost of support for our fighting men and waiting for over 6 months. Some of prescription drugs. It went from $2 to women who are currently risking their these veterans will die before they have $7 a prescription. Now the President is lives in Iraq and Afghanistan and else- their first appointment the way our saying we want to charge veterans, where around the world. Within min- system works right now. many of them, $15 a prescription. Many utes of casting that vote, we cast an- There are almost a half million vet- veterans in my district get 10 or more other vote for the budget. And in that erans who have made claims for dis- prescriptions a month. If we take 10 budget we voted to cut veterans bene- ability to the Veterans Administration times 15, that is $150 a month. A lot of fits and health care by $28 billion. that are pending. They may be pending these veterans are living on fixed in- With one hand we saluted the vet- for 2, 3, 4, some even 5 years; 125,000 ap- comes. This is simply outrageous. erans and said thanks, thanks to our peals are pending for years. Why is And then they created an entirely servicemen and women. And with the that the case? Because the VA does not new priority group of veterans. They other hand we took our voting card, have enough resources to solve those call them priority group 8. These are and we put it in this little gizmo on the cases within the 30, 60, or 90 days, the high-income veterans. Of course, you back of our chairs here and cast a vote way they should be solved. Why is a can be one of those priority group 8 to cut veterans benefits by $28 billion. veteran kept waiting for years? There veterans and make as little as $24,000 a In my judgment that is sheer hypoc- are veterans in my district who have

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.120 H01PT1 H2574 CONGRESSIONAL RECORD — HOUSE April 1, 2003 died while waiting for their appeals to verely disabled veterans have to wait So, as the need for services for our vet- be adjudicated, as we said. That is months, and in some cases more than a erans increases it is disturbing that this Con- what the $2 billion will buy. It will get year, for basic health care and special- gress would consider cutting veterans bene- the veterans the service they need, get ized services. A few weeks ago, Mr. fits. them the disability justice that they Speaker, we passed a budget resolution We must be committed to investing re- deserve. That is what the $2 billion will of shame. And the reason why it was a sources to improve the efficiency, quality and buy. budget resolution of shame is because breadth of the VA medical care system, and to It will buy full funding of the Mont- it required the Department of Veterans ensure that care is accessible to more vet- gomery GI bill. For many young people Affairs to cut $14 million from the lives erans. I am particularly concerned about our that bill is the only entrance into the of our veterans. We did that, Mr. nation’s African-American veterans—African- economy of today, to get an education. Speaker, in light of the fact that young Americans comprise a substantial percentage We have the Montgomery GI bill to do men and women are now on the front of our enlisted men and women. African-Amer- it, except we do not fund it. We fund it lines of Iraq. icans comprise 20% of the enlisted in the at a few hundred bucks a month. We It is very clear, Mr. Speaker, that Armed Forces. need to have the full funding of that so many of us did not vote for the war res- They should be provided with the highest our veterans can get funding. olution in October, and we have per- standard of care. African-Americans have I could go on with what this $2 bil- sisted to press the case of peace; but at served in the Civil War, World War I, World lion will buy, and we will be doing that the same time we have acknowledged War II, the Korean War, the Vietnam Conflict, for the next few weeks. We will have those who fight for us, fight for us be- the Persian Gulf War, and now many African- colloquies on this. But I will just end cause they believe in freedom. And so, Americans are on the frontlines in Iraq. by saying that our veterans are being Mr. Speaker, I have joined my col- I have met with many veterans from Texas mistreated by this Nation. The folks in leagues today to say that the motion and what they want is so reasonable: They Iraq will come home as veterans. What to instruct was not enough. Even want our nation to honor the promises we do my colleagues think their morale though today we have added back the made to our veterans to provide them with de- will be when they know they have to $14 million, what we must do as col- cent livelihoods for their sacrifices to our na- wait years before they can ever get leagues is to insist that we never come tion. We should not cut benefits to veterans, in their claim adjudicated? It is time for to this floor to commit an act of shame order to provide tax cuts to the wealthy. veterans around the Nation to watch again. Many veterans who served in the Gulf War what we do, not what we say. I believe I know it will happen again, because suffer from post-traumatic stress disorder and they should be here when the appro- my colleagues on the other side of the substance abuse. Our nation owes an obliga- priations process occurs. I have sug- aisle keep asking over and over again tion to veterans who incur injury, disease, or gested they should surround the Cap- for these cuts, in light of or in support aggravating existing conditions while in service itol while we do that bill until we do of a $726 billion tax cut. But as I close, to the country. Not only must we provide the right thing. They should set up Mr. Speaker, let me make a personal health care to our nation’s veterans but we tents, bivouacs. Be here so their rep- commitment. As I join my colleagues must ensure that veterans have adequate ac- resentatives do the right thing. Let us today, with this voice that is broken cess to education, housing, and other benefits. support our veterans the way we but a spirit that is strong, we will not Access to priority health care for our na- should. allow a vote of shame to continue un- tion’s service-connected disabled veterans Ms. WATERS. Mr. Speaker, I thank exposed. We will continue to reinforce have been seriously eroded over the years the gentleman very much. I now yield the values of this Nation; we will con- due to insufficient health care funding. The to the gentlewoman from Texas (Ms. tinue to support those young men and veterans health care system is in crisis. JACKSON-LEE). women, as we have through the years, Continued budget shortfalls, combined with (Ms. JACKSON-LEE of Texas asked my relatives and uncles in World War rising costs for medical care and increased and was given permission to revise and II, those in the Korean War, and Viet- demand for VA health care, have resulted in extend her remarks.) nam War and others. We will continue unprecedented waiting times for routine and Ms. JACKSON-LEE of Texas. Mr. to stand on their side. There will be specialty care nationwide. Speaker, let me first of all thank the not one veteran who will have the dis- According to the VA, in December 2002, gentlewoman from California. I know honor to be dishonored if any of us are nearly 236,000 veterans are either waiting for that many of my colleagues are aware able to stand. We stand with the vet- their first appointment or waiting at least six of her long years of work on the issue erans and stand with the reinforcement months for care. Additionally, the VA reports of veterans, and I am delighted to be of their resources, and we stand with that many of its facilities have reached capac- able to join my colleagues. With the those who fight for us in Iraq. ity with closed enrollment at some hospitals sound of my voice, I will be hopefully Mr. Speaker, as we debate the emergency and clinics. as potent and as brief as I possibly can supplemental request from the President to But most disturbing are reports of severely be, but one cannot look into the midst fund the war, the fiscal year 2004 budget res- disabled veterans having to wait months, and, of this storm of water and not come to olution, and the appropriations’ bills, and as in some cases, more than a year, for basic the floor to speak about those who are Iraq war escalates and casualties mount, it is health care and specialized services. actually putting their lives on the line only fitting that we honor our nation’s vet- I was honored to be joined by many vet- and sacrificing so that I might be here erans. Their sacrifices on behalf of our civil lib- erans’ groups, who supported legislation that I today to acknowledge the truth of erties have too often been overlooked and for- introduced, H. Con. Res. 2, to re-examine the their predicament. gotten. issue of sending our troops to Iraq in a pre- Mr. Speaker, I come from a State It is astonishing that as we ask for even emptive strike. Veterans who have served in that is noted as one of the States with more sacrifices from our men and women in foreign wars know the risks, the hazards, and the largest number of veterans in the the Armed Forces, that this Congress would the dangers of combat. Nation. I happen to come from Harris seek to cut veterans’ benefits. America owes African-Americans have a rich history of County, which has the largest number our nation’s veterans so much. serving in the Armed Forces. Today, the Su- of veterans in the State of Texas. In There are more than 25.3 million veterans in preme Court heard oral arguments in the Uni- the State of Texas we have almost 2 our nation; family members and survivors of versity of Michigan affirmative action case. I million veterans. Those that are 65 and veterans total about 41 million. One-third of have to note that the Armed Forces are a older number about 65,000. We have veterans live in 1 of 5 states: California, Flor- model of integration—the Armed Forces were about 100,000 women veterans. In Harris ida, Texas, New York, and Pennsylvania. one of the first areas of our society to be inte- County, where I live, we have about The increasing average age of veterans grated. 250,000 veterans. As I speak today, the means additional demands for medical serv- In Houston, Texas, Dr. Michael Ellis hospital which is in my district, the ices. As we know, the Department of Veterans DeBakey is an internationally recognized pio- Veterans Hospital, is de-enrolling, or Affairs operates the nation’s largest health neer of modern medicine. He is an ingenious closing the door to veterans who are care system, with 172 hospitals, 137 nursing medical inventor and innovator, a gifted and seeking health care. homes, 43 domiciliaries, 206 readjustment dedicated teacher, a premier surgeon, and an One of the most disturbing aspects of counseling centers, home health-care pro- international medical statesman. I have intro- this is that there are reports that se- grams, and nearly 900 outpatient clinics. duced legislation supported by veterans to re-

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.122 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2575 name the Department of Veterans’ Affairs, the ment that they have to go to war, but tion that at a time like this they would Michael E. DeBakey Department of Veterans we are pinching pennies on the health dare have a $28 billion cut in the bene- Medical Center. consequences of their going to war. fits for veterans over a 10-year period. Last week, I received disturbing news. Cor- Shame on us. We enticed them into Veterans deserve all we can give them. poral Brian Kennedy, a Houston native, lost service. We make no sacrifice our- They are all part of a great generation his life on the battlefields. I want to pay a spe- selves, and we ask them to sacrifice no matter which war they have fought cial tribute to this young man and his family. when they come home. in. He bravely put his life on the line for the lib- Who has made a sacrifice during this erties we enjoy in this country. I salute Brian war? The only folks I can think about Ms. WATERS. Mr. Speaker, I include for the service and the sacrifice he made to who has made a sacrifice since 9/11 are for the RECORD a communication from our country. Our prayers go out to Brian, his the people who died in the Twin Towers New Directions, signed by Mr. JOHN family, and the troops stationed in Iraq. and at the Pentagon. None of us has Keaveney, who is head of this New Di- The Origins of Veterans’ Day: been asked to make a sacrifice. In- rections organization, a fine organiza- In 1921, an unknown World War I American stead, we have been offered a big, fat tion rehabilitating veterans in the soldier was buried in Arlington National Ceme- tax cut. greater Los Angeles area; a commu- tery. This site, on a hillside overlooking the In this way, we separate ourselves nication from Mr. Dwight Radcliff from Potomac River and the city of Washington, be- from our ancestors and our forefathers. United States Veterans Initiative, an- came the focal point of reverence for Amer- When they went to war, they said, we other organization providing drug re- ica’s veterans. are going to pay for war and our vet- habilitation services, providing job Our troops embody the ideals of our coun- erans, and they raised taxes. These training services for our veterans from try: Courage, valor and a sense of pride in were not folks that liked to raise taxes. the Vietnam era and from the Persian country. Indeed, we had our first Federal income Gulf; and a communication from the Dr. Martin Luther King once said, ‘‘There ul- tax during World War I, and nobody National Veterans Foundation that is timate measure of a man is not where he had even heard of taxes; but they said, signed by Shad Meshad. stands in moments of comfort, but where he if we are going to war, we are in for a UNITED STATES stands at times of challenge and controversy.’’ dime, we are in for a dollar. We have VETERANS INITIATIVE, INC., Our men and women on the frontlines in Iraq raised taxes; and during every war, in- Inglewood, CA, March 27, 2003. truly deserve our support. cluding the Persian Gulf War, we have MAXINE WATERS, Our veterans and our active duty troops de- never cut taxes in time of war. Member of Congress, 35th Congressional Dis- serve our highest respect and our commitment We have not asked the other side of trict, California. as a nation to providing them the best in care the aisle to raise taxes, but we have DEAR CONGRESSWOMAN WATERS: I have re- and services—they have given us so much as asked them not to sacrifice veterans viewed the findings of Congressman Lane a nation, that it is our moral obligation to re- benefits in order to offer tax cuts to Evans, ranking Democratic member of the turn to them the benefits they have given to the wealthy. The veterans who are House Veterans’ Affairs committee regard- us. We call on our armed forces to protect us most offended are veterans who live in ing the budget adopted by the house budget both here and abroad. the District of Columbia, who have committee which results in drastic reduc- Ms. WATERS. Mr. Speaker, I thank gone to war since our first war, with- tions in funding for veterans benefits and services. As the director of the largest vet- the gentlewoman from Texas, and I out having full representation in this erans-specific program in the country, I am now yield to the gentlewoman from the House. appalled that this administration would con- District of Columbia (Ms. NORTON). In their name, I ask that these cuts sider decreasing the amount of funding avail- be restored. b 1915 able to the Department of Veterans Affairs Ms. WATERS. Mr. Speaker, I yield to and the special programs and services pro- Ms. NORTON. Mr. Speaker, I thank the gentleman from New York (Mr. vided by community based organizations the gentlewoman from California (Ms. OWENS) to close. such as ours. WATERS) and the gentleman from Ohio Mr. OWENS. Mr. Speaker, we have United States Veterans Initiative provides (Mr. STRICKLAND) for their leadership heard a lot of statistics which show outreach, housing, employment assistance, in bringing this important matter to how grave the problem is. Last fall, I case management, counseling, legal assist- the floor. had a town meeting of veterans in my ance, and food services to over 2500 homeless The last thing I thought there would district, and those were some of the veterans per year at our Inglewood site. At be a bipartisan split on would be vet- angriest people I have ever seen. These our other sites across the country, we pro- erans benefits. We talk about unity are members of our society who have vide services to an additional 3000 veterans around the troops. What about unity been betrayed, and who are continu- annually. The majority of the veterans that around the veterans? Members want to ously betrayed. Those who are fortu- we serve are Vietnam Veterans. Today, over wave the flag. Let us begin with those nate enough to come back, there are thirty years after the war in Vietnam, the who have already served. 58,000 who died in Vietnam, 300,000 were men and women who fought for this country Instead, we are talking about the wounded, and some of the wounded are still struggling to obtain the benefits and services to which they are entitled. In being great differences between the Demo- were in that audience, and on and on it proactive, it is imperative that during this cratic budget and the Republican budg- goes with the insults they have to en- time of war, we begin to prepare to address et. The Democratic budget was more dure, like the long waiting lists. the needs of those who are currently in serv- than $30 billion over a 10-year period It is important for us to note that ice as well as the forgotten heroes who still than the Republican budget. That tells those of us who are against war are not sleep in the streets of this country each Members something about the different against soldiers or veterans. Anybody night. It is extremely unfair to tell those priorities of the two parties in this who places his life at risk, whether as who have waited so long and also those who Chamber, particularly today when a volunteer or drafted, deserves to have will return shortly that their effort for this what we are talking about is a volun- the medal of greatness placed upon country was unappreciated. This is our time teer Army. We should be going out of them. Out of the nearly 300 million to fight for them. our way to make sure that every ‘‘t’’ is people in our population, those few As our congressional representative I am crossed and every ‘‘i’’ is dotted. people become great people. There is requesting that you strongly oppose any ef- We have used all kinds of induce- no such thing as a greatest generation fort to cut funding for the Department of ments to attract these men and women just because they fought World War II. Veterans Affairs. Without this crucial fund- into the Army, and we have a class- All veterans, Vietnam, Korea, whoever ing, those veterans that are in desperate and race-based Army. A lot of folks are was able to come back, deserves the need of benefits and assistance will not be going in there because there are not a maximum that we can do in terms of able to access the needed resources such as medical, psychiatric, housing, and employ- lot of opportunities in society, and housing, education and certainly med- ment. they are depending on those education ical benefits. Sincerely, and health benefits. It is a commentary, which I think DWIGHT RADCLIFF, What have we done? We have spared has been pointed to several times here, Los Angeles Services Director, no cost when it comes to the equip- on the heartlessness of this administra- United States Veterans Initiative.

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.045 H01PT1 H2576 CONGRESSIONAL RECORD — HOUSE April 1, 2003 NEW DIRECTIONS, INC., in counseling to heal wounded psyches, Our troops fighting overseas today should Los Angeles, CA, March 26, 2003. seems cruel and treasonous. What kind of know that when they come home the country To: Representative Maxine Waters. country asks its citizens to be prepared to that they have served will not turn its back on From: John Keaveney. make the ultimate sacrifice, and then penal- Subject: Department of Veterans Affairs izes those who rise to the challenge? them. Funding Cuts. Lincoln’s Address at Gettysburg dictates Once the fighting is over, veterans should DEAR CONGRESSWOMAN WATERS: I am writ- our responsibility to these brave men and know that the government will fulfill its prom- ing for your help Congresswoman Waters be- women: to care for him who shall have borne ises to take care of those injured in battle and cause you have always been a strong advo- the battle and for his widow and his orphan. to provide for health care and education as- cate for veterans, protecting veterans’ bene- We are barely doing that now. How is it sistance. possible for our existing system to undergo fits and defending veterans from special in- It is absolutely outrageous that the majority terests in Congress and here locally. I am these savings cuts and still offer services to pleading with you once again to help our Na- the hundreds of thousands of troops now en- in the U.S. House of Representatives wants to tion’s veterans. It has come to our attention gaged in Iraq? Then there’s Afghanistan, not push through a budget that severely cuts fund- that the House Budget Committee chaired by to mention the countless thousands of mili- ing for our nation’s veterans. Congressman Jim Nussle (R–IA) pushed tary personnel in support positions all over They passed this budget under the cover of through a bill to cut $25 billion from the Vet- the world. We are looking at a vast increase darkness because they knew it could not erans’ Administration over the next 10 years. in the number of those we must serve. To cut stand the light of day. I know you agree that if the government can funding for veterans services in a time of war That budget breaks the solemn promise consider funding tax breaks for the rich and while simultaneously offering a tax break businesses, then they certainly can make it that would have its greatest impact on the made to the very men and women who fight a priority to help our Nation’s veterans and affluent and on business seems indefensible. for our freedom. homeless by not allowing a major cut in ben- You have always been a strong advocate You’ve heard my colleagues tell you how efits to veterans. for veterans. You have protected veterans’ the budget cuts would affect veterans’ pro- The shame of this is that this was done on benefits from special interests locally and in grams nationwide, but I want to tell you about March 13, as America was asking hundreds of our Congress. Please help us now. We need one specific proposal that would significantly thousands of servicemen and women to lay your strong, clear voice. impact North Carolina’s veterans. their lives on the line as our country was Sincerely, making final preparations to go to war with SHAD MESHAD, The budget cuts mean that many North Iraq. I find it difficult to describe my feel- President and Founder. Carolina veterans won’t be able to continue ings about this development especially con- Mr. TOWNS. Mr. Speaker, today I rise to receiving VA health care because of new $250 sidering that this Nation is now engaged in express my deep concern and stringent oppo- enrollment fees. a war and simultaneously enacting legisla- sition to the proposed cuts in veterans health The VA estimates that 1.25 million veterans tion making huge cuts in funding for vet- who are already a part of the health care sys- erans’ services. To propose cuts in V.A. care contained in the President’s 2004 Budg- nurses, doctors, hospitals and other impor- et. While a tax cut may require us to discuss tem will be forced out because of these steep tant services to veterans at a time of war reductions in many vital programs, there are new fees. feels to many veterans like an act of treason. few cuts that are as unkind as the cuts the In North Carolina this could translate into I do not believe that the American public is President wishes to visit upon those brave over 27,000 veterans cut out of health care. informed properly about this issue. Just men and women who were willing to serve For those who can afford to stay in the VA imagine, how would our troops in the Middle and if necessary die for this country. health care system, many will be forced to pay East feel about this? It seems inexcusable at significant new costs. a time like this to virtually tear up the Mr. Speaker, this House recently voted on a agreement America has had with veterans 2004 budget from the President which will cut An estimated 22,000 North Carolina vet- for more than 100 years which is to care for funding for veterans health care and benefit erans, referred to as Priority 7 and Priority 8 those who have borne the brunt of battle. programs by nearly $25 billion over the next veterans, will pay a new $250 enrollment fee, Veterans expect the promises made to ten years. These cuts would require the Vet- increased copays for physician benefits and them to be honored as this should be consid- erans’ Administration for the first time in its prescription drug fees. ered a sacred agreement. Thank you for your history to require monetary payment from All in all, this will mean a total average in- time and devotion to serving our country in crease of $347 each year. Others could be honor of our nation’s servicemen and women. those who have already paid with their service God bless you. to this nation. According to the Veterans’ Ad- forced to pay even more, as much as $600 JOHN KEAVENEY. ministration, approximately one out of every annually. two veterans could lose their only source of The budget passed by the House means NATIONAL VETERANS FOUNDATION, medical care under the President’s budget that 4,100 veterans in North Carolina will not Los Angeles, CA, March 27, 2003. plan. What should the VA say to a veteran even have the opportunity to enroll in VA Congresswoman MAXINE WATERS, who needs treatment but cannot afford to health system. Rayburn House Office Building, Washington, These so-called Priority 8 veterans, who DC. pay? I cannot believe that we would honor DEAR CONGRESSWOMAN WATERS: As author their service by turning them away. And yet, were not injured in service and who make and founder of the National Vet Center pro- under the President’s plan, rejection may be above a level between $24,450 and $38,100 gram (Public Law 96–22), and founder and the only response that a fiscally-strapped depending on location and situation, will be president of the National Veterans Founda- health care system can give. denied care. tion which has been operating since 1987, I Mr. Speaker, I believe that the veterans who Our country made a promise to the men want to express my extreme shock and dis- served this country responded affirmatively to and women in our armed forces. Our troops may over the recent announcement con- this nation’s call to service. We cannot now re- and our veterans have fulfilled their duty to cerning the House Veterans Affairs Com- mittee decision to drastically cut Veterans’ spond negatively to their call for help. their country. Now it is our turn to make good health-care benefits. Mr. ETHERIDGE. Mr. Speaker, as we stand on our promises. We have seen many disturbing things with here today in Washington, DC, thousands of Congress should reject the Republican past administrations concerning veterans our men and women in uniform are in harm’s budget and honor our commitments to our vet- support, but this present attempt to slash way, fighting for the freedom and the values erans. budgets supporting our nation’s veterans is that we hold dear. the most shameful. A $25 billion cut from the They are in our thoughts and our prayers. f Veterans Adminstration over the next 10 They do not know what fate awaits them, but years is a staggering amount to an already GENERAL LEAVE they know they are fulfilling their duty and severely reduced and diminished program. Ms. WATERS. Mr. Speaker, I ask Veterans comprise 30% of the nation’s home- serving their country. less, many of them are in desperate need of When these brave Americans return home, unanimous consent that all Members services . . . many more are at the brink of they will join the ranks of over 26 million may have 5 legislative days within homelessness and what is probably worse, a American veterans. which to revise and extend their re- crisis of hopelessness. In my state of North Carolina, we are home marks on the subject of my special Where is the logic of cutting these pro- to more than 150,000 veterans. order. grams precisely when we are sending our I served in the United States Army for two The SPEAKER pro tempore (Mr. young men and women into the field to se- MARIO DIAZ-BALART). Is there objection cure the peace and safety not just of our na- years. I never fought in combat or served tion, but of the world? overseas. And I’m certainly no hero, but I un- to the request of the gentlewoman Cuts in VA hospitals, in doctors and derstand the sacrifices that our veterans have from Texas? nurses, in rehabilitation and retraining, and made. There was no objection.

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.046 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2577 DISTORTION OF BILL EMERSON making sure that they are able to eat. is in place to do so in a fair manner, HUMANITARIAN TRUST And it is out of the goodness of the commodity to commodity, around the The SPEAKER pro tempore. Under American taxpayer and the American country, and not place a monetization the Speaker’s announced policy of Jan- system that we provide that assist- practice in place which then puts soft uary 7, 2003, the gentleman from Wash- ance. white wheat farmers, for example, at ington (Mr. NETHERCUTT) is recognized What we have seen in the use of the odds with rice growers in different for 60 minutes. Bill Emerson Humanitarian Trust, ad- parts of the country. Mr. NETHERCUTT. Mr. Speaker, I ministered by the Department of Agri- So the monetization prohibition, am pleased to speak tonight on an culture in our country, is what I per- which I think is sensible for our gov- issue that deals with American agri- ceive to be a distortion of the oper- ernment to operate and administer the culture. Today, as a member of the ation of the trust. About a year ago, food aid programs of our country, is Committee on Appropriations and the last summer in fact, there was a deter- part of the appropriations bill that Subcommittee on Agriculture, the mination made by USDA to sell onto passed in the Committee on Appropria- House full committee passed a supple- the open market soft white wheat, tions today and will be before the mental appropriations bill to assist our which is manufactured, grown, pro- House of Representatives, most likely soldiers and military folks with respect duced in my part of the country, the later this week. So that is one restric- to the prosecution of the war in Iraq, State of Washington. In doing so, the tion that needs to be in place. And the and provide other humanitarian aid actions by the U.S. Department of Ag- Department of Agriculture must listen and other financial assistance to the riculture depressed the price on the to this development which has been un- region of the Middle East and assist in open market of soft white wheat. Over dertaken by the House, by the legisla- the war effort there, and recognize the the course of the last few months, since tive branch of our government, and not importance of supporting our fighting November, additional efforts have been do more monetization, not undertake men and women in that theater. undertaken by USDA to sell wheat more monetization of one commodity Also, as part of the appropriations stocks, soft white wheat stocks, in an- which places farmers which grow that measure that passed the House Com- ticipation of humanitarian needs commodity against farmers of another mittee on Appropriations today, there around the world. commodity that may be suitable for was a provision that relates to food as- In the most recent activity in the distribution in Iraq. In addition, the House has put $69 sistance for the people of Iraq, and a trust, there has been a move by USDA million additional food aid money, un- preparation for the understanding that to monetize soft white wheat in order restricted, able to have any commodity our country has committed itself to to obtain cash, which would then be on the market be purchased, to meet try to help the people of the Middle used to buy other commodities, rice the needs of the people of Iraq; and East region, and certainly the people in and others, which may be useful in that is an acceptable and appropriate Iraq, who are the innocent victims of a Iraq. activity development on the part of the tyrannical regime of Saddam Hussein. Now, I have no quarrel with the idea Committee on Appropriations and this I want to address a portion of the ap- that we need to provide food aid to House and the legislative branch. propriations bill that deals with the Iraq. This is a war-torn country with agriculture commitment that the people starving at the hands of Saddam b 1930 country has made in the supplemental Hussein. America, as it has in the past, It is likely to stay in the bill all the appropriations bill. is ready at the present to provide as- way through the process in dealing It is a good measure. It is a supple- sistance to the people of Iraq. So it is with the other body as well as the rec- mental that is supported by the Presi- not an issue with me over how or onciliation with the House conferees to dent, by the majority party, by I think whether we should provide food aid to come up with a final supplemental ap- a unanimous vote in the Committee on the people of Iraq. propriations package that will assist in Appropriations today, to provide as- There is an issue as to the U.S. De- the war effort, including humanitarian sistance to the troops and make sure partment of Agriculture’s operation, aid assistance. that our military receives all that it administration of the Bill Emerson Hu- I am here, Mr. Speaker, to emphasize needs. manitarian Trust. most definitively that monetization of The section that I want to refer to in What we have seen is the monetiza- commodity that places one grower the appropriations bill that we will tion of soft white wheat at the expense against another is bad agriculture pol- have a chance to debate and vote on of the farmers who grow soft white icy in this country. It is a disservice to later this week, and certainly in con- wheat and at the expense of the market the agriculture community, which is ference with the Senate, the other which is driven by the amount of wheat struggling for price support and mar- body, next week and hopefully to get that is on the market at any one time. ket price in any event; and it puts this measure signed into law by the The price of wheat, we have seen in my farmer against farmer, which is an un- President before April 11, is a measure farm country, has gone from $4.80 cents acceptable condition. In addition, the that has to do with the integrity of the a bushel in November to a range of misuse, I would argue, of the Bill Bill Emerson Humanitarian Trust. about $3.15 cents to $3.25 cents per Emerson humanitarian trust to assist Bill Emerson was a former Member, a bushel currently. The market collapsed in Iraq when additional moneys are wonderful man from Missouri, a dear to a no-bid market on March 21, just a being poured into the war effort as part friend and a colleague of many Mem- week or so ago, on the rumor that the of the defense bill, as part of the sup- bers of Congress, who passed away; and Department of Agriculture was going plemental appropriations bill to assist the Bill Emerson Humanitarian Trust to dump more wheat on the market those good people of Iraq who need the Fund was created in his memory, and and raise cash for other commodities. assistance from food aid, there is no properly so. That Bill Emerson Human- What my admonition to the USDA need to further monetize or further dis- itarian Trust was created to provide has been is, do not monetize soft white tort the market for soft white wheat or food aid on an emergency basis to wheat so you can buy other commod- rice or any other commodity that is countries around the world who are ities. Let us make sure, as we face the subject to administration under the struggling for food in times of emer- needs of the people of Iraq and the hu- Bill Emerson humanitarian trust. gency and dire straits and national manitarian commitment that our The third point I want to raise is consequence. country is willing and able to make, let that in depressing the market by gov- Our country has been very forthright us make sure this is a wartime cost ernment action, which puts more com- in providing this assistance and mak- which is necessary to assist people in modities on the market and lowers the ing sure that the Bill Emerson Human- other parts of the world who may be price of any commodity, what we are itarian Trust is not only stocked with facing disasters, natural or otherwise. doing is then under the loan deficiency adequate commodities, but also cash to So what we are trying to do is make payment program of the farm bill, the purchase commodities when the need sure that the USDA, number one, fol- agriculture policy in this country, arises; and it has done millions and lows the intent of the Bill Emerson Hu- what it is doing is subjecting the tax- millions of people a world of good in manitarian Trust, and that the process payer to additional expense by virtue

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.125 H01PT1 H2578 CONGRESSIONAL RECORD — HOUSE April 1, 2003 of that market price going down below way down in the soft white wheat mar- COMMEMORATING THE BIRTH OF the loan deficiency payment level that ket are going to have to bear the bur- CESAR CHAVEZ, AMERICAN then kicks in so that there is more tax- den. That is not what the farmer LABOR LEADER payer assistance to farmers because of wants. The farmer wants a market The SPEAKER pro tempore (Mr. that low price. My strong point and my price. We had a market price of $4.80 a BURGESS). Under the Speaker’s an- strong message to USDA is the U.S. bushel some several months ago but be- nounced policy of January 7, 2003, the Department of Agriculture should not cause of, in part, additional dumping gentleman from Texas (Mr. RODRIGUEZ) be taking actions which depress the on the market of U.S. Government is recognized for 60 minutes. price which then expose the taxpayer agency stocks, the price has gone Mr. RODRIGUEZ. Mr. Speaker, I to other liability in aid to the farmer. down, and we now have a further crisis want to take time tonight as chairman Instead, let the market decide what the in farm country. of the Congressional Hispanic Caucus commodities market price should be. We cannot afford to lose the agri- to pay tribute to an inspiring and be- And so when you monetize and sell one loved man, Cesar Estrada Chavez. commodity to buy another, you distort culture infrastructure in this Nation. If prices are so low that farmers are not Cesar Chavez, 76 years ago this Mon- the market, and that is what USDA in day, marked the beginning of his life going to grow commodities, we are my opinion has been doing and doing dedicated to improving the quality of going to find ourselves in days and improperly. life for all Americans. We honor and months and years ahead, hopefully not, I come to the floor tonight to make pay respect to a man who brought we are going to find ourselves facing this very strong message to USDA and awareness of the labor injustices to the any others of the eight government the challenge of being independent ag- national light and helped pave the path agencies who are involved in the deci- riculturally. We are going to be de- to educating people about the impor- sion to monetize soft white wheat. This pendent on other countries of the world tance of the plight of the working indi- is bad policy. We should not be doing for our agriculture. That is unaccept- viduals in the fields of this country. He it, especially in light of the prohibition able, and that is what we are trying to cleared the way for progress and oppor- on monetization that exists in the cur- prevent by allowing market forces to tunity. Tonight, we have here members rent House appropriations bill that have an important part in agriculture of the Congressional Hispanic Caucus; passed the Appropriations Committee policy, not a distorting impact because and I want to make tribute to one of today and will likely come to this of determinations made by USDA, our our members, the gentleman from Ari- House floor sometime this week, hope- own Agriculture Department, which zona (Mr. GRIJALVA), and ask him to fully, and then be reconciled with the has the mission to help the farmers and say a few words in behalf of Cesar Cha- other body’s version of the supple- the food needs of people in this coun- vez. mental appropriations bill and then be try. Mr. GRIJALVA. Mr. Speaker, I want signed by the President most likely at I would just say, too, as we look at to thank the gentleman from Texas for the end of next week. the dependence that we have on fossil the opportunity to come and speak I am urging caution on the part of fuels, on oil from the Middle East coun- today. It is my honor to rise today in the USDA. I have had conversations tries, we are now in a war that has as this House to acknowledge the birth with the agency. I have had conversa- a factor in it the issue of oil reserves date of Cesar Chavez. Yesterday would tions with USAID to try to make the and who is producing oil reserves. We have been his 76th birthday. Cesar Cha- point that help is on the way in terms are dependent on foreign countries. We vez, cofounder, along with Dolores of money and prohibition on monetiza- cannot allow that to happen in Amer- Huerta, of the United Farm Workers’ tion; and my great hope is that the ica as it relates to our dependence on Union, led a historic struggle to give agencies of government who are com- agriculture commodities from over- voice to the voiceless and empower the mitted to helping the agriculture in- seas. That is why we need a robust ag- poor and powerless, inspiring a people dustry in this country, the farmers who riculture economy here and proper ad- beyond the limits and barriers that had grow the products that you and I con- ministration of the Bill Emerson trust, been artificially placed before them. sume, that there will be some restraint Cesar Chavez was born and died in the humanitarian trust, proper admin- on the part of the USDA, that there the district that I represent, in Yuma istration of the food aid programs, will be a cancellation of any other no- and San Luis, Arizona. It is vital that proper respect for agriculture interests tices to monetize soft white wheat so all Americans acknowledge the pro- and the value of markets and the value that rice can be purchased, because found contributions that Cesar Chavez of the movement of markets, prices go there is additional money in the pipe- has made to our country. These con- up and down; but let the markets oper- line that is going to be coming to the tributions were not in the form of ate what the prices are rather than rice growers of the country or the money, false praise, or the trappings of have the government be involved in wheat growers of the country to pro- power. He reinforced the values of this distorting the market. If we have a vide the commodity needs that will Nation, values such as commitment hands-off policy or a helpful policy, as meet the expectations and the require- and of purpose and strength of cause. opposed to a hurtful policy by our U.S. ments of the people who are suffering Allow me, Mr. Speaker, to quote di- Department of Agriculture, we will be in Iraq. rectly from Cesar Chavez: ‘‘In this We have 69 million additional dollars. a lot better off. world, it is possible to achieve great We have $250 million for PL–480 assist- I would say to the Speaker and my material wealth, to live an opulent life. ance. There is additional money that colleagues, be on the lookout for any But a life built upon those things alone will help the poor, starving people of market distortion that might be com- leaves a shallow legacy. In the end, we this war-torn region. We will do that ing out of government agencies as it will be judged by other standards.’’ and we should do that but not at the relates to agriculture, and I urge my Another value that Cesar imparted expense of the commodity growers in colleagues to support this idea that and reinforced for our country is the the eastern district of Washington monetization is not a good thing when value of struggle and perseverance. State or other States around the coun- you are trying to put farmer against Again let me quote Cesar Chavez: try who are affected by a misuse or farmer by our own Department of Agri- ‘‘When we are really honest to our- mismanagement or a distorting impact culture, because the goal ultimately is selves, we must admit that our lives that comes with monetizing the Bill to have a robust agriculture economy are all that really belong to us, so it is Emerson humanitarian trust. providing enough food so that we can how we use our lives that determines I will be pursuing this issue in due continue to provide assistance to nat- what kind of men we are. It is my deep- course to make sure that the U.S. De- ural disaster consequences and the peo- est belief that only by giving life do we partment of Agriculture agencies un- ple who are subject to natural disasters find life, that the truest act of courage, derstand the consequences of monetiza- or food shortages or drought or any the strongest act of manliness is to tion, the impact on the markets and other consequence that comes around sacrifice ourselves for others in a to- the impact on the taxpayer. Ulti- this great world, that America can help tally nonviolent struggle for justice. mately, the taxpayers when prices go solve by providing food aid. To be a man or woman is to suffer for

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.127 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2579 others. God help us be men and lenge before this Congress to act to mobilize by assisting them with voter women.’’ help the people of this country, to act registration efforts and voter registra- But the legacy of Cesar Chavez is a to stabilize our world, to act to assure tion drives and insisting that the mi- legacy of change that he brought to that opportunity and fairness still is nority communities had just as much a this country, and we are all obligated and will continue to be one of the cor- right to have equitable access to edu- in our own way to continue and finish nerstone traditions of this country. cational opportunities as anyone else. a change that sought equality for all b 1945 Cesar Chavez’s legacy continues to people and the opportunity to live live on today. His influences can be without the yokes of poverty, racism It has indeed been a pleasure for me seen in the legislation that comes to and the domination of others. It is to make these comments about some- our floor, legislation that aims to pro- time that this great Nation formally one who influenced my life, and I will vide for our children’s education, legis- declares support for Cesar Chavez be very frank. His motivation, his spir- lation that aims to help improve our through a holiday, a holiday that cele- it, his tenacity to lead people that were children’s health care in our commu- brates nonviolence, the rights of all never represented is a legacy and a tra- nities, legislation that helps and comes workers and the strong spirit of all dition that should be part of the his- forward in the area of civil rights and people to overcome. I am proud that in tory of this country. It is indeed my liberties and respect for human beings. my community where I formerly served pleasure. We must also continue the fight to Mr. RODRIGUEZ. Mr. Speaker, I as a county supervisor we have a paid ensure that in today’s world, the rights thank the gentleman from Arizona holiday for the employees, we have a of workers are still protected, whether (Mr. GRIJALVA). livable wage for employees as an ac- Let me take this opportunity to it is the workers in the fields, in the knowledgment to the struggles and as thank the gentleman for his words and kitchens, or in our factories. The blue an acknowledgment to the goals of I want to thank him for his leadership. collar workers are invaluable to Amer- Cesar Chavez. In this country, we face I know that, as a freshman, he has al- ica and to the American economy. It is tough times, war, peace, our Nation’s ready made some great impacts here at important that these Americans be obligation to the poor and underrep- the Congress, and it is great to see two treated with the respect and dignity resented in this country. These are Hispanics from the great State of Ari- that they deserve, and that all rights issues that this Congress struggles zona representing that State. afforded to those working in air-condi- with on a daily basis. As we talk about Cesar Chavez, he tioned offices be provided to those that But let me speak for a second on one was a person who grew up in the fruit work in the sun-heated fields and the issue that intertwines what we are fac- and vegetable fields and knew what it like. ing today in Iraq and what we are fac- meant to work them from dawn to America has seen few leaders like ing today on the question of immigra- dusk. He knew the injustices that faced Cesar Chavez. He is among a rare group tion in this country. Even in this labor workers on a daily basis and he who have left a lasting imprint in Chamber, we hear the shrill anti-immi- knew that something had to be done; American history. We can only hope to grant babblings that Cesar Chavez and from those fields Cesar rose to fulfill this vision as we walk through fought so hard against his entire life. I head of the United Farm Workers of the halls of Congress, to create a better want to pause and read a letter to the America, instilling the UFW, the prin- tomorrow for the Hispanic community editor that appeared in our local news- ciples of nonviolence practiced by Gan- and all Americans. paper, the Arizona Daily Star, today. dhi and Dr. Martin Luther King. I want to take this particular time The letter starts ‘‘Truly Ironic.’’ When the UFW began strikes in the and opportunity to also indicate that It is in reference to a March 26 arti- 1960s to protest the treatment of farm as Cesar Chavez struggled and worked, cle entitled ‘‘Immigrant Marine workers, the strikers took a pledge of we could see the strength in the man’s Pledged His Life as a Matter of Honor.’’ nonviolence, determined not to detract face as we saw his eyes. He was a man The gentleman who wrote this letter from the message of improving labor of nonviolence, a person who, as we goes on to say: ‘‘I found this story conditions; and I want to tell the Mem- met this humble individual, gave us truly interesting. Lance Corporal Jose bers this was a critical time in my life strength; and I recall distinctly having Gutierrez from Guatemala was an ille- and in my wife’s life, Carolina, because the opportunity at various times to gal immigrant, or criminal as the hat- this was a time that we had an indi- meet with him and, various times, to ers and vigilantes would call him, who vidual in our community who talked be able to share with him and take instead of dying in the Arizona desert about nonviolence, one of the first. I some pictures with him as well as help- was able to find a foster family, go to had been involved in the civil rights ing those boycotts that he had as the school in America, then die in the Iraqi movement during that time, and I was struggle continued. desert protecting these haters’ and involved in Mexican-American youth He was a unique individual that had vigilantes’ right to keep on hating the organizations during that time, work- a very strong sense of perseverance so-called illegals.’’ Mr. Dennis Jones ing to get single-member districts and that was there and that just his pres- from Kearny, Arizona, wrote that let- getting Hispanics registered to vote. ence, as humble as he was, gave us that ter. I think it fits well to the times, My wife also, while in college, strength. So that is why, when we look and it fits well to the dilemmas that worked with Cesar Chavez in those ef- throughout America, if we look at any this Congress must face and resolve. forts. So both of our lives met both as Hispanic community whether we are in By recognizing Cesar Chavez, we rec- she struggled to help Cesar Chavez, and Arizona or California or Texas, any- ognize ourselves. We extend to our- I worked with voter education and where throughout the Southwest and selves all the traditions and the reali- voter registration. And for those of us beyond, we see the street names of ties of the faces in this country. Chavez who have lived through this time pe- Cesar Chavez. We see the building once said, ‘‘It is possible to become dis- riod, we heard of the great odds Chavez names. Especially, I know in my dis- couraged about the injustice we see ev- faced as he led the successful 5-year trict in south Texas we have a school erywhere, but God did not promise us strike, boycott. Through this boycott, named after Cesar Chavez. We see the that this world would be humane and Chavez was able to forge a national highways that are named after Cesar just. He gives us the gift of life and al- support coalition of unions, church Chavez, one of the Hispanics who we lows us to choose the way we will use groups, students, minorities, con- can say, here is an individual that has our limited time on earth. It is an awe- sumers. And everyone came together; really represented us well, an indi- some opportunity.’’ everyone understood the struggle of vidual that has not only represented In this time when we anguish about the worker. By the end of the boycott, the Hispanic community, but the the future and confront the present everyone knew the chant that unified American community, with the struggles, it is indeed a fitting time to all workers, Si se puede, yes, it can be strength of nonviolence and the pause and recommit ourselves to the done. It was a chant of encouragement, strength to move forward. legacy and the challenge that Cesar of pride and dignity. As we celebrate his birthday on Chavez has given us, a legacy of hope, Chavez continued to speak out in March 31 throughout this country, and compassion and fairness, and a chal- other areas and helped communities to I know like in San Antonio we have

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.128 H01PT1 H2580 CONGRESSIONAL RECORD — HOUSE April 1, 2003 had marches and we had banquets that would be getting a better education, are vital programs in this country, and allow for the opportunity to continue getting better protection, moving for- I know the administration is looking the struggle, continue the education, ward in obtaining a home, whatever it at taking both the Medicaid and the that we still have people that are out was. CHIP, in addition to that, taking the there. We still have individuals that He lived in humble ways even up to disproportional share of moneys that are working the fields. We still have in- his death, but I know that as he talked go to our hospitals. Those are moneys dividuals that need our respect and about the importance of education, that go directly to our hospitals, espe- need the services and need to be treat- that we must continue. I know, as cially those hospitals that provide the ed in a dignified way; and it is impor- Latinos and Hispanics throughout this indigent care, where they do not get tant for us not to lose track of the fact country, that he would argue about the compensated for the type of care that that these individuals are the ones that fact that we still have a long way to they provide. So these three programs, either pick the strawberries or pick the go. the proposal is to lump them up and fruits and the foods that we eat, and We still have too many youngsters send them to the State. that we need to treat them in a dig- that are dropping out of school. I know I know that it goes also with a cap, nified way. And he brought that to us among the Mexican American commu- but it is important for us, and those and he brought that education. nity in the State of Texas, some dis- programs have worked well independ- And I know that people like Presi- tricts have up to 50 percent of our kids ently, and we ask that we work hard to dent Kennedy had a great deal of re- that drop out. That is too many. Each keep them independent. In fact, we spect and would come to him, and he one of us has a responsibility, starting need additional resources for Medicaid. was able to have those contacts during with those parents, of making sure We need initial resources for the CHIP the time when few Hispanics were able that their kids stay in school, starting program, and our hospitals are having to reach those levels. also with the school system, making difficulty, our trauma centers, in the Cesar Chavez will never be forgotten, sure that they also do everything they type of care that they provide through- mainly because of what he did and can to keep those kids in school, start- out this country. what he represents. So I wanted to ing with those communities that have This is the time for us, instead of take this opportunity tonight to talk an obligation and responsibility to also looking at a tax cut, to move forward about this man and talk a little bit work with the school system and the and provide access to care, and those about the things that he talked about, teachers to help the teachers out in as- three programs are the most vulner- because as we talk about those things suring that those kids remain in able of this country. now, Cesar Chavez began this road of school. 2000 change, but it is up to those of us who Because our Nation is a powerful na- b come here after him to continue that tion. It is a superpower, and the only Mr. Speaker, I know Chavez was al- struggle, to continue that work, and to reason it is a superpower is because we ways supportive of access to health continue that vision for a better to- also have a super economy, and that is care. In this country that has the best morrow, that commitment to the com- directly tied into our education. So it health care in the world, it makes no munity, that commitment to making becomes really important. And I know sense that that access to that health sure that we make things better. And that Cesar Chavez would say that edu- care is not affordable and not acces- it is important as individuals and it is cation is key, whether it be a formal sible to a lot of Americans. So as we important as a community that we education or an education where one celebrate and pay tribute to Cesar Cha- continue those efforts. begins to educate oneself informally vez, it is important that we continue I want to ask every American, be- about what needs to happen and what that struggle. And I ask all Americans cause I know Cesar Chavez would oper- needs to occur. That is important. out there and say that we need to zero ate from the same perspective, that I know that Cesar Chavez would also in and continue those efforts as it deals each one of us has a responsibility and feel very strongly when it comes to the with education and as it deals with an obligation. Just like he started issue of health care, and I know that in health care. without a formal education, he edu- the area of health care, Cesar worked In the area of education, one of the cated himself, and I know that he very hard to try to get access to health best programs that we have ever had would want all Americans, both His- care for our young people; and I know that has reached out to the young peo- panic and non-Hispanic, to continue as we look at that issue of health care ple has been the program on Head that struggle of continuing to further and we look at the issue of the CHIP Start. Head Start has been a program their education, whether it be formal program that we have right now, the that was originally designed to meet a or informal, that effort of trying to CHIP program is a program that re- need, because States were not going better themselves and making sure sponds to those kids that are out there, out and reaching out to those young that whether they are out there as to those constituents and those Ameri- people, pre-schoolers. We knew that if janitors that they continue to move cans that are out there that are work- the States were not doing that, that as forward to become whatever they can ing, making $20,000, $30,000, maybe a Federal Government we had a respon- in terms of either, if nothing else, head more, but find themselves without in- sibility and an obligation to do that. janitor of that school and then move surance. A lot of them are working for So we started the Head Start program. forward in advancing themselves. small companies. A lot of them are The studies that we have for the I know that Cesar Chavez valued edu- working individually and find them- Head Start program reveal that it is a cation, and he stressed the importance selves unable to get the coverage that great program. It has great statistics, of education, and he worked to try to they need. So that CHIP program that although it needs more resources. get the migrant workers to get access provides that health care is one that is Right now it is only covering about 40 to education. And as we talk about extremely important, one that is crit- percent of the young people that are education, I know that right now we ical. So at this point in time we need qualified for it. So we still have a large have those struggles that are going on to be supportive of those kinds of pro- number of young people that could in education. We know that our present grams. qualify for that. So Head Start is a budget, when it comes to Leave No In addition, I know that the adminis- great program. Of the early childhood Child Behind, is actually $9 billion be- tration is looking at taking the CHIP programs, we only cover 2 percent of hind; and I know that he would be talk- program, the Medicaid program, which early childhood under Head Start. So it ing about the importance of investing is a program that helps our indigents, is a minimal program that could be ex- in our kids, the importance of invest- those that are the most vulnerable of panded. It is under the Department of ing in our country, and that education this country, those that do not have Health for a good reason, because it is key to fulfilling that American access to resources, those that cannot also reaches out to those families; it dream. And to him I know that that afford to pay for their access to health reaches out to the parents of those American dream would be just to fulfill care. kids. The data shows that a Head Start their lives in a way that would allow That Medicaid program is key. Both baby, a Head Start youngster does a lot them to move forward, whether it the Medicaid and the CHIP program better in school and is able to go

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.129 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2581 through, and the data shows and the professors, to be able to be our doctors, least power as we foresee, here is a per- statistics indicate that that youngster and to be able to be our engineers in son who gave a great deal and gave his and those kids under Head Start can do this country. life to that struggle, a person who saw a lot better. As we look in terms of our future, we a problem and worked at it and was So Cesar Chavez would be extremely know that in our universities, the ex- persistent about it. So I want to en- supportive of those kinds of programs. pense of higher education, and we have courage each one of us to look at his As we once again take this time to pay to make sure that we provide that edu- life and see in what ways we can par- tribute to the legacy of Cesar Chavez, cation that is needed. ticipate in our community and in what we look at the struggles that he had in So I would challenge all Americans ways we can come forward and help. meeting the needs of those farm work- out there, in the form of Cesar Chavez, One of the big things about Cesar ers, in meeting the needs of those peo- to continue that struggle, to making Chavez is that he never spoke nega- ple that work out in the field. And sure that people can fulfill their Amer- tively against anyone. He always was those kids and those Head Start pro- ican dream, whether they want to be- an extremely polite individual, was al- grams that are out there, meeting come an attorney, whether they want ways positive. One of the things that I their needs is important, and it is one to get the job training to be able to get noticed about him was that he always of the areas that we need to continue. a better job, whatever it is, we have to took personal responsibility for what This administration is choosing to make those programs available, we he did. That personal responsibility is basically do away with Head Start. have to make those opportunities one thing of saying, we all have an ob- Right now it is locally controlled. It is available. Sure, they have to be able to ligation to making sure that everyone a program that has been doing well and come up to the plate and be able to get and every American has an oppor- we will say, why mess with it? Well, I the work done in order to make it hap- tunity for an education. We might say, think they see the resources there, pen. But it is important for us to make well, they do, but in some cases the re- they are choosing to send out those sure that we provide those opportuni- ality is that we still do not have that monies to the State and do away with ties and not to cut those opportunities. access for everyone. We still do not it. We are hoping that that does not Because we have great people out have that opportunity for where every happen. So I ask Americans, if we have there. We have youngsters that can be American is able to go into the univer- a good thing and we have a good pro- attorneys, but they need that help and sities of this country. That is why we gram, it is doing well, why mess with that assistance at an early age. They have programs such as the affirmative it? So as we look at programs such as need those programs such as Head action or programs such as that that Head Start, we know that we can im- Start that can be the basis for making allows an opportunity for minorities to prove on those programs and we need something happen. They need those enter universities throughout this resources. So this is the time to look programs, those after-school programs country. at investing in Americans, investing in that are required in order for them to Today, the Supreme Court began to the educational opportunities of indi- be able to excel and be able to move hear the cases on affirmative action; viduals. forward. and I know that as we look at those When I was elected, and I have been I wanted to take this opportunity, as cases, as they look at those cases, it is in public office now for 29 years, I see we pay tribute to Cesar Chavez, not going to be important, the results of my responsibility is the responsibility only to talk about his work, but the what comes about. I know that Presi- of making things happen, of being able work that also needs to take place dent Bush basically, by deciding to go to fulfill and solve the problems that now, the work that each one of us has against the affirmative action and confront us both in our back yards, in an obligation, each one of us has a re- fighting those opportunities, is basi- our States, in our communities, and in sponsibility as Americans to make sure cally closing the doors on minority ac- our country as a whole. As we look at that our elected officials are held ac- cess to higher education. While saying those problems, one of the things that countable, to make sure that our com- that he supports diversity, his lawyers we know is that we have to continue to munities do the right thing, that our are working to outlaw affirmative ac- enhance our educational capability as school boards do the right thing when tion at the University of Michigan. a Nation. It is important. A lot of peo- it comes to education. As we move for- The President says that considering ple will talk about the fact that we ward, each one of us has a responsi- race and ethnic background is unfair. have too much immigration coming, bility to participate in the democratic Let us look at a system that most of but we forget that immigration has process and to vote. Americans in history silently penalized also been healthy. And if we do cut im- One of the things that concerns me is minority applicants and led the alarm- migration, then we better educate our that as Americans we take our free- ing disparity that we have now. Today, people, because we have also been a doms very lightly. It is not something less than 10 percent of college-age His- brain drain on the rest of the world. that should be taken lightly. Just as panics go to higher education. Only 16 When we look at the figures from 9– we have a right right now, that right percent of Hispanics between the age of 11, Mr. Speaker, we had, on the aver- might not be there tomorrow. Freedom 25 to 29 have a bachelor’s degree. We age, we produced 12,000 to 13,000 doctors comes through struggle, and it is an have a serious education gap in this and bring in 5,000 doctors from abroad. endless process. It does not stop now; it country, and we should not tolerate Here we have five people that are quali- continues. It is one that we have to be this disparity. We cannot accept ex- fied to go to our medical schools, and vigilant and be able to move forward, cuses. We cannot justify smoke and yet we tell two of them, two of those especially as we find ourselves now in mirrors. Affirmative action or taking young people, I am sorry, we do not war with terrorism, because a war with affirmative steps to try to correct this have room for you, we can only accept terrorism is also a war of ideologies. So situation in universities’ admissions three to our medical schools; and yet we have to make sure that we move will not solve all the problems, but it is we bring in on the average about 5,000 forward in a positive way and that we an important tool that is available to from abroad. And that is just in the do not forget the reason why we have schools seeking that diversity, and we medical field. In engineering and all of been a powerful country and that is should not throw out a system until we the others, it is the same. So if we de- that we have been a country of oppor- have a fix. cide to stop immigration, then we bet- tunities, we have been a country of im- The attempt now is to try to throw ter start educating our own, we better migrants, we have been a country that out a system without providing alter- start getting our own engineers, we allows a person to fulfill their greatest natives. Achieving racial diversity, at better start building our medical potential individually. least until the vestiges of past racial schools to produce more doctors. I have So as we take this time, once again, discrimination are erased, is a legiti- not seen the will in the House. We have to pay tribute to a great man, Cesar mate and compelling goal. We know to create that vision of investing in Chavez, who was there for the most and everyone out there knows that we ourselves. We have to be able to make needy of this country, those that work still do not have the appropriate num- sure that as we move forward we have out in the fields, those that pick our bers throughout our universities. In the qualified people to be able to be our foods, those individuals that have the fact, things are getting worse. In

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.131 H01PT1 H2582 CONGRESSIONAL RECORD — HOUSE April 1, 2003 Texas, since the Hopwood case, and I suring that Hispanics and minorities We have always argued that we will talk to my colleagues briefly had an opportunity to further their should not use one test or another, about that, but President Bush said education in Texas. that it should be multiple criteria that that we should not be satisfied with During a conference that I had, we should be utilized for admissions, and our current numbers of minorities on came up with what we called the 20 that every effort ought to be made. American college campuses. He is percent piece of legislation. I filed it I have worked since I was in the sev- right. But other than nice words, what during that time I ran for Congress, enth grade all through high school, and does he offer? Allowing a set percent- and then turned over the piece of legis- there is no way that we can compare age of top high school graduates is bet- lation to a State representative who someone who, in all honesty, did not ter than nothing, but it is not certainly just passed away. We were able to pass work and had an opportunity to do better than affirmative action. Per- it under the 10 percent rule. their homework. Yet I can tell the centage programs will not even begin Let me give a little background what Members, I sit here, and when I went to to work unless we have States with it does. It basically says if you grad- college I was able to eat their lunch large, highly segregated minority pop- uate in the top 10 percent of your class, when I started there. I mean that. Be- ulations. And even then, it is still sec- that the State of Texas has to bring cause other people have to do a variety ond best. you in and allow you to start school. of other things as they move forward, Hispanics will increase by 18 million It is also based on the premise that it whether because of economics or what- in the next 25 years. We must ensure is also discriminatory. I will tell the ever. The reality is that we do have young- that the increase adds up to success, Members right out, that is why we sters out there that do extremely well; with an educated workforce and a passed it, because if we have segregated yet they might be youngsters that growing economy that provides better schools with a concentration of His- have dropped out of school for one rea- lives for all our children and all our panic Americans, then we have an op- portunity to get the top 10 percent to son or another. If we look at the drop- populations. out rates, we see a lot of youngsters When we look at the issue of affirma- be able to go to those schools. that drop out. It is not, a lot of times, tive action, the purpose of affirmative We were successful in doing that, and for academic reasons. I can tell the action, and it was established during the program has been somewhat suc- Members that because I have also been the Nixon years, was an attempt to ba- cessful; but it is not as good as affirma- responsible for some of the assessments sically come up with steps that allowed tive action. The data can show that. on dropout rates, the reasons why an opportunity to seek out qualified But it is a program that works in seg- youngsters drop out, especially Mexi- African Americans, qualified His- regated areas. It is not a program that can Americans. We know that they do panics, and, yes, qualified women. And is going to be successful throughout well. because of the fact that we knew that this country; but it is also, once again, based on the negativism of segregation, My predecessor, Mr. Tejeda, had there was disparities, and just like dropped out of school. Yet he later got and the fact that we have segregated coaches went out and got qualified a bachelor’s and a master’s and a law schools in Texas, where there are a football players, that same effort could degree, and became the U.S. Congress- large concentration, 80 or 90 percent be done to get people to go into law man for this same district, and was in Hispanics in some of our schools. school, those same efforts could be the military. Now, under these condi- done to get people into medical school, The 10 percent has not been that good for African Americans in Texas. In tions, if he had dropped out now, he and into other professions. So affirma- could not be even eligible to get into fact, the numbers are a little lower. tive action, all it means is that we are the military because the military does Yet, despite the gains, it also shows going to make a sincere effort to tak- not accept individuals unless they have that, and I want to share that one of ing steps to bringing up the numbers a high school diploma. They only ac- the other things that the 10 percent and to make sure that we have that va- cept GEDs up to 1 percent in the Air rule shows, and this is important to riety of individuals that will be able to Force and 10 percent in the Army, so note, that the youngsters who do grad- be representative of our Nation and those are issues that need to be dealt uate at the top 10 percent, some of have the African American and the with. Hispanic numbers that are key. them come up with scores that are Education is key. We need to con- much lower, and they show about 1000 b 2015 tinue to emphasize the Federal role in or 1100 on the SAT. They were able to education, the fact that we have a re- I know that since I have worked, get in, and are 200 to 300 points below sponsibility to make sure that our con- when it came to the issues of injustice, some of the others, and do just as well stituency throughout this country is when it came to the issues of equality, as the other students. well educated. those are the issues that I know he If nothing else, the 10 percent has There is a direct correlation between fought for extremely strongly. He felt disapproved the test scores that show education and our economy; and I that everyone needed to be given an op- that even up to 300 points, that those would attest to the Members, there is a portunity, that everyone had a respon- youngsters can outperform those other direct correlation between our econ- sibility to work on making sure that youngsters that do better in those omy and the fact that we are a super- everyone was treated appropriately. major tests when it comes to per- power. If we want to continue to be a If we look at taking affirmative steps forming in those universities. If noth- superpower, we have to continue to in- to get representation, I want to share a ing else, this particular bill has helped vest in our kids. We need to continue little bit about what the administra- to do away with that. to invest in our people, in getting them tion is talking about, a 10 percent bill. If Members really want to come up opportunities to be able to advance The only reason I mention that is be- with a good affirmative action effort, themselves and be able to fulfill their cause the administration mentioned we would do away with those test American dream, whether it be getting that as an alternative to affirmative scores and do what we have always a better job or being able to buy a action. said: use a combination of things to home. I am here to tell the Members that I really look at the youngster’s perform- I think as we look at those issues, am the author of the 10 percent bill, al- ance. You look at the youngster’s and as we pay tribute to Cesar Chavez, though it was 15 percent when I was in grades, you look at the youngster’s I know that he would be continuing the the Texas House, before I came to the tests, you look at his standing in the struggle for the workers in this coun- Congress. The reason why we came up schools, and look, if you can, at the try. That struggle is a continuation of then with 15 and 20 percent, and it be- background of the individual. Because making sure that everyone is treated came 10 percent, was because we knew no one can really judge the motivation in an equitable manner, that everyone we needed an alternative. They just and the drive that someone has to be will have opportunities to be able to wiped out under Hopwood the affirma- able to move forward. That will never advance themselves, either education- tive action efforts in the State of show up on an instrument, on an exam ally or in terms of job training that Texas. We needed to come up with or a test. It becomes important that we might be offered. That becomes real something that would help out in as- use multiple criteria for admission. important.

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.133 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2583 Let me take this opportunity also to Tonight we had an opportunity to have added $3 billion. And I want to indicate that Cesar Chavez was a hum- hear some of our Members talk about personally thank the gentleman from ble individual who, as he worked in the the needs of our veterans. I sit on the New Jersey (Mr. SMITH) for those ef- fields, was able to organize, was able to Committee on Armed Services, and I forts. But next year alone for veterans educate not only the farm workers but also sit on the Committee on Veterans’ discretionary programs including our entire community. I would ask Affairs. We must honor our veterans. Medicare and research construction Americans to look at Cesar Chavez and We honor them by ensuring that they and programs that fund the adminis- the work that he did, because it is an have access to quality benefits and tration cost benefits such as compensa- inspiring work. It is an inspiring thing services once they come home. That is tion pensions and education programs, that we need to continue to come to so important and so key. that is important. That is drastically and educate ourselves about. With our troops in the field, and needed. Also, Members should ask ourselves sadly, with many Americans already I urge all of my colleagues to do the in terms of our role as individuals, in experiencing war’s devastating effects, right thing and honor our commitment terms of our role in the community, it is shameful that the House passed a to our veterans. These cuts are shame- our role in the Nation as we continue budget resolution on the same day, Mr. ful and unacceptable. We must do ev- our struggle on the war on terrorism Speaker, on the same day that our sol- erything we can in a bipartisan way to and the war on Iraq, we need to make diers began Operation Iraqi Freedom, make sure that our veterans get those sure that we do not lose sight of the cutting $15 billion from the veterans services that they are entitled to. fact that we also have a struggle in disability compensation programs and Let me also just say that people this country. That is to make sure we $9.7 billion from the veterans health argue, well, the budget is growing. It is turn the economy around. Part of that care. growing because of the fact that our is a continuous effort in those areas of It is clear that this proposal will veterans are reaching, especially the both education and health. have a devastating effect on the vet- World War II veterans, are reaching In the area of health, as I have indi- erans, the VA health care and the ben- that age where they need us now. They cated earlier, health is one of the areas efit programs, and would serve as a fur- are getting old. They are getting ill. where we continue to make inroads. ther insult to the millions of veterans They need our help. And, yes, our roles Yet, it does not make any sense if our already facing reductions in health are increasing. But we have got to as- constituencies do not have access. care, in compensation, in pensions, and sume as those that fought World War II Right now, our seniors are having a in education benefits. and fought in Korea and Vietnam begin great deal of difficulty being able to The administration’s budget was al- to reach those levels, we have got to be get access to prescription drug cov- ready inadequate to meet the health there for them. This is not the time to erage. I have had seniors come to me care needs of our veterans. Now the Re- cut. After that, the numbers are going and talk about the fact that we had a publicans have gone further and cut to get smaller, but we have got to be struggle in that area in that they have there for them. And for us to argue, to sometimes not buy the food that $844 million above the President’s re- quest for veterans health care next well, we are going to increase it and we they need in order to buy their pre- have been increasing it and we ought scriptions. That should not be hap- year. The proposal, approximately $1.3 billion above 2003 appropriations, will to be comfortable that that is not suffi- pening in this country. cient, we are actually cutting priority We argue about on the border we not even begin to cover the infla- 7 veterans. We are cutting priority 8 have a lot of problems, and we argue tionary impact and anticipated salary veterans. And we have got to be sure about people coming from abroad and increases for VA health care workers. that we do the right thing when it from across the border to access the That budget relies on unrealistic comes to our veterans. health care; but a lot of Americans also management efficiencies, increasing So I want to take this time to thank go across to get access to health care. copayments. It also relies on new an- the veterans who have taken the time A recent study revealed that half or 50 nual enrollment of veterans using the to come out here. I want to appeal to percent of those surveyed actually VA health care system when they are the Republicans when it goes to con- went into Mexico to get access to going to be taxed, and other effi- ference to do the right thing when this health care, buying prescriptions and ciencies such as eliminating 5,000 VA comes to our veterans. We have asked getting medical treatment and dental nursing home beds. At the same time, them to go to Afghanistan. We have treatment, because they could not af- we are asking our veterans to fight in asked them to go to the Gulf War. We ford it in this country. Iraq and to continue the struggle in Af- So we need to make sure not only ghanistan, to continue the difficulties have asked them to go to Vietnam and that we try to make it affordable but that we encounter in Colombia, and we Korea; and now as they reach their twi- also accessible. That is important. So are eliminating 5,000 veteran nursing light years, they need our help. And those specific issues of both education home beds. what are we saying? Our priority is a and health were two primary issues be- The budget resolution also calls for tax cut. That is not right. That is not yond the issues of worker rights that cutting $15 billion over 10 years, $463 right. Cesar Chavez worked on. million in 2004 alone. The VA manda- Every single war, we have the data, Worker rights need to continue to be tory spending under the disguise of has shown that we have had a tax in- on the forefront. We need to under- eliminating fraud, waste and abuse, is crease to pay for the war. But now we stand, and it is unfortunate, yes, that cut. Mr. Speaker, when we look at this got on a tax cut. And I can understand we have to have a minimum wage; but disguise of fraud, waste and abuse, 90 those conservatives that feel that we have a minimum wage because we percent of the spending for VA entitle- sometimes in order to stimulate the also understand and recognize that ment is paid out of monthly payments economy that you would need a tax there are still some people in this to disabled veterans. I do not consider cut. But after looking at that tax cut, country that if they could get away payments to our disabled veterans and Mr. Speaker, I saw that it was $674 bil- with it, that they would pay fifty cents pensions for the poorest disabled vet- lion initially. Thank God it has been for someone to cut their yard instead erans in the GI bill, benefits for sol- cut now. I do not know where it is of paying them appropriately in order diers returning from Afghanistan, to be going to wind up, but it was $674 bil- to help them out, and being able to do fraud, waste, or abuse. lion. Of that, if you would argue from the work that it entails. a conservative perspective that it is Also, in closing, let me take this op- b 2030 going to go to business, the majority of portunity. I know we had some Demo- I recently joined my colleagues on it, and that would help stimulate the crats that were out here. One of the the House Committee on Veterans’ Af- economy, you would also have to take things they talked about was our vet- fairs and I have a great deal of respect into consideration the fact that 80 per- erans. I want to take this opportunity for our leader, the gentleman from New cent of new jobs are created in small to shift, as we pay tribute to Cesar Jersey (Mr. SMITH), a Republican, in a businesses, not major corporations. So Chavez, to talk a little bit about our bipartisan recommendation to the of that $674 billion, less than $18 billion veterans. Committee on the Budget which would actually goes to small businesses.

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.135 H01PT1 H2584 CONGRESSIONAL RECORD — HOUSE April 1, 2003 So even from a conservative perspec- SPECIAL ORDERS GRANTED Housing and Urban Development, transmit- ting the Department’s final rule—Public tive, it does not make any sense. It By unanimous consent, permission to really dos not if you are trying to stim- Housing Homeownership Program [Docket address the House, following the legis- No. FR-4504-F-02] (RIN: 2577-AC15) received ulate the economy. And that is if you lative program and any special orders March 31, 2003, pursuant to 5 U.S.C. believe in that way, which I personally heretofore entered, was granted to: 801(a)(1)(A); to the Committee on Financial do not, and I think we could really help (The following Members (at the re- Services. 1615. A letter from the Deputy Congres- stimulate the economy and solve prob- quest of Mr. HOLT) to revise and extend lems. I really feel that I have been sional Liaison, Federal Reserve Board, trans- their remarks and include extraneous mitting the Board’s final rule—Truth in elected here to solve problems, and we material:) are not doing that here. Lending [Regulation Z; Docket No. R-1136] Mr. DEFAZIO, for 5 minutes, today. received March 31, 2003, pursuant to 5 U.S.C. One of the problems that we are en- Mr. DAVIS of Illinois, for 5 minutes, 801(a)(1)(A); to the Committee on Financial countering is that the States have dif- today. Services. ficulties with their budgets. For home- Ms. NORTON, for 5 minutes, today. 1616. A letter from the Secretary, Depart- ment of Homeland Security, transmitting land defense, we could be providing re- Ms. CARSON of Indiana, for 5 minutes, sources to them. The VA, for example, the Department’s final rule—Enforcement of today. Nondiscrimination on the Basis of Disability just since 9–11 it has cost them close to Ms. WOOLSEY, for 5 minutes, today. 50, $55 million just from going to code in Department of Homeland Security Pro- Ms. JACKSON-LEE of Texas, for 5 min- grams or Activities (RIN: 1601-AA05) received orange every time with more security utes, today. February 28, 2003, pursuant to 5 U.S.C. and other things that they have to do. Mr. CROWLEY, for 5 minutes, today. 801(a)(1)(A); to the Committee on Education So it is costing them money and so we Mr. FILNER, for 5 minutes, today. and the Workforce. have to help our States, and we could 1617. A letter from the Administrator, En- Mr. SCHIFF, for 5 minutes, today. ergy Information Administration, Depart- help them by addressing the issue of Mr. MILLER of North Carolina, for 5 health care and providing resources to ment of Energy, transmitting notification minutes, today. regarding the Energy Information Adminis- health care. Not only would it help the Mrs. MALONEY, for 5 minutes, today. tration’s report entitled, ‘‘Performance Pro- States, but it also would solve a prob- Mr. LANGEVIN, for 5 minutes, today. files of Major Energy Producers 2001’’; to the lem in a very critical area, which is the Mr. CASE, for 5 minutes, today. Committee on Energy and Commerce. 1618. A letter from the Secretary, Depart- area of health care that would allow an Ms. HOOLEY of Oregon, for 5 minutes, opportunity for consumers to have ac- ment of Energy, transmitting the Depart- today. ment’s report entitled, ‘‘Fleet Alternative cess to health care. Mr. INSLEE, for 5 minutes, today. It would allow an opportunity for the Fuel Vehicle Acquisition Report For Fiscal Mr. STRICKLAND, for 5 minutes, Year 2001,’’ pursuant to Public Law 105—388 industry, the hospitals and the doctors today. section 310 112 stat. 3481; to the Committee who are having a rough time, in trau- (The following Members (at the re- on Energy and Commerce. ma centers who are thinking of closing quest of Mrs. BIGGERT) to revise and 1619. A letter from the Assistant Secretary down, it would have that opportunity for Legislative Affairs, Department of State, extend their remarks and include ex- transmitting a listing of gifts by the U.S. for them to be able to get access to traneous material:) those resources and do the job they are Government to foreign individuals for the Mr. PAUL, for 5 minutes, today. period of January 1 through September 30, required to do and do the job that is Mr. WELDON of Florida, for 5 minutes, 2002, pursuant to 22 U.S.C. 2694(2); to the needed, so we would solve a problem today. Committee on International Relations. and provide that access to those indi- Mr. TANCREDO, for 5 minutes, today. 1620. A letter from the Assistant Secretary vidual consumers out there that need for Export Administration, Department of access to health care. But we would f Commerce, transmitting the Department’s final rule—Exports and Reexports of Explo- also help in solving the issue and the SENATE BILL REFERRED problem that the States are having sives Detection Equipment and Related Soft- A bill of the Senate of the following ware and Technology; Imposition and Expan- with the budgets, which is one of the title was taken from the Speaker’s sion of Foreign Policy Controls [Docket No. issues of health care. table and, under the rule, referred as 030213032-3032-01] (RIN: 0694-AB87) received So instead of that $675 billion in the follows: April 1, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); form of a tax cut, we can utilize that in to the Committee on International Rela- a much better way in the area of S. 318. An act to provide emergency assist- tions. ance to nonfarm-related small business con- 1621. A letter from the Secretary, Depart- health care, in the area of education, in cerns that have suffered substantial eco- the area of meeting the needs of our ment of Transportation, transmitting the nomic harm from drought; to the Committee semiannual report of the Inspector General veterans. on Small Business. for the period ending September 30, 2002, pur- So tonight I take pride in coming up f suant to 5 U.S.C. app. (Insp. Gen. Act) sec- and talking about a variety of issues, tion 5(b); to the Committee on Government but our most important issue once ADJOURNMENT Reform. again to pay tribute to the visionary 1622. A letter from the Acting Director, Mr. RODRIGUEZ. Mr. Speaker, I Congressional Budget Office, transmitting Cesar Chavez who helped to inspire a move that the House do now adjourn. great number of Americans in this the report to waive deduction of pay require- The motion was agreed to; accord- ment for two reemployed annuitants; to the country in a nonviolent way. ingly (at 8 o’clock and 36 minutes p.m.) Committee on Government Reform. I want to thank you, Mr. Speaker, for the House adjourned until tomorrow, 1623. A letter from the Assistant Director, the opportunity in allowing me to be Wednesday, April 2, 2003, at 10 a.m. Executive and Political Personnel, Depart- here tonight, and I want to take this ment of the Navy, transmitting a report pur- opportunity to say thank you very f suant to the Federal Vacancies Reform Act much and good night. of 1998; to the Committee on Government Re- EXECUTIVE COMMUNICATIONS, form. ETC. 1624. A letter from the Assistant Director, f Under clause 8 of rule XII, executive Executive and Political Personnel, Depart- communications were taken from the ment of the Navy, transmitting a report pur- LEAVE OF ABSENCE suant to the Federal Vacancies Reform Act Speaker’s table and referred as follows: of 1998; to the Committee on Government Re- By unanimous consent, leave of ab- 1613. A letter from the Assistant Secretary form. sence was granted to: for Legislative Affairs, Department of State, 1625. A letter from the Assistant Director, Mr. SIMMONS (at the request of Mr. transmitting a copy of the Presidential De- Executive and Political Personnel, Depart- DELAY) for today on account of attend- termination No. 2003-10, on Waiver of Condi- ment of Defense, transmitting a report pur- ing the funeral of a constituent who tions on Obligation and Expenditure of suant to the Federal Vacancies Reform Act was a member of the Armed Forces Funds for Planning, Design, and Construc- of 1998; to the Committee on Government Re- tion of a Chemical Weapons Destruction Fa- form. who was killed while serving in Iraq. cility in Russia; to the Committee on Armed 1626. A letter from the Secretary, Depart- Mr. MCINNIS (at the request of Mr. Services. ment of Education, transmitting the annual DELAY) for today on account of sur- 1614. A letter from the Assistant General report concerning surplus Federal real prop- gery. Counsel for Regulations, Department of erty disposed of to educational institutions,

VerDate Jan 31 2003 02:50 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.137 H01PT1 April 1, 2003 CONGRESSIONAL RECORD — HOUSE H2585 pursuant to 40 U.S.C. 484(o); to the Com- for printing and reference to the proper JOHNSON of Texas, Mr. BECERRA, Mr. mittee on Government Reform. calendar, as follows: HOUGHTON, and Mr. FOLEY): 1627. A letter from the Director, Office of H.R. 1536. A bill to amend the Internal Rev- White House Liaison, Department of Edu- Mr. LINDER: Committee on Rules. House enue Code of 1986 to treat distributions from cation, transmitting a report pursuant to Resolution 168. Resolution providing for con- publicly traded partnerships as qualifying in- the Federal Vacancies Reform Act of 1998; to sideration of the bill (H.R. 743) to amend the come of regulated investment companies, the Committee on Government Reform. Social Security Act and the Internal Rev- and for other purposes; to the Committee on 1628. A letter from the Attorney/Advisor, enue Code of 1986 to provide additional safe- Ways and Means. Department of Transportation, transmitting guards for Social Security and Supplemental By Mr. JOHN: a report pursuant to the Federal Vacancies Security Income beneficiaries with rep- H.R. 1537. A bill to amend the Migratory Reform Act of 1998; to the Committee on resentative payees, to enhance program pro- Bird Treaty Act to clarify that restrictions Government Reform. tections, and for other purposes (Rept. 108– on baiting of migratory game birds do not 1629. A letter from the Chairman, Federal 54). Referred to the House Calendar. prohibit the taking of a migratory game bird Maritime Commission, transmitting the An- f on or over manipulated re-growth of a har- nual Program Performance Report for FY vested rice crop; to the Committee on Re- 2002; to the Committee on Government Re- PUBLIC BILLS AND RESOLUTIONS sources. form. By Mr. KING of New York (for himself, 1630. A letter from the Chairman, Federal Under clause 2 of rule XII, public Mrs. MALONEY, Mr. ENGEL, and Mr. Trade Commission, transmitting the semi- bills and resolutions were introduced and severally referred, as follows: STEARNS): annual report on the activities of the Office H.R. 1538. A bill to posthumously award of Inspector General for the period ending By Mr. YOUNG of Alaska (for himself, congressional gold medals to government September 30, 2002, pursuant to 5 U.S.C. app. Mr. MICA, Mr. OBERSTAR, and Mr. workers and others who responded to the at- (Insp. Gen. Act) section 5(b); to the Com- DEFAZIO): tacks on the World Trade Center and the mittee on Government Reform. H.R. 1527. A bill to amend title 49, United 1631. A letter from the Comptroller Gen- Pentagon and perished and to people aboard States Code, to authorize appropriations for United Airlines Flight 93 who helped resist eral, General Accounting Office, transmit- the National Transportation Safety Board ting information concerning GAO employees the hijackers and caused the plane to crash, for fiscal years 2003 through 2006, and for to require the Secretary of the Treasury to who were assigned to congressional commit- other purposes; to the Committee on Trans- tees as of January 21, 2003; to the Committee mint coins in commemoration of the Spirit portation and Infrastructure. of America, recognizing the tragic events of on Government Reform. By Mr. PORTMAN: 1632. A letter from the Assistant Adminis- September 11, 2001, and for other purposes; to H.R. 1528. A bill to amend the Internal Rev- trator for Fisheries, NMFS, National Oce- the Committee on Financial Services. enue Code of 1986 to protect taxpayers and anic and Atmospheric Administration, trans- By Mr. KLECZKA (for himself and Mr. ensure accountability of the Internal Rev- mitting the Administration’s final rule— STARK): enue Service; to the Committee on Ways and Fisheries of the Exclusive Economic Zone H.R. 1539. A bill to amend title XVIII of the Means. Off Alaska; Seasonal Area Closure to Trawl, Social Security Act to limit the hospital By Mr. SENSENBRENNER: Pot, and Hook-and-Line Fishing in Waters ownership exception to physician self-refer- H.R. 1529. A bill to amend title 11 of the off Cape Sarichef [Docket No. 03114012-3046- ral restrictions to interests purchased on United States Code with respect to the dis- 02; I.D. 121902F] (RIN: 0648-AQ46) received terms generally available to the public; to missal of certain involuntary cases; to the March 31, 2003, pursuant to 5 U.S.C. the Committee on Energy and Commerce, Committee on the Judiciary. 801(a)(1)(A); to the Committee on Resources. and in addition to the Committee on Ways 1633. A letter from the Acting Director, Of- By Mr. NUSSLE (for himself, Mr. and Means, for a period to be subsequently fice of Sustainable Fisheries, NMFS, Na- RAMSTAD, Mr. LUCAS of Kentucky, determined by the Speaker, in each case for tional Oceanic and Atmospheric Administra- Mr. GREEN of Wisconsin, Mr. GRAVES, consideration of such provisions as fall with- tion, transmitting the Administration’s final and Mr. PAUL): in the jurisdiction of the committee con- rule—Fisheries of the Notheastern United H.R. 1530. A bill to amend the Internal Rev- cerned. States; Northeast (NE) Multispecies Fishery; enue Code of 1986 to clarify the exemption By Mr. LANGEVIN (for himself, Mr. Commercial Haddock Harvest [Docket No. from tax for small property and casualty in- ABERCROMBIE, Ms. CORRINE BROWN of 000407096-01; I.D. 031003B] received March 31, surance companies; to the Committee on Florida, Mr. CASE, Mr. CLAY, Mr. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ways and Means. CONYERS, Ms. DELAURO, Mr. FRANK of Committee on Resources. By Mr. MCCRERY: Massachusetts, Mr. JACKSON of Illi- 1634. A letter from the Assistant Adminis- H.R. 1531. A bill to amend the Internal Rev- nois, Mr. LEWIS of Georgia, Ms. trator for Fisheries, NMFS, National Oce- enue Code of 1986 to enhance energy con- LOFGREN, Mrs. MCCARTHY of New anic and Atmospheric Administration, trans- servation and to provide for reliability and York, Ms. MCCOLLUM, Mr. MEEHAN, mitting the 2002 report on the Apportion- diversity in the energy supply for the Amer- Mr. MORAN of Virginia, Ms. NORTON, ment of Membership on the Regional Fishery ican people, and for other purposes; to the Mr. PASCRELL, Ms. SCHAKOWSKY, Mr. Management Councils pursuant to section Committee on Ways and Means. SERRANO, Mr. LANTOS, Mr. WAXMAN, 302 (b)(2)(B) of the Magnuson- Stevens Fish- By Mr. BARTLETT of Maryland (for Mr. WEXLER, and Ms. WOOLSEY): ery Conservation and Management Act; to himself, Mr. ANDREWS, Mrs. MCCAR- H.R. 1540. A bill to ensure greater account- the Committee on Resources. THY of New York, Mr. ACKERMAN, Mr. ability by licensed firearms dealers; to the 1635. A letter from the Acting Director, Of- TANCREDO, and Mr. BLUMENAUER): Committee on the Judiciary. fice of Sustainable Fisheries, NMFS, Na- H.R. 1532. A bill to amend the Animal Wel- By Mrs. MALONEY (for herself, Ms. tional Oceanic and Atmospheric Administra- fare Act to strengthen enforcement of provi- CORRINE BROWN of Florida, Mr. tion, transmitting the Administration’s final sions relating to animal fighting, and for SERRANO, Mr. BISHOP of Georgia, Ms. rule—Fisheries of the Exclusive Economic other purposes; to the Committee on Agri- WOOLSEY, Mr. BRADY of Pennsyl- Zone Off Alaska; Pollock in Statistical Area culture. vania, Mr. JACKSON of Illinois, and 610 of the Gulf of Alaska [Docket No. By Mrs. BIGGERT (for herself and Mr. Mr. WYNN): 021122286-3036-02; I.D. 030703A] received March FORD): H.R. 1541. A bill to amend title 13, United 31, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 1533. A bill to amend the securities States Code, to provide for a just apportion- the Committee on Resources. laws to permit church pension plans to be in- ment of Representatives in Congress for all 1636. A letter from the Chief, Regulations vested in collective trusts; to the Committee States; to the Committee on Government Unit, Internal Revenue Service, transmitting on Financial Services. Reform. the Service’s final rule—Constructive Sales By Mr. CARDIN (for himself, Mr. By Mrs. MALONEY (for herself, Mr. Treatment for Appreciated Financial Posi- GEORGE MILLER of California, Mr. SERRANO, Mr. HINCHEY, Mr. TOWNS, tions—received March 18, 2003, pursuant to 5 RANGEL, Mr. STARK, Mr. LEVIN, and Mr. MCNULTY, Mr. OWENS, Mr. NAD- U.S.C. 801(a)(1)(A); to the Committee on Mr. MCDERMOTT): LER, Mr. ISRAEL, Mr. CROWLEY, and Ways and Means. H.R. 1534. A bill to improve the ability of Mrs. LOWEY): 1637. A letter from the Chairman, MedPac, the child welfare system to prevent and re- H.R. 1542. A bill to amend the Robert T. transmitting the Commission’s preliminary spond to child abuse and place children in Stafford Disaster Relief and Emergency As- comments on the Department of Health and safe, loving, and permanent homes; to the sistance Act to modify the terms of the com- Human Services per diem prospective system Committee on Ways and Means. munity disaster loan program, to authorize for inpatient psychiatric facility care; to the By Mr. ENGLISH: assistance under that program for losses re- Committee on Ways and Means. H.R. 1535. A bill to amend the Internal Rev- lated to the terrorist attacks of September f enue Code of 1986 to repeal the mid-quarter 11, 2001, and for other purposes; to the Com- REPORTS OF COMMITTEES ON convention for depreciable property; to the mittee on Transportation and Infrastruc- PUBLIC BILLS AND RESOLUTIONS Committee on Ways and Means. ture. By Mr. HERGER (for himself, Mr. JEF- By Mr. SESSIONS (for himself, Mr. Under clause 2 of rule XIII, reports of FERSON, Mr. CRANE, Mr. HAYWORTH, BAKER, Mr. PAUL, Mr. MOORE, Mr. committees were delivered to the Clerk Mr. MCINNIS, Mr. RAMSTAD, Mr. SAM SHAYS, Ms. JACKSON-LEE of Texas,

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Mr. FRANK of Massachusetts, and Mr. availability of homeowners’ insurance; to H.R. 401: Mr. GERLACH, Mr. BURTON of Indi- ROYCE): the Committee on Financial Services. ana, and Mr. BRADY of Pennsylvania. H.R. 1543. A bill to amend the Fair Credit By Mr. LANTOS: H.R. 434: Mr. BOOZMAN, Mr. GREENWOOD, Reporting Act to exempt certain commu- H. Con. Res. 133. Concurrent resolution ex- Mrs. CUBIN, Mr. MURPHY, Mr. SOUDER. Mr. nications from the definition of consumer re- pressing the concern of Congress over Rus- HERGER, Mr. SESSIONS, and Mr. BACHUS. port, and for other purposes; to the Com- sian and Syrian actions in support of Iraq; to H.R. 440: Ms. LINDA T. SANCHEZ of Cali- mittee on Financial Services. the Committee on International Relations. fornia, Mr. MCDERMOTT, and Mr. MENENDEZ. By Mr. NADLER: By Mr. ROYCE (for himself, Mr. PAYNE, H.R. 442: Mr. LANTOS and Ms. SLAUGHTER. H.R. 1544. A bill to amend the Bank Protec- Mr. FLAKE, and Mr. JEFFERSON): H.R. 463: Mr. CARDOZA, Ms. ESHOO, Mr. SAM tion Act of 1968 and the Federal Credit Union H. Con. Res. 134. Concurrent resolution ac- JOHNSON of Texas, Mr. GONZALEZ, Mr. HONDA, Act to require enhanced security measures knowledging the deepening relationship be- and Mr. FROST. at depository institutions and automated tween the United States and the Republic of H.R. 466: Mr. TURNER of Ohio. teller machines sufficient to provide surveil- Djibouti and recognizing Djibouti’s role in H.R. 490: Mr. MCHUGH and Mr. GONZALEZ. lance pictures which can be used effectively combating terrorism; to the Committee on H.R. 501: Ms. BERKLEY. as evidence in criminal prosecutions, to International Relations. H.R. 577: Mr. MICHAUD. amend title 28, United States Code, to re- By Mr. BRADY of Pennsylvania (for H.R. 584: Mr. YOUNG of Alaska and Mr. ACK- quire the Federal Bureau of Investigation to himself, Mr. FATTAH, Mr. HOEFFEL, ERMAN. make technical recommendations with re- Mr. HOYER, Mr. KANJORSKI, Ms. WA- H.R. 594: Mr. MATHESON, Ms. KAPTUR, Mr. gard to such security measures, and for other TERS, Mr. HOLT, Mr. WYNN, Mr. SCOTT of Virginia, and Mr. LARSON of Con- purposes; to the Committee on Financial DOYLE, Mr. HOLDEN, Mr. HASTINGS of necticut. Services, and in addition to the Committee Florida, Mr. TOWNS, Mr. MOORE, Mr. H.R. 614: Mr. DAVIS of Tennessee. on the Judiciary, for a period to be subse- MCNULTY, Mr. ABERCROMBIE, Mr. HIN- H.R. 643: Ms. BALDWIN and Mr. ANDREWS. quently determined by the Speaker, in each CHEY, Ms. WATSON, Mr. MARKEY, Mr. H.R. 648: Mr. HOSTETTLER, Mr. YOUNG of case for consideration of such provisions as DELAHUNT, Ms. BORDALLO, Mr. Alaska, Mr. WICKER, Mr. SOUDER, and Mr. fall within the jurisdiction of the committee BALLANCE, Mr. WALSH, Ms. NORTON, NETHERCUTT. concerned. Mrs. CHRISTENSEN, Mr. CONYERS, Ms. H.R. 660: Mr. KIRK, Mr. BURTON of Indiana, By Mr. PAUL: KILPATRICK, Mr. CUMMINGS, Mr. Mr. WICKER, Mr. WYNN, Mr. HEFLEY, and Mr. H.R. 1545. A bill to prohibit Federal offi- OWENS, Mr. LEWIS of Georgia, Mr. ROGERS of Alabama. cials from paying any Federal funds to any GERLACH, Mr. SCOTT of Virginia, Mr. H.R. 664: Mr. RYAN of Ohio, Mr. JACKSON of individual or entity that performs partial- CLAY, Ms. DELAURO, Mr. UDALL of Illinois, Mr. DAVIS of Illinois, and Mr. birth abortions; to the Committee on Energy Colorado, Ms. ROS-LEHTINEN, Ms. KILDEE. and Commerce. CARSON of Indiana, Mr. ENGLISH, Mr. H.R. 666: Mr. MCHUGH. By Mr. PAUL: BROWN of Ohio, Mr. GREENWOOD, Mrs. H.R. 685: Mr. FATTAH. H.R. 1546. A bill to provide that the inferior JONES of Ohio, Mr. FROST, Mr. MUR- H.R. 707: Ms. BERKLEY and Mr. DOYLE. courts of the United States do not have ju- THA, Ms. HART, Mr. TOOMEY, Mr. PE- H.R. 737: Mr. ORTIZ. risdiction to hear abortion-related cases; to TERSON of Pennsylvania, Mr. MUR- H.R. 745: Mr. HOEFFEL. the Committee on the Judiciary. PHY, Mr. SHERWOOD, Mr. WELDON of H.R. 761: Ms. BERKLEY. By Mr. PAUL: Pennsylvania, Mr. PASCRELL, Mr. H.R. 767: Mr. FEENEY, Mr. OTTER, Mr. OSE, H.R. 1547. A bill to restore first amendment BISHOP of Georgia, Mr. DINGELL, Mr. and Mr. JENKINS. protections of religion and religious speech; INCHEY MCDERMOTT, Mr. THOMPSON of Mis- H.R. 774: Mr. H . to the Committee on the Judiciary. ANTOS sissippi, Mr. RYAN of Ohio, Mr. JEF- H.R. 776: Mr. L . By Mr. PAUL: H.R. 785: Mr. LANTOS, Mr. JEFFERSON, and FERSON, Mr. GRIJALVA, Ms. SLAUGH- H.R. 1548. A bill to prohibit any Federal of- Ms. GINNY BROWN-WAITE of Florida. TER, Ms. JACKSON-LEE of Texas, Mr. ficial from expending any Federal funds for H.R. 786: Mr. MOORE, Ms. GINNY BROWN- FALEOMAVAEGA, Mr. GEPHARDT, Mr. any population control or population plan- WAITE of Florida, and Mr. WALDEN of Oregon. WATT, Mrs. LOWEY, Mr. SHUSTER, Mr. ning program or any family planning activ- H.R. 804: Ms. GINNY BROWN-WAITE of Flor- CROWLEY, Mr. CAPUANO, Mr. LARSON ity; to the Committee on International Rela- ida. of Connecticut, Ms. KAPTUR, Mr. tions, and in addition to the Committee on H.R. 806: Mr. WYNN and Mr. MENENDEZ. PALLONE, Mr. SKELTON, Mr. ACKER- Energy and Commerce, for a period to be H.R. 807: Mr. HULSHOF. MAN, Mr. WEINER, Mr. FORD, Mr. NAD- subsequently determined by the Speaker, in H.R. 808: Ms. DUNN. LER, Mr. SPRATT, Ms. PELOSI, Mr. each case for consideration of such provi- H.R. 811: Ms. KAPTUR. ENGEL, Mr. JACKSON of Illinois, Mr. sions as fall within the jurisdiction of the H.R. 813: Mr. CASE, Mr. RANGEL, Mr. MUR- MENENDEZ, Ms. VELAZQUEZ, Mr. committee concerned. THA, and Mr. GILCHREST. SAXTON, Mr. TAYLOR of Mississippi, By Mr. RANGEL: H.R. 816: Ms. CARSON of Indiana. Mr. MEEHAN, Mr. ANDREWS, Ms. H.R. 1549. A bill to amend the Internal Rev- H.R. 817: Mr. PICKERING. MILLENDER-MCDONALD, Mr. DAVIS of enue Code of 1986 to restore and make perma- H.R. 854: Mr. LANTOS. Illinois, Mr. LOBIONDO, and Mr. nent the exclusion from gross income for H.R. 871: Mr. BERRY and Mr. SHIMKUS. GEORGE MILLER of California): amounts received under qualified group legal H.R. 872: Mr. HERGER. H. Res. 169. A resolution honoring the life services plans and to increase the maximum H.R. 880: Mr. OWENS and Mr. STUPAK. and faithful service of former Congressman amount of the exclusion; to the Committee H.R. 882: Mr. KING of New York and Mr. Lucien E. Blackwell of Pennsylvania; to the on Ways and Means. GOODE. Committee on House Administration. By Mr. REHBERG (for himself, Mr. H.R. 886: Mr. BISHOP of Georgia. MCINNIS, and Mr. RENZI): f H.R. 898: Mr. MARKEY. H.R. 1550. A bill to authorize the Secretary H.R. 927: Mr. BRADY of Texas, Mr. SMITH of of the Interior and the Secretary of Agri- ADDITIONAL SPONSORS Michigan, and Mr. HEFLEY. culture to make grants to improve the com- Under clause 7 of rule XII, sponsors H.R. 935: Ms. LINDA T. SANCHEZ of Cali- mercial value of forest biomass for electric were added to public bills and resolu- fornia. energy, useful heat, transportation fuels, pe- H.R. 943: Mr. LYNCH and Mr. FEENEY. troleum-based product substitutes, and other tions as follows: H.R. 953: Mr. FRANK of Massachusetts and commercial purposes; to the Committee on H.R. 2: Mrs. MUSGRAVE. Mr. HILL. Agriculture, and in addition to the Commit- H.R. 40: Mr. PAYNE. H.R. 965: Mr. ISRAEL, Mr. BLUMENAUER, Mr. tees on Resources, and Science, for a period H.R. 49: Mr. SHADEGG, Mr. DOOLEY of Cali- MICHAUD, and Mr. KLECZKA. to be subsequently determined by the Speak- fornia, and Mr. FROST. H.R. 966: Ms. BERKLEY. er, in each case for consideration of such pro- H.R. 109: Mr. FEENEY and Mr. ABER- H.R. 977: Mr. NUNES and Mr. RENZI. visions as fall within the jurisdiction of the CROMBIE. H.R. 997: Mr. BROWN of South Carolina and committee concerned. H.R. 126: Mrs. MALONEY and Mr. RYAN of Mr. JENKINS. By Ms. SCHAKOWSKY (for herself and Ohio. H.R. 1006: Mr. LEACH, Mr. ACKERMAN, Mrs. Ms. DELAURO): H.R. 185: Mr. DOOLEY of California, Mr. MCCARTHY of New York, Ms. SCHAKOWSKY, H.R. 1551. A bill to amend the Richard B. FROST, and Mr. CARDOZA. and Mr. DOYLE. Russell National School Lunch Act to ensure H.R. 218: Mr. TANCREDO. H.R. 1039: Ms. SOLIS. the safety of meals served under the school H.R. 260: Mr. LANGEVIN. H.R. 1048: Ms. BERKLEY. lunch program and the school breakfast pro- H.R. 284: Mr. PAUL, Mr. NETHERCUTT, Mr. H.R. 1049: Mr. HOSTETTLER and Mr. KLINE. gram; to the Committee on Education and DOOLITTLE, Mr. ROGERS of Michigan, Mrs. H.R. 1057: Mr. BRADY of Texas, Mr. the Workforce. MUSGRAVE, Mr. HINCHEY, Mr. LAMPSON, Mr. FRELINGHUYSEN, Mrs. NORTHUP, Mr. PUTNAM, By Mr. WELDON of Florida (for him- GONZALEZ, Mr. BECERRA, Mr. THOMPSON of and Mr. COOPER. self and Mr. JOHN): California, Mr. INSLEE, AND MS. CARSON of H.R. 1068: Mr. KIRK, Mr. STRICKLAND, Mr. H.R. 1552. A bill to establish a Federal pro- Indiana. DEUTSCH, Ms. WATSON, Mr. MCDERMOTT, and gram to provide reinsurance to improve the H.R. 343: Ms. DELAURO and Mr. MICHAUD. Ms. BERKLEY.

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H.R. 1077: Mr. EMANUEL and Mr. DOOLEY of California, Mr. WAMP, and Mr. H.R. 522 ETHERIDGE. PAYNE. H.R. 1097: Mr. UDALL of Colorado, Mr. KEN- H.R. 1483: Mr. KILDEE and Ms. CARSON of OFFERED BY: MR. OSE NEDY of Rhode Island, and Mr. SCHIFF. Indiana. AMENDMENT NO. 1: Page 4, beginning on H.R. 1108: Mr. BISHOP of Georgia and Mr. H.R. 1485: Mr. RANGEL. line 10, strike ‘‘means—’’ and all that follows H.R. 1499: Mr. ANDREWS and Mr. SNYDER. DAVIS of Alabama. through page 7, line 2, and insert ‘‘means H.R. 1122: Mr. STARK, Ms. SOLIS, Mr. H.R. 1508: Ms. MILLENDER-MCDONALD. H.R. 1519: Mr. RADANOVICH and Mr. GOR- $100,000.’.’’ (and conform any cross references HONDA, Ms. BORDALLO, Mr. BERMAN, and Mr. appropriately). SCHIFF. DON. H.R. 1522: Mr. MCDERMOTT. H.R. 1136: Mr. KOLBE. Page 19, strike line 20 and all that follows H.J. Res. 22: Mr. BALLENGER and Mr. BOS- H.R. 1154: Mr. BARRETT of South Carolina. through page 20, line 4, and insert ‘‘means WELL. H.R. 1157: Mr. HONDA. $100,000.’.’’. H. Con. Res. 19: Mr. LUCAS of Kentucky, H.R. 1185: Mrs. JOHNSON of Connecticut and Mr. DOYLE, Mrs. CAPPS, Mr. COOPER, Mr. Mr. NEAL of Massachusetts. H.R. 522 MICHAUD, and Mr. WATT. H.R. 1196: Mr. MCDERMOTT. H. Con. Res. 49: Mr. CROWLEY, Mr. OFFERED BY: MR. ROHRABACHER H.R. 1205: Mr. JACKSON of Illinois. RODRIGUEZ, Mrs. MALONEY, Mr. ABER- H.R. 1210: Mr. LAMPSON, Mr. LATOURETTE, AMENDMENT NO. 2: Page 3, strike line 19 CROMBIE, Mr. SCHIFF, Mr. SHERMAN, and Mr. Mr. BISHOP of New York, and Mr. DOYLE. and all that follows through page 20, line 13 KIRK. H.R. 1233: Mr. NORWOOD. [section 3 of the bill] (and redesignate subse- H. Con. Res. 109: Ms. KAPTUR, Mr. PORTER, H.R. 1244: Mr. CARDOZA and Mr. GRAVES. quent sections and any cross reference to H.R. 1252: Mr. BARTLETT of Maryland. and Mr. GREENWOOD. H. Con. Res. 119: Mr. WILSON of South Caro- any such section, and conform the table of H.R. 1267: Mr. HOLT, Mr. RYAN of Ohio, Mr. lina, Ms. ROS-LEHTINEN, Mr. SOUDER, Mr. contents, accordingly). HASTINGS of Florida, Ms. WATSON, Ms. HAR- SHADEGG, and Mr. SULLIVAN. MAN, Mrs. JONES of Ohio, Ms. EDDIE BERNICE H.R. 735 H. Res. 121: Mr. SMITH of Michigan. JOHNSON of Texas, Mr. HONDA, Mr. COSTELLO, H. Res. 127: Mr. DAVIS of Alabama. OFFERED BY: MR. WAXMAN and Mr. BRADY of Pennsylvania. H. Res. 136: Mr. LEWIS of Kentucky. H.R. 1276: Mr. MARIO DIAZ-BALART of Flor- AMENDMENT NO. 1: In section f ida, Mr. OSE, Mr. QUINN, Mr. WELDON of 8348(h)(1)(B)(i) of title 5, United States Code Pennsylvania, and Mr. HOEFFEL. DELETIONS OF SPONSORS FROM (as proposed to be amended by section 2(c) of H.R. 1279: Mr. GRAVES, Mr. TANNER, Mr. PUBLIC BILLS AND RESOLUTIONS the bill), strike ‘‘include’’ and insert ‘‘ex- BOSWELL, and Mr. NORWOOD. clude’’. H.R. 1290: Ms. ESHOO. Under clause 7 of rule XII, sponsors In section 8348(h)(1)(B)(ii) of title 5, United H.R. 1291: Mr. HINCHEY and Mr. DAVIS of were deleted from public bills and reso- Alabama. lutions as follows: States Code (as proposed to be amended by section 2(c) of the bill), strike ‘‘included H.R. 1294: Ms. JACKSON-LEE of Texas and H.R. 1006: Mr. ALEXANDER. Mr. DEFAZIO. shall not’’ and insert ‘‘excluded shall’’. f H.R. 1340: Mr. HINCHEY and Ms. DELAURO. H.R. 735 H.R. 1348: Mr. PASCRELL. PETITIONS, ETC. H.R. 1358: Mr. WEXLER, Mr. MCNULTY, Mr. OFFERED BY: MR. TOM DAVIS OF VIRGINIA FROST, and Mr. RANGEL. Under clause 3 of rule XII, petitions AMENDMENT NO. 2: Page 9, after line 15, in- H.R. 1359: Ms. KAPTUR. and papers were laid on the clerk’s sert the following: H.R. 1366: Mr. LUCAS of Kentucky. desk and referred as follows: H.R. 1374: Mr. DINGELL. 5. The SPEAKER presented a petition of (e) MILITARY SERVICE PROPOSALS.— H.R. 1389: Ms. JACKSON-LEE of Texas. the Legislature of Rockland County, New (1) PROPOSALS.—The United States Postal H.R. 1412: Mr. DEMINT, Mr. WU, Mr. BROWN York, relative to Resolution No. 707 peti- Service, the Department of the Treasury, of South Carolina, Mr. RYUN of Kansas, Mr. tioning the United States Congress to in- and the Office of Personnel Management TERRY, Mr. MILLER of Florida, Mr. SOUDER, clude a renewable energy requirement in the shall, by September 30, 2003, each prepare Mr. BURNS, Mr. GRIJALVA, Mr. ROSS, Mr. Energy Policy Act of 2002; to the Committee and submit to the President, the Congress, KENNEDY of Minnesota, Mr. NEY, Mr. on Energy and Commerce. and the General Accounting Office proposals BALLENGER, Mr. CASTLE, Mr. MCINTYRE, Mrs. 6. Also, a petition of the Legislature of detailing whether and to what extent the De- DAVIS of California, Mr. MURPHY, Mr. POR- Rockland County, New York, relative to Res- partment of the Treasury or the Postal Serv- TER, Mr. GARRETT of New Jersey, Mr. olution No. 816 petitioning the United States ice should be responsible for the funding of EHLERS, Mrs. BIGGERT, Ms. MCCOLLUM, Mr. Congress to call for a flood damage reduction benefits attributable to the military service VITTER, and Ms. GINNY BROWN-WAITE of Flor- project along the Ramapo and Mahwah Riv- of current and former employees of the Post- ida. ers in the Village of Suffern in accordance al Service that, prior to the date of the en- H.R. 1415: Mr. GEORGE MILLER of Cali- with the original plan authorized by the actment of this Act, were provided for under fornia, Mr. BROWN of Ohio, Mr. ACKERMAN, Water Resources Development Act of 1986; to section 8348(g)(2) of title 5, United States Mr. CUMMINGS, Mr. ROGERS of Michigan, Mr. the Committee on Transportation and Infra- Code. CONYERS, Ms. SCHAKOWSKY, Ms. LEE, Mr. structure. (2) GAO REVIEW AND REPORT.—Not later UPTON, and Mr. GREEN of Wisconsin. 7. Also, a petition of the Legislature of than 60 days after the Postal Service, the De- H.R. 1422: Mr. MCINTYRE, Mr. PALLONE, Mr. Rockland County, New York, relative to Res- partment of the Treasury, and the Office of MATSUI, Ms. DELAURO, Mr. GREEN of Texas, olution No. 706 petitioning the United States Personnel Management have submitted their and Mr. MCNULTY. Congress to restore the Medicare funding for proposals under paragraph (1), the General H.R. 1425: Mr. MORAN of Virginia. skilled nursing care to the level approved by Accounting Office shall prepare and submit a H.R. 1429: Mr. BROWN of Ohio and Ms. KAP- Congress in 1999 and 2000; jointly to the Com- written evaluation of each such proposal to TUR. mittees on Ways and Means and Energy and the Committee on Government Reform of H.R. 1448: Mr. DEUTSCH. Commerce. the House of Representatives and the Com- H.R. 1451: Mr. SOUDER AND MR. BARRETT of f mittee on Governmental Affairs of the Sen- South Carolina. ate. H.R. 1466: Ms. JACKSON-LEE of Texas and AMENDMENTS Mr. RANGEL. Page 12, line 15, strike ‘‘the President and H.R. 1467: Mr. BURGESS and Mr. SULLIVAN. Under clause 8 of rule XVIII, pro- the Congress’’ and insert ‘‘the President, the H.R. 1480: Mr. BERRY, Mr. DAVIS of Illinois, posed amendments were submitted as Congress, and the General Accounting Of- Ms. JACKSON-LEE of Texas, Mr. CLAY, Mr. follows: fice’’.

VerDate Jan 31 2003 04:11 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.022 H01PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, APRIL 1, 2003 No. 52 Senate The Senate met at 9 a.m., and was RECOGNITION OF THE MAJORITY HONORING OUR ARMED FORCES called to order by the PRESIDENT pro LEADER Mr. FRIST. Madam President, we are tempore (Mr. STEVENS). The PRESIDING OFFICER (Ms. MUR- now 12 days into Operation Iraqi Free- The PRESIDENT pro tempore. To- KOWSKI). The majority leader is recog- dom. As I mentioned yesterday, I had day’s prayer will be offered by our nized. the opportunity to visit the post of the guest Chaplain, Monsignor Robert f 101st Airborne Division this weekend. Fuhrman, the Church of St. Gabriel, in It was a remarkable opportunity for Saddle River, NJ. SCHEDULE me, and I wish to share with you a cou- Mr. FRIST. Madam President, this PRAYER ple of my thoughts on that visit. morning the Senate will be in a period Our troops over the last 12 days have The guest Chaplain offered the fol- for morning business until 10 a.m. advanced 220 miles and now are sitting lowing prayer: Members who wish to make statements about 50 miles outside of Baghdad. We Let us pray: in support of our troops are encouraged are all exposed, on the television and Almighty Father, terror and tyranny to do so over the next hour. through our briefings, to the repetitive are our enemies. Disunity is our enemy At 10 a.m., the Senate will proceed to pounding of military targets day and too. But United States are States that executive session to consider the nomi- night throughout Iraq. The key point, I endure! At this time of international nation of Timothy Tymkovich, to be believe, is that we do keep building our stress we stand before You and wonder: Circuit Judge for the Tenth Circuit. momentum both in Iraq and in Amer- Could there one day be worldwide tran- Under the previous order, there will be ica. quility? May we know peace? Will all up to 6 hours for debate on the nomina- We have achieved many key objec- Your people ever recognize their re- tion. It is hoped that the nomination tives, and we will—there is no ques- sponsibilities to each other as the one will not require all of the 6 hours and tion—we will achieve our ultimate ob- human family? that we will be able to yield back time jective, and that is to disarm Saddam Loving God, our countless personal and have a vote a little bit earlier. Hussein and to liberate the Iraqi people freedoms distinguish us and allow us to The Senate will recess at 12:30 p.m. from his oppressive rule. fulfill our potential and Your plan. for the weekly party luncheons. I am confident about that for so Help all Americans to count our bless- We are also attempting to reach many reasons, but a lot of it has be- ings so that we will remain unified, es- agreements on several other pieces of come real to me in a very personal pecially so the war may end quickly, legislation, including the CARE Act, sense after my visit to the 101st Air- with evil suffering a singular defeat. the FISA bill, and other bills relating borne Division. For example, SP John Lord, the Congress leads by serving, to our Armed Forces personnel. We will G. Young is assigned to the A Com- by representing and expressing the will also continue to process nominations, pany, 8th Battalion, 101st Airborne Di- of the people who are privileged to be including judges, as they become avail- vision. He left Fort Campbell on March Americans. Guide the Senate in the able. 1 of this year for Kuwait. He is crew light of Truth. Give these men and As a reminder, a fourth cloture vote chief on a CH–47 somewhere in the women the support and the challenge will occur on the Estrada nomination Iraqi desert. He is newly married. He is of a united people who never let patri- during tomorrow’s session. expecting a child in a few months and otism wane. A house divided against Finally, I expect the Senate to begin is doing an extraordinary job in Oper- itself will fall. May this House never the supplemental appropriations bill on ation Iraqi Freedom. We thank him, we fall. We make all our prayers with con- Wednesday, if that bill becomes ready thank his mother, and we thank his fidence in You who live and reign for- for floor action. I hope we can expedite wife for their courage. At the 101st Airborne Division, ever and ever. Amen. the consideration of that bill this week so that we are able to continue the Karyn, my wife, and Jonathan, my son, f flow of resources to our troops in the and I attended church services with the PLEDGE OF ALLEGIANCE field. spouses and children of the Fort Camp- The Honorable CONRAD BURNS, a Sen- Therefore, all Senators should expect bell 101st Airborne Division. There are ator from the State of Montana, led a very busy week with rollcall votes 50 chaplains as part of the 101st Air- the Pledge of Allegiance, as follows: each day. borne Division and 46 of those chap- I pledge allegiance to the Flag of the Madam President, I yield the floor. I lains are overseas in Iraq and Kuwait. United States of America, and to the Repub- wish to make a brief statement about Seeing these families and the faces of lic for which it stands, one nation under God, our troops, but I will be happy to yield. these very young children as the pastor indivisible, with liberty and justice for all. Mr. REID. I do not have anything. gathered them around the pulpit and

∑ 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 Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.000 S01PT1 S4594 CONGRESSIONAL RECORD — SENATE April 1, 2003 came down and sat on the floor with HONORING OUR ARMED FORCES The PRESIDING OFFICER. The Sen- the children asking them what their Mr. BURNS. Madam President, I rise ator from Maine. impressions were, what they pray for— to share another story that comes from Ms. SNOWE. Madam President, I ask the children were very young, 2, 3, 4, up the battlefield of Iraq. There are a unanimous consent to speak for up to to about 7 years of age. thousand of these stories, but I think it 10 minutes. The PRESIDING OFFICER. The Sen- One said: I pray for my daddy who is is the way we start our day as a re- somewhere in the desert. ator has that right. minder of exactly what is going on at Ms. SNOWE. Madam President, I rise Another little girl raised her hand as ground level—in other words, where they sat, about 20 of them, around the today to pay tribute to the more than the rubber hits the road. 43 United States soldiers who have sac- pastor, and said: I pray that Saddam In the last 12 or 13 days, we have seen rificed their lives in the mission to lib- Hussein quits doing bad things to other how deeply committed our men and erate the Iraqi people and to disarm people. women in uniform are. They fight for a Saddam Hussein: The 16 who are miss- The innocence, the understanding, great cause of disarming Saddam Hus- ing, the 7 who have been captured, the and the wisdom of these young children sein’s regime from its weapons of mass was very apparent. 109 who have been injured, and all of destruction, but also at the same time those men and women on the ground, I also had a chance to talk to Michele they understand that they are our Schumer, whose husband is a member in the skies, and on the seas, who are brother’s keeper. so bravely supporting the cause of Op- of the Special Forces and is currently What brought this home to me was a deployed in Iraq. Michele is the mother eration Iraqi Freedom. picture of this one marine carrying his By now, we have all seen the images of a child in kindergarten and has an- injured comrade from the battlefield. on our television screens, yet little can other child on the way. It is as awe inspiring as any imagine we truly comprehend the real nature of We talked to Adra Barna, a mother of that might come from the field of con- the dangers they face, and the courage 3-year-old twin girls, who clearly had flict. One man hurt his leg. His buddy they must summon. Let us then dedi- her hands full as we watched her man- slings him over his back and carries cate these days to the acknowledgment age them during the church service. him safely, like a firefighter rescuing of their heroism, for how profoundly Her husband is deployed in Iraq as well. somebody from a burning building. grateful and blessed we are that these I talked to Julie Sparkman. She and Only in this case, it looks as though men and women are committed to serv- her husband are newlyweds. It is hard the enemy was not being cooperative ing our Nation and the ideals for which for anyone at any point to be sepa- or too helpful. it stands during this pivotal and tu- rated, but to be separated shortly after Men serving in battle form iron multuous chapter in America’s proud marriage clearly introduces all sorts of bonds. They have to because it is for history. feelings that we all can share with the person next to them and for their In particular, I rise this morning to Julie and her husband. Having just country. Those bonds often forge the honor two Maine sons—Marine MAJ been married, imagine the fear when determination and the will to win. We Jay Thomas Aubin and Marine CPL there was that first grenade attack at can see the grim determination etched Brian Matthew Kennedy—who were Camp Pennsylvania: Was my husband in the face of the marine who is doing among the twelve U.S. and British Ma- involved in that or not? Was he injured the carrying. He seems to be thinking: rines killed Thursday, March 20 when or not? He was not, but again, we can It is all right, buddy. We will be out of their CH–46E Sea Helicopter crashed in personalize in many ways the experi- here. You are in good hands. Kuwait, just seven miles from the Iraq ences that result from the tremendous Then perhaps when they reached the border. While I never had the oppor- service of these young men and women. point where they were saved, the guy tunity to meet these two exceptional Above all, these families are patri- being carried likely responded: You do Marines in person, over the last week I otic. I thought the atmosphere would it for me, Semper Fi. feel I have come to know them, at least be very somber. In truth, it was very Some would say these two marines in some small but very meaningful upbeat, optimistic, and energetic. are heroes. But I would not put them in way. These young spouses are so proud of the hero class. They are America. They MAJ Aubin and CPL Kennedy em- their husbands being able to serve all are the story of America. The marine bodied the Marine Corps values of of us and able to literally put their who was hurt is from Oregon. The ma- honor, courage and dedication—no lives on the line for those causes of rine who saved him is from South Caro- matter the odds, no matter the fight. freedom, democracy, and peace. lina. It does not matter what State one They had the mental, moral and phys- In closing, the families of Fort Camp- is from; their bond is in the unit in ical strength to follow the U.S. Marine bell did ask me to share with the Presi- which they serve and in the miniature decree to do the right thing, in the dent their support and their prayers for stars-and-stripe patch sewn on every right way, for the right reasons. Both the tremendous job he is doing as Com- shoulder of every sleeve. men willingly and knowingly laid their mander in Chief. They are concerned For the marine from Oregon, his lives on the line to support and defend about their loved ones but proud they bond was his family heritage. His fa- the U.S. Constitution and protect our are able to serve the United States of ther was a career marine who rose to national security. Both men believed in America. the top rank of sergeant major. His fa- their mission. I yield the floor. ther was in Beirut, Lebanon, in 1983 Marines are often described as a fam- when terrorists bombed the Marine ily. They are initiated en masse by f barracks, losing 241 of his buddies. The boot camps and extreme conditions RESERVATION OF LEADER TIME father served in combat in 1991 during many of us cannot even begin to imag- Operation Desert Storm. The day after ine. They train together day in and day The PRESIDING OFFICER. Under the son shipped out for Kuwait, that out and understand each other’s strug- the previous order, the leadership time marine’s father died. The son returned gles, fears, and feelings of pride. And is reserved. home to the funeral, returned to the they fight together, bound by a com- f scene, and caught up with his unit. mon code and a calling, gallantly fac- The depth of commitment of our ing any enemy whose goal is the de- MORNING BUSINESS brave Americans is shown on the bat- struction of our way of life. The PRESIDING OFFICER. Under tlefields not only here but also in our Indeed, they live by one simple truth, the previous order, there will now be a history. It is a cause to them and one that risking American lives is some- period for the transaction of morning that inspires us. May we who are in the times necessary to defending America’s business not to extend beyond the hour policy business learn our lesson to be freedom. This realization and their of 10 a.m., with the time to be equally that inspiring. We, too, should be willingness to act upon it is what divided between the Senator from where most of them are, where the rub- makes the sacrifice of MAJ Aubin and Texas and the Democratic leader or ber hits the road. This is where it is CPL Kennedy all the more poignant. their designees. carried out. So we must celebrate their lives and The Senator from Montana. I yield the floor. memories as the extraordinary people

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.003 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4595 they truly were. I attended a service sionate about his job and his country.’’ tue. Promises may not be kept; this past weekend in Winslow, ME, for His alma mater held a memorial serv- plighted faith may be broken; and MAJ Aubin. The day was made all the ice to honor him and has established a vaunted virtue may be only the cun- more special as CPL Kennedy’s mother, scholarship in his name. This is a man ning mask of vice. Melissa Derbyshire, was also in attend- who was well loved and who touched ‘‘We do not know one promise these ance, and my heart goes out to both the lives of everyone around him, espe- men made, one pledge they gave, one families brought together by sorrow in cially his family. His aunt, Rella Col- word they spoke; but we do know they what for them is surely the most dif- lins, describes him as ‘‘the best of the summed up and perfected, by one su- ficult of times. It is through remem- best. He did us all proud.’’ According to preme act, the highest virtues of men brance that these two great Mainers his mother in his last conversation be- and citizens. For love of country they will live on, so today and forevermore fore he departed, Jay was at peace with accepted death and thus resolved all we will remember. his mission, remarking ‘‘If anything doubts, and made immortal their patri- The eldest of three sons, MAJ Jay happens to me, just remember I’m otism and virtue.’’ Thomas Aubin was a native of happy and I’m doing what I love to James A. Garfield could not have Skowhegan. As a young child, his un- do.’’ said it better. The enormity of the con- dying first love was flight. His grand- The same has been said about Cor- tribution made by our military men father was an airplane mechanic and poral Brian Matthew Kennedy, whose and women overwhelms the words we his father spent his spare time buying, mother, Melissa Derbyshire, and step- have within our grasp to honor that selling and flying airplanes. His moth- father, John Derbyshire, live in Port contribution. The entire nation will be er, Nancy Chamberlain, said Jay start- Clyde, Me. John’s description of Brian forever indebted to Major Jay Thomas ed flying when he was two years old. gets to the heart of his character— Aubin and Corporal Brian Matthew She recalls that his father, Thomas ‘‘This man loved living and life itself. Kennedy. The Aubin, Chamberlain, Aubin, had some two-seater planes and His greatest pleasures were cooking, Kennedy and Derbyshire families are in would take him flying from eating lobster and mussels, his friends, my thoughts and prayers, and I hope Norridgewock Airport. His brothers lacrosse, rock climbing and doing his all of the Senate will join me in hon- Joel and Jeffrey always considered him best at any task he was given to do— oring these two outstanding, excep- to be the ‘‘overachiever of the family’’, just as he did his job as a Marine crew tional, extraordinary Marines today. I yield the floor and suggest the ab- pointing out his ‘‘student of the chief aboard the CH–46 helicopter.’’ sence of a quorum. month’’ and ‘‘student of the year’’ Corporal Kennedy graduated from The PRESIDING OFFICER. The awards from Skowhegan Area High Glenbrook South High School in Glen- clerk will call the roll. School and his participation in after- view, IL with honors in 1995 and then The legislative clerk proceeded to school activities, like band and wres- attended Purdue University before call the roll. tling. He even set up his own ‘‘boot transferring to Texas Tech. He enlisted Mrs. BOXER. Madam President, I ask camp’’ in his senior year so he would be in the Marines in 1999, according to his unanimous consent that the order for in top physical shape. own words, ‘‘because he thought he the quorum call be rescinded. Jay joined the Marines straight out could do the best job.’’ The PRESIDING OFFICER. Without of high school and was fortunate He had been a Marine for 3 years objection, it is so ordered. enough to meet the woman who would when he was lost to us in last weeks’ Mrs. BOXER. Madam President, Sen- later become his wife, Rhonda who was helicopter crash. His family members ator LINCOLN has been coming here also a Marine at the time. They were speak of his sacrifice. His mother, Me- every morning on behalf of the Demo- married and have two children, Alicia, lissa, recalls him having to wait in line cratic side of the aisle, and I know Sen- 10 and Nathan, 7. Jay was in the Ma- for 3 hours to just call home. Brian ator HUTCHISON and others have come rines for 4 years, came home to Maine told his mother he would do his best to on behalf of the Republican side. Sen- and enrolled in Southern Maine Tech- come home, but she says she ‘‘was ator LINCOLN asked me to come down nical College in 1989 and earned an as- lucky enough to know him for 25 here to pay tribute to our young men sociate’s degree in applied science and, years’’ and she remembers him ‘‘always and women. It is an honor for me to do later, a bachelor’s degree in business laughing and having a good time.’’ this. management from the University of Brian’s father, Mark Kennedy, speaks Very sadly, this morning I come Southern Maine. of his son’s time in the Marines, saying down to pay tribute to five young His love and dedication to the Ma- Brian was ‘‘very pleased to be in Ku- Americans who were killed in the Iraqi rines was so strong that upon gradua- wait and was thrilled to have the as- war, all of them from California or tion Jay re-enlisted as an officer. A signment he had. He gave his life in an based in California. I have done this be- true testimony to his skill and leader- effort to contribute to the freedom of fore. We have lost an additional 10 to ship, he was invited to join the elite the Iraqi people.’’ whom I have payed tribute already, corps that pilots the Presidential heli- We will all agree that these brave and that is a very large proportion of copter, Marine One. But before he was young men did not die in vain—indeed, those who have been lost. able to assume this new duty, he was in the words of Melissa Derbyshire, As we pray for all of those in harm’s asked to become a ‘‘Top Gun’’ instruc- ‘‘they died for all of us.’’ The loss of way, I think it is important to put a tor in night flight for helicopter pilots. life is the ultimate tragedy of war, but human face on war, and therefore I He, Rhonda and their children moved from it, we can hope, will come peace. come down to discuss the great loss we to Yuma, AZ, in June, 2002 to complete It is the Jay Aubin’s and Brian Ken- feel in our State. his latest mission and he remained nedy’s of our unique history that have First is Navy Hospital Corpsman there until he was called to go to Ku- enabled America to become the great- Third Class Michael Vann Johnson, Jr., wait. est democracy civilization has ever age 25, killed on Tuesday, March 25, in After his tragic death, his mother re- known. They are a constant reminder Iraq, while attending to injured ma- ceived a letter Major Aubin had mailed of the sacrifice of one generation for rines. He was assigned to the Naval two days before his helicopter went the next. It has been said we are the Medical Center, 3rd Marine Division down. It said, ‘‘I want to thank you for land of the free precisely because we Detachment, in San Diego, CA. Michael everything over the years. You always are the home of the brave. was born and raised in Arkansas and tried your best to put us first at your At the first national Memorial Day graduated from Parkview High School expense.’’ With that letter, it was as service, in 1868, General James A. Gar- in Little Rock. He attended the Univer- though his mother, Nancy, could hear field, the future President, addressed sity of Central Arkansas in Conway be- her son’s voice one last time—and what the difficulty in speaking of fallen fore joining the Navy in 1997. He is sur- she heard was a message of undying Americans. During a ceremony at Ar- vived by his wife in San Diego, his par- gratitude and love. lington National Cemetery, Garfield ents, and his seven siblings. I send In recent days, his friends and family said: them my deepest condolences. have described him as ‘‘genuine and ‘‘With words,’’ Garfield said, ‘‘we MAJ Kevin Nave, age 36, was killed friendly and always smiling’’ and ‘‘pas- make promises, plight faith, praise vir- March 26, in a vehicle accident in Iraq,

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.003 S01PT1 S4596 CONGRESSIONAL RECORD — SENATE April 1, 2003 assigned to the 3rd Battalion, 5th Ma- These troops are our children. I am a young children there are crying out for rine Regiment, 1st Marine Division, mother. I am a grandmother. These help during this time. Impact aid is Camp Pendleton, CA. His wife and his troops are our children. Some of them something that we give to these areas two children live in Oceanside, CA. He are parents themselves. So let us not to help them meet the needs of those is from Union Lake, MI. He was on the deal with who loves our young people families. Clearly, they need this help football team and wrestling squad at more. The debate is about policy, and at this time. Waterford Kettering High School in there will be much time to debate that There are two ways to help: One is to White Lake Township, MI. policy as there was before this war. push forward with impact aid—I hope LCpl William W. White, age 24, was And anyone who has a feeling about we will do that—and, secondly, to help killed in a vehicle accident on March that policy has a right—I would say a me with this legislation which would 29, in Iraq. He was assigned to the 3rd duty—to express that view regardless say that two parents of a minor child Amphibious Assault Battalion, 1st Ma- of what that view is because that is cannot go to a combat zone at the rine Division, Camp Pendleton, CA. He what makes our country strong, that is same time. was from Brooklyn, NY. what makes us different from other Last week there was an editorial in GySgt Joseph Menusa, age 33, from places. the Washington Post entitled ‘‘Mothers San Jose, CA, died on Thursday, March So that is my message to the people at War.’’ The editorial calls on the De- 27, from a gunshot wound. He was as- of my State: to respect each other’s partment of Defense to consider stag- signed to the 1st Combat Engineer Bat- differences. This isn’t a debate about gering the deployment of two parents talion, 1st Marine Division, Camp Pen- who loves the troops more; it is about so the impact on children is minimized. dleton, CA. He was born in the Phil- policy. That is exactly what my legislation ippines and moved to San Jose when he California is contributing mightily to does. I hope I will get help with it. was just 10 years old. He served in the the military effort in Iraq. I have read It is a horror to lose one parent in a 1991 gulf war and was a marine re- you the names of many who have died war and one that one never, ever gets cruiter in the San Francisco Bay area. so far. Tens of thousands of military over. To lose two parents in such a cir- His wife and his young son live at men and women have been deployed cumstance would be beyond devasta- Camp Pendleton. from my State. tion. The Department of Defense LCpl Jesus A. Suarez Del Solar, age One of them, Patrick Sailors, is a should work to ensure that the chil- 20, died Thursday, March 27, in combat chief warrant officer in the Marine Re- dren of dual military families never action in Iraq. He is from Escondido, serves, and he is the brother of one of have to suffer seeing both parents sent CA. He was assigned to the 1st Light my most treasured staff members, off to a combat zone at the same time. Armored Reconnaissance Battalion, 1st Kelly Gill, who works out of my Fresno This is an issue whose time has come. Marine Division, Camp Pendleton, CA. office. He is a member of the Marine I ask, what is the order at this time? He moved from Mexico to the United Wing Communications Squadron 48, at- The PRESIDING OFFICER (Mr. States in the late 1990s with his family. tached to the 3rd Marine Aircraft CORNYN). Morning business is to con- He attended San Pasqual High School Wing, 1st Marine Expeditionary Force clude at 10. in Escondido and graduated from Es- Mrs. BOXER. Is it the understanding, that is now in Iraq. condido’s Valley High School in 2001. Chief Warrant Officer Sailors has further making a parliamentary in- He is survived by his wife and his 1- spent 17 years in the Marine Corps and quiry, that the Democrats have until 10 year-old son, as well as many family is a second-generation marine. His wife or is that not determined? The PRESIDING OFFICER. The Sen- members in Los Angeles County, San Liz and their two children are awaiting Diego, and Mexico. ator is correct. his return to their home in Galt, CA. As I said, I have already read the Mrs. BOXER. I will continue until 10. His parents, Delbert and Carol Sailors, names of 10 others into the CONGRES- Mr. REID. Madam President, if the live in California as well. SIONAL RECORD: Senator from California will yield, the CPL Randal Kent Rosacker, age 21; I pray that Patrick Sailors and all of Senator from Texas is here to speak. I LT Thomas Mullen Adams, age 27; our men and women are safely returned am sure the Republican leadership CAPT Ryan Beaupre, age 30; 2LT to their families as soon as possible. would not care if we extended morning Therrel Shane Childers, age 30; LCpl Madam President, one of the things I business so she could complete her Jose Gutierrez, age 22; CPL Brian Mat- have noticed—I am sure you have no- statement. I have spoken to the distin- thew Kennedy, age 25; SSG Kendall ticed—is that many of those who are guished Senator from Colorado who Watersbey, age 29; SGT Michael Bitz, losing their lives are parents. Before will speak about a Colorado judge who age 31; CPL Jose Garibay, age 21; CPL the vote on the resolution giving the will be up next. Jorge Gonzalez, age 20. President the authority to go to war I ask unanimous consent that the So, Madam President, out of the 43 without U.N. backing, I had a con- Senator from Texas be allowed to con- who were killed, 15 were from or based versation with one of the most treas- tinue as in morning business after the in the State of California. And my ured Members of this body who had hour of 10 until she completes her State mourns them. May these beau- fought in World War II. He pointed out statement. tiful young Americans rest in peace. to me that so many of our people who The PRESIDING OFFICER. Is there And may the war end soon. are over in Iraq are members of the Re- objection? I pray for the wisdom of those who serves and the Guard. They have fami- Mr. ALLARD. No objection. send these young men and women on lies. They have children. They have The PRESIDING OFFICER. Without their mission. spouses. objection, it is so ordered. The people of my State feel very I am very concerned about those fam- Mrs. BOXER. I wanted to make sure strongly on both sides about this war. ilies and about the children of those I was functioning under the rules. It is I say to them today that they have dual-military families. I am very con- very important that we have a chance every right to express themselves for cerned about deploying a mother and a to pay tribute to the young men and and against this war; that those are in- father into a combat zone at the same women who are out there. The debate deed the freedoms that are the basis of time. over what the expectations were in this our Nation. I also say to both sides Two weeks ago I introduced S. 687 war will go on for many weeks and that however one feels about the policy which would prohibit the concurrent months and years. I am not here to de- of this war—people know how I felt—I deployment of both parents with minor bate that. What I am here to say is voted for the Levin resolution because children to a combat zone. I hope my that when all of us said that war is a I did not want us to go it alone, or vir- colleagues will join me in this legisla- last resort—and that was stated by ev- tually alone, because I was fearful of tion. eryone—I think we see daily why we what could happen; and I felt it was In discussing education legislation said that. We see daily why we have to important to lead the world as a super- back home, it has come to my atten- try everything short of war that we power. Whether you are for or against tion that in school districts where can. this war, this isn’t about who loves the there is a heavy population of military In my own history in the Senate, I troops more. families, they are finding that the have voted to go to war twice. I voted

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.006 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4597 not to go twice. Each of us in our own go into action. ‘‘It was very short and catch a newscast on the Spanish lan- mind makes this decision. Of course, very special,’’ she says of the call. guage network, Telemundo. ‘‘They said our voters will decide whether we were Three days later, he died, when his Sea five Americans had been captured in correct or not. But regardless of the Knight helicopter crashed in Kuwait. Iraq. I caught one African-American fe- policy fights, what we have to contin- He said to his dad: We are ready. We male, 30 years old, from the 507th. Her ually remember, every single minute, are ready. We are trained. We are ready name was Shana. I said it’s got to be is that we have our sons and daughters to go. He was very proud. His parents her.’’ over there right now. are very proud of him. It was. Now her large extended fam- Unlike other wars, many of them are SSgt Phillip Jordan, U.S. Marine ily, including more than a dozen cous- parents. So the tragedy of losing them Corps, 42 years of age, Brazoria, TX: ins, is watching and waiting. They are cuts deeper and deeper than were they Everyone called him Gump because he inspired by the relatives of Elizabeth not, because the tragedy cuts to the was so relentlessly upbeat. His son Smart who helped stay in the forefront parents and the grandparents and to Tyler, 6, wants to be a marine like his of the press until their 15-year-old kid- the spouses and to the children. And father who was killed in a fire fight napped daughter was returned. ‘‘We for a child to really never know their after a group of Iraqi soldiers feigned just want her to be treated humanely,’’ father or mother cuts very deep. surrender. Nikki told Newsweek, ‘‘and to return I pray that this war ends soon. I pray Some are missing. Specialist James home swiftly and safely.’’ that we don’t see more of these deaths Kiehl, U.S. Army, 22, Comfort, TX, a I talked to the mother of one of those and casualties and POWs. I pray that computer technician with the 507th killed in Afghanistan last week and she the POWs are treated right—they must Maintenance Company: Kiehl was said, ‘‘What I want is to make sure be treated right according to the Gene- among the missing in the convoy am- that my son did not die in vain.’’ I as- va Conventions—that we find out more bush near An Nasiriya. His father sured her that her son did not die in about them and that the Red Cross can Randy has been monitoring war news vain; that the war on terrorism is get in there and see that they are OK. on two televisions, three phone lines, going to protect the freedom for chil- I pray that we won’t see casualties to and a computer, keeping up a strong dren and grandchildren throughout innocent children and women. I pray front and a strong face for the media, America, and our staying vigilant and for a lot. just in case they showed James any staying on course will ensure that none Today I pay tribute to my Califor- footage from back home. of those who are already dead or are nians who will never come back and see PVT Ruben Estrella-Soto, U.S. missing will be forgotten. They have our beautiful State. I hope I won’t have Army, 18, El Paso: His father opposed paid a heavy price for freedom and we to come here in the days and weeks to his enlisting but he wanted to study will always revere and respect them for come with more names. engineering, and he was enthusiastic what they have done for our country. I yield the floor. about going into the military and get- That concludes the tributes for The PRESIDING OFFICER. The Sen- ting his education. He disappeared in today. The Senate is setting aside 1 ator from Texas. the ambush on March 23 along with his hour every day for people to come to Mrs. HUTCHISON. Madam President, friend Edgar Hernandez, who later the floor and talk about some of the I begin by saying I appreciate Senator turned up on Iraqi TV. But Estrella- wonderful acts that are being done by ENZI. Senator ENZI came to the floor to Soto’s fate was unknown. ‘‘Not know- our young men and women on the field speak about a subject very important ing anything is hard,’’ Ruben Estrella, as we speak today—protecting the way to him. I asked him if he would mind Sr., told reporters. of life we have come to enjoy. letting us spend this entire hour in a CWO Johnny Villareal Mata, U.S. Mr. WYDEN. Mr. President, I speak tribute to the troops. He readily Army, 35, Pecos, TX: Mata grew up in today with a profound sense of loss. A agreed. I appreciate his courtesy be- a desert town just 200 miles from Fort brave, young soldier from my home cause we are reserving the first hour of Bliss, where his 507th Maintenance State of Oregon, Brandon S. Tobler, every day when our troops are in the Company is based. was killed in Iraq. Oregon’s first war field to giving tribute to them, talking SP Edgar Adan Hernandez, U.S. fatality, Army Reserve SP Brandon about some of the events that have Army, 21 years old, Alton, TX: ‘‘He’s Tobler, who was only 19, lost his life in happened in the field, talking about got a noble character,’’ his mother, a Humvee accident during a sand some of the acts of heroism, the indi- Maria de la Luz Hernandez, says in storm. I have the last correspondence vidual acts, showing pictures of what Spanish. She then inadvertently Brandon’s parents received from their life is like over there. I have done that slipped into the past tense: ‘‘He was a son, an e-mail sent just 2 weeks prior on several occasions. I will again. good brother, a good son, respectful to to his death on March 22, 2003. Today I want to talk about our pris- the whole world.’’ Hernandez, though, Brandon was the only son of Leon oners. As the distinguished Chair un- she believes is really alive. And he, too, and Gail Tobler of Portland. He grew derstands—the Presiding Officer at this was shown on Iraqi TV. up there and joined the military to time is the other Senator from Texas— Captured: Army SP Shoshana John- help pay for college. He was in a con- Texas is the base for the largest num- son, 30 years old, El Paso, TX: Her voy headed to Baghdad providing engi- ber of our active-duty military. One in name means ‘‘rose’’ in Hebrew, the in- neering support to the combat troops. 10 active-duty personnel calls Texas spiration of an aunt who once worked Private Tobler’s death reminds us that home. It is the home base for 114,000 ac- as a nurse in Brooklyn. But her family a soldier doesn’t have to be on the com- tive-duty service members. California is Panamanian American, and although bat line to face tremendous danger and comes in second with 107,000. North she grew up in an Army family, she possible death. His letter reminds of Carolina comes in third with 86,000. So never expected to find herself on the the bravery of each and every person we do feel a personal effect of this war. front line. She is funloving, her young- who puts on a uniform for the United We also feel a sense of pride that it is er sister Nikki says. She also says, States. Private Tobler will be laid to our young men and women, along with ‘‘She is outgoing, independent and rest in the Willamette National Ceme- all of those from the other States, who trustworthy—definitely not the kind of tery in Portland, OR, on April 3, 2003. are out there on the front lines, pro- person who stays in front of the TV day I ask unanimous consent that Bran- tecting the freedom we enjoy so much in and day out.’’ Shoshana’s dream was don’s letter be printed in the RECORD. every day. to be a chef, but culinary school costs There being no objection, the mate- I would like to talk about some of a lot of money, and Army cook was rial was ordered to be printed in the those who have made the ultimate sac- close enough. It seemed safe enough, RECORD, as follows: rifice and some of those about whom too. we are not sure at this time. Cpl Brian But early on the morning of March HEY MOM AND DAD, How are things with you, I hope you are both doing ok. I am Matthew Kennedy, U.S. Marine Corps, 23, her father, Claude, was flipping doing fine, things here are going ok we are 25 years old, from Houston, TX, grew through the channels looking for a car- just keeping busy. I am a little stressed but up in Glenville, IL. He called his mom toon show for Shoshana’s two-year-old other than that I am alright, I have been on March 18 to tell her he was about to daughter, Janelle. He happened to loaded down with a lot of tasks that I have

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.008 S01PT1 S4598 CONGRESSIONAL RECORD — SENATE April 1, 2003 not even been trained for, but I think I am The PRESIDING OFFICER. Without life on hold to await action by the Sen- doing an ok job. Anyway I am sorry that I objection, it is so ordered. ate on his nomination. In Mr. have not written you guys lately and I know Mr. ALLARD. Mr. President, I Tymkovich’s case, he had to endure 2 I have been writing Val a bit more than you strongly support the confirmation of years of uncertainty, not knowing guys and that is something I really intend to change, I just want you guys to know that I Tim Tymkovich as a Federal judge on whether he should change his law firm miss you guys a lot and love you guys even the Tenth Circuit Court of Appeals. partnership, pursue other options, or more and I thank you both for the person The nomination is before the Senate. I wait for the Senate to grind forward, you made me become and all of the things ask my colleagues to join me in sup- with each step and every decision scru- you have struggled to get me over the years. porting his confirmation. tinized by the Senate. Undoubtedly, he I really appreciate the support that you guys Two years ago, one of the most tal- had other career opportunities, other have given me and accepting my enlistment ented lawyers in the State of Colorado choices that would have led to remark- in the Army. I feel that if I can make a dif- faced a rather large but very exciting able successes. As you will recall, I ference out here then I have done my part. If dilemma. Most of us would not look at I can save one life, if I can do something that mentioned the Department of the Inte- makes a family sleep easier at night without his particular situation as a dilemma rior possibility at the beginning of my fear then I have done my purpose, cause I at all but, instead, view it as a wel- remarks. Yet he chose to pursue the know now that’s what my calling is in life, come set of exciting career opportuni- Tenth Circuit court nomination. not to make money or be powerful and ties. As we have witnessed with the wealthy but to simply make a difference. With the new administration filling Miguel Estrada debate, the judicial And I thank you my loving parents for all vacancies and political appointments, that you have done to get me this far, but nomination process has broken down he was offered the chance to serve the into partisan politics and entrench- now I have to take the next step and make people of the United States, a chance a difference for someone else out there. Well ment, taking a heavy toll on the life of to use his skills as a premier attorney go ahead and pass this around to everyone in the nominee and on the quality of jus- the family, Val too . . . And to the family through the Federal Government. This tice delivered to the American people. my love and best wishes and prayers go out lawyer had practiced both civil litiga- to you, little Veronica or shall I say big tion and appeals with an emphasis on Today we have the opportunity to Veronica, I miss playing with her and being regulatory and administrative law, begin to correct this dangerous path we her big cousin but at least my being here particularly in the areas of tele- have been traveling. Tim Tymkovich will help keep her safe and grow up happy communications and public utilities. has my unqualified support. Confirma- and full of life as she is already. So to my He served for 5 years as Colorado’s so- tion of his nomination by this body family, if you see a soldier one of my com- will prove to be a great service to the rades in arms, please thank them for the licitor general. He served as a law clerk to Justice William H. Erickson of the people of the United States. His nomi- service they give, pray for them because we nation has enjoyed broad bipartisan as soldiers give up sooo much to come out Colorado Supreme Court. here and in sometimes make the ultimate With all this experience under his support—support from judges and col- sacrifice in the name of freedom and soldiers belt, he had to decide whether to pur- leagues, both Democrat and Republican could always use encouragement and a sue a career with the Department of policymakers. thanks. . . Well my love to you guys and I’ll the Interior under the leadership of fel- I have a series of charts highlighting see you soon. . . low Coloradan Gale Norton or to con- support for his confirmation, charts I Love to all, tinue working in his successful law would like to share with you today. BRANDON. practice and to answer the call of his The first chart quotes Roy Romer, f countrymen and President and to former Governor of Colorado, and, I CONCLUSION OF MORNING strive to serve the Nation as a judge on might add, former Democratic Na- BUSINESS the Tenth Circuit Court of Appeals. tional Committee chairman who served The PRESIDING OFFICER. Morning What choice did the attorney of under the tenure of President Bill Clin- business is closed. whom I speak make? What path did ton and who is now superintendent of Tim Tymkovich choose? He chose to f the Los Angeles United School Dis- pursue the Federal judgeship and to trict. Mr. Romer is a strong supporter EXECUTIVE SESSION fulfill his sincere desire to lead a life of of Mr. Tymkovich and has expressed public service, a life dedicated to up- his sentiment to the Judiciary Com- holding the law and our Constitution. mittee. NOMINATION OF TIMOTHY M. On May 25, 2001, President Bush nom- Governor Romer, in a letter to the TYMKOVICH, OF COLORADO, TO inated Mr. Tymkovich to the Tenth committee, wrote: BE UNITED STATES CIRCUIT Circuit Court of Appeals. On February JUDGE FOR THE TENTH CIRCUIT 12, 2003, under the leadership of Sen- Mr. Tymkovich served the State of Colo- The PRESIDING OFFICER. Under ator ORRIN HATCH, the chairman of the rado from 1991 through 1996 during the latter the previous order, the Senate will now Senate Judiciary Committee, Mr. part of my tenure as Governor of the State of go into executive session and proceed Tymkovich finally received a hearing. Colorado. He served with distinction and was to the consideration of Executive Cal- a strong advocate in legal matters for Colo- Today, nearly 2 years later, the Senate rado. He also demonstrated a capacity to endar No. 55, which the clerk will re- has picked up his nomination for con- work closely with Colorado Democrats, as port. sideration by the entire body. well as Republicans, as Solicitor General. The legislative clerk read as follows: Today’s actions, 23 months after his . . . He was always a straight shooter in giv- Nomination of Timothy M. Tymkovich, of nomination, move us closer to ful- ing legal advice to me and my top staff. Colorado, to be United States Circuit Judge filling the Senate’s duty as laid out in for the Tenth Circuit. Governor Romer believes his past the Constitution through the advise legal experiences have given Mr. The PRESIDING OFFICER. Under and consent clause of article II. This Tymkovich a broad understanding of the previous order, there will be 6 vote has been a long time in the mak- the varied legal issues that may come hours of debate, with the time equally ing. After several letters, several floor before him on the Tenth Circuit. Gov- divided in the usual form. statements, and almost 2 years after ernor Romer believes Mr. Tymkovich The Senator from Colorado is recog- the original date of his nomination, will bring strong legal credentials to nized. Tim Tymkovich is finally getting an the court and a judicial temperament Mr. ALLARD. Mr. President, I sug- up-or-down vote. that should garner the support of the gest the absence of a quorum. I thank Senator HATCH for moving Senate. The PRESIDING OFFICER. The his nomination out of the committee. I clerk will call the roll. thank the majority leader, Senator I ask unanimous consent that the The assistant legislative clerk pro- FRIST, for scheduling this debate and letter from Governor Romer be printed ceeded to call the roll. the vote later on today. in the RECORD. Mr. ALLARD. Mr. President, I ask The nominating process is a grueling There being no objection, the mate- unanimous consent that the order for one. To be confirmed, Mr. Tymkovich, rial was ordered to be printed in the the quorum call be rescinded. along with his fellow nominees, put his RECORD, as follows:

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.021 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4599 LOS ANGELES UNIFIED SCHOOL Mr. President, I ask unanimous con- Tymkovich should be no exception, though DISTRICT, BOARD OF EDUCATION, sent that the two editorials from the he has gained a local reputation as a September 6, 2002. Rocky Mountain News be printed in thoughtful, insightful attorney who knows Re Nomination of Timothy M. Tymkovich to the law and works hard to uphold it. the RECORD. the Tenth Circuit Court of Appeals. He first gained real notice when, as state There being no objection, the mate- solicitor general, he was assigned to defend Hon. PATRICK J. LEAHY, rial was ordered to be printed in the Chairman, Committee on the Judiciary, U.S. amendment 2, a Colorado initiative that RECORD, as follows: Senate, Dirksen Senate Office Building, would have banned laws to protect gays. Washington, DC. [From the Rocky Mountain News, June 3, Then-Attorney General Gale Norton was DEAR MR. CHAIRMAN AND MEMBERS OF THE 2001] legally obliged to defend the amendment. COMMITTEE: I write this letter in support of GOOD CHOICE FOR COURT The fact that the U.S. Supreme Court re- the nomination of Timothy M. Tymkovich to It remains to be seen whether Tim jected this sloppily worded and unconstitu- the Tenth Circuit Court of Appeals in Colo- Tymkovich’s nomination for the 10th Circuit tional amendment doesn’t reflect on rado. I have both worked with Mr. Court of Appeals will founder on U.S. Senate Tymkovich’s legal skills or politics. Indeed, Jean Dubofsky, a former Colorado Tymkovich in his capacity as Colorado’s So- partisanship. He once was, after all, state so- Supreme Court justice who successfully led licitor General or as a private practitioner in licitor general under Gale Norton, now one the legal challenge against Amendment 2, Denver. of President Bush’s most controversial Cabi- supports Tymkovich’s nomination. Mr. Tymkovich served the State of Colo- net members. rado from 1991 through 1996 during the latter But if senators give Tymkovitch a serious Tymkovich is only 44, but he has been part of my tenure as Governor of the State of look, they’ll find someone who combines the practicing law in the public and private are- Colorado. He served with distinction and was intellectual heft and steady temperament nas since 1982 and is a long-time member of a strong advocate in legal matters for Colo- that most senators profess to seek in a pro- the American Bar Association, the American rado. He also demonstrated a capacity to spective Federal judge. Law Institute and the International Society work closely with Colorado Democrats as Previously, Tymkovitch’s most visible mo- of Barristers. well as Republicans as Solicitor General, ment involved the state’s defense of voter- He also is a member of the Federalist Soci- both in my Administration and in Colorado’s passed Amendment 2, which the courts over- ety, which comes as no surprise considering General Assembly. He was always a straight turned. But however unsuccessful his defense how that group’s conservative, Libertarian shooter in giving legal advice to me and my of that amendment may have been, his argu- orientation dovetails with the conservative top Staff. He is currently in private practice ments were measured and well-crafted—just slant of the Bush administration. Still, we don’t expect Bush to be nomi- in Denver and has represented Chris Romer’s as they have been on many other legal top- nating liberal Democrats to lifelong posi- Colorado Education Network on state tax- ics. ation and public policy matters. He recently tions on the federal bench anytime soon. And helped craft an analysis of Colorado’s con- [From the Rocky Mountain News, Feb. 16, Tymkovich is far less conservative than his stitutional budget law that could have im- 2003] fellow nominee to the 10th U.S. Circuit Court. Michael McConnell, a law professor at portant positive implications for our State TYMKOVICH’S HEARING the University of Utah, has defended vouch- in a lean economic year. Tim Tymkovich, former Colorado Solicitor Mr. Tymkovich is a native of Colorado and ers for religious schools and argued to rein- General, waited nearly 21 months for a hear- terpret the Constitution’s division between I believe his past legal experiences have ing before the Senate Judiciary Committee given him a broad understanding of the var- church and state. on his nomination for the 10th Circuit U.S. The conservative Christian’s experience in ied legal issues that may come before him in Court of Appeals. the Tenth Circuit. In addition, he has served pubic law is far deeper than Tymkovich’s, Why, that’s just about long enough for an but his reputation as an ideologue likely will Colorado in many ways in both the public elephant to give birth, which is no accident, and private sectors. He presently serves as stymie his chances with the Senate. because the intolerable delays in judicial While we cannot support McConnell, we Chairman of the Colorado Board of Ethics confirmations is very much a matter of ele- urge the Senate to confirm Tymkovich to (which advises the Governor and executive phants—and donkeys. fill a seat that has sat vacant since 1999, branch on state ethics matters) and he re- When Sen. Jim Jeffords of Vermont de- when Judge John Porfilio took senior status. cently chaired a bipartisan task force on fected from the Republican party and turned We also encourage the Senate to carefully civil justice reform. He currently is a mem- over control of the Senate to the Democrats, defend the Judiciary from any Bush efforts ber of the American Bar Association’s Amer- they made a determined effort to prevent at ‘court packing,’ whereby nominees are se- ican Bar Foundation and the American Law President Bush from naming philosophically lected for their political philosophy rather Institute, two important organizations dedi- compatible judges, as presidents of both par- than their legal expertise. cated to the impartial administration of jus- ties have long done. Federal judges and justices are obligated tice. The ABA has already found him quali- Tymkovich, nominated just days after Jef- to carefully apply the law of the land, not fied to serve on the Tenth Circuit. fords’ switch, was caught in the political the politics of the president in power. Mr. Tymkovich’s nomination is currently gridlock. waiting review by the Senate Judiciary Com- He finally had his hearing Wednesday. We Mr. ALLARD. Mr. Tymkovich under- mittee. He has bipartisan support in Colo- wish him prompt confirmation. stands the West, its community, and rado and both major newspapers in Colorado Mr. ALLARD. Mr. President, the its past. He has traveled extensively have praised his nomination. I believe that Denver Post, a paper that endorsed Al throughout the States of the Tenth he will bring strong legal credentials and a Gore over George Bush, stated on May Circuit with his wife Suzanne, a west- judicial temperament that should garner the ern historian and novelist, as well as support of the United States Senate. 30, 2001, that Tim Tymkovich: I urge you to favorably review Mr. has gained a local reputation as a thought- an accomplished attorney in her own Tymkovich’s nomination and refer it to the ful, insightful attorney who knows the law right. Together they traveled near and full Senate of the United States. and works hard to uphold it. . . .We urge the far, covering the old stomping grounds Sincerely, Senate to confirm Tymkovich to fill a seat of legendary western figures such as ROY ROMER, that has sat vacant since 1999. . . . Butch Cassidy and others. Superintendent of Schools. I ask unanimous consent that the Undoubtedly, this deep knowledge of Mr. ALLARD. Mr. President, Mr. Denver Post article be printed in the western heritage will aid in his duties Tymkovich is well respected for his ap- RECORD. and his understanding of the law, as proach to the law and for problem solv- There being no objection, the mate- well as the rich judicial history of the ing. He manages cases and clients with rial was ordered to be printed in the Tenth Circuit. civility and understanding, setting a RECORD, as follows: Tim Tymkovich’s commitment to high example for the legal community. [From the Denver Post, May 30, 2001] public service is unparalleled. I have On a second chart, I highlight ex- TYMKOVICH SHOULD SERVE WELL had many conversations with him, and cerpts from an editorial written by the We hope the new Democratic majority on know him to be a man of keen intellect Rocky Mountain News. On June 3, 2001, the U.S. Senate will set aside partisan poli- and integrity. Through our many con- the paper editorialized: tics when it considers Denver attorney Tim versations, I have developed a strong If Senators give Tymkovich a serious look, Tymkovich’s nomination to serve on the understanding of Tim’s deep commit- they’ll find someone who combines intellec- 10th U.S. Circuit Court of Appeals. ment to public service and his strong tual heft and steady temperament. But we also hope the American Bar Asso- personal respect for the rule of law in ciation will continue to voluntarily scruti- On February 16, 2003, the News re- nize all nominees headed to the Senate, even protecting people and the interests of stated their endorsement of Mr. though the Bush administration stripped the the State. Tymkovich, writing: ABA of its official role in screening judicial Tim Tymkovich’s legal credentials We wish him prompt confirmation. candidates prior to their nomination. reveal a man who values independence

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.001 S01PT1 S4600 CONGRESSIONAL RECORD — SENATE April 1, 2003 and fairness in the judicial process. A public commissions. Based on our profes- Tymkovich served as a law clerk employed man who understands the implication sional experiences, we are of the unanimous by one of the justices of our court and later of a lifetime appointment to our Na- judgment that he is well qualified and most as counsel representing the State of Colo- tion’s courts, a man who truly believes able to serve as an appellate judge of the rado before the Court. We have also had the United States Court of Appeals. opportunity to observe Mr. Tymkovich as an that there is no higher professional This group of justices, coming from attorney serving in bar organizations such as calling than to serve the American peo- the American Law Institute, the American ple through the impartial administra- varied political backgrounds and dif- Bar Foundation and as a staff attorney of tion of the law. He will serve our Na- fering professional experiences and di- public commissions. tion with the utmost of respect to our verse legal careers and different racial, Based on our professional experiences, we country and our Constitution, and for gender and ethnic backgrounds, unani- are of the unanimous judgment that he is well qualified and most able to serve as an this reason, I urge my colleagues to mously support the confirmation of Tim Tymkovich by the entire Senate. appellate judge of the United States Court of vote favorably to confirm his nomina- Appeals. tion. An endorsement of this kind cannot, Consistent with our professional assess- No one has a better understanding of and must not, be taken lightly. These ments, the President of the United States the character and intellectual prowess justices, Jean Dubofsky, Joseph Quinn, has seen fit to nominate Mr. Tymkovich to of an attorney than his or her co-work- William Neighbors, Gregory Scott, and serve as a judge on the Tenth Circuit Court ers and peers. The legal profession is Luis Rovira, consider Mr. Tymkovich of Appeals. However, while nominated more filled with practicing attorneys, law- to possess the necessary attributes of a than a year ago, we understand that his nomination is currently awaiting consider- yers who work in private firms, in the Federal judge, and that Colorado and the Nation should no longer be sub- ation by the Senate Judiciary Committee public sector, and who serve the public that you chair. We do not propose to instruct from the bench. The impression left on jected to undue delay on his nomina- the Chair in the conduct of the Senate’s other attorneys by encounters with tion. business, for we are not able nor do we in- them at various stages of litigation The justices’ letter ends with this tend to assume such a role or purpose. None- and negotiation is obviously an impor- powerful statement: theless, we do ask that the President’s nomi- tant factor in determining whether a . . . [W]e speak as one voice, resolute in our nation of Mr. Tymkovich be considered expe- belief that the people are entitled to and ditiously. nominee is well suited for the bench. Mr. Chairman, despite coming from varied They work day-in and day-out with the that Mr. Tymkovich is most deserving of consideration . . . Mr. Tymkovich’s experi- political backgrounds and differing profes- nominee and have first hand knowledge ence, practice, public service, temperament sional experiences as diverse legal careers about the type of judge a particular at- and skills will serve the people of the United and different racial, gender and ethnic back- torney will make. At this time, I would States well. grounds, we are of the unanimous opinion like to share some of the comments that Mr. Tymkovich should be considered by Their unqualified support speaks vol- your Committee and confirmed by the entire made by Mr. Tymkovich’s colleagues. umes about Tymkovich’s credentials. In the third chart, I have reprinted a Senate. We also conclude and share the opin- This powerful and unequivocal endorse- ion that he not only possesses the attributes statement from William H. Erickson, ment deserves repeating: we appreciate in judges, both federal and former Chief Justice to the Colorado . . . [W]e speak as one voice, resolute in our state, but that he is entitled to fair and civil Supreme Court, and to whom Mr. belief that the people are entitled to and treatment by the Senate Judiciary Com- Tymkovich served as a law clerk. Jus- that Mr. Tymkovich is most deserving of mittee. The citizens of Colorado and indeed tice Erickson stated: consideration . . . Mr. Tymkovich’s experi- our Nation should no longer be subjected to I served on the Colorado Supreme Court for ence, practice, public service, temperament undue delay confronted by anything other twenty-five years and had the privilege of and skills will serve the people of the United than a full and fair review of his nomination working with a number of outstanding law States well. in accordance with the rules of the United clerks. Tim was one of the finest clerks that This statement deserves our atten- States Senate. served in my chambers. He has an out- Without listing his considerable accom- tion and our respect. plishments as an attorney engaged in public standing legal background that qualifies him I ask for unanimous consent that the for service on the Tenth Circuit. service and private practice, we speak as one letter from these five justices be print- vote, resolute in our belief that the people Justice Erickson has maintained a ed in the RECORD. are entitled to and that Mr. Tymkovich is close relationship with Tim, his wife, There being no objection, the mate- most deserving of consideration by your and their two sons, and has expressed rial was ordered to be printed in the Committee. The President’s nomination is a over and over again his strong belief RECORD, as follows: considerate one and Mr. Tymkovich’s experi- that he would—and will—make a sig- ence, practice, public service, temperament JANUARY 23, 2003 nificant addition to the Tenth Circuit. and skills will serve the people of the United Re Senate consideration of the nomination States well. In a letter to the Senate Judiciary of Timothy M. Tymkovich as a Judge of Committee, Justice Erickson wrote Together, therefore, we respectfully urge the United States Court of Appeals for you to place his nomination before the Sen- that, the Tenth Circuit. ate Judiciary Committee so that a fair and As counsel to the Columbine Review Com- Hon. ORRIN G. HATCH, prompt review of Mr. Tymkovich’s creden- mission that investigated the Columbine Chairman, Committee on the Judiciary, U.S. tials can be made without much further High School shooting, Tymkovich served Senate, Dirksen Senate Office Building, delay. with great distinction and materially as- Washington, DC. Moreover, we most strongly recommend sisted the Commission’s preparation of a re- DEAR MR. CHAIRMAN HATCH: We are all and heartily urge the Senate Judiciary Com- port that hopefully will prevent other school former justices of the Colorado Supreme mittee refer his nomination to the full Sen- shootings. Court. We write to express our personal and ate of the United States for a definitive vote In a letter to Senator HATCH dated professional concern and seek the timely as soon as practicable. January 23, 2003, five former justices of consideration of the nomination of Timothy Very truly yours, the Colorado Supreme Court urged the M. Tymkovich as a Judge of the United JEAN E. DUBOFSKY, Justice. Senate’s timely consideration of his States Court of Appeals for the Tenth Cir- cuit. Ever mindful of the Separation of Pow- JOSEPH O. QUINN, nomination. The justices, including ers Doctrine as well as the Supremacy Chief Justice. Justice Jean Dubofsky, wrote: Clause of the United States Constitution, we WILLIAM D. NEIGHBORS, Over the past nearly twenty years, each of do not write to impose or suggest our will Justice. us has had the opportunity to observe Tim- should prevail over that of the United States GREGORY KELLAN SCOTT, othy M. Tymkovich as a practitioner em- Senate. Instead, as private citizens with a Justice. ployed by or appearing before the Colorado unique perspective concerning the attibutes LUIS D. ROVIRA, Supreme Court. During that time, Mr. and abilities of Mr. Tymkovich, we write to Chief Justice. Tymkovich served as a law clerk employed petition your attention to our concern to As the end of the second year of his by one of the justices of our court and later urge that a hearing be scheduled for Mr. nomination approaches, I sincerely as counsel representing the State of Colo- Tymkovich. hope that my colleagues will act today rado before the Court. We have also had the Over the past nearly twenty years, each of opportunity to observe Mr. Tymkovich as an us has had the opportunity to observe Tim- to fill the 4-year vacancy on the Tenth attorney serving in bar organizations such as othy M. Tymkovich as a practitioner em- Circuit, so that the people of Colorado, the American Law Institute, the American ployed by or appearing before the Colorado Utah, New Mexico, Oklahoma and Ne- Bar Foundation and as a staff attorney of Supreme Court. During that time, Mr. braska, and indeed the Nation, will no

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.033 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4601 longer be short-changed by a vacant Circuit in the Judiciary Committee, I sought to question Mr. Tymkovich bench. While this seat has remained and I will do so again today. I would about this. And when I attempted to empty for nearly 4 years, the States like to take a few minutes to explain probe Mr. Tymkovich at his confirma- that comprise the Tenth Circuit have my decision. tion hearing about his view that civil experienced unprecedented population I cannot support the nomination of rights laws like the city ordinances at growth, and causing a docket overload Mr. Tymkovich because I am not con- issue in Romer somehow confer ‘‘spe- at the Federal level. The vacancy must vinced that he will give all those who cial rights’’ on gay Americans, he was be filled, and Tymkovich is the proper appear before him a fair and impartial suddenly and, to me, almost person to fill the seat. hearing. I am concerned that he lacks inexplicably evasive. I was frustrated The events of September 11 clearly a commitment to apply and uphold our with Mr. Tymkovich’s reluctance to demonstrate an active effort by the en- Constitution’s equal protection guar- answer questions that would reveal his emies of the United States to destroy antees, especially in protecting gay thought process. I was interested in his the liberties and freedom of our Na- Americans from discrimination. views on an important issue for our Na- tion. The most basic of our country’s In 1996, in a case called Romer v. tion—civil rights and the distinction values and traditions came under at- Evans, the Supreme Court ruled uncon- he saw between rights for African tack, and now we are taking action stitutional a Colorado ballot initiative Americans and rights for gay Ameri- against those perpetrators. In the wake that sought to overturn city ordi- cans. Even though he had already of tragedy, Congress has enacted new nances prohibiting discrimination shared his personal views on the ques- laws that provide financial assistance based on sexual orientation. As solic- tion of gay rights in a law review arti- to businesses, families and defense, and itor general of Colorado, Mr. cle—a public forum—he suddenly we are currently taking strong mili- Tymkovich defended the ballot initia- seemed reluctant to discuss those tary measures to suffocate terrorists tive on behalf of the State. Obviously, views with the committee. and destroy the hateful organizations I know it was his job to do that. But I I asked Mr. Tymkovich a question as that work to undermine our society am concerned that it is his personal be- follows: and destroy our liberty. lief—his personal belief—that gay As you discussed in your article, you be- I am sure that my colleagues will Americans do not have a right to equal lieve that the Supreme Court was wrong to agree that a necessary component of protection and equal justice under the be hostile to the political decision of a ma- providing justice and protecting liberty laws, and he did not convince me he jority of Colorado voters who supported and freedom is an efficient court sys- would put aside those personal beliefs adoption of the Colorado amendment. You tem, a court equipped with the per- state that Colorado voters made ‘‘a seem- when he becomes a judge. ingly good-faith policy choice.’’ sonnel and resources that enable it to Mr. Tymkovich wrote a law review If I understand you correctly, you agree fulfill its constitutional role. Today, article that was published in 1997 by with Justice Scalia’s dissent in Romer and this body has another opportunity to the University of Colorado about the that the court improperly injected itself into restore the faith of the citizenry and to Romer decision. In this article, which, a political debate. Is that your view? fill a 4-year vacancy. I urge the Senate I might add, he wrote and published That was the conclusion of my ques- to show the American people that the after he left his job as Colorado’s solic- tion. Here was Mr. Tymkovich’s initial Senate is indeed interested in serving itor general, he, in my view, went be- response: justice, in protecting our laws and our yond representing his client and actu- Senator, that’s an excellent question, and I people, and to support the nomination ally presented his personal views. He appreciate the opportunity to clarify and re- of Tim Tymkovich. He is highly quali- forcefully promoted the view that laws flect on the issue below. fied and will serve his country with the against discrimination based on sexual As you know from your participation in utmost of patriotism, and respect for orientation in activities like employ- this body, there are important issues of pub- adherence to constitutional principles. ment, housing, and education in places lic policy debate that cross party lines or are bipartisan and very difficult issues. In Colo- He respects our laws. I strongly urge like Denver, Aspen, and Boulder some- rado, the question of whether or not to add my colleagues to vote for the nomina- how conferred ‘‘special rights or pro- sexual orientation to State and local anti- tion of Tim Tymkovich to the Tenth tections’’ on gays and lesbians. Let me discrimination laws has been a very impor- Circuit Court of Appeals. quote a bit from his article. He wrote: tant and ongoing political debate in our I suggest the absence of a quorum. A number of governmental entities in Col- State. And certainly, Amendment 2 was in The PRESIDING OFFICER. The orado had granted special rights or protec- part within that context and dialogue. And clerk will call the roll. tions to homosexuals and bisexuals: the cit- certainly many people respectfully disagreed The assistant legislative clerk pro- ies of Denver, Boulder, and Aspen enacted or- with the legislative pronouncement there, ceeded to call the roll. dinances prohibiting discrimination based on and I think the point I was trying to make in those remarks and certainly in the case is Mr. ALLARD. I ask unanimous con- sexual orientation in jobs, housing, and pub- lic accommodations; the Colorado Civil that the courts were not a good forum for sent the quorum call be rescinded. airing sort of political or legislative policy- The PRESIDING OFFICER. Without Rights Commission had moved to extend the state’s civil rights act to ban discrimination type arguments, and that the courts are best objection, it is so ordered. based upon sexual orientation; the governor able to address a constitutional principle Mr. ALLARD. I ask unanimous con- of Colorado issued an order prohibiting job when they have the concrete facts and law sent the time used during the quorum discrimination for state employees based on before them and not sort of rhetorical or leg- call time be charged equally to both sexual orientation and began to fashion islative-type pronouncements. sides. ‘‘sensitivity’’ training for the state’s execu- The Amendment 2 case had a strong mix of The PRESIDING OFFICER. Without tive branch; and public educational institu- sort of a policy debate in that sense, and I think my comment was that the policy de- objection, it is so ordered. tions had begun adopting policies prohibiting discrimination based on sexual orientation. bate and certainly the arguments we made Mr. ALLARD. I suggest the absence to the courts is that that would be better left of a quorum. Mr. Tymkovich’s view is that em- to the political process. ployers and landlords have the ‘‘lib- The PRESIDING OFFICER. The I then followed up by saying: clerk will call the roll. erty,’’ or right, to discriminate against individuals based on their sexual ori- I am taking that as a yes, that you agree The legislative clerk proceeded to with Justice Scalia that the Court improp- call the roll. entation. He wrote: erly injected itself into a political debate. Do Mr. FEINGOLD. Mr. President, I ask Eliminating the liberty of landlords and you believe that the Court should have—is unanimous consent that the order for employers to take account of homosexuality that fair? the quorum call be rescinded. send the unmistakable message that homo- Mr. Tymkovich responded: The PRESIDING OFFICER (Mr. sexual behavior, like race, is a characteristic which only an irrational bigot would con- Senator, I think Justice Scalia accepted ENZI). Without objection, it is so or- some of the presentation of the State, but dered. sider. By restoring government neutrality of this difficult and divisive moral issue, then rejected others. So I don’t wholly agree Mr. FEINGOLD. Mr. President, I Amendment 2 promotes freedom and diver- or disagree with the dissent in the case, but voted against the nomination of Tim- sity by allowing different groups in the com- it does reflect some of the arguments that othy Tymkovich to be a judge on the munity to hold, and act on, different views were made. U.S. Court of Appeals for the Tenth on this question. I then asked:

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Do you agree with that point? Mr. TYMKOVICH. No, Senator. I think it I take it that your personal view is that the Mr. Tymkovich responded: provides a civil remedy, some laws provide a Court did the wrong thing here and improp- erly injected itself into the political debate. I agree—the presentation that the state criminal remedy, on behalf of discrimina- I understand that you would follow the law made to the Supreme Court was that it was tion, and certainly that’s the intent and pur- based on the Court’s decision. a policy debate and not subject to the Su- pose of those laws. Senator FEINGOLD. In that same spirit, do Mr. TYMKOVICH. I would follow the law. premacy Clause of the equal protections. you think that Title VII wrongly protects Senator FEINGOLD. Do you believe that the But, again, as I testified earlier, that argu- Americans from employment discrimination Court should have given more consideration ment, that presentation was not accepted by based on race, ethnicity, national origin, re- to the privacy, associational, and religious the Court, and regardless of my personal ligion, age, disability, or gender? Do you be- rights of persons who do not condone homo- views, I am perfectly capable and willing to lieve that an American who brings a claim of sexual behavior? impartially apply that precedent. job discrimination based on any one or more Mr. TYMKOVICH. Senator, the lower courts The reason I am going through this is of these categories is somehow enjoying spe- in Colorado had identified that there were that it is important to make a record cial rights or protections? religious and associational factors that for this point. Mr. Tymkovich and I Mr. TYMKOVICH. No, Senator. They’re sim- would be implicated by the laws that were then had a dialog that lasted quite a ply enjoying the protections that this body preempted by Amendment 2. I think, again, has provided to those particular groups. that that, as I’ve tried to explain in my pre- few pages of the transcript where I re- vious testimony, is part of the political give- peatedly asked him to discuss his per- Senator FEINGOLD. As you discussed in your article, you believe that the Supreme and-take, the public policy give-and-take in sonal views on this issue, not simply Court was wrong to be hostile to the polit- crafting a gay rights law that would accom- the position he had argued on behalf of ical decision of a majority of Colorado voters modate certain interests, and certainly the State, given that he had discussed who supported adoption of the Colorado that’s part of the policy debate that we’ve them in the law review article. He es- amendment. You state that Colorado voters seen in our State. Certainly the Amendment sentially refused to answer the ques- made ‘‘a seemingly good-faith policy 2 provision would have required that debate to go at the statewide level, and as I recall, tion. choice.’’ If I understand you correctly, you agree even during the judicial proceedings on I ask unanimous consent that the Amendment 2, there was a move to enact a full transcript of my questioning of Mr. with Justice Scalia’s dissent in Romer and believe that the Court improperly injected statewide initiative that would—— Tymkovich be printed in the RECORD. itself into a political debate. Is that your Senator FEINGOLD. Okay. I accept that, but There being no objection, the mate- view? I am asking you your personal view. You are rial was ordered to be printed in the Mr. TYMKOVICH. Senator, that’s an excel- an expert on this. Do you think the Court RECORD, as follows: lent question, and I appreciate the oppor- should have given more consideration—you, do you think the Court should have given Senator FEINGOLD. I will go back to the tunity to clarify and reflect on the issue issue of gay rights and your involvement as below. more consideration to the privacy, Solicitor General of Colorado in the case As you know from your participation in associational, and religious rights of persons that led to the U.S. Supreme Court’s Romer this body, there are important issues of pub- who do not condone homosexual behavior? Mr. TYMKOVICH. Senator, I think that in v. Evans decision. As has been discussed by lic policy debate that cross party lines or are that case, as others, as an advocate, as a rep- Senator Schumer and Senator Sessions, you bipartisan and very difficult issues. In Colo- resentative of my client, we were presenting defended the ballot initiative on behalf of rado, the question of whether or not to add what we thought were the best arguments the State of Colorado. It was, I agree, your sexual orientation to State and local anti- based on the applicable case law—— job to do that and I accept that. But I do discrimination laws has been a very impor- Senator FEINGOLD. I am asking your view tant and ongoing political debate in our want to ask you a bit about what perhaps right now. State. And certainly Amendment 2 was in goes beyond the zealous advocacy for your Mr. TYMKOVICH [continuing]. To the Su- client, and this is the article that we are dis- part within that context and dialogue. And preme Court. cussing, the 1997 University of Colorado Law certainly many people respectfully disagreed Senator FEINGOLD. I am not asking in your Review, that forcefully presents your view with the legislative pronouncement there, role as an advocate. I am asking in your view that laws against discrimination based on and I think the point I was trying to make should the Court have taken that more into sexual orientation in activities like employ- in those remarks and certainly in the case is account? ment, housing, and education in places like that the courts were not a good forum for Mr. TYMKOVICH. I think, as I’ve testified Denver, Aspen, and Boulder somehow con- airing sort of political or legislative policy- earlier, indicated in my article, that I be- ferred special rights or protections on gays type arguments, and that the courts are best lieve that we had strong arguments based on and lesbians. able to address a constitutional principle the existing precedent at the time and asked Let me ask you this: Do you believe that when they have the concrete facts and law that the Court accept that. title VII of the Civil Rights Act of 1964, the before them and not sort of rhetorical or leg- Senator FEINGOLD. Well, you seem to be re- landmark legislation prohibiting employ- islative-type pronouncements. fusing to give your own view on this, and I ment discrimination based on race, confers The Amendment 2 case had a strong mix of don’t know why. This isn’t a pending case. special rights on African Americans? sort of a policy debate in that sense, and I This is a case that was resolved by the Su- Mr. TYMKOVICH. Senator, the anti-discrimi- think my comment was that the policy de- preme Court. You have strong opinions indi- nation laws in Colorado and at the Federal bate and certainly the arguments we made cated I here, and I don’t understand why you level are important protections to minorities to the courts is that that would be better left can’t give me your personal view. and others that have faced discrimination. to the political process. Mr. TYMKOVICH. I think I’ve reflected the So to the extent that the baseline was no, Senator FEINGOLD. I am taking that as a views that we presented to the Court, and as you know, Federal or State protections yes, that you agree with Justice Scalia that I’ve testified—— based on ethnicity or race, the addition of the Court improperly injected itself into a Senator FEINGOLD. You did do that and those laws to the legislative pronouncement political debate. Do you believe that the that is all you have done, and you are not provides a protection, an additional protec- Court should have—is that fair? answering my question. tion that would not be available under the Mr. TYMKOVICH. Senator, I think Justice Throughout our Nation’s history, pro- common law. So in that sense, certainly Scalia accepted some of the presentation of ponents of racial discrimination have used under Colorado law, additional protections the State, but they rejected others. So I the argument that they should be free to dis- are provided through the discrimination don’t wholly agree or disagree with the dis- criminate based on their privacy, laws, and I might add that’s an important sent in the case, but it does—— associational, or religious rights. In Brown v. part of the legislative process to identify and Senator FEINGOLD. Do you agree with that Board of Education of Topeka, Kansas, the Su- protect injustices out there. point? preme Court injected itself into a conten- Senator FEINGOLD. But what about my Mr. TYMKOVICH [continuing]. Reflect some tious political debate where in some parts of question? Does Title VII of the Civil Rights of the arguments that were made. the country separate but equal schools were Act of 1964 confer special rights on African Senator FEINGOLD. Do you agree with that defended to the point of literally spilling Americans? point? blood over the issue. Mr. TYMKOVICH. I’m not sure exactly what Mr. TYMKOVICH. I agree—the presentation Do you believe that Brown v. Board of you mean by ‘‘special rights,’’ Senator, but I that the State made to the Supreme Court Eduation was wrongly decided and that the would say—— was that it was a policy debate and not sub- Supreme Court should not have injected Senator FEINGOLD. Well, I am referring to ject to the Supremacy Clause of the equal itself into the policy question of maintaining the fact that your article seemed to say that protections. But, again, as I testified earlier, school segregation? the Colorado law conferred special rights or that argument, that presentation was not ac- Mr. TYMKOVICH. Senator, it’s an important protections on gays and lesbians. I am ask- cepted by the Court, and regardless of my question because certainly the history of dis- ing you whether or not Title VII of the Civil personal views, I am perfectly capable and crimination in this country has had a very Rights Act of 1964 in that same spirit in your willing to impartially apply that precedent. mixed and very sorry record at times, and view confers special rights on African Ameri- Senator FEINGOLD. That isn’t what I am the Brown decision is certainly a reflection cans? asking. I have asked your personal view, and of part of that history.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.007 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4603 One of the reasons I went to law school was So, with that, Mr. Chairman, I conclude tive Coloradan, an excellent jurist and the influence of a book I read about the and thank you and thank Senator Kennedy. an all-around outstanding person. I be- Brown case called ‘‘Simple Justice’’ that Mr. FEINGOLD. Mr. President, this lieve he will be a terrific addition to traced the history of the legal development kind of evasive testimony only makes the Tenth Circuit Court of Appeals. from Plessy v. Ferguson to the Brown deci- it more difficult to analyze whether or Since he earned his juris doctor at sion, and a very powerful historical book not a nominee is well suited for a posi- the University of Colorado’s School of about the legal and social and ideological as- tion on a Federal appeals court. pects of discrimination in this country. Law back in 1982, Tim has had an out- So certainly Brown is one of the corner- I was also troubled by Mr. standing career, including a well-bal- stones of American jurisprudence, and cer- Tymkovich’s insistence that the anced combination of service in both tainly its foundation is a very important Romer case presented a political ques- the public sector and in private prac- part—— tion and should not have been decided tice. Senator FEINGOLD. So you obviously don’t by the courts. Tim’s public service experience in- disagree with that decision, and that is why The courts have played an important cludes his service as a clerk to the I want to ask you: What is the difference in role in ensuring civil rights for all former Colorado Supreme Court Chief your mind between African Americans and Americans. If our Nation left all ques- gay people in terms of whether laws pro- Justice William Erickson from 1982 to tecting them from discrimination are per- tions of civil rights to the legislatures, 1983. missible? school segregation might still be prac- From 1991 to 1996, Tim Tymkovich Mr. TYMKOVICH. Senator, I think that it’s a ticed in parts of the country today. In skillfully served as Colorado’s solicitor very important part of the public policy de- Brown v. Board of Education of To- general. bate to analyze the rationale and the reasons peka, KS, the Supreme Court did its In between these years of public serv- for a particular legislative judgment. I don’t job by injecting itself in a contentious ice, Tim earned an excellent reputation sit here today as having a legislative agenda. political debate and protecting the in private practice with several leading I do not. My goal as a Tenth Circuit judge, if confirmed, would be to impartially and fair- right of African Americans to equal law firms. ly and open-mindedly apply the law. You’re education. For the past 2 years, Tim has served asking me for a legislative judgment, and I I understand that these are President as counsel to Colorado Governor certainly—— Bush’s nominees and that he has the Owen’s Columbine Review Commission, Senator FEINGOLD. No. I am asking you right to nominate whomever he wants which reviewed the public agency and your personal opinion, having studied this in to the bench. But as much as it is our law enforcement response to the tragic law school, having the question of discrimi- duty to fill vacancies in the Federal ju- Columbine High School shootings of nation having been one of the inspirations diciary, it is also our duty to give great 1999. for your going to law school, and doing ex- At the same time, he co-chaired the tremely well, I might add, and being a very scrutiny to those nominees who have a distinguished lawyer. I am asking you what record that calls into question their Governor’s Task Force on Civil Justice your thought process is here. I am asking ability to give all those litigants who Reform, which has led to significant you what your thought process is here. What would appear before them a fair and improvements in Colorado’s civil jus- is the difference between discrimination impartial hearing. tice and practice. against African Americans and gay people? I am more than pleased to vote to Tim currently serves as a partner in Mr. TYMKOVICH. Senator, I think that, you confirm judicial nominees that are the prestigious Denver-based law firm, know, again, to answer your question from a fair-minded and supported by a con- Hale, Hackstaff, & Tymkovich. public policy standpoint, I believe that this sensus of Senators and the legal com- Two of Colorado’s leading newspapers body, Congress, which has debated whether have positively endorsed Tim, saying or not to add sexual orientation to Title VII munity, and, once again, I urge the or to Federal law, and certainly the debate President to send such nominees to the among other things, that he has gained at the State level would be to take the testi- Senate. I have voted in favor of three a local reputation as a thoughtful, in- mony and the experiences of gay and lesbian previous Bush nominees to the Tenth sightful attorney who knows the law Americans and apply that to the particular Circuit, but I do not believe that Mr. and works hard to uphold it. That was circumstances at work. Tymkovich is the right person for this the Denver Post, May, 2002. In Colorado, that’s an important dialogue They have also commented that if that is ongoing about to what extent the seat. I yield the floor and suggest the ab- the Senate gave Tim Tymkovich a seri- laws ought to be modified and changed to ous look, we would find someone who prevent discrimination and violence and har- sence of a quorum. assment against gay and lesbian people. I Mr. CRAIG. Mr. President, I ask combines intellectual heft and steady support that legislative debate in our State. unanimous consent that time under temperament. I don’t think it’s appropriate for me to take the quorum call be divided equally. I have taken a good look at Tim a personal view to the Federal bench, and I The PRESIDING OFFICER. Without Tymkovich, and I fully agree with can commit to the body that I’d be able to objection, it is so ordered. The clerk these insightful assessments. apply the discrimination laws faithfully and will call the roll. Tim’s nomination enjoys substantial carefully as a Tenth Circuit judge—— The bill clerk proceeded to call the bipartisan support, including the sup- Senator FEINGOLD.—Well, Mr. Chairman, roll. port of Colorado Attorney General Ken my time is up, but let me just say that I cer- Salazar and Colorado’s well-known tainly respect Mr. Tymkovich and wish him Mr. CAMPBELL. Mr. President, I ask well. But this process where we can’t even unanimous consent that the order for former Governor, Roy Romer. get at sort of the thought process of a nomi- the quorum call be rescinded. Tim Tymkovich’s nomination for the nee on something as simple and important as The PRESIDING OFFICER. Without Tenth Circuit Court of Appeals has how you relate discrimination against Afri- objection, it is so ordered. been pending since he was first nomi- can Americans to the issue of discrimination Mr. CAMPBELL. Mr. President, I am nated for this position back on May 25, against gay people, to me, Mr. Chairman, pleased that Timothy Tymkovich’s 2001. this is the problem we are having, that we nomination to serve on the Tenth Cir- it is now approaching 2 years since he are really not being given a chance to exam- cuit Court of Appeals has come before was first nominated. Despite Tim ine how these individuals will simply go the full Senate for consideration here Tymkovich’s outstanding qualifica- through their thought process as judges, not tions, it has not been an easy task for whether there is a right answer or a wrong today. answer, but how will they go through the ju- Almost 7 weeks ago today, on Feb- the Judiciary Committee to get this dicial process and how will they go through ruary 12, 2003, along with my friend and nomination to the floor of the Senate that thought process. colleague, Senator ALLARD, I was today. I think that is legitimate, and, again, I re- pleased to introduce Tim Tymkovich I want to take a moment to say a spect you and certainly you have tried to re- to the Judiciary Committee for his special word of heartfelt appreciation spond to me. But it makes it very, very dif- confirmation hearing. for my good friend and Judiciary Com- ficult to analyze, especially in light of the Today, I am once again pleased to be mittee Chairman ORRIN HATCH for his fact that this nominee wrote an article, an remarkably fair, evenhanded and extensive article about this very important able to speak in strong support of Tim subject, and all I am trying to do is to get Tymkovich’s nomination to serve on steadfast stewardship of judicial nomi- his thought process as it compared to an- the Tenth Circuit Court of Appeals. nees, including Tim Tymkovich’s nom- other body of law that he obviously thinks is Tim Tymkovich is well qualified to ination. Senator HATCH deserves all of valid. serve on the Tenth Circuit. He is a na- our appreciation.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.012 S01PT1 S4604 CONGRESSIONAL RECORD — SENATE April 1, 2003 It is time for the full Senate to com- at the hearing helping to open those the Sixth Circuit, the Eighth Circuit, plete our work and hold a straight up- proceedings. the Ninth Circuit, the District of Co- or-down rollcall vote on Tim Today we consider Mr. Tymkovich as lumbia Circuit, and around the coun- Tymkovich’s worthy nomination. the fourth of President Bush’s nomi- try, these qualified nominees, whose I strongly urge my colleagues to vote nees to this circuit to be considered by only sin was that they were nominated in favor of Tim Tymkovich’s nomina- the Senate. Three of the nominees to by a Democratic President, were not tion to serve on the Tenth Circuit the Tenth Circuit were given hearings allowed to have hearings or votes. Court. and confirmed during the time I was The Republican-controlled Senate I yield the floor and suggest the ab- chairman of the Judiciary Committee. made it very clear: We will not hold sence of a quorum. President Bush sent up Harris Hartz hearings or vote on them. Someday The PRESIDING OFFICER. The of New Mexico to the Tenth Circuit. I there will be a Republican President, clerk will call the roll. arranged to get him a hearing and vote and then we will fill these seats in a The bill clerk proceeded to call the on the floor. In fact, I voted for him. campaign to stack the courts. roll. President Bush sent up Terrence This was very clear. This happened Mr. CAMPBELL. Mr. President, I ask O’Brien of Wyoming. I arranged to get during President Clinton’s first term in unanimous consent that the order for him a hearing and a vote on the floor. the Senate—the Republican Senate the quorum call be rescinded. I voted for him. President Bush sent up blocking his nominations from even The PRESIDING OFFICER. Without Michael McConnell of Utah, a highly having a hearing because Republicans objection, it is so ordered. controversial, extraordinarily conserv- thought he would never get reelected Mr. CAMPBELL. Mr. President, I ask ative nominee, heavily backed by the and then they could put in Republicans unanimous consent that the time be Federalist Society and others. I ar- to fill those judicial vacancies. It is charged equally to both sides. ranged to get a hearing for him, and I very clear. Everybody here heard the The PRESIDING OFFICER. Without voted for him. comments in the cloakroom and in the objection, it is so ordered. I mention that because it is in stark Senators’ dining room. Look at the Mr. CAMPBELL. I suggest the ab- contrast to the treatment of President record, in the 1996 session, the Repub- sence of a quorum. Clinton’s nominees to vacancies on the lican Senate majority would not con- The PRESIDING OFFICER. The Tenth Circuit. We were fair and took sider or confirm a single nominee to a clerk will call the roll. action on three of President Bush’s circuit court anywhere in the country, The bill clerk proceeded to call the nominees to the Tenth Circuit last not one. During that entire year only roll. year. Today the Senate is debating and 17 judges were confirmed and all were Mr. BUNNING. Mr. President, I ask voting on his last remaining nominee to the district courts. President Clinton then had a land- unanimous consent that the order for to that circuit. the quorum call be rescinded. Let us recall what happened when slide reelection victory. We naively as- The PRESIDING OFFICER. Without Republicans were in charge and there sumed that the Senate Republicans objection, it is so ordered. was a Democratic President. President would work with us to help fill the Mr. BUNNING. Mr. President, I ask Clinton nominated two outstanding many judicial vacancies that had been unanimous consent to speak as in lawyers to this vacancy, the one about perpetuated. Not so. They thought maybe 4 years later they might have morning business for approximately 10 which we talk today. James Lyons, another chance and there might be a minutes. whom I have known it seems forever, is Republican administration and they The PRESIDING OFFICER. Without a brilliant lawyer. He would have been could get the courts to do what we objection, it is so ordered. an outstanding federal judge, one who wanted. Despite vacancies that reached (The remarks of Mr. BUNNING are in that position would be totally im- over 100, Republicans denied there was printed in today’s RECORD under partial, would fit the qualifications a vacancies crisis and insisted on slow ‘‘Morning Business.’’) necessary for a judge—that is, when and searching inquiries on those lucky Mr. BUNNING. Mr. President, I yield you walked in the court, you would nominees who were considered at all. the floor and suggest the absence of a know, whether you are Republican or Of course, more than 50 of President quorum. Democrat, rich, poor, plaintiff, defend- Clinton’s judicial nominees were never The PRESIDING OFFICER. The ant, black, white or anything else, that given a hearing and a vote. Others, the clerk will call the roll. you would be treated fairly. Mr. Lyons lucky ones, were delayed for years and The legislative clerk proceeded to was not treated fairly. He was not even years before Senate Republicans would call the roll. allowed to have a hearing let alone allow a vote. Mr. LEAHY. Mr. President, I ask consideration by the Judiciary Com- Then in the most recent presidential unanimous consent that the order for mittee or a vote by the Senate. election, as we know, Al Gore got half the quorum call be rescinded. Then President Clinton nominated a million more votes but did not be- The PRESIDING OFFICER (Mr. SES- Christine Arguello, an outstanding His- come President. I respect the electoral SIONS). Without objection, it is so or- panic woman. She was not allowed to system. President Bush won the elec- dered. have a hearing either. It was not that toral vote, and there was a 1-vote mar- Mr. LEAHY. Mr. President, I under- she was not qualified. In fact, speaking gin in the Supreme Court determining stand we are on the nomination of of these two, Mr. Lyons was among the that. All of a sudden, all these seats Timothy Tymkovich to the U.S. Cir- many Clinton nominees given the high- that have been kept open year after cuit Court of Appeals for the Tenth est qualification by the American Bar year because Republicans would not Circuit. Association. Like so many others who allow anybody to come forward, were The PRESIDING OFFICER. The Sen- fit in that category, he was never al- valuable opportunities. ator is correct. lowed even to have a hearing. It was When Democrats were the Senate Mr. LEAHY. I thank the distin- not a question of voting up or down. majority, we tried to help, to work guished Presiding Officer. As he knows, Republicans were in the majority. with the administration and with Sen- being a member of the Judiciary Com- They could have voted him down. But ate Republicans. Take, the Tenth Cir- mittee, while the debate time was both these well qualified nominees cuit. Even though President Clinton’s scheduled by the committee, at the were not even allowed to have a hear- nominees had been unfairly held up, we same time they scheduled hearings on ing. did not do the same thing to President various judicial nominees, including a Ms. Arguello is a talented Hispanic Bush’s nominees. We proceeded to con- very controversial nominee to another attorney. Her nomination had wide- firm 100 of his judicial nominees in 17 circuit court. As have others, including spread support from her community months. We proceeded on three of his the distinguished Chair, I have tried to and State. Both Republicans and nominees to the Tenth Circuit and balance my time from place to place Democrats called and wrote to me on filled three of the four vacancies on and attend to both matters ongoing si- her behalf. But as with so many circuit that circuit by adjournment last year. multaneously. I am sorry that I could court vacancies on the Tenth Circuit, With respect to this remaining nomi- not be here to open the debate but was the Fourth Circuit, the Fifth Circuit, nation, that of Timothy Tymkovich, I

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.009 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4605 must say—not just because of the Vermont, the State of Alabama, and ing his position and chastising the de- shameful, inexcusable way James every place else as prescribed by Fed- cisions of the Supreme Court of the Lyons and Christine Arguello were eral law. He argued: We will use your United States and of the Supreme treated by the Republicans—I have se- money, but you have no say in how we Court of Colorado. He criticized Justice rious misgivings about this nomina- use it. Kennedy’s decision in Romer as ‘‘an tion. Mr. Tymkovich has worked to un- Finally, Mr. Tymkovich claimed that important case study of the Supreme dermine environmental protections the Federal ‘‘motor voter’’ law was an Court’s willingness to block a and other Federal programs in the ‘‘intrusion’’ that ‘‘impose[d] special disfavored political result—even to the name of States rights. He has a par- burdens.’’ He called the law an ‘‘un- point of ignoring or disfiguring estab- ticular view of States rights, one that funded mandate’’ that ‘‘unquestionably lished precedent.’’ He also referred to I believe will color his decision making interferes with the States’ internal af- the U.S. Supreme Court’s oral argu- and result in hostility to Federal legis- fairs.’’ In summary, he argued that ment process as ‘‘judicial histrionics.’’ lation designed to protect all Ameri- ‘‘Congress has long ignored State inter- He concluded by saying this was ‘‘an- cans’ civil rights and all Americans’ ests.’’ other example of ad hoc, activist juris- environmental rights. I am also concerned about Mr. prudence, without constitutional moor- In 1996, Mr. Tymkovich testified be- Tymkovich’s involvement in attempts ing.’’ fore the Senate Governmental Affairs to weaken Title IX. As State solicitor Mr. President, I say this because this Committee, where he made strident general, Mr. Tymkovich appealed a de- is a man who claims he would be per- comments about his perceptions of cision by a Federal District Court find- fectly willing to follow the decisions of States’ rights. His testimony indicated ing that Colorado State University had the Supreme Court. In fact, the most that his support for ‘‘States’ rights’’ violated Title IX of the Education revealing aspect of his law review is his was conveniently focused on rolling Amendments of 1972. The suit, Roberts failure to acknowledge and respect the back Federal regulation in areas where v. Colorado State Board of Agriculture, decision of the Supreme Court and the he had substantive disagreements with was originally brought by members of views and integrity of those on the Federal policy. He testified in favor of the women’s fast-pitch softball team, other side of the argument from him. the so-called Tenth Amendment En- which had been cut by the university. I have voted for hundreds of judges forcement Act, which called on Con- The plaintiffs argued that the termi- nominated by both Republican and gress to eliminate implied preemption, nation of support for the team was a Democratic Presidents. My personal a form of preemption that has been violation of Title IX. The District belief is that it is not whether they are consistently recognized by the United Court issued a permanent injunction Democrats or Republicans, liberal or States Supreme Court. that required the university to rein- conservative, pro-life or pro-choice, or He claimed that the Federal Govern- state funding for the program and to whatever they might be; that is not the ment had interfered in Colorado’s provide the team with equal benefits to issue. The issue is whether, when some- State’s rights. Mr. Tymkovich com- other sports programs at the college. body comes before that court, that plained that the Federal Government Mr. Tymkovich appealed the case to they know that they are going to be had been ‘‘especially intrusive into the Tenth Circuit, arguing that addi- treated with fairness, treated with re- State affairs in the area of the environ- tional evidentiary requirements should spect, with courtesy, no matter which ment.’’ He cited as examples of such in- be placed upon Title IX plaintiffs. The side they are on or what legal position terference and ‘‘overreaching’’ the Tenth Circuit affirmed the lower they support in that litigation. EPA’s opposition to a State ‘‘self- court’s ruling, finding that the univer- A Federal judge has an enormous audit’’ program. That State program sity had not shown that it had fully amount of power. If somebody comes would have granted enforcement im- and effectively accommodated the in- into court and they know the case is munity to polluters that voluntarily terests and abilities of women athletes. already decided, that the judge has al- came forward and agreed to address Title IX has been vital to the inclu- ready determined, based on who you problems in the future. Immunity sion of women and girls in all facets of are, how the case is going to be de- would have applied no matter how education, especially athletics. You do cided, then I think you have a real damaging the polluters’ actions had not have to be a parent or grandparent problem that goes to the integrity of been. The State legislation was op- to know that now, if you go into any the courts and certainly to the inde- posed by the EPA because it violated schoolyard and you look at those play- pendence of the courts, and it deter- State obligations under several Federal ing sports at the grade school and high mines which way those courts are statutes—the Clean Air Act and Clean school level, you see boys and girls going to be seen. Water Act, among others. Mr. playing. At the college level, you see Why is that important in Mr. Tymkovich chided the EPA for refus- both young men and young women Tymkovich’s case? Because he shows ing to give the same immunity to pol- playing sports. This has been impor- what type of a judicial temperament he luters. In addition to his statements tant to all of us. would have. A most revealing aspect of about the self-audit program, Mr. I am also concerned about the per- his law review article is his failure to Tymkovich protested the EPA’s rejec- sonal hostility Mr. Tymkovich has acknowledge and respect the views or tion of State programs in water and air shown to Americans based on their sex- integrity of those on the other side of quality programs that did not meet ual orientation, and about his failure the legal debate. His article made me Federal standards. to accept the importance of civil rights ask myself why he felt compelled to Mr. Tymkovich also complained in laws. As Colorado solicitor general, he continue to advocate for the positions his hearing testimony that the Federal argued a case before the Colorado and he was taking once the case had been Government violated States’ rights by U.S. Supreme Courts, in which he un- concluded, once the Supreme Court had requiring Colorado to follow Federal successfully defended Colorado’s 1992 determined what the law was. Medicaid law if the State chose to ac- ballot initiative that added a broadly- He obviously feels very strongly per- cept Federal Medicaid funding. He ar- worded provision in the Colorado Con- sonally about these matters. That is gued that States should be allowed to stitution prohibiting any legal protec- fine and that is his right. But that does accept Federal Medicaid funding and tions based upon sexual orientation. not mean that he should be confirmed then refuse to use those funds as pre- Ultimately, the Supreme Court of the to a lifetime appointment on a Federal scribed by Federal law; that is, to deny United States found that the Colorado circuit court. Had he merely served as the termination of pregnancies in the law was motivated by prejudice, not ra- the attorney advocating a position in limited situation where a Medicaid- tionality, and thus ran afoul to the court, he could have chalked his in- qualified woman has been the victim of most basic premise of the equal protec- volvement in the Romer case up to pro- rape or incest. He argued that States tion clause. fessional advocacy in support of a pro- should be allowed to accept Federal So after he litigated the Romer case, vision adopted in Colorado. Instead, he Medicaid funding, but absolutely refuse and after a conservative Supreme went well beyond professional legal ad- to use these funds—funds that come Court ruled against him, he authored a vocacy. His advocacy went to the point from all of us from the State of bitter law review article both defend- of raising the question whether this

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.024 S01PT1 S4606 CONGRESSIONAL RECORD — SENATE April 1, 2003 man will be able to be fair to all liti- going to work to undermine Federal We proceeded with the first hearing gants. He wrote that ‘‘our society pro- laws and programs designed to guar- on a nominee to the Sixth Circuit in al- hibits, and all human societies have antee protection of civil rights and the most 5 years, confirmed her, and an- prohibited, certain activity not be- environment. I will vote against him. other controversial nominee to that cause they harm others, but because I will vote against him because I do circuit, even though three of President they are considered, in the traditional not believe that people can walk into Clinton’s nominees to that circuit phrase ‘contra bonos mores’, i.e. im- his court and believe they are going to never received a hearing. moral.’’ be treated fairly. I fear that people who We proceeded with the first hearings In short, the article seems replete come into his court and see that the on a nominee to the Tenth Circuit in 6 with heavy anti-homosexual rhetoric. person on the other side fits into the years. We confirmed three, even though The hallmark of a good judge is his or judge’s narrow view of who is accept- two of President Clinton’s nominees to her ability to be fair to all who come able and what is acceptable will think that circuit were never allowed hear- before the court. I have very grave that other person is going to win and I ings. doubts that Mr. Tymkovich can or will am going to lose no matter what the There is today no current vacancy on act in an unbiased or fair manner in- merits are. the First Circuit to which we con- volving civil rights. His expressions This is the last remaining vacancy on firmed a conservative nominee last seem otherwise. the Tenth Circuit. We had 7 years with- year. There are no current vacancies Equally disturbing about this inci- out a new judge of that circuit. Even on the Eighth Circuit to which we con- dent is Mr. Tymkovich’s apparent un- though President Clinton tried, Repub- firmed 3 of President Bush’s nominees willingness candidly to admit error ei- licans refused to allow his nominees to in spite of the irresponsible treatment ther to the courts or the Judiciary go forward to be considered. the Republican Senate majority had af- Committee. You have to wonder if he When I became chairman, we moved forded Bonnie Campbell of Iowa. would be fair and impartial as a judge three judges who were nominated by I have been in the Senate with six in a court. President Bush through to confirma- Presidents, President Ford, President In a case in which Mr. Tymkovich tion. None of them were people I would Carter, President Reagan, former was involved in private practice, he have ever nominated. I voted for all of President Bush, President Clinton, and represented the Republican and Liber- them. I thought even though we were the current President Bush. On judicial tarian parties, along with several State opposed and apart philosophically that nominees, each of the five previous legislators, in their challenge to the they could be fair. I did it notwith- Presidents had their own views of who constitutionality of Colorado’s Fair standing my own deep concern about they wanted on the courts, and that is Campaign Act. In the course of his rep- the unreasonable unfairness of the Re- their prerogative whom they nominate. resentation, which saw him before both publicans in not allowing a vote, not Each one of those Presidents sought to the trial court and the Tenth Circuit, even a hearing, on President Clinton’s unite rather than divide when it came Mr. Tymkovich erroneously agreed to nominees. I was determined not to do to the Federal judiciary. I think each consensual dismissal of one of his cli- that to President Bush. I thought it understood that the integrity and inde- ent’s claims before the district court. was absolutely wrong when it was done pendence of the Federal courts has to While each court differed about the to President Clinton. So three of those be protected. Each one of those five merits of the alleged claims, both four nominees went forward and they Presidents actually worked with Mem- agreed that Mr. Tymkovich voluntarily all sit on that court today as President bers of both parties in the Senate for dismissed a claim that (1) there was no Bush’s lifetime appointments to the nominees to go forward. I remember other means of challenging and (2) Tenth Circuit. sitting in many meetings with Presi- which he evidently still desired to liti- We have worked hard to reverse the dents of both parties. gate. In a case of such high impor- growing number of vacancies on the This President is the first one in my tance, and for a person being nomi- Federal courts and on the circuit experience in 29 years, who seems to nated to a court of such significance, courts, vacancies that were maintained have no interest whatsoever in working his actions in this case appear to in- under the Republican Senate majority with the Senate. He seems perfectly clude a rather serious mistake that re- when President Clinton was in the happy with what was done in the past flects upon his competency. White House. Even though President by members of his party, and now with Equally disturbing about this inci- Clinton nominated qualified, moderate members of his party willing to change dent is Mr. Tymkovich’s apparent un- people, they were not allowed to have the rules—ignore the rules and go for- willingness to candidly admit his error hearings. We tried to change that. Per- ward and do things that have never either to the courts or the Judiciary haps it is a case where no good deed been done before—so long as they win. Committee. Mr. Tymkovich continued goes unpunished. We tried to dem- In the short run, you win. In the long to argue the matter and assert that the onstrate to this new White House that run, you hurt badly the integrity and District Court behaved improperly and we could be different. the independence of the Federal court. without reason in dismissing his cli- In January 1995, when the Republican That is one thing we should think of. ent’s first amendment claim. So, too, majority took control of the confirma- These are lifetime appointments. They did he fail to reveal his error in his tion process, there were only 16 vacan- are not the terms of Senators or Presi- Senate Questionnaire. Although he cies on the circuit courts. When I be- dents. Presidents have 4-year terms. truthfully stated that he won some of came chairman in the summer of 2001, Senators have 6-year terms. The Fed- the claims he pursued, his careful there were 33 circuit court vacancies. eral bench has a lifetime term. wording on his Senate Questionnaire At the end of last year, these vacancies Finally, even though his term is ap- seems particularly crafted to avoid this had been cut by almost 25 percent, even proximately halfway over, I urge the aspect of the case. though 9 new circuit vacancies arose President to try for a few months to be I note for those who have recently during that time. a uniter, not a divider and work with trumpeted the ABA ratings as an im- We held the first hearing for a nomi- the Senate on nominating judges. We portant indicator of professional com- nee to the Fourth Circuit in 3 years, showed we were willing to move judges petence—especially when a close friend and confirmed him and another most much faster for him when the Demo- of President Bush is in charge of those controversial nominee, even though crats were in control than the Repub- ratings—Mr. Tymkovich received a rat- seven of President Clinton’s nominees licans did when they were in control ing that was partially ‘‘not qualified,’’ to that circuit never received a hear- and there was a Democratic President. indicating that a number of evaluators ing. Work with us. You are going to have did not consider him suited to the posi- We proceeded with the first hearing better courts; all Americans will have tion on the Tenth Circuit in which he for a nominee to the Fifth Circuit in 7 better courts. You can still appoint a was nominated. years and confirmed her, even though lot of Republicans—that is fine. But I am concerned that Mr. Tymkovich three of President Clinton’s nominees you could have an independent court, is yet another of President Bush’s to that circuit were never given a hear- not courts that are going to be seen by nominees to the circuit court who is ing. a growing—and it is growing—number

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.026 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4607 around this country as an arm of the The PRESIDING OFFICER. Without someone would deny their membership, Republican Party. Professor Sheldon objection, it is so ordered. but it has become a strange coinci- Goldman was recently quoted in an ar- Mr. ALLARD. I would also like to be dence how many Bush administration ticle by Stephanie B. Goldberg in MS. listed as a cosponsor on that resolu- nominees are members of the Fed- Magazine as saying: ‘‘If courts are per- tion. eralist Society. I have said that when ceived as being governed by political The PRESIDING OFFICER. Without you chart the DNA of Bush administra- ideology, they lose public support and objection, it is so ordered. tion judicial nominees, you are likely are no longer seen as an independent Would you add the Senator from to find, more often than not, the Fed- branch of government. They’re just an Ohio? eralist Society chromosome. arm of the regime.’’ Courts should not Mr. WARNER. Mr. President, I ask So I started asking questions, and be an arm of the Democratic Party or that the distinguished Presiding Offi- some of my colleagues are now joining the Republican Party. It is one branch cer, the Senator from Ohio, be added as me. Why? What is it about this organi- of Government that should be inde- a cosponsor. zation that is becoming such an impor- pendent. This White House seems to The PRESIDING OFFICER. Without tant element on a resume of someone want to change that. objection, it is so ordered. seeking a judgeship in the Bush admin- Over more than 200 years of history, Mr. WARNER. For the benefit of the istration? I asked Mr. Tymkovich, who is not Presidents occasionally have been un- Senate, it is being discussed now as to only a member of the Federalist Soci- able to resist the temptation of court- when this resolution might be brought IEBERMAN ety, but who is on its Colorado board of packing schemes, such as in the case of up. It is bipartisan. Senator L is one of the original cosponsors, to- advisers, the following question: John Adams or Franklin Roosevelt. gether with the distinguished majority One of the goals of the Federalist Society Those were wisely rejected. If the leader, Senator FRIST, Senator STE- is ‘‘reordering priorities within the legal sys- White House is unwilling to have an VENS, Senator INOUYE, myself, and now tem to place a premium on individual lib- independent judiciary, I hope the Sen- the others. erty, traditional values, and the rule of law.’’ ate will show enough courage to reject So those Senators having an interest I went on to ask him: that. should so notify the Presiding Officer. Which priorities do you believe need to be Before observing the absence of a I yield the floor. reordered? What is the role of federal judges quorum I ask unanimous consent that and the courts in reordering such priorities? the time run equally against both f On which traditional values should there be sides. EXECUTIVE SESSION a premium, and why? The Federalist Society The PRESIDING OFFICER. Without also states that its objective ‘‘requires re- storing the recognition of the importance of objection, it is so ordered. NOMINATION OF TIMOTHY M. these norms among lawyers, judges, and law Mr. LEAHY. I suggest the absence of professors.’’ a quorum. TYMKOVICH, OF COLORADO, TO THE UNITED STATES CIRCUIT I asked Mr. Tymkovich: The PRESIDING OFFICER. The If you are confirmed, how will you as a clerk will call the roll. JUDGE FOR THE TENTH CIR- CUIT—Continued judge restore, recognize, or advance these The assistant legislative clerk pro- norms? ceeded to call the roll. The PRESIDING OFFICER. The Sen- I do not believe these were trick The PRESIDING OFFICER. In my ator from Illinois. questions. I believe they were open- capacity as the Senator from Alabama, Mr. DURBIN. Mr. President, the ended questions so Mr. Tymkovich I ask unanimous consent that the order order of business on the floor, if I am could tell us what it is about the Fed- for the quorum call be rescinded. not mistaken, is the nomination of Mr. eralist Society that he understands to f Timothy Tymkovich for lifetime ap- be their mission, and whether he agrees pointment to the United States Court RECESS or disagrees. of Appeals for the Tenth Circuit. I rise Mr. Tymkovich’s entire response is The PRESIDING OFFICER. Hearing in opposition to that nomination. the following: no objection, under the previous order, Initially, it is worth noting that the I am not aware of the context of the the hour of 12:30 having arrived, the Tenth Circuit is closely divided be- quotations in the question, but all seem to Senate stands in recess until 2:15 p.m. tween Republican and Democratic ap- address the role of a policy commentator as Thereupon, the Senate, at 12:30 p.m., pointees, and the seat for which Mr. contrasted with the role of a federal judge. If recessed until 2:16 p.m. and reassem- Tymkovich was nominated is a seat confirmed as a judge to the Tenth Circuit, I bled when called to order by the Pre- would set aside any personal views and apply that the Republican-controlled Senate the precedent of the Supreme Court and the siding Officer (Mr. VOINOVICH). has denied on more than one occasion. Tenth Circuit. The PRESIDING OFFICER. The Sen- In fact, they have denied it to a mod- The quotations in my question are ator from Virginia. erate Hispanic-American Clinton nomi- straight from the ‘‘Our Purpose’’ page f nee in the year 2000, Colorado Attorney of the Federalist Society Web site. General Christine Arguello. She would ADDITION OF COSPONSORS—S. They constitute the mission statement have been the first and only Hispanic- CON. RES. 31 of the organization and are central to American judge on the Tenth Circuit, its identity. Mr. WARNER. Mr. President, I would but the Republicans, then in control of Mr. Tymkovich’s assertion that he is like to submit to the Chair a unani- the Senate, refused to give Ms. not aware of them raises important mous consent request. Arguello a hearing or a vote. questions. His responses to this com- Mr. President, pending at the desk is The Republican-controlled Senate mittee during the hearing indicate that S. Con. Res. 31 relating to the subject also refused to give a hearing or vote he was, at times, evasive in other an- of prisoners of war. I commend the to another Clinton nominee for the swers as well. Senator from Pennsylvania, Mr. Tenth Circuit, James Lyons, thus en- But there is one particular reason SANTORUM, for his work on this resolu- suring that this vacancy which we de- why I oppose Mr. Tymkovich, and it re- tion, approaching me and others about bate today would be theirs to fill. That lates to the issue of discrimination. the need for this resolution days ago. is what led us to this moment in time I have said on the floor of the Senate By inadvertence, and I accept responsi- where this nomination is being consid- and in the Judiciary Committee that bility for that, he was omitted from ered on the floor of the Senate. several weeks ago I had a unique oppor- the list of cosponsors. I asked Mr. Tymkovich some ques- tunity to visit the State of Alabama At this time, I ask unanimous con- tions when he appeared before the Ju- for the first time, to go there with sent that the Senator from Pennsyl- diciary Committee, and I would like to Democratic and Republican Members vania, Mr. SANTORUM, be added as a co- relate to you some of his answers. One of Congress, on a delegation led by our sponsor to S. Con. Res. 31, which is at of them relates to his membership in Congressman from Atlanta, GA, JOHN the desk. I thank the Chair. the Federalist Society. LEWIS, to visit some of the most impor- Mr. ALLARD. If the Senator from There is nothing illegal about the tant spots in America in the civil Virginia will yield? Federalist Society, nor any reason why rights movement.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.028 S01PT1 S4608 CONGRESSIONAL RECORD — SENATE April 1, 2003 We went to Birmingham, AL, and vis- wrong side. Mr. Tymkovich appears to er, in fact, the Colorado voters could ited the Baptist church where four lit- be hostile to laws prohibiting discrimi- vote to take away the rights of individ- tle girls were killed with a firebomb on nation based on sexual orientation. uals because of sexual orientation. a Sunday morning. This isn’t an easy issue for a lot of The Supreme Court decided by a vote I went to Selma, AL, with Congress- Members of Congress. There are people of 6 to 3 that the position argued by man JOHN LEWIS, and stood at the spot who feel very strongly against those Mr. Tymkovich was wrong. Only three where he was beaten by the Alabama with a different sexual orientation, of the most conservative Justices on State troopers and the militia, suf- gays and lesbians in American society. the Supreme Court felt otherwise: Jus- fering a concussion, at the time the I, for one, was raised in a conservative tices Scalia and Thomas, and Chief march to Montgomery was turned small town, East Saint Louis, IL. I Justice Rehnquist. They dissented, but back. raised my family in another small six other Supreme Court Justices said We went to Montgomery, AL, and town, Springfield, IL. It was not until I the Colorado decision to pass amend- stood on the street corner where Rosa got involved in congressional politics ment 2 violated the equal protection of Parks boarded the bus and refused to that I stepped back and said: I have to the laws in the United States and that give up her seat. take a look at this issue. I have to de- Mr. Tymkovich’s position arguing in The importance of this cannot be cide whether this is a civil rights issue favor of it was wrong by a vote of 6 to overstated for a person in my genera- and, if it is, which side of history I will 3. The man before us today asking for tion because the civil rights movement be on. a lifetime appointment to the Tenth was part of my formation as a young I have tried, though my record is not Circuit was found by the U.S. Supreme person. The civil rights movement was perfect, to stand for the proposition Court to be mistaken in his position. something I valued for what it brought that discrimination against any Amer- That is not the first time that has to America. It was a struggle I wit- ican based on race, religion, national ever occurred. Lawyers argue cases, nessed as a young student and appre- origin, gender, disability, age, or sex- and sometimes they have no choice. ciated as I grew older. ual orientation is wrong. I think that They need to come before the court Congressman JOHN LEWIS said to us, is a standard that America—all of representing their clients. Whether it as we were visiting these important America—should hold high. But, unfor- is a State, locality, business or an indi- historic sites, something that was not tunately, when it came to Mr. vidual, they come before the court and part of the formal program. He said: Tymkovich, and discrimination make the best case, and the court There never would have been a civil against people because of sexual ori- rules. Sometimes they are on their side rights movement in Alabama, there entation, he took an opposite course. and sometimes they are opposed. In would not have been a march from He zealously supported Colorado’s this case the Supreme Court ruled Selma to Montgomery, were it not for amendment 2, which eliminated the against Mr. Tymkovich. one Federal judge, Frank Johnson. legal rights for gays, lesbians, and What troubles me is what happened Frank Johnson, a Federal district bisexuals by banning all legislative, ex- after that. After the Supreme Court court judge—Republican, appointed by ecutive, or judicial action at any level issued its decision, Mr. Tymkovich de- President Eisenhower—had the courage of State or local government designed cided to author a Law Review article. to stand up to the establishment in to protect them. In other words, It is a lengthy article in the 1997 Uni- Alabama and other Federal courts and amendment 2 commanded that there be versity of Colorado Law Review. It is to fight against discrimination. He no recourse for any gay person in Colo- entitled ‘‘A Tale of Three Theories: made important rulings, striking the rado who was fired or not hired, denied Reason and Prejudice in the Battle Montgomery County ordinance which housing, harassed in school, or subject Over Amendment 2.’’ allowed for segregation on buses, strik- to similar acts of discrimination. Mr. Tymkovich and a couple other ing laws which did not allow fair rep- When I took a look at the Supreme writers went on to explain why the Su- resentation in the legislature of Ala- Court case where this amendment was preme Court was just plain wrong. Mr. bama, and, of course, signing the order challenged, they listed some of the Tymkovich wrote that the Supreme which allowed the march from Selma local ordinances that were at issue. Court decision in Romer v. Evans is to Montgomery. They listed Colorado municipalities ‘‘merely another example of ad hoc ac- Because of his courage, he was and what they were attempting to pro- tivist jurisprudence without constitu- shunned by leaders in society. He could tect: Aspen, CO, had a local ordinance tional mooring. If the test of an inde- not go back to his old country club. He prohibiting discrimination in employ- pendent judiciary lies in its response to had to start using the public golf ment, housing, and public accommoda- difficult political decisions, Romer is courses. But there was worse. His tion based on sexual orientation; Boul- cause for great uneasiness about the mother’s life was threatened. Bombs der, CO, and Denver, CO the same health of self-government.’’ were going to be detonated at his home thing; an executive order prohibiting There is a paragraph in this article and her home. Security was necessary employment discrimination for all which I find particularly offensive. Mr. around the clock. But he persevered. State employees classified and exempt Tymkovich, in describing the lifestyle And because of his courage and his de- on the basis of sexual orientation; the of those with different sexual orienta- termination, the civil rights movement Colorado insurance code, forbidding tions, likens them to people who prac- was a reality. health insurance providers from deter- tice bestiality. Those are not my America is a better place because of mining insurability and premiums words. They are the words written by one Federal district court judge who, based on an applicant’s or a bene- Timothy M. Tymkovich who now seeks given a chance to stand up against ficiary’s or an insured’s sexual orienta- a lifetime appointment to the second prejudice and bigotry, did the right tion; and other provisions prohibiting highest court in the nation. thing for America. discrimination based on sexual orienta- Mr. Tymkovich decided in this arti- I thought to myself, as all of these tion at State colleges. cle to establish what he considers to be judicial nominees come to the Senate, These were the laws which amend- a moral rationale for discrimination. It through the Judiciary Committee, ment 2 in Colorado would have wiped is not the first time that has happened. where is the next Frank Johnson? off the books. Mr. Tymkovich came to If you will look back in our history, Where is the next person who will the U.S. Supreme Court and argued there has scarcely been a time when stand up and fight for civil rights, the that these local ordinances should be discrimination was practiced in Amer- challenge of our generation? wiped off the books, or at least that ica that someone didn’t rationalize it I thought over that particularly amendment 2 should be allowed to or moralize it. Whether the objects of when I considered the candidacy and stand. that discrimination were Native Amer- the nomination of Mr. Tymkovich for The amendment was approved by a icans, African Americans, Asians, this circuit court judgeship. Mr. majority of Colorado voters, so the Su- Catholics, the Irish, they have used Tymkovich already has had his chance preme Court had to really face the some sort of moral rationale to say to speak out on the issue of discrimina- basic issue as to whether amendment 2 that a position of discrimination is ac- tion. Sadly—sadly—he came out on the was an equal justice issue, and wheth- tually the moral thing to do.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.033 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4609 Mr. Tymkovich took exactly that po- from which he has not backed away, is opposite point of view in arguing the sition when it came to discrimination something we should not sustain, case between the Supreme Court. Mr. against people based on sexual orienta- should not encourage, and should not Tymkovich, as solicitor general for the tion. approve with our vote. If Mr. State of Colorado, had an obligation, That position goes way beyond the Tymkovich has his way, the struggle regardless of his personal feelings, to norm in America. Mr. Tymkovich tries for civil rights and equal treatment argue on behalf of the people of Colo- to argue in his article that this is all under the law will be even greater and rado. Jean Dubofsky, arguing on the about States’ rights. I understand more difficult for future generations. opposite side before the Supreme there is an important balance between That is why I will vote to oppose his Court, argued against the amendment. Federal power and State power. The nomination. She has written a letter in support of Constitution acknowledges that. But, I yield the floor. his confirmation. She was his opposi- historically, those who want to support The PRESIDING OFFICER. The Sen- tion on arguing on amendment 2, which discrimination have usually found ator from Colorado. my colleague from Illinois just men- their refuge in the dark shadows of Mr. ALLARD. Mr. President, I would tioned in his remarks; she argued States’ rights. The Federal Govern- have to say that Tim Tymkovich’s against Mr. Tymkovich in the position ment should not step in, they argue, to nomination is far from a partisan proc- of the people of Colorado, as far as establish constitutional principles of ess. In fact, he has been supported in a amendment 2. She said she had to re- equal justice under the law. They bipartisan way. I have a list of people spect him because he was such an elo- argue: let the States establish those who have supported him. I would like quent advocate for the people of Colo- standards, knowing full well that you to share some of the comments, letters, rado, he was intellectual, he made won’t have a uniform standard across and statements made in support of Mr. great intellectual arguments, and he is the country. You will not have uniform Tymkovich’s nomination. recognized throughout the legal profes- protection under the law. He is widely respected in Colorado as sion in Colorado as somebody who is The Supreme Court, in the case of a fair attorney who works well with objective, straightforward and, above Romer v. Evans, saw it differently. others regardless of political philos- all, respects the law, respects the rule Thank goodness they did. ‘‘One century ophy. Just listen to the names of these of law. ago,’’ Justice Kennedy wrote, ‘‘the first supporters and you will quickly recog- nize that there is tremendous and I want to just note that, again, Jean Justice Harlan admonished this Court Dubofsky, an ‘‘unabashed liberal,’’ ac- that the Constitution neither knows broad support for his nomination from people who have worked with him on a cording to the Denver Post, supports nor tolerates classes among citizens.’’ Tim Tymkovich in the strongest They went on to say, during the daily basis, his peers; for example, Roy Romer, former Democratic Governor of terms. Not only was Dubofsky a justice course of this opinion: on the Colorado Supreme Court, but ‘‘If a law neither burdens a fundamental Colorado, with whom Mr. Tymkovich had to work on a fairly regular basis she argued against Tim Tymkovich on right nor targets a suspect class, we will up- amendment No. 2; she was opposing hold the legislative classification so long as since he was Solicitor General. it bears a rational relation to some legiti- Let’s look at what the Governor of counsel. Tim Tymkovich now has the mate end.’’ the State of Colorado said about Tim endorsement of not only her but five They said Mr. Tymkovich’s logic and Tymkovich: other former supreme court justices for argument in Romer v. Evans were a Mr. Tymkovich served the State of Colo- Colorado. He is well recognized for his basic denial of equal protection under rado from 1991 through 1996 during the latter legal efforts in trying to enforce the the law. Now Mr. Tymkovich wants an part of my tenure as governor of the State of law. opportunity to go to the second highest Colorado. He served with distinction and was I think in the committee hearing court in the land and argue his point of a strong advocate in legal matters for Colo- Tim Tymkovich answered the ques- rado. He also demonstrated a capacity to tions that were put forth, and he an- view for a lifetime. I am sorry. That is work closely with Colorado Democrats as a bad choice. It is a bad choice for the well as Republicans as Solicitor General . . . swered them in a straightforward man- Tenth Circuit and a bad choice for He was always a straight shooter in giving ner. Here are a couple of key state- America. legal advice to me and my top staff. ments he made in committee I think Throughout my service in Congress, I We are all involved in politics. Some- we need to keep in mind on the floor of have tried to support every effort to times in the political process there is a the Senate. I quote what he said in end discrimination based on race, gen- disconnect from what politicians may committee: der, ethnic origin, religious belief, age, say and what they may do. Timothy I believe an appellate judge has to set aside disability, or sexual orientation. Fair Tymkovich is not a politician. He a his or her personal views and faithfully apply and equal treatment of all Americans dedicated public servant. People like applicable Supreme Court precedent. is a cornerstone of our society and our the former Governor of Colorado, the political system. Unfortunately, de- In other words, he sets aside his own former head of the National Demo- personal views to enforce and to prop- spite the great progress we have made, cratic Party, recognize his commit- the struggle for civil rights and equal erly interpret the law. What more can ment to doing the right thing. you ask? We have three branches of treatment under the law continues I cannot believe, if he carried on with Government: executive, legislative, today. some of the arguments that have been and judicial. Our forefathers had in Federal judges, such as Frank John- made by the opposition, that we would mind the legislative branch where we son, stood up 40 years ago under risk of have support from individuals such as make the laws. We have the executive personal harm and risk to their fami- the former head of the national Demo- branch, which administers the laws lies and said: I will stand up for equal crat party. protection under the law—when it The following are supporters of Tim passed by the Congress, and we have came to African Americans. I am sorry Tymkovich: the judicial branch, which is set up to to say that based on his arguments and Michael Huttner, partner in Foster, interpret the law and to apply the law. his own words, I cannot believe that Graham, and Huttner, a law firm in In response to other questions before Mr. Tymkovich could ever rise to that Denver; William H. Erickson, former the committee, this is what he said challenge. Chief Justice on the Colorado Supreme about amendment No. 2, and what he If we want to turn our backs and ig- Court; John M. Hereford, executive di- said about the article referred to in my nore the reality of people who have pol- rector of Great Outdoors; William H. colleague’s comments earlier in the de- ished their prejudices to a high sheen Hanson, a Colorado attorney; Robert F. bate, where Mr. Tymkovich referred to with legal niceties, we are ignoring a Nagel, a resident of Boulder, Colorado, the article written on amendment No. basic responsibility of the Senate of a professor of law at the University of 2: the United States. If we tolerate intol- Colorado School of Law; the Rocky The article itself describes the public pol- erance, that is a form of intolerance. Mountain News; the Denver Post; Jean icy arguments that were presented to the The intolerance of Mr. Tymkovich, as Dubofsky, Colorado Supreme Court voters during the initiative’s political cam- evidenced in this Law Review article, Justice. On amendment 2, she took the paign, not my own.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.035 S01PT1 S4610 CONGRESSIONAL RECORD — SENATE April 1, 2003 As solicitor general of the State of his sensitivity to the rights of crime victims, rado ballot initiative prohibiting any Colorado, he was invited by the Jour- as well as his great legal skills, will serve legal protections based upon sexual ori- nal to write the article, and he com- our citizenry well. As Solicitor General, Mr. entation. As Colorado Solicitor Gen- plied to write that article, stating in a Tymkovich was instrumental in the creation eral, he had unsuccessfully defended of the first appellate victim services unit that initiative before the U.S. Supreme factual way the arguments both pro within the office of the Attorney General. and con for amendment No. 2 in the Mr. Tymkovich’s legal expertise was also Court. By his own words, in that law State of Colorado. significant in the determination of the prop- review article, the nominee dem- My colleague from Illinois also er course of action for passage of the Colo- onstrated why the majority of the U.S. talked about the previous nomination, rado Constitutional Victim Rights Amend- Supreme Court was right in its under- and he implied that somehow or other, ment. standing and application of the U.S. with the Christine Arguello nomina- The letter went on to describe his su- Constitution and the role of the judici- tion by President Clinton, there was a perb legal skills and well-recognized ary in our society and the nominee is political process. Again, I state in the victims expertise, and concluded: wrong. strongest terms that that simply is not His performance has shown not only an un- The nominee’s personal opinion pre- true. Carlos Lucero, a Hispanic from derstanding of legal issues surrounding sumably is that homosexuality is im- Colorado, is the first to serve as a His- crime victimization but also a very great moral. He is entitled to his own opin- panic on the Tenth Circuit Court of Ap- sensitivity to the attendant human cost. ions. He is not entitled, however, to peals. I supported him at the time. I can go on and talk about the num- make his personal opinions the moral Christine Arguello’s name came up for ber of people who respect the expertise code of American society and then to district court. I am the one who nomi- and the capabilities of Mr. Tymkovich, make judicial decisions based upon nated her to be on the District Court of but the fact is that he has bipartisan them. Our country is based upon a Colorado. It wasn’t a nomination, but I support and the Senate should go foundation of laws which are, in turn, sent a recommendation to the Presi- ahead and confirm him without any based upon the U.S. Constitution. It is dent of the United States. She was further delay. not a society run on the personal preju- never nominated by the President. I ask unanimous consent that the dices imposed by those who are in Then at the last minute, her name was time until 3:45 be equally divided in the power upon the rest of the citizenry. put forward—right at about the time usual form for the consideration of the The judiciary is the ultimate pro- we were ready to adjourn the Senate— pending nomination, and that at 3:45 tector of individuals whom some cul- for a position on the Tenth Circuit today the Senate proceed to a vote on tural gestapos would otherwise ostra- Court of Appeals. Frankly, the Senate the confirmation of the nomination cize, demonize, and criminalize. In the didn’t have time to act on a last- with no further intervening action or extreme, where countries have their minute nomination put forward by the debate. I understand both leaders have laws made that are enforced by the President. agreed to this request. self-proclaimed guardians of the public Many of us have worked hard to The PRESIDING OFFICER. Without more or less, which always quite con- make sure that Hispanics have an op- objection, it is so ordered. veniently match entirely with their portunity to serve on our courts. I Mr. ALLARD. I ask unanimous con- own personal beliefs, democracy is al- think it is important that we continue sent that the time be equally divided ways and inevitably sacrificed on the to push for that. So let me make it during the quorum call between advo- altar of prejudice and intolerance, clear. I am the Senator who nominated cates and opponents of the nomination. masquerading as higher ideals. A de- Christine Arguello. I was working with The PRESIDING OFFICER. Without mocracy must be able to permit peo- ple’s differences, especially in their the White House and the Clinton ad- objection, it is so ordered. personal lives. We are not required to ministration to get Mrs. Arguello nom- Mr. ALLARD. I suggest the absence like someone else’s actions. We are not inated in the first place. As we have of a quorum. required to agree with their particular witnessed many times, the politics of The PRESIDING OFFICER. The views. But we do have to understand August nominations are often nothing clerk will call the roll. and accept their rights to their per- more than political gestures aimed at The assistant legislative clerk pro- sonal differences from us and our soci- grabbing headlines but have no chance ceeded to call the roll. ety’s tolerances of those differences as of completing the confirmation process Mr. DAYTON. Mr. President, I ask being the essence and the test of a de- simply because the nomination came unanimous consent that the order for mocracy. too late in the process. the quorum call be rescinded. Again, I emphasize, I nominated Any totalitarian government—com- The PRESIDING OFFICER (Mr. Christine Arguello. This is the plain munist, fascist, Saddam Husseinist— CRAPO). Without objection, it is so or- and simple truth and we need to recog- tolerates the behavior and beliefs dered. nize that. which conform to their own personal Mr. Tymkovich is further recognized The Senator from Minnesota. views, but those whose words, beliefs, for his work by Joseph Quinn, Colorado Mr. DAYTON. Mr. President, I rise or actions are different from theirs are Supreme Court Justice; Gregory Scott, today to oppose the confirmation of not tolerated and not permitted. They Colorado Supreme Court Justice; Luis this nominee. I do so because his stated are dehumanized, incarcerated, and Rovira, Colorado Supreme Court Jus- views on important judicial matters even executed because they or their tice; the Colorado Department of Pub- are not only wrong but also wrong views or their actions are different lic Safety, Suzanne Mencer, and Nancy minded, wrong about the particulars of from those who hold the power. Lewis of the Colorado Organization of the decisions which he opposes, wrong For those of us in a democracy, this Victims’ Assistance; Barbara O’Brien, minded about the proper role and re- is one of the most difficult principles President of the Colorado Children’s sponsibilities of the judiciary under to really understand, and even more Campaign; Rebecca Coppes Conway, a our Constitution. difficult for us to put into practice, but Colorado attorney. They have all listed The nominee has stated: Our society that is why we have the judiciary. That their names as supporters. prohibits, and all human societies have is why these are lifetime appointments You have already heard statements prohibited, certain activities not be- to the U.S. Federal courts: so that the and letters from Governor Romer, the cause they harm others but because men and women the President nomi- justices, and the newspapers. Here is they are considered immoral. nates and we confirm can make un- what the rest of them had to say about In this category, the nominee in- popular decisions, take positions that Mr. Tymkovich. Suzanne Mencer and cludes sadomasochism, cock fighting, would get elected officials probably Nancy Lewis of the Colorado Depart- bestiality, sodomy, and homosexuality. unelected because they do not follow ment of Public Safety and the Colorado The nominee made those comments in the laws that are derived from the U.S. Organization for Victim’s Assistance an article he wrote for the University Constitution. The more unpopular wrote a letter to Chairman Hatch, and of Colorado Law Review. He was ex- those rights are, the more crucial it is I quote: pressing his pique at a decision by the for the judiciary to uphold them. We have each known Mr. Tymkovich for a U.S. Supreme Court, with six Judges in Unfortunately, this nominee would considerable period of time and believe that the majority, which overturned a Colo- rather pander to his ideological pals

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.038 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4611 and perhaps to popular opinion than re- orado Supreme Court justices with var- tion of Tim Tymkovich to the Tenth spect the greater wisdom of the judici- ied political backgrounds. They all dif- Circuit of the United States Court of ary and the U.S. Supreme Court which fer on professional experiences. They Appeals. he now wishes to join at a lower level. all had diverse legal careers. They had I suggest the absence of a quorum. If he does not respect their wisdom and different racial, gender and ethnic The PRESIDING OFFICER. The their courage now, it is extremely un- backgrounds. But they came up with a clerk will call the roll. likely that he will acquire either of unanimous opinion that Mr. The legislative clerk proceeded to those qualities when he dons judicial Tymkovich should be confirmed by the call the roll. robes. It is a reason again why the entire Senate. That speaks loads. His Mr. ALLARD. Mr. President, I ask penchant of this administration to peers, working with him on a daily unanimous consent that the order for nominate to high judgeships people basis, understand his capabilities. the quorum call be rescinded. who have never before been a judge, as Mr. President, we have heard both The PRESIDING OFFICER. Without this nominee has not, assures a lack of sides present arguments, discuss the objection, it is so ordered. understanding of the responsibilities nominee, as well as the mechanics of Mr. ALLARD. Mr. President, I ask and the role, a shallowness, an igno- our constitutional judicial nomination unanimous consent that the time dur- rance and, if they are confirmed, the process. Now it is time to finish the job ing the quorum call be divided equally likely regular abuses based on those and to move to an up or down vote on between both sides. misunderstandings and those biases. his nomination. I believe Mr. The PRESIDING OFFICER. Without I also disagree with the nominee and Tymkovich to be a very well-qualified objection, it is so ordered. his characterization that gay men and attorney, an attorney who will main- Mr. ALLARD. Mr. President, I sug- lesbian women are seeking special tain high principles and a strong dedi- gest the absence of a quorum. rights when, in fact, anyone who views cation to the law. He has the over- The PRESIDING OFFICER. The these matters with any understanding whelming support of the Colorado legal clerk will call the roll. of reality, whether he or she disagrees community. His support comes from The legislative clerk proceeded to or agrees with those practices, cannot professionals and clients with varied call the roll. possibly believe they are not subject to political backgrounds and differing Mr. SUNUNU. Mr. President, I ask regular and sometimes brutal viola- professional and real-life experiences. unanimous consent that the order for tions of legal rights, civil rights, and His support comes from people with di- the quorum call be rescinded. human rights. To twist and distort verse legal careers and job history, and The PRESIDING OFFICER. Without that need for the protections which the different race, gender and ethnic back- objection, it is so ordered. United States court system has, to af- grounds. He is unanimously supported Mr. SUNUNU. Mr. President, I ask ford to those who are oppressed and by five former justices of the Colorado unanimous consent I be allowed to discriminated against and who are the Supreme Court, including Jean speak as in morning business, with the victims of prejudices of those who are Dubojsky, an attorney who served as time allotted against the time for the not willing to relent, by either greater opposing counsel to one of our Nation’s nomination. wisdom in the spirit of our democracy most high profile constitutional cases. The PRESIDING OFFICER. Without or often the biblical junctions which Dubofsky and fellow justices consider objection, it is so ordered. they purport to represent, if the courts Tymkovich to possess the necessary at- (The remarks of Mr. SUNUNU per- will not stand with those individuals to tributes of a Federal judge, and that taining to the submission of the resolu- protect them, then there is no recourse Colorado and the Nation should no tion are printed in today’s RECORD and there is no protection. longer be subjected to undue delay on under ‘‘Submitted Resolutions.’’) With this nominee, sadly, there is an his nomination. I strongly urge my col- Mr. SUNUNU. Mr. President, I yield unwillingness to even admit the reality leagues to support the nomination of the floor and suggest the absence of a of circumstances, much less to evi- Mr. Tim Tymkovich. His confirmation quorum. dence any understanding of his respon- would fill a vacancy on the Tenth Cir- The PRESIDING OFFICER. The sibilities as a judge to uphold this Con- cuit Court of Appeals that has sat va- clerk will call the roll. stitution and what it means for all citi- cant for 4 years. The legislative clerk proceeded to zens: The right of life, liberty, and the In my opening statement, I con- call the roll. pursuit of happiness. cluded by stating that a necessary Mr. ALLARD. Mr. President, I ask Remember the admonition: Inasmuch component of providing justice and unanimous consent that the order for as you have done so to these the least protecting liberty and freedom is an ef- the quorum call be rescinded. of my brothers, you have done so unto ficient and properly equipped court. A The PRESIDING OFFICER. Without me. court that has the personal and judi- objection, it is so ordered. I yield the floor. Mr. ALLARD. Mr. President, I ask The PRESIDING OFFICER. The Sen- cial resources that enable it to fulfill unanimous consent that the time dur- ator from Colorado. its constitutional obligations. Tim Mr. ALLARD. How much time re- Tymkovich is highly qualified, and will ing the quorum call be divided equally mains on both sides? serve the judiciary in the best tradi- between both sides. The PRESIDING OFFICER. The Sen- tion of our Nation’s most respected The PRESIDING OFFICER. Without ator from Colorado has 24 minutes, and courts. objection, it is so ordered. the minority has 14 minutes 14 seconds. Before I conclude, before we move to Mr. ALLARD. I suggest the absence Mr. ALLARD. Mr. President, I reit- a final vote, I would like to leave you of a quorum. erate what five former Colorado Su- with a final thought, an important The PRESIDING OFFICER. The preme Court justices say about Mr. statement made by five justices of the clerk will call the roll. Tymkovich in their letter of rec- Colorado Supreme Court. The legislative clerk proceeded to ommendation to Chairman ORRIN ‘‘. . . [W]e speak as one voice, resolute in our call the roll. HATCH on the Judiciary Committee in belief that the people are entitled to and Mr. KENNEDY. Mr. President, I ask the Senate. These are individuals who that Mr. Tymkovich is most deserving of unanimous consent that the order for know Mr. Tymkovich. He practiced be- consideration . . . Mr. Tymkovich’s experi- the quorum call be rescinded. fore them. He worked with them be- ence, practice, public service, temperament The PRESIDING OFFICER. Without cause he was solicitor general for the and skills will serve the people of the United objection, it is so ordered. State of Colorado. States well. Mr. KENNEDY. How much time re- Based on our professional experi- Their unqualified support tells us a mains on Senator LEAHY’s time? ences, we are of the unanimous judg- great deal about Tymkovich’s creden- The PRESIDING OFFICER. The Sen- ment that he is well qualified and most tials and his suitability to the Federal ator has 21⁄2 minutes. able to serve as an appellate judge of bench. This statement deserves our at- Mr. KENNEDY. Mr. President, I yield the United States court of appeals. tention and our respect. myself the 21⁄2 minutes. Mr. President, we need to recognize I urge my colleagues to support the I urge my colleagues to vote against that this letter comes from former Col- nominee, and to vote for the confirma- the nomination of Timothy Tymkovich

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.041 S01PT1 S4612 CONGRESSIONAL RECORD — SENATE April 1, 2003 to the Tenth Circuit because I do not state that he would follow Romer, and continues to nominate judges who believe he has met his burden of show- that he would be fair in antidiscrimina- would weaken the core values of our ing that he has the qualifications, fair- tion cases involving sexual orientation country and roll back the civil rights ness, and commitment to core con- and other matters. But it is difficult to laws that have made our country a stitutional values required of an appel- reconcile the assertion she made at his more inclusive democracy, the Senate late court judge. The positions that hearing with the strong statements in should reject them. I urge the Senate Mr. Tymkovich has taken raise serious his article. to reject his nomination. questions about his ability to be open- As solicitor general, Mr. Tymkovich Mr. KOHL. Mr. President, I rise minded in cases involving gay rights unsuccessfully defended Colorado’s de- today in opposition to the nomination and privacy, reproductive choice, and cision to cut off, in violation of Federal of Timothy Tymkovich to the U.S. the power of the Federal Government law, State Medicaid funding for abor- Court of Appeals for the Tenth Circuit. with regard to the States. tions for poor women who had become Having reviewed his record and his tes- As State Solicitor General, Mr. pregnant due to rape or incest. Again timony at his confirmation hearing, I Tymkovich defended Colorado’s here, Mr. Tymkovich can argue that he am left with only one conclusion—he antigay ballot initiative, Amendment was simply doing his job. However, in does not warrant confirmation to an 2, which was struck down by the Su- testimony before Congress in 1996, Mr. appellate judgeship. preme Court in Romer v. Evans for vio- Tymkovich criticized the Medicaid re- It is not merely the extreme, highly lating the equal protection clause. The quirements as an unwarranted intru- ideological positions he has taken on a Romer decision vindicated the ability sion into a matter of state concern. In variety of important legal questions of gays and lesbians to employ the po- that same testimony, Mr. Tymkovich that compels me to oppose his con- litical process to secure antidiscrimi- also criticized the Federal ‘‘Motor firmation. But his record is replete nation protections, in the same manner Voter’’ law as intrusive because it with these positions on issues from en- as other American citizens. Justice poses ‘‘special burdens’’ on States; vironmental protection to a woman’s Kennedy, the author of the Romer deci- criticized the EPA’s decision to pros- right to choose. He has consistently ad- vocated an extreme reading of ‘‘States sion, perhaps put it best when he said ecute polluters who violated Federal rights’’ that would eviscerate the abil- ‘‘it is not within our constitutional environmental law standards as in- ity of the Federal Government to pro- tradition to enact laws like Amend- fringing on state prerogatives, and ar- tect Americans from a variety of dan- ment 2.... Central to both the idea of gued against the doctrine of implied gers. He believes that Federal clean air the rule of law and to our own Con- preemption. This testimony, in his ca- and water regulations, Federal funding stitution’s guarantee of equal protec- pacity as one of the top legal advisors for abortions for victims of rape and in- tion is the principle that government to the State Attorney General, leads cest, and even ‘‘motor voter’’ provi- and each of its parts remain open on me to question whether Tymkovich sions designed to make it easier for impartial terms to all who seek its as- would have the proper respect for con- citizens to exercise their fundamental sistance.’’ gressional authority to pass laws that As State solicitor, Mr. Tymkovich right to vote all unconstitutionally impact States. interfere with State sovereignty and had a duty to defend Amendment 2, but Finally, Mr. Tymkovich received a I am concerned about the content and autonomy. partial rating of ‘‘not-qualified’’ from But what most disturbs me con- the tenor of the comments made by Mr. the American Bar Association. While cerning Mr. Tymkovich—and, in my Tymkovich in a law review article he such a rating is not automatically dis- view, plainly disqualifies him for a wrote after the Court decided Romer in qualifying, when combined with my Federal appellate judgeship—is the ani- which he harshly criticized the Court’s other questions about Mr. Tymkovich, mus he has shown towards one group of reasoning and its decision. Not simply it leads me to conclude that I cannot Americans. He has argued that it is ap- content to disagree with the Romer de- support his nomination. propriate for the State to forbid local- cision, Mr. Tymkovich berates the Our Federal courts and the American ities from passing laws forbidding dis- Romer Court for its ‘‘ad hoc, activist people deserve judges of the highest crimination on the basis of sexual ori- jurisprudence’’ and its ‘‘willingness to caliber: judges who are fair, open, and entation. And his advocacy of this posi- block a disfavored political result.’’ impartial, who are highly qualified, tion was not limited to representing Mr. Tymkovich defends the antigay or- who possess unimpeachable integrity, his client, the State of Colorado, in the dinance as the exercise of freedom and who are committed to core con- courts. After the Supreme Court re- against immoral behavior. Employing stitutional values. The nominee has jected these arguments, and held such language that is a frightening parallel the burden to show the Senate that he laws were contrary to basic principles to that used by advocates against Fed- or she meets that standard and is wor- of equal protection, he published a law eral laws prohibiting racial discrimina- thy of confirmation. Unfortunately, review article defending his position. tion in the 1960s, Mr. Tymkovich sug- Mr. Tymkovich has failed to do so. In this article, he stated that it was gests that prohibiting discrimination I am concerned about what seems permissible for the State to deny pro- on the basis of sexual orientation is an like the right-wing ideological bent of tection from discrimination to gays improper infringement on an individ- the nominees that the administration just as it would be permissible for the ual’s liberty interest. continues to send forward. I urge this State to forbid certain immoral activ- Mr. Tymkovich’s statements lead one administration to work with the Sen- ity such as ‘‘sadomasochism, cock- to question whether he will understand ate, both Democrats and Republicans, fighting, bestiality, suicide, drug use, the vital role that the equal protection to nominate moderate judges who are prostitution and sodomy.’’ Such ugly clause and antidiscrimination legisla- qualified, fair, and have bipartisan sup- arguments reflect an intolerance and tion plays in protecting minorities port. This can be easily done. But the hostility to equal rights that have no against popularly-enacted laws. Ac- administration continues to insist on place in our Federal courts. cording to Mr. Tymkovich, ‘‘it is al- its unilateral right to pack the courts Anyone who reviews my record on ju- ways legitimate public policy for vot- with judges hostile to civil rights and dicial nominations knows that I do not ers or legislatures to repeal disfavored to the enforcement of important Fed- lightly oppose Federal judicial nomi- laws. No law, including civil rights leg- eral laws with profound impacts on the nees. But this nominee’s extreme posi- islation can be seen as a one-way lives of Americans. tions and opposition to equal rights for street. In the end, this important point The central values of our society— all Americans—regardless of their sex- was lost on the U.S. Supreme Court.’’ whether our society will continue to be ual orientation—leave me no choice. The harsh tone of the criticism raises committed to equally, freedom of ex- Mr. HATCH. Mr. President, I am concerns about how Tymkovich will pression, and the right to privacy—are pleased that the full Senate is consid- approach the civil rights cases that at issue with each of these nomina- ering the nomination of Timothy come before him, and raises questions tions. The Constitution does not con- Tymkovich to the U.S. Court of Ap- about his judgment and temperament. template a Senate that acts as a rubber peals for the Tenth Circuit. At his hearing and in answers to stamp. A genuine advice and consent Timothy Tymkovich, a graduate of written questions, Mr. Tymkovich did role is essential. If the administration Colorado College and the University of

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.015 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4613 Colorado School of Law, has worked as ners. He enjoys the unqualified en- of discrimination’’ on the basis of sex- a partner in private practice since 1996 dorsements of Colorado Senators CAMP- ual orientation. with the firm of Hale Hackstaff BELL and ALLARD; a number of former Never did Mr. Tymkovich in his brief Tymkovich, representing clients in Colorado Supreme Court justices, in- or his law review article argue that ho- matters involving State licensing and cluding Justices Erickson, Dubofsky, mosexuals should not enjoy the Four- regulatory issues. He has also acquired Neighbors, Rovira, Quinn, and Scott; teenth Amendment protections avail- some expertise in State and Federal Colorado Governor Bill Owens; the Col- able to all. election issues, and he has represented orado Attorney General, Ken Salazar; In the Colorado brief before the U.S. a variety of political parties and can- and Colorado’s major newspapers, the Supreme Court, Mr. Tymkovich spe- didates. Since 1997 he has represented Denver Post and the Rocky Mountain cifically pointed out, sponsors of the Great Outdoors Colorado, a highly suc- News. Significantly Mr. Tymkovich is Amendment intended to prevent a new cessful State program which devotes also supported by former three-term preferred status designation. To quote lottery monies to fund wildlife and Colorado Governor Roy Romer, who the brief: ‘‘Individuals would retain land conservation efforts and State has served as the national vice chair of precisely the same rights under State recreation programs. the Democratic Leadership Council, and Federal law that they had prior to Mr. Tymkovich has been a great pub- national co-chairman of the Clinton- the enactment of the special protec- lic servant for the State of Colorado, Gore ‘96 campaign, co-chairman of the tions’’ disallowed by Amendment 2, and serving from 1991 to 1996 as the State Democratic National Platform Com- Through Amendment 2, Colorado has Solicitor General, where he acted as mittee in 1992, and chair of the Demo- simply defined the package of civil the chief appellate lawyer for the citi- cratic Governors’ Association in 1991. rights available to homosexuals and zens of Colorado. In that capacity he I firmly believe Mr. Tymkovich will bisexuals under the Colorado Constitu- ably represented the State in State and make a great member of the Tenth Cir- tion as no larger than that provided by Federal courts, including the Colorado cuit. I urge all of my colleagues to vote the Constitution and laws of the Supreme Court, the Tenth Circuit to confirm this highly qualified nomi- United States.’’ Court of Appeals, and the U.S. Supreme nee. It is important to note that Mr. Court. He provided legal assistance to Unfortunately there seems to be con- Tymkovich’s testimony before Con- the Colorado General Assembly and fusion about Mr. Tymkovich’s record gress in 1996 represented the views of acted as a liaison to Colorado’s con- on several fronts. the Colorado Attorney General. He was gressional delegation. He acted as the First, some have confused Mr. not there to provide his own views; he Attorney General’s delegate to Colo- Tymkovich’s advocacy with his per- was there as an official representative rado’s judicial selection process. He sonal views. As an advocate for Colo- of the State. In fact, Mr. Tymkovich also worked to reform State criminal, rado, Mr. Tymkovich had a duty to de- noted during his February 12 hearing consumer protection and antitrust fend the laws of Colorado, including that he agreed with some of the testi- laws. Amendment 2. It is entirely unfair and mony, while he disagreed with other When he left the office of Solicitor erroneous to state that Mr. Tymkovich parts. General, the Denver Post editorialized, has provided his personal views or Thank you, Mr. President. I yield the ‘‘In an age in which lawyers and gov- opinions on these issues. He has not. floor. ernment workers are often held in low Second, it has been said that Mr. Mr. President, I suggest the absence esteem, Tymkovich, a member of both Tymkovich compared Amendment 2 to of a quorum. groups, has stood in stark contrast to prohibitions on cockfighting and other The PRESIDING OFFICER. The both stereotypes.’’ The Post added, activities. He has not. As he pointed clerk will call the roll. ‘‘Tymkovich has set a high standard of out to Senator LEAHY on February 26, The senior assistant bill clerk pro- service.’’ he was quoting a Supreme Court opin- ceeded to call the roll. Mr. Tymkovich is well respected by ion for the simple proposition that Mr. ALLARD. Mr. President, I ask his peers for his professionalism and there is Supreme Court precedent for a unanimous consent that the order for commitment to the field of law. He is a moral component as a rational motiva- the quorum call be rescinded. member of the prestigious American tion for an electorate. This wasn’t Mr. The PRESIDING OFFICER. Without Law Institute, which selects members Tymkovich’s personal opinion, it was objection, it is so ordered. on the basis of professional achieve- what the Supreme Court has said on Mr. ALLARD. Mr. President, it is my ment and demonstrated interest in the this issue. Mr. Tymkovich made this understanding that we have less than a improvement of the law; the Inter- point clear a month ago. minute remaining. national Society of Barristers, an I raise these points because some The PRESIDING OFFICER. The Sen- honor society made up of 650 trial at- seem to be attempting to reshape Mr. ator is correct. torneys in the United States and else- Tymkovich’s record on the floor into a Mr. ALLARD. Mr. President, I want where; the American Bar Foundation, form I do not recognize. This man has to make a brief comment before we which is the research arm of the Amer- a distinguished legal career. He is sup- vote to remind the Members of the ican Bar Association; and the Colorado ported by Democrats and Republicans Senate that they have heard evidence Bar Foundation. He currently serves as alike. He has served as a successful liti- today that indicates Tim Tymkovich is Chair of the Colorado State Board of gator and he was an excellent Solicitor fairminded, he respects the rule of law, Ethics, which acts to advise the Colo- General for Colorado. Those who know and he has exhibited intelligence and rado governor and executive branch on him support him and know he will be a the proper temperament to serve on ethics issues. terrific judge. the Tenth Circuit Court of Appeals. From 1999 to 2001 he served as counsel ‘‘SPECIAL’’ RIGHTS I ask that my colleagues join me in to the Columbine Review Commission, I would like to respond to the allega- voting to confirm Tim Tymkovich as a which was responsible for reviewing all tion that Mr. Tymkovich views protec- Federal judge on the Tenth Circuit aspects of the 1999 shootings at Col- tion for gays and lesbians as providing Court of Appeals. In my view, when umbine High and making recommenda- ‘‘special treatment’’ for them. confirmed, he will be not just a good tions to the Governor regrading ways First of all, Mr. Tymkovich’s use of judge, he will be a great judge. to respond to, and even prevent, future the term ‘’special treatment’’ mirrored I yield back the remainder of my assaults of the same type. From 1998 to the terminology used by participants time. 2000 he served as Chair to the Colorado in the political debate over Amend- The PRESIDING OFFICER. All time Governor’s Task Force on Civil Justice ment 2’s passage. having expired, the question is, Will Reform, which issued findings on the Second, as part of his job as Solicitor the Senate advise and consent to the status of civil justice in Colorado and General, Mr. Tymkovich had to defend nomination of Timothy M. Tymkovich, offered recommendations for improve- the provisions of Amendment 2, which of Colorado, to be United States Cir- ments. was intended to disallow laws recog- cuit Judge for the Tenth District? Mr. Tymkovich’s nomination has nizing ‘‘minority states,’’ ‘‘quota pref- Mr. ALLARD. Mr. President, I ask drawn powerful support from all cor- erence,’’ ‘‘protected status,’’ or ‘‘claim for the yeas and nays.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.022 S01PT1 S4614 CONGRESSIONAL RECORD — SENATE April 1, 2003 The PRESIDING OFFICER. Is there a minded of their youth, sitting in front their events, this provision could have sufficient second? of a dimly lit television, watching a made for a lot of needless redtape. To There is a sufficient second. rocket take flight as we began the avoid it, many of those participating in The clerk will call the roll. study of space flight and space travel. this hobby carried their rocket bodies Mr. REID. I announce that the Sen- We were much younger then and all to the events and purchased the rocket ator from Connecticut (Mr. LIEBERMAN) around me kids from all over the State motors from vendors at the local is necessarily absent. and all around the country were ex- launch. With a little ingenuity and co- The PRESIDING OFFICER (Mrs. cited and fascinated by the new age of operation from local vendors, most DOLE). Are there any other Senators in rocketry and, later, space travel. rocketeers legally avoided the need to the Chamber desiring to vote? When Russia launched its Sputnik, it purchase and obtain permits. The result was announced—yeas 58, created a sensation, and their success, Now the provisions of the Homeland nays 41, as follows: spurred on by the climate of the cold Security Act have created a new prob- [Rollcall Vote No. 113 Ex.] war, challenged us in the United States lem. Under the new law, a permit will to reach for the skies. YEAS—58 be required for all rocket motors con- Wyoming isn’t called the Pioneer taining more than 62.5 grams of APCP, Alexander DeWine Miller State for nothing, and so my class- Allard Dole Murkowski whether or not the motor is used in or Allen Domenici Nelson (NE) mates and I were determined we would out of State. And that begins on May 24 Bayh Ensign Nickles do everything we could to learn about of this year—a problem rapidly ap- Bennett Enzi Pryor this new branch of science and involve proaching. The new law creates a prob- Bond Fitzgerald Roberts ourselves in the race for space. It was Breaux Frist lem where there was none before and Santorum not too long after that President John Brownback Graham (SC) Sessions imposes a solution that will only cre- Bunning Grassley Shelby F. Kennedy issued a challenge to the ate unnecessary hardship for those who Burns Gregg Smith Nation to land a man on the Moon and Campbell Hagel are studying about rockets or pursuing Chafee Hatch Snowe return him safely to Earth. a hobby as a model rocket enthusiast. Chambliss Hutchison Specter What seemed to be against all the According to the U.S. Product Safety Stevens Cochran Inhofe odds soon became reality when Neil Commission, a rocket motor with less Coleman Kyl Sununu Armstrong walked on the Moon, taking Collins Lincoln Talent than 62.5 grams of APCP can be used by Conrad Lott Thomas a small step for man and a giant leap minors without adult supervision. That Cornyn Lugar Voinovich for mankind. is the U.S. Product Safety Commission: Craig McCain Warner Even today, those of us who saw 62.5 grams or less can be used by mi- Crapo McConnell those events firsthand on the television nors without adult supervision. It will never forget what a miracle it was. NAYS—41 could not be very bad. Now a rocket It fired our imaginations as it taught Akaka Durbin Lautenberg with any more than that requires adult Baucus Edwards the Nation a powerful lesson: If we can Leahy supervision and a permit. Such an arbi- Biden Feingold Levin make this impossible dream come true trary limit makes no sense when it Bingaman Feinstein Mikulski for the Nation, of what more are we ca- Boxer Graham (FL) Murray means a 62-gram rocket can be used by pable if we dare to try? Perhaps that Byrd Harkin Nelson (FL) your children out playing in a field Cantwell Hollings lesson is what made our Nation what it Reed with their friends, while another gram Carper Inouye Reid is today and why we have continued to Clinton Jeffords Rockefeller of fuel puts it in a category that re- Corzine Johnson defy the odds of what is possible for us Sarbanes quires adult supervision, Federal inter- Daschle Kennedy as a nation, and even for each of us as Schumer Dayton Kerry individuals. vention, attention, inspection, and ex- Dodd Kohl Stabenow pensive, cumbersome permits. Wyden Then came September 11 and we, as a Dorgan Landrieu nation, faced another challenge. The The permit that is required costs NOT VOTING—1 call for increased security that re- $100, and it requires the submission of fingerprints, a photograph, and a back- Lieberman sulted from those cowardly and cruel attacks has had some unforeseen con- ground check. Although the homeland The nomination was confirmed. security bill tried to introduce a lim- The PRESIDING OFFICER. The sequences, however. One of them was brought to my at- ited permit that could be obtained for President will be immediately notified tention when a constituent called to $25 and a background check, the newly of this action. share his concern regarding the future designed permit is restricted to intra- Mr. ALLARD. Mr. President, I move of his favorite hobby, model rocketry. state use and purchase only and would to reconsider the vote. He said some of the restrictions of the not have any use for rocketeers who Mr. SANTORUM. I move to lay that Homeland Security Act could make it travel to events in other States. motion on the table. more difficult, if not impossible, for My concern about the impact of The motion to lay on the table was him and his fellow enthusiasts to pur- these regulations, and the process nec- agreed to. chase fuel for their model rockets. essary to obtain permits, and the bu- f As I looked into his problem, I was reaucracy that would be necessary to do that, and to fulfill the requirements LEGISLATIVE SESSION surprised to see that the use of ammo- nium perchlorate composite propel- for background checks is that it will The PRESIDING OFFICER. The Sen- lant, better known as APCP, had certainly slow the participation of our ate will return to legislative session. caught the eye of the Bureau of Alco- young adults in studying rockets and The PRESIDING OFFICER. The Sen- hol, Tobacco, and Firearms. Although pursuing their dreams of space travel. ator from Wyoming. it had been regulated in the past by its As I learned from my own experi- Mr. ENZI. I ask unanimous consent placement on the explosives list, the ence—and I was one of those rocket to speak as in morning business for 12 ATF had considered consumer rocket people back at the time of Sputnik— minutes. motors as propellant-activated devices the study of rockets had a ripple effect The PRESIDING OFFICER. Without and exempt from any ATF permit re- throughout my own education. It objection, it is so ordered. quirements. taught me a lot about math, when we f Then, in 1997, the ATF decided to reg- had to calculate the amount of fuel we ulate rocket motors that contained needed and the rate at which the rock- CONSUMER ROCKET MOTOR more than 62.5 grams of APCP. Those et would travel at speed-calculating PROPELLANTS that contained less than that amount heights, figuring trajectories, figuring Mr. ENZI. Madam President, I come were still exempt, but those that con- the amount of Gs that would be on a to you today on behalf of students and tained more would not be available for passenger. It taught us about the study 4–H members and Scouts around the interstate purchase and transport of weather, as we would examine re- world. Start counting backwards from without a permit. ports about our own launch date and 10 to zero: 10, 9, 8, 7—and depending on Since many rocket enthusiasts travel temperature and cloud cover that the context, people will instantly be re- from State to State to participate in would affect our ability to observe the

VerDate Dec 13 2002 05:08 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.044 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4615 launch, and weather balloons for meas- ments for the components of rocket A lot of work goes into the rocket uring the winds aloft, to better tell motors. This exemption is similar to body. Nobody wants to blow theirs where it would go, and to make the cal- the exemption in the same section en- apart. So they are a safe form of fuel. culations about how high we were able joyed by antique firearms users for Simply put, my legislation is de- to fly on any particular day. black powder, as black powder also signed to allow another generation to We invented much. When I started makes the explosives list. The limit experience the thrills and excitement doing rockets, there were not the there is 50 pounds; quite a bit different of model rocketry. It is being intro- model rockets available at the hobby than 62.5 grams. duced to correct a change in the law shops. We had to have the motors The current language has been tight- that Congress never intended. When we turned out at the local shop, after we ened up from the original draft to en- voted to take action to prevent the ac- designed them for the proper charac- sure that the exemption is only pro- tions of terrorists, we never intended teristics. It led to a lot of invention. vided for valid uses. The language to prevent our children from pursuing It also expanded our horizons, as our specifies that the exemption only ap- projects in science class, hobbyists experiences with rockets translated to plies to nondetonable rocket propel- from pursuing their hobbies, and our our own lives. My friends and I often lant—a very important word. There are families from engaging in father-son or thought, if we could master the skies some high-energy APCP composites mother-daughter or any mixture of and heavens with our rockets, what that have additional chemicals in their projects that promote learning and the more would we be able to do in our composition that make them detonate pursuit of the frontiers of space. If you daily lives? It is an answer we are still instead of burning at a moderate rate. have never been to a rocketry event or These are not used in amateur or sport developing as we each pursue paths in seen a rocket launch in person, I urge rocketry and are not exempt under my life—some very far away from rockets. you to do so if the opportunity ever language. As we grow older, we all want to presents itself. If you have gone to one make sure our children and our grand- The APCP my bill refers to, which is found in model rockets, burns but does of those events, you will remember how children have it better than we did. it left you looking towards the heav- This is one area in which they will not not explode. In addition, the language in my bill does not exempt rockets ens, mindful of your dreams, and feel- have it better than we did—in fact, ing encouraged to pursue them. may not have it at all—if we fail to that carry various components of That is not a bad gift to give our act. If we fail to come up with a rea- weaponry. children and theirs. It is extensive sonable compromise on this issue, we On the transportation issue, it ap- throughout the world, I can tell, from will have failed to fuel the dreams of pears that some companies are only the calls I have gotten about this since the next generation in a vital field of shipping those articles that are specifi- I got involved in it. science by our shortsighted efforts to cally mentioned as exempt from explo- regulate the fuel of the rockets. sives requirements under section 845. I urge my colleagues to join me in Our children will not be the only My bill provides the exemption for this effort which will have a great im- ones affected by this provision, how- rocket motor components under this pact on our lives in the years to come. ever. The impact of this regulation will section, giving shippers a clear exemp- I yield the floor. also be felt by the trucking industry tion to resume shipping rocket motors. The PRESIDING OFFICER. The Sen- I have been joined by Senators BEN- which was recently told that it would ator from Arizona. NETT, INHOFE, COLEMAN, CRAPO, BURNS, be liable for the prevention of the pos- ALLARD, and SANTORUM in introducing session of explosives by prohibited per- this bill. f sons who are their employees. As some Some of my other colleagues have ex- shippers do not currently do extensive pressed concern that this legislation TROOPS PHONE HOME FREE ACT background checks on their employees, goes too far. They have questioned me OF 2003 they have decided to stop shipping the about the possibility of individuals Mr. MCCAIN. Madam President, I ask motors, including these rocket motors, stockpiling APCP to build a bomb. at all. First, I would contend that the ATF unanimous consent that the Senate Although some companies will con- does not appear concerned about this proceed to the consideration of S. 718, tinue to ship rocket motors, they will possibility. Under their proposed 62.5- the Troops Phone Home Free Act of charge very high hazardous material gram exemption, an individual would 2003; that the only amendment in order fees that would hit the consumers in be able to buy as many rocket motors be a McCain substitute amendment; the pocketbook. Small businesses will as they wanted that were under 62.5 further, that there be 1 hour of debate be hit hard by the fees which will have grams. equally divided between Senator to be paid by the consumer, and even A rocket motor is fairly simple. I ask MCCAIN and the Democratic leader or larger and more successful businesses unanimous consent to show a three-di- his designee; that at the expiration or will be unable to avoid the one-two mensional object on the floor. yielding back of time, the amendment punch of the permit process and the The PRESIDING OFFICER. Without be adopted, the bill, as amended, be higher transportation and delivery objection, it is so ordered. read a third time and passed, without fees. Mr. ENZI. I have one of those 62.5 intervening action or debate. Even small businesses in other coun- gram rocket motors here. This is what The PRESIDING OFFICER. Without tries will feel the pinch. I was surprised is allowed to be bought in as much objection, it is so ordered. to receive a call from the president of quantity as you want. But a quarter of The clerk will report. the United Kingdom’s largest model an inch bigger than this and you can’t The assistant legislative clerk read rocket group. He thanked me for my have it without $100 and a special per- as follows: interest in the issue because the U.S. mit. It is very simple, the fuel with the ships most of the model rockets used in hole through the center. When you buy A bill (S. 718) to provide a monthly allot- the United Kingdom. The supply of them, the APCP comes in this chunk ment for free telephone calling time to mem- bers of the United States armed forces sta- model rocket motors in other countries that is removable from the rest of the tioned outside the United States who are di- is limited, and their hobby is intri- rocket motor parts. rectly supporting military operations in Iraq cately linked with ours. If the ATF considers APCP a dan- and Afghanistan. To remedy these problems, I intro- gerous explosive, then their 62.5 gram AMENDMENT NO. 434 duced S. 724 last week. My bill provides exemption itself is dangerous. The ATF an exemption for permit requirements is basically saying it is OK to buy as Mr. MCCAIN. I ask unanimous con- for the purchase and transport of rock- many sticks of dynamite as you want, sent that the McCain substitute be et motors, including those with more but we won’t let you have a whole box. adopted at this time for consideration. than 62.5 grams of APCP. I reiterate that rocket motors compare The PRESIDING OFFICER. Without In section 845 of the Federal explo- more to flares than to dynamite. Hun- objection, it is so ordered. sives law, my bill provides an exemp- dreds of hours are spent constructing The amendment (No. 434) was agreed tion from explosives permit require- these rockets. to, as follows:

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.047 S01PT1 S4616 CONGRESSIONAL RECORD — SENATE April 1, 2003 (Purpose: To make minor changes in the with the availability of resources. Consistent [This bill] is a terrific idea and I would like plan to provide a monthly allotment of with the timely provision of telecommuni- to support it. . . .We would be willing to pro- free telephone calling time to members of cations benefits under this Act, the Sec- vide satellite services free to support your the United States armed forces stationed retary should carry out this section and sec- initiative. outside the United States who are directly tion 4 in a manner that allows for competi- The only intended beneficiaries of supporting military operations in Iraq or tion in the provision of such benefits. this bill are the troops serving this Afghanistan) SEC. 6. NO COMPROMISE OF MILITARY MISSION. country. It is not intended to benefit The Secretary of Defense shall not take Strike out all after the enacting clause and any particular provider. Thus the bill insert the following: any action under this Act that would com- promise the military objectives or mission of urges the Secretary to implement the SECTION 1. SHORT TITLE. bill in a manner that is consistent with This Act may be cited as the ‘‘Troops the Department of Defense. Phone Home Free Act of 2003’’. Mr. MCCAIN. Just to be clear, at the the timely provision of the benefits but also in a manner that allows for com- SEC. 2. PURPOSE. expiration or yielding back of time, the It is the purpose of this Act to support the amendment is adopted, and the bill, as petition in the provision of such bene- morale of the brave men and women of the amended, will be read a third time and fits. United States armed services stationed out- passed, without intervening action or All of us are aware of the importance side the United States who are directly sup- debate? of communicating with one’s family porting military operations in Iraq or Af- The PRESIDING OFFICER. That is and friends, particularly when you are ghanistan (as determined by the Secretary of correct. in a time of crisis and combat. This is Defense) by giving them the ability to place Mr. MCCAIN. I thank the Chair. a modest attempt to try and help these calls to their loved ones without expense to This legislation, introduced on behalf men and women who are serving. Some them. of Senators ALLEN, CHAMBLISS, of them have already been there for a SEC. 3. FINDINGS. LINDSEY GRAHAM, CRAIG, MILLER, and very long time. The USS Abraham Lin- The Congress finds the following: (1) The armed services of the United States others, would improve the ability of coln has been at sea in the area for are the finest in the world. American service personnel fighting more than 300 days. Communications (2) The members of the armed services are overseas to communicate with their with their loved ones at home is obvi- bravely placing their lives in danger to pro- loved ones at home. It provides a ously a very important aspect of pre- tect the security of the people of the United monthly allotment of free telephone serving family and also communicating States and to advance the cause of freedom calling time to members of the Armed with friends as well. Modern tech- in Iraq. Forces outside of the United States nology enables our service personnel to (3) Their families and loved ones are mak- who are directly supporting or involved communicate with their loved ones by ing sacrifices at home in support of the members of the armed services abroad. in military operations in Iraq or Af- phone, and these real-time discussions (4) Telephone contact with family and ghanistan for such period of time as can provide significant emotional and friends provides significant emotional and the conflict continues in both areas. psychological support to both the sol- psychological support to them and helps to I have discussed this issue with the dier and the family. sustain and improve morale. Department of Defense and at this time Unfortunately, for some the cost of SEC. 4. DEPARTMENT OF DEFENSE TELE- they have not gotten back to me. I placing these calls can be prohibitively COMMUNICATIONS BENEFIT. spoke to the Deputy Secretary of De- expensive. On March 18, 2003, USA (a) IN GENERAL.—As soon as possible after fense. She supports the idea. There Today reported on the high cost of the date of enactment of this Act, the Sec- may be some changes proposed by the telephone calls from bases in Kuwait: retary of Defense shall provide, wherever Department of Defense, but I am con- practicable, prepaid phone cards, or an It cost one soldier $35 to make two quick equivalent telecommunications benefit fident of their support. phone calls home to his wife. which includes access to telephone service, This legislation would direct the Sec- Likewise, my office was recently told to members of the armed forces stationed retary of Defense to provide these the story of a Marine corporal who outside the United States who are directly troops with the financial ability to call didn’t have enough money to call his supporting military operations in Iraq or Af- home by providing a prepaid calling son in the States on his birthday. ghanistan (as determined by the Secretary) card or equivalent telecommunications Last Friday, I asked the country’s to enable them to make telephone calls to benefit up to $40 every month. The bill telephone companies to commit to en- family and friends in the United States with- would also direct the Secretary to out cost to the member. sure that families of service personnel work with telecommunications pro- (b) MONTHLY AMOUNT.—The value of the don’t have their telephone lines discon- benefit provided by subsection (a) shall not viders to facilitate the deployment of nected due to a short-term inability to exceed $40 per month per person. additional telephones for use by our pay the costs incurred for calls from (c) END OF PROGRAM.—The program estab- troops. Our military mission must re- troops overseas. I also asked for a com- lished by subsection (a) shall terminate on main a priority of the Department of mitment to implement special reduced the date that is 60 days after the date on Defense. Therefore, the bill makes rates where feasible for telephone calls which the Secretary determines that Oper- clear that the Secretary shall not take with members of the Armed Forces ation Iraqi Freedom has ended. any action to implement the bill that (d) FUNDING. overseas. would compromise our overall military (1) USE OF EXISTING RESOURCES.—In car- Madam President, the response has rying out this section, the Secretary shall objectives. Moreover, the bill gives the been overwhelming. From the smallest maximize the use of existing Department of Secretary complete discretion on how companies serving a few hundred cus- Defense telecommunications programs and best to implement it. If it is simply im- tomers to the largest of companies, capabilities, private support organizations, practical to provide the benefit to cer- around 60 companies have agreed to private entities offering free or reduced-cost tain soldiers, then the Secretary may make these commitments. I wish to services, and programs to enhance morale refrain, obviously, from providing it. If quote from a few of these letters and I and welfare. the cost of providing the service to one (2) USE OF APPROPRIATED FUNDS.—In addi- will have many printed in the RECORD tion to resources described in paragraph (1) branch of the military or the other is at the appropriate time. Some of them and notwithstanding any limitation on the more costly, then the Secretary can de- are extremely touching, believe it or expenditure or obligation of appropriated termine the most equitable method of not. amounts, the Secretary may use available distributing the benefit. One that especially got my attention funds appropriated to or for the use of the The bill also directs the Secretary to was from the Andrew Telephone Com- Department of Defense that are not other- maximize the use of all resources to pany in Andrew, IA. They will not dis- wise obligated or expended to carry out this fulfill the goals of the act and, thus, he connect service from servicemen’s fam- section. may use existing programs, private SEC. 5. DEPLOYMENT OF ADDITIONAL TELE- ilies for the duration of the war. They support programs, or offers from pri- write: PHONE EQUIPMENT. vate entities to make telephone service The Secretary of Defense shall work with We don’t offer long distance, but we will telecommunications providers to facilitate available to our troops. For example, I assist subscribers to find the best rates pos- the deployment of additional telephones for received a generous offer today from sible. Andrew is a community of 450 and we use in calling the United States under this Joseph Wright, CEO of PanAmSat Cor- have 19 young men and women serving at Act as quickly as practicable, consistent poration. In his letter he said: this time. Yours, Mil Cornelius, President.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.035 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4617 Remarkable. Andrew, IA, a commu- sample of responses I received from rangements designed to meet the needs of nity of 450 and they have 19 young men telephone companies, large and small, the military members and their families. and women serving at this time. That throughout the country, and a list of MCI is also examining the possibility of special discounts to make it easier for our is a very wonderful commitment. all of the companies that have re- service personnel to communicate with their We have commitments from small sponded to my request. loved ones. companies from Andrew Telephone There being no objection, the mate- MCI is proud to support our troops. Company to Quest, Southern Bell, SBC, rial was ordered to be printed in the Sincerely, Verizon, AT&T, MCI, Sprint. All the RECORD, as follows: WAYNE B. HUYARD. major corporations in America have From: Mil Cornelius [[email protected]] AT&T, also made these commitments. I am Sent: Monday, March 24, 2003 7:06 p.m. Morristown, NJ, March 24, 2003. To: Bailey, Bill (Commerce) extremely grateful to them. More im- Hon. JOHN MCCAIN, portantly, I am sure the service men Subject: McCain Request U.S. Senate, Russell Senate Office Building, and women and their families all over Andrew Telephone Company, Andrew, IA Washington, DC. will not disconnect service from Service- America are grateful as well. DEAR SENATOR MCCAIN: Like all Ameri- men’s families for the duration of the war. cans, AT&T strongly supports the efforts our Just a couple more: William P. We do not offer long distance, but will assist Heaston, vice president of PrairieWave Armed Services personnel undertake on our subscribers to find the best rates possible. nation’s behalf in times of peace and in Communications in Sioux Falls, SD, Andrew is a community of 450, and we have times of war. That support has evolved into wrote: 19 young men and women serving at this a long tradition at AT&T of close coopera- I am a retired Army officer, who served in time. tion with the United States government to Vietnam and other remote areas. I can as- Yours, provide the men and women who serve in our sure you that PrairieWave fully appreciates MILT CORNELIUS, military the best telecommunications serv- the benefit to morale and military service President. ices in the world. As I write this letter, that the ability to communicate with loved AT&T is providing service to sailors, ma- ones brings. From: Ronald Laudner Jr. rines, soldiers, and airmen on virtually every William E. Morrow, CEO of Grande [[email protected]] major U.S. military base worldwide and on Sent: Monday, March 24, 2003 11:48 a.m. every Navy ship at sea. Communications in San Marcos, TX, To: Bailey, Bill (Commerce) That tradition continues as AT&T now writes: Subject: Senator McCain’s Request steps up to the challenge of providing com- We are proud of our troops and know their MR. BAILEY: Omni Tel Communications munications services to our nation’s troops families are in need of our support during will do our best to determine who each of the deployed in the conflict with Iraq. As part of these difficult times. This is the least we can families are that have given of themselves to that effort, earlier this week AT&T an- do in light of their great sacrifice for our defend our country. If we can garner the in- nounced that it would donate 160,000 prepaid country. formation on which families are affected, phone cards worth $3 million to the USO for and I might add that with the number of use by U.S. troops fighting the war with All of them make statements along Iraq. This continues AT&T’s tradition of do- those lines. communities we serve and the geographical proximity to several different companies of nating service dating back to Operation OmniTel Communications: the armed forces this will be a large task, we Desert Storm as well as the Balkan conflict. Today, from United States military bases We will also be providing cash credits as a will concur with the request made by Sen- in Kuwait, service men and women can call donation on the billing, which have yet to be ator McCain. home in a number of convenient and cost-ef- determined, of these families later this year We also will be providing cash credits as a fective ways, including through the use of to help defray other costs they may have in- donation on the billing, which have yet to be prepaid cards, standard calling cards, com- curred. determined, of these families later this year mercial credit cards, and collect calling. OmniTel Communications supports our to help defray other costs they may have in- Armed Forces in its critical action and wish Special military prepaid card rates, for in- curred. stance, allow military personnel to call the the very best to all Americans who have to Omni Tel Communications supports our make very serious decisions for the future of United States for 22 cents to 30 cents per armed forces in this critical action and wish minute with no surcharge per call. In addi- our great country. the very best to all Americans who have to tion, our special Global Military Saver Plus Ronald Laudner, CEO, OmniTel Commu- make very serious decisions for the future of nications, Nora Springs, IA. card, which has been heavily promoted to our great country. military personnel, is available at $0.50 per I appreciate the overwhelming re- Sincerely, minute with no per-call surcharge and a sponse from the major corporations RONALD LAUDNER, monthly fee of only $1 for each month in and the smallest telephone companies CEO, Omni Tel Communications, which it is used. On a promotional basis, Nora Springs, IA. in America. Obviously, as I said, the AT&T has also lowered the cost of calling from military bases in Kuwait to the United men and women who are serving in From: Abbott Jr., Herschel L. harm’s way as we speak will also be States using standard calling cards, commer- Sent: Monday, March 24, 2003 6:10 p.m. cial credit cards, and collect calling to 50 grateful. To: Bailey, Bill (Commerce) cents per minute with a maximum per call I also want to state the obvious to BellSouth is continuing to study the feasi- surcharge of $1.50 and, in some cases, no sur- the men and women serving in the bility of implementing customer specific charge at all. Ship-to-shore calling is also most dire and dangerous situations and pricing plans to provide discounts for fami- available aboard Navy ships at rates of be- cannot make a phone call now. They lies to communicate with members of the tween $1 and $3 per minute, reflecting unique military serving overseas. We will provide an will be rotated out and they will be in cost and capacity issues. update on the status of these efforts as soon The retail rates for the military prepaid places where they will be able to do so, as possible. and those are the ones who I am sure cards and ship-to-shore service are set by the I hope this responds to Senator McCain’s Army Air Force Exchange Service (AAFES) their families will want to hear from inquiry. and Navy Exchange Command (NEXCOM) urgently. Kindest regards, based on rates set by AT&T in contracts I thank my colleagues for this bill. It HERSCHEL L. ABBOTT, Jr. with both AAFES and NEXCOM. Absent will go to the other body. We will have, some unforeseen and extraordinary request I think, a brief period of time for the MCI, from AAFES or NEXCOM that would materi- Department of Defense to make what- Ashburn, VA, March 25, 2003. ally increase our infrastructure costs, AT&T Hon. JOHN MCCAIN, ever input they would like to have in will not increase the underlying contractual Chairman, Committee on Commerce, Science and rates for these services to AAFES and this legislation. I hope we can pass it Transportation, Russell Senate Office NEXCOM for the remainder of the year and as quickly as possible and send it to Building, Washington DC. through 2004. This commitment applies for the President. I thank my friend, Sen- DEAR CHAIRMAN MCCAIN: MCI shares your calling from American military bases in the ator ALLEN, and I thank especially desire to support our military personnel and region, including Afghanistan and Pakistan, Senator CHAMBLISS, who is chairman of their families during these difficult times. and from Navy ships engaged in this action. our Personnel Subcommittee, who has We also understand how important commu- Additionally, for the duration of large scale been very much involved in this issue nications are to our service men and women armed hostilities in Iraq and for a period of and their families. On March 21, 2003, MCI re- 3 months thereafter, AT&T will not increase as well. instated its military personnel collections its special promotional rates for calling from I reserve the remainder of my time. policy that was last used during the Afghani- military bases in Kuwait using standard call- I ask unanimous consent to have stan deployment. This policy allows MCI to ing cards, commercial credit cards, and col- printed in the RECORD a representative negotiate very liberal deferred payment ar- lect calling.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.051 S01PT1 S4618 CONGRESSIONAL RECORD — SENATE April 1, 2003 AT&T is also working with AAFES to de- NW Iowa Telephone Co. He talked a bit later with his wife termine service requirements going forward OmniTel Communications and he told her that he had decided not as events play out in the region, especially One Eighty to reenlist because he wanted to be Iraq. Of course, we do not provide service to PacWest home more with his two children, U.S. military personnel in Iraq today, and do Pae Tec Mariah, almost 7, and Jack, almost 2. not know the full circumstances under which Peace Valley Telephone Company we may be called to do so. Whatever the cir- Pigeon Telephone Co. His wife Deborah is pregnant with their cumstances, however, we will, working with Qwest third child, a son, to be named William. AAFES, use our best efforts to provide the Prairie Wave Mrs. May, the mother, said her daugh- men and women who serve in our military in Ritter Communications Holdings, Inc. ter-in-law was treated twice in the last Iraq with the lowest reasonable calling rates Rothsay Telephone Co. few days for premature labor. The baby possible. SBC is due in mid-May. AT&T is committed to bringing calling Sprint Brenda May’s last communication services to our troops as quickly as possible Supra Telecom with her son arrived a week ago. It was in Iraq and elsewhere around the world. As Talk America, Inc. a letter dated March 3. the number of U.S. troops has grown in the TDS Metrocom So when you think of this story of Persian Gulf region, AT&T teams have The Rainier Group this brave, courageous hero, who made worked around the clock to meet the com- TXU Communications munications needs of those troops. That USLEC Communications the ultimate sacrifice for our country, work is ahead of schedule, and likely to be VeriSign for our safety, for our freedom, for our expanded under the direction of the U.S. Verizon security, and to liberate the people of military, which determines equipment de- Walnut Telephone Company Iraq, what a gift he has given to this ployment plans. As those deployment plans Wilson Telephone Co. country—his life, his future, to be hold- are finalized, we will do all we can to bring Xspedius Communications. ing his baby boy William, to be with service on line with the reliability and qual- The PRESIDING OFFICER. The Sen- his children as they grow up. That is ity that consumers rightfully have come to ator from Virginia is recognized. the greatest gift he could give to this expect from AT&T. Mr. ALLEN. Madam President, first, country, and I surely hope the people Senator, AT&T is honored to be able to help and support our U.S. troops during the I very much commend Senator MCCAIN of Iraq, when liberated, will also get conflict in Iraq. As President of AT&T Con- for his leadership in introducing this down on their knees and thank God for sumer Services, the unit of AT&T respon- very important, thoughtful, and con- people of this man’s courage. sible for providing personal communications siderate measure, S. 718. I am proud to When you listen to the story of him services to military service personnel around be a cosponsor of it with him, Senator last talking on the telephone to his the world, I can assure you that, in keeping CHAMBLISS, and others. mother and wife in January, the last with its finest traditions, AT&T remains The purpose of this bill is to support communication in a letter dated March dedicated to connecting our troops with the the morale of the brave men and 3, the reality is that was his last com- people they love back home. women of the U.S. armed services who munication. Best regards, are stationed outside the United I know that you, Madam President, JOHN POLUMBO, President and CEO. States, directly supporting military and all Americans can readily under- operations in Afghanistan or Iraq, by stand how this measure would have had TELEPHONE COMPANIES THAT RESPONDED TO giving them the ability to call their an impact. If he could get to a tele- MCCAIN LETTER loved ones without an expense to them. phone to actually have his mother, to Alenco Communications, Inc. When you look at the findings, they have his wife, hear his voice and have All West Communications all make very good sense, especially him hear their voices, to tell him that American Discount Telecom that they love him, for them to tell him Andrew Telephone Company telephone contact with family and friends how proud they are for what he is AT&T provides significant emotional and psycho- doing. Obviously, they would be asking ATX Communications Inc. logical support to them and helps to sustain him to stay safe. But there would have BellSouth and improve morale. been the ending on that telephone call Bentleyville Communications Corp. As you read the language of the bill, Call America undoubtedly where his mother, his it all makes great sense as a matter of wife, and his children would have said: Cbeyond legislation. To give you an idea how it CC Communications I love you. Choice One might have an impact on real people While this measure looks like $40 a Citizens Telephone Co. and real lives, and also the lives that month and a telephone call, in some Coastal Communications have been lost, I will refer to an article cases that may be the last contact. Cox Communications today in The Washington Post, where a That is why this measure is so impor- Covad young man from Virginia lost his life. tant, and I commend Senator MCCAIN Cox Communications This young man’s name is SGT Donald and all of my colleagues for intro- Cunningham Telephone Company C. May, Jr. His father had fought in Deerfield Farmers Telephone Co. ducing it. I urge my colleagues to pass Vietnam. Young Mr. May joined the it very shortly. DFT Communications Marines as soon as he graduated from EPIK Communications I am also hopeful that later this Eschelon Telecom high school at Meadowbrook High week we can take up S. 721. This is a Farmers Telephone Company School in Chesterfield County, VA. He measure I have introduced with Sen- FairPoint Communications reenlisted and eventually became a ators MCCAIN, CHAMBLISS, GRAHAM OF Focal Communications tank commander. His father received South Carolina, WARNER, BURNS, MIL- GCI two Purple Hearts as a tank com- LER, and STEVENS to expand the com- Grande Communications mander in Vietnam. Unfortunately, his bat zone exclusions and to provide tax Green Hill Telephone Companies father died in a boating accident while exclusions to personnel serving in Cuba Hamilton Telecommunication fishing a few years back. and the Horn of Africa in support of Home Telephone Co. At any rate, SGT May moved and InterBel Telephone Operation Enduring Freedom. Iowa Telecom bounced around for several years. He This legislation will help expand the ITC DeltaCom, Inc. went to North Carolina, where he met combat zone tax exclusion to include Jefferson Telephone Co. his wife Deborah, and eventually they the period in transit to qualified com- Jordan-Soldier Telephone Co. went off to California where he was bat zones and to provide full income KMC Telecom stationed. He left in January for the tax exclusion to other personnel. The LecStar Telecom Inc. Middle East, and it was then, in Janu- pay for these personnel would not be, Le-Ru Telephone Company ary, that his mother last talked to him with the passage of this bill, subject to MCI on the phone. As his mother recalled in Monroe Telephone Federal or State taxes for any month New Edge Network, Inc. this article, he said, ‘‘Mom, this is in which they serve in one of these New Edge Networks what I have trained for all my life. areas. The legislation also provides tax Nii Communications This is what I am meant to do. I am breaks for individuals serving in Oper- Nortex Communications Co. ready.’’ ation Enduring Freedom, the global

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.042 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4619 war on terrorism, in Guantanamo Bay, This is an important measure not allow for an added benefit of $50 per Cuba, and the Horn of Africa. If this only for the morale of our brave men month for junior officers, $100 a month measure were to pass, the pay for these and women who are overseas fighting for mid-level officers, and $150 a month personnel would not be subject to Fed- in a war but also to their families and for Guard and Reserve senior officers eral or State taxes for any month in loved ones who are sacrificing dearly who serve as commanders. This pay which they serve in one of these areas. for their country. will apply whether they are full-time As a matter of past precedent, in There is nobody in this great body wing commanders of a Reserve compo- 1995, Congress passed legislation desig- that we serve in who has a greater ap- nent airlift wing or whether they are nating Bosnia-Herzegovina, Croatia, preciation for a soldier to have the serving as a commander in an inactive and Macedonia as comprising qualified ability to pick up the phone and call duty training capacity. The purpose of hazardous duty areas. Military per- his or her family than Senator MCCAIN. this bill is to create further equity be- sonnel serving there on peacekeeping I admire and respect him for his service tween our active and Reserve compo- duties are eligible for the same tax ex- to our country, and I am very pleased nents. The amount of money involved clusion as personnel serving in combat to be in support of his bill to make sure is relatively small, but this measure zones. that every member of our Armed serves as a powerful symbol that we I also point out that officers do not Forces serving in Iraq today, in Endur- value the contribution and sacrifice of receive a full income tax exclusion. ing Freedom in Afghanistan, has the our citizen soldiers stationed around Any income above the level of the opportunity to communicate with their the world serving the United States of highest enlisted rank is subject to Fed- families. America and the cause of freedom. eral and State taxes. This makes abso- We think of our brave men and There is one special story about lutely no sense to me whatsoever, and women and the great job they are which I would like to speak very brief- I know that Senator CHAMBLISS has an- doing—which they are and I am so ly. It is a story on the front page of vir- other measure that will provide parity proud of all of them—but we have to tually every major newspaper in Amer- between officers serving in the Guard also remember they have families back ica this morning. It is a story about and Reserve. home. They have friends and loved ones CPT Chris Carter in the United States The other point of this matter is that here who are making just as big a sac- Army, a young captain from the pay of personnel in transit to a rifice as they are making by serving Watkinsville, GA, of whom I am so ex- combat zone is subject to income taxes our country. I think it is only right tremely proud, a story about Captain until they actually cross into the com- and fair that we give them as many Carter who risked his life on a bridge bat zone area. benefits as we possibly can, and this is over the Euphrates River, which was What we are seeing is some of the simply one more way of saying we ap- under siege, a bridge which they were ships are steaming at full speed when preciate the great work they are doing. seeking to have explosives removed otherwise not necessary in an effort to I also rise in support of S. 721, which from so we could take that bridge to give personnel as much tax-excluded is Senator ALLEN’s bill to extend the make sure our troops ultimately got income as possible. My view is that as combat zone where our men and women safely across the bridge. It is a story of soon as those battleship groups leave are serving. Again, from a Guard and CPT Chris Carter who, during the the ports, whether it is Wilmington, Reserve standpoint, we are calling up midst of a firefight, saw some innocent Norfolk, or San Diego, that is when the these men and women on a much more civilians, Iraqi civilians, crossing that combat zone exclusion ought to apply. regular basis today than ever before, bridge, coming over to the side he and I think this is a commonsense, equi- and it is extremely important that we his troops were on. He saw innocent ci- table matter. I think we should not be show support for all of our men and vilians being caught in that firefight having our families back home worried women serving in combat, active duty, and one man being killed and a woman, about paying taxes when their brave Guard, and Reserve. This provides an Iraqi woman, bleeding and pleading loved one—whether that may be their some equity in the payment to all of for help. Captain Carter got off of his husband, wife, son, daughter, mother those men and women who are serving vehicle, rushed to the bridge, behind or father—is leaving home. They in combat in any part of the world to his vehicle so that he could have some should not be having to worry about which they are called. So I do rise in cover, until he got behind an iron post paying taxes when they are serving, strong support of Senator ALLEN’s bill. on that bridge. After he got behind the whether they are Reserves, Guard, or I also rise to introduce legislation, iron post on that bridge and under active military, in these areas sup- along with my colleagues Senator fierce fire coming from the other side, porting this operation for our security MCCAIN, Senator GRAHAM of South he risked his own life to go to that and also to liberate Iraq. Carolina as well as Senator ALLEN, Iraqi woman and to pull her to safety I urge my colleagues to pass S. 718, that I believe will be a positive step in and secure medication for her and ulti- the Troops Phone Home Free Act of assisting commanders in the Reserve mately have her transported to a med- 2003. It is the proper and compassionate and the National Guard. The men and ical facility where she is being treated. thing to do. It also expresses our grati- women who serve our country in the I am so proud of every one of our men tude and appreciation not just to the Reserve and National Guard make up a and women who are fighting in Oper- troops but the loved ones home who critical component of an All-Volunteer ation Iraqi Freedom today. But it is need to have that reassurance and the Force and have chosen to put their men and women like Chris Carter of pleasure of hearing their loved one’s lives on the line for the freedom of whom I am especially proud. He is not voice. their families and their country, and just a great Georgian, he is a great The PRESIDING OFFICER (Mr. we thank them. We continue to be on American and a great member of the CHAFEE). The Senator from Georgia. our knees in prayer for their continued United States Army. Mr. CHAMBLISS. Mr. President, I safety and for their families as they I had a great conversation with his rise today in support of the Troops serve around the world. The legislation father this morning. His father obvi- Phone Home Free Act introduced by I bring to the floor today represents a ously is extremely proud of him. He is my colleague from Arizona, Senator small step in recognizing the sacrifices one of those young men who will be MCCAIN. This legislation would allow that specifically the commanding offi- able to take advantage of these bene- troops who are on the front lines in Op- cers in the Reserve and the National fits we have been talking about here eration Iraqi Freedom and Enduring Guard are making as we speak. This today, Senator MCCAIN, Senator Freedom to place phone calls to their initiative will provide a well-deserved ALLEN, and myself. He is one of the loved ones without cost to them or benefit to at least 500 reservists and young men who will be able to take their families. It would provide prepaid 1,500 National Guardsmen. Currently, that phone card under Senator phone cards for the soldiers and pro- National Guard and Reserve com- MCCAIN’s bill and call home to his fam- vide more phones in the Middle East manders are not entitled to command ily to tell them exactly what did hap- and in Afghanistan so our troops can responsibility pay, even though they pen and let them have an opportunity have more flexibility to communicate serve in a similar capacity to their ac- to tell him how very proud of him they with their families. tive duty counterparts. This bill will are.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.053 S01PT1 S4620 CONGRESSIONAL RECORD — SENATE April 1, 2003 Again, I commend Senator MCCAIN. I even today to Iraqi prisoners of war is while at the same time providing their appreciate very much the strong sup- testament to the strength of character loved one with the support they need port of Senator ALLEN and Senator that is the core of our military values. to do their jobs. GRAHAM as we introduce these meas- In many cases, we ask our own troops Truly, what these families do is he- ures to try to make life a little more to take additional risks in order to roic. Passage of this legislation will pleasant for our troops as they are sep- avoid injuring or killing innocent civil- send a clear and strong message to arated from their families, and also to ians. That they do this without ques- them that this Congress and this Na- make sure their families have the op- tion or regret speaks well not only of tion is grateful for their sacrifice. portunity to communicate with them, our military but of our Nation. Again, it is my hope we will pass this and have the financial resources to When the Commander in Chief sends legislation by unanimous consent later continue to provide for their families our troops into harm’s way, we hope this evening. In the meantime, my while they are serving in combat areas and pray each and every one of them thoughts are with our troops as they so that they can concentrate on doing will come back home unharmed. While fight in the battles in Iraq, in Afghani- the job they are sent to do and know we know this will not be possible, that stan, in the war against terrorism, and that their families are being well taken knowledge does not lessen our shock I pray they will soon return home in care of, and know they are going to and our sadness when we learn of the victory. have the ability to communicate by loss of lives. Mr. President, I yield the floor and I telephone with their families on a reg- My State of Maine has experienced suggest the absence of a quorum. ular basis. two such losses since the war began. The PRESIDING OFFICER. The I yield the floor. Last Saturday, I attended a memorial clerk will call the roll. The PRESIDING OFFICER. Who mass in Windsor, ME, in honor of the The assistant legislative clerk pro- yields time? life and sacrifice of CPT Jay Aubin. ceeded to call the roll. Mr. MCCAIN. Mr. President, I yield CPT Jay Aubin and CPL Brian Ken- Mr. MCCAIN. Mr. President, I ask such time as she may consume to the nedy, both proud members of the unanimous consent the order for the Senator from Maine. United States Marine Corps, perished quorum call be rescinded. Ms. COLLINS. Mr. President, I com- in a helicopter crash in the Kuwaiti The PRESIDING OFFICER. Without mend the Senator from Arizona for his desert in the very first few days of the objection, it is so ordered. initiative. conflict. I met with the parents of both Mr. MCCAIN. Mr. President, I ask I ask unanimous consent I be added these brave marines, both of whom unanimous consent that all time be as a cosponsor of his legislation, the were present at this memorial mass yielded back and we move to consider- Troops Phone Home Free Act. I think last Saturday. Hundreds of Mainers ation of the legislation, S. 718. The PRESIDING OFFICER. Without it is a wonderful initiative. gathered to pay tribute to the sacrifice objection, all time is yielded back. The PRESIDING OFFICER. Without of these brave marines and their fami- The question is on the engrossment objection, it is so ordered. lies. and third reading of the bill. Ms. COLLINS. I also commend the As I stand on the floor of the Senate, The bill was ordered to be engrossed Senator from Georgia, who heads the I once again want to assure their fami- for a third reading, was read the third Personnel Subcommittee on the Armed lies we honor and recognize their serv- time and passed, as follows: Services Committee, with whom I am ice and their sacrifice. When we send a S. 718 very privileged to serve. He brings young man or woman into harm’s way, great leadership to the effort. I am our Nation has in return a sacred obli- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in proud to be a member of his sub- gation to them and to their families. Congress assembled, committee. We must ensure they go forth with the SECTION 1. SHORT TITLE. DEATH GRATUITY utter and complete confidence, should This Act may be cited as the ‘‘Troops Later tonight I am hopeful the Sen- the worst happen, should they be called Phone Home Free Act of 2003’’. ate will consider legislation, S. 704, upon to make the ultimate sacrifice, SEC. 2. PURPOSE. which I introduced last week with my that their country will care for their It is the purpose of this Act to support the colleagues on the Armed Services Com- families and honor their service. The morale of the brave men and women of the mittee, the chairman, Senator JOHN death gratuity is a small token, but it United States armed services stationed out- side the United States who are directly sup- WARNER, and my colleague, Senator assists the grieving families with their porting military operations in Iraq or Af- JOHN MCCAIN. I recognize the contribu- immediate financial needs. There are a ghanistan (as determined by the Secretary of tions and cosponsorship of Senators variety of other programs that provide Defense) by giving them the ability to place BEN NELSON and GEORGE ALLEN. The for longer term support, but in the ini- calls to their loved ones without expense to legislation we have introduced will tial hours and days after a family has them. send an important message to our endured such a terrible loss, these SEC. 3. FINDINGS. troops who are engaged in combat, funds help to alleviate monetary con- The Congress finds the following: even as we speak, that our Nation is so cerns. This benefit is commonly pro- (1) The armed services of the United States grateful for their service. vided within 72 hours to the family of are the finest in the world. Our bill would raise the amount paid (2) The members of the armed services are the service member who is killed while bravely placing their lives in danger to pro- to the families of military personnel on active duty. tect the security of the people of the United killed while on active duty. It would The last time the death gratuity was States and to advance the cause of freedom increase it from $6,000 to $12,000. This raised was in 1991 during the period of in Iraq. payment, which is known as the death the gulf war when it was doubled from (3) Their families and loved ones are mak- gratuity, would be paid retroactive to $3,000 to $6,000. With more than a dec- ing sacrifices at home in support of the September 11, 2001, so that the troops ade having passed, it is time for Con- members of the armed services abroad. who have been killed in the battle gress to move forward and increase this (4) Telephone contact with family and against terrorism would also be eligi- sum in recognition of those who are friends provides significant emotional and psychological support to them and helps to ble for this doubled benefit. today fighting in Operation Iraqi Free- sustain and improve morale. As are all of my colleagues, I am very dom and in the war against terrorism. SEC. 4. DEPARTMENT OF DEFENSE TELE- saddened by the loss of American life It is the least we can do to honor their COMMUNICATIONS BENEFIT. in Operation Iraqi Freedom. The young sacrifice. I offer this legislation in trib- (a) IN GENERAL.—As soon as possible after men and women of our military rep- ute to the families of those whose loved the date of enactment of this Act, the Sec- resent the very best our Nation has to ones are today engaged in combat in retary of Defense shall provide, wherever offer. They do not join the military for the Persian Gulf. Too often we forget practicable, prepaid phone cards, or an monetary gain nor to have a com- the sacrifices they make so that their equivalent telecommunications benefit which includes access to telephone service, fortable lifestyle. They serve our Na- loved one, their husband, wife, father, to members of the armed forces stationed tion out of a sense of patriotism that mother, brother, or sister, can serve outside the United States who are directly should make each and every American our Nation. They are asked to accept supporting military operations in Iraq or Af- proud. The mercy they are showing long deployments and frequent moves ghanistan (as determined by the Secretary)

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.055 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4621 to enable them to make telephone calls to This word implies a certain degree of These men and women embody every- family and friends in the United States with- objectivity and balance which this man thing that is great about America and out cost to the member. knows absolutely nothing about. freedom. They come from small towns (b) MONTHLY AMOUNT.—The value of the ‘‘Traitor’’ is a better word to describe and big cities. They come from families benefit provided by subsection (a) shall not exceed $40 per month per person. Mr. Arnett. both rich and poor. They come from all This past weekend Mr. Arnett ap- (c) END OF PROGRAM.—The program estab- religions and races. The one thing all lished by subsection (a) shall terminate on peared on state-controlled Iraqi tele- these Americans have in common is the date that is 60 days after the date on vision. With a uniformed Iraqi anchor their love for America and freedom. which the Secretary determines that Oper- translating, Mr. Arnett told the Iraqi They love this Nation and cherish its ation Iraqi Freedom has ended. people that the American war plan had very idea so much that they are willing (d) FUNDING.— failed due to their continued resistance to sacrifice their own lives to ensure (1) USE OF EXISTING RESOURCES.—In car- and that coalition forces were in the that we can live in a country free of rying out this section, the Secretary shall process of drafting new battle plans. To government tyranny like that under maximize the use of existing Department of quote Arnett: Defense telecommunications programs and which those in Iraq have lived. capabilities, private support organizations, Clearly, the American war plans misjudged This war has lasted almost 13 days. private entities offering free or reduced-cost the determination of the Iraqi forces. Thus far we have lost about 50 U.S. sol- services, and programs to enhance morale Saddam Hussein couldn’t have writ- diers and have 17 missing in action. and welfare. ten his script any better. As I stand here today, our coalition (2) USE OF APPROPRIATED FUNDS.—In addi- Clearly, Mr. Arnett has no idea what forces are surrounding Baghdad and tion to resources described in paragraph (1) he is talking about. This is the same will bring about the demise of Saddam and notwithstanding any limitation on the man who reported in 1991 during the Hussein and his regime. We will help expenditure or obligation of appropriated first gulf war that the United States liberate the Iraqi people from deceit amounts, the Secretary may use available had blown up a baby milk factory. funds appropriated to or for the use of the and hopelessness and tyranny. Department of Defense that are not other- Military sources confirmed that this Mr. Arnett, you need to retire or wise obligated or expended to carry out this target was in fact hit. The fact that think about a second career as a fiction section. Mr. Arnett conveniently left out was writer. I understand you are looking SEC. 5. DEPLOYMENT OF ADDITIONAL TELE- that this ‘‘baby milk factory’’ was ac- for work and that the socialist, anti- PHONE EQUIPMENT. tually a biological weapons plant. American Daily Mirror in the United The Secretary of Defense shall work with I will never understand how and why Kingdom has already picked you up. telecommunications providers to facilitate Mr. Arnett always thinks he knows so To those news organizations that the deployment of additional telephones for much more than our military and in- have already picked up Mr. Arnett, and use in calling the United States under this telligence officials. I am pretty sure Act as quickly as practicable, consistent others that may hire him, I have two our military leaders on the ground and things to say: One, you have every with the availability of resources. Consistent civilian leaders in the Pentagon, who with the timely provision of telecommuni- right to hire him. Two, we have every cations benefits under this Act, the Sec- are briefed around the clock, know a right to call your news organization a retary should carry out this section and sec- whole heck of a lot more than Mr. joke and a sympathizer to traitors. tion 4 in a manner that allows for competi- Arnett. I hope Mr. Arnett is not get- I believe it is about time we made an tion in the provision of such benefits. ting his info from the same source who example of Mr. Arnett’s lies and deceit SEC. 6. NO COMPROMISE OF MILITARY MISSION. told him that U.S. forces used the and let the media know we are watch- The Secretary of Defense shall not take nerve agent—sarin gas—against vil- ing. any action under this Act that would com- lagers in Laos during the Vietnam war. While we are giving the media top ac- promise the military objectives or mission of This story, reported in 1998 by Mr. cess and protection in this war, we the Department of Defense. Arnett, could hold no water and CNN must demand that they not hang out to Mr. MCCAIN. Mr. President, I move rightly fired Arnett for his reckless dry our soldiers and Americans. If they to reconsider the vote and I move to words and actions. Now, 6 years after do so, there should be consequences. lay that motion on the table. that bogus claim, Peter Arnett has Some believe freedom of speech is an The motion to lay on the table was once again found himself in search of absolute right and that journalists agreed to. employment. Mr. MCCAIN. Mr. President, I suggest Both National Geographic Explorer have the right to say and report any- the absence of a quorum. and NBC News have fired Arnett for thing they want. I, and many others, The PRESIDING OFFICER. The this latest stunt by Peter Arnett on do not believe this. I do not believe clerk will call the roll. Iraqi-controlled television. I am trying journalists should be allowed to lie and The assistant legislative clerk pro- to figure out why these entities even opine and aid our enemies in the time ceeded to call the roll. hired him in the first place with his pa- of a war. Mr. TALENT. Mr. President, I ask thetic track record of recent years. There is a line journalists are not unanimous consent that the order for We all firmly believe in the first meant to cross, and Mr. Arnett crossed the quorum call be rescinded. amendment which protects the freedom this line many years ago, and he con- tinues to do so. It is time we held this The PRESIDING OFFICER (Mr. AL- of religion, speech, press and assembly. man accountable for his actions. EXANDER). Without objection, it is so However, no U.S. citizen should be al- ordered. lowed to provide aid, and comfort, f through false information, to the f THE SMALL BUSINESS DROUGHT enemy during wartime. RELIEF ACT OF 2003 MORNING BUSINESS Of course the media doesn’t mention the word ‘‘treason’’ like many of us Mr. KERRY. Mr. President, I rise to Mr. TALENT. Mr. President, I ask have over Mr. Arnett’s comments. That thank my colleagues for voting last unanimous consent that the Senate would be an indictment of one of their night in favor of the Small Business proceed to a period for morning busi- own and a pock on their profession. Drought Relief Act of 2003. Time is of ness. Mr. Arnett can apologize all he likes the essence for disaster victims; small The PRESIDING OFFICER. Without for being a ‘‘useful idiot’’ for Saddam businesses across the country have objection, it is so ordered. and his barbaric regime, but that’s not been waiting 8 months for Congress to f enough for me and it’s certainly not take action and force the Small Busi- enough for our soldiers and many ness Administration to comply with PETER ARNETT, TRAITOR Americans. I think Mr. Arnett should the law and open its disaster loan pro- Mr. BUNNING. Mr. President, I rise be met at the border and arrested gram to them. They are frustrated, and today to comment on and express out- should he come back to America. understandably so. rage over the recent actions and words I dare Mr. Arnett to take a good look You see, the SBA doesn’t treat all of journalist Peter Arnett. In fact, I at our soldiers in uniform and tell drought victims the same. The agency hesitate to even use the term ‘‘jour- them they have failed in this mission only helps those small businesses nalist’’ when referring to Mr. Arnett. and objective. whose income is tied to farming and

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.030 S01PT1 S4622 CONGRESSIONAL RECORD — SENATE April 1, 2003 agriculture. However, farmers and Drought Relief Act (S. 2734) on July 16, 2002, STATE OF NORTH CAROLINA, ranchers are not the only small busi- to make SBA disaster loans available to OFFICE OF THE GOVERNOR, ness owners whose livelihoods are at those small businesses debilitated by pro- Raleigh, NC, July 18, 2002. risk when drought hits their commu- longed drought conditions. This bill was Hon. JOHN EDWARDS, passed by the Senate Small Business Com- U.S. Senate, Dirksen Senate Office Building, nities. The impact can be just as dev- mittee just eight days later. Also, the com- Washington, DC. astating to the owners of rafting busi- panion legislation (H.R. 5197) was introduced DEAR SENATOR EDWARDS: I am writing to nesses, marinas, and bait and tackle by Rep. Jim DeMint (R–S.C.) on July 24, 2002. thank you for your support for legislation shops. Sadly, these small businesses Both bills are gaining bipartisan support, introduced in the Senate to add drought as a cannot get help through the SBA’s dis- and we hope you will cosponsor this impor- condition for which small businesses may aster loan program because of some- tant legislation and push for its rapid enact- apply for Small Business Administration thing taxpayers hate about govern- ment in the 107th Congress. Economic Injury Disaster Loans. The Small Business Drought Relief Act (S. As 11 southern states are presently experi- ment bureaucracy. 2734) will correct the current situation facing encing moderate to exceptional drought con- The SBA denies these businesses ac- our small businesses in North Carolina. SBA ditions this summer, we cannot afford to cess to disaster loans because its law- disaster assistance is not available despite a wait to act. We urge you to cosponsor the yers say drought is not a sudden event historic drought that is impacting not just Small Business Drought Relief Act and push our agriculture sector, but causing real busi- and therefore it is not a disaster by for its consideration as soon as possible. ness and revenue losses, which threaten definition. However, contrary to the Sincerely, some firms with job layoffs or even bank- agency’s position that drought is not a Gov. Don Siegelman of Alabama; Gov. disaster, as of July 16, 2002, the day ruptcy. Mike Huckabee of Arkansas; Gov. Roy These businesses need help, and access to this legislation was introduced last E. Barnes of Georgia; Gov. Paul E. Pat- low-interest SBA loans can offer a lifeline to year, the SBA had in effect drought ton of Kentucky; Gov. M.J. ‘‘Mike’’ allow paying bills and making payrolls until disaster declarations in 36 States. That Foster, Jr. of Louisiana; Gov. Parris N. business returns to normal. number has grown to 48, demonstrating Glendening of Maryland; Gov. Ronnie I urge you to push for rapid action on this that problem has gotten worse and Musgrove of Mississippi; Gov. Bob important enhancement to SBA’s ability to Holden of Missouri; Gov. Michael F. help our people through this time of trouble. even more small businesses are in need. Easley of North Carolina; Gov. Frank With kindest regards, I remain As I have said time and again, the Keating of Oklahoma; Gov. Jim Hodges Very truly yours, SBA has the authority to help all small of South Carolina; Gov. Don Sundquist MICHAEL F. EASLEY. businesses hurt by drought in declared of Tennessee; Gov. Rick Perry of disaster areas, but the agency won’t do Texas; Gov. Mark Warner of Virginia; STATE OF SOUTH CAROLINA, it. For years the agency has been ap- Gov. Bob Wise of West Virginia. OFFICE OF THE GOVERNOR, plying the law unfairly, helping some Columbia, SC, July 9, 2002. and not others, and it is out of compli- OFFICE OF THE GOVERNOR, Hon. JOHN KERRY, ance with the law. The Small Business Carson City, NV, July 23, 2002. U.S. Senate, Russell Building, Washington, DC. DEAR SENATOR KERRY: The State of South Drought Relief Act of 2003 would force Hon. JOHN F. KERRY, Chairman, Committee on Small Business, Rus- Carolina is in its fifth year of drought sta- SBA to comply with existing law, re- sell Building, Washington, DC. tus, the worst in over fifty years. Some parts storing fairness to an unfair system, Hon. CHRISTOPHER BOND, of the state are in extreme drought status and get help to small business drought Ranking Member, Committee on Small Business, and the rest is in severe drought status. victims that need it. Russell Building, Washington, DC. Ninty-nine percent of our streams are flow- I thank the Chair of the Committee ing at less than 10% of their average flow for DEAR SENATORS KERRY AND BOND: Much of this time of year. 60% of those same streams on Small Business and Entrepreneur- Nevada and the Nation have been experi- are running at lowest flow on record for this ship, Senator SNOWE, for all her work encing extreme drought over the past several date. The levels of South Carolina’s lakes to ensure passage of this bill, as well as years. In Nevada we have seen the effects of have dropped anywhere from five feet to our many colleagues who are cospon- this situation through catastrophic range twenty feet. Some lakes have experienced a and forest fires, insect infestations and loss sors—Senators BOND, LANDRIEU, ED- drop in water level so significant that tour- of crops and livestock. WARDS, JOHNSON, BINGAMAN, LEVIN, ist and recreational use has diminished. Prolonged drought causes a drastic reduc- State and national climatologists are not BAUCUS, DASCHLE, HOLLINGS, tion in stream and river flow levels. This can hopeful that we will receive any significant LIEBERMAN, WARNER, CRAPO, HARKIN, cause the level of lakes to drop so signifi- rainfall in the near future. To end our cur- REID, ALLEN, BENNETT, and ENZI. cantly that existing docks and boat ramps rent drought, we would need an extended pe- Mr. President, I ask unanimous con- cannot provided access to boats. In the case riod of average to above average rainfall. sent that letters of support from Gov- of range and forest fires we have seen small Droughts, particularly prolonged ones such ernors who advocated prompt passage innkeepers and hunting and fishing related as we are experiencing now, have extensive of this legislation last year be printed businesses that have their entire season economic effects. For farmers who experi- ence the economic effects of such a drought, in the RECORD. wiped out in a matter of a few hours. There being no objection, the mate- Unfortunately for some small businesses, assistance is available through the USDA. drought assistance is available only for agri- For small businesses, assistance is available rial was ordered to be printed in the only for agriculture related small businesses, RECORD, as follows: culture related small businesses, such as feed and seed stores. For businesses that are i.e. feed and seed stores. For businesses that SOUTHERN GOVERNORS’ ASSOCIATION, based on tourism around lakes and rivers, are based on tourism around Lakes and Riv- Washington, DC, August 19, 2002. there is currently no drought assistance ers, there is currently no assistance avail- Hon. JOHN KERRY, available. able. U.S. Senate, Russell Senate Office Building, We have reports of lake and river tourism The Small Business Administration (SBA) Washington, DC. dependent businesses experiencing 17% to DEAR SENATOR KERRY: We are deeply con- is not currently authorized to help these 80% declines in revenue. The average decline cerned that small businesses in states experi- businesses because a drought is not a sudden in revenue is probably near 50% across the encing drought are being devastated by occurrence. Nonetheless, a drought is an on- board. drought conditions that are expected to con- going natural disaster that causes great My staff has contacted Small Business Ad- tinue through the end of the summer. We damage to these small businesses. ministration and they are not authorized to urge you to support legislation that would I would like to lend my support to S. 2734. offer assistance to these businesses because a allow small businesses to protect themselves The Small Business Drought Relief Act. This drought is not defined as a sudden occur- against the detrimental effects of drought. bill would amend the guidelines and author- rence. Nonetheless, a drought is an ongoing Much like other natural disasters, the ef- ize the SBA to offer assistance to small busi- natural disaster that is causing great eco- fects of drought on local economies can be nesses affected by prolonged drought. With nomic damage to these small business own- crippling. Farmers and farm-related busi- passage of this bill, Governors would be al- ers. nesses can turn in times of drought to the lowed to ask SBA for an administrative dec- I am requesting that you assist us in this U.S. Department of Agriculture. However, larations of economic injury because of situation by proposing that the Small Busi- non-farm small businesses have nowhere to drought. The low interest loans SBA can ness and Entrepreneurship Committee take go, not even the Small Business Administra- offer these businesses would allow many of action to at least temporarily amend the tion (SBA), because their disaster loans are them to weather the drought and remain SBA authorizing language and allow them to not made available for damage due to economically viable for future operation. offer assistance to small businesses affected drought. Sincerely, by prolonged drought. This would allow Gov- To remedy this omission, Sen. John Kerry KENNY C. GUINN, ernors to ask SBA for an administrative dec- (D-Mass.) introduced the Small Business Governor. laration of economic injury because of

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.073 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4623 drought. The low interest loans SBA can nic conflict in the Balkans, to Social national players of the year and a long offer these businesses would allow many of Security reform, Moynihan was pro- list of All-Americans. them to weather the drought and remain in phetic. In one of his last public speech- Following the game, Coach McShane business for the long run. es, at last year’s Harvard Commence- attributed part of the team’s success to My staff has also been in contact with Sen- ator Hollings’ legislative staff. I hope to- ment, Moynihan again offered words the great support the Cadets have from gether, we can find an expedient solution to that carry far more weight today than Norwich and Northfield. ‘‘We’ve got the plight of these small business owners. when he delivered them less than a great support here and that helps a lot. Short of finding a way to control the weath- year ago: You saw the president and the chair- er, this may be our only option to help their Certainly we must not let ourselves be man of the board of trustees out there dire situation. seen as rushing about the world looking for at center ice in the celebration. You Sincerely, arguments. There are now American armed don’t see that at many schools.’’ JIM HODGES. forces in some 40 countries overseas. Some Norwich finished the season with an f would say too many. Nor should we let our- impressive record of 27–3, and many of selves be seen as ignoring allies, disillu- the Cadets’ stars will be returning next LOCAL LAW ENFORCEMENT ACT sioning friends, thinking only of ourselves in OF 2001 the most narrow terms. That is not how we year. And, as surely as the sugar rises each year in the maples, Vermonters Mr. SMITH. Mr. President, I rise survived the 20th century. Nor will it serve in the 21st. next year will be closely following the today to speak about the need for hate Cadets through another great season. crimes legislation. In the last Congress Senator Moynihan’s wit and wisdom will be greatly missed. My thoughts Until next winter, the Cadets have Senator KENNEDY and I introduced the earned the right to bask in the glow of Local Law Enforcement Act, a bill that and prayers go to Liz Moynihan and the Moynihan family. knowing they have accomplished an- would add new categories to current other successful season, bought with hate crimes law, sending a signal that f hard work, skill and determination. violence of any kind is unacceptable in THE NORWICH CADETS f our society. I would like to describe a terrible Mr. LEAHY. Mr. President, recogni- ADDITIONAL STATEMENTS crime that occurred September 19, 2001, tion and congratulations are in order in Fairhaven, MA. An Arab-American for a school and a group of young men family was harassed and assaulted by known throughout Vermont for their OREGON HEALTH CARE HEROES its neighbors. After being followed and honor, integrity and prowess on the ∑ Mr. SMITH. Mr. President, I rise harassed with racial slurs, the Arab- hockey rink. today to salute Chance and Dr. Lisa American father was attacked with a Norwich University, the nation’s old- Steffey as Oregon Health Care Heroes baseball bat. He was treated at a local est private military college, sits in the for their willingness to save a deeply emergency room. The tires on his son’s picturesque town of Northfield, VT. It needed community health clinic in Or- car were slashed, as well. is a quaint college town, and it is a egon’s beautiful, rural community of I believe that Government’s first unique college, hosting a mix of mili- La Pine. duty is to defend its citizens, to defend tary cadets and more traditional col- A hero is someone who sets aside per- them against the harms that come out lege students. sonal interest to act for another per- of hate. The Local Law Enforcement The cadets, as their hockey team is son’s welfare. That is exactly what Dr. Enhancement Act is a symbol that can known, have a reputation for being an Steffey and her husband did when they become substance. I believe that by NCAA Division III hockey powerhouse. purchased the La Pine Community passing this legislation and changing It is cold in Northfield this time of Clinic in Oregon. Because of their cour- current law, we can change hearts and year, but a few weeks ago, Norwich age and willingness to take a risk, an minds as well. University’s Kreitzberg Arena was Oregon community with extremely f warmed by a sellout crowd gathered to limited health care resources will con- watch the Cadets capture their second tinue to have a local place to access DANIEL PATRICK MOYNIHAN NCAA Division III hockey title in just health services. Mr. HAGEL. Mr. President, the pass- four years. Despite warnings that purchasing the ing of Senator Daniel Patrick Moy- The Cadets staged a come-from-be- community health clinic was a signifi- nihan is a loss for all of us. Pat Moy- hind 2–1 win over Oswego State on cant financial risk, the couple forged nihan committed his remarkable life to March 22 to capture the title. After ahead. Without their intervention, the his country: serving four Presidents, trailing 1–0 going into the third period, clinic would have closed, leaving many representing our Nation as Ambassador Norwich was looking at the possibility residents without access to local care. to India and the United Nations, and of being shut out, something that has Many of the clinic’s clients are Med- representing the State of New York as not happened to the program in 278 icaid and Medicare patients who would a Senator. His deep intellect and consecutive games, a streak dating have been forced to travel significant unyielding candor will be missed. back to the 1993–94 season. Junior distances to find care had the Steffeys As a junior colleague, I was struck by defensemen Lou DiMasi, a Vermont na- not seen an opportunity. Senator Moynihan’s generosity with tive, was quoted by the Burlington La Pine has been named a Health his time and graciousness of spirit. I Free Press on the team’s third period Professional Shortage Area where had the privilege of sitting next to Sen- comeback, saying: ‘‘There was no way many residents do not have access to ator Moynihan on the trip to Rhode Is- we were going to let it get away.’’ Jun- care. Low Medicare and Medicaid reim- land for the funeral of our colleague ior defensemen Aaron Lee scored his bursements make it difficult for doc- the late Senator John Chafee. As we thirteenth goal of the season in the tors to serve the area, which is home to traveled, I was out of my depth listen- third period to tie the game, and senior many who rely on these programs for ing to him discuss different styles of team captain Toza Crnilovic notched health coverage. But with the Steffeys’ architecture in between offering en- the game-winning goal for the cham- dedication, and the temporary help of dearing stories about our departed col- pionship. Central Oregon Independent Health league. Norwich coach Mike McShane has Services, the clinic is now financially Of all his gifts, Pat Moynihan’s abil- built a remarkable record over the past stable and serving the families of La ity to recognize great issues before 8 years, winning the Eastern College Pine. they were commonly observed was his Athletic Conference East crown five Many rural Oregon residents face in- greatest. In public policy, he had an times and reaching five ‘‘Frozen credible hurdles accessing health serv- ability to appreciate and make sense of Fours.’’ Since Mike McShane began ices. The shortage of providers willing the larger picture rarely found in a pol- coaching the Cadets, the team has had to serve in rural areas, combined with itician. From the plight of broken fam- five 20-win seasons accompanied by a the particularly low federal reimburse- ilies and inner cities, to the collapse of long list of individual accomplishments ment levels offered to rural providers, the Soviet Union, to the danger of eth- for members of Cadet teams, including has caused an exodus of health services

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.069 S01PT1 S4624 CONGRESSIONAL RECORD — SENATE April 1, 2003 from the country. Add this to the large nity it has served. It has saved the offices in working through many of the number of uninsured families who live lives and the property of many. In the difficult issues that have been brought in these communities, and the crisis town of Georgetown, everyone knows forward during his tenure. facing rural health care delivery is who the real heros are. I commend John Koerner for his clear. It is my privilege to share the com- work with the U.S Fish & Wildlife Despite numerous efforts to increase pany’s great history with my col- Service. His contributions will benefit reimbursement rates for rural health leagues and with our fellow citizens many generations to come.∑ services and our ongoing quest to cover today. We honor the company’s 100th f anniversary and the extraordinary the millions of uninsured across Amer- TRIBUTE TO ORLANDO ‘‘TUBBY’’ commitment that it has never stopped ica, rural people are still hurting. It SMITH takes people like the Steffeys, who are showing to its community. Congratula- ∑ willing to make a sacrifice to meet the tions to all of the officers, members, Mr. BUNNING. Mr. President, today I needs of rural communities today, and friends of the Georgetown Fire honor and pay tribute to University of while we continue to work towards so- Company. It is very well deserved.∑ Kentucky Basketball coach and friend Orlando ‘‘Tubby’’ Smith. Coach Smith lutions for tomorrow. f On March 1, 2003, Dr. and Mr. Steffey was selected today as the 2003 Naismith COMMENDING JOHN KOERNER ON took ownership of the La Pine Commu- College Basketball Coach of the Year. HIS RETIREMENT FROM THE U.S. nity Clinic. I hope that their vision is Earlier this year, Tubby was also FISH AND WILDLIFE SERVICE rewarded with great success. I join the named the Nation’s top coach by the Sporting News, ESPN, and the Basket- many grateful residents of La Pine in ∑ Mr. JOHNSON. Mr. President, I rise ball Times. Coach Smith led the Uni- naming them as Oregon Health Care to recognize Mr. John Koerner’s long, versity of Kentucky Wildcats to an Heroes and thank them for bringing distinguished career with the United outstanding 32–4 record this season, in- hope and healing to La Pine.∑ States Fish & Wildlife Service. John cluding a NCAA season-high 26 game f began his career in 1972 in Valentine, NE at Fort Niobrara National Wildlife winning streak. The Wildcats’ winning GEORGETOWN FIRE COMPANY’S Refuge. Before he arrived at his streak this season was the Nation’s 100TH ANNIVERSARY ‘‘dream location’’ of Sand Lake Na- longest in seven years. ∑ Mr. BIDEN. Mr. President, I rise tional Wildlife Refuge, he was sta- Coach Smith is more than just a bas- ketball coach to his players at the Uni- today to give congratulations to one of tioned in the South Dakota commu- versity of Kentucky. He is a skilled the great local fire departments in nities of Madison, Pierre and Waubay. teacher of the game of basketball, but Delaware, the Georgetown Fire Com- John has now managed the Sand Lake he also teaches his players important pany, which is celebrating its 100th an- NWR for 15 years. This refuge has a lessons about life and instills a sense of niversary this month. This anniversary wonderful reputation within the refuge character in them that allows them to is a tribute to those who had the vision system, and that reputation reaches excel both on and off the court. to found the fire department and to far beyond its borders. In 1988, because Tubby and his wife Donna are also those volunteers who have carried on of its importance to migratory birds, very active in many communities this tradition all the way through Sand Lake was designated as the 16th across Kentucky. Over the past 5 years, today. Wetland of International Importance in they have raised over $1.5 million for We are very lucky in Delaware to the United States. This designation the Tubby Smith Foundation. Through have such a rich history of volunteer was proposed under John’s guidance, annual auctions, golf tournaments and community fire departments. With the and supported by myself and U.S. Sen- other events, Tubby and Donna have addition of the Georgetown Company, ator TOM DASCHLE. devoted much of their time and energy we have had 15 fire companies in our During his time in South Dakota, to assisting underprivileged children in state celebrate 100 years of service. In John has been instrumental in reach- Kentucky through their foundation. fact, we have even had 3 companies— ing out to the public he serves through I am proud to have Coach Smith rep- Lewes, Carlisle of Milford, and Good effective outreach and environmental resent the great Commonwealth of Will of New Castle—celebrate 200 years programs. The annual Eagle Day event Kentucky. He is a fantastic basketball of service. held at Sand Lake Refuge has grown coach and a prominent community With such successes though, it is from one carload of visitors attending leader. I ask my colleagues in the Sen- easy to forget the humble beginnings of the first Eagle Day event to well over ate to join me in congratulating him many of these departments. On April 1,200 visitors attending in 2002. John on receiving the 2003 Naismith College 11, 1903, the town commissioners of has also enhanced the youth, education Basketball Coach of the Year Award.∑ Georgetown announced in a town meet- and outreach programs during his time f ing that it would be forming a fire at the refuge. company to bring down the cost of fire John has been an articulate and out- SOUTH DAKOTA STATE insurance. Before the establishment of spoken voice on water and conserva- UNIVERSITY LADY JACKRABBITS a fire company, the community had re- tion issues concerning the James ∑ Mr. JOHNSON. Mr. President, I rise lied on so-called bucket brigades and a River. His coordination efforts with today to recognize and congratulate hand-drawn ladder wagon. local, State and Federal agencies, dur- the South Dakota State University When it was founded, there were ing major flooding events and day-to- Lady Jackrabbits. The Jackrabbits, fourteen charter members of the day operations have been an asset to under head coach Aaron Johnston and Georgetown Fire Company and only Sand Lake Refuge and to the commu- assistant coach Laurie Melum, won the one piece of fire equipment. Today, nities and landowners up and down the National Division II Basketball Tour- there are almost one hundred members James River. His knowledge of the nament against Northern Kentucky of the company and an entire fleet of James River has been very helpful to March 29 in St. Joseph, MO. state of the art fire equipment. South Dakota’s congressional delega- Coach Johnston’s squad went And as a testament to the unceasing tion. through the 2002–2003 season with a dedication of the volunteers who serve John’s coordination efforts with all school-record 32 wins against just three in this company and to the respect and of South Dakota’s congressional offices losses. The Jackrabbits entered the veneration it has in the community, al- have been beneficial to both the FWS tournament with an impressive 32–3 most half of the members of the and the citizens of South Dakota. His mark and defeated Cal State–Bakers- Georgetown Fire Company are life knowledge of FWS history, compat- field and Bentley before rallying to members or honorary members. Many ibility issues, and his vast experience overtake Northern Kentucky, 65–50, for members of the company who have has provided him with a ‘‘common the first ever women’s basketball na- served their town as volunteer fire- sense’’ approach to resolving issues be- tional title. fighters for decades never stop serving. fore they become major problems. I The team was guided this season by The Georgetown Fire Company has know that John Koerner has provided the leadership provided by seniors Me- become an integral part of the commu- extremely valuable assistance to my lissa Pater and Karly Hegge. Joining

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.069 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4625 them were Jackrabbit juniors Stacie On Monday pretty much everyone in that Carter’s vehicle has been host to Cizek and Brenda Davis. All-tour- Watkinsville wanted to call and con- an embedded reporter during much of nament team member and NCAA Divi- gratulate the family. the campaign. ‘‘Every day since he’s sion II Elite Eight Most Outstanding Chris was an ROTC student at the been over there he’s been in some news- Player Pater was joined on the all- University of Georgia and a member of paper. The next best thing to being tournament team by freshman Heather the Georgia Army National Guard. He able to talk to him personally has been Sieler. was commissioned as an officer, to read the papers.’’ As Hegge told the Sioux Falls Argus trained with the 82nd Airborne Divi- Carter then excused himself to an- Leader following the title victory, sion and took the mountain section of swer the door. Television cameramen ‘‘After A.J. [Coach Aaron Johnston] his wilderness training with the 5th were ringing the bell.∑ first started coaching, he used the Ranger Training Battalion’s Camp f phrase, ‘Don’t stop believing.’ That’s Merrill, near Dahlonega. THE KIWANIS CLUB OF DEARBORN what we tried to do, not stop believing Of medium height and a stocky build, ON THE CELEBRATION OF THEIR and just keep on going.’’ This title re- Carter loves to hunt, fish, and sing 75TH ANNIVERSARY flects that devotion and conviction Hank Williams, Jr. songs, said his South Dakota residents pride them- girlfriend, Amanda Cofer, 24, an assist- ∑ Mr. LEVIN. Mr. President, today it is selves on. ant to State Senators Mitch Seabaugh my pleasure to congratulate the I want to acknowledge Dean Dr. Lau- and Dan Moody. Kiwanis Club of Dearborn, MI for 75 rie Nichols, Athletic Director Dr. Fred Carter distinguished himself Monday years of distinguished service address- Oien, Head Coach Aaron Johnston, As- when he left his Bradley fighting vehi- ing the needs of children, seniors, and sistant Coach Laurie Melum, and Grad- cle and dashed out on a bridge during a the disadvantaged throughout the uate Assistant Sheila Roux for their firefight outside of Hindiyah, to try to Dearborn community and my home guidance and support to help make this bring an Iraqi woman to safety. State of Michigan. year’s team so successful. I also want An Associated Press account of the As a member of Kiwanis Inter- to congratulate all of this year’s team rescue began with Carter saying, national, the Kiwanis Club of Dearborn members: seniors Melissa Pater and ‘‘We’ve got to get her off that bridge’’ is part of a larger organization that Karly Hegge; juniors Stacie Cizek and and then determining to save her. holds community service at its core. Brenda Davis; sophomores Stephanie The woman had apparently tried to Since its founding in 1915, Kiwanis Bolden, Megan Otte, Brooke race across the bridge when the Ameri- International has united individuals to Dickmeyer, Dianna Pavek, Shannon cans arrived, but was caught in the respond to the changing needs of their Schlager, and Christine Gilbert; and crossfire. communities. Kiwanis groups promote freshmen Heather Sieler and Christine Soldiers who had spotted her through awareness of vital issues such as child Gilbert, for their hard work, dedication the smoke at first thought she was health and development, literacy, sub- and commitment this season. Finally, I dead, as was a man sprawled in the stance abuse, and senior care. Kiwanis want to acknowledge the great work of dust nearby. But the woman sat up and Clubs nationwide take practical steps team manager Laci Greenfield, and the waved for help during breaks in the to respond to these concerns through hard-working efforts of cheerleaders gunfire. volunteer service projects and fund- Christina Bennett, Emmie Johnson, According to AP reporter Chris Tom- raising. Today, the Kiwanis family in- Eve Becker, Jill McClung, Julie linson’s account, Carter ‘‘ordered his cludes 500,000 members in over 80 coun- Raeder, and Katie Jacobson. Bradley armored vehicle to pull for- tries. Again, congratulations to the South ward while he and two men ran behind Since 1928, the Kiwanis Club of Dear- Dakota State University Lady Jack- it. They took cover behind the bridge’s born has taken an active role in per- rabbits on winning their first women’s iron beams. forming community service. Through basketball national title.∑ ‘‘Carter tossed a smoke grenade for their annual ‘‘Peanut Sale’’ fundraiser, the Kiwanis Club of Dearborn has gen- f more cover and approached the woman, who was crying and pointing toward a erated thousands of dollars each year GEORGIAN SOLDIER SAVES wound on her hip. She wore the black for charity organizations. Recipients of CIVILIAN chador, common among older women in the money raised at this benefit in- ∑ Mr. MILLER. Mr. President, today I the countryside. The blood soaked clude Children’s Hospital, the Salva- share with my colleagues the story of a through the fabric, streaking the pave- tion Army, the DeSales School for the 3rd Infantry soldier, and a fellow Geor- ment around her. Deaf, the Hemophilia Foundation, and gian, who risked his own life to save a ‘‘Medics placed the woman on a the Special Olympics. This year, the civilian caught in the crossfire in Iraq. stretcher and into an ambulance; club raised a record $54,000, a sum The following article was printed in Carter stood by, providing cover with which has earned them recognition as a the April 1 edition of the Atlanta Jour- his M16A4 rifle. Then she was gone, and leader in fundraising initiatives. Fur- nal-Constitution. Monday’s battle for this town of 80,000, thermore, the club can be commended Michael Carter wanted to talk about 50 miles south of Baghdad, raged on.’’ for donating all moneys raised to char- his son, CPT Chris Carter, 31, whose he- When Carter’s girlfriend, Cofer, heard ity, due to the absence of administra- roic rescue of an Iraqi woman flashed about the rescue, her first thought was, tive costs. The Kiwanis Club of Dear- across the newswires Monday, but the ‘‘Get back in the vehicle!’’ she said. born also produces ‘‘Kiwani Talk,’’ a batteries on his cordless phone were Cofer and Carter met last October television show that informs viewers of running down. during a victory celebration in services available to the public. In the ‘‘I didn’t know about it until the Buckhead after the Georgia Bulldogs past 10 years, this program has aired phone rang this morning,’’ he said beat the University of Kentucky in 500 episodes relaying pertinent infor- Monday afternoon, adding that it football. ‘‘I knew immediately he was a mation to the community. The emer- hadn’t stopped ringing since. special person,’’ she said. Carter was gence of two additional clubs, the Constant phone calls kept him from deployed to Kuwait the next month. Outer Drive Kiwanis Club and the East logging on to the Internet and reading ‘‘He is the kind of man every parent Dearborn Kiwanis Club, is testament to about Chris, commander of A Com- in America would be glad to have as a the commitment of the Kiwanis Club of pany, part of the 3rd Battalion, 7th son,’’ said Carter’s father, who is re- Dearborn to continued community Regiment of the 3rd Infantry Division tired from the Environmental Protec- service and the appeal of their mes- (Mechanized). tion Agency. sage. ‘‘I’ve been so busy with phone calls, I Though the Carters haven’t heard I am confident that my Senate col- have not had time to download it,’’ from their son for 3 weeks, they keep leagues will join me in thanking the said Carter, 63. up with him through the news. Kiwanis Club of Dearborn for their 75 He and his wife Shirley, 60, live in ‘‘We have more current information years of service dedicated to improving Watkinsville, where Chris grew up and on him than any other parent in the the lives of many in the Dearborn com- attended Oconee County High School. United States,’’ said the father, adding munity. The dedication to community

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.070 S01PT1 S4626 CONGRESSIONAL RECORD — SENATE April 1, 2003 service is an inspiring example of ance provided by Small Business Develop- National Marine Fisheries Service, Depart- human kindness and selflessness. We ment Centers to Indian tribe members, Na- ment of Commerce, transmitting, pursuant wish them continued success as they tive Alaskans, and Native Hawaiians; to the to law, the report of a rule entitled ‘‘Frame- work to make our communities better Committee on Small Business and Entrepre- work 15 to the Atlantic Sea Scallop Fishery neurship. Management Plan (0648–AQ28)’’ received on places to live.∑ The following concurrent resolution March 27, 2003; to the Committee on Com- f merce, Science, and Transportation. was read, and referred as indicated: EC–1736. A communication from the Asso- MESSAGE FROM THE HOUSE H. Con. Res. 58. Concurrent resolution hon- ciate Deputy Assistant Administrator, Na- At 2:16 p.m., a message from the oring the City of Fayetteville, North Caro- tional Oceanic and Atmospheric Adminis- House of Representatives, delivered by lina, and its many partners for the Festival trator, National Ocean Service, Department Ms. Niland, one of its reading clerks, of Flight, a celebration of the centennial of of Commerce, transmitting, pursuant to law, announced that the House has passed Wilbur and Orville Wright’s first flight, the the report of a rule entitled ‘‘Announcement first controlled, powered flight in history; to the following bills, in which it requests of Funding Opportunity to Submit Proposals the Committee on the Judiciary. for the Monitoring and Event Response for the concurrence of the Senate: f Harmful Algal Blooms (MERHAB) Program H.R. 1166. An act to amend the Small Busi- FY2004 (0648–ZB12)’’ received on March 27, ness Act to expand and improve the assist- EXECUTIVE AND OTHER 2003; to the Committee on Commerce, ance provided by Small Business Develop- COMMUNICATIONS Science, and Transportation. ment Centers to Indian tribe members, Na- EC–1737. A communication from the Sec- tive Alaskans, and Native Hawaiians. The following communications were retary of Transportation, transmitting, pur- H.R. 1208. An act to authorize appropria- laid before the Senate, together with suant to law, the report of a Bill to amend tions for fiscal years 2004 and 2005 for United accompanying papers, reports, and doc- title 49, United States Code, to authorize ap- States contributions to the International uments, and were referred as indicated: propriations for the Federal Aviation Admin- Fund for Ireland, and for other purposes. istration for fiscal years 2004, 2005, 2006 and H.R. 1505. An act to designate the facility EC–1729. A communication from the Chief, Regulation and Administrative Law, United 2007 and for other purposes, received on of the United States Postal Service located March 26, 2003; to the Committee on Com- at 2127 Beatties Ford Road in Charlotte, States Coast Guard, Department of Trans- portation, transmitting, pursuant to law, the merce, Science, and Transportation. North Carolina, as the ‘‘Jim Richardson Post EC–1738. A communication from the Chief, report of a rule entitled ‘‘Special Anchorage Office.’’ Regulations Unit, Internal Revenue Service, Areas/Anchorage Grounds Regulations; The message also announced that the Department of the Treasury, transmitting, Boothville, Anchorage, Venice, LA (CGD08– pursuant to law, the report of a rule entitled House has agreed to the following con- 02–017)’’ received on March 24, 2003; to the ‘‘Rotable Spare Parts; Capitol Expenditures current resolution, in which it requests Committee on Commerce, Science, and (Rev. Rul. 2003–37)’’ received on March 26, the concurrence of the Senate: Transportation. 2003; to the Committee on Finance. EC–1730. A communication from the Chief, H. Con. Res. 58. concurrent resolution hon- EC–1739. A communication from the Chief, Regulation and Administrative Law, United oring the City of Fayetteville, North Caro- Regulations Unit, Internal Revenue Service, States Coast Guard, Department of Trans- lina, and its many partners for the Festival Department of the Treasury, transmitting, portation, transmitting, pursuant to law, the of Flight, a celebration of the centennial of pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Drawbridge Regu- Wilbur and Orville Wright’s first flight, the ‘‘Appeals Settlement Guidelines: All Indus- lations; (Including 4 Regulations) [CGD08– first controlled, powered flight in history. tries—Section 302/318 Basis Shifting Trans- 03010] [CGD08–03–012] [CGD07–03–31] [CGD1– The message further announced that actions’’ received on March 26, 2003; to the 03–019] (1625–AA09)(2003–0001)’’ received on the Speaker appoints the following Committee on Finance. March 24, 2003; to the Committee on Com- Members as additional conferees in the EC–1740. A communication from the Chief, merce, Science, and Transportation. Regulations Unit, Internal Revenue Service, conference on the disagreeing votes of EC–1731. A communication from the Chief, the two Houses on the amendments of Department of the Treasury, transmitting, Regulation and Administrative Law, United pursuant to law, the report of a rule entitled the House to the bill (S. 151) to amend States Coast Guard, Department of Trans- ‘‘Civil Cause of Action for Violation of Sec- title 18, United States Code, with re- portation, transmitting, pursuant to law, the tion 362 or Section 524 of the Bankruptcy spect to the sexual exploitation of chil- report of a rule entitled ‘‘Safety/Security Code (RIN1545–AY08)(TD 9050)’’ received on dren: Zone Regulations: (Including 3 regulations) March 26, 2003; to the Committee on Finance. From the Committee on Education [COTP Pittsburgh 02–0] [COTP Los Angeles- EC–1741. A communication from the Chief, and the Workforce, for consideration of Long Beach 02–005] [COTP Western Alaska Regulations Unit, Internal Revenue Service, 02–001] (1625–AA00)(2003–0002)’’ received on Department of the Treasury, transmitting, section 8 of the Senate bill and sections March 24, 2003; to the Committee on Com- 222, 305, 508 of the House amendments, pursuant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Certain Transfers of Property to Regulated and modifications committed to con- EC–1732. A communication from the Chief, Investment Companies [RICs] and Real Es- ference: Mr. HOEKSTRA; MR. GINGREY; Regulation and Administrative Law, United tate Investment Trusts [REITs] (RIN1545– and Mr. HINOJOSA. States Coast Guard, Department of Trans- BA36)(1545–AW92)’’ received on March 24, From the Committee on Transpor- portation, transmitting, pursuant to law, the 2003; to the Committee on Finance. tation and Infrastructure, for consider- report of a rule entitled ‘‘Safety/Security EC–1742. A communication from the Chief, ation of section 303 and title IV of the Zone Regulations: (Including 4 Regulations) Regulations Unit, Internal Revenue Service, [COTP Los Angeles-Long Beach 03–001] House amendments, and modifications Department of the Treasury, transmitting, [COTP San Francisco Bay 03–003] [COTP San pursuant to law, the report of a rule entitled committed to conference: Mr. YOUNG of Diego 03–003] [COTP Tampa 03–006] (1625– ‘‘Bureau of Labor Statistics Price Indexes Alaska; Mr. PETRI; and Mr. MATHESON. AA00) (2003–0001)’’ received on March 24, 2003; for Department Stores—January 2003 (Rev. f to the Committee on Commerce, Science, Rul. 2003–33)’’ received on March 24, 2003; to and Transportation. MEASURES REFERRED the Committee on Finance. EC–1733. A communication from the Attor- EC–1743. A communication from the Chief, The following bills were read the first ney, Research and Special Programs Admin- Regulations Unit, Internal Revenue Service, and the second times by unanimous istration, Department of Transportation, Department of the Treasury, transmitting, consent, and referred as indicated: transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled a rule entitled ‘‘Hazardous Materials: Avail- H.R. 1208. An act to authorize appropria- ‘‘Amendments to Rules for Determination of ability of Information for Hazardous Mate- tions for fiscal years 2004 and 2005 for United Basis of Partners’s Interest; Special Rules rials Transported by Aircraft (2137–AD29)’’ States contributions to the International (RIN1545–BA50)(TD9049)’’ received on March received on March 25, 2003; to the Committee Fund for Ireland, and for other purposes; to 24, 2003; to the Committee on Finance. on Commerce, Science, and Transportation. the Committee on Foreign Relations. EC–1744. A communication from the Chief, H.R. 1505. An act to designate the facility EC–1734. A communication from the Attor- Regulations Unit, Internal Revenue Service, of the United States Postal Service located ney, Office of the Secretary of Transpor- Department of the Treasury, transmitting, at 2127 Beatties Ford Road in Charlotte, tation, Department of Transportation, trans- pursuant to law, the report of a rule entitled North Carolina, as the ‘‘Jim Richardson Post mitting, pursuant to law, the report of a rule ‘‘Business Disaster Grant Payments (Notice Office,’’ to the Committee on Governmental entitled ‘‘Extension of Computer Reserva- 2003–18)’’ received on March 18, 2003; to the Affairs. tions Systems Regulations (2105–AD24)’’ re- Committee on Finance. ceived on March 26, 2003; to the Committee EC–1745. A communication from the Chief, The following bill was read, and re- on Commerce, Science, and Transportation. Regulations Unit, Internal Revenue Service, ferred as indicated: EC–1735. A communication from the Dep- Department of the Treasury, transmitting, H.R. 1166. An act to amend the Small Busi- uty Assistant Administrator, Regulatory pursuant to law, the report of a rule entitled ness Act to expand and improve the assist- Programs, Office of Sustainable Fisheries, ‘‘Applicable Federal Rates—April 2003 (Rev.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.061 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4627 Rul. 2003–35)’’ received on March 24, 2003; to Quality Implementation Plans; Philadelphia 2003 report on National Defense Stockpile the Committee on Finance. County, Pennsylvania Construction, Modi- (NDS) requirements; to the Committee on EC–1746. A communication from the Chief, fication and Operation Permit Programs Armed Services. Regulations Unit, Internal Revenue Service, (FRL 7474–2)’’ received on March 27, 2003; to EC¥1767. A communication from the Department of the Treasury, transmitting, the Committee on Environment and Public Under Secretary of Defense, Acquisition, pursuant to law, the report of a rule entitled Works. Technology and Logistics, Department of ‘‘Applicable Federal Rates—April 2003 (Rev. EC–1757. A communication from the Acting Defense, transmitting, pursuant to law, the Rul. 2003–35)’’ received on March 24, 2003; to Principle Deputy Associate Administrator, Conference Report to accompany the Bob the Committee on Finance. Environmental Protection Agency, transmit- Stump National Defense Authorization Act EC–1747. A communication from the Chief, ting, pursuant to law, the report of a rule en- for Fiscal Year 2003, received on March 26, Regulations Unit, Internal Revenue Service, titled ‘‘Approval and Promulgation of Imple- 2003; to the Committee on Armed Services. ¥ Department of the Treasury, transmitting, mentation Plans and Designation of Areas; EC 1768. A communication from the As- pursuant to law, the report of a rule entitled California—Indian Wells Valley PM10 Non- sistant Secretary of Defense, Health Affairs, ‘‘Section 911 Waiver Rev. Proc. 2002-update attainment Area (FRL7461–5)’’ received on Department of Defense, transmitting, pursu- (Rev. Proc. 2003–26)’’ received on March 24, March 27, 2003; to the Committee on Environ- ant to law, the report relative to outreach to Gulf War veterans, received on March 27, 2003; to the Committee on Finance. ment and Public Works. EC–1748. A communication from the Board EC–1758. A communication from the Acting 2003; to the Committee on Armed Services. EC¥1769. A communication from the Gen- Members, Railroad Retirement Board, trans- Principle Deputy Associate Administrator, eral Counsel, Department of Defense, trans- mitting, pursuant to law, the report of a Bill Environmental Protection Agency, transmit- mitting, pursuant to law, the report relative to amend the Railroad Retirement Act to ting, pursuant to law, the report of a rule en- to proposed legislative initiatives to be in- solve several technical problems that have titled ‘‘Approval and Promulgation of Imple- cluded in the National Defense Authoriza- arisen in connection with the establishment mentation Plans; Indiana (FRL7470–7)’’ re- tion Act for Fiscal Year 2004, received on of and actions by the National Railroad Re- ceived on March 27, 2003; to the Committee March 27, 2003; to the Committee on Armed tirement Investment Trust, received on on Environment and Public Works. Services. March 24, 2003; to the Committee on Finance. EC–1759. A communication from the Acting EC¥1770. A communication from the Reg- EC–1749. A communication from the Assist- Principle Deputy Associate Administrator, ister Liaison Officer, Office of the Secretary, ant Secretary, Legislative Affairs, Depart- Environmental Protection Agency, transmit- Department of Defense, transmitting, pursu- ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- ant to law, the report of a rule entitled law, the report of the establishment of Dan- titled ‘‘Bacillus pumilus GB 34; Exemption ‘‘CHAMPUS Appeals and Hearings Proce- ger Pay to U.S. Government Civilian Em- from the Requirements of a Tolerance dures; Formal Review (Administrative Cor- ployees in Kuwait, received on March 24, (FRL7286–9)’’ received on March 27, 2003; to rections) (0720–AA74)’’ received on March 27, 2003; to the Committee on Foreign Relations. the Committee on Environment and Public 2003; to the Committee on Armed Services. EC–1750. A communication from the Assist- Works. EC¥1771. A communication from the Gen- ant Secretary, Legislative Affairs, Depart- EC–1760. A communication from the Acting eral Counsel, Department of Defense, trans- ment of State, transmitting, pursuant to Principle Deputy Associate Administrator, mitting, pursuant to law, the report relative law, the Annual Report covering defense Ar- Environmental Protection Agency, transmit- to certification that Kazakhstan and ticles and Services that were licensed for Ex- ting, pursuant to law, the report of a docu- Ukraine are committed to the courses of ac- port; to the Committee on Foreign Rela- ment entitled ‘‘Ground Level Ozone: Com- tion described in section 1203 (d) of the Coop- tions. pilation of States’ Recommendations and erative Threat Reduction Act of 1993, re- EC–1751. A communication from the Acting Initial Regional Office Responses on Areas ceived on March 25, 2003; to the Committee Principle Deputy Associate Administrator, That Are Not Attaining the 8-hour Ground- on Armed Services. Environmental Protection Agency, transmit- Level Ozone National Ambient Air Quality EC¥1772. A communication from the At- ting, pursuant to law, the report of a rule en- Standards: Guidance Memorandum″; to the torney, Research and Special Programs Ad- titled ‘‘Approval and Promulgation of Imple- Committee on Environment and Public ministration, Department of Transportation, mentation Plans and Approval Under Sec- Works. transmitting, pursuant to law, the report of tions 110 and 112(I); State of Kansas EC–1761. A communication from the Acting a rule entitled ‘‘Hazardous Materials: Secu- (FRL7471–9)’’ received on March 24, 2003; to Principle Deputy Associate Administrator, rity Requirements for Officers and Trans- the Committee on Environment and Public Environmental Protection Agency, transmit- porters of Hazardous Materials (2137–AD67)’’ Works. ting, pursuant to law, the report of a docu- received on March 25, 2003; to the Committee EC–1752. A communication from the Acting ment entitled ‘‘Rubber Tire Manufacturing: on Armed Services. ¥ Principle Deputy Associate Administrator, Air Toxins Rule: Amendments″; to the Com- EC 1773. A communication from the Under Secretary of Defense, Acquisition, Environmental Protection Agency, transmit- mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- EC–1762. A communication from the Acting Technology and Logistics, Department of titled ‘‘Approval and Promulgation of Imple- Principle Deputy Associate Administrator, Defense, transmitting, pursuant to law, the report of the Department of Defense 2002 in- mentation Plans; State of Missouri Environmental Protection Agency, transmit- ventory of activities that are not inherently (FRL7471–6)’’ received on March 24, 2003; to ting, pursuant to law, the report of a docu- governmental functions, received on March the Committee on Environment and Public ment entitled ‘‘Rubber Tire Manufacturing: 27, 2003; to the Committee on Governmental Works. Air Toxins Rule: Fact Sheet″; to the Com- EC–1753. A communication from the Acting Affairs . mittee on Environment and Public Works. EC¥1774. A communication from the Principle Deputy Associate Administrator, ¥ EC 1763. A communication from the Di- Chairman, Defense Nuclear Facilities Safety Environmental Protection Agency, transmit- rector, Office of Congressional Affairs, Nu- Board, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- clear Material Safety and Safeguards, Nu- Performance Report for Fiscal Year 2002; to titled ‘‘Clean Water for Sustainable Cities in clear Regulatory Commission, transmitting, the Committee on Governmental Affairs. China Project’’ received on March 24, 2003; to pursuant to law, the report of a rule entitled EC¥1775. A communication from the the Committee on Environment and Public ‘‘Radiation Exposure Reports: Labeling Per- Chairman, Federal Trade Commission, trans- Works. sonal Information (RIN3150–AH–07)’’ received mitting, pursuant to law, the Federal Trade EC–1754. A communication from the Acting on March 24, 2003; to the Committee on Envi- Commission’s Office of Inspector General Principle Deputy Associate Administrator, ronment and Public Works. (OIG) Semiannual report for the period end- Environmental Protection Agency, transmit- EC¥1764. A communication from the Regu- ing September 30, 2002, received on March 27, ting, pursuant to law, the report of a rule en- lations Officer, Federal Highway Adminis- 2003; to the Committee on Governmental Af- titled ‘‘Minor Clarification of National Pri- tration, Department of Transportation, fairs. mary Drinking Water Regulation for Arsenic transmitting, pursuant to law, the report of EC¥1776. A communication from the (FRL7472–5)’’ received on March 24, 2003; to a rule entitled ‘‘Traffic Control Devices on Chairman, Securities and Exchange Commis- the Committee on Environment and Public Federal-Aid and Other Streets and High- sion, transmitting, pursuant to law, the Se- Works. ways; Standards (2125–AE78)’’ received on curities and Exchange Commission’s com- EC–1755. A communication from the Acting March 26, 2003; to the Committee on Environ- bined Governmental Performance and Re- Principle Deputy Associate Administrator, ment and Public Works. sults Act Annual Performance Report for fis- Environmental Protection Agency, transmit- EC¥1765. A communication from the cal year 2002 and the Annual Performance ting, pursuant to law, the report of a rule en- Chairman, Nuclear Regulatory Commission, Plan for fiscal year 2004, received on March titled ‘‘Significant New Uses of Certain transmitting, pursuant to law, the report 27, 2003; to the Committee on Governmental Chemical Substances (FRL 6758–7)’’ received submitting legislation which authorizes ap- Affairs. on March 24, 2003; to the Committee on Envi- propriations for fiscal year 2004, received on EC¥1777. A communication from the Sec- ronment and Public Works. March 25, 2003; to the Committee on Environ- retary of Veterans Affairs, transmitting, EC–1756. A communication from the Acting ment and Public Works. pursuant to law, the report relative to sum- Principle Deputy Associate Administrator, EC¥1766. A communication from the marizing the disposition of sixteen cases in Environmental Protection Agency, transmit- Under Secretary of Defense, Acquisition, which I granted equitable relief during cal- ting, pursuant to law, the report of a rule en- Technology and Logistics, Department of endar year 2002, received on March 27, 2003; titled ‘‘Approval and Promulgation of Air Defense, transmitting, pursuant to law, the to the Committee on Veterans’ Affairs.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.047 S01PT1 S4628 CONGRESSIONAL RECORD — SENATE April 1, 2003 EC¥1778. A communication from the Sec- Firearms, and Explosives, Department of other provision of the Convention shall be retary of Veterans Affairs, transmitting, Justice, transmitting, pursuant to law, the construed as limiting the access of the legis- pursuant to law, the Seventh Report describ- report of a rule entitled ‘‘Implementation of lative branch of the United States Govern- ing the administration of the Montgomery the Safe Explosives Act, Title XI, Subtitle C ment to any information relating to the op- GI Bill (MGIB) educational assistance pro- of Public Law 107–296 (RIN1140–AA00)’’ re- eration of the Convention, including access gram, received on March 27, 2003; to the Com- ceived on March 25, 2003; to the Committee to information described in Article 36 of the mittee on Veterans’ Affairs. on the Judiciary. Convention. EC¥1779. A communication from the Dep- (B) PROTECTION OF INFORMATION.—The Sen- uty General Counsel, Veterans Administra- f ate understands that the confidentiality of tion, Department of Veterans Affairs, trans- REPORTS OF COMMITTEES information provided by other Contracting mitting, pursuant to law, the report of a rule Parties that is properly identified as pro- entitled ‘‘VA Homeless Providers Grant and The following reports of committees tected pursuant to Article 36 of the Conven- Per Diem Program (2900–AL30) (Interim were submitted: tion will be respected. Final Rule)’’ received on March 27, 2003; to By Mr. STEVENS, from the Committee on (C) CERTIFICATION.—Not later than 45 days the Committee on Veterans’ Affairs. Appropriations, without amendment: after the deposit of the United States instru- EC¥1780. A communication from the Act- S. 762. An original bill making supple- ment of ratification, the President shall cer- ing Principal Deputy Associate Adminis- mental appropriations to support Depart- tify to the appropriate committees of Con- trator, Environmental Protection Agency, ment of Defense operations in Iraq, Depart- gress that the Comptroller General of the transmitting, pursuant to law, the report of ment of Homeland Security, and Related Ef- United States shall be given full and com- a rule entitled ‘‘Pesticides; Tolerance Ex- forts for the fiscal year ending September 30, plete access to— emptions for Active and Inert Ingredients for 2003, and for other purposes (Rept. No. 108– (i) all information in the possession of the Use in Antimicrobial Formulations (Food- 33). United States Government specifically relat- Surface Sanitizing Solutions): Withdrawal of By Ms. COLLINS, from the Committee on ing to the operation of the Convention that Direct Final Rule (FRL 7299–4)’’ received on Governmental Affairs, with an amendment is submitted by any other Contracting Party March 27, 2003; to the Committee on Agri- in the nature of a substitute: pursuant to Article 32 of the Convention, in- culture, Nutrition, and Forestry. S. 380. A bill to amend chapter 83 of title 5, cluding any report or document; and ¥ EC 1781. A communication from the Act- United States Code, to reform the funding of (ii) information specifically relating to any ing Principal Deputy Associate Adminis- benefits under the Civil Service Retirement review or analysis by any department, agen- trator, Environmental Protection Agency, System for employees of the United States cy, or other entity of the United States, or transmitting, pursuant to law, the report of Postal Service, and for other purposes. any official thereof, undertaken pursuant to a rule entitled ‘‘S-Metolachlor; Pesticide Article 30 of the Convention, of any report or Tolerance (FRL7299–8)’’ received on March f document submitted by any other Con- 27, 2003; to the Committee on Agriculture, tracting Party. Nutrition, and Forestry. EXECUTIVE REPORT OF (D) REPORTS TO CONGRESS.—Upon the re- EC–1782. A communication from the Chief COMMITTEE quest of the chairman of either of the appro- Justice, Supreme Court of the United States, The following executive report of priate committees of Congress, the President transmitting, pursuant to law, the report to committee was submitted: shall submit to the respective committee an Congress of the amendments to the Federal By Mr. LUGAR, from the Committee on unclassified report, and a classified annex as Rules of Appellate Procedure that have been Foreign Relations: appropriate, detailing— adopted by the Supreme Court of the United (i) how the objective of a high level of nu- States, received on March 27, 2003; to the [Treaty Doc. 106–48 Joint Convention on clear and radiological safety and security Committee on the Judiciary. Safety of Spent Fuel and Radioactive has been furthered by the operation of the EC–1783. A communication from the Chief Waste Management (Exec. Rept. No. 108–5)] Convention; Justice, Supreme Court of the United States, TEXT OF THE RESOLUTION OF RATIFICATION AS (ii) with respect to the operation of the transmitting, pursuant to law, the report REPORTED BY THE COMMITTEE ON FOREIGN Convention on an Article-by-Article basis— relative to the amendments to the Federal RELATIONS (I) the situation addressed in the Article of Rules of Bankruptcy Procedure that have Resolved (two-thirds of the Senators present the Convention; been adopted by the Supreme Court of the concurring therein). (II) the results achieved under the Conven- United States, received on March 27, 2003; to tion in implementing the relevant obligation SECTION 1. SENATE ADVICE AND CONSENT SUB- the Committee on the Judiciary. JECT TO CONDITIONS. under that Article of the Convention; and (III) the plans and measures for corrective EC–1784. A communication from the Chief The Senate advises and consents to the action on both a national and international Justice, Supreme Court of the United States, ratification of the Joint Convention on the level to achieve further progress in imple- transmitting, pursuant to law, the report Safety of Spent Fuel Management and on the menting the relevant obligation under that relative to the amendments to the Federal Safety of Radioactive Waste Management, Article of the Convention; and Rules of Evidence that have been adopted by done at Vienna on September 5, 1997 (Treaty (iii) on a country-by-country basis, for the Supreme Court of the United States, re- Document 106–48), subject to the conditions each Contracting Party that is receiving ceived on March 27, 2003; to the Committee of section 2. on the Judiciary. United States financial or technical assist- EC–1785. A communication from the Chief SEC. 2. CONDITIONS. ance relating to nuclear or radiological safe- Justice, Supreme Court of the United States, The advice and consent of the Senate to ty or security improvement— transmitting, pursuant to law, the report ratification of the Convention on the Safety (I) a list of all nuclear facilities within the relative to the amendments to the Federal of Spent Fuel Management and on the Safety country, including those installations oper- Rule of Civil Procedure, received on March of Radioactive Waste Management is subject ating, closed, and planned, and an identifica- 27, 2003; to the Committee on the Judiciary. to the following conditions, which shall be tion of those nuclear facilities where signifi- EC–1786. A communication from the Chief binding upon the President: cant corrective action is found necessary by Financial Officer, Paralyzed Veterans of (1) COMMITMENT TO REQUEST AND REVIEW assessment; America, transmitting, pursuant to law, the REPORTS—Not later than 45 days after the de- (II) a review of all safety or security as- report of the Audited Financial Statement posit of the United States instrument of sessments performed and the results of those for the fiscal year 2002; to the Committee on ratification, the President shall certify to assessments for existing nuclear facilities; the Judiciary. the appropriate committees of Congress that (III) a review of the safety and security of EC–1787. A communication from the Assist- the United States will: each nuclear facility using facility-specific ant Secretary, Legislative Affairs, Depart- (A) request copies of all national reports data and analysis showing trends of safety or ment of State, transmitting, pursuant to submitted pursuant to Article 32 of the Con- security significance and illustrated by par- law, the report relative to amending section vention; and ticular issues at each facility; 41.107(c)(1) of Part 22 of the Code of Federal (B) comment in each review meeting held (IV) a review of the position of the country Regulations, received on March 20, 2003; to pursuant to Article 30 of the Convention (in- as to the further operation of each nuclear the Committee on the Judiciary. cluding each meeting of a subgroup) upon as- facility in the country; EC–1788. A communication from the Sec- pects of safety significance in any report (V) an evaluation of the adequacy and ef- retary, Judicial Conference of the United submitted pursuant to Article 32 of the Con- fectiveness of the national legislative and States, transmitting, pursuant to law, the vention by a Contracting Party that is re- regulatory framework in place in the coun- report of a draft bill to create additional Ar- ceiving United States financial or technical try, including an assessment of the licensing ticle III judgeships and convert temporary assistance relating to the improvement of its system, inspection, assessment, and enforce- judgeships to permanent judgeships in the nuclear and radiological safety and security ment procedures governing the safety and se- U.S. court of appeals and district courts, re- practices. curity of nuclear facilities; ceived on March 26, 2003; to the Committee (2) COMPLETE REVIEW OF INFORMATION BY (VI) a description of the country’s on-site on the Judiciary. THE LEGISLATIVE BRANCH OF GOVERNMENT.— and off-site emergency preparedness; and EC–1789. A communication from the Pro- (A) UNDERSTANDING.—The United States (VII) the amount of financial and technical gram Manager, Bureau of Alcohol, Tobacco, understands that neither Article 36 nor any assistance relating to nuclear or radiological

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.048 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4629 safety or security improvement expended as By Mr. BINGAMAN (for himself and SUBMISSION OF CONCURRENT AND of the date of the report by the United Mrs. HUTCHISON): SENATE RESOLUTIONS States, including, to the extent feasible, an S. 752. A bill to amend the Internal Rev- The following concurrent resolutions itemization by nuclear facility, and the enue Code of 1986 to treat distributions from amount intended for expenditure by the and Senate resolutions were read, and publicly traded partnerships as qualifying in- referred (or acted upon), as indicated: United States on each such facility in the fu- come of regulated investment companies, ture. and for other purposes; to the Committee on By Mr. SUNUNU (for himself, Mr. (3) TREATY INTERPRETATION.—The Senate Finance. GREGG, Ms. SNOWE, and Ms. COLLINS): reaffirms condition (8) of the resolution of By Mr. HATCH (for himself, Mr. S. Res. 102. A resolution recognizing the ratification of the Document Agreed Among 40th anniversary of the sinking of the U.S.S. BREAUX, Mr. BAUCUS, and Mr. GRASS- the States Parties to the Treaty on Conven- Thresher (SSN 593); considered and agreed to. LEY): tional Armed Forces in Europe (CFE) of No- f vember 19, 1990 (adopted at Vienna on May S. 753. A bill to amend the Internal Rev- 31, 1996), approved by the Senate on May 14, enue Code of 1986 to provide for the mod- ADDITIONAL COSPONSORS ernization of the United States Tax Court, 1997, relating to condition (1) of the resolu- S. 91 tion of ratification of the Intermediate- and for other purposes; to the Committee on Finance. At the request of Mr. EDWARDS, his Range Nuclear Forces (INF) Treaty, ap- name was added as a cosponsor of S. 91, proved by the Senate on May 27, 1988. By Mr. FRIST: a bill to amend title 9, United States SEC. 3. DEFINITIONS. S. 754. A bill to amend the Public Health Code, to provide for greater fairness in As used in this resolution: Service Act to improve immunization rates (1) APPROPRIATE COMMITTEES OF CON- by increasing the distribution of vaccines the arbitration process relating to live- GRESS.—The term ‘‘appropriate committees and improving and clarifying the vaccine in- stock and poultry contracts. of Congress’’ means the Committee on For- jury compensation program, and for other S. 202 eign Relations of the Senate and the Com- purposes; to the Committee on Health, Edu- At the request of Mr. DEWINE, the mittee on International Relations of the cation, Labor, and Pensions. name of the Senator from New Hamp- House of Representatives. By Mr. BAUCUS (for himself, Mr. shire (Mr. GREGG) was added as a co- (2) CONTRACTING PARTY.—The term ‘‘Con- GRASSLEY, Mr. HATCH, Mr . THOMAS, sponsor of S. 202, a bill to amend the Mrs. LINCOLN, and Mr. ROCKEFELLER): tracting Party’’ means any nation that is a Internal Revenue Code of 1986 to allow party to the Convention. S. 755. A bill to amend the Internal Rev- as a deduction in determining adjusted (3) CONVENTION.—The term ‘‘Convention’’ enue Code of 1986 to provide a uniform defini- means the Convention on the Safety of Spent gross income that deduction for ex- tion of child, and for other purposes; to the penses in connection with services as a Fuel Management and on the Safety of Ra- Committee on Finance. dioactive Waste Management, done at Vi- By Mr. THOMAS (for himself and Mr. member of a reserve component of the enna on September 5, 1997 (Treaty Document GREGG): Armed Forces of the United States, to 1060948). allow employers a credit against in- (4) NUCLEAR FACILITY.—The term ‘‘nuclear S. 756. A bill to amend the Internal Rev- enue Code of 1986 to modify the qualified come tax with respect to employees facility’’ has the meaning given the term in who participate in the military reserve Article 2(f) of the Convention. small issue bond provisions; to the Com- components, and to allow a comparable (5) UNITED STATES INSTRUMENT OF RATIFICA- mittee on Finance. TION.—The term ‘‘United States instrument By Mr. CHAMBLISS (for himself, Mr. credit for participating reserve compo- of ratification’’ means the instrument of GRAHAM of South Carolina, Mr. nent self-employed individuals, and for ratification of the United States of the Con- MCCAIN, and Mr. ALLEN): other purposes. vention. S. 757. A bill entitled the ‘‘Guard and Re- S. 274 f serve Commanders Pay Equity Act’’; to the At the request of Mr. GRASSLEY, the Committee on Armed Services. name of the Senator from Texas (Mr. INTRODUCTION OF BILLS AND By Mr. LIEBERMAN (for himself, Ms. CORNYN) was added as a cosponsor of S. JOINT RESOLUTIONS SNOWE, Mr. DODD, Mr. ALLEN, Mrs. 274, a bill to amend the procedures that The following bills and joint resolu- CLINTON, Mr. HARKIN, and Mr. apply to consideration of interstate AKAKA): tions were introduced, read the first class actions to assure fairer outcomes and second times by unanimous con- S. 758. A bill to amend the Internal Rev- for class members and defendants, and sent, and referred as indicated: enue Code of 1986 to allow a credit against for other purposes. income tax for certain energy-efficient prop- By Mrs. CLINTON (for herself, Mr. erty; to the Committee on Finance. S. 349 SCHUMER, Mrs. FEINSTEIN, Ms. By Mr. DURBIN (for himself, Mr. AL- At the request of Mrs. FEINSTEIN, the LANDRIEU, Mrs. MURRAY, Ms. CANT- LARD, Mr. CONRAD, Mr. HARKIN, Mr. name of the Senator from California WELL, and Ms. COLLINS): JOHNSON, Mr. LEAHY, Mr. DORGAN, (Mrs. BOXER) was added as a cosponsor S. 749. A bill to authorize the Secretary of and Mr. JEFFORDS): the Interior to establish the Votes for of S. 349, a bill to amend title II of the Women History Trail in the State of New S. 759. A bill to amend the Internal Rev- Social Security Act to repeal the Gov- York; to the Committee on Energy and Nat- enue Code of 1986 to provide a tax credit for ernment pension offset and windfall ural Resources. individuals and businesses for the installa- elimination provisions. By Mr. MCCAIN (for himself, Mr. DODD, tion of certain wind energy property; to the S. 385 Committee on Finance. Mr. ALLEN, Mr. BREAUX, Mr. WARNER, At the request of Mr. EDWARDS, his By Mr. GRASSLEY (for himself, Mr. Mr. AKAKA, Mr. BENNETT, Mrs. LIN- name was added as a cosponsor of S. COLN, Ms. COLLINS, Mr. HOLLINGS, Mr. BAUCUS, Mr. DEWINE, Mr. DURBIN, 385, a bill to amend the Clean Air Act CHAFEE, Mr. FITZGERALD, Ms. Mr. GREGG, Mr. BINGAMAN, Mr. FEIN- LANDRIEU, Mr. BROWNBACK, Mr. GOLD, Ms. SNOWE, Mr. ROCKEFELLER, to eliminate methyl tertiary butyl CAMPBELL, Mr. HAGEL, Mr. ROBERTS, Mr. SANTORUM, and Mr. LEAHY): ether from the United States fuel sup- Mr. SARBANES, Mr. SMITH, and Ms. S. 760. A bill to implement effective meas- ply, to increase production and use of SNOWE): ures to stop trade in conflict diamonds, and renewable fuel, and to increase the Na- S. 750. A bill to amend title II of the Social for other purposes; to the Committee on Fi- tion’s energy independence, and for Security Act to increase the level of earn- nance. other purposes. ings under which no individual who is blind By Mrs. HUTCHISON: S. 413 is determined to have demonstrated an abil- ity to engage in substantial gainful activity S. 761. A bill to exclude certain land from At the request of Mr. NICKLES, the for purposes of determining disability; to the the John H. Chafee Coastal Barrier Re- name of the Senator from Oklahoma Committee on Finance. sources System; to the Committee on Envi- (Mr. INHOFE) was added as a cosponsor By Mr. BAUCUS (for himself, Mr. ronment and Public Works. of S. 413, a bill to provide for the fair By Mr. STEVENS: DASCHLE, Mr. JOHNSON, Mr. CAMP- and efficient judicial consideration of BELL, Mr. BINGAMAN, Mr. INOUYE, and S. 762. An original bill making supple- personal injury and wrongful death Mr. AKAKA): mental appropriations to support Depart- claims arising out of asbestos exposure, S. 751. A bill to amend part A of title IV of ment of Defense operations in Iraq, Depart- to ensure that individuals who suffer the Social Security Act to reauthorize and ment of Homeland Security, and Related Ef- improve the operation of temporary assist- forts for the fiscal year ending September 30, harm, now or in the future, from ill- ance to needy families programs operated by 2003, and for other purposes; from the Com- nesses caused by exposure to asbestos Indian tribes, and for other purposes; to the mittee on Appropriations; placed on the cal- receive compensation for their injuries, Committee on Finance. endar. and for other purposes.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.051 S01PT1 S4630 CONGRESSIONAL RECORD — SENATE April 1, 2003 S. 451 (Mrs. MURRAY) was added as a cospon- S. 712 At the request of Ms. SNOWE, the sor of S. 664, a bill to amend the Inter- At the request of Mr. MCCAIN, the names of the Senator from Oklahoma nal Revenue Code of 1986 to perma- name of the Senator from Georgia (Mr. (Mr. INHOFE) and the Senator from nently extend the research credit, to MILLER) was added as a cosponsor of S. South Dakota (Mr. DASCHLE) were increase the rates of the alternative in- 712, a bill to amend title 10, United added as cosponsors of S. 451, a bill to cremental credit, and to provide an al- States Code, to provide Survivor Ben- amend title 10, United States Code, to ternative simplified credit for qualified efit Plan annuities for surviving increase the minimum Survivor Ben- research expenses. spouses of Reserves not eligible for re- efit Plan basic annuity for surviving S. 669 tirement who die from a cause incurred spouses age 62 and older, to provide for or aggravated while on inactive-duty At the request of Ms. SNOWE, the a one-year open season under that training. names of the Senator from Florida (Mr. plan, and for other purposes. S. 718 GRAHAM), the Senator from Massachu- S. 457 At the request of Mr. MCCAIN, the setts (Mr. KENNEDY), and the Senator At the request of Mr. LEAHY, the names of the Senator from New Hamp- from Massachusetts (Mr. KERRY) were name of the Senator from Nebraska added as cosponsors of S. 669, a bill to shire (Mr. GREGG) and the Senator (Mr. NELSON) was added as a cosponsor from Georgia (Mr. MILLER) were added provide more child support money to of S. 457, a bill to remove the limita- as cosponsors of S. 718, a bill to provide families leaving welfare, to simplify tion on the use of funds to require a a monthly allotment of free telephone the rules governing the assignment and farm to feed livestock with organically calling time to members of the United distribution of child support collected produced feed to be certified as an or- States armed forces stationed outside by States on behalf of children, to im- ganic farm. the United States who are directly sup- prove the collection of child support, S. 480 porting military operations in Iraq or and for other purposes. At the request of Mr. HARKIN, the Afghanistan. S. 684 name of the Senator from Montana S. 718 (Mr. BURNS) was added as a cosponsor At the request of Mr. WYDEN, the At the request of Ms. COLLINS, her of S. 480, a bill to provide competitive name of the Senator from Minnesota name was added as a cosponsor of S. grants for training court reporters and (Mr. COLEMAN) was added as a cospon- 718, supra. closed captioners to meet requirements sor of S. 684, a bill to create an office S. 721 for realtime writers under the Tele- within the Department of Justice to At the request of Mr. ALLEN, the communications Act of 1996, and for undertake certain specific steps to en- names of the Senator from Montana other purposes. sure that all American citizens harmed (Mr. BURNS), the Senator from Alaska S. 518 by terrorism overseas receive equal (Mr. STEVENS), and the Senator from At the request of Ms. COLLINS, the treatment by the United States Gov- Georgia (Mr. MILLER) were added as co- name of the Senator from Rhode Island ernment regardless of the terrorists’ sponsors of S. 721, a bill to amend the (Mr. REED) was added as a cosponsor of country of origin or residence, and to Internal Revenue Code of 1986 to ex- S. 518, a bill to increase the supply of ensure that all terrorists involved in pand the combat zone income tax ex- pancreatic islet cells for research, to such attacks are pursued, prosecuted, clusion to include income for the pe- provide better coordination of Federal and punished with equal vigor, regard- riod of transit to the combat zone and efforts and information on islet cell less of the terrorists’ country of origin to remove the limitation on such ex- transplantation, and to collect the or residence. clusion for commissioned officers, and data necessary to move islet cell trans- S. 705 for other purposes. plantation from an experimental proce- At the request of Mr. MCCAIN, the S. 740 dure to a standard therapy. name of the Senator from Georgia (Mr. At the request of Mr. LIEBERMAN, the S. 544 CHAMBLISS) was added as a cosponsor of name of the Senator from North Da- At the request of Mr. DODD, the name S. 705, a bill to amend title 37, United kota (Mr. DORGAN) was added as a co- of the Senator from California (Mrs. States Code, to alleviate delay in the sponsor of S. 740, a bill to amend title BOXER) was added as a cosponsor of S. payment of the Selected Reserve reen- XVIII of the Social Security Act to im- 544, a bill to establish a SAFER Fire- listment bonus to members of Selected prove patient access to, and utilization fighter Grant Program. Reserve who are mobilized. of, the colorectal cancer screening ben- S. 554 S. 706 efit under the medicare program. At the request of Mr. GRASSLEY, the S. CON. RES. 6 At the request of Mr. MCCAIN, the name of the Senator from Texas (Mr. name of the Senator from Georgia (Mr. At the request of Ms. LANDRIEU, the CORNYN) was added as a cosponsor of S. name of the Senator from Nebraska CHAMBLISS) was added as a cosponsor of 554, a bill to allow media coverage of S. 706, a bill to amend title 10, United (Mr. HAGEL) was added as a cosponsor court proceedings. States Code, to provide Survivor Ben- of S. Con. Res. 6, a concurrent resolu- S. 558 efit Plan annuities for surviving tion expressing the sense of Congress At the request of Mr. MCCAIN, the spouses of Reserves not eligible for re- that a commemorative postage stamp should be issued in honor of Daniel name of the Senator from North Da- tirement who die from a cause incurred ONRAD ‘‘Chappie’’ James, the Nation’s first Af- kota (Mr. C ) was added as a co- or aggravated while on inactive-duty sponsor of S. 558, a bill to elevate the rican-American four-star general. training. position Director of the Indian Health S. CON. RES. 7 S. 709 Service within the Department of At the request of Mr. CAMPBELL, the Health and Human Services to Assist- At the request of Mrs. DOLE, the names of the Senator from Wisconsin ant Secretary for Indian Health, and names of the Senator from Tennessee (Mr. KOHL), the Senator from Maryland for other purposes. (Mr. FRIST) and the Senator from Wis- (Mr. SARBANES), and the Senator from S. 652 consin (Mr. FEINGOLD) were added as Massachusetts (Mr. KERRY) were added At the request of Mr. CHAFEE, the cosponsors of S. 709, a bill to award a as cosponsors of S. Con. Res. 7, a con- name of the Senator from Maine (Ms. congressional gold medal to Prime current resolution expressing the sense SNOWE) was added as a cosponsor of S. Minister Tony Blair. of Congress that the sharp escalation 652, a bill to amend title XIX of the So- S. 711 of anti-Semitic violence within many cial Security Act to extend modifica- At the request of Mr. MCCAIN, the participating States of the Organiza- tions to DSH allotments provided name of the Senator from Georgia (Mr. tion for Security and Cooperation in under the Medicare, Medicaid, and MILLER) was added as a cosponsor of S. Europe (OSCE) is of profound concern SCHIP Benefits Improvement and Pro- 711, a bill to amend title 37, United and efforts should be undertaken to tection Act of 2000. States Code, to alleviate delay in the prevent future occurrences. S. 664 payment of the Selected Reserve reen- S. CON. RES. 26 At the request of Mr. BAUCUS, the listment bonus to members of Selected At the request of Ms. LANDRIEU, the name of the Senator from Washington Reserve who are mobilized. names of the Senator from California

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.053 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4631 (Mrs. BOXER) and the Senator from STATEMENTS ON INTRODUCED ney. For young children and older Minnesota (Mr. COLEMAN) were added BILLS AND JOINT RESOLUTIONS Americans alike, it would serve as an as cosponsors of S. Con. Res. 26, a con- By Mrs. CLINTON (for herself, important reminder of how very far we current resolution condemning the Mr. SCHUMER, Mrs. FEINSTEIN, have come. The National Park Service has al- punishment of execution by stoning as Ms. LANDRIEU, Mrs. MURRAY, ready conducted a feasibility study a gross violation of human rights, and Ms. CANTWELL, and Ms. COL- about this trail. Their study concluded for other purposes. LINS): S. CON. RES. 27 S. 749. A bill to authorize the Sec- that the Votes for Women’s History At the request of Mr. BOND, the retary of the Interior to establish the Trail is of historical value, national names of the Senator from Wyoming Votes for Women History Trail in the significance, and possesses significant (Mr. THOMAS) and the Senator from State of New York; to the Committee potential for public use and enjoyment. Georgia (Mr. MILLER) were added as co- on Energy and Natural Resources. The study examined over 300 properties sponsors of S. Con. Res. 27, a concur- Mrs. CLINTON. Mr. President, today, and narrowed the list to the 20 of the rent resolution urging the President to I am introducing the Votes for Wom- most significant and easily accessible request the United States Inter- en’s History Trail Act today in honor to the public. national Trade Commission to take of Women’s History Month. I recognize I am proud to introduce this bill on certain actions with respect to the that this is a very difficult time in the behalf of Senators SCHUMER, FEINSTEIN, temporary safeguards on imports of history of our country. Our brave sol- LANDRIEU, CANTWELL, and MURRAY, and certain steel products, and for other diers are putting their lives on the line STABENOW. I look forward to working purposes. in a war halfway around the world. At with them and so many of my other S. CON. RES. 31 times like this it is important to re- colleagues to make the Votes for Wom- At the request of Mr. LIEBERMAN, the member our pioneers, the people who en’s History Trail a reality. names of the Senator from Pennsyl- fought for equality and liberty for all By Mr. MCCAIN (for himself, Mr. vania (Mr. SANTORUM), the Senator Americans. Their courage should serve DODD, Mr. ALLEN, Mr. BREAUX, from Colorado (Mr. ALLARD) and the as an inspiration at troubling times Mr. WARNER, Mr. AKAKA, Mr. Senator from Ohio (Mr. VOINOVICH) like these. were added as cosponsors of S. Con. The Votes for Women’s History Trail BENNETT, Mrs. LINCOLN, Ms. Res. 31, a concurrent resolution ex- Act would create a moving memorial COLLINS, Mr. HOLLINGS, Mr. pressing the outrage of Congress at the to the women’s suffrage movement in CHAFEE, Mr. FITZGERALD, Ms. treatment of certain American pris- upstate New York, home to many of LANDRIEU, Mr. BROWNBACK, Mr. oners of war by the Government of the most notable figures and events in CAMPBELL, Mr. HAGEL, Mr. ROB- Iraq. the fight for women’s suffrage. The ERTS, Mr. SARBANES, Mr. SMITH, and Ms. SNOWE): S. CON. RES. 31 Women’s Rights movement began in S. 750. A bill to amend title II of the At the request of Mr. LUGAR, his 1848 when the first Women’s Rights Social Security Act to increase the name was added as a cosponsor of S. Convention occurred in Seneca Falls, level of earnings under which no indi- Con. Res. 31, supra. NY. Although this convention was vidual who is blind is determined to AMENDMENT NO. 429 planned on very short notice, more have demonstrated an ability to engage At the request of Mr. ROCKEFELLER, than 300 people descended on Seneca in substantial gainful activity for pur- his name was added as a cosponsor of Falls to challenge the subordination of poses of determining disability; to the amendment No. 429 proposed to S. Con. women to men and call for equal Committee on Finance. Res. 23, an original concurrent resolu- rights. After the Seneca Falls convention, Mr. MCCAIN. Mr. President, I rise tion setting forth the congressional today to introduce an important piece budget for the United States Govern- the women’s movement, lead in large part by Elizabeth Cady Stanton and of legislation, which will have a tre- ment for fiscal year 2004 and including mendous impact on the lives of blind the appropriate budgetary levels for Susan B. Anthony, continued their ef- forts to break down barriers for people throughout the country. In 1996, fiscal year 2003 and for fiscal years 2005 with the passage of the Senior Citizens through 2013. women. At times, they suffered major setbacks. Susan B. Anthony was ar- Freedom to Work Act, Congress broke AMENDMENT NO. 429 rested when she tried to vote by claim- the historic 20-year link between blind At the request of Mr. LEAHY, his ing that the 14th amendment entitled people and senior citizens in regards to name was added as a cosponsor of her to as a ‘‘citizen.’’ In 1875, the the Social Security earnings. Pre- amendment No. 429 proposed to S. Con. United States Supreme Court upheld viously, that linkage to earnings limits Res. 23, supra. the decision, forcing the women’s helped many blind people become self- AMENDMENT NO. 429 movement to pursue a different strat- sufficient and productive members of At the request of Ms. MIKULSKI, her egy. They were undeterred and society. name was added as a cosponsor of launched statewide campaigns for vot- The Senior Citizens Freedom to Work amendment No. 429 proposed to S. Con. ing rights for women. Their efforts Act raised the earnings limit for sen- Res. 23, supra. eventually paved the way for the pas- iors, without giving blind people the AMENDMENT NO. 429 sage of the 19th amendment in 1920—72 same opportunity. My intent when I At the request of Mr. FEINGOLD, his years after the first Women’s Rights sponsored that legislation was not to name was added as a cosponsor of Convention. break the link between blind people amendment No. 429 proposed to S. Con. These pioneers believed that women and the senior population. Since then, Res. 23, supra. ought to be full and equal partners in I have worked with a bipartisan group AMENDMENT NO. 429 the social, cultural, religious, eco- of senators, in the spirit of fairness, to At the request of Mr. LAUTENBERG, nomic, educational, and political life. ensure that the blind population re- his name was added as a cosponsor of To a large degree, their vision has been ceives a raise in earnings limits, simi- amendment No. 429 proposed to S. Con. realized. But the journey is not com- lar to that afforded to seniors under Res. 23, supra. plete. Women still earn only $.73 for the 1996 Act. We must not continue AMENDMENT NO. 429 every dollar earned by men. They are policies which discourage blind individ- At the request of Mrs. BOXER, her still underrepresented in the highest uals from working and contributing to name was added as a cosponsor of levels of virtually every occupation our nation. I believe we should provide amendment No. 429 proposed to S. Con. and field, including the United States blind people with the opportunity to be Res. 23, supra. Congress. productive and ‘‘make it’’ on their AMENDMENT NO. 429 The Votes for Women’s History Trail own. At the request of Mr. DAYTON, his Act would create a fitting tribute to Today I am joined by my good friend name was added as a cosponsor of this critical period in our history and Senator DODD, and a bipartisan group amendment No. 429 proposed to S. Con. to the people whose strength and clar- of senators, in introducing the Blind Res. 23, supra. ity of vision led us through the jour- Empowerment Act of 2003. This bill is

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.055 S01PT1 S4632 CONGRESSIONAL RECORD — SENATE April 1, 2003 similar in purpose to the Blind Per- uitable treatment for our blind citizens past, the ‘‘Blind Empowerment Act of son’s Earnings Equity Act, which I and to give the blind community in- 2003.’’ This legislation would restore sponsored in previous Congresses. Over creased financial independence. Our the 20-year link between blind people a five year period of time, the Blind Nation would be better served if we re- and senior citizens with respect to the Empowerment Act raises the earnings store hope for the blind and provide Social Security earnings limit. It will exemption for blind persons to afford them with the freedom, opportunities have a tremendous impact on the lives them with greater flexibility to and fairness afforded to our Nation’s of many blind people, helping them be- achieve their professional and personal seniors. come more self-sufficient and produc- goals, without sacrificing Social Secu- I ask unanimous consent that the tive members of society. rity benefits. text of the Blind Empowerment Act of Today there are nearly 1.1 million The earnings test treatment of our 2003 be printed in the RECORD. Americans who are blind, with 75,000 blind and senior populations histori- There being no objection, the bill was more becoming blind each year. With cally has been identical. From 1977, ordered to be printed in the RECORD, as today’s technology, blind and visually- blind persons and senior citizens shared follows: impaired individuals can do just about the identical earnings exemption S. 750 anything. Blind people today are em- threshold under Title II of the Social Be it enacted by the Senate and House of Rep- ployed as farmers, lawyers, secretaries, Security Act. The earnings limit for resentatives of the United States of America in nurses, managers, childcare workers, the blind is currently $1,330 a month Congress assembled, social workers, teachers, librarians, for fiscal year (FY) 2003, had the link SECTION 1. SHORT TITLE. stockbrokers, accountants, and jour- not been broken in the Senior Citizens The Act may be cited as the ‘‘Blind Em- nalists, among many other things. The Freedom to Work Act, it would be powerment Act of 2003’’. Federal Government should do all $2,560 today. Senior citizens are now SEC. 2. INCREASE IN AMOUNT DEMONSTRATING within its power to facilitate and en- given unlimited opportunity to in- SUBSTANTIAL GAINFUL ACTIVITY IN courage the blind and visually-im- THE CASE OF BLIND INDIVIDUALS. paired to enter the workforce. Many crease their earnings without losing a Section 223(d)(4) of the Social Security Act portion of their Social Security bene- (42 U.S.C. 423(d)(4)) is amended— public and private initiatives provide fits. The blind, however, have been left (1) by striking the second sentence of sub- the technical advancement necessary behind. paragraph (A); and to educate and employ the blind at the The Social Security earnings test im- (2) by adding at the end the following new same level as their sighted peers. For poses as great a work disincentive for subparagraph: example, the National Federation of blind people as it once did for senior ‘‘(C)(i) No individual who is blind shall be the Blind, NFB, has created an insti- citizens. In fact, the earnings test prob- regarded as having demonstrated an ability tute to utilize technological advance- ably provides a greater aggregate dis- to engage in substantial gainful activity on ments for the blind in an effort to pro- the basis of monthly earnings in any taxable incentive for blind individuals because year that do not exceed an amount equal mote employment of the blind through- many blind beneficiaries are of work- to— out the nation. The NFB helps employ- ing age and are capable of valuable and ‘‘(I) in the case of earnings in the taxable ers provide adaptive technology, con- productive work. year beginning after December 31, 2002, and sultation, and training so that they Blindness is often associated with ad- before January 1, 2004, $1,330 per month; can better accommodate the needs of verse social and economic con- ‘‘(II) in the case of earnings in the taxable blind and visually-impaired employees. sequences. Many blind individuals who year beginning after December 31, 2003, and In 1996, Congress passed the Senior desperately want to work encounter before January 1, 2005, $1,720 per month; Citizens Freedom to Work Act, which ‘‘(III) in the case of earnings in the taxable broke the longstanding linkage be- enormous obstacles to achieve sus- year beginning after December 31, 2004, and tained employment or any employment before January 1, 2006, $2,110 per month; tween the treatment of blind people at all. They take great pride in being ‘‘(IV) in the case of earnings in the taxable and seniors under Social Security. This able to work and contribute to society. year beginning after December 31, 2005, and allowed the earnings limit to be raised By linking the blind with seniors in before January 1, 2007, $2,500 per month; and for seniors, but not for the blind. As a 1977, Congress provided a great deal of ‘‘(V) in the case of earnings in taxable result, blind people do not have the op- hope and an incentive for blind people years beginning after December 31, 2006, the portunity to increase their earnings to enter the work force. By not allow- dollar amount determined for purposes of without jeopardizing their Social Secu- this clause under clause (ii). rity benefits. In 2002, that limit was at ing blind individuals the opportunity ‘‘(ii) The Commissioner of Social Security to increase their earnings, as we have shall, on or before November 1 of 2006 and of $14,800. If a blind individual earns more for senior citizens, we are now taking every year thereafter, determine and publish than that, his or her Social Security that hope away from them. in the Federal Register the monthly dollar benefits are not protected. Blind people are likely to respond fa- amount for purposes of clause (i) in the case The purpose of the Senior Citizens vorably to an increase in the earnings of taxable years beginning with or during the Freedom to Work Act was to allow sen- test by working more, which will in- succeeding calendar year. Such dollar iors to continue contributing to soci- crease their tax payments and pur- amount shall be the larger of— ety as productive workers while still chasing power allowing the blind to ‘‘(I) the monthly dollar amount in effect receiving social security benefits. His- under clause (i) for taxable years beginning make a greater contribution to the with or during the calendar year in which torically, the earnings test treatment general economy. In addition, encour- the determination under this clause is made, of seniors and blind people has been aging blind individuals to work and al- or identical under Title II of the Social lowing them to work more without ‘‘(II) the product of $2,500 and the ratio of Security Act. With this legislation, we being penalized would bring additional the national average wage index (as defined must do the same for the blind popu- revenue into the Social Security trust in section 209(k)(1)) for the calendar year be- lation of America as we have done for funds as well as the federal Treasury. fore the year in which the determination the seniors. We must provide blind peo- I hope that this Congress will finally under this clause is made to the national av- ple the same opportunity to be produc- address issues regarding the overall erage wage index (as so defined) for 2004, with such product, if not a multiple of $10, tive and contribute to their own sta- structure of the Social Security system being rounded to the next higher multiple of bility. We must not discourage these and work towards solutions that will $10 where such amount is a multiple of $5 but individuals from working. strengthen the system for seniors of not of $10 and to the nearest multiple of $10 The current earnings test provides a today and tomorrow without placing in any other case.’’. disincentive for the blind population, an unfair burden on working Ameri- SEC. 3. EFFECTIVE DATE. many of whom are working age and ca- cans. It is absolutely crucial that we The amendments made by this Act shall pable of productive work. Work pro- include raising the earnings test for apply with respect to taxable years begin- vides one of the fundamental ways in- blind individuals as a part of any So- ning after December 31, 2002. dividuals express their talents and cial Security bill we enact this year. Mr. DODD. Mr. President, I rise allow them to make a contribution to I urge each of my colleagues to join today with my colleague from Arizona, society and to their loved ones. Blind me in sponsoring the Blind Empower- Senator JOHN MCCAIN, to reintroduce individuals face constant hurdles when ment Act of 2003, to restore fair and eq- legislation that we’ve sponsored in the it comes to employment. Parents,

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.062 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4633 teachers, or counselors may tell them One often overlooked important as- an important provision to allow States they can’t do it. Employers sometimes pect of the 1996 law is that it didn’t the same flexibility in designing wel- don’t even give them the opportunity just devolve authority to States—it fare-to-work programs on high unem- to try. But blind people and others also permitted Indian tribes to operate ployment reservations that tribes gain with severe visual impairments take their own welfare programs for the when they operate TANF programs. We great pride in being able to work, just first time. The new welfare program, must ensure all Indian families are like the rest of us. They are likely to Temporary Assistance for Needy Fami- able to get help when they need it. respond favorably to an increase in the lies, TANF, is very flexible. Tribes can Finally, there is the all-important earnings test because they want to take advantage of that flexibility to issue of economic development. A Gen- work. We don’t want to create yet an- design culturally-appropriate programs eral Accounting Office review of Cen- other hurdle to employment for blind to move people from welfare to work. sus Bureau data found that 25 of the 26 individuals with the Social Security This is smart policy and is consistent counties in the U.S. with a majority of earnings test. By allowing those with with the important value of tribal sov- American Indians had poverty rates visual impairments to work more with- ereignty. I support it. ‘‘significantly’’ higher than average. out penalty, we would increase both My own State of Montana is home to Welfare reform is about moving people their tax contribution and their pur- several tribes and I have given much to work. On most of our Indian reserva- chasing power. By doing so we would thought to how we can build upon the tions there is simply far too little work also bring additional funds into the So- provisions of the 1996 welfare law to to be had. Like everyone else, Indians cial Security trust fund and the Fed- help them and their members. Too want to work. We need to do better in eral Treasury. often in Montana—and elsewhere—pov- giving them the opportunity. I urge my colleagues to join me in erty has an Indian face. The numbers This legislation provides tribes with sponsoring this important legislation are cold and hard. According to the an expanded authority to issue bonds, to restore the fair and equal treatment Census Bureau, 25.9 percent of Amer- which will encourage additional eco- for the blind citizens of America. The ican Indians live in poverty, more than nomic activity on reservations, such as ‘‘Blind Empowerment Act of 2003’’ will twice the national poverty rate. The housing construction. This means more provide the blind population with the average household income for Indians jobs, as well as a better quality of life. same freedom and opportunities as our in 2000 was only 75 percent of that of It also includes grants to help tribes Nation’s seniors and the rest of the the rest of Americans. This is simply improve their own economic develop- citizens of this nation. not right. We must do better. Welfare ment strategies. Tribes with uniform reform needs to work for everyone. commercial codes and effective micro- By Mr. BAUCUS (for himself, Mr. Luckily, the provisions of the 1996 enterprise programs can see more busi- DASCHLE, Mr. JOHNSON, Mr. law provide a good start. Now we must ness activity on their lands. This bill CAMPBELL, Mr. BINGAMAN, Mr. build upon them. The legislation I in- helps tribes helps themselves. We need INOUYE, and Mr. AKAKA): troduce today, the product of extensive to let Indians find their own way to S. 751. A bill to amend part A of title dialogue and consultation, does that in prosperity, not impose top-down strat- IV of the Social Security Act to reau- several important ways. egies. But we must make sure they thorize and improve the operation of First, more than 30 tribes—including have the tools to get there. temporary assistance to needy families the Confederated Salish-Kootenai and This is an important bill. It includes programs operated by Indian tribes, Fort Belknap tribes of Montana—have other key provisions. One is a fine bill and for other purposes; to the Com- taken advantage of the opportunity to originally introduced by Senators mittee on Finance. operate their own TANF programs. DASCHLE and MCCAIN to allow tribes to Mr. BAUCUS. Mr. President, today, I This bill contains provisions to help receive direct Federal reimbursement am re-introducing the American Indian those tribes improve their programs. for operating foster care programs. An- Welfare Reform Act, an important step For example, under current law, tribes other provision funds research on trib- in improving the lives of this country’s operating TANF are not eligible for the al welfare reform programs so we can Native Americans. I originally intro- TANF high performance bonus or the learn what works as well as providing duced this bill last year and worked to TANF contingency fund while state funds for ‘‘peer-learning’’ so that tribes include important elements of it in the TANF programs are. This oversight is can learn from one another. I am a welfare reform reauthorization bill ap- rectified by this bill. strong supporter of welfare reform. We proved by the Finance Committee. Un- Second, there are many tribes inter- need to make sure it works for every- fortunately, we did not finish work on ested in operating TANF programs who one. This bill does that. welfare reform reauthorization. So I do not believe the current set-up allows I ask unanimous consent that a sum- am again offering this bill, with some them to do so. They want to exercise mary of the legislation be printed in improvements based on advice from their sovereignty and adapt their pro- the RECORD. tribes and other experts. I am glad to gram to better fit the needs of their There being no objection, the addi- be joined by Senators DASCHLE, JOHN- people. We should help them do so. To tional material was ordered to be SON, CAMPBELL, BINGAMAN, INOUYE, and that end, I propose creating a new printed in the RECORD, as follows: AKAKA. grant fund to improve tribal govern- SUMMARY OF THE AMERICAN INDIAN WELFARE In 1996 we enacted a sweeping welfare mental capacity. We have funded State REFORM ACT reform law. It was a long past-due fun- administrative capacity for decades, 1. FINDINGS damental change and ended a failed helping States buy computer systems The Federal Government bears a unique system for helping low-income families and train workers. We should do the trust responsibility for American Indians. in America. I was a strong supporter of same for tribal human services admin- Despite this responsibility, Indians remain that law. This year, we continue to istration. Under this bill, a tribe which remarkably impoverished. According to the work to reauthorize it. As we in the Fi- wants to operate TANF but needs to Census Bureau, 25.9 percent of American In- nance Committee have reviewed the dians live in poverty, more than twice the upgrade its computers to do it could re- national poverty rate. The average house- evidence I have been struck by how ceive the funding it needs—which will hold income for Indians in 2000 was only 75 successful it has been. The ranks of enable it to take over TANF. percent of that of the rest of Americans. In those dependent on welfare in this Third, there are some tribes not in- some states with substantial Indian popu- country has been reduced by half in terested in running a TANF program or lations the welfare caseload has become in- just five years. There is more to be a long time from being able to do it. creasingly Indian because some Indians face done, of course. Child poverty has de- Their low-income families will con- substantial barriers in moving from welfare clined but not by as much as the fall in tinue to receive assistance from State to work. A General Accounting Office review the welfare caseload, for example. I programs. I have included provisions to of Census Bureau data found that 25 of the 26 counties in the U.S. with a majority of plan to work with my Finance Com- facilitate State-tribe dialogue in these American Indians had poverty rates ‘‘signifi- mittee colleague Senator GRASSLEY on cases so that the state can better un- cantly’’ higher than average. Further, many comprehensive legislation to renew and derstand the unique circumstances of Indian tribes are located in isolated rural improve the 1996 law. each Indian reservation. There is also areas, far from economic opportunity. Tribal

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.064 S01PT1 S4634 CONGRESSIONAL RECORD — SENATE April 1, 2003

Temporary Assistance for Needy Families, III. TRIBAL TANF HIGH PERFORMANCE BONUS need is particularly acute given the remote TANF, programs have demonstrated remark- AND CONTINGENCY FUND ACCESS nature of many reservations. To assist Indi- able success in moving Indians from welfare There are separate sources of funding with- ans in acquiring reliable automobiles, a $10 to work. Tribal governments have not been in TANF that tribes do not have the ability million per year grant program would be cre- afforded equal opportunity to administer fos- to access. To better support tribal TANF ated, beginning in FY 2004. Tribes would be ter care and adoption assistance programs. programs, 3 percent of the current TANF given priority in receiving grants to create Welfare reform has not brought enough ‘‘high performance’’ bonus—or $6 million/ car ownership assistance programs. This pro- change to Indian Country. year—would be reserved for distribution to gram is based on a proposal originally put 2. THE TRIBAL TANF IMPROVEMENT FUND tribal TANF programs. The criteria would be forward by Senator Jeffords. The 1996 welfare reform law permits tribes determined by HHS through consultation V. TRIBAL JOB TRAINING PROGRAMS to opt to operate their own Temporary As- with tribes, but should involve effectiveness There are currently two tribal job training sistance for Needy Families, TANF, pro- in moving TANF recipients into employment programs, the NEW program and Welfare-to- grams. A new Tribal TANF Improvement and self-sufficiency. In addition, $50 million Work grantees. To simplify and better co-or- Fund of $500 million, to be available for 5 of the $2 billion TANF Contingency fund dinate programs, a new Tribal Employment years, would be created to build upon these would be reserved for tribal TANF programs Services Program, TESP, would be created programs and allow more tribes to start operating in situations of increased eco- in the Department of Labor by combining them. It would have four parts: nomic hardship. The criteria for tribal access the two programs. It would be funded at $37 Tribal Capacity Grants. State governments to the Contingency Fund would also be de- million annually and distributed to current have benefitted from decades of federal in- termined by HHS through consultation with Tribal NEW and Welfare-to-Work grantees as vestment in their administrative capacity, the tribes, but would include a worsening well as new applicants. TESP funds could be particularly in their information manage- economic condition, loss of reservation em- used for employment training efforts for ment systems. $185 million of the Fund ployers, or a loss of state match funding. In those on, or at-risk of being on, public assist- would be reserved for grants to improve trib- addition, current restrictions on the use of ance. Tribes could also use the funds to as- al human services program infrastructure, ‘‘carryover’’ TANF funds would be elimi- sist non-custodial parents of children on, or with a priority for management information nated, permitting tribes to spend prior year at risk of being on, public assistance. To en- systems and training. Tribes applying to op- TANF funds with just as much flexibility as courage state-tribal partnerships, TANF erate TANF would be given priority. Tribes current year TANF funds. funds transferred to tribal TESP programs already operating TANF, applying to operate IV. ECONOMIC DEVELOPMENT would be governed by TESP rules, not TANF IV-E foster care programs with direct federal There are four elements in the bill to stim- rules. The bill also clarifies that the single funding, and operating the new consolidated ulate more economic activity on economi- plan, single budget, and single reporting re- tribal job training program would also be eli- cally-depressed reservations. quirements of PL 102–477 should be respected. gible for grants. HHS would be required to Expanded tribal authority to issue tax-ex- VI. TRIBAL CHILD CARE assure that tribes of all sizes received fund- empt private activity bonds. Currently, The availability and quality of child care ing and to maximize the number of tribes tribes have a limited authority to issue pri- is basic to the success of welfare reform. which receive funding. Tribes would be eligi- vate activity bonds for ‘‘essential’’ govern- Tribal welfare reform efforts are no excep- ble for one grant per year. mental functions and for certain manufac- tion. The tribal set-aside within the Child Adjusted Tribal TANF Grants. Tribes turing-related purposes. This provision Care and Development Block Grant, CCDBG, which take over operation of TANF often ex- would allow bonds to be used for residential would be increased to 5 percent to better perience significant increases in caseload as rental properties and qualified mortgage support tribal welfare reform programs. HHS poor families apply for help for the first time bonds, spurring construction. In addition, would be required to go through a negotiated because they are more comfortable asking tribes could allocate authority for financing rulemaking process, in consultation with assistance from the tribe or simply because businesses that would qualify as enterprise tribal representatives, to determine an equi- they are more able to access services. Yet zone businesses if the reservation were a table allocation of the base funding among tribal TANF allocations are based on esti- zone. All property financed would have to be tribes. In addition, each tribe receiving mates of Indians served by state programs in on the reservation of the issuing tribal gov- CCDBG funding would develop their own 1994, which can leave the tribe facing funding ernment and qualified tribal governments health and safety standards, subject to ap- levels which are too low. To better support would have to have an unemployment rate of proval of HHS. Tribal child care programs families in tribal TANF programs, $140 mil- at least 20 percent. Casinos and certain other would have additional authority to use funds lion of the fund would be reserved for grants forms of businesses could not be financed by for construction and renovation. to tribal TANF programs where the tribe can the bonds. The authority would be for cal- VII. ‘‘EQUITABLE ACCESS’’ demonstrate it has a significantly higher endar years 2004–2008, and up to $10 million Many American Indians are—and will con- true caseload than originally estimated. total would be available for each qualifying tinue to be—served by state TANF programs. Tribes with cash assistance caseloads two tribe. years after beginning operation of a TANF Tribal Development Grants. A key part of States will be required to consult with tribes program which are 20 percent higher than tribal economic development is the invest- within their borders on TANF state plans. originally estimated would be eligible for ad- ment climate on the reservation. Tribes with Under current law, states are required to ditional funding. The funds would be allo- clear legal codes and which encourage micro- provide ‘‘equitable access’’ to services for In- cated proportionate to a tribe’s size and enterprise activities are more likely to gen- dians. State and tribal TANF plans would be service population as well as the caseload in- erate economic growth. To facilitate this, required to describe how ‘‘equitable access’’ crease, on the basis of a formula to be deter- the Administration for Native Americans is provided to encourage better State-tribal mined by HHS in consultation, by region, within HHS would receive $50 million to dis- co-operation. HHS would also be required to with tribes. The funding level would be $35 tribute in grants to tribes, tribal organiza- include in the annual TANF report to Con- million per year, from FY 2004–2007. tions and non-profit organizations to provide gress state-specific information on the demo- Tribal TANF MOE Incentive. A key factor technical assistance to tribes in the areas of: graphics and caseload characteristics of Indi- in tribes being able to operate TANF pro- Development and improvement of uniform ans served by state TANF programs. In addition, HHS would be required to con- grams has been the willingness and ability of commercial codes; creating or expanding vene a new advisory committee on the status states to contribute funding as part of the small business or micro-enterprise programs; of non-reservation Indians. Too little is broader state maintenance of effort, MOE, development and improvement of tort liabil- known about how these Indians are faring. requirement. To encourage states to do this, ity codes; creating or expanding tribal mar- The committee is to make recommendations up to an additional $160 million would be keting efforts; for-profit collaborative busi- for ensuring these Indians receive appro- available for ‘‘rebates’’ of TANF funds to ness networks; and telecommunications. states which provide MOE support to tribal Job Access and Reverse Commute Grants. priate assistance. The committee would in- TANF programs. For each $1 in MOE funds A lack of transportation often hinders tribal clude federal, state, and tribal representa- provided, the federal government would pro- economic development. To help address this tives as well as representatives of Indians vide an additional 50 cents in TANF funding need, tribes would be made directly eligible not residing on reservations. A majority of to the state. If funding is insufficient, HHS to receive Job Access and Reverse Commute those on the committee would be representa- would provide pro-rata funding to ensure grants from the federal Department of tives of Indians not residing on reservations. each state contributing MOE receives a Transportation, which would permit tribes GAO would also be required to conduct a share of the incentive funds. to pursue innovative TANF strategies study of the demographics of Indians not re- Technical Assistance. HHS would receive around transportation. A tribal set-aside of 3 siding on reservations, including economic $15 million to provide technical assistance to percent would be established in the program. and health information, as well as reviewing tribes. At least $5 million of these funds Matching funds could be provided by tribes their access to public benefits. would be reserved to support peer-learning on an in-kind basis or with other federal VIII. ‘‘JOBLESSNESS’’ programs among tribal administrators and funds, such as TANF. As acknowledged by the 1996 welfare law, at least $5 million would be reserved for Transportation Grants. A lack of transpor- the federal time limit on assistance is not an grants to tribes to conduct feasibility stud- tation also often hinders individual Indians appropriate policy on Indian reservations ies of their capacity to operate TANF. from moving from welfare-to-work. This with severe unemployment. This provision

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.056 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4635 would be adjusted so that the time limit will dian Country, much remains unknown about major U.S. stock exchanges; 14 of these not apply during months where the jobless- how it has impacted Native Americans. companies are headquartered in my ness is above 20 percent, provided that TANF Therefore, $2 million would be provided to home State, Texas. recipients are not in sanction status. In addi- HHS for research on tribal welfare programs Unfortunately, tax laws have not re- tion, in these areas of high joblessness, and efforts to reduce poverty among Amer- flected this change in the business and states would have flexibility to define work ican Indians in general. These funds could activities required for TANF participants, also be used to assist tribes in collecting financial worlds. Mutual funds are still provided the recipient is participating in ac- data. To expend the funds, HHS would first restricted in how much they can invest tivities in accordance with an Individual Re- have to issue a planned course of research in any partnership, including those sponsibility Plan and the state has included and consultation with the tribes. Research that are publicly traded. This signifi- information in its state plan describing its funding applicants which propose to include cantly impedes the ability of these policies in Indian Country areas of high job- tribal governments and tribal colleges in companies to raise capital. It limits lessness, Tribal TANF programs already their work would have priority. their ability to grow and create jobs. have flexibility in work activity definition. Publicly traded partnerships play an IX. ALASKA PROVISIONS By Mr. BINGAMAN (for himself important role in the economy. About The 1996 limits the ability of tribes in and Mrs. HUTCHISON): half are in the energy sector, actively S. 752. A bill to amend the Internal Alaska to design and operate programs. involved in building and operating in- Revenue Code of 1986 to treat distribu- These provisions involving differential treat- frastructure to gather, process and ment for Alaskan Natives, such as those re- tions from publicly traded partnerships quiring tribal TANF programs to be ‘‘com- transport oil and natural gas. These as qualifying income of regulated in- partnerships also include timber and parable’’ to the state program, would be re- vestment companies, and for other pur- moved. real estate companies. It is clear we poses; to the Committee on Finance. need a healthy energy sector to ensure X. TRIBAL FOSTER CARE PROGRAMS Mr. BINGAMAN. Mr. President, I rise the availability of oil and gas at rea- Due to a long-standing oversight, tribes today with my colleague from Texas, are not allowed to receive direct federal re- sonable prices. Senator HUTCHISON to introduce legis- imbursement when they operate foster care The bill Senator BINGAMAN and I in- programs to take care of abused and ne- lation that will allow publicly traded troduce today will lead to a dramatic glected children. The provisions of S. 331, the partnerships to sell their stock to mu- increase in the flow of capital to these Daschle-McCain legislation to rectify this tual funds so they can raise sufficient companies. Mutual funds, which often oversight and allow tribes to receive direct capital for new investments in pipe- purchase a majority of equity offer- federal funding to operate foster care pro- lines and infrastructure. Because of ings, will be able to participate in grams, are included. current restrictions, publicly traded stock offerings from publicly traded XI. FOOD STAMPS, MEDICAID, AND SCHIP partnerships are hindered in their abil- partnerships. This will expand the in- Up to 10 tribes operating TANF programs ity to sell their equity to mutual funds vestor base and lower the cost of cap- could receive waivers to perform eligibility even though their equity is sold on ital, ultimately helping to lower en- determinations and/or operate Food Stamps, public exchanges. The overwhelming Medicaid, and the State Children’s Health ergy prices. Insurance Program, SCHIP, as well. Match- majority of these partnerships are en- Our bill will also provide millions of ing requirements could be waived but not ergy-related companies that need the investors an opportunity, through their program integrity requirements. In addition, ability to raise capital from mutual mutual funds, to participate in another the programs would remain consistent with funds to build pipelines and other fa- investment opportunity if their profes- state rules. However, tribes would be able to cilities. This legislation would be a sional mutual fund managers believe it demonstrate their ability to operate these strong shot in the arm for the economy is an attractive investment. programs and to serve low-income Indian as it encourages companies to begin It is wrong for the Federal Govern- families better. new projects that are currently on hold ment to use the tax code to make deci- XII. CHILD SUPPORT ENFORCEMENT for lack of capital. It also provides us sions for investors. The bill we are in- HHS would be required to promulgate final with the ability to expand our pipeline troducing will modernize our tax laws regulations concerning tribal child support so families can make their own finan- programs within one year of enactment. In network to meet our current demands addition, HHS would be required to submit a for natural gas. I look forward to work- cial planning decisions. This legisla- report to Congress on the most appropriate ing with my colleagues to advance this tion will also provide an important ways of including tribal programs in the important legislation. source of capital for key areas of the methodology of determining child support Mrs. HUTCHISON. Mr. President, I economy. I hope my colleagues will incentive payments. am pleased to introduce a bill with support this long overdue improve- XIII. ‘‘BREAK THE CYCLE’’ DEMONSTRATION Senator BINGAMAN that takes an im- ment. PROGRAM portant step toward modernizing the By Mr. HATCH (for himself, Mr. Inter-generational poverty is a frequent Internal Revenue Code. occurrence on Indian reservations. In an ef- Decades ago, investment companies BREAUX, Mr. BAUCUS, and Mr. fort to reach the children of TANF recipi- RASSLEY): which manage mutual funds were lim- G ents, a ‘‘Break the Cycle’’ demonstration S. 753. A bill to amend the internal program would be created. Up to 10 tribes ited in the amount of income they Revenue Code of 1986 to provide for the would receive grants to develop programs could receive from investments in part- modernization of the United States aimed at ensuring children of TANF recipi- nerships. Tax Court, and for other purposes; to ents complete high school or receive G.E.D.s. At the time, this restriction was es- the Committee on Finance. The tribes would submit proposals involving tablished to address legitimate con- mentoring, tutoring, altering TANF rules, or Mr. HATCH. Mr. President, I rise cerns and protect the interests of in- today to introduce the Tax Court Mod- teen pregnancy prevention towards this goal, vestors. Ownership interests in part- and could collaborate with States. It would ernization Act. I am joined in this leg- be authorized at $20 million per year for FY nerships can be illiquid, so it is dif- islation by my colleague Senator 2005–2008. ficult to get one’s money out of the in- BREAUX, and by the Chairman and XIV. SOCIAL SERVICES BLOCK GRANT (SSBG) vestment. Partnerships are also not re- Ranking Democrat of the Finance SSBG is an important source of flexible quired to be transparent in their finan- Committee, Senator GRASSLEY and funding to address the needs of the elderly, cial statements, so it could be difficult Senator BAUCUS. disabled, and low-income families. But tribes for investors to accurately assess a The United States Tax Court plays do not currently receive SSBG funds. Under business an important role in our tax system. this bill, when funding for SSBG exceeds $2.4 However, the world has changed. However, it has been years since Con- billion in a year, $10 million plus 2 percent of Some partnerships have been able to go gress has taken a good hard look at the all funds beyond $2.4 billion is reserved for public and offer shares on the stock Tax Court. This bipartisan piece of leg- tribes. All tribes operating social service markets, so the problem of liquidity is programs would be eligible for a share. HHS islation will improve this Court in a is required to develop a distribution formula solved. By going public, they must number of ways, and I would like to through a consultation process with the meet much higher standards of finan- take a moment to summarize some of tribes. cial transparency, including regularly its provisions. XV. RESEARCH publishing audited financial state- First, the TCMA would make minor While there have been a handful of impor- ments for investors. Currently, 50 pub- changes in the Tax Court’s jurisdic- tant initial studies of welfare reform in In- licly traded partnerships trade on tion. These are small changes that will

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.060 S01PT1 S4636 CONGRESSIONAL RECORD — SENATE April 1, 2003 have a big impact on the Court’s effi- I also want to thank Senators example, 44 million taxpayers claimed ciency. For example, the bill would BREAUX and HATCH for their efforts in the dependency exemption in the 2001 allow the Tax Court to hire employees moving this legislation forward. The tax year. The IRS also indicates that a on its own, just as other courts do. Cur- Finance Committee intends to markup significant portion of the issued math rently, the Tax Court is forced to hire the Tax Court Modernization Act to- error notices are attributable to these through the Executive Branch’s Office morrow. It is my hope that the Com- five provisions of the Internal Revenue of Personnel Management, entangling mittee favorably reports the legisla- Code. In 1999, for example, 44 percent of the executive power with the judicial tion. I also hope that, soon after Com- the 7.6 million math error notices were power. Restoring the constitutional mittee action, Majority Leader FRIST attributable to these provisions—40 separation of powers in the hiring proc- and Minority Leader DASCHLE bring percent of the total math error notices ess will increase the independence of the Tax Court Modernization Act to were attributable the dependency ex- the Tax Court. the floor for swift passage. emption, the child tax credit and the Second, the TCMA would improve the earned income tax credit alone. way that Tax Court judges receive re- By Mr. BAUCUS (for himself, Mr. The legislation reduces complexity tirement benefits and other non-salary GRASSLEY, Mr. HATCH, Mr. through reconciliation of the varying benefits. I believe that Tax Court THOMAS, Mrs. LINCOLN, and Mr. child definitions into a single defini- judges should be treated the same way ROCKFELLER): tion for a ‘‘qualifying child.’’ The uni- that bankruptcy, Court of Federal S. 755. A bill to amend the Internal form child definition generally estab- Claims, and Article III judges are Revenue Code of 1986 to provide a uni- lishes eligibility for all five tax bene- form definition of child, and for other treated when it comes to fringe bene- fits if the child meets the age require- purposes; to the Committee on Fi- fits. ments described below, a relationship Tax Court judges are often not pro- nance. requirement, and a residency require- Mr. BAUCUS. Mr. President, today vided with the same benefits as simi- ment—i.e., the child has the same prin- Senator GRASSLEY and I are taking a larly appointed Article I and Article III cipal place of abode as the taxpayer for significant step forward in our efforts judges. For example, Congress allows more than one-half the taxable year. to simplify the tax code. Today, we are The residency requirement is an im- Article III, bankruptcy, and Court of introducing an important simplifica- portant departure from current law in Federal Claims judges to participate in tion legislation—the Uniform Defini- which the child tax benefits frequently the Thrift Savings Plan in addition to tion of Child Act. rely upon financial support tests which the Civil Service Retirement System, This legislation is based on the sup- impose significantly higher adminis- while Tax Court judges are ineligible port of many for simplification in this trative burdens in the form of addi- to participate in this program. These area of the tax law. The President’s FY tional record-keeping not otherwise re- disparities in the treatment of our Tax 2004 budget, which was released on quired under the tax law. The legisla- Court judges affect the Court’s ability April 15, 2002, includes a simplification tion also preserves the tax rights of to attract and retain seasoned judges, proposal to provide a uniform defini- children who provide more than half of as well as talented employees. tion of a qualifying child. This is the their own support by excluding those I have spent many years observing first in a series of Department of children from the uniform definition of the Federal judiciary. I have spent Treasury ‘‘white papers’’ on simplifica- a qualifying child. many years trying to improve the Ju- tion. The underlying policy objectives of dicial Branch of our government and to The concept of a uniform definition the present law provisions are retained. make it the very finest court system of qualifying child also enjoys support For example, the legislation retains the world has ever known. I look for- from the American Bar Association, underlying policy by not adjusting the ward to working with my colleagues on the American Institute of CPAs, the ages of qualification—i.e., under age the Senate Finance Committee on this Tax Executives Institute, the Internal for the dependent care credit, under important piece of legislation. I urge Revenue Service’s Taxpayer Advocate, age 17 for the child tax credit, and my colleagues, both on the Finance and staff of the Joint Committee on under age 19—or age 24 if a full-time Committee and in the Senate as a Taxation. student for the dependency exemption, whole, to support this legislation. Under current law, the complexity in the earned income tax credit, and head Mr. BAUCUS. Mr. President, I rise this area is daunting. There are five of household filing status. today to support the Tax Court Mod- commonly used provisions that provide The legislation applies a single rela- ernization Act. I am pleased to be an benefits to taxpayers with children: the tionship test to the varying Code sec- original cosponsor of this important dependency exemption, the child cred- tions. Significantly, the proposal re- legislation. it, the earned income credit, the de- tains current law as an alternative to In 1969, Congress elevated the U.S. pendent care credit, and head of house- the extent that a person does not meet Tax Court as a Federal court of record hold filing status. the revised uniform child definition— under Article I of the Constitution of Each of the five provisions uses vari- e.g., an elderly parent can still be the United States. ations of four principal criteria to de- claimed for purposes of the dependency Congress created the Tax Court to termine whether a taxpayer qualifies exemption. provide a judicial forum in which af- for applicable tax benefits with respect Under the Uniform Definition of fected persons could dispute tax defi- to a particular child: age of the child, Child Act, there will be instances in ciencies determined by the Commis- relationship of the child to the tax- which multiple taxpayers qualify with sioner of the Internal Revenue Service payer, residency of the child with the respect to a given child. To address prior to payment of the disputed taxpayer, and the amount of financial this issue, the proposal extends the amounts. That means that the Tax support provided the child by the tax- present law earned income credit tie- Court’s jurisdictional requirements payer. breaker rule to the other benefits for are, in part, a recognition that lower Thus, a taxpayer is required to apply multiple eligible claimants. That rule and middle income taxpayers cannot different definitions with respect to the awards the tax benefit (i) to a parent necessarily pay the tax deficiency be- same child when determining eligi- over a non-parent, (ii) to the parent fore taking their dispute to court. bility for these provisions. A taxpayer with longer residency or the highest Congress also closely linked the leg- who qualifies with respect to a child AGI if residency is not determinative islation governing the Tax Court with for one provision does not necessarily between parents, and (iii) to the tax- the laws governing the Article III Dis- qualify for another. As a result, publi- payer with the highest AGI if all claim- trict Courts. Unfortunately, the Con- cations, forms, instructions and sched- ants are non-parents. Finally, the leg- gress did not include the Tax Court in ules that are applicable to child related islation continues to allow divorced or the changes made for Article III courts. provisions number about 200 pages for separated spouses to assign the depend- This legislation is designed to restore the preparation of an individual in- ency exemption and the child tax cred- parity between the Tax Court and Arti- come tax return. it to non-custodial parents provided cle III courts, and to modernize their A tremendous number of families are that certain support and residency personnel and pension systems. impacted by these Code provisions. For tests are met.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.063 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4637 Simplification of the tax code should endar year in which the taxable year of the ‘‘(G) A son-in-law, daughter-in-law, father- be more than just rhetoric. It is time taxpayer begins. in-law, mother-in-law, brother-in-law, or sis- for us to put legislation behind our ‘‘(2) RELATIONSHIP TEST.—For purposes of ter-in-law. words. We intend to continue to look paragraph (1)(A), an individual bears a rela- ‘‘(H) An individual (other than an indi- tionship to the taxpayer described in this at other areas of the tax code in need vidual who at any time during the taxable paragraph if such individual is— year was the spouse, determined without re- of simplification. ‘‘(A) a child of the taxpayer or a descend- gard to section 7703, of the taxpayer) who, for Senator GRASSLEY and I also want to ant of such a child, or the taxable year of the taxpayer, has as such thank our Finance Committee col- ‘‘(B) a brother, sister, stepbrother, or step- individual’s principal place of abode the leagues, Senators HATCH, THOMAS and sister of the taxpayer or a descendant of any home of the taxpayer and is a member of the LINCOLN, for their support of the Uni- such relative. taxpayer’s household. form Definition of Child Act of 2003. ‘‘(3) AGE REQUIREMENTS.— ‘‘(3) SPECIAL RULE RELATING TO MULTIPLE Simplification of the tax laws for the ‘‘(A) IN GENERAL.—For purposes of para- SUPPORT AGREEMENTS.—For purposes of para- families of our nation is not partisan, graph (1)(C), an individual meets the require- graph (1)(C), over one-half of the support of it is not political, it is simply common ments of this paragraph if such individual— an individual for a calendar year shall be ‘‘(i) has not attained the age of 19 as of the treated as received from the taxpayer if— sense. close of the calendar year in which the tax- Mr. President, I ask unanimous con- ‘‘(A) no one person contributed over one- able year of the taxpayer begins, or half of such support, sent that the Uniform Definition of ‘‘(ii) is a student who has not attained the ‘‘(B) over one-half of such support was re- Child Act of 2003 be printed in the age of 24 as of the close of such calendar ceived from 2 or more persons each of whom, year. RECORD. but for the fact that any such person alone ‘‘(B) SPECIAL RULE FOR DISABLED.—In the There being no objection, the bill was did not contribute over one-half of such sup- case of an individual who is permanently and ordered to be printed in the RECORD, as port, would have been entitled to claim such totally disabled (as defined in section follows: individual as a dependent for a taxable year 22(e)(3)) at any time during such calendar S. 755 beginning in such calendar year, year, the requirements of subparagraph (A) Be it enacted by the Senate and House of Rep- shall be treated as met with respect to such ‘‘(C) the taxpayer contributed over 10 per- resentatives of the United States of America in individual. cent of such support, and ‘‘(D) each person described in subparagraph Congress assembled, ‘‘(4) SPECIAL RULE RELATING TO 2 OR MORE (B) (other than the taxpayer) who contrib- SECTION 1. SHORT TITLE. CLAIMING QUALIFYING CHILD.— uted over 10 percent of such support files a This Act may be cited as the ‘‘Uniform ‘‘(A) IN GENERAL.—Except as provided in Definition of Child Act of 2003’’. subparagraph (B) and subsection (e), if (but written declaration (in such manner and SEC. 2. UNIFORM DEFINITION OF CHILD, ETC. for this paragraph) an individual may be form as the Secretary may by regulations Section 152 of the Internal Revenue Code of claimed as a qualifying child by 2 or more prescribe) that such person will not claim 1986 is amended to read as follows: taxpayers for a taxable year beginning in the such individual as a dependent for any tax- ‘‘SEC. 152. DEPENDENT DEFINED. same calendar year, such individual shall be able year beginning in such calendar year. ‘‘(a) IN GENERAL.—For purposes of this sub- treated as the qualifying child of the tax- ‘‘(4) SPECIAL RULE RELATING TO INCOME OF title, the term ‘dependent’ means— payer who is— HANDICAPPED DEPENDENTS.— ‘‘(1) a qualifying child, or ‘‘(i) a parent of the individual, or ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(2) a qualifying relative. ‘‘(ii) if clause (i) does not apply, the tax- graph (1)(B), the gross income of an indi- ‘‘(b) EXCEPTIONS.—For purposes of this sec- payer with the highest adjusted gross income vidual who is permanently and totally dis- tion— for such taxable year. abled (as defined in section 22(e)(3)) at any ‘‘(1) DEPENDENTS INELIGIBLE.—If an indi- ‘‘(B) MORE THAN 1 PARENT CLAIMING QUALI- time during the taxable year shall not in- vidual is a dependent of a taxpayer for any FYING CHILD.—If the parents claiming any clude income attributable to services per- taxable year of such taxpayer beginning in a qualifying child do not file a joint return to- formed by the individual at a sheltered calendar year, such individual shall be treat- gether, such child shall be treated as the workshop if— ed as having no dependents for any taxable qualifying child of— ‘‘(i) the availability of medical care at year of such individual beginning in such ‘‘(i) the parent with whom the child resided such workshop is the principal reason for the calendar year. for the longest period of time during the tax- individual’s presence there, and ‘‘(2) MARRIED DEPENDENTS.—An individual able year, or ‘‘(ii) the income arises solely from activi- shall not be treated as a dependent of a tax- ‘‘(ii) if the child resides with both parents ties at such workshop which are incident to payer under subsection (a) if such individual for the same amount of time during such such medical care. has made a joint return with the individual’s taxable year, the parent with the highest ad- ‘‘(B) SHELTERED WORKSHOP DEFINED.—For spouse under section 6013 for the taxable justed gross income. purposes of subparagraph (A), the term ‘shel- year beginning in the calendar year in which ‘‘(d) QUALIFYING RELATIVE.—For purposes tered workshop’ means a school— the taxable year of the taxpayer begins. of this section— ‘‘(i) which provides special instruction or ‘‘(3) CITIZENS OR NATIONALS OF OTHER COUN- ‘‘(1) IN GENERAL.—The term ‘qualifying rel- training designed to alleviate the disability TRIES.— ative’ means, with respect to any taxpayer of the individual, and ‘‘(A) IN GENERAL.—The term ‘dependent’ for any taxable year, an individual— ‘‘(ii) which is operated by an organization does not include an individual who is not a ‘‘(A) who bears a relationship to the tax- described in section 501(c)(3) and exempt citizen or national of the United States un- payer described in paragraph (2), from tax under section 501(a), or by a State, less such individual is a resident of the ‘‘(B) whose gross income for the calendar a possession of the United States, any polit- United States or a country contiguous to the year in which such taxable year begins is ical subdivision of any of the foregoing, the United States. less than the exemption amount (as defined United States, or the District of Columbia. ‘‘(B) EXCEPTION FOR ADOPTED CHILD.—Sub- in section 151(d)), ‘‘(5) SPECIAL SUPPORT TEST IN CASE OF STU- paragraph (A) shall not exclude any child of ‘‘(C) with respect to whom the taxpayer DENTS.—For purposes of paragraph (1)(C), in a taxpayer (within the meaning of subsection provides over one-half of the individual’s the case of an individual who is— (f)(1)(B)) from the definition of ‘dependent’ support for the calendar year in which such ‘‘(A) a child of the taxpayer, and if— taxable year begins, and ‘‘(B) a student, ‘‘(i) for the taxable year of the taxpayer, ‘‘(D) who is not a qualifying child of such amounts received as scholarships for study the child’s principal place of abode is the taxpayer or of any other taxpayer for any at an educational organization described in home of the taxpayer, and taxable year beginning in the calendar year section 170(b)(1)(A)(ii) shall not be taken into ‘‘(ii) the taxpayer is a citizen or national of in which such taxable year begins. account in determining whether such indi- the United States. ‘‘(2) RELATIONSHIP.—For purposes of para- vidual received more than one-half of such ‘‘(c) QUALIFYING CHILD.—For purposes of graph (1)(A), an individual bears a relation- individual’s support from the taxpayer. this section— ship to the taxpayer described in this para- ‘‘(6) SPECIAL RULES FOR SUPPORT.—For pur- ‘‘(1) IN GENERAL.—The term ‘qualifying graph if the individual is any of the fol- poses of this subsection— child’ means, with respect to any taxpayer lowing with respect to the taxpayer: ‘‘(A) payments to a spouse which are in- for any taxable year, an individual— ‘‘(A) A child or a descendant of a child. cludible in the gross income of such spouse ‘‘(A) who bears a relationship to the tax- ‘‘(B) A brother, sister, stepbrother, or step- under section 71 or 682 shall not be treated as payer described in paragraph (2), sister. a payment by the payor spouse for the sup- ‘‘(B) who has the same principal place of ‘‘(C) The father or mother, or an ancestor port of any dependent, abode as the taxpayer for more than one-half of either. ‘‘(B) amounts expended for the support of a of such taxable year, ‘‘(D) A stepfather or stepmother. child or children shall be treated as received ‘‘(C) who meets the age requirements of ‘‘(E) A son or daughter of a brother or sis- from the noncustodial parent (as defined in paragraph (3), and ter of the taxpayer. subsection (e)(3)(B)) to the extent that such ‘‘(D) who has not provided over one-half of ‘‘(F) A brother or sister of the father or parent provided amounts for such support, such individual’s own support for the cal- mother of the taxpayer. and

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.080 S01PT1 S4638 CONGRESSIONAL RECORD — SENATE April 1, 2003

‘‘(C) in the case of the remarriage of a par- which the taxable year of the taxpayer be- (b) CONFORMING AMENDMENTS.— ent, support of a child received from the par- gins— (1) Section 2(b)(2) of the Internal Revenue ent’s spouse shall be treated as received from ‘‘(A) is a full-time student at an edu- Code of 1986 is amended by striking subpara- the parent. cational organization described in section graph (A) and by redesignating subpara- ‘‘(e) SPECIAL RULE FOR DIVORCED PAR- 170(b)(1)(A)(ii), or graphs (B), (C), and (D) as subparagraphs (A), ENTS.— ‘‘(B) is pursuing a full-time course of insti- (B), and (C), respectively. ‘‘(1) IN GENERAL.—Notwithstanding sub- tutional on-farm training under the super- (2) Clauses (i) and (ii) of section 2(b)(3)(B) section (c)(4) or (d)(1)(C), if— vision of an accredited agent of an edu- of such Code are amended to read as follows: ‘‘(A) a child receives over one-half of the cational organization described in section ‘‘(i) subparagraph (H) of section 152(d)(2), child’s support during the calendar year 170(b)(1)(A)(ii) or of a State or political sub- or from the child’s parents— division of a State. ‘‘(ii) paragraph (3) of section 152(d).’’. ‘‘(i) who are divorced or legally separated ‘‘(3) PLACE OF ABODE.—An individual shall SEC. 4. MODIFICATIONS OF DEPENDENT CARE under a decree of divorce or separate mainte- not be treated as having the same principal CREDIT. nance, place of abode of the taxpayer if at any time (a) IN GENERAL.—Section 21(a)(1) of the In- ‘‘(ii) who are separated under a written during the taxable year of the taxpayer the ternal Revenue Code of 1986 is amended by separation agreement, or relationship between the individual and the striking ‘‘In the case of an individual who ‘‘(iii) who live apart at all times during the taxpayer is in violation of local law. maintains a household which includes as a last 6 months of the calendar year, and ‘‘(4) BROTHER AND SISTER.—The terms member one or more qualifying individuals ‘‘(B) such child is in the custody of 1 or ‘brother’ and ‘sister’ include a brother or sis- (as defined in subsection (b)(1))’’ and insert- ter by the half blood. both of the child’s parents for more than 1⁄2 ing ‘‘In the case of an individual for which of the calendar year, ‘‘(5) TREATMENT OF MISSING CHILDREN.— there are 1 or more qualifying individuals (as such child shall be treated as being the ‘‘(A) IN GENERAL.—Solely for the purposes defined in subsection (b)(1)) with respect to qualifying child or qualifying relative of the referred to in subparagraph (B), a child of such individual’’. noncustodial parent for a calendar year if the taxpayer— (b) QUALIFYING INDIVIDUAL.—Paragraph (1) the requirements described in paragraph (2) ‘‘(i) who is presumed by law enforcement of section 21(b) of the Internal Revenue Code authorities to have been kidnapped by some- are met. of 1986 is amended to read as follows: one who is not a member of the family of ‘‘(2) REQUIREMENTS.—For purposes of para- ‘‘(1) QUALIFYING INDIVIDUAL.—The term such child or the taxpayer, and graph (1), the requirements described in this ‘qualifying individual’ means— ‘‘(ii) who had, for the taxable year in which paragraph are met if— ‘‘(A) a dependent of the taxpayer (as de- the kidnapping occurred, the same principal ‘‘(A) a decree of divorce or separate main- fined in section 152(a)(1)) who has not at- place of abode as the taxpayer for more than tenance or written agreement between the tained age 13, one-half of the portion of such year before parents applicable to the taxable year begin- ‘‘(B) a dependent of the taxpayer who is the date of the kidnapping, ning in such calendar year provides that— physically or mentally incapable of caring shall be treated as meeting the requirement ‘‘(i) the noncustodial parent shall be enti- for himself or herself and who has the same of subsection (c)(1)(B) with respect to a tax- tled to any deduction allowable under sec- principal place of abode as the taxpayer for payer for all taxable years ending during the more than one-half of such taxable year, or tion 151 for such child, or period that the individual is kidnapped. ‘‘(ii) the custodial parent will sign a writ- ‘‘(C) the spouse of the taxpayer, if the ‘‘(B) PURPOSES.—Subparagraph (A) shall spouse is physically or mentally incapable of ten declaration that such parent will not apply solely for purposes of determining— caring for himself or herself and who has the claim such child as a dependent for such tax- ‘‘(i) the deduction under section 151(c), same principal place of abode as the tax- able year, and ‘‘(ii) the credit under section 24 (relating to payer for more than one-half of such taxable ‘‘(B) in the case of such an agreement exe- child tax credit), year.’’. cuted before January 1, 1985, the noncusto- ‘‘(iii) whether an individual is a surviving (c) CONFORMING AMENDMENT.—Paragraph dial parent provides at least $600 for the sup- spouse or a head of a household (as such (1) of section 21(e) of the Internal Revenue port of such child during such calendar year. terms are defined in section 2), and Code of 1986 is amended to read as follows: ‘‘(3) CUSTODIAL PARENT AND NONCUSTODIAL ‘‘(iv) the earned income credit under sec- PARENT.—For purposes of this subsection— tion 32. ‘‘(1) PLACE OF ABODE.—An individual shall not be treated as having the same principal ‘‘(A) CUSTODIAL PARENT.—The term ‘custo- ‘‘(C) COMPARABLE TREATMENT OF CERTAIN place of abode of the taxpayer if at any time dial parent’ means the parent with whom a QUALIFYING RELATIVES.—For purposes of this child shared the same principal place of section, a child of the taxpayer— during the taxable year of the taxpayer the abode for the greater portion of the calendar ‘‘(i) who is presumed by law enforcement relationship between the individual and the year. authorities to have been kidnapped by some- taxpayer is in violation of local law. ‘‘(B) NONCUSTODIAL PARENT.—The term one who is not a member of the family of SEC. 5. MODIFICATIONS OF CHILD TAX CREDIT. ‘noncustodial parent’ means the parent who such child or the taxpayer, and (a) IN GENERAL.—Paragraph (1) of section is not the custodial parent. ‘‘(ii) who was (without regard to this para- 24(c) of the Internal Revenue Code of 1986 is ‘‘(4) EXCEPTION FOR MULTIPLE-SUPPORT graph) a qualifying relative of the taxpayer amended to read as follows: AGREEMENTS.—This subsection shall not for the portion of the taxable year before the ‘‘(1) IN GENERAL.—The term ‘qualifying apply in any case where over one-half of the date of the kidnapping, child’ means a qualifying child of the tax- support of the child is treated as having been shall be treated as a qualifying relative of payer (as defined in section 152(c)) who has received from a taxpayer under the provision the taxpayer for all taxable years ending not attained age 17.’’. of subsection (d)(3). during the period that the child is kid- (b) CONFORMING AMENDMENT.—Section ‘‘(f) OTHER DEFINITIONS AND RULES.—For napped. 24(c)(2) of the Internal Revenue Code of 1986 purposes of this section— ‘‘(D) TERMINATION OF TREATMENT.—Sub- is amended by striking ‘‘the first sentence of ‘‘(1) CHILD DEFINED.— paragraphs (A) and (C) shall cease to apply section 152(b)(3)’’ and inserting ‘‘subpara- ‘‘(A) IN GENERAL.—The term ‘child’ means as of the first taxable year of the taxpayer graph (A) of section 152(b)(3)’’. an individual who is— beginning after the calendar year in which SEC. 6. MODIFICATIONS OF EARNED INCOME ‘‘(i) a son, daughter, stepson, or step- there is a determination that the child is CREDIT. daughter of the taxpayer, or dead (or, if earlier, in which the child would (a) QUALIFYING CHILD.—Paragraph (3) of ‘‘(ii) an eligible foster child of the tax- have attained age 18). section 32(c) of the Internal Revenue Code of payer. ‘‘(6) CROSS REFERENCES.— 1986 is amended to read as follows: ‘‘(B) ADOPTED CHILD.—In determining ‘‘For provision treating child as dependent of ‘‘(3) QUALIFYING CHILD.— whether any of the relationships specified in both parents for purposes of certain provi- ‘‘(A) IN GENERAL.—The term ‘qualifying subparagraph (A)(i) or paragraph (4) exists, a sions, see sections 105(b), 132(h)(2)(B), and child’ means a qualifying child of the tax- legally adopted individual of the taxpayer, 213(d)(5).’’. payer (as defined in section 152(c), deter- or an individual who is placed with the tax- SEC. 3. MODIFICATIONS OF DEFINITION OF HEAD mined without regard to paragraph (1)(D) payer by an authorized placement agency for OF HOUSEHOLD. thereof and section 152(e)). adoption by the taxpayer, shall be treated as (a) HEAD OF HOUSEHOLD.—Clause (i) of sec- ‘‘(B) MARRIED INDIVIDUAL.—The term a child of such individual by blood. tion 2(b)(1)(A) of the Internal Revenue Code ‘qualifying child’ shall not include an indi- ‘‘(C) ELIGIBLE FOSTER CHILD.—For purposes of 1986 is amended to read as follows: vidual who is married as of the close of the of subparagraph (A)(ii), the term ‘eligible ‘‘(i) a qualifying child of the individual (as taxpayer’s taxable year unless the taxpayer foster child’ means an individual who is defined in section 152(c), determined without is entitled to a deduction under section 151 placed with the taxpayer by an authorized regard to section 152(e)), but not if such for such taxable year with respect to such in- placement agency or by judgment, decree, or child— dividual (or would be so entitled but for sec- other order of any court of competent juris- ‘‘(I) is married at the close of the tax- tion 152(e)). diction. payer’s taxable year, and ‘‘(C) PLACE OF ABODE.—For purposes of sub- ‘‘(2) STUDENT DEFINED.—The term ‘student’ ‘‘(II) is not a dependent of such individual paragraph (A), the requirements of section means an individual who during each of 5 by reason of section 152(b)(2) or 152(b)3), or 152(c)(1)(B) shall be met only if the principal calendar months during the calendar year in both, or’’. place of abode is in the United States.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.065 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4639 ‘‘(D) IDENTIFICATION REQUIREMENTS.— (14) Section 7702B(f)(2)(C)(iii) of such Code ufacturing facilities to capture new ‘‘(i) IN GENERAL.—A qualifying child shall is amended by striking ‘‘paragraphs (1) technologies, namely biotech and soft- not be taken into account under subsection through (8) of section 152(a)’’ and inserting ware production. (b) unless the taxpayer includes the name, ‘‘subparagraphs (A) through (G) of section Many factors are responsible for the age, and TIN of the qualifying child on the 152(d)(2)’’. current decline in the manufacturing return of tax for the taxable year. (15) Section 7703(b)(1) of such Code is sector. Our bill will not solve all the ‘‘(ii) OTHER METHODS.—The Secretary may amended— prescribe other methods for providing the in- (A) by striking ‘‘151(c)(3)’’ and inserting problems, but it does break down the formation described in clause (i).’’. ‘‘152(f)(1)’’, and capital investment barrier facing many (b) CONFORMING AMENDMENTS.— (B) by striking ‘‘paragraph (2) or (4) of’’. small manufacturers. These businesses, (1) Section 32(c)(1) of the Internal Revenue SEC. 9. EFFECTIVE DATE. and the communities in which they are Code of 1986 is amended by striking subpara- The amendments made by this Act shall located, need our help. This proposal graph (C) and by redesignating subpara- apply to taxable years beginning after De- will go a long way in achieving that ob- graphs (D), (E), (F), and (G) as subparagraphs cember 31, 2003. jective and I urge all my colleagues to (C), (D), (E), and (F), respectively. (2) Section 32(c)(4) of such Code is amended By Mr. THOMAS (for himself and become a cosponsor. Mr. President, I ask unanimous con- by striking ‘‘(3)(E)’’ and inserting ‘‘(3)(C)’’. Mr. GREGG): (3) Section 32(m) of such Code is amended S. 756. A bill to amend the Internal sent that the text of the bill be printed by striking ‘‘subsections (c)(1)(F)’’ and in- Revenue Code of 1986 to modify the in the RECORD. serting ‘‘subsections (c)(1)(E)’’. qualified small issue bond provisions; There being no objection, the bill was SEC. 7. MODIFICATIONS OF DEDUCTION FOR to the Committee on Finance. ordered to be printed in the RECORD, as PERSONAL EXEMPTION FOR DE- Mr. THOMAS: Mr. President, I am follows: PENDENTS. pleased to rise to introduce legislation S. 756 Subsection (c) of section 151 of the Internal Be it enacted by the Senate and House of Rep- Revenue Code of 1986 is amended to read as with my distinguished colleague from New Hampshire, Mr. Gregg. Specifi- resentatives of the United States of America in follows: Congress assembled, DDITIONAL XEMPTION FOR EPEND cally, the bill we offer today would ‘‘(c) A E D - SECTION 1. MODIFICATIONS TO SMALL ISSUE ENTS.—An exemption of the exemption amend the Internal Revenue Code of BOND PROVISIONS. amount for each individual who is a depend- 1986 to modify the qualified small issue (a) INCREASE IN AMOUNT OF QUALIFIED ent (as defined in section 152) of the taxpayer bond provisions. Current restrictions SMALL ISSUE BONDS PERMITTED FOR FACILI- for the taxable year.’’ built into the law decades ago prevent TIES TO BE USED BY RELATED PRINCIPAL SEC. 8. TECHNICAL AND CONFORMING AMEND- small manufacturers from realizing the USERS.— MENTS. full financial benefit from these bonds. (1) IN GENERAL.—Clause (i) of section (1) Section 21(e)(5) of the Internal Revenue The manufacturing sector is a key 144(a)(4)(A) (relating to $10,000,000 limit in Code of 1986 is amended— component of the U.S. economy. It was certain cases) is amended by striking (A) by striking ‘‘paragraph (2) or (4) of’’ in ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. particularly hard-hit in the most re- subparagraph (A), and (2) COST-OF-LIVING ADJUSTMENT.—Section (B) by striking ‘‘within the meaning of sec- cent recession and continues to strug- 144(a)(4) is amended by adding at the end the tion 152(e)(1)’’ and inserting ‘‘as defined in gle. More than two million high-wage, following: section 152(e)(3)(A)’’. quality jobs have been lost. These ‘‘(G) COST-OF-LIVING ADJUSTMENT.—In the (2) Section 21(e)(6)(B) of such Code is losses occurred in both large and small case of a taxable year beginning in a cal- amended by striking ‘‘section 151(c)(3)’’ and manufacturing facilities. Reversing the endar year after 2002, the $20,000,000 amount inserting ‘‘section 152(f)(1)’’. decline is critical for our Nation’s eco- under subparagraph (A) shall be increased by (3) Section 25B(c)(2)(B) of such Code is an amount equal to— amended by striking ‘‘151(c)(4)’’ and insert- nomic well-being. This bill targets a problem faced by ‘‘(i) such dollar amount, multiplied by ing ‘‘152(f)(2)’’. ‘‘(ii) the cost-of-living adjustment under (4)(A) Subparagraphs (A) and (B) of section many small manufacturers: the lack of section 1(f)(3) for the calendar year in which 51(i)(1) of such Code are each amended by investment capital. These manufactur- the taxable year begins, determined by sub- striking ‘‘paragraphs (1) through (8) of sec- ers need access to financial resources stituting ‘calendar year 2001’ for ‘calendar tion 152(a)’’ both places it appears and in- to build, to grow, to employ new work- year 1992’ in subparagraph (B) thereof.’’. serting ‘‘subparagraphs (A) through (G) of ers and to survive. One of the lowest- (3) CLERICAL AMENDMENT.—The heading of section 152(d)(2)’’. cost capital investment options cur- paragraph (4) of section 144(a) is amended by (B) Section 51(i)(1)(C) of such Code is rently available is tax-exempt Indus- striking ‘‘$10,000,000’’ and inserting amended by striking ‘‘152(a)(9)’’ and insert- trial Development Bonds or IDBs. ‘‘$20,000,000’’. ing ‘‘152(d)(2)(H)’’. (4) EFFECTIVE DATE.—The amendments (5) Section 72(t)(7)(A)(iii) of such Code is These bonds are issued by state govern- made by this subsection shall apply to— amended by striking ‘‘151(c)(3)’’ and insert- ments throughout the country and pro- (A) obligations issued after the date of the ing ‘‘152(f)(1)’’. vide an excellent financial resource for enactment of this Act, and (6) Section 129(c)(2) of such Code is amend- companies looking to build or expand (B) capital expenditures made after such ed by striking ‘‘151(c)(3)’’ and inserting their manufacturing facilities. date with respect to obligations issued on or ‘‘152(f)(1)’’. The maximum IDB available for before such date. (7) The first sentence of section 132(h)(2)(B) qualified projects was set in 1978 at $10 (b) DEFINITION OF MANUFACTURING FACIL- of such Code is amended by striking million. The purchasing power of that ITY.— ‘‘151(c)(3)’’ and inserting ‘‘152(f)(1)’’. (1) IN GENERAL.—Section 144(a)(12)(C) (re- (8) Section 153 of such Code is amended by amount has declined by more than fifty lating to definition of manufacturing facil- striking paragraph (1) and by redesignating percent over time, severely reducing ity) is amended to read as follows: paragraphs (2), (3), and (4) as paragraphs (1), the effectiveness of this financial tool. ‘‘(C) MANUFACTURING FACILITY.—For pur- (2), and (3), respectively. In addition, the ten million dollar ceil- poses of this paragraph, the term ‘manufac- (9) Section 170(g)(3) of such Code is amend- ing is subject to a dollar reduction for turing facility’ means any facility which is ed by striking ‘‘paragraphs (1) through (8) of other funding used in the project. used in— section 152(a)’’ and inserting ‘‘subparagraphs These limits create a significant and ‘‘(i) the manufacturing or production of (A) through (G) of section 152(d)(2)’’. unnecessary barrier. To help small tangible personal property (including the (10) The second sentence of section processing resulting in a change in the con- 213(d)(11) of such Code is amended by strik- manufacturers and acknowledge the dition of such property), ing ‘‘paragraphs (1) through (8) of section technological advances made in the ‘‘(ii) the manufacturing, development, or 152(a)’’ and inserting ‘‘subparagraphs (A) past 25 years, it is time to change the production of specifically developed software through (G) of section 152(d)(2)’’. law. products or processes if— (11) Section 529(e)(2)(B) of such Code is This bill makes the necessary ‘‘(I) it takes more than 6 months to de- amended by striking ‘‘paragraphs (1) through changes to ensure that the law reflects velop or produce such products, (8) of section 152(a)’’ and inserting ‘‘subpara- economic realities. It increases the ‘‘(II) the development or production could graphs (A) through (G) of section 152(d)(2)’’. bond cap and capital expenditure not with due diligence be reasonably ex- (12) Section 2032A(c)(7)(D) of such Code is amounts from ten to twenty million pected to occur in less than 6 months, and amended by striking ‘‘section 151(c)(4)’’ and ‘‘(III) the software product or process com- inserting ‘‘section 152(f)(2)’’. dollars. An inflation adjuster is added prises programs, routines, and attendant (13) Section 7701(a)(17) of such Code is to avoid a similar reduction in pur- documentation developed and maintained for amended by striking ‘‘152(b)(4), 682,’’ and in- chasing power in the future. Finally, use in computer and telecommunications serting ‘‘682’’. we would expand the definition of man- technology, or

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.065 S01PT1 S4640 CONGRESSIONAL RECORD — SENATE April 1, 2003 ‘‘(iii) the manufacturing, development, or tional energy strategy. With oil and (3) LIMITATION.—Section 48(a)(2)(A) of such production of specially developed biobased or gas prices now reaching record highs, Code (relating to energy percentage) is bioenergy products or processes if— fuel cells are one excellent answer to amended to read as follows: ‘‘(I) it takes more than 6 months to de- our heightened energy demand and de- ‘‘(A) IN GENERAL.—The energy percentage velop or produce, is— ‘‘(II) the development or production could pendence on foreign oil. This legisla- ‘‘(i) in the case of energy-efficient building not with due diligence be reasonably ex- tion will power fuel cell technology by property, 30 percent, and pected to occur in less than 6 months, and speeding its market introduction and ‘‘(ii) in the case of any other energy prop- ‘‘(III) the biobased or bioenergy product or by increasing its uses in our everyday erty, 10 percent.’’. process comprises products, processes, pro- lives. (4) CONFORMING AMENDMENTS.— grams, routines, and attendant documenta- Mr. President, I ask that the bill be (A) Section 29(b)(3)(A)(i)(III) of such Code tion developed and maintained for the utili- ∑ is amended by striking ‘‘section 48(a)(4)(C)’’ zation of biological materials in commercial printed in the RECORD. and inserting ‘‘section 48(a)(5)(C)’’. or industrial products, for the utilization of S. 758 (B) Section 48(a)(1) of such Code is amend- renewable domestic agricultural or forestry ed by inserting ‘‘except as provided in para- materials in commercial or industrial prod- Be it enacted by the Senate and House of Rep- graph (4)(B),’’ before ‘‘the energy’’. resentatives of the United States of America in ucts, or for the utilization of biomass mate- (5) EFFECTIVE DATE.—The amendments rials. Congress assembled, made by this subsection shall apply to prop- ‘‘(D) RELATED FACILITIES.—For purposes of SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFI- erty placed in service after December 31, subparagraph (C), the term ‘manufacturing CIENT PROPERTY. 2003, under rules similar to the rules of sec- facility’ includes a facility which is directly (a) BUSINESS PROPERTY.— tion 48(m) of the Internal Revenue Code of and functionally related to a manufacturing (1) IN GENERAL.—Subparagraph (A) of sec- 1986 (as in effect on the day before the date facility (determined without regard to sub- tion 48(a)(3) of the Internal Revenue Code of of the enactment of the Revenue Reconcili- paragraph (C)) if— 1986 (defining energy property) is amended ation Act of 1990). ‘‘(i) such facility, including an office facil- by striking ‘‘or’’ at the end of clause (i), by (b) NONBUSINESS PROPERTY.— ity and a research and development facility, adding ‘‘or’’ at the end of clause (ii), and by (1) IN GENERAL.—Subpart A of part IV of is located on the same site as the manufac- inserting after clause (ii) the following new subchapter A of chapter 1 of the Internal turing facility, and clause: Revenue Code of 1986 (relating to nonrefund- ‘‘(ii) not more than 40 percent of the net ‘‘(iii) energy-efficient building property,’’. able personal credits) is amended by insert- proceeds of the issue are used to provide such (2) ENERGY-EFFICIENT BUILDING PROPERTY.— ing after section 25B the following new sec- facility, Subsection (a) of section 48 of such Code is tion: but shall not include a facility used solely amended by redesignating paragraphs (4) and ‘‘SEC. 25C. NONBUSINESS ENERGY-EFFICIENT for research and development activities.’’. (5) as paragraphs (5) and (6), respectively, BUILDING PROPERTY. (2) EFFECTIVE DATE.—The amendment and by inserting after paragraph (3) the fol- ‘‘(a) CREDIT ALLOWED.— made by this subsection shall apply to obli- lowing new paragraph: ‘‘(1) IN GENERAL.—In the case of an indi- gations issued after the date of the enact- ‘‘(4) ENERGY-EFFICIENT BUILDING PROP- vidual, there shall be allowed as a credit ment of this Act. ERTY.—For purposes of this subsection— against the tax imposed by this chapter for ‘‘(A) IN GENERAL.—The term ‘energy-effi- the taxable year an amount equal to the By Mr. LIEBERMAN (for himself, cient building property’ means a fuel cell nonbusiness energy-efficient building prop- Ms. SNOWE, Mr. DODD, Mr. power plant that— erty expenditures which are paid or incurred ALLEN, Mrs. CLINTON, Mr. HAR- ‘‘(i) generates electricity using an electro- during such year. KIN, and Mr. AKAKA): chemical process, ‘‘(2) LIMITATION.—The credit allowed under S. 758. A bill to amend the Internal ‘‘(ii) has an electricity-only generation ef- paragraph (1) with respect to property placed ficiency greater than 30 percent, and in service by the taxpayer during the taxable Revenue Code of 1986 to allow a credit year shall not exceed an amount equal to the against income tax for certain energy- ‘‘(iii) generates at least 0.5 kilowatt of electricity using an electrochemical process. lesser of— efficient property; to the Committee ‘‘(B) LIMITATION.—In the case of energy-ef- ‘‘(A) 30 percent of the basis of such prop- on Finance. ficient building property placed in service erty, or (At the request of Mr. DODD, the fol- during the taxable year, the credit deter- ‘‘(B) $1,000 for each kilowatt of capacity of lowing statement was ordered to be mined under paragraph (1) for such year with such property. printed in the RECORD.) respect to such property shall not exceed an ‘‘(b) NONBUSINESS ENERGY-EFFICIENT ∑ Mr. LIEBERMAN. Mr. President, I amount equal to the lesser of— BUILDING PROPERTY EXPENDITURES.—For rise today to introduce a bill, with Sen- ‘‘(i) 30 percent of the basis of such prop- purposes of this section— erty, including expenditures for labor costs ‘‘(1) IN GENERAL.—The term ‘nonbusiness ator OLYMPIA SNOWE, to encourage the properly allocable to the onsite preparation, energy-efficient building property expendi- use of fuel cells, a clean and cutting- assembly, or original installation of the tures’ means expenditures made by the tax- edge energy technology. Specifically, property and for piping or wiring to inter- payer for nonbusiness energy-efficient build- the bill would give consumers a tax connect such property, or ing property installed on or in connection credit for purchasing residential and ‘‘(ii) $1,000 for each kilowatt of capacity of with a dwelling unit— commercial fuel cell systems to power such property. ‘‘(A) which is located in the United States, their electricity. The tax credit would ‘‘(C) SPECIAL RULES.—For purposes of sub- and apply to stationary and portable fuel paragraph (A)(ii)— ‘‘(B) which is used by the taxpayer as a res- idence. cell systems, and would be applicable ‘‘(i) ELECTRICITY-ONLY GENERATION EFFI- CIENCY.—The electricity-only generation effi- for 5 years. Such term includes expenditures for labor ciency percentage of a fuel cell power plant costs properly allocable to the onsite prepa- First used for space missions in the is the fraction— ration, assembly, or original installation of 1960s, fuel cells use an electrochemical ‘‘(I) the numerator of which is the total the property. reaction to convert energy from hydro- useful electrical power produced by such ‘‘(2) NONBUSINESS ENERGY-EFFICIENT BUILD- gen-rich fuel sources into electricity. plant at normal operating rates, and ex- ING PROPERTY.—The term ‘nonbusiness en- Because no combustion is involved, pected to be consumed in its normal applica- ergy-efficient building property’ means en- fuel cells produce virtually no air pol- tion, and ergy-efficient building property (as defined lution and significantly reduce carbon ‘‘(II) the denominator of which is the lower in section 48(a)(4)) if— dioxide emissions. Fuel cell units in heating value of the fuel source for such ‘‘(A) the original use of such property com- plant. mences with the taxpayer, and operation today are capable of running ‘‘(ii) DETERMINATIONS MADE ON BTU BASIS.— ‘‘(B) such property meets the standards (if 24 hours a day, 7 days a week, with The electricity-only generation efficiency any) applicable to such property under sec- only routine maintenance. They are in- percentage shall be determined on a Btu tion 48(a)(3). stalled around the world in power basis. ‘‘(c) SPECIAL RULES.—For purposes of this plants, hospitals, schools, banks, mili- ‘‘(D) FUEL CELL POWER PLANT.—The term section— tary installations, and manufacturing ‘fuel cell power plant’ means an integrated ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- facilities. Smaller units for home- system comprised of a fuel cell stack assem- CUPANCY.—In the case of any dwelling unit owners and small businesses will enter bly and associated balance of plant compo- which is jointly occupied and used during nents that converts a fuel into electricity any calendar year as a residence by 2 or the commercial market shortly. using electrochemical means. more individuals the following shall apply: Fuel cell technology offers a clean, ‘‘(E) TERMINATION.—Such term shall not ‘‘(A) The amount of the credit allowable, secure, and dependable source of en- include any property placed in service after under subsection (a) by reason of expendi- ergy that should be part of our na- December 31, 2008.’’. tures (as the case may be) made during such

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.071 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4641 calendar year by any of such individuals at the end of paragraph (28) and inserting ‘‘; average fossil fuel plans produces near- with respect to such dwelling unit shall be and’’, and by adding at the end the following ly 25 pounds of pollutants to generate determined by treating all of such individ- new paragraph: the same 1,000 kilowatt hours of elec- uals as 1 taxpayer whose taxable year is such ‘‘(29) to the extent provided in section tricity. That is 400 times the amount of calendar year. 25C(d), in the case of amounts with respect ‘‘(B) There shall be allowable, with respect to which a credit has been allowed under sec- a fuel cell power plant. to such expenditures to each of such individ- tion 25C.’’. The current problem is that it is dif- uals, a credit under subsection (a) for the (B) The table of sections for subpart A of ficult for the consumer to take advan- taxable year in which such calendar year part IV of subchapter A of chapter 1 of such tage of fuel cells because, as with any ends in an amount which bears the same Code is amended by inserting after the item new technology, the introductory price ratio to the amount determined under sub- relating to section 25B the following new is high. To create the market incen- paragraph (A) as the amount of such expend- item: tives necessary to speed the commer- itures made by such individual during such calendar year bears to the aggregate of such ‘‘Sec. 25C. Nonbusiness energy-efficient cialization of this technology, the expenditures made by all of such individuals building property.’’. Lieberman-Snow legislation provides a during such calendar year. (3) EFFECTIVE DATE.—The amendments property owner a five year, $1,000 per ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE made by this subsection shall apply to ex- kilowatt stationary fuel cell tax credit, HOUSING CORPORATION.—In the case of an in- penditures made after December 31, 2003. including labor and installation costs, dividual who is a tenant-stockholder (as de- Ms. SNOWE. Mr. President, I rise for business and non business power fined in section 216) in a cooperative housing today with my colleague from Con- plants—stationary and portable—that corporation (as defined in such section), such necticut, Senator LIEBERMAN, to intro- have an electrical generation efficiency individual shall be treated as having made duce a bill that will promote the ex- his tenant-stockholder’s proportionate share greater than 30 percent and generate at (as defined in section 216(b)(3)) of any ex- panded use of an environmentally least 0.5 kilowatts of electricity using penditures of such corporation. sound and efficient energy tech- an electrochemical process. To put this ‘‘(3) CONDOMINIUMS.— nology—fuel cell power. electrical generation in perspective, a ‘‘(A) IN GENERAL.—In the case of an indi- The United States has had a long, in- home uses approximately 1 to 2 kilo- vidual who is a member of a condominium separable relationship with energy. watts of power, on average. management association with respect to a The Americans of the 19th century By lowering the initial price for con- condominium which the individual owns, would not have populated the West as sumers, market introduction and pro- such individual shall be treated as having they did without the railroad and its made his proportionate share of any expendi- duction volume of fuel cells will be ac- tures of such association. steam engines. New York’s Pearl celerated with the end result being a ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- Street Station, designed by Thomas significant reduction in manufacturing TION.—For purposes of this paragraph, the Edison in 1882, demonstrated the im- costs. The decrease in price would en- term ‘condominium management associa- mense possibilities of large-scale elec- able even more consumers to use one of tion’ means an organization which meets the tricity generation that would revolu- the cleanest, most reliable and most ef- requirements of paragraph (1) of section tionize our Nation and the world. And, ficient means to generate electricity. 528(c) (other than subparagraph (E) thereof) of course, the 20th century is posted This tailored fuel cell tax credit for a with respect to a condominium project sub- with landmark American innovations stantially all of the units of which are used stationary and portable fuel cells is de- as residences. an inventions in oil use and produc- signed to benefit the widest range of ‘‘(4) ALLOCATION IN CERTAIN CASES.—If less tion, nuclear power, and solar energy. potential fuel cell customers and man- than 80 percent of the use of an item is for As we begin our journey into the 21st ufacturers with a meaningful incentive nonbusiness purposes, only that portion of century, we must begin a new chapter for the purchase of fuel cells for resi- the expenditures for such item which is prop- for energy use through fuel cell power. dential and commercial use. erly allocable to use for nonbusiness pur- Fuel cells are not a futuristic dream, As summer approaches, power short- poses shall be taken into account. as every manned U.S. space mission ages and interruptions can be expected ‘‘(5) WHEN EXPENDITURE MADE; AMOUNT OF has relied upon fuel cells for electricity EXPENDITURE.— throughout the country. We must in- and drinking water. From a New York ‘‘(A) IN GENERAL.—Except as provided in crease our investment and commit- subparagraph (B), an expenditure with re- City police station to a postal facility ment to non-traditional energy sources spect to an item shall be treated as made in Alaska to hospitals, schools, banks, such as fuel cells. This reliable, com- when the original installation of the item is military installations and manufac- bustion-free power provided by fuel completed. turing facilities around the world, fuel cells in a sensible alternative that is ‘‘(B) EXPENDITURES PART OF BUILDING CON- cell units are efficiently generating de- available today. I urge my colleagues STRUCTION.—In the case of an expenditure in pendable power 24 hours a day, 7 days a to support us for a sensible fuel cell connection with the construction or recon- week for upwards of 2 years with only struction of a structure, such expenditure power tax credit. shall be treated as made when the original routine maintenance. use of the constructed or reconstructed Fuel cell technology offers a clean, By Mr. DURBIN (for himself, Mr. structure by the taxpayer begins. secure, efficient, and dependable source ALLARD, Mr. CONRAD, Mr. HAR- ‘‘(C) AMOUNT.—The amount of any expendi- of energy that should be part of our na- KIN, Mr. JOHNSON, Mr. LEAHY, ture shall be the cost thereof. tional energy strategy. Not only do Mr. DORGAN, and Mr. JEF- ‘‘(6) PROPERTY FINANCED BY SUBSIDIZED EN- fuel cells deliver the high quality, reli- FORDS): ERGY FINANCING.—For purposes of deter- able power that is considered an abso- S. 759. A bill to amend the Internal mining the amount of nonbusiness energy-ef- lute necessity for many portions of our Revenue Code of 1986 to provide a tax ficient building property expenditures made society, they reduce grid demand while credit for individuals and businesses by any individual with respect to any dwell- ing unit, there shall not be taken into ac- improving grid flexibility. Fuel cells for the installation of certain wind en- count expenditures which are made from are an ideal energy source to address ergy property; to the Committee on Fi- subsidized energy financing (as defined in the Nation’s pressing energy needs. nance. section 48(a)(5)(C)). Using electro-chemical reaction to Mr. DURBIN. Mr. President, I rise ‘‘(d) BASIS ADJUSTMENTS.—For purposes of convert energy from hydrogen-rich fuel today to introduce the Residential, this subtitle, if a credit is allowed under this cell sources into electricity, fuel cells Farm, Ranch and Small Business En- section for any expenditure with respect to reduce the need for fossil fuel consump- ergy Systems Act of 2003, also known any property, the increase in the basis of such property which would (but for this sub- tion. And, since no combustion is in- as the Small Wind Energy Systems section) result from such expenditure shall volved, fuel cells produce virtually no Act. I am honored to be joined by Sen- be reduced by the amount of the credit so al- air pollution and significantly reduce ators ALLARD, CONRAD, HARKIN, JOHN- lowed. carbon dioxide emissions, the major SON, LEAHY and DORGAN in introducing ‘‘(e) TERMINATION.—This section shall not greenhouse gas thought to be respon- this legislation. apply to any expenditure made after Decem- sible for climate change variability. In In order to foster a forward-looking ber 31, 2008.’’. (2) CONFORMING AMENDMENTS.— fact, a 200 kilowatt fuel power plant energy policy, the United States needs (A) Subsection (a) of section 1016 of such produces less than one ounce of pollut- to broaden its energy portfolio beyond Code is amended by striking ‘‘and’’ at the ants for every 1,000 kilowatt hours of fossil fuels, which are a finite energy end of paragraph (27), by striking the period electricity it yields. In comparison, the source. Any serious attempt to create a

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.082 S01PT1 S4642 CONGRESSIONAL RECORD — SENATE April 1, 2003 national energy policy must include in- environment and energy security, I en- ration, assembly, or original installation of novative proposals for exploring and courage my colleagues to support this qualified wind energy property and for piping developing the use of alternative and legislation. I ask unanimous consent or wiring to interconnect such property to renewable energy sources. The legisla- the dwelling unit or to the local energy grid that the legislation be printed in the shall be taken into account for purposes of tion I am introducing today would help RECORD. this section. spur the production of electricity from There being no objection, the bill was ‘‘(3) SWIMMING POOLS, ETC., USED AS STOR- a limitless source—wind. ordered to be printed in the RECORD, as AGE MEDIUM.—Expenditures which are prop- This bill, similar to legislation I in- follows: erly allocable to a swimming pool, hot tub, troduced last year, offers a tax credit S. 759 or any other energy storage medium which has a function other than the function of to help defray the cost of installing a Be it enacted by the Senate and House of Rep- storage shall not be taken into account for small wind energy system to generate resentatives of the United States of America in purposes of this section. electricity for individual homes, farms, Congress assembled, ranches and businesses. The credit can ‘‘(e) SPECIAL RULES.—For purposes of this SECTION 1. SHORT TITLE. section— be applied only to systems up to 75 kW, This Act may be cited as the ‘‘Residential, ‘‘(1) DOLLAR AMOUNTS IN CASE OF JOINT OC- and is equal to 30 percent of the cost of Farm, Ranch, and Small Business Wind En- CUPANCY.—In the case of any dwelling unit installation, up to $1,000 per kilowatt. I ergy Systems Act of 2003’’ or the ‘‘Small which is jointly occupied and used during am offering this legislation in the hope Wind Energy Systems Act of 2003’’. any calendar year as a residence by 2 or that this tax credit will help make it SEC. 2. CREDIT FOR RESIDENTIAL WIND ENERGY more individuals the following shall apply: economical for people to invest in PROPERTY. ‘‘(A) The amount of the credit allowable, small wind systems, thereby reducing (a) IN GENERAL.—Subpart A of part IV of under subsection (a) by reason of expendi- subchapter A of chapter 1 of the Internal pressures on the national power grid tures (as the case may be) made during such Revenue Code of 1986 (relating to nonrefund- calendar year by any of such individuals and increasing America’s energy inde- able personal credits) is amended by insert- with respect to such dwelling unit shall be pendence one family and business at a ing after section 25B the following new sec- determined by treating all of such individ- time. tion: uals as 1 taxpayer whose taxable year is such Small wind systems are the most ‘‘SEC. 25C. RESIDENTIAL SMALL WIND ENERGY calendar year. cost-competitive home-sized renewable SYSTEMS. ‘‘(B) There shall be allowable, with respect energy technology, but the high up- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of to such expenditures to each of such individ- front cost has been a barrier. A typical an individual, there shall be allowed as a uals, a credit under subsection (a) for the small, rural wind system rated at 10 credit against the tax imposed by this chap- taxable year in which such calendar year kW costs $30,000–$35,000 to install. A 30 ter for the taxable year an amount equal to ends in an amount which bears the same percent business investment credit 30 percent of the qualified wind energy prop- ratio to the amount determined under sub- erty expenditures made by the taxpayer dur- paragraph (A) as the amount of such expend- would make wind energy more viable ing such year. itures made by such individual during such for rural America. In addition, farmers ‘‘(b) LIMITATIONS.— calendar year bears to the aggregate of such and ranchers can utilize a small wind ‘‘(1) MAXIMUM CREDIT.—The credit allowed expenditures made by all of such individuals energy system while simultaneously under subsection (a) shall not exceed $1,000 during such calendar year. continuing to use their land for crop for each kilowatt of capacity. ‘‘(2) TENANT-STOCKHOLDER IN COOPERATIVE growing or grazing. Facilitating the ‘‘(2) SAFETY CERTIFICATIONS.—No credit HOUSING CORPORATION.—In the case of an in- production of renewable energy on land shall be allowed under this section for an dividual who is a tenant-stockholder (as de- that is already being worked for other item of property unless such property meets fined in section 216) in a cooperative housing appropriate fire and electric code require- corporation (as defined in such section), such purposes would be a boon to our econ- ments. individual shall be treated as having made omy, environment, and national secu- ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If his tenant-stockholder’s proportionate share rity. Finally, the tax credit would help the credit allowable under subsection (a) ex- (as defined in section 216(b)(3)) of any ex- us promote a healthier environment. A ceeds the limitation imposed by section 26(a) penditures of such corporation. typical small system can offset seven for such taxable year reduced by the sum of ‘‘(3) CONDOMINIUMS.— tons of carbon dioxide per year; carbon the credits allowable under this subpart ‘‘(A) IN GENERAL.—In the case of an indi- dioxide is the most significant contrib- (other than this section), such excess shall vidual who is a member of a condominium be carried to the succeeding taxable year and management association with respect to a utor to climate change. added to the credit allowable under sub- condominium which the individual owns, I am pleased to see that others in the section (a) for such succeeding taxable year. such individual shall be treated as having Senate are working to promote renew- ‘‘(d) QUALIFIED WIND ENERGY PROPERTY EX- made the individual’s proportionate share of able energy. In the context of our de- PENDITURE.—For purposes of this section— any expenditures of such association. liberations on energy policy, I hope to ‘‘(1) QUALIFIED WIND ENERGY PROPERTY EX- ‘‘(B) CONDOMINIUM MANAGEMENT ASSOCIA- work with Senators GRASSLEY and PENDITURE DEFINED.— TION.—For purposes of this paragraph, the BAUCUS, and others, in order to build ‘‘(A) IN GENERAL.—The term ‘qualified wind term ‘condominium management associa- on these efforts. In particular, I hope energy property expenditure’ means an ex- tion’ means an organization which meets the we can expand the residential credit penditure for qualified wind energy property requirements of paragraph (1) of section installed on or in connection with a dwelling 528(c) (other than subparagraph (E) thereof) provided for wind energy systems in unit located in the United States and used as with respect to a condominium project sub- the Energy Tax Incentives Act of 2003, a residence by the taxpayer, including all stantially all of the units of which are used S. 597, so that the cap is raised to $1,000 necessary installation fees and charges. as residences. per kilowatt. In addition, I hope to add ‘‘(B) QUALIFIED WIND ENERGY PROPERTY.— ‘‘(4) ALLOCATION IN CERTAIN CASES.—If less wind to the business investment credit The term ‘qualified wind energy property’ than 80 percent of the use of a qualified wind section of the tax code. Although there means a qualifying wind turbine— energy property is for nonbusiness purposes is currently in law a business invest- ‘‘(i) the original use of which commences and for generation of energy to be sold to ment credit for solar and geothermal with the taxpayer, and others, only that portion of the expenditures power, there is currently no Federal ‘‘(ii) which carries at least a 5-year limited for such property which is properly allocable warranty covering defects in design, mate- to use for nonbusiness purposes and for gen- program to support small wind systems rial, or workmanship, and, for any qualifying eration of energy to be sold to others shall being installed by farmers and ranch- wind turbine that is not installed by the tax- be taken into account. ers. The Energy Tax Incentives Act of payer, at least a 5-year limited warranty ‘‘(5) WHEN EXPENDITURE MADE; AMOUNT OF 2003 would add fuel cells to this section covering defects in installation. EXPENDITURE.— of the code. I hope I can work with my ‘‘(C) QUALIFYING WIND TURBINE.—The term ‘‘(A) IN GENERAL.—Except as provided in colleagues to also add wind to this sec- ‘qualifying wind turbine’ means a wind tur- subparagraph (B), an expenditure with re- tion, because we need to encourage in- bine of 75 kilowatts of rated capacity or less spect to any qualified wind energy property vestments in this source of energy. which at the time of manufacture and not shall be treated as made when the original Last year, a portion of this legisla- more than one year from the date of pur- installation of such property is completed tion was included in the Senate energy chase meets the latest performance rating and the property has begun to be used to standards published by the American Wind generate energy. bill by unanimous consent. I hope to Energy Association or the International ‘‘(B) EXPENDITURES PART OF BUILDING CON- build on this success this year, by se- Electrotechnical Commission and which is STRUCTION.—In the case of an expenditure in curing passage of the full measure. used to generate electricity. connection with the construction or recon- For the good of our rural economy, ‘‘(2) LABOR COSTS.—Expenditures for labor struction of a structure, such expenditure homeowners and business owners, the costs properly allocable to the onsite prepa- shall be treated as made when the original

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use of the constructed or reconstructed (4) Section 1400C(d) of such Code, as in ef- ‘‘(A) IN GENERAL.—The energy percentage structure by the taxpayer begins. fect for taxable years beginning before Janu- is— ‘‘(C) AMOUNT.—The amount of any expendi- ary 1, 2004, is amended by inserting ‘‘and sec- ‘‘(i) in the case of qualified wind energy ture shall be the cost thereof. tion 25C’’ after ‘‘this section’’. property, 30 percent, and ‘‘(6) PROPERTY FINANCED BY SUBSIDIZED EN- (5) The table of sections for subpart A of ‘‘(ii) in the case of any other energy prop- ERGY FINANCING.—For purposes of deter- part IV of subchapter A of chapter 1 of such erty, 10 percent.’’. mining the amount of expenditures made by Code is amended by inserting after the item (d) CONFORMING AMENDMENT.—Section any individual with respect to any dwelling relating to section 25B the following new 29(b)(3)(A)(i)(III) of the Internal Revenue unit, there shall not be taken in to account item: Code of 1986 is amended by striking ‘‘section expenditures which are made from subsidized ‘‘Sec. 25C. Residential wind energy prop- 48(a)(4)(C)’’ and inserting ‘‘section energy financing (as defined in section erty.’’. 48(a)(5)(C)’’. 48(a)(5)(C)). (e) EFFECTIVE DATE.—The amendments (d) EFFECTIVE DATES.— ‘‘(f) BASIS ADJUSTMENTS.—For purposes of made by this subsection shall apply to prop- this subtitle, if a credit is allowed under this (1) IN GENERAL.—Except as provided by erty placed in service after December 31, section for any expenditure with respect to paragraph (2), the amendments made by this 2003, under rules similar to the rules of sec- any qualified wind energy property, the in- section shall apply to expenditures after De- tion 48(m) of the Internal Revenue Code of crease in the basis of such property which cember 31, 2002, in taxable years ending after 1986 (as in effect on the day before the date would (but for this subsection) result from such date. of the enactment of the Revenue Reconcili- such expenditure shall be reduced by the (2) SUBSECTION (b).—The amendments made ation Act of 1990). amount of the credit so allowed. by subsection (b) shall apply to taxable years beginning after December 31, 2003. ‘‘(g) TERMINATION.—This section shall not By Mr. GRASSLEY (for himself, apply to property installed in taxable years SEC. 3. CREDIT FOR BUSINESS INSTALLATION OF Mr. BAUCUS, Mr. DEWINE, Mr. SMALL WIND ENERGY PROPERTY. beginning after December 31, 2008.’’. URBIN REGG INGA (a) IN GENERAL.—Subparagraph (A) of sec- D , Mr. G , Mr. B - (b) CREDIT ALLOWED AGAINST REGULAR TAX tion 48(a)(3) of the Internal Revenue Code of MAN, Mr. FEINGOLD, Ms. SNOWE, AND ALTERNATIVE MINIMUM TAX.— 1986 (defining energy property) is amended Mr. ROCKFELLER, Mr. (1) IN GENERAL.—Section 25C(b) of the In- by striking ‘‘or’’ at the end of clause (i), by SANTORUM, and Mr. LEAHY): ternal Revenue Code of 1986, as added by sub- adding ‘‘or’’ at the end of clause (ii), and by S. 780. A bill to implement effective section (a), is amended by adding at the end inserting after clause (ii) the following new the following new paragraph: measures to stop trade in conflict dia- clause: monds, and for other purposes; to the ‘‘(3) LIMITATION BASED ON AMOUNT OF TAX.— ‘‘(iii) qualified wind energy property in- The credit allowed under subsection (a) for stalled before January 1, 2009,’’. Committee on Finance. the taxable year shall not exceed the excess (b) QUALIFIED WIND ENERGY PROPERTY.— Mr. GRASSLEY. Mr. President, I rise of— Subsection (a) of section 48 is amended by re- today to introduce the Clean Diamond ‘‘(A) the sum of the regular tax liability designating paragraphs (4) and (5) as para- Trade Act. Technically, this act will (as defined in section 26(b)) plus the tax im- graphs (5) and (6), respectively, and by in- implement a certification process for posed by section 55, over serting after paragraph (3) the following new imports of rough diamonds. But, as ‘‘(B) the sum of the credits allowable under paragraph: many of you know, this bill goes far be- this subpart (other than this section) and ‘‘(4) QUALIFIED WIND ENERGY PROPERTY.— section 27 for the taxable year.’’. For purposes of this subsection— yond technicalities. This bill will help (2) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—The term ‘qualified wind put an end to trade in conflict dia- (A) Section 25C(c) of such Code, as added energy property’ means a qualifying wind monds. As many of you know, conflict by subsection (a), is amended by striking turbine— diamonds are diamonds mined and used ‘‘section 26(a) for such taxable year reduced ‘‘(i) installed on or in connection with a by rebel movements in many African by the sum of the credits allowable under farm (as defined in section 6420(c)), a ranch, nations as a source of revenue to fuel this subpart (other than this section)’’ and or an establishment of an eligible small busi- armed conflict and the activities of inserting ‘‘subsection (b)(3)’’. ness (as defined in section 44(b)) which is lo- rebel movements aimed at under- (B) Section 23(b)(4)(B) of such Code is cated in the United States and which is amended by inserting ‘‘and section 25C’’ owned and used by the taxpayer, mining or overthrowing legitimate after ‘‘this section’’. ‘‘(ii) the original use of which commences governments in African countries. Mil- (C) Section 24(b)(3)(B) of such Code is with the taxpayer, and lions of people have been driven from amended by striking ‘‘23 and 25B’’ and insert- ‘‘(iii) which carries at least a 5-year lim- their homes by wars that have been ing ‘‘23, 25B, and 25C’’. ited warranty covering defects in design, ma- fought for control of these diamonds. (D) Section 25(e)(1)(C) of such Code is terial, or workmanship, and, for any quali- Families and entire countries have amended by inserting ‘‘25C,’’ after ‘‘25B,’’. fying wind turbine that is not installed by been torn apart. (E) Section 25B(g)(2) of such Code is the taxpayer, at least a 5-year limited war- amended by striking ‘‘section 23’’ and insert- That is why it is vitally important ranty covering defects in installation. that we pass this legislation. Passage ing ‘‘sections 23 and 25C’’. ‘‘(B) LIMITATION.—In the case of any quali- (F) Section 26(a)(1) of such Code is amend- fied wind energy property placed in service of this legislation would be a true bi- ed by striking ‘‘and 25B’’ and inserting ‘‘25B, during the taxable year, the credit deter- partisan success and a significant step and 25C’’. mined under paragraph (1) for such year with forward in stopping trade in conflict (G) Section 904(h) of such Code is amended respect to such property shall not exceed an diamonds. And I would like to thank by striking ‘‘and 25B’’ and inserting ‘‘25B, amount equal to the lesser of— my colleagues for helping to develop and 25C’’. ‘‘(i) 30 percent of the basis of such prop- the compromise legislation in this Act. (H) Section 1400C(d) of such Code is amend- erty, including all necessary installation I would especially like to recognize the ed by striking ‘‘and 25B’’ and inserting ‘‘25B, fees and charges, or hard work of Senators GREGG, DEWINE, and 25C’’. ‘‘(ii) $1,000 for each kilowatt of capacity of (c) ADDITIONAL CONFORMING AMEND- such property. DURBIN, BINGAMAN, and FEINGOLD, MENTS.— ‘‘(C) QUALIFYING WIND TURBINE.—For pur- whose devotion and dedication to stop- (1) Section 23(c) of the Internal Revenue poses of this paragraph the term ‘qualifying ping trade in conflict diamonds is un- Code of 1986, as in effect for taxable years be- wind turbine’ means a wind turbine of 75 surpassed. ginning before January 1, 2004, is amended by kilowatts of rated capacity or less which at Prior attempts to move similar bills striking ‘‘section 1400C’’ and inserting ‘‘sec- the time of manufacture and not more than have stalled in both the House and the tions 25C and 1400C’’. one year from the date of purchase meets the Senate. As Chairman of the Finance (2) Section 25(e)(1)(C) of such Code, as in ef- latest performance rating standards pub- Committee, I took great care to try fect for taxable years beginning before Janu- lished by the American Wind Energy Asso- ary 1, 2004, is amended by inserting ‘‘, 25C,’’ ciation or the International Electrotechnical and achieve the right balance so that after ‘‘sections 23’’. Commission and which is used to generate we might implement a certification (3) Subsection (a) of section 1016 of such electricity. process that meets our international Code is amended by striking ‘‘and’’ at the ‘‘(D) SAFETY CERTIFICATIONS.—No credit responsibilities, that can pass the end of paragraph (27), by striking the period shall be allowed under this section for any House and the Senate, and most impor- at the end of paragraph (28) and inserting ‘‘, qualified wind energy property unless such tantly, that works. and’’, and by adding at the end the following property meets appropriate fire and electric The Clean Diamond Trade Act will new paragraph: code requirements.’’. ‘‘(29) to the extent provided in section (c) LIMITATION.—Section 48(a)(2)(A) of the implement the Kimberley Process Cer- 25C(f), in the case of amounts with respect to Internal Revenue Code of 1986 (relating to tification Scheme. This is an inter- which a credit has been allowed under sec- energy percentage) is amended to read as fol- national agreement establishing mini- tion 25C.’’. lows: mal acceptable international standards

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.083 S01PT1 S4644 CONGRESSIONAL RECORD — SENATE April 1, 2003 for national certification schemes re- groups. In fact, over the past decade, . . . victims of these atrocities also reported lating to cross-border trade in rough the rebels have smuggled out of Africa women and children being rounded up and diamonds. It represents over two years approximately $10 billion dollars in locked into houses which were then set [on of negotiations among more than 50 these diamonds. fire]. countries, human rights advocacy It is nearly impossible to distinguish A young man from Lunsar, describ- groups, the diamond industry and non- the illegally gathered diamonds from ing a rebel attack, said this: government organizations. legitimate or ‘‘clean’’ stones. And so, Ten people were captured by the rebels and The next plenary session of the Kim- regrettably and unwittingly, the they asked us to form a [line]. My brother berley Process is scheduled to convene United States—as the world’s biggest was removed from the [line], and they killed him with a rifle, and they cut his head with in Johannesburg, South Africa, from buyer of diamonds—has contributed to a knife. After this, they killed his pregnant April 28 to the 30, 2003. The U.S. played the violence. Our nation accounted for wife. There was an argument among the a leadership role in crafting the Kim- more than half of the $57.5 billion in rebels about the sex of the baby she was car- berley Process Certification Scheme, global retail diamond trade last year, rying, so they decided to open her stomach and it is critical that we implement and some estimates suggest that illegal to see the baby. the certification process before April 28 diamonds from Africa account for as According to Komba, a teenager: if we are to retain this leadership. We much as 15 percent of the overall dia- My legs were cut with blades and cocaine also need to do this to ensure that the mond trade. was rubbed in the wounds. Afterwards, I felt flow of legitimate diamonds into and Since the start of the rebel’s quest like a big person. I saw the other people like out of the United States will continue for control of Sierra Leone’s diamond chickens and rats. I wanted to kill them. without interruption. Most important, supply, half of the nation’s population Rape, sexual slavery and other forms we need to do everything we can to of 4.5 million have left their homes, of sexual abuse of girls and women stop trade in conflict diamonds as soon and at least a half-million have left the have been systematic, organized, and as possible. country. But, it is the children of Si- widespread. Many of those abducted Mr. President, we plan to mark-up erra Leone who are bearing the biggest have been forced to become the this legislation in the Finance Com- brunt of the rebel insurgency. For over ‘‘wives’’ of combatants. mittee tomorrow morning. I am con- eight years, the RUF has conscripted According to Isatu, an abducted teen- fident the bill will receive strong bipar- children—children often as young as 7 age girl: tisan support in committee and am or 8 years old—to be soldiers in their I did not want to go; I was forced to go. hopeful we can pass this bill by unani- make-shift army. They have ripped at They killed a lot of women who refused to go mous consent in the full Senate before least 12,000 children from their fami- with them. we adjourn for the April recess. The lies. She was forced to become the sexual people and countries in Africa affected As a result of deliberate and system- partner of the combatant who captured by the damage of conflict diamonds de- atic brutalization, child soldiers have her and is now the mother of their serve our support. Passing this bill is become some of the most vicious—and three-month-old baby: the right thing to do. effective—fighters within the rebel fac- When they capture young girls, you belong Mr. DEWINE. Today, Mr. President, tions. The rebel army—child-soldiers to the soldier who captured you. I was ‘mar- violent conflicts and other global included—has terrorized Sierra Leone’s ried’ to him. threats and humanitarian concerns ex- population, killing, abducting, raping, We are losing these children—an en- tend across many parts of our world. and hacking off the limbs of victims tire generation of children. If the situa- We are at war with Iraq. North Korea with their machetes. This chopping off tion does not improve, these kids have possesses nuclear weapons. HIV/AIDS of limbs is the RUF’s trademark strat- no future. But, as long as the rebel’s di- is pandemic. And, terrorism threatens egy. In Freetown, the surgeons are amond trade remains unchallenged, our daily lives. frantic. Scores of men, women, and nothing will change. Our world is, indeed, a very dan- children—their hands partly chopped That is why I have been working with gerous and unstable place. We know off—have flooded the main hospital. Senators DURBIN, FEINGOLD, and GREGG this. And, while we are well aware of Amputating as quickly as they can, for over two years to pass legislation the many global ‘‘hotspots’’—the con- doctors toss severed hands into a com- that would help stem this illegal trade flicts and the violence and the human munal bucket. in conflict diamonds. Together, we suffering—there are parts of the world, The RUF frequently and forcibly in- have worked extensively with our which I believe, we have neglected. jects the children with cocaine in prep- House colleagues, including my good There are parts of the world, where aration for battle. In many cases, the friend and former colleague from Ohio, human tragedy is the order of the rebels force the child-soldiers at gun- Tony Hall, and FRANK WOLF from Vir- day—where children are killed, where point to kill their own family members ginia, to develop much needed legisla- women are raped and beaten, and or neighbors and friends. Not only are tion to help remove the rebel’s market where people are routinely tortured— these children traumatized by what incentive. their bodies maimed and mutilated. they are forced to do, they also are And, while we have not yet been suc- One area of the world where such afraid to be reunited with their fami- cessful in getting this legislation atrocities are occurring on a daily lies because of the possibility of ret- signed into law, I credit my colleagues’ basis is in Sierra Leone, Africa. For at ribution. continued commitment to this often least a decade, Sierra Leone, one of the Mr. President, I cannot understate forgotten issue. I know our countless world’s poorest nations, has been em- nor can I fully describe the horrific congressional hearings, meetings, let- broiled in civil war. Rebel groups— abuses these children are suffering. The ters and legislative initiatives have en- most notably, the Revolutionary most vivid accounts come from the couraged the Administration and the United Front (RUF)—have been fight- child-soldiers themselves. I’d like to international community to keep this ing for years to overthrow the recog- read a few of their stories, taken from issue alive. We have kept the pressure nized government. In the process, vio- Amnesty International’s 1998 report, on, and we are beginning to see some lence has erupted as the rebels have ‘‘Sierra Leone—A Year of Atrocities positive results. fought to seize control of the country’s against Civilians.’’ According to one Mr. President, just this past January profitable diamond fields, which in child’s recollection: 1st, an international agreement called turn, helps finance their terrorist re- Civilians were rounded up, in groups or in the Kimberley Process Certification gime. lines, and then taken individually to a Scheme was launched. Specifically, Once in control of a diamond field, pounding block in the village where their this is a voluntary, international dia- the rebels confiscate the diamonds and hands, arms, or legs were cut with a ma- mond certification system among over then launder them onto the legitimate chete. In some villages, after the civilians 50 participant countries, including all were rounded up, they were stripped naked. market through other nearby nations, Men were then ordered to rape members of of the major diamond producing and like Liberia. Known as ‘‘conflict’’ or their own family. If they refused, their arms trading countries. This is a positive ‘‘blood’’ diamonds, these gems are a were cut off and the women were raped by step in the right direction, and I com- very lucrative business for the rebel rebel forces, often in front of their husbands mend the tireless work of human rights

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.094 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4645 advocates and the diamond industry I believe that it is absolutely impera- CHAMBLISS, Mr. CRAIG, and Mr. MILLER) pro- for making this certification system a tive that we pass the bill we have in- posed an amendment to the bill S. 718, to reality. troduced quickly and help end these provide a monthly allotment of free tele- Because of their success, Mr. Presi- atrocities once and for all. phone calling time to members of the United States armed forces stationed outside the dent, today we are faced with the ur- It is the humane thing to do. It is the United States who are directly supporting gent need of providing legislative right thing to do. It is the only thing military operations in Iraq or Afghanistan. measures to enable effective U.S. im- to do. f plementation of the certification I thank the Chair and yield the scheme. We need to provide the Admin- Floor. TEXT OF AMENDMENTS istration with the authorization nec- f SA 434. Mr. MCCAIN (for himself, Mr. essary to ensure U.S. compliance with ALLEN, Mr. GRAHAM of South Carolina, this global, regulatory framework. SUBMITTED RESOLUTIONS Mr. CHAMBLISS, Mr. CRAIG, and Mr. That is why I am here today to intro- MILLER) proposed an amendment to the duce legislation that commits the bill S. 718, to provide a monthly allot- United States to mandatory implemen- SENATE RESOLUTION 102—RECOG- ment of free telephone calling time to tation of the Kimberley Process Cer- NIZING THE 40TH ANNIVERSARY members of the United States armed tification Scheme. OF THE SINKING OF THE USS forces stationed outside the United I join my distinguished colleagues, THRESHER (SSN 593) States who are directly supporting Senators GRASSLEY, DURBIN, FEINGOLD, Mr. SUNUNU (for himself, Mr. military operations in Iraq or Afghani- BINGAMAN, TALENT, and SNOWE, to in- GREGG, Ms. SNOWE, and Ms. COLLINS) stan; as follows: troduce the ‘‘Clean Diamond Trade submitted the following resolution; Strike out all after the enacting clause and Act.’’ This legislation is very similar which was considered and agreed to: insert the following: to a measure introduced in the House S. RES. 102 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Troops last week, H.R. 1415. Our bill is very Whereas the USS Thresher was first Phone Home Free Act of 2003’’. simple. The whole idea behind it is to launched at Portsmouth Naval Shipyard on commit the United States to a system July 9, 1960; SEC. 2. PURPOSE. of controls on the export and import of Whereas the USS Thresher departed Ports- It is the purpose of this Act to support the diamonds, so that buyers can be cer- mouth Naval Shipyard for her final voyage morale of the brave men and women of the on April 9, 1963, with a crew of 16 officers, 96 United States armed services stationed out- tain that their purchases are not fuel- side the United States who are directly sup- ing the rebel campaign. sailors, and 17 civilians; Whereas the mix of that crew reflects the porting military operations in Iraq or Af- Specifically, our legislation would ghanistan (as determined by the Secretary of prohibit the import of any rough dia- unity of the naval submarine service, mili- tary and civilian, in the protection of the Defense) by giving them the ability to place mond that has not been controlled Nation; calls to their loved ones without expense to through the Kimberley Process Certifi- Whereas at approximately 7:47 a.m. on them. cation Scheme. Put simply, this means April 10, 1963, while in communication with SEC. 3. FINDINGS. that every diamond brought into the the surface ship USS Skylark, and approxi- The Congress finds the following: United States would require a certifi- mately 300 miles off the coast of New Eng- (1) The armed forces of the United States land, the USS Thresher began her final de- are the finest in the world. cate of origin and authenticity, indi- (2) The members of the armed services are scent; cating that a rebel or terrorist group bravely placing their lives in danger to pro- Whereas the USS Thresher was declared has not laundered it onto the legiti- tect the security of the people of the United lost with all hands on April 10, 1963; States and to advance the cause of freedom mate market. Whereas from the loss of the USS Thresh- in Iraq. Additionally, the bill calls on the er, there arose the SUBSAFE program, (3) Their families and loved ones are mak- President to report annually to Con- which has kept United States’ submariners ing sacrifices at home in support of the gress on the control system’s effective- safe at sea ever since as the strongest, safest members of the armed services abroad. ness and also requires the General Ac- submarine force in history; (4) Telephone contact with family and counting Office to report on the law’s Whereas from the loss of the USS Thresh- friends provides significant emotional and effectiveness within two years of enact- er, there arose in our Nation’s universities psychological support to them and helps to ment. the ocean engineering curricula that enables sustain and improve morale. the United States’ preeminence in submarine Finally, Mr. President, our bill em- SEC. 4. DEPARTMENT OF DEFENSE TELE- warfare; and COMMUNICATIONS BENEFIT. phasizes that the Kimberley Process Whereas the crew of the USS Thresher (a) IN GENERAL.—As soon as possible after Certification Scheme is an ongoing demonstrated the ‘‘last full measure of devo- process and that our government the date of enactment of this Act, the Sec- tion’’ in service to this Nation, and this de- retary of Defense shall provide, wherever should continue to work with the votion characterizes the sacrifices of all sub- practicable, prepaid phone cards, or an international community to strength- mariners, past and present: Now, therefore, equivalent telecommunications benefit en the effectiveness of this global regu- be it which includes access to telephone service, latory framework. As the world’s big- Resolved, That the Senate— to members of the armed forces stationed gest diamond customer—purchasing (1) recognizes the 40th Anniversary of the outside the United States who are directly sinking of the USS Thresher; well over half of the world’s dia- supporting military operations in Iraq or Af- (2) remembers with profound sorrow the ghanistan (as determined by the Secretary) monds—our nation has a moral respon- loss of the USS Thresher and her gallant sibility to show continued leadership to enable them to make telephone calls to crew of sailors and civilians on April 10, 1963; family and friends in the United States with- on this issue. and out cost to the member. Quite candidly, there are a lot of (3) expresses its deepest gratitude to all (b) MONTHLY AMOUNT.—The value of the things in this world—a lot of terrible, submariners on ‘‘eternal patrol’’, who are benefit provided by subsection (a) shall not tragic things—that we don’t have the forever bound together by their dedicated exceed $40 per month per person. power to change or to fix. But today, and honorable service to the United States of (c) END OF PROGRAM.—The program estab- America. we can change something. We can lished by subsection (a) shall terminate on make a difference. We have the power SEC. 2. TRANSMISSION OF RESOLUTION. the date that is 60 days after the date on The Secretary of the Senate shall transmit which the Secretary determines that Oper- to help put an end to the indescribable a copy of this resolution to the Chief of ation Iraqi Freedom has ended. suffering and violence caused by dia- Naval Operations and to the Commanding (d) FUNDING.— mond-related conflicts. We have that Officer of the Portsmouth Naval Shipyard to (1) USE OF EXISTING RESOURCES.—In car- power, and we must use it. And so, I be accepted on behalf of the families and rying out this section, the Secretary shall urge my colleagues to join me in sup- shipmates of the crew of the USS Thresher. maximize the use of existing Department of Defense telecommunications programs and port of this much-needed legislation. f We have an obligation—a moral re- capabilities, private support organizations, private entities offering free or reduced-cost sponsibility—to help stop the violence, AMENDMENTS SUBMITTED & PROPOSED services, and programs to enhance morale the brutality, the needless killing and and welfare. maiming. No other child should kill or SA 434. Mr. MCCAIN (for himself, Mr. (2) USE OF APPROPRIATED FUNDS.—In addi- be killed in diamond-related conflicts. ALLEN, Mr. GRAHAM, of South Carolina, Mr. tion to resources described in paragraph (1)

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.077 S01PT1 S4646 CONGRESSIONAL RECORD — SENATE April 1, 2003 and notwithstanding any limitation on the ley Authority; and other pending nomi- on the Safety of Radioactive Waste expenditure or obligation of appropriated nations. Management, T. Doc. 106–48. amounts, the Secretary may use available The meeting will be held in SD 406. The PRESIDING OFFICER. Without funds appropriated to or for the use of the The PRESIDING OFFICER. Without objection, it is so ordered. Department of Defense that are not other- wise obligated or expended to carry out this objection, it is so ordered. COMMITTEE ON THE JUDICIARY section. COMMITTEE ON FINANCE Mr. CRAIG. Mr. President, I ask SEC. 5. DEPLOYMENT OF ADDITIONAL TELE- Mr. CRAIG. Mr. President, I ask unanimous consent that the Com- PHONE EQUIPMENT. unanimous consent that the Com- mittee on the Judiciary be authorized The Secretary of Defense shall work with mittee on Finance be authorized to to meet to conduct a judicial nomina- telecommunications providers to facilitate meet during the session on Tuesday, tions hearing on Tuesday, April 1, 2003, the deployment of additional telephones for April 1, 2003, at 10 a.m., to hear testi- at 10 a.m., in the Dirksen Senate Office use in calling the United States under this Act as quickly as practicable, consistent mony on Taxpayer Alert: Choosing a Building Room 226. with the availability of resources. Consistent Paid Preparer and the Pitfalls of Chari- Panel I: The Honorable Bob Graham; with the timely provision of telecommuni- table Car Donations. The Honorable Bill Nelson; cations benefits under this Act, the Sec- The PRESIDING OFFICER. Without The Honorable Mary Landrieu; retary should carry out this section and sec- objection, it is so ordered. The Honorable Bill Frist. tion 4 in a manner that allows for competi- COMMITTEE ON FINANCE Panel II: Carolyn B. Kuhl, to be U.S. tion in the provision of such benefits. Mr. CRAIG. Mr. President, I ask Circuit Judge for the Ninth Circuit. SEC. 6. NO COMPROMISE OF MILITARY MISSION. unanimous consent that the Com- Panel III: Cecilia M. Altonaga, to be The Secretary of Defense shall not take mittee on Finance be authorized to U.S. District Judge for the Southern any action under this Act that would com- District of Florida; promise the military objectives or mission of meet during the session on Tuesday, the Department of Defense. April 1, 2003, at 12 p.m., to hear testi- Patricia Head Minaldi, to be U.S. District Judge for the Western District f mony on the Nominations of Mark Van Dyke Holmes, to be Judge of the of Louisiana. NOTICES OF HEARINGS/MEETINGS United States Tax Court; Diane L. The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS Kroupa, to be Judge of the United objection it is so ordered. Mr. CAMPBELL. Mr. President, I States Tax Court; Robert Allen SELECT COMMITTEE ON INTELLIGENCE would like to announce that the Com- Wherry, Jr., to be Judge of the United Mr. CRAIG. Mr. President, I ask mittee on Indian Affairs will meet on States Tax Court; and Harry A. Haines unanimous consent that the Select Wednesday, April 2, 2003, at 10 a.m. in to be Judge of the U.S. Tax Court. Committee on Intelligence be author- Room 485 of the Hart Senate Office The PRESIDING OFFICER. Without ized to meet during the session of the Building to conduct a hearing on S. 556, objection, it is so ordered. Senate on Tuesday, April 1, 2003 at 2:30 a bill to Reauthorize the Indian Health COMMITTEE ON FOREIGN RELATIONS p.m. to hold a hearing on Intelligence Care Improvement Act. Mr. CRAIG. Mr. President, I ask Matters. Those wishing additional information unanimous consent that the Com- The PRESIDING OFFICER. Without may contact the Indian Affairs Com- mittee on Foreign Relations be author- objection, it is so ordered. mittee at 224–2251. ized to meet during the session of the SUBCOMMITTEE ON READINESS AND COMMITTEE ON INDIAN AFFAIRS Senate on Tuesday, April 1, 2003, at 9:30 MANAGEMENT SUPPORT Mr. CAMPBELL. Mr. President, I a.m., to hold a hearing on NATO. Mr. CRAIG. Mr. President, I ask unanimous consent that the Sub- would like to announce that the Com- Witnesses mittee on Indian Affairs will meet on committee on Readiness and Manage- Wednesday, April 9, 2003, at 10 a.m. in Panel 1: ‘‘A View From Brussels.’’ ment Support of the Armed Services Room 485 of the Hart Senate Office The Honorable Nicholas R. Burns, U.S. Committee be authorized to meet dur- Building to conduct a hearing on S. 285, Permanent Representative to North ing the session of the Senate on Tues- to authorize the integration and con- Atlantic Treaty Organization, Brus- day, April 1, 2003, at 9:00 a.m., in open solidation of alcohol and substance sels, Belgium. session to continue to receive testi- abuse programs and services provided 9:45: Business Meeting to ratify the mony on the impacts of environmental by Indian tribal governments, and for Joint Convention on the Safety of laws on readiness and the related ad- other purposes; S. 558, a bill to Elevate Spent Fuel Management and on the ministration legislative proposal in re- the Director of the Indian Health Serv- Safety of Radioactive Waste Manage- view of the defense authorization re- ice to be Assistant Secretary for Indian ment. quest for fiscal year 2004. Health, and for other purposes; and S. Panel 2: ‘‘New Members & A Chang- The PRESIDING OFFICER. Without 555, to establish the Native American ing Alliance.’’ Dr. Ronald D. Asmus, objection, it is so ordered. Health and Wellness Foundation, and Senior Transatlantic Fellow, German SUBCOMMITTEE ON SEAPOWER for other purposes. Marshall Fund, Washington, DC; Mr. CRAIG. Mr. President, I ask Those wishing additional information Mr. Bruce Jackson, President, unanimous consent that the Sub- may contact the Indian Affairs Com- Project on Transitional Democracies, committee on Seapower of the Com- mittee at 224–2251. Washington, DC. mittee on Armed Services be author- Full committee open: Senator LUGAR f ized to meet during the session of the will preside, March 31, 2003. Senate on Tuesday, April 1, 2003, at 2:30 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without p.m., in open session to receive testi- MEET objection, it is so ordered. mony on Navy and Marine Corps devel- COMMITTEE ON ENVIRONMENT AND PUBLIC COMMITTEE ON FOREIGN RELATIONS opment priorities, procurement prior- WORKS Mr. CRAIG. Mr. President, I ask ities, and Navy shipbuilding programs, Mr. CRAIG. Mr. President, I ask unanimous consent that the Com- in review of the defense authorization unanimous consent that the Com- mittee on Foreign Relations be author- request for fiscal year 2004 and the fu- mittee on Environment and Public ized to meet during the session of the ture years defense program. Works be authorized to meet on Tues- Senate on Tuesday, April 1, 2003, at 9:45 day, April 1 at 9:30 a.m. to conduct a a.m., to hold a business meeting to rat- Witnesses hearing to consider the nominations of: ify the ‘‘Joint Convention on the Safe- Panel I: Admiral Vernon E. Clark, Ricky Dale James to be a Member of ty of Spent Fuel Management’’ and on USN, Chief of Naval Operations; Gen- the Mississippi River Commission; the ‘‘Safety of Radioactive Waste Man- eral Michael W. Hagee, USMC, Com- Rear Admiral Nicholas A. Prahl, agement,’’ T. Doc. 106–48. mandant of the Marine Corps. NOAA, to be a Member of the Mis- The Committee will consider and Panel II: The Honorable John J. sissippi River Commission; and from vote on the following agenda item: Young, Jr., Assistant Secretary of the Richard W. Moore, nominated to be In- Treaty: Joint Convention on the Navy for Research, Development, and spector General of the Tennessee Val- Safety of Spent Fuel Management, and Acquisition; Vice Admiral Michael G.

VerDate Dec 13 2002 03:00 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.097 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4647 Mullen, USN, Deputy Chief of Naval Furthermore, this legislation would to the air wing in strike planning, Operations for Resources, Require- cover those Reserve Component per- flight execution and carrier operations. ments, and Assessments. sonnel who were serving in a drill sta- Their day and night time boarding The PRESIDING OFFICER. Without tus in the Pentagon during the attacks rates and landing grades have exceeded objection, it is so ordered. on the United States on 9/11. all other Carrier Air Wing 8’s squad- f This bill has the support of the Mili- rons. PRIVILEGE OF THE FLOOR tary Coalition, a consortium of nation- ally prominent uniformed services and While these are only two of the de- Mr. ALLARD. Mr. President, I ask veterans organizations representing ployments that have taken place in re- unanimous consent to allow my judi- more than 5.5 million members, the Na- cent years, they highlight the ever-in- cial nomination staffer, Cory Gardner, tional Guard, and the Senate Armed creasing role of reservists in defending to be allowed to sit next to me on the Services Committee. America’s security interests around floor along with a member of Senator The roles and missions of the Reserve the world, and mark a radical depar- HATCH’s Judiciary staff, Ryan components has changed over the past ture from the past. Higginboth. several years, as the active duty force The PRESIDING OFFICER. Without The figures are quite staggering has evolved from the downsizing of our objection, it is so ordered. when considered in total. military forces during the last decade. Today, nearly 60,000 reservists and f I suspect that more changes will come National Guardsmen, including volun- THE CALENDAR as our national military strategy con- Mr. TALENT. Mr. President, I ask tinues to evolve. teers, are deployed under three Presi- unanimous consent that the Senate Instead, we have a military force dential callup orders for Bosnia, proceed to the immediate consider- that continues to rely more on the Re- Kosovo, and Southwest Asia. For Oper- ation of the following calendar items serve Components—men and women in ations Noble Eagle, Enduring Freedom en bloc: Calendar No. 54 and Calendar the National Guard and Reserves—to and Iraqi Freedom over 275,000 men and No. 55. go to war and to perform other critical women from the National Guard and The PRESIDING OFFICER. The military tasks abroad and at home. the Reserves have been mobilized. clerk will report the bills by title. Many combat, combat support and During each of the past 5 years, Re- The legislative clerk read as follows: other support missions are being car- serve and National Guard service mem- A bill (S. 711) to amend title 37, United ried on the backs of our active and Re- bers have performed between 12 and States Code, to alleviate delay in the pay- serve Component forces—soldiers, sail- 13.5 million duty days in support of the ment of the Selected Reserve reenlistment ors, airmen and marines. bonus to members of Selected Reserve who active force. These numbers are a di- For example, in March 2001, the rect contrast to 1990, when 1 million are mobilized. Army National Guard 29th Infantry Di- A bill (S. 712) to amend title 10, United duty days were performed at a time vision took command of the American States Code, to provide Survivor Benefit when there were 25 percent more re- peacekeeping mission in Bosnia. The Plan annuities for surviving spouses of Re- servists. serves not eligible for retirement who die significance of this deployment was from a cause incurred or aggravated while on enormous, considering that more than Reservists also currently make up inactive-duty training. 75 percent of the 4,000 U.S. Army sol- more than half of the airlift crews and There being no objection, the Senate diers on the ground were Army Reserve 85 percent of the sealift personnel that proceeded to consider the bills. and Guard soldiers from 17 states—not are needed to move troops and equip- Mr. MCCAIN. Mr. President, I rise to just headquarters’ staff, but oper- ment in either wartime or peacetime talk about two bills—S. 711 and S. 712. ational units as well. operations. In addition, reserve med- I am honored to cosponsor these bills More recently, in October 2002, Fight- ical and construction battalions and with Senators LINDSEY GRAHAM, er/Attack Squadron 201’s commanding other specialists are critical to a wide CHAMBLISS, and ALLEN. There may be officer received the call to mobilize range of operations. that many Reserve Component com- others that also wish to cosponsor National Guard and Reserve service these bills to support our service men manding officers have recently re- members are performing many vital and women. ceived. With few exceptions over 100 S. 711 simply authorizes a Selective Navy reservists mobilized with their 12 tasks: from direct involvement in mili- Re-enlistment Bonus, SRB, for Na- F/A–18 Hornet A-plus jets, and began tary operations to liberate Iraq in the tional Guard and Reserve service mem- work-ups with Carrier Air Wing 8 in air, on the ground, and on the sea; to bers who would be eligible for SRB if Nevada and full day and night carrier guarding nuclear power plants in the they were in a nonmobilized or drilling qualifications at sea. The impact of United States; to providing support to status. However, when they are mobi- this accomplishment cannot be over- the War on Terrorism through guard- lized under a Presidential select Re- stated. It was the first time since the ing, interrogating, and providing med- serve callup and they re-enlist during Korean War that an entire Naval Air ical service to al-Qaida detainees; to that period, National guardsmen and Reserve Squadron has deployed aboard rebuilding schools in hurricane-strick- reservists are prohibited from receiv- an aircraft carrier, and this time VFA– en Honduras and fighting fires in our ing SRB payments until after they get 201’s base was not Fort Worth, Texas western states; from overseeing civil off active duty or mobilization status but the flight deck of the USS Theo- affairs in Bosnia, to augmenting air- sometimes 1 to 2 years later. dore Roosevelt, CVN–71. craft carriers short on active duty sail- S. 712 authorizes Survivor Benefit The reports from the field are out- ors with critical skilled enlisted rat- Plan, SBP, benefits to survivors of Na- standing. VFA–201, like hundreds of ings during at-sea exercises as well as tional Guard and Reserve service mem- other aviators during the first night of periods of deployment. ‘‘shock and awe,’’ flew their Hornets bers who die while performing inactive I believe that the civilian and uni- duty training or weekend drills. downtown to Baghdad. The pilots and formed leadership of our Armed Forces This legislation provides equity with their maintenance crews hailed from active duty service members and is Texas, Arizona, California, New Mex- and the Congress must recognize this consistent with Defense Department ico, Georgia, Florida, Nevada, Utah and involvement, and at a minimum pro- regulations when National guardsmen Colorado. They are citizen soldiers. vide equality in benefits for Reserve and reservists are mobilized under a Thirteen of eighteen VFA–201 pilots are Component service members when they Presidential select Reserve callup. airline pilots who took a temporary put on the uniform and perform their However, since January there have leave of absence from their airline jobs. weekend drills or other critical train- been 13 Reserve Component deaths dur- They were similar to active duty ing evolutions. Reservists, on duty, ing weekend military training while sailors, yet they were different. Be- who resemble their active duty coun- their units were preparing for Oper- cause they were reservists, every avi- terparts during training evolutions and ations Enduring Freedom and Iraqi ator has cruise experience, over 1,000 are deployed at times around the Freedom where families of National flight hours, and many have over 1,000 world, should be treated equally when guardsmen and reservists did not re- or 2,000 hours in the F/A–18. VFA–201’s the administration and Congress pro- ceive the survivor benefit payments. squadron aviators provided leadership vide for quality of life benefits.

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.107 S01PT1 S4648 CONGRESSIONAL RECORD — SENATE April 1, 2003 I hope that all my colleagues will spect to performance of inactive-duty train- submarines. These measures have support these bills as a small expres- ing (as defined in section 101(d) of title 10, served to benefit our Navy ever since. sion of support and willingness to pro- United States Code) on or after that date. f Built at the Portsmouth Naval Ship- vide not just equality in quality of life yard and commissioned in August of TO INCREASE THE AMOUNT OF benefits for our National guardsmen 1961, the USS Thresher was the lead DEATH GRATUITY TO ARMED and reservists but support to all our ship in a new class of nuclear-powered men and women—our treasure—who FORCES MEMBERS attack submarines. are sacrificing so much for our nation, Mr. TALENT. Mr. President, I ask our freedoms and the freedom of the unanimous consent that the Armed In the fall of 1961 and throughout Iraqi people. Services Committee be discharged from 1962, the Thresher was put through its Mr. TALENT. Mr. President, I ask further consideration of S. 704 and that paces along the eastern seaboard to unanimous consent that the bills be the Senate proceed to its immediate test its new technological and weapons read a third time and passed, en bloc; consideration. advancements. Once these tests were that the motions to reconsider be laid The PRESIDING OFFICER. Without completed, the Thresher returned to upon the table, en bloc; and that any objection, it is so ordered. The clerk New England for an overhaul where she statements relating to the bills be will report the bill by title. remained until the spring of 1963. printed in the RECORD. The legislative clerk read as follows: On April 9, 1963, the Thresher de- The PRESIDING OFFICER. Without A bill (S. 704) to amend title 10, United parted the Portsmouth Naval Shipyard objection, it is so ordered. States Code, to increase the amount of the to conduct deep sea diving exercises The bills (S. 711 and S. 712) were read death gratuity payable with respect to de- the third time and passed, as follows: ceased members of the Armed Forces. some 200 miles off the coast of New England. In the morning hours of April S. 711 There being no objection, the Senate 10, 1963, after reaching her assigned Be it enacted by the Senate and House of Rep- proceeded to consider the bill. resentatives of the United States of America in Mr. TALENT. Mr. President, I ask depth, the USS Thresher, signaled her Congress assembled, unanimous consent that the bill be companion surface ship, the USS Sky- SECTION 1. PAYMENT OF SELECTED RESERVE read a third time and passed; that the lark, that it was experiencing difficul- REENLISTMENT BONUS TO MEM- ties. Shortly thereafter, the crew of the BERS OF SELECTED RESERVE WHO motion to reconsider be laid upon the ARE MOBILIZED. table; and that any statements relating Skylark realized that something had Section 308b of title 37, United States Code, to the bill be printed in the RECORD. gone very wrong as they heard the is amended— The PRESIDING OFFICER. Without sound of the Thresher breaking apart. (1) by redesignating subsections (d), (e), objection, it is so ordered. In the investigation that followed and (f) as subsections (e), (f), and (g), respec- The bill (S. 704) was read the third this terrible accident, the conclusion tively; and time and passed, as follows: (2) by inserting after subsection (c) the fol- was reached that the Thresher in all S. 704 lowing new subsection (d): likelihood had sunk due to a failure in ‘‘(d) PAYMENT TO MOBILIZED MEMBERS.—In Be it enacted by the Senate and House of Rep- its piping, a subsequent loss of power, the case of a member entitled to a bonus resentatives of the United States of America in and an inability to blow the ballast under this section who is called or ordered to Congress assembled, tanks which would have allowed the active duty, any amount of such bonus that SECTION 1. INCREASE IN DEATH GRATUITY PAY- sub to rise. To this day, the remains of is payable to the member during the period ABLE WITH RESPECT TO DECEASED of active duty of the member shall be paid MEMBERS OF THE ARMED FORCES. the Thresher rest some 8,500 feet below the member during that period of active (a) INCREASE IN DEATH GRATUITY.—Section the ocean’s surface. duty, notwithstanding the service of the 1478(a) of title 10, United States Code, is amended by striking ‘‘$6,000’’ and inserting As a result of the Thresher incident, member on active duty pursuant to such call the Navy initiated two significant or order to active duty.’’. ‘‘$12,000’’. (b) EFFECTIVE DATE.—The amendment changes to enhance submarine safety. S. 712 made by subsection (a) shall take effect on The first of these was the SUBSAFE Be it enacted by the Senate and House of Rep- September 11, 2001, and shall apply with re- program, which ensured that every resentatives of the United States of America in spect to deaths occurring on or after that Congress assembled, submarine in the fleet and every future date. submarine built had to pass a rigorous SECTION 1. SURVIVOR BENEFIT PLAN ANNUITIES f FOR SURVIVING SPOUSES OF RE- testing program on hull integrity sys- SERVES NOT ELIGIBLE FOR RETIRE- RECOGNIZING 40TH ANNIVERSARY tems as well as pressure-related parts. MENT WHO DIE FROM A CAUSE IN- OF SINKING OF USS ‘‘THRESHER’’ CURRED OR AGGRAVATED WHILE No sub would go into service without a ON INACTIVE-DUTY TRAINING. Mr. TALENT. Mr. President, I ask 100-percent certification. (a) SURVIVING SPOUSE ANNUITY.—Para- unanimous consent that the Senate Second, this tragedy inspired the graph (1) of section 1448(f) of title 10, United proceed to the immediate consider- Navy to encourage a new ocean engi- States Code, is amended to read as follows: ation of S. Res. 102, which was sub- neering discipline within a handful of ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec- mitted earlier today by Senator retary concerned shall pay an annuity under prestigious educational institutions. SUNUNU. Today, engineers in this discipline are this subchapter to the surviving spouse of— The PRESIDING OFFICER. The ‘‘(A) a person who is eligible to provide a trained to design and implement sys- clerk will report the resolution by reserve-component annuity and who dies— tems that can withstand the rigors of a title. ‘‘(i) before being notified under section lifetime’s use in ocean waters. 12731(d) of this title that he has completed The legislative clerk read as follows: the years of service required for eligibility A resolution (S. Res. 102) recognizing the Today, I join with Senators GREGG, for reserve-component retired pay; or 40th anniversary of the sinking of the USS SNOWE and COLLINS to submit this reso- ‘‘(ii) during the 90-day period beginning on Thresher. lution to honor the naval and civilian the date he receives notification under sec- There being no objection, the Senate crew of the USS Thresher. tion 12731(d) of this title that he has com- proceeded to consider the resolution. pleted the years of service required for eligi- This resolution will provide Senate Mr. SUNUNU. Mr. President, this recognition of the 40th anniversary of bility for reserve-component retired pay if legislation pays tribute to the 129 offi- he had not made an election under sub- the Thresher incident—April 10—and section (a)(2)(B) to participate in the Plan; cers, sailors, and civilians who lost pay tribute to her valiant crew. The their lives aboard the USS 40 or Thresher resolution also calls on the Senate to ‘‘(B) a member of a reserve component not years ago next week. The loss of these brave individuals express its deep gratitude to all Amer- described in subparagraph (A) who dies from ican submariners who are on ‘‘eternal an injury or illness incurred or aggravated in was a tragedy for the U.S. submarine line of duty during inactive-duty training.’’. service, for the Navy, and the Nation. patrol.’’ (b) CONFORMING AMENDMENT.—The heading Yet out of this tragedy, the Navy was Next week, on the 40th anniversary of for subsection (f) of section 1448 of such title able to learn important lessons about the Thresher accident, Senators GREGG, is amended by inserting ‘‘OR BEFORE’’ after submarine safety and acted to correct SNOWE, COLLINS and I will submit an- ‘‘DYING WHEN’’. (c) EFFECTIVE DATE.—The amendments design and construction concerns that other resolution that will call on the made by this section shall take effect as of existed on other subs, and prevent en- Secretary of the Army to erect a mod- September 10, 2001, and shall apply with re- gineering and design flaws on future est memorial at Arlington National

VerDate Dec 13 2002 04:57 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.103 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — SENATE S4649 Cemetery to honor the men and women Cayey, Steven George, Torpedoman’s Mate Muise, Ronald Arthur, Commissaryman Sec- who were lost on the Thresher as well Second Class ond Class as other nuclear submariners lost at Christiansen, Edward, Seaman Musselwhite, James Alton, Electronics Tech- Claussen, Larry William, Electrician’s Mate nician Second Class sea. Second Class Nault, Donald Emery, Commissaryman First The memorial would be designed not Clements, Thomas Edward, Electronics Class to detract in any way from the solemn Technician Third Class Noonis, Walter Jack, Chief Radioman nature of Arlington. In fact, I believe it Cummings, Francis Michael, Sonarman Sec- Norris, John Daniel, Electronics Technician ond Class First Class would provide visitors a place of reflec- Dabruzzi, Samuel Joseph, Electronics Tech- tion where they can pay their respects Oetting, Chesley Charles, Electrician’s Mate nician Second Class Second Class to all of these brave individuals. Davison, Clyde Elcott, III, Electronics Tech- Pennington, Roscoe Cleveland, Chief Elec- nician Third Class Our Nation’s submarine force is often trician’s Mate Day, Donald Clifford, Engineman Third Class referred to as the ‘‘silent service.’’ Peters, James Glen, Senior Chief Elec- Denny, Roy Overton, Jr., Electrician’s Mate trician’s Mate They are the original stealth fighters, First Class and, as such, submarines and their Dibella, Peter Joseph, Seaman Phillippi, James Frank, Sonarman Second Class crews have proven to be a critical com- Dundas, Don Roy, Electronics Technician Second Class Philput, Dan Andrew, Engineman Second ponent of our Nation’s defense. It is Class only fitting that we pay tribute to Dyer, Troy Earl, Electronics Technician First Class Podwell, Richard, Machinist’s Mate Second those who risk their lives for us as well Forni, Ellwood Henry, Chief Sonarman Class as those who have paid the ultimate Foti, Raymond Peter, Electronics Techni- Regan, John Sage, Machinist’s Mate First sacrifice. cian First Class Class I encourage my colleagues to join Freeman, Larry Wayne, Fire Control Techni- Richie, James Patrick, Radioman Second Class Senators GREGG, SNOWE, COLLINS and cian Second Class Fusco, Gregory Joseph, Electrician’s Mate Robison, Pervis, Seaman me in honoring these individuals by Second Class Rountree, Glenn Alva, Quartermaster Sec- supporting both of these measures. And Gallant, Joseph Andrew, Chief Hospitalman ond Class I ask for their speedy consideration by Garcia, Napoleon Tomas, Chief Steward Rushetski, Anthony Alexander, Electronics the Senate. Garner, John Edmond, Yeoman Seaman Technician Second Class The 129 men of the USS Thresher who Gaynor, Robert William, Engineman Second Schiewe, James Michael, Electrician’s Mate lost their lives deserve our recognition Class First Class Gosnell, Robert Howard, Seaman Shafer, Benjamin Nathan, Master Chief Elec- and our gratitude. Therefore, I ask Graham, William Edward, Chief Sonarman trician’s Mate unanimous consent that the names of Gunter, Aaron Jackie, Chief Quartermaster Shafer, John Davis, Senior Chief Elec- these men—the 16 officers, 96 crew and Hall, Richard Charles, Electronics Techni- trician’s Mate 17 civilian technicians aboard the cian Second Class Shimko, Joseph Thomas, Machinist’s Mate Thresher be printed in the RECORD. Hayes, Norman Theodore, Electronics Mate First Class There being no objection, the mate- First Class Shotwell, Burnett Michael, Electronics Heiser, Laird Glenn, Machinist’s Mate First Technician Seaman rial was ordered to be printed in the Class Sinnett, Alan Dennison, Fire Control Tech- RECORD, as follows: Helsius, Marvin Theodore, Machinist’s Mate nician Second Class UNITED STATES SHIP ‘‘THRESHER’’ (SSN 593) Second Class Smith, William Harry, Jr., Boilerman First IN MEMORIAM, APRIL 10, 1963 Hewitt, Leonard Hogentogler, Chief Elec- Class trician’s Mate Snider, James Leonard, Machinist’s Mate OFFICERS Hoague, Joseph Hartshorne, Torpedo-man’s First Class Allen, Philip Harcourt, Lieutenant Com- Mate First Class Solomon, Ronald Hal, Chief Electrician’s mander Hodge, James Porter, Electrician’s Mate Mate Second Class Babcock, Ronald Clare, Lieutenant Junior Steinel, Robert Edwin, Sonarman First Class Grade Hudson, John Francis, Engineman First Class Van Pelt, Roger Edwin, Interior Communica- Biederman, Robert Donald, Lieutenant tions Electrician First Class Inglis, John Penfield, Seaman Billings, John Hilary, Lieutenant Com- Walski, Joseph Alfred, Radioman First Class mander Johnson, Brawner Garth, Fire Control Tech- Wasel, David Allan, Radioman Seaman Collier, Merrill Francis, Lieutenant nician First Class DiNola, Michael John, Lieutenant Com- Johnson, Edward Albert, Chief Engineman Wiggins, Charles Louis, Fire Control Techni- mander Johnson, Richard Lee, Radioman Seaman cian First Class Garner, Pat Mehaffy, Lieutenant Com- Johnson, Robert Eugene, Chief Wise, Donald Edward, Chief Machinist’s mander Torpedoman’s Mate Mate Grafton, John Gilbert, Lieutenant Junior Johnson, Thomas Benjamin, Electronics Wolfe, Ronald Eugene, Quartermaster Sea- Grade Technician First Class man Harvey, John Wesley, Lieutenant Com- Jones, Richard William, Electrician’s Mate Zweifel, Jay Henry, Electrician’s Mate Sec- mander Second Class ond Class Henry, James John, Jr., Lieutenant Junior Kaluza, Edmund Joseph, Sonarman Second CIVILIANS Grade Class Abrams, Fred Philip, Inspector, Portsmouth Krag, Robert Lee, Lieutenant Commander Kantz, Thomas Charles, Electronics Techni- cian Second Class Naval Shipyard Lyman, John Sheldon, Jr., Lieutenant Com- Beal, Daniel W., Jr., Electronic Engineer, mander Kearney, Robert Dennis, Machinist’s Mate Portsmouth Naval Shipyard Malinski, Frank John, Lieutenant Junior Third Class Grade Keiler, Ronald Dean, Interior Communica- Charron, Robert E., Electronic Technician, Portsmouth Naval Shipyard Parsons, Guy Carrington, Jr., Lieutenant tions Electrician Second Class Junior Grade Kiesecker, George John, Machinist’s Mate Corcoran, Kenneth James, Progressman, Portsmouth Naval Shipyard Smarz, John, Jr., Lieutenant Second Class Klier, Billy Max, Engineman First Class Critchley, Kenneth James, Progressman, Wiley, John Joseph, Lieutenant Junior Portsmouth Naval Shipyard Grade Kroner, George Ronald, Commissaryman Third Class Currier, Paul Chevalier, Progressman, Ports- SHIPS CREW Lanouette, Norman Gilbert, Quartermaster mouth Naval Shipyard Arsenault, Tilmon J., Chief Engineman First Class DesJardins, Richard Roy, Mechanical Engi- Bain, Ronald Eugene, Engineman Second Lavoie, Wayne Wilfred, Yeoman First Class neer, Portsmouth Naval Shipyard Class Mabry, Templeman Norwood, Jr., Dineen, George J., Electrician, Portsmouth Bell, John Edward, Machinist’s Mate First Engineman Second Class Naval Shipyard Class Mann, Richard Herman, Jr., Interior Com- Fisher, Richard Kaye, Mechanical Engineer, Bobbitt, Edgar Solon, Electrician’s Mate munications Electrician Second Class Portsmouth Naval Shipyard Second Class Marullo, Julius Francis, Jr., Quartermaster Guerette, Paul Alfred, Engineering Techni- Boster, Gerald Charles, Electrician’s Mate First Class cian, Portsmouth Naval Shipyard Third Class McClelland, Douglas Ray, Electrician’s Mate Jaquay, Maurice Frank, Sonar Field Engi- Bracey, George, Steward Third Class Second Class neer, Raytheon Company Brann, Richard Paul, Engineman Second McCord, Donald James, Machinist’s Mate Kuester, Donald William, Electronics Engi- Class First Class neer, Naval Ordnance Laboratory Carkoski, Richard James, Engineman First McDonough, Karl Paul, Torpedoman’s Mate Moreau, Henry Charles, Leadingman, Ports- Class Third Class mouth Naval Shipyard Carmody, Patrick Wayne, Storekeeper Sec- Middleton, Sidney Lynn, Machinist’s Mate Palmer, Franklin James, Leadingman, ond Class First Class Portsmouth Naval Shipyard

VerDate Dec 13 2002 04:47 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 8472 E:\CR\FM\G01AP6.060 S01PT1 S4650 CONGRESSIONAL RECORD — SENATE April 1, 2003 Prescott, Robert Dan, Marine Engineer, land, the U.S.S. Thresher began her final de- eral nature of our amendments and we Portsmouth Naval Shipyard scent; will be ready to offer those starting to- Stadtmuller, Donald T., Field Engineer, Whereas the U.S.S. Thresher was declared morrow morning, as soon as they com- Sperry Gyroscope Company lost with all hands on April 10, 1963; plete their opening statements. Whitten, Lawrence Eugene, Electronic Engi- Whereas from the loss of the U.S.S. neer, Portsmouth Naval Shipyard As I indicated, the Democratic leader Thresher, there arose the SUBSAFE pro- has indicated he wants us to work as Mr. GREGG. Mr. President, today I gram, which has kept United States’ subma- quickly, as expeditiously, and as com- wish to honor the brave Americans who riners safe at sea ever since as the strongest, pletely as possible, making sure we served on the USS Thresher. The nu- safest submarine force in history; have the number of amendments we clear submarine USS Thresher, named Whereas from the loss of the U.S.S. feel strongly about but not overload after a shark, was built with extreme Thresher, there arose in our Nation’s univer- this bill with extraneous amendments. pride by yankee craftsmen working at sities the ocean engineering curricula that We look forward to having this matter the Portsmouth Naval Shipyard, Ports- enables the United States’ preeminence in completed sometime Thursday. mouth, NH. After operations in the At- submarine warfare; and I have no objection to the initial re- lantic and Caribbean, she returned to Whereas the crew of the U.S.S. Thresher demonstrated the ‘‘last full measure of devo- quest. the Portsmouth Naval Shipyard for Mr. TALENT. Mr. President, I fur- overhaul, and then on April 10, 1963 she tion’’ in service to this Nation, and this de- votion characterizes the sacrifices of all sub- ther ask unanimous consent that at 11 went back to sea for post-overhaul a.m., the Senate proceed to the consid- trials. Sadly, during those deep-diving mariners, past and present: Now, therefore, be it eration of the supplemental appropria- trials, the Thresher was lost off the Resolved, That the Senate— tions bill as reported by the Appropria- coast of New England, along with all 96 (1) recognizes the 40th Anniversary of the tions Committee. I further ask consent sailors, 16 officers, and 17 civilians on sinking of the U.S.S. Thresher; that at 1:30 p.m., the Senate then pro- board, falling more than 8,000 feet (2) remembers with profound sorrow the ceed to executive session and there below the sea. loss of the U.S.S. Thresher and her gallant then be 30 minutes of debate equally di- The sailors, officers and civilians crew of sailors and civilians on April 10, 1963; vided in the usual form prior to the aboard the USS Thresher made the ulti- and cloture vote on the nomination of mate sacrifice in support of our Nation. (3) expresses its deepest gratitude to all Miguel Estrada to be a circuit judge for They are remembered daily throughout submariners on ‘‘eternal patrol’’, who are the DC Circuit; provided further that if New Hampshire, and Maine, and cer- forever bound together by their dedicated cloture is not invoked, the Senate then tainly within the U.S. Navy. This and honorable service to the United States of return to legislative session. measure we introduced recognizes the America. The PRESIDING OFFICER. Without courage and bravery these men dem- SEC. 2. TRANSMISSION OF RESOLUTION. objection, it is so ordered. onstrated in risking their lives in the The Secretary of the Senate shall transmit f development of the United States a copy of this resolution to the Chief of Navy’s submarine program, a program Naval Operations and to the Commanding PROGRAM which has proven invaluable to the Officer of the Portsmouth Naval Shipyard to Mr. TALENT. Mr. President, for the American military. The tragedy of the be accepted on behalf of the families and information of all Senators, the Senate USS Thresher demonstrates the inher- shipmates of the crew of the U.S.S. Thresher. will be in a period for morning business ent danger of submarine service. f tomorrow morning until 11 a.m. to On this the 40th anniversary of the allow Members to continue to make ORDERS FOR WEDNESDAY, APRIL statements in support of our troops. tragedy, it is fitting that the Senate 2, 2003 remembers with profound sorrow the This is, of course, according to the ma- loss of the USS Thresher and her gal- Mr. TALENT. Mr. President, I ask jority leader. At 11 a.m., the Senate lant crew of sailors and civilians; and unanimous consent that when the Sen- will begin consideration of the supple- expresses its deepest gratitude to all ate completes its business today, it mental appropriations bill. Amend- submariners on eternal patrol, who are stand in adjournment until 10 a.m., ments are anticipated on that measure. forever bound together by their dedi- Wednesday, April 2. I further ask that The majority leader would encourage cated and honorable service to the following the prayer and pledge, the Members to notify the managers if United States of America. May our morning hour be deemed expired, the they intend to offer any amendments. country never forget those who gave Journal of proceedings be approved to At 2, the Senate will conduct the their last full measure on the USS date, the time for the two leaders be fourth cloture vote in relation to the Thresher. reserved for their use later in the day, Estrada nomination. Following that and the Senate then begin a period for Mr. TALENT. I ask unanimous con- cloture vote, the Senate will resume morning business until 11 a.m., with consideration of the supplemental ap- sent that the resolution be agreed to, the time equally divided between Sen- the preamble be agreed to, the motion propriations bill. The Senate will com- ator HUTCHISON and the minority lead- plete action on the supplemental this to reconsider be laid upon the table, er or their designees. and that any statements relating week so we can get the necessary funds thereto be printed in the RECORD. The PRESIDING OFFICER. The Sen- flowing to our brave men and women ator from Nevada. The PRESIDING OFFICER. Without who are serving in Iraq. Therefore, the objection, it is so ordered. Mr. REID. Reserving the right to ob- leader would inform all Senators to ex- ject, before the unanimous consent re- pect a busy day tomorrow with rollcall The resolution (S. Res. 102) was quest is completed, I will state that we votes throughout. agreed to. had a very successful appropriations f The preamble was agreed to. meeting today. It was completed in less The resolution, with its preamble, than 2 hours. There were a number of ADJOURNMENT UNTIL 10 A.M. reads as follows: amendments that the chairman and TOMORROW S. RES. 102 ranking member, Senator BYRD, agreed Mr. TALENT. If there is no further Whereas the U.S.S. Thresher was first to, and the committee accepted their business to come before the Senate, I launched at Portsmouth Naval Shipyard on recommendations. We were able to re- ask unanimous consent that the Sen- July 9, 1960; solve what we thought would be the ate stand in adjournment under the Whereas the U.S.S. Thresher departed more contentious matter relating to previous order. Portsmouth Naval Shipyard for her final the airline industry. We are well down There being no objection, the Senate, voyage on April 9, 1963, with a crew of 16 offi- the road to complete this legislation in at 7:13 p.m, adjourned until Wednesday, cers, 96 sailors, and 17 civilians; the time set forth by Senator BYRD and April 2, 2003, at 10 a.m. Whereas the mix of that crew reflects the Senator STEVENS, which will be some- f unity of the naval submarine service, mili- time on Thursday. CONFIRMATION tary and civilian, in the protection of the Senator DASCHLE has asked the Executive nomination confirmed by Nation; Democratic Senators to do what they the Senate April 1, 2003: Whereas at approximately 7:47 a.m. on could to expedite this matter. We have April 10, 1963, while in communication with a limited number of amendments, most THE JUDICIARY the surface ship U.S.S. Skylark, and approxi- of which deal with homeland security. TIMOTHY M. TYMKOVICH, OF COLORADO, TO BE UNITED mately 300 miles off the coast of New Eng- Senator STEVENS is aware of the gen- STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT.

VerDate Dec 13 2002 04:47 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 8476 E:\CR\FM\A01AP6.111 S01PT1 April 1, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E631 EXTENSIONS OF REMARKS

RESTORING FIRST AMENDMENT and sudden usurpation.’’ I sincerely hope that It is fitting that the Jenkintown Library is PROTECTIONS OF RELIGION AND my colleagues will fight against the ‘‘gradual celebrating its bicentennial next week, as it RELIGIOUS SPEECH and silent encroachment’’ of the courts upon corresponds with National Library week. Na- our nation’s religious liberties by supporting tional Library week is a time to recognize and HON. RON PAUL this bill. highlight the contributions of both libraries and OF TEXAS f librarians for connecting people with the re- IN THE HOUSE OF REPRESENTATIVES sources that they need to live and to learn. It HONORING CHARLOTTE also recognizes libraries as a place for edu- Tuesday, April 1, 2003 EDMUNDSON FOR HER 47 YEARS cation, self-help, and opportunity, something Mr. PAUL. Mr. Speaker, I rise to introduce OF SERVICE TO THE CHIL- that the Jenkintown Library exemplifies. legislation restoring First amendment protec- LICOTHE STATE BANK IN CHIL- Two hundred years after its founding, the tions of religion and religious speech. For fifty LICOTHE, MISSOURI Jenkintown Library still retains its architectural years, the personal religious freedom of this beauty and has been on the National Register nation’s citizens has been infringed upon by HON. SAM GRAVES of Historic Places since 1979. Throughout its courts that misread and distort the First OF MISSOURI long history, the library has been able to keep amendment. The framers of the Constitution IN THE HOUSE OF REPRESENTATIVES up with the needs of the community, and I am never in their worst nightmares imagined that Tuesday, April 1, 2003 confident that the library will continue to con- the words, ‘‘Congress shall make no law re- tribute for many years to come. I am grateful Mr. GRAVES. Mr. Speaker, I proudly pause specting an establishment of religion or pro- for the service that the library has provided to to recognize Charlotte Edmundson, vice-presi- hibiting the free exercise thereof; or abridging not only the citizens of Jenkintown but to all dent and head of customer service for the the freedom of speech. . . .’’ would be used Montgomery Countians. to ban children from praying in school, prohibit Chillicothe State Bank in Chillicothe, Missouri. courthouses from displaying the Ten Com- Charlotte has exemplified the finest qualities of f mandments, or prevent citizens from praying leadership and service and is being honored for her 47 year commitment to the bank and HONORING JULIE INMAN OF OR- before football games. The original meaning of ANGE COUNTY FOR RECEIVING the First amendment was clear on these two the citizens of Chillicothe. Charlotte is well known among staff and pa- THE CLARA BARTON SPECTRUM points: The federal government cannot enact trons of the bank for going above and beyond AWARD laws establishing one religious denomination customer service standards, when dealing with over another, and the federal government can- both banking and non-banking issues. She not forbid mention of religion, including the HON. LORETTA SANCHEZ interacts on many levels with everyone she Ten Commandments and references to God. OF CALIFORNIA comes in contact with and maintains the high- In case after case, the Supreme Court has IN THE HOUSE OF REPRESENTATIVES est degree of professionalism and honesty. used the infamous ‘‘separation of church and She prides herself on getting her job done Tuesday, April 1, 2003 state’’ metaphor to uphold court decisions that right and getting it done on time. Ms. LORETTA SANCHEZ of California. Mr. allow the federal government to intrude upon During her years with the bank, Charlotte at- Speaker, I rise today to honor Julie Inman of and deprive citizens of their religious liberty. tained knowledge of the customer service de- Orange County for receiving the Clara Barton This ‘‘separation’’ doctrine is based upon a partment and the bank’s operations that made Spectrum Award. phrase taken out of context from a letter writ- her an exemplary employee heavily relied The Clara Barton Spectrum Award, given by ten by Thomas Jefferson to the Danbury Bap- upon by management and fellow bank staff. the Red Cross, was awarded to eight out- tists on January 1, 1802. In the letter, Jeffer- Her coworkers have described her as honest, standing women in Orange County. son simply reassures the Baptists that the reliable, helpful, trustworthy and professional. Julie was honored for founding First amendment would preclude an intrusion Mr. Speaker, I proudly ask you to join me in SupportAbility, a non-profit organization that by the federal government into religious mat- commending the career of Charlotte raised $11,000 for scholarship that went to 14 ters between denominations. It is ironic and Edmundson, who exemplifies the qualities of students who have overcome great adversity. sad that a letter defending the principle that dedication and service as both an employee Julie herself is not unfamiliar with over- the federal government must stay out of reli- and citizen of Chillicothe, MIssouri. coming adversity. When she was 15 years old, gious affairs. Should be used two hundred Julie suffered a massive stroke. Doctors told years later to justify the Supreme Court telling f her she would never speak again. Three years a child that he cannot pray in school! HONORING THE JENKINTOWN LI- later, she graduated from Mater Dei High The Court completely disregards the original BRARY ON ITS 200TH ANNIVER- School. meaning and intent of the First amendment. It SARY Julie has dedicated herself to helping others has interpreted the establishment clause to beat the odds. Her courage has served as in- preclude prayer and other religious speech in HON. JOSEPH M. HOEFFEL spiration for many. a public place, thereby violating the free exer- OF PENNSYLVANIA Let this young lady’s accomplishments cise clause of the very same First amend- IN THE HOUSE OF REPRESENTATIVES serve as an example of the wonderful things ment. Therefore, it is incumbent upon Con- our young people are capable of achieving. gress to correct this error, and to perform its Tuesday, April 1, 2003 I wish her the best of luck in the future. duty to support and defend the Constitution. Mr. HOEFFEL. Mr. Speaker, I rise today to My legislation would restore First amendment recognize and honor the Jenkintown Library f protections of religion and speech by removing on its 200th anniversary. all religious freedom-related cases from fed- Established in 1803, the Jenkintown Library TRIBUTE TO LIEUTENANT eral district court jurisdiction, as well as from is now the third oldest library in Montgomery COLONEL JOHN STEIN federal claims court jurisdiction. The federal County, Pennsylvania. For two centuries it has government has no constitutional authority to been a center for community learning and is HON. LANE EVANS reach its hands in the religious affairs of its still satisfying the changing needs of the area. OF ILLINOIS citizens or of the several states. The library’s vast collection contains books, IN THE HOUSE OF REPRESENTATIVES As James Madison said, ‘‘There are more periodicals, DVD’s, and other forms of multi- instances of the abridgement of the freedom media. The library also offers programs that Tuesday, April 1, 2003 of the people by the gradual and silent en- reflect the diverse interests of the community Mr. EVANS. Mr. Speaker, last week the croachment of those in power, than by violent it serves. United States Air Force lost six servicemen

∑ 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 Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.001 E01PT1 E632 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2003 and women in Afghanistan when their heli- ica and for his efforts put forth in achieving the community, and caring for others. I firmly be- copter crashed while on a humanitarian mis- highest distinction of Eagle Scout. lieve that it is those three principles that will sion to evacuate two injured children. Lieuten- f continue to carry the company and its mem- ant Colonel John Stein of western Illinois was bers for many years to come, and I am grate- among those killed. I would like to take this INTRODUCTION OF PRO-LIFE ful for the service the company continues to opportunity to celebrate his life, commend his LEGISLATION provide to the citizens of Rockledge. Again, I remarkable bravery, and extend my sincerest congratulate the Rockledge Volunteer Fire condolences to his family, friends, and loved HON. RON PAUL Company on its 100th anniversary. ones. He will be missed. OF TEXAS f A Bardolph native, John Stein began dating IN THE HOUSE OF REPRESENTATIVES his wife, Barbara (Nelson) Stein, while the two APPLAUDING THE FUNDRAISING Tuesday, April 1, 2003 were students at Macomb High School. He EFFORTS OF THE TEACHERS graduated in 1981, she in 1980. Macomb High Mr. PAUL. Mr. Speaker, I rise today to intro- AND FACULTY AT THE ORANGE School principal Michael Sartore remembers duce three bills relating to abortion. COUNTY HIGH SCHOOL OF THE Stein as a quiet, hard-working, dedicated stu- First, the Freedom of Conscience Act of ARTS, IN SANTA ANA, CALI- dent. A career military officer, Lt. Col. Stein re- 2003 prohibits any federal official from ex- FORNIA sided with his family at Moody Air Force Base pending any federal funds for any population in Valdosta, Georgia. The couple has three control or population planning program or any HON. LORETTA SANCHEZ children: Doug, 17, Erin, 13, and Timothy, 11. family planning activity. It is immoral to force OF CALIFORNIA His mother, Hazel Henry, still lives in Macomb. the American taxpayers to subsidize programs IN THE HOUSE OF REPRESENTATIVES Lieutenant Colonel Stein was a helicopter and practices they find morally abhorrent. Tuesday, April 1, 2003 pilot with the 41st Rescue Squadron at Moody Second, I rise to introduce the Partial-birth Ms. LORETTA SANCHEZ of California. Mr. Air Force Base, a part of the 347th Operations Abortion Funding Ban Act of 2003. This bill Speaker, I rise today to applaud the fund- Group specializing in rescuing downed pilots prohibits federal officials from paying any fed- raising efforts of the teachers and faculty at behind enemy lines. Kelly Friday, a childhood eral funds to any individual or entity that per- the Orange County High School of the Arts, in friend, said that even in high school Lt. Col. forms partial-birth abortions. The taxpayer must not be forced to fund this barbaric proce- Santa Ana, California. Stein wanted to be a helicopter pilot. ‘‘Any Like many schools across the nation, the goal he set out to achieve, he mastered it,’’ he dure. Finally, my Life-Protecting Judicial Limitation Orange County High School of the Arts is fac- recalled. ‘‘He was very intelligent; anything he ing serious budget concerns. Forecasting touched he mastered.’’ Act of 2003 provides that the inferior courts of the United States do not have jurisdiction to $600,000 in cuts, a number of janitors, clerical On behalf of the communities in western and cafeteria workers were laid off. School of- and central Illinois, I would like to extend my hear abortion-related cases. Congress must use the authority granted to it in Article 3, Sec- ficials announced that many more teachers thoughts and prayers to the Stein family at this could be laid off during the school’s second difficult time. Lieutenant Colonel John Stein’s tion 1 of the Constitution. The district courts of the United States, as well as the United States semester. courage in serving his country will not soon be In spite of these dire outlooks, teachers are Court of Federal Claims, should not have the forgotten. leading a fund-raising effort that has raised authority to hear these types of cases. f $73,000 so far to prevent more layoffs and in- Mr. Speaker, it is my hope that my col- creases in class sizes. RECOGNIZING DUSTIN WRIGHT leagues will join me in support of these three In a band called ‘‘Will Play for Food,’’ teach- FOR ACHIEVING THE RANK OF bills. By following the Constitution and using ers are selling out concerts to raise money. EAGLE SCOUT the power granted to the Congress by this Some have even donated back their raises. document, we can restore freedom of con- These teachers are going above and be- HON. SAM GRAVES science and the sanctity of human life. yond their duties to maintain a high quality OF MISSOURI f education at their schools. Our teachers IN THE HOUSE OF REPRESENTATIVES HONORING ROCKLEDGE should be using their energy to improve the Tuesday, April 1, 2003 VOLUNTEER FIRE COMPANY performance of their students, instead of per- Mr. GRAVES. Mr. Speaker, I proudly pause forming to keep their jobs. The bottom line is that we are leaving our to recognize Dustin John Wright, a very spe- HON. JOSEPH M. HOEFFEL children and our teachers behind. If we want cial young man who has exemplified the finest OF PENNSYLVANIA to stimulate the economy and improve our qualities of citizenship and leadership by tak- IN THE HOUSE OF REPRESENTATIVES country’s future, the best investment we can ing an active part in the Boy Scouts of Amer- Tuesday, April 1, 2003 make is the education of our youth. ica, Troop 261, and in earning the most pres- tigious award of Eagle Scout. Mr. HOEFFEL. Mr. Speaker, I rise today to f Dustin has been very active with his troop, recognize and honor the Rockledge Volunteer TRIBUTE TO CORPORAL EVAN participating in such scout activities as the H. Fire Company on its one hundred years of JAMES Roe Bartle Summer Camp for five years, and service to that community. the BSA snorkeling and ranger programs. Many things have changed for the company HON. LANE EVANS Over the 10 years he has been involved in since its founding in 1903. It has grown from OF ILLINOIS scouting, Dustin has earned 35 merit badges. a single wagon pulled by the firefighters them- IN THE HOUSE OF REPRESENTATIVES Additionally, he has held numerous leadership selves to a small fleet of trucks capable of positions, serving as patrol leader, assistant meeting all fire fighting needs. While it was Tuesday, April 1, 2003 patrol leader, and troop’s chaplain aide. Dustin once reliant on others to help put out its fires, Mr. EVANS. Mr. Speaker, last week western also has been honored for his numerous the Rockledge Volunteer Fire Company is now Illinois lost one of its sons in the war against scouting achievements with such awards as large enough to lend its services beyond the Iraq, and I would like to take this opportunity the Parvuli Dei Catholic Religious Award, the town borders of Rockledge. to celebrate his life, commend his bravery, Ad Altare Dei Catholic Religious Medal, the The fire company has become a staple in and extend my condolences to his family, Arrow of Light Award, the World Conservation Rockledge, and its members have always friends, and loved ones. Corporal Evan Award, and the Warrior in the Tribe of Mic-O- been active in the community that they served. James, a member of the Marine Corps Re- Say Award. The late Jules Ceigelkowski served in the serves Unit based in Peoria, Illinois, made the For his Eagle Scout project, Dustin con- company for seventy years, and Robert Sny- ultimate sacrifice for his country. While his un- structed and installed a handrail for a bridge, der, a former police and fire chief in wavering commitment to this nation and its and improved 150 feet of trail with gravel at Rockledge just celebrated sixty years of serv- ideals are an inspiration, it is a tragedy that the Heartland Presbyterian Center in Parkville, ice in 2002. In addition, the fire company of- this young, promising life was cut so short. He MO. fers junior memberships to those under the will be missed. Mr. Speaker, I proudly ask you to join me in age of 18. Corporal Evan James, 20 years old, was commending Dustin John Wright for his ac- Since its beginning, the Rockledge Fire born to Mike and Donna James of LaHarpe, Il- complishments with the Boy Scouts of Amer- company has been based on volunteerism, linois. A 2000 graduate of LaHarpe High

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.005 E01PT1 April 1, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E633 School, he played basketball while there and FLOYD SPENCE POST OFFICE dedicated their time to helping provide free was a guard and outside linebacker on the BUILDING health care to needy children around the world Thunder football team. After graduation, Cpl. through Healing the Children Midlantic, Inc. As James joined Company C of the 6th Engineer SPEECH OF a member of the International Relations Com- Support Battalion to help pay for college. He HON. HENRY E. BROWN, JR. mittee, I am very aware of the need for quality was studying to be a physical fitness trainer at OF SOUTH CAROLINA medical care for children around the world, Southern Illinois University at Edwardsville. IN THE HOUSE OF REPRESENTATIVES and am extremely appreciative of Dr. Light’s James’ unit was fully mobilized on January 14, efforts over the past twenty-five years as part 2003 and he was deployed to the Persian Gulf Wednesday, March 26, 2003 of a medical team that has traveled to many in February. According to Gunnery Sergeant Mr. BROWN of South Carolina. Mr. Speak- countries to provide such medical services. James Howard of the Naval and Marine Corps er, I rise today to honor the memory of the Dr. and Mrs. Light have also provided a Reserve Center in Peoria, Evan James late Congressman Floyd Spence and to com- home to many children while they undergo achieved his corporal’s rank faster than most mend his extraordinary career as a servant to medical treatment and surgery in this country. Marines, and was very professional with lead- the nation and to the people of South Caro- They are able to give love to these children ership abilities beyond his age. Captain John lina. Floyd was a true leader dedicated to pre- while they are far away from their loved ones Bruzza called James a model Marine and a serving the American way of life, and he did as well as support while they undergo medical good leader who performed well above his so for over forty years in both the South Caro- procedures. Dr. and Mrs. Light have dedicated pay grade. James’ aunt Diane Kornegay said lina state delegation and the United States their lives to bettering the lives of children this about her nephew: ‘‘They wanted a few House of Representatives. Serving as the around the world. good men and in Evan they got the best chairman for the House National Security Mr. Speaker, I know that my colleagues .... If you met him you would love him. He Committee from 1995–1999 and for the Armed here in the U.S. House of Representative join was that kind of person and we’re just very Services Committee from 1991–2001, he was me today as I recognize Dr. and Mrs. Light proud of him for the person he was.’’ an advocate for heightened national security and their innumerable contributions to the On behalf of the communities in western and for increased military funding. He drew his medical community and to the health and fu- and central Illinois, I would like to extend my passion for the military from his own personal ture of children around the world. It is selfless thoughts and prayers to the James family at experiences of serving in the navy reserves acts such as these that set an example for the this difficult time. Corporal Evan James’ cour- for more than forty years. It was no secret that rest of the world. age in serving his country will not soon be for- defending the nation was his top political pri- f gotten. ority. Congressman Spence was also an ar- dent voice against big government, which kept NORTHERN IRELAND PEACE AND RECONCILIATION SUPPORT ACT f his platform focused on the needs of his fellow South Carolinians and away from that of OF 2003 RECOGNIZING CHRISTOPHER sweeping federal legislation. KENNALEY FOR ACHIEVING THE It is well fitting that the facility of the United HON. RAHM EMANUEL RANK OF EAGLE SCOUT States Post Office in Lexington, SC, honors OF ILLINOIS Congressman Spence’s memory by bearing IN THE HOUSE OF REPRESENTATIVES his name. He was deeply committed to public Tuesday, April 1, 2003 HON. SAM GRAVES service, a leader of our nation, and a pas- sionate supporter of national defense. We all Mr. EMANUEL. Mr. Speaker, on behalf of OF MISSOURI mourned his loss when he passed away and more than 25,000 of my constituents who are of Irish descent, I rise in strong support of IN THE HOUSE OF REPRESENTATIVES can still feel his absence during this time of national crisis. I am proud to say that his dili- H.R. 1208, which recognizes the importance Tuesday, April 1, 2003 gent efforts as Chairman of the Armed Serv- of funding the peace process in Northern Ire- ices Committee have helped prepare the na- land. Mr. GRAVES. Mr. Speaker, I proudly pause tion for the present war and we all owe Con- The people of Ireland, the people of Great to recognize Christopher Robert Kennaley, a gressman Spence a debt of gratitude for his Britain are long-standing friends and allies of very special young man who has exemplified work in shaping the military into what it is the United States and the American people. In the finest qualities of citizenship and leader- today. Seldom will you ever find a truer Amer- these difficult times, we are deeply grateful for ship by taking an active part in the Boy Scouts ican than Floyd Spence, and I am proud to their partnership in the coalition against terror of America, Troop 261, and in earning the have served with him in Congress and to call and their invaluable contributions in the war in most prestigious award of Eagle Scout. myself a fellow South Carolinian. Iraq. Our investment in the International Fund for Christopher has been very active with his f troop, participating in such scout activities as Ireland contributes to strengthening relations the H. Roe Bartle Summer Camp for 7 years, TRIBUTE TO DR. AND MRS. FRANK and creating thousands of new jobs and busi- the Philmont High Adventure and the Packard LIGHT nesses for Catholics and Protestants in North- High Adventure. Over the nine years he has ern Ireland. Importantly, more than 80 percent been involved in scouting, Christopher has HON. DONALD M. PAYNE of the Fund’s contributions have targeted dis- earned 33 merit badges. Additionally, he has OF NEW JERSEY advantaged areas by offering job training pro- held numerous leadership positions, serving IN THE HOUSE OF REPRESENTATIVES grams for unemployed youth and through the economic, social, and physical regeneration of as three time patrol leader and assistant sen- Tuesday, April 1, 2003 ior patrol leader. Christopher also has been deprived areas. honored for his numerous scouting achieve- Mr. PAYNE. Mr. Speaker, it is with great We should continue to support the Fund’s ments with such awards as the member of the pride that I rise today to recognize Dr. and community-building programs promoting great- Order of the Arrow, the Parvuli Dei Catholic Mrs. Frank Light for their many contributions er dialogue and understanding between Religious Award, the Ad Altars Dei Catholic to health care in my district and around the Catholics and Protestants. We should also Religious Medal, the Firebuilder in the Tribe of world. help advance the Fund’s role in the develop- Mic-O-Say Award and the World Conservation As a member of Rahway Hospital’s Medical/ ment of a new generation of leaders in North- Award. Dental staff since 1973 and long-time trustee ern Ireland in order to bring about a more of the Rahway Hospital Foundation, Dr. Light peaceful and prosperous future in the region. For his eagle scout project, Christopher de- is a very active member within his hospital The Good Friday Agreement of 1998, which signed and constructed a fence on the side of community. Dr. Light is also an active member called for basic human rights and marked the a storage shed at St. Therese Catholic Church of the American Society of Anesthesiologists first meaningful step toward reconciliation in in Parkville, MO. as well as former board member and presi- Northern Ireland was suspended last year. Mr. Speaker, I proudly ask you to join me in dent of the John E. Runnels County Hospital Elections in May will determine the future commending Christopher Robert Kennaley for and the Family and Children’s Society, Coun- prospects of the agreement, which makes this his accomplishments with the Boy Scouts of seling, Testing and Adoption Center. resolution especially relevant and timely. America and for his efforts put forth in achiev- In addition to their contributions within the Mr. Speaker, our shared goal with Ireland is ing the highest distinction of Eagle Scout. hospital community, Dr. and Mrs. Light have for all Catholic and Protestant families to live

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.010 E01PT1 E634 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2003 in peace, free from discrimination, terrorism, 87, Feeney Amendment—‘‘yea.’’ The members own the credit union, electing and intolerance. That is why I strongly support 88, Smith Amendment—‘‘yea.’’ directors from among the membership. Credit fully funding the International Fund for Ireland 89, On passage of HR 1104—Child Abduction Unions are regulated either by Federal or and encourage my colleagues to vote for this Prevention Act—‘‘yea.’’ State law, depending upon the source from legislation. 90, Recognizing need for fasting and prayer— which the group receives its charter. The prin- f ‘‘yea.’’ cipal function of credit unions is to encourage 91, U.S. Armed Forces as POWs in Iraq— savings and thrift and provide consumers PERSONAL EXPLANATION ‘‘yea.’’ credit at favorable interest rates. GENCO FCU 92, Injuries resulting from smallpox vaccine— is federally chartered and regulated by the Na- HON. HENRY J. HYDE ‘‘yea.’’ tional Credit Union Administration (NCUA). OF ILLINOIS 93, Honoring Fayettville, NC for the Festival of In 1985, General Tire and Rubber Com- IN THE HOUSE OF REPRESENTATIVES Flight—‘‘yea.’’ pany’s Waco plant shut down. But GENCO Tuesday, April 1, 2003 94, Amend the Small Business Act—‘‘yea.’’ has continued to thrive and prosper. The Mr. HYDE. Mr. Speaker, between March 11, f board enlarged the credit union’s field of mem- 2003 and March 31, 2003, I was intermittently bership to include employees of Musician’s RECOGNIZING PHILLIP SHINN FOR absent for several rollcall votes having under- Association Local No. 306, Veterans of For- gone corrective back surgery. ACHIEVING THE RANK OF EAGLE eign Wars, Waco Post No. 2148, AmVets Post Had I been present, I would have voted: SCOUT No. 35, American Income Life Insurance Com- pany, Mercury Tool, Hornet Manufacturing, Rollcall Vote No., Description, Vote HON. SAM GRAVES Walker’s Paint & Repair and Lockridge Priest. In 1992, GENCO opened yet another chap- 50, Observer status for Taiwan—‘‘yea.’’ OF MISSOURI ter of its life when it purchased Lufkin Re- 51, 60th Anniversary—Rescue of Bulgarian IN THE HOUSE OF REPRESENTATIVES Jews—‘‘yea.’’ gional Federal Credit Union. Operating under 52, Armey Room—‘‘yea.’’ Tuesday, April 1, 2003 a community charter, the organization is now 53, Approving the Journal—‘‘yea.’’ Mr. GRAVES. Mr. Speaker, I proudly pause able to serve anyone who lives or works in 54, Bicentennial Admission of Ohio into the to recognize Phillip George Shinn, a very spe- McLennan County in Central Texas or Union—‘‘yea.’’ cial young man who has exemplified the finest Angelina County in East Texas. 55, Need for improved fire safety in nonresi- qualities of citizenship and leadership by tak- For five decades, the theme of loyalty has dential buildings—‘‘yea.’’ ing an active part in the Boy Scouts of Amer- run consistently throughout GENCO’s work, 56, Hospital Mortgage Insurance Act of ica, Troop 261, and in earning the most pres- along with adherence to the principles of en- 2003—‘‘yea.’’ tigious award of Eagle Scout. couraging savings and thrift and providing 57, Automatic Defibrillation in Adam’s Memory Phillip has been very active with his troop, working men and women credit at favorable Act—‘‘yea.’’ participating in such scout activities as the H. interest rates. That fifty years of service and 58, Mosquito Abatement for Safety and Health Roe Bartle Summer Camp for three years, commitment to its community make the cele- Act—‘‘yea.’’ and the Brownsea Junior leadership training in bration of GENCO Federal Credit Union’s 50th 59, Organ Donation Improvement Act—‘‘yea.’’ July of 2003. Over the seven years he has anniversary all the more special. 60, Patient Safety and Quality Improvement been involved in scouting, Phillip has earned Mr. Speaker, I ask my colleagues in the Act—‘‘yea.’’ 37 merit badges. Additionally, he has held nu- House of Representatives to join me in hon- 61, On Ordering the Previous Question (H.R. merous leadership positions, serving as two- oring and celebrating GENCO Federal Credit 5)—‘‘yea.’’ time patrol leader, den chief, scribe, instructor, Union’s 50 years of service to the people of 62, On Agreeing to the Resolution on H.R. 5— and librarian. Phillip also has been honored for Central Texas. (Rule)—‘‘yea.’’ his numerous scouting achievements with f 63, On motion to Recommit—‘‘no.’’ such awards as the Member of the Order of INTRODUCTION OF THE HOSPITAL 64, On Passage of H.R. 5 (HEALTH Act)— the Arrow, The Light of Christ Award, the INVESTMENT ACT ‘‘yea.’’ Parvuli Dei Catholic religious award, the Ad 65, Condemning the punishment of execution Altare Dei Catholic religious medal, and the HON. FORTNEY PETE STARK by stoning—‘‘yea.’’ Deutsch (a German interpreter). 66, Nicaragua Property Dispute Settlement OF CALIFORNIA For his Eagle Scout project, Phillip con- IN THE HOUSE OF REPRESENTATIVES Act—‘‘yea.’’ structed and installed 30 road signs at Heart- 67, Addressing human rights abuses in North land Presbyterian Center in Parkville, Missouri. Tuesday, April 1, 2003 Korea—‘‘yea.’’ Mr. Speaker, I proudly ask you to join me in Mr. STARK. Mr. Speaker, Representative 68, Mortgage Servicing Clarification Act— commending Phillip George Shinn for his ac- JERRY KLECZKA (who represents Milwaukee, ‘‘yea.’’ complishments with the Boy Scouts of Amer- WI and serves with me on the Ways and 69, Cibola National Wildlife Refuge, Cali- ica and for his efforts put forth in achieving the Means Health Subcommittee) and I share a fornia—‘‘yea.’’ highest distinction of Eagle Scout. strong concern about the growth of so-called 70, Rathdrum Prairie/Spokane Valley Aqui- f ‘‘boutique’’ or ‘‘specialty’’ hospitals. These enti- fer—‘‘yea.’’ ties are springing up across the country, in- 71, Sherman Amendment to H.R. 975—‘‘no.’’ HONORING GENCO FEDERAL CRED- cluding across California and in Milwaukee, 72, Nadler Amendment to H.R. 975—‘‘no.’’ IT UNION’S FIFTY YEARS OF Wisconsin. They are licensed under state law 73, Motion to Recommit H.R. 975—‘‘no.’’ SERVICE TO THE PEOPLE OF as hospitals, but instead of providing the wide 74, On Passage of H.R. 975, the Bankruptcy CENTRAL TEXAS array of services that traditional hospitals pro- Act—‘‘yea.’’ vide, they focus on a particular procedure or 75, Approving the Journal—‘‘yea.’’ HON. CHET EDWARDS medical specialty. The medical specialties that 76, Armed Forces Tax Fairness Act—‘‘yea.’’ OF TEXAS are being chosen aren’t the vital day-to-day 77, Ruling in Newdow v. United States Con- IN THE HOUSE OF REPRESENTATIVES hospital services on which communities de- gress—‘‘yea.’’ pend like emergency rooms and burn units. In- Tuesday, April 1, 2003 78, Hill Amendment to H. Con. Res. 95—‘‘no.’’ stead, they are the highly profitable segments 79, Toomey Amendment to H. Con. Res. 95— Mr. EDWARDS. Mr. Speaker, in April 1953, of care—cardiac care and orthopedic surgery ‘‘no.’’ a half century ago, the GENCO Federal Credit being two of the most common types of spe- 80, Cummings Amendment to H. Con. Res. Union was created by a group of employees cialty hospitals. 95—‘‘no.’’ of the General Tire and Rubber Company Today, we are reintroducing a bill we first 81, Spratt Amendment to H. Con. Res. 95— plant in Waco, Texas to meet the financial authored in the 107th Congress, the Hospital ‘‘No.’’ needs of their fellow employees. Investment Act. This bill addresses our con- 84, Glen Canyon National Recreation Area— A credit union is ‘‘Democracy in Action’’; a cern that these specialty hospitals are skirting ‘‘yea.’’ not-for-profit financial cooperative organized the spirit of the physician self referral laws, 85, Upper Mississippi River Basin—‘‘yea.’’ by people who share a common bond. All the often called the Stark laws. Those laws allow 86, On ordering previous question (H.R. members pool their assets to provide funds for physicians to invest in ‘‘whole hospitals’’ be- 1104)—‘‘yea.’’ loans to those in need within the membership. cause the services provided in such a facility

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.014 E01PT1 April 1, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E635 are so broad that concerns about self referral PERSONAL EXPLANATION by specialty or so-called ‘‘boutique’’ hospitals conflicts are greatly minimized. But that is not with physician-investor ownership arrange- the case for specialty hospitals. HON. XAVIER BECERRA ments. Most specialty hospitals are jointly owned by OF CALIFORNIA Across the nation, there is a tremendous the hospitals and groups of physicians who growth of boutique hospital construction. In the IN THE HOUSE OF REPRESENTATIVES are referring patients to that hospital. Typi- Milwaukee-area alone, there are three bou- cally, these joint ventures are marketed only to Tuesday, April 1, 2003 tique heart hospitals under development. physicians in a position to refer patients to the Mr. BECERRA. Mr. Speaker, on Thursday, These facilities are not typical, general hos- facility. In these situations, there is great po- March 27, 2003, 1 was unable to cast my floor pitals, which are prepared to meet the wide tential for conflicts-of-interest for physicians vote on rollcall numbers 90 and 91. The votes variety of health needs within a community. In- who refer patients to facilities in which they I missed include rollcall vote 90 on Sus- stead, these entities specialize in one area of have an ownership interest. These joint ven- pending the Rules and Agreeing to H. Res. procedures, such as cardiac care or ortho- tures may induce investor physicians to base 153, Recognizing the public need for fasting pedic surgery, that is high-volume and high- their treatment decisions on profits generated and prayer; and rollcall vote 91 on Suspending profit to these investor-owned facilities. by the facility rather than on the clinical needs the Rules and Agreeing to H. Con. Res. 118, One major consideration with the prolifera- of their patients. This is exactly the type of be- Concerning the treatment of members of the tion of these boutique hospitals is the issue of havior the Stark laws were written to prevent. Armed Forces held as prisoner of war. self-referral, in which doctors send their pa- The development of specialty hospitals is of Had I been present for the votes, I would tients to facilities where they have a pref- great concern to our health care system and have voted ‘‘present’’ on rollcall vote 90 and erential financial ownership stake. Current fed- to communities across our nation because ‘‘aye’’ on rollcall vote 91. eral law forbids a physician from referring pa- they deprive full-scale hospitals of their most f tients to health facilities—such as clinical lab- profitable business, leaving those existing hos- oratories, physical therapy groups, and radi- pitals much worse off financially. The investors RECOGNIZING ROBERT PETCOFF ology centers—in which he or she stands to fi- in these joint ventures and specialty hospitals FOR ACHIEVING THE RANK OF nancially benefit. skim the profits off full-scale hospitals, leaving EAGLE SCOUT These Stark I and Stark II laws did provide them to struggle financially. Then the hospitals one exception that allows physicians to self- must look to Medicare and to their local com- HON. SAM GRAVES refer patients to hospitals, as long as it is a munities to help them financially. OF MISSOURI ‘‘whole hospital’’ and not just a particular de- One of the biggest chains of heart hospitals IN THE HOUSE OF REPRESENTATIVES partment or clinic within the facility. Since in this country is a company called the whole hospitals provide such a wide array of MedCath Corporation. One needs only look at Tuesday, April 1, 2003 health services, there was minimal risk of con- their financial statement to see that they rec- Mr. GRAVES. Mr. Speaker, I proudly pause flict-of-interest. Unfortunately, this exception ognize the level of concern felt around the na- to recognize Matthew Robert Petcoff, a very has become a loophole by which physicians tion about their line of business. Their 2002 special young man who has exemplified the can legally refer patients to freestanding bou- 10–K report highlights nervousness that regu- finest qualities of citizenship and leadership by tique hospitals where they have a direct per- lators and legislators are catching onto their taking an active part in the Boy Scouts of sonal financial interest. scheme. As the report states: America, Troop 261, and in earning the most Typically, stakes in these boutique hospital ‘‘Many states in which we operate also have prestigious award of Eagle Scout. ventures are marketed exclusively to doctors adopted, or are considering adopting physician Matthew has been very active with his in a position to refer patients to the facility. self-referral laws which may prohibit certain troop, participating in such scout activities as This preferential interest creates an induce- physician referrals or require certain disclo- the H. Roe Bartle Summer Camp for six ment for investor-physicians to overutilize sures.’’ They also highlight specific concerns years, the Philmont High Adventure and Troop services and base treatment decisions on about our bill from the last Congress and go Camping. Over the 12 years he has been in- profits rather than the medical needs of the on to say that, ‘‘Possible amendments to the volved in scouting, Matthew has earned 36 patient. As we have seen in the past, these Stark law could require us to change the man- merit badges. Additionally, he has held numer- arrangements invariably lead to increased ner in which we establish relationships with ous leadership positions, serving as troop health care spending without necessarily in- physicians to develop a heart hospital.’’ scribe, chaplain’s aide, assistant patrol leader, creased quality of patient care. This is exactly MedCath is right to be nervous. Their busi- troop guide, and troop trainer. Matthew also the scenario that the Stark laws were de- ness model not only harms hospitals and com- has been honored for his numerous scouting signed to prevent. munities, it violates the spirit of Medicare self achievements with such awards as the Parvuli Boutique hospitals also rob full-service com- referral laws intended to prohibit such con- Dei Catholic Religious Award, the Ad Altare munity hospitals of their most profitable lines flicted behavior that drives up costs and may Dei Catholic Religious Medal, and the Warrior of business, leaving them to struggle to stay produce unnecessary care. Lawyers for in the tribe of Mic-O-Say Award. afloat financially. Without the high-profit sur- MedCath and many others have found a loop- For his eagle scout project, Matthew created gical units to cross-subsidize the other less- hole in the self-referral laws, and physicians a landscaped flagpole area with a cement profitable—but equally important—services like are taking advantage of it. walkway for the Hills of Walden Neighborhood emergency and burn care, these hospitals will The bill we are introducing today would Clubhouse in Kansas City, Missouri. have to turn increasingly to the federal govern- close that loophole. Our bill would continue to Mr. Speaker, I proudly ask you to join me in ment as well as their local communities for fi- permit physician ownership in these joint ven- commending Matthew Robert Petcoff for his nancial assistance. Medicare, Medicaid, and tures and specialty hospitals. But, that allow- accomplishments with the Boy Scouts of other important programs, which are already ance is contingent on a new requirement that America and for his efforts put forth in achiev- stretched thin, should not be forced to take on the ownership or investment interest is pur- ing the highest distinction of Eagle Scout. this additional burden because these joint ven- chased on terms that are generally available f tures are skimming off large profits for their in- to the public at the time. This change would vestors. not prohibit physicians from purchasing shares CLOSE THE LOOPHOLE IN MEDI- The Hospital Investment Act of 2003 would of stock. However, it would make sure that CARE PHYSICIAN SELF-REFER- close this loophole by prohibiting preferential such stock purchases are not the result of a RAL LAWS hospital ownership terms for physicians. Under sweetheart deal available only to physicians this legislation, physicians could continue to and set up in a way to skirt the law. HON. GERALD D. KLECZKA refer patients to joint ventures and specialty If this bill is enacted, it will make it harder OF WISCONSIN hospitals, but only if their ownership or invest- for specialty hospitals and physicians to skim IN THE HOUSE OF REPRESENTATIVES ment interest is purchased on terms also profits from full-scale hospitals leaving it up to available to the general public at the time. Medicare and local communities to foot the bill Tuesday, April 1, 2003 This would ensure that stock purchases are to assure that access to needed patient care Mr. KLECZKA. Mr. Speaker, today Con- not a result of a special deal available only to isn’t jeopardized. gressman STARK and I are reintroducing legis- physicians that gives them a preferential share Mr. Speaker, it is time to close this loophole lation, the Hospital Investment Act, sponsored of the profits. in the Medicare physician self-referral laws, initially in the 107th Congress, to address seri- Physicians and facilities found in violation of and I urge my colleagues to support it. ous concerns about conflicts-of-interest raised this act would be subject to a civil monetary

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.018 E01PT1 E636 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2003 penalty of up to $15,000 per prohibited referral trate for us all what can be accomplished dom for the Iraqi people, and peace in the re- plus twice the amount billed for the referred when people work together for a higher pur- gion. service. In cases where there was an arrange- pose. I encourage my colleagues to join me in f ment or scheme to refer patients to facilities saluting Bethel AME on reaching this mile- owned by the physician, penalties could be as stone. TRIBUTE TO SPC. GREG SANDERS high as $100,000 and twice the amount billed f for referred services. Also, the physician and HON. PETER J. VISCLOSKY specialty hospital would be denied participa- PERSONAL EXPLANATION OF INDIANA tion in the Medicare program. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, we must close the loophole in HON. ELTON GALLEGLY Tuesday, April 1, 2003 the Medicare physician self-referral laws and OF CALIFORNIA Mr. VISCLOSKY. Mr. Speaker, it is with halt this trend that threatens the sustainability IN THE HOUSE OF REPRESENTATIVES great pride and honor that I pay tribute to an of our local community hospitals. I urge my Tuesday, April 1, 2003 colleagues to cosponsor and support this im- outstanding American, a true patriot, and a portant legislation. Mr. GALLEGLY. Mr. Speaker, on March 31, hero to his country, Spc. Greg Sanders. Spc. 2003, I was unable to vote on H.R. 1463 (roll- Sanders was killed in action on Monday, f call vote 92), H. Con. Res. 58 (rollcall 93), and March 24, 2003 while serving in Operation PERSONAL EXPLANATION H.R. 1166 (rollcall vote 94). Had I been Iraqi Freedom for the 3rd Infantry Division of present, I would have voted ‘‘yea’’ on all three the United States Army. He bravely sacrificed HON. ROBERT E. ANDREWS measures. his life to ensure the safety of his fellow sol- OF NEW JERSEY f diers, the Iraqi people, and the very idea of freedom throughout the world. He will be re- IN THE HOUSE OF REPRESENTATIVES EXPRESSING SUPPORT AND AP- membered at a candlelight vigil in his home- Tuesday, April 1, 2003 PRECIATION FOR THE PRESI- town of Hobart, Indiana on Wednesday, April Mr. ANDREWS. Mr. Speaker, I was un- DENT AND MEMBERS OF THE 2, 2003. avoidably detained for the three votes on ARMED FORCES PARTICIPATING Greg Sanders was a native of Hobart and March 31, 2003. I was attending a rally for the IN OPERATION IRAQI FREEDOM graduated from Hobart High School in May safe return of Sgt. James Riley of Penn- 2001, where he thrived both as a student and SPEECH OF sauken, NJ, a mechanic in the Army’s 507th as an athlete. An honor roll student and mem- Maintenance Company who was among five HON. DAVE CAMP ber of the Hobart High School track team, soldiers captured in southern Iraq on March OF MICHIGAN Greg was also named co-captain of his high 23. IN THE HOUSE OF REPRESENTATIVES school cross country team, which advanced to Had I been present, I would have voted in the regional finals in each of his last two sea- Thursday, March 20, 2003 favor of H.R. 1166 and H. Con. Res. 58, and sons. Greg’s outstanding motivational skills I would have voted against H.R. 1463. Mr. CAMP. Mr. Speaker, as America moves and unmatched charisma helped mold him f forward with resolve to disarm Saddam Hus- into a natural leader. His work ethic propelled sein, I rise in support of President Bush for his him to great accomplishments, both academi- CELEBRATING THE 125TH ANNI- leadership and to honor our U.S. troops and cally and athletically. It was this same work VERSARY OF BETHEL AME their families for their dedication and sacrifice. ethic, coupled with his dedication to the United CHURCH The time has come when the United States States, which led Greg to commit to the must again lead the world against those who United States Army during his junior year at HON. JIM GERLACH threaten the freedom and stability of the free Hobart High School. OF PENNSYLVANIA world. As our troops labor in military encamp- Mr. Speaker, after completing his high IN THE HOUSE OF REPRESENTATIVES ments at home and abroad, let us labor in school career, Greg was sent to Fort Knox, prayer on their behalf and on behalf of all free- Kentucky for a grueling basic training. Al- Tuesday, April 1, 2003 dom loving people around the world. though the physical and mental demands were Mr. GERLACH. Mr. Speaker, I rise today to After twelve years of Iraqi deception and extremely difficult, Greg remained undeterred honor the Bethel African Methodist Episcopal non-compliance, an international coalition of in his lifelong desire to serve in the military. Church of Bryn Mawr, Pennsylvania during its over thirty countries is engaging in a military The son of a Naval veteran, Greg understood 125th anniversary celebration. Bethel AME is campaign to forcibly disarm Saddam Hussein. the hardships of military life and accepted the oldest black church on the original Main The Iraqi dictator has been given every pos- them with the courage and fortitude befitting a Line, a suburb of Philadelphia. sible opportunity to cooperate, to reveal his soldier dedicated to the defense of his coun- Local minister John Hooper began Bethel weapons of mass destruction programs, and try. After completing basic training, Greg AME in his home on Conestoga Road in 1878. to provide relief to the Iraqi people. He has moved with his wife, Ruthann, to Fort Stewart, He was joined by Mr. George Barrick, who failed to take advantage of multiple offers for Georgia, where she later gave birth to their continued the mission after Hooper died in a peaceful resolution. We do not enter into daughter, Gwendolyn. It was from here that 1880. this campaign cheerfully, but with a somber Greg Sanders’s journey to Iraq began. During the 1880s, Bethel AME petitioned resolve. Spc. Sanders deployed for Kuwait on Janu- the Philadelphia AME Conference for a pastor. Our goal of liberating the Iraqi people from ary 23, 2003 as part of the 3rd Battalion of the The first permanent pastor, Reverend J.B. Hill, a tyrannical dictator will not be accomplished 69th Armored Regiment. His duty was to load came to the congregation in 1888. without the steely resolve and contributions of the 120 mm cannon on the M–1 Abrams tank Although the Church now had a full-time all Americans. Whether you are a soldier on as the armored caravan stormed through pastor, it lacked a fixed place of worship. Too the front line or a ‘soldier’ in America’s econ- southern Iraq, a duty he carried out bravely poor to purchase land for a church, omy, each person can contribute to our objec- and successfully until a sniper prematurely congregants moved from place to place, wor- tive of achieving total disarmament and estab- took his life. Greg dreamed of dedicating his shipping wherever they could. Eventually Mr. lishing peace. life to the military, and he honored that unit on Barrick and Mr. Samuel Curtis purchased a lot This resolution expresses the unequivocal March 24, 2003 by sacrificing himself to pre- on Merion Avenue in Bryn Mawr. Residents of support of the President as Commander-in- serve the values he treasured. Bryn Mawr, both white and African-American, Chief for his firm leadership and decisive ac- Although it was his lifelong dream to serve raised four thousand dollars to construct the tion, the members of the United States Armed his nation as a career soldier, nothing was church, which was finished in 1889. A parson- Forces serving in Operation Iraqi Freedom for more important to Greg Sanders than his fam- age and parish house were added later. They their patriotism and bravery, and the families ily. He is survived by his wife and daughter, have since been converted to a fellowship hall of the United States military personnel serving his mother, Leslie, and his three siblings, for use by the entire Church community. in Operation Iraqi Freedom. Together, with our Dean, Clare, and Lauryn, as well as a nation Currently under the leadership of Rev. Dr. allies around the globe and our Armed Forces and a community who will never forget the Isiah H. Woods, Bethel AME Church is an im- overseas, we will stay focused on our mission sacrifice that he made to protect our freedom. portant part of the Main Line community. The and never waver from our objective—total dis- His father, Rich Sanders, was a Navy veteran founding and development of the Church illus- armament, the end of Saddam Hussein, free- who died of a heart attack at the young age

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.023 E01PT1 April 1, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E637 of 37, and Greg looked to him for guidance REINTRODUCTION OF SAMPLING tions against dealers to revocation of the li- and advice while contemplating a career in the LEGISLATION cense. military. Greg remained close to his family The Crackdown on Deadbeat Gun Dealers until his death, and he will never be forgotten HON. CAROLYN B. MALONEY Act will increase compliance and keep guns out of the hands of criminals by increasing the by those he left behind. OF NEW YORK permitted number of annual compliance in- Mr. Speaker, at this time I ask that you and IN THE HOUSE OF REPRESENTATIVES spections by federal law enforcement inspec- my other distinguished colleagues join me in Tuesday, April 1, 2003 honoring the memory of Spc. Greg Sanders, tors of licensed firearms dealers; raising the and in sending our heartfelt condolences to Mrs. MALONEY. Mr. Speaker, today, I intro- maximum criminal penalty for dealers who his family. Greg is a hero, not only to his fam- duce legislation that will ensure that future knowingly violate the law by committing seri- ily and friends, but also to Northwest Indiana Censuses truly reflect the demograph makeup ous record-keeping offenses that can hinder and to the United States of America. He of this nation. This bill would clarify Section tracing guns used in crimes; and authorizing fought bravely for the ideals of freedom, truth, 195 of Title 13 U.S.C. to allow the most accu- $320 million in grants for 5 years to hire 500 and liberty, and as our nation mourns his loss, rate numbers to be used for apportionment additional ATF inspectors. let us honor his life and his dedication to the and all other purposes. Now more than ever, Americans are de- service of his country. f manding protection and security, and some are purchasing guns in an effort to protect INTRODUCTION OF THE CRACK- themselves and their families. But we must re- f DOWN ON DEADBEAT GUN DEAL- member that others with more sinister motives RECOGNIZING JOSEPH MYERS FOR ERS ACT can just as easily do the same. Real protec- ACHIEVING THE RANK OF EAGLE tion means providing authorities with the SCOUT HON. JAMES R. LANGEVIN strongest possible mechanisms to prevent un- OF RHODE ISLAND lawful purchases. IN THE HOUSE OF REPRESENTATIVES I urge my colleagues to join me and the 22 HON. SAM GRAVES original co-sponsors of this bill in holding li- Tuesday, April 1, 2003 OF MISSOURI censed gun dealers accountable when they Mr. LANGEVIN. Mr. Speaker, today I am knowingly sell guns illegally. Please co-spon- IN THE HOUSE OF REPRESENTATIVES joined by 22 of my colleagues in introducing sor this responsible law enforcement measure, Tuesday, April 1, 2003 the ‘‘Crackdown on Deadbeat Gun Dealers and help keep guns out of the hands of crimi- Act’’ to hold licensed gun dealers accountable nals. Mr. GRAVES. Mr. Speaker, I proudly pause when they knowingly sell guns illegally. to recognize Joseph Michael Myers, a very f Last year’s tragic Washington, D.C., area special young man who has exemplified the sniper shootings provide a dramatic illustration HONORING ROBERT WILLIAM finest qualities of citizenship and leadership by of what many consider a lack of regulatory au- SAUNDERS, SR. taking an active part in the Boy Scouts of thority over the nation’s estimated 104,000 li- America, Troop 261, and in earning the most censed firearms dealers, which are overseen HON. JIM DAVIS prestigious award of Eagle Scout. by just 600 Bureau of Alcohol, Tobacco and OF FLORIDA Joseph has been very active with his troop, Firearms (ATF) inspectors who must also IN THE HOUSE OF REPRESENTATIVES participating in such scout activities as the H. oversee breweries and tobacco plants among Tuesday, April 1, 2003 Roe Bartle Summer Camp for 8 years, H. Roe their other responsibilities. Mr. DAVIS of Florida. Mr. Speaker, I rise in Bartle Summer Camp Staff Member, Seabase Federal agents, who searched Bull’s Eye High Adventure and Snaws. Over the 13 years honor of Robert William Saunders, Sr. Last Shooter Supply of Tacoma, Washington, last week, Bob lost his life to injuries from an auto- he has been involved in scouting, Joseph has December, indicated in a court affidavit that 78 earned 30 merit badges. Additionally, he has mobile accident that occurred last month, and firearms listed in the store’s inventory were Florida lost a fearless champion for equal held numerous leadership positions, serving missing and could not be traced through re- as Senior Patrol Leader, Assistant Senior Pa- rights. quired sales records and other documents. Bob was best known for his tireless efforts trol Leader, Patrol Leader, Librarian, Historian, Among the missing weapons was the rifle al- as field director of Florida’s National Associa- Instructor and Quartermaster. Joseph also has legedly used by the two D.C. sniper suspects, tion for the Advancement of Colored People been honored for his numerous scouting John Allen Muhammad and John Lee Malvo. from 1952 to 1966. Bob took over after his achievements with such awards as the Mem- During the past few years, many weapons had predecessor, Harry T. Moore and Moore’s ber of the Order of The Arrow, The Parvuli Dei simply vanished from the shop without an ade- wife, Harriette, were assassinated in a Christ- Catholic Religious Award, the Ad Altare Dei quate paper trail—some of them possibly mas night bombing of their home—a crime Catholic Religious Medal, and the Tom-Tom bound for people barred from owning firearms. which remains unsolved. Beater in the Tribe of Mic-O-Say Award. Unfortunately, the Bull’s Eye case is not an Undaunted, Bob gave Florida’s NAACP his For his Eagle Scout project, Joseph isolated one. Statistics provided by the ATF in all, traveling throughout the state to organize imbedded water bars and spread gravel over 1998 show that over 50 percent of the fire- local chapters and battling discrimination at a section of trail at the Parkville Nature Sanc- arms used in crimes nationwide were traced to every level. Bob helped organize bus boycotts, tuary in Parkville, Missouri. just 1.2 percent of the nation’s gun dealers. By sit-ins, voter registration drives and protests, Mr. Speaker, I proudly ask you to join me in conducting crime gun traces, the ATF can including the 1963 March on Tallahassee, commending Joseph Michael Myers for his ac- analyze why such a large number of firearms staged just five months prior to the famous complishments with the Boy Scouts of Amer- from this small proportion of dealers are used March on Washington. He fought for affirma- ica and for his efforts put forth in achieving the illegally and develop investigative strategies to tive action and school integration and fought highest distinction of Eagle Scout. address this problem. against police brutality and segregation at Currently, the ATF may inspect a licensed public beaches and housing. f dealer’s inventory and records without a war- Bob went on to serve for a decade as the rant to ensure record-keeping compliance. The U.S. Office of Economic Opportunity’s chief of PERSONAL EXPLANATION accuracy of a dealer’s inventory is critical to civil rights for the Southeast, and to work as the ATF’s ability to trace crime guns. How- director of Hillsborough County’s Office of HON. VERNON J. EHLERS ever; since 1986, criminal penalties for most Equal Opportunity. His unfailing and selfless dealer recordkeeping violations have been re- dedication to the pursuit of equal rights, de- OF MICHIGAN duced from felonies to misdemeanors. In addi- spite public rebuke and personal threats, IN THE HOUSE OF REPRESENTATIVES tion, current law restricts ATF to one compli- earned Bob enormous respect throughout ance inspection of licensed dealers every 12 Tuesday, April 1, 2003 Florida, as well as an honorary doctorate in months. With the exception of violations com- public service from the University of Tampa. Mr. EHLERS. Mr. Speaker, on rollcall Nos. mitted by dealers in transferring firearms to On behalf of the Tampa Bay community, I 92, 93, and 94 I missed the votes due to a prohibited individuals after national instant would like to extend my deepest sympathies delay in my airplane flight. Had I been criminal background checks, the current law to Bob’s family. His groundbreaking efforts will present, I would have voted ‘‘yea’’ on all. also generally limits ATF’s administrative ac- not be forgotten.

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AP8.028 E01PT1 E638 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2003 KEEP OUR CHILDREN SAFE PERSONAL EXPLANATION become a commissioner like his dad, J.D., in the Blanton Administration. But Danny works the ticket booth at Halls Cinema HON. MAC THORNBERRY Seven and goes to ballgames with his 12- HON. JANICE D. SCHAKOWSKY OF TEXAS year-old son, J.D. III. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES ‘‘I’m having a ball,’’ he said. Wallace is doing what hundreds of moms IN THE HOUSE OF REPRESENTATIVES Tuesday, April 1, 2003 and dads do every day in Halls and sur- Mr. THORNBERRY. Mr. Speaker, on the rounding areas. He’s watching his kid grow Tuesday, April 1, 2003 legislative day of Thursday, March 20, 2003, I up and trying to earn a living. The Halls Cinema Seven is celebrating its Ms. SCHAKOWSKY. Mr. Speaker, I rise missed rollcall votes 78–83. Had I been 20th anniversary this month. Danny wanted today to talk about a silent killer lurking among present, I would have voted as follows: Roll a commercial—tell ’em we’ll have $4 tickets us and our children. That killer comes in the no. 78, on agreeing to the Hill amendment to ($2 for kids) through April and half-price form of food-borne illnesses and affects 76 H. Con. Res. 95, ‘‘no’’; roll no. 79, on agreeing concessions. (Offer good Sunday through to the Toomey amendment to H. Con. Res. Thursday and not good on certain movies.) million people each year. Of those individuals, The theater opened in April 1983. Danny approximately 325,000 will be hospitalized and 95, ‘‘aye’’; roll no. 80, on agreeing to the Cummings amendment to H. Con. Res. 95, has been the manager since ‘‘day one.’’ more than 5,000 will die. While many adults He laughs: ‘‘I had just graduated from col- ‘‘no’’; roll no. 81, on agreeing to the Spratt will be fortunate to avoid the devastating, last- lege (UT with a degree in business) and was amendment to H. Con. Res. 95, ‘‘no’’; roll no. ing effects of food-borne illness, our children planning to go to law school. But Dad and a 82, on agreeing to H. Con. Res. 95, ‘‘aye’’; roll buddy had opened a four-plex in Halls and are especially vulnerable and comprise nearly no. 83, on agreeing to H. Con. Res. 104, they asked me to run it.’’ 40 percent of the victims. ‘‘aye.’’ Twenty years ago the Knoxville market was dominated by local theaters. The Wal- Each day, more than 27 million children eat f lunches provided through the National School laces put a four-plex in Johnson City and PERSONAL EXPLANATION built the first theater in Sevierville. They Lunch Act. Despite increased attention in re- continue to operate a four-plex in cent years to the safety of those meals pro- Rogersville. vided to our school children, there is evidence HON. LUCILLE ROYBAL-ALLARD Danny said it’s harder now to make money of serious problems with our school lunch sys- OF CALIFORNIA than when Halls Cinema opened. Last week- tem. Between 1990 and 2000, there were IN THE HOUSE OF REPRESENTATIVES end we were competing with ‘‘two wars and 64 basketball games.’’ nearly 100 reported outbreaks of food-borne Tuesday, April 1, 2003 ‘‘There’s not many guys like me any illness in schools affecting thousands of chil- Ms. ROYBAL-ALLARD Mr. Speaker, I was more,’’ he said. Ironically, Halls Cinema op- dren, many of them resulting in significant not present for rollcall votes 92 through 94 on erates just blocks from the headquarters of health consequences. Regal Entertainment—the largest theater Monday, March 31. Had I been present, I chain in the world. I attended a hearing last year examining would have voted ‘‘no’’ on rollcall vote 92 and Danny said he’ll match his seats and sound food safety standards in our schools and ‘‘yea’’ on rollcall votes 93 and 94. with anybody. ‘‘We invest our money back found significant gaps in how we protect our f and we give people a good experience.’’ children from these dangerous illnesses. Only Danny’s wife, Lisa, is a theater at Union CONGRATULATING DANNY WAL- 17 percent of the food served in our schools County High School. J.D. III often helps his LACE, FORMER TENNESSEE dad clean up the theater, making him a is subject to stringent United States Depart- STATE SENATOR third-generation movie-man. ment of Agriculture (USDA) safety guidelines Some politicians run on ‘‘family values.’’ for dangerous pathogens. Safety histories of Danny Wallace just lives them. the companies that supply food to our schools HON. JOHN J. DUNCAN, JR. f are not being shared with the school officials OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES SMALLPOX EMERGENCY who purchase the food. If the USDA or FDA PERSONNEL ACT OF 2003 quickly announce that a manufacturer has pro- Tuesday, April 1, 2003 duced tainted food, states often have no way Mr. DUNCAN. Mr. Speaker, sometimes we SPEECH OF to determine if they have that food in their lose sight of what is really important in life. schools’ kitchens due to a complex web of HON. JIM DAVIS That is why I want to congratulate a former OF FLORIDA food manufacturers, distributors and brokers. Tennessee State Senator, Danny Wallace, for IN THE HOUSE OF REPRESENTATIVES The federal government has no authority to the balance he is achieving in his life. mandate the recall of contaminated foods sold He has successfully operated the Halls Cin- Monday, March 31, 2003 to schools. ema in Knox County for the past 20 years. Mr. DAVIS of Florida. Mr. Speaker, unfortu- Today, along with Congresswoman ROSA Small businesses are the backbone of our en- nately, I must rise in opposition to H.R. 1463, tire economy, and yet a very high percentage the Smallpox Emergency Personnel Protection DELAURO, I am introducing a bill that will ad- fail within the first five years. Act, because the House Republican Leader- dress these concerns. The Safe School Food Mr. Wallace has succeeded in an industry ship has chosen to schedule this bill through Act incorporates USDA safety guidelines into where it is very difficult for an independent op- Suspension of the Rules, a process normally school procurement contracts to the maximum erator to survive. used for non-controversial legislation. In addi- extent possible, giving the Secretary of Agri- More importantly, he is putting his family tion, they further violated the legislative proc- culture authority to require pathogen testing of first, foregoing opportunities in politics to ess by not allowing this bill to go through the foods purchased by schools, providing state spend more time with those who are most im- normal committee process. education agencies with current vendor infor- portant to him. By doing so, the leadership has ignored the mation, developing effective methods to share I want to congratulate Danny Wallace on the legitimate and important issues raised by a supplier safety information with schools, allow- 20th anniversary of the Halls Cinema and urge considerable number of members of Congress ing for mandatory recall of any tainted food, all my colleagues and other readers of the and unions representing ‘‘First Responders,’’ and providing districts with tools and informa- RECORD to read the fine article about him, his the very group of people this legislation seeks tion on how to more safely prepare food family, and business that was published in the to protect. Because of the lack of input from served to our children. Halls Shopper newspaper. all parties involved, this legislation will fail to Our food supply has been identified as a [FROM THE HALLS SHOPPER NEWS, MAR. 31, accomplish its central goal, the inoculation of possible target of terrorists and we need to 2003] ‘‘First Responders.’’ If the Leadership had allowed fair and open protect it and protect our children. This is a 20 YEARS FOR HALLS CINEMA SEVEN debate on this legislation through the normal very serious issue and we must do all we can (By Sandra Clark) legislative process, I would seriously consider to ensure the safety of our children. Sometimes life gets in the way of politics. Danny Wallace, a state senator at age 33, supporting this legislation rather than opposing I urge my colleagues to support the Safe was a fund-raiser for Phil Bredesen in last it. Because we have prohibited amendments School Food Act and support the well-being of year’s election. You might have expected and debate on some important issues, I must our children. him to land a job in Nashville—perhaps even vote against this legislation.

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.034 E01PT1 April 1, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E639 Through the normal legislative process, naissance mission. The United States and ferences, I urge them, on behalf of those who amendments could have been offered to ad- Puerto Rico lost a true patriot in Sergeant Or- have served our country and those who are dress some deficiencies in this bill. I know that lando Morales. While I did not personally know serving our country right now, to restore fund- our colleagues, Representatives CAPPS and this man, there are thousands of dedicated ing to the veterans programs that protect WAXMAN, worked hard to try to address many soldiers like him active in the armed services those who protect us. of my concerns. I’d like to take a moment to from Puerto Rico. My thoughts and prayers outline some of my misgivings with this legis- are with his family and loved ones, and with f lation. our troops in the Middle East. I am here today My deepest concern about this bill, as we to recognize Sergeant Morales and his ulti- TRIBUTE TO DAVID LASH are considering it today, is that we are man- mate sacrifice to the United States and to dating that states develop a vaccine com- Puerto Rico. I want to also take this oppor- HON. HENRY A. WAXMAN pensation program; however, we are not pro- tunity to let my colleagues know that Puerto OF CALIFORNIA viding any funds to our states to fund this Ricans today, as throughout our history with IN THE HOUSE OF REPRESENTATIVES mandate. Mr. Chairman, we all know that most the U.S., remain in steadfast commitment to of our states are facing as serious financial our armed services. Tuesday, April 1, 2003 problems as is the federal government. To I ask all my colleagues to respect the com- Mr. WAXMAN. Mr. Speaker, I rise today to pass this bill without any commitment to a mitment of the Puerto Rican soldier. We must thank and pay tribute to David Lash, the out- funding level is wrong and a slap in the face forever recognize the tens of thousands like going Executive Director of Bet Tzedek, The to our valued ‘‘First Responders.’’ Sergeant Morales who have died or have House of Justice in Los Angeles. David has I am also opposed to the coercive nature of been wounded in combat. During the Korean made tremendous contributions to this vital or- this bill that forces ‘‘First Responders’’ to re- War, General Douglass MacArthur said of the ganization and has been an extraordinary Ex- ceive vaccinations within 180 days to remain forces of the much-heralded 65th Infantry, the ecutive Director these past nine years. eligible for compensation. The bill provides no fighting Borinqueneers from Puerto Rico, Bet Tzedek is a non-profit organization exceptions in any event, including if the public ‘‘They are writing a brilliant record of achieve- which offers free legal services to the poor, el- health department is unable to meet the dead- ment in battle and I am proud indeed to have derly, consumers, tenants, employees, vet- line or if a worker has a temporary illness that them in this command. I wish that we might erans and disabled residents of Los Angeles prevents him or her from receiving the vac- have many more like them.’’ There are thou- County. It has become a true beacon of light cination. sands more like them today, as Puerto Rico for thousands of individuals whose rights may In addition, we should have openly debated has undergone the greatest mobilization of re- have been violated but who can not otherwise an amendment that increases the onetime servists and National Guardsmen since Korea. afford the assistance of an attorney. lump sum payment of $262,100 to families of I ask my colleagues to honor the soldiers Under David’s superb supervision, Bet individuals who die or develop total permanent like Sergeant Morales and to recognize the Tzedek has served over 10,000 clients each disability as a result of vaccination. This ongoing Puerto Rican commitment to the year, and the results of his leadership and his amount is only equivalent to 5-to-6 years of United States Military. commitment to justice are inspiring. Bet salary for the average nurse or firefighter— f Tzedek worked with attorneys from the City of hardly adequate compensation for a family of Los Angeles and a large law firm to sue a CONCURRENT RESOLUTION ON dependents forced to live the rest of their lives landlord reputed to be one of Los Angeles’ THE BUDGET FOR FISCAL YEAR without a working breadwinner. Likewise, this worst slumlords. The suit settled last year with 2004 legislation caps the lifetime payout for partial the landlord pledging to maintain safe living or temporary disability at $262,100 instead conditions at more than 20 properties. providing compensation for the duration of the SPEECH OF David has also maintained Bet Tzedek’s disability. HON. MIKE ROSS role as a leader in helping Holocaust survivors A thorough education and pre-screening OF ARKANSAS and their heirs sue European insurance car- process could significantly reduce the number IN THE HOUSE OF REPRESENTATIVES riers for unpaid insurance claims dating back of individuals adversely affected by inocula- to World War II. In addition, Bet Tzedek has tion. This is the recommendation of the Cen- Thursday, March 20, 2003 partnered with Public Counsel in creating a ters for Disease Control (CDC) in response to The House in Committee of the Whole new kinship care legal program. This program recent deaths surrounding smallpox vaccina- House on the State of the Union had under facilitates the adoption of children by their tions. This bill, as written, fails to adequately consideration the concurrent resolution (H. grandparents when the parents are unable to address the CDC’s concerns. Con. Res. 95) establishing the congressional provide care. I applaud our colleague, Mr. BURR, for tak- budget for the United States Government for ing the lead on bringing this issue to the Floor fiscal year 2004 and setting forth appropriate David significantly strengthened Bet Tzedek budgetary levels for fiscal years 2003 and 2005 by expanding its 54-person staff, increasing of the House. I also commend Mr. WAXMAN through 2013: fundraising revenue by over 60 percent and and Ms. CAPPS who were actively working to address the deficiencies I’ve just highlighted. I Mr. ROSS. Mr. Chairman, I rise today in ob- helping Bet Tzedek reach a more diverse regret that we as a body are unable to debate jection to the treatment of our veterans in the group of volunteers and staff. David intro- the solutions they propose. I look forward to House-passed budget. Last October, we au- duced and expanded a number of innovative working with these distinguished members in thorized President Bush to send our men and programs during his tenure, including the the future to find better ways to protect ‘‘First women in uniform into battle. Is this how we Caregiver Advocacy Project, the Nursing Responders’’ from the threat of smallpox. show our support for the brave soldiers who Home Advocacy Project and the Employment are risking their lives to fulfill their missions, by Rights Project. f slashing funding that will take care of them David has been a voice for the under-rep- TRIBUTE TO SERGEANT ORLANDO after they have served time taking care of us? resented, the unrepresented and the unheard MORALES Last week the House managed to pass a in Los Angeles. He has ably forged alliances budget that cuts veterans’ benefits by $28.3 within the public interest community and co- HON. ANI´BAL ACEVEDO-VILA´ billion over the next ten years. This includes ordinated his efforts with talented staff at OF PUERTO RICO cuts to disability payments and pensions, the many of Los Angeles’ large private law firms. Under his direction, thousands of individual IN THE HOUSE OF REPRESENTATIVES Montgomery GI Bill, the VA Health Care Sys- tem, and other veterans programs. rights have been restored and preserved. Tuesday, April 1, 2003 I reject the notion that we need to cut fund- I ask my colleagues to join me in thanking Mr. ACEVEDO-VILA´ . Mr. Speaker, I want to ing for veterans and retirees in order to pay David Lash for his remarkable contributions pay tribute to Sergeant Orlando Morales, a for a multi-billion dollar tax cut package. Dur- and distinguished record of accomplishments. soldier who served in Special Operations in ing this time of military conflict, we have no Please also join in wishing him all the best in Afghanistan, and who died after being wound- business supporting tax cuts for the wealthiest his new position at O’Melveny and Myers, ed in an ambush on Saturday in Geresk, Af- Americans over benefits to provide for the where he will resume his career as a full-time ghanistan, as part of Operation Enduring Free- needs of our veterans. litigator and serve as the firm’s Managing dom. Sergeant Morales’ Special Operations As the conference committee meets to re- Counsel for pro-bono activities for the State of Battalion took on hostile fire during a recon- solve the House and Senate budget dif- California.

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AP8.039 E01PT1 E640 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2003 LIBERATING IRAQ that stood with us over half a century ago in sit idly by while billions of dollars are cut from France. On the wall in my office stands a pic- their healthcare and disability benefits. Let’s HON. MARIO DIAZ-BALART ture my brother took of a field of grave honor our troops overseas and let’s honor OF FLORIDA stones—American soldiers that died during the them when they get home. IN THE HOUSE OF REPRESENTATIVES liberation of Europe. It serves as a reminder of f the sacrifices this nation is willing to make for Tuesday, April 1, 2003 our freedom and the freedom of others. While A BILL TO AMEND THE INTERNAL Mr. MARIO DIAZ-BALART of Florida. Mr. others may, let us never forget the principles REVENUE CODE OF 1986 TO Speaker, as I speak, our brave men and we as a nation, a coalition and a free people TREAT DISTRIBUTIONS FROM women in uniform are risking their lives in share. These principles will lead to liberation PUBLICLY TRADED PARTNER- order to remove decades of oppression from and these principles will prevail. SHIPS AS QUALIFYING INCOME OF REGULATED INVESTMENT the backs of the Iraqi people. Our coalition f partners—49 nations in total—join America in COMPANIES our fight to liberate the people of Iraq. CONCURRENT RESOLUTION ON As this battle continues, we are reminded of THE BUDGET FOR FISCAL YEAR HON. WALLY HERGER the importance of a coalition of countries that 2004 OF CALIFORNIA are dedicated to the liberation of an oppressed IN THE HOUSE OF REPRESENTATIVES SPEECH OF population. This coalition not only represents Tuesday, April 1, 2003 the impressive effort of multiple military forces, HON. ADAM B. SCHIFF but also highlights a global commitment to re- OF CALIFORNIA Mr. HERGER. Mr. Speaker, today I am in- moving the dictatorship of Saddam Hussein IN THE HOUSE OF REPRESENTATIVES troducing a bill to allow mutual funds to invest without restriction in publicly traded partner- and his weapons of mass destruction. Thursday, March 20, 2003 The nations involved in this coalition are led ships, or PTPs. PTPs, which are also known by men and women that are dedicated to The House in Committee of the Whole as MLPs, are limited partnerships, which are peace and freedom and understand the House on the State of the Union had under traded on public securities exchanges in consideration the concurrent resolution (H. shares known as ‘‘units.’’ Because interests in threats posed by Saddam Hussein and his Con. Res. 95) establishing the congressional weapons of terror. At the same time, they sup- budget for the United States Government for PTPs are liquid and can be bought in small in- port the principals articulated in UN Resolution fiscal year 2004 and setting forth appropriate crements, they can be and often are bought 1441, which called for disarming Saddam and budgetary levels for fiscal years 2003 and 2005 by small investors. Many of those investing in removing his weapons of mass destruction. through 2013: PTPs are older individuals, who buy them for While I come to the floor to praise the mem- Mr. Chairman, today, our nation is united the reliable income stream they receive from bers of this coalition for their commitment to behind one goal and one purpose: to support quarterly PTP distributions. the Iraqi people and the security of the world our men and women in uniform who are fight- Unfortunately, the tax code currently deters community, I must also express my concerns ing in Iraq and Afghanistan. Their bravery and mutual funds representing many small inves- about the actions of some nations that have courage is unmatched and we pray for their tors from investing in PTPs. As safe, liquid se- created challenges, obstacles and roadblocks swift and safe return. curities, which generally provide a steady in- in the path towards Iraq’s liberation. Our support for our troops must continue come stream, PTPs could be an excellent in- Nations like France—who America liberated even after those battles are won. And for vestment for mutual funds. However, the tax twice—are now questioning the actions of the those who have answered the call of duty in code requires that mutual funds get 90 per- coalition while we fight to liberate another pop- the past, now is not the time to renege on our cent of their income from specific sources in ulation from oppression and dictatorship. Like commitment to them. We need to support our order to retain their tax-exempt status. Dis- the French, the Iraqi people deserve to be troops of the past in the same way we support tributions from a partnership do not qualify, free. They deserve to walk the streets of our troops of the present. nor do most types of partnership income, Baghdad without fear. They deserve to voice That’s why I rise today to call attention to which flow through to the fund. The only way opposition to their government without con- the terrible cuts to veterans benefits that nar- a mutual fund can invest in a PTP is to be sequence. These freedoms that the people of rowly passed the House of Representatives as certain that the income it receives from that in- France enjoy each day are soon to be a re- part of the Budget Resolution last week. It is vestment and other nonqualifying sources will ality to the Iraqi people because of coalition unconscionable that at the same time our mili- never exceed 10 percent of its total income. actions. tary men and women are fighting overseas, Faced with the burden of keeping track of per- Fifty nine years ago, 58,000 men lost their Congress passes legislation to pull the rug out centages and the drastic consequences of lives while liberating the French from the tyr- from under them when they return. going over the limit, most mutual fund man- anny of Adolf Hitler. On the 40th Anniversary That’s why I speak again today in opposition agers turn to other investments. of that liberation, Ronald Reagan went to Nor- to the Budget Resolution that passed narrowly It makes no sense for publicly traded part- mandy and proclaimed, ‘‘there is a profound last week. It doesn’t reflect the priorities of this nerships to be excluded from the list of quali- moral difference between the use of force for Congress and it doesn’t reflect the values of fying income sources for mutual funds. While liberation and the use of force for conquest.’’ Americans. traditional partnership interests—the only kind While the battles in Iraq are taking place How can we support a budget that includes that existed when these rules were written— thousands of miles from the battlegrounds of $28.8 billion in cuts to veterans programs over were illiquid and not always well regulated, Normandy, the soldiers share a similar desire 10 years? How can we turn our backs on the PTPs are traded on public exchanges and to liberate a people from an evil regime. They men and women that fight to protect and de- must file the same information with the Securi- share a similar commitment to fighting for a fend our homeland? The answer is: we can’t. ties and Exchange Commission as publicly cause that will end years of brutal oppression The Disabled American Veterans, American traded corporations. and will lead to the freedom of an entire popu- Legion, Paralyzed Veterans of America and Mutual funds are an increasingly important lation. While the battleground has changed, the bipartisan leadership of the Veterans Af- part of the capital markets, and the inability to the outcomes have not. fairs Committee all have publicly opposed attract them as investors is hindering PTPs in Those that have criticized the coalition that these cuts in veterans’ funding and I stand their ability to raise the capital they need to currently fights in Iraq remind me of the criti- with them. I support a budget alternative that grow and provide new jobs. cism received by Winston Churchill and the Al- provides $30.8 billion in higher funding for vet- Many PTPs are in energy-related busi- lied Forces before taking military action erans programs over 10 years. nesses, such as pipe lines that transmit oil against Adolf Hitler. People labeled them as In my district, I gather with hundreds of vet- and gas from where they are extracted as well war mongers and protested their policy to deal erans each November at McCambridge Park as from refineries to end users across the na- with Hitler militarily. Today, as history remem- near my house in Burbank to honor men and tion. Unfortunately, at the precise time that we bers, we thank those brave leaders and troops women who have fought for our country—both need to develop domestic sources of energy, for taking that action so that nations like those who have survived injuries received in we lack sufficient pipeline capacity to move France can stand in freedom without the rule battle and those who lost their lives while natural gas from where it is produced in the of a harsh regime. serving their country so proudly. Rockies to extraction facilities and finally to As American troops work to liberate the na- I hear scores of first-hand stories about the consumers. In the Gulf Coast, the problem is tion of Iraq, we stand side by side with nations importance of veterans programs and I cannot that we have insufficient pipelines to move oil

VerDate Jan 31 2003 05:01 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.043 E01PT1 April 1, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E641 and gas from the refineries to consumers in formance computing, complex biological sys- HONORING THE 30TH ANNIVER- the Midwest and on the East coast. tems, advanced materials and national secu- SARY OF THE SUNSET RES- The legislation I am introducing today would rity. TAURANT not only provide access to the capital needed UT-Battelle has been an involved member by these energy pipeline companies, it would of the Oak Ridge community. The team pro- HON. JOE WILSON also significantly speed up the creation of vides more than $1.25 million annually for 20,000 to 30,000 high paying construction jobs OF SOUTH CAROLINA math and science education, economic devel- IN THE HOUSE OF REPRESENTATIVES to build these pipelines at precisely the time opment and, other projects in the greater Oak we need to jump start our economy. In addi- Ridge region. Through unique federal, state Tuesday, April 1, 2003 tion, the sooner we build these pipelines, the and private sector partnerships, UT-Battelle is sooner we will reduce our dependence on for- Mr. WILSON of South Carolina. Mr. Speak- the leader in efforts to update the laboratory eign sources of energy. er, today marks the 30th anniversary of the facilities and rebuild ORNL’s research campus The bill I am introducing today would pro- establishment of the Sunset Restaurant on to continue to support the research work with vide PTPs with access to needed capital by Sunset Boulevard in West Columbia, SC. This world class facilities. simply adding income received by or allocated small business has become a living legend of to a mutual fund by a PTP to the list of in- For example, ORNL will be the home of the fine food and a valued social center for the come sources that a mutual fund may use to foremost center for neutron science research Midlands of South Carolina. meet the 90 percent test. According to the with the completion of the Spallation Neutron The stalwarts of this spirited enterprise are Joint Committee on Taxation, this change in Source and the Center for Nanophase Mate- the owner Betty Jackson and the manager mutual fund rules which will hasten our energy rials Science. Due for completion this year is Gladys Crews, who since opening day have independence will cost only $18 M over 5 the Laboratory for Comparative and Functional enthusiastically welcomed and served the pub- years and $49 M over ten years. Genomics where lab scientists will continue lic with quality country cooking including the In the past, this provision was sponsored by the leading role ORNL has in gene function specialty of catfish stew. At breakfast and Bill Thomas, now chairman of the Ways and and disease research. The Joint Institute for lunchtime the 250 seats of the restaurant are Means Committee, and was approved by Con- Computational Sciences, now under construc- filled with a cross-section of citizens ranging gress in 1999 as part of the Taxpayer Refund tion, will lead the U.S. into new scientific fron- from U.S. District Judges to work crews on and Relief Act, later vetoed by the President. tiers in high performance computing research. their way to the building site. I am happy to take up the cause in the 108th Well-known as a people’s place, political The dedication, hard work, and significant candidates of all parties have made a sausage Congress, and hope that my colleagues will investments by the staff at ORNL has been join me in supporting this legislation. biscuit breakfast or an open-seated luncheon formally recognized by the Department of En- a ‘‘must stop.’’ In June 1999, Texas Governor f ergy. This year, for the first time, the lab was George W. Bush launched his successful ef- TRIBUTE TO THE ORNL STAFF awarded the highest rating possible under the fort to carry the South Carolina primary at the FOR THEIR DEDICATION AND lab management evaluation procedure. The Sunset and in November 2002 the Sunset HARD WORK ‘‘Outstanding’’ rating for lab management cap- hosted the final public reception for U.S. Sen- tures the history of scientific research and de- ator LINDSEY GRAHAM and Gov. Mark Sanford. HON. ZACH WAMP velopment excellence at ORNL. Other memorable events for South Carolina OF TENNESSEE The recent successes rest upon the dec- officials with some broadcast live by television IN THE HOUSE OF REPRESENTATIVES ades of accomplishments that preceded UT- and radio, were held for Congressman Ed Battelle’s involvement at ORNL. The long Young, Congressman Floyd Spence, Lt. Gov- Tuesday, April 1, 2003 ORNL history of serving the nation with the ernor Bob Peeler, Attorney General Charlie Mr. WAMP. Mr. Speaker, today marks UT- highest standards of scientific achievement Condon, Gov. Jim Edwards, Gov. Carroll Battelle’s third anniversary as manager of Oak bode well for a future that is even brighter Campbell, and Gov. David Beasley. Ridge National Laboratory (ORNL) for the De- than our past. UT-Battelle is proud of its in- The Sunset Restaurant is a testimonial to partment of Energy. Over the past three years volvement with the Oak Ridge National Lab- the significance of small business as the back- the staff of ORNL has continued its dedication oratory and looks forward to serving the nation bone and foundation of the American free en- to scientific discovery through research and and its citizens with more exciting scientific terprise system built upon the philosophy of development in cutting edge areas of science developments brought to you by ORNL under hard work and high integrity, promoted by lim- including: neutron science, energy, high per- the management of UT-Battelle. ited government.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. House Committee ordered reported the Emergency Supplemental Appro- priations for Fiscal Year 2003. Senate cause incurred or aggravated while on inactive-duty Chamber Action training. Pages S4647–48 Routine Proceedings, pages S4593–S4650 Death Gratuity Increase: Committee on Armed Measures Introduced: Fourteen bills and one reso- Services was discharged from further consideration of lution were introduced, as follows: S. 749–762, and S. 704, to amend title 10, United States Code, to S. Res. 102. Page S4629 increase the amount of the death gratuity payable Measures Reported: with respect to deceased members of the Armed S. 762, making supplemental appropriations to Forces, and the bill was then passed. Page S4648 support Department of Defense operations in Iraq, Recognizing Sinking of USS Thresher: Senate Department of Homeland Security, and Related Ef- agreed to S. Res. 102, recognizing the 40th anniver- forts for the fiscal year ending September 30, 2003. sary of the sinking of the USS Thresher (SSN 593). (S. Rept. No. 108–33) Pages S4648–50 S. 380, to amend chapter 83 of title 5, United Wartime Supplemental Appropriations—Agree- States Code, to reform the funding of benefits under ment: A unanimous-consent agreement was reached the Civil Service Retirement System for employees of providing for consideration of S. 762, making sup- the United States Postal Service, with an amendment plemental appropriations to support Department of in the nature of a substitute. Page S4628 Defense operations in Iraq, Department of Homeland Measures Passed: Security, and Related Efforts for the fiscal year end- ing September 30, 2003, at 11 a.m., on Wednesday, Troop Phone Home Free Act: Senate passed S. April 2, 2003. Page S4650 718, to provide a monthly allotment of free tele- phone calling time to members of the United States Nomination—Agreement: A unanimous-consent armed forces stationed outside the United States who agreement was reached providing for further consid- are directly supporting military operations in Iraq or eration of the nomination of Miguel A. Estrada, of Afghanistan, after agreeing to the following amend- Virginia, to be United States Circuit Judge for the District of Columbia Circuit at 1:30 p.m., on ment thereto: Pages S4615–21 Wednesday, April 2, 2003 and that there be 30 McCain Amendment No. 434, in the nature of a minutes for debate equally divided in the usual form substitute. Page S4615 prior to the cloture vote on the nomination. Selected Reserve Bonus Delay Alleviation: Senate Page S4650 passed S. 711, to amend title 37, United States Executive Reports of Committees: Senate received Code, to alleviate delay in the payment of the Se- the following executive report of a committee: lected Reserve reenlistment bonus to members of Se- Report to accompany Joint Convention On Safety lected Reserve who are mobilized. Pages S4647–48 Of Spent Fuel And Radioactive Waste Management Survivor Benefits: Senate passed S. 712, to amend (Treaty Doc. 106–48) (Ex. Rept. 108–5) title 10, United States Code, to provide Survivor Pages S4628–29 Benefit Plan annuities for surviving spouses of Re- Nominations Confirmed: Senate confirmed the fol- serves not eligible for retirement who die from a lowing nominations: D325

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By 58 yeas 41 nays (Vote No. Ex. 113), Timothy Pennsylvania and the Delaware Valley Chapter of the M. Tymkovich, of Colorado, to be United States Cir- Alzheimer’s Association; Mike Martz, St. Louis, Mis- cuit Judge for the Tenth Circuit. souri; and Terrell Owens, Fremont, California. Pages S4598–S4607, S4607–14, S4650 APPROPRIATIONS: DEPARTMENT OF Messages From the House: Page S4626 JUSTICE Measures Referred: Page S4626 Committee on Appropriations: Subcommittee on Com- Executive Communications: Pages S4626–28 merce, Justice, State, and the Judiciary concluded hearings to examine proposed budget estimates for Executive Reports of Committees: Pages S4628–29 fiscal year 2004 for the Department of Justice, after Additional Cosponsors: Pages S4629–31 receiving testimony from John Ashcroft, Attorney Statements on Introduced Bills/Resolutions: General, Department of Justice. Pages S4631–45 WARTIME SUPPLEMENTAL Additional Statements: Pages S4623–26 APPROPRIATIONS Amendments Submitted: Pages S4645–46 Committee on Appropriations: Committee ordered favor- ably reported an original bill (S. 762) making sup- Notices of Hearings/Meetings: Page S4646 plemental appropriations to support Department of Authority for Committees to Meet: Pages S4646–47 Defense operations in Iraq, Department of Homeland Privilege of the Floor: Page S4647 Security, and Related Efforts for the fiscal year end- Record Votes: One record vote was taken today. ing September 30, 2003. (Total—113) Page S4614 DEFENSE AUTHORIZATION Adjournment: Senate met at 9 a.m., and adjourned Committee on Armed Services: Subcommittee on Readi- at 7:13 p.m., until 10 a.m., on Wednesday, April 2, ness and Management support concluded hearings to 2003. (For Senate’s program, see the remarks of the examine proposed legislation authorizing funds for Acting Majority Leader in today’s Record on page fiscal year 2004 for the Department of Defense, fo- S4650.) cusing on impacts of environmental laws on readi- ness and the related Administration Legislative Pro- Committee Meetings posal, after receiving testimony from John P. Suarez, Assistant Administrator, Office of Enforcement and (Committees not listed did not meet) Compliance Assurance, Environmental Protection ALZHEIMER’S DISEASE Agency; H. Craig Manson, Assistant Secretary of the Interior for Fish, Wildlife and Parks; William T. Committee on Appropriations: Subcommittee on Labor, Hogarth, Assistant Administrator for National Ma- Health and Human Services, and Education and Re- rine Fisheries Service, National Oceanic and Atmos- lated Agencies concluded hearings to examine Alz- pheric Administration; Benedict S. Cohen, Deputy heimer’s disease, focusing on increasing funding for General Counsel, Environment and Installations, De- Alzheimer’s research, including ways to maintain the partment of Defense; Douglas H. Benevento, Colo- pipeline of basic scientific discovery to develop po- rado Department of Public Health and Environment, tential targets for treatment and prevention, develop Denver; David Mears, Washington State Office of better animal models of Alzheimer’s that will more the Attorney General, Olympia; Robert B. Pirie, Jr., closely parallel humans, test the most promising po- Center for Naval Analysis, Alexandria, Virginia; tential targets for prevention in large-scale clinical Darlene R. Ketten, Woods Hole Oceanographic In- trials, search for biomarkers that show evidence of stitution, Woods Hole, Massachusetts; Nina M. disease and monitor its progress without having to Young, The Ocean Conservancy, and Lenny Siegel, wait for evidence from cognitive testing, and identify Center for Public Environmental Oversight, both of additional risk factors for Alzheimer’s through genet- Washington, D.C.; Jamie R. Clarke, National Wild- ics, after receiving testimony from Richard J. Hodes, life Federation, Reston, Virginia. Director, National Institute on Aging, National In- stitute of Health, Department of Health and Human DEFENSE AUTHORIZATION: NAVY/ Services; Sheldon Goldberg, Alzheimer’s Association, MARINE CORPS Washington, D.C.; Marilyn A. Albert, Johns Hop- Committee on Armed Services: Subcommittee on kins University School of Medicine, Baltimore, SeaPower concluded hearings to examine proposed Maryland, on behalf of the Alzheimer’s Association; legislation authorizing funds for fiscal year 2004 for Mary Jean Uptegraph, Dubuque, Iowa; Donald the Department of Defense and the Future Years De- Kurtz, Blue Bell, Pennsylvania, on behalf of the fense Program, focusing on Navy and Marine Corps

VerDate Jan 31 2003 05:21 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP3.REC D01AP3 April 1, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D327 development, procurement priorities and Navy ship- NOMINATIONS building programs, after receiving testimony from Committee on Finance: Committee concluded hearings Admiral Vernon E. Clark, USN, Chief of Naval Op- to examine the nominations of Mark Van Dyke erations; General Michael W. Hagee, USMC, Com- Holmes, of New York, Diane L. Kroupa, of Min- mandant of the Marine Corps; John J. Young, Jr., nesota, who was introduced by Senators Coleman and Assistant Secretary of the Navy for Research, Devel- Dayton, Robert Allen Wherry, Jr., of Colorado, and opment, and Acquisition; and Vice Admiral Michael Harry A. Haines, of Montana, who was introduced G. Mullen, USN, Deputy Chief of Naval Operations by Senator Baucus, each to be a Judge of the United for Resources, Requirements, and Assessments. States Tax Court, after each nominee testified and answered questions in their own behalf. NOMINATIONS NATO Committee on Environment and Public Works: Com- Committee on Foreign Relations: Committee concluded mittee concluded hearings to examine the nomina- hearings to examine the North Atlantic Treaty Or- tions of Ricky Dale James, of Missouri, to be a ganization (NATO) enlargement strategy, focusing Member of the Mississippi River Commission, Rich- on the role of NATO in the war on terror and in ard W. Moore, of Alabama, to be Inspector General, the future of Iraq, after receiving testimony R. Nich- Tennessee Valley Authority, who was introduced by olas Burns, United States Permanent Representative Senator Sessions, and John Paul Woodley, Jr., to be to NATO; and Ronald D. Asmus, German Marshall an Assistant Secretary of the Army for Civil Works, Fund, and Bruce P. Jackson, Project on Transitional after each nominee testified and answered questions Democracies, both of Washington, DC. in their own behalf. BUSINESS MEETING TAXPAYER ISSUES Committee on Foreign Relations: Committee ordered fa- Committee on Finance: Committee held hearings to ex- vorably reported the Joint Convention on the Safety amine tax payer issues, focusing on the quality of of Spent Fuel Management and on the Safety of Ra- service provided by paid preparers’ and the impor- dioactive Waste Management, (Treaty Doc. 106–48). tance of their role in the tax system, and charitable NOMINATIONS car donations, including how vehicle donations pro- Committee on the Judiciary: Committee concluded grams operate, the role of fundraisers and charities in hearings to examine the nominations of Carolyn B. the vehicle donations process, and IRS rules and reg- Kuhl, of California, to be United States Circuit ulations regarding allowable tax deductions, receiv- Judge for the Ninth Circuit, who was introduced by ing testimony from James R. White, Director of Tax Senator Frist, Cecilia M. Altonaga, to be United Issues, and Cathleen A. Berrick, Acting Director of States District Judge for the Southern District of Homeland Security and Justice, both of the General Florida, who was introduced by Senator Graham Accounting Office; Pamela J. Gardiner, Acting In- (FL), and Patricia Head Minaldi, to be United States spector General for Tax Administration, and Dale F. District Judge for the Western District of Louisiana, Hart, Deputy Commissioner for Small Business/Self after each nominee testified and answered questions Employed Operating Division, and Nina E. Olson, in their own behalf. National Taxpayer Advocate, both of the Internal INTELLIGENCE Revenue Service, all of the Department of Treasury; and Jeffrey W. Yabuki, H&R Block, Kansas City, Select Committee on Intelligence: Committee held closed Missouri. hearings on intelligence matters, receiving testimony Hearings recessed subject to call. from officials of the intelligence community. Committee recessed subject to call.

VerDate Jan 31 2003 05:21 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP3.REC D01AP3 D328 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2003 House of Representatives life Refuge Complex and the Detroit River Inter- Chamber Action national Wildlife Refuge; and Pages H2535–38 Measures Introduced: 26 public bills, H.R. Support for the Display of the Blue Star Banner 1527–1552; and 3 resolutions, H. Con. Res. and the Gold Star: H. Con. Res. 109, amended, ex- 133–134, and H. Res. 169, were introduced. pressing the sense of the Congress regarding the Pages H2585–86 Blue Star Banner and the Gold Star (agreed to by Additional Cosponsors: Pages H2586–87 yea-and-nay vote of 418 yeas with none voting Reports Filed: Reports were filed today as follows: ‘‘nay,’’ Roll No. 97). Agreed to amend the title so H. Res. 168, providing for consideration of H.R. as to read: ‘‘Concurrent resolution expressing the 743, to amend the Social Security Act and the Inter- sense of the Congress regarding the Blue Star Flag nal Revenue Code of 1986 to provide additional and the Gold Star.’’. Pages H2538–42, H2554 safeguards for Social Security and Supplemental Se- Budget Resolution Conference: The House dis- curity Income beneficiaries with representative pay- agreed with the Senate amendment to H. Con. Res. ees, to enhance program protections (H. Rept. 95, establishing the congressional budget for the 108–54). Page H2585 United States Government for fiscal year 2004 and Recess: The House recessed at 11:04 a.m. and re- setting forth appropriate budgetary levels for fiscal years 2003 and 2005 through 2013 and agreed to convened at 12 noon. Page H2520 a conference. Pages H2542–53 Suspensions: The House agreed to suspend the rules Appointed as conferees: Chairman Nussle and and pass the following: Representatives Shays and Spratt. Page H2553 Higher Education Relief Opportunities for Stu- By a recorded vote of 399 ayes to 22 noes, Roll dents (HEROES) Act: H.R. 1412, to provide the No. 95, agreed to the Spratt motion to instruct con- Secretary of Education with specific waiver authority ferees to (1) eliminate the reconciliation instruction to respond to a war or other military operation or to the Committees on Agriculture, Education and national emergency (agreed to by yea-and-nay vote of the Workforce, Energy and Commerce, Transpor- 421 yeas with 1 voting nay, Roll No. 96); tation and Infrastructure, Veterans’ Affairs, and Pages H2522–27, H2553–54 Ways and Means contained in section 201(b) of the Business Checking Freedom Act: H.R. 758, House resolution; (2) recede to the Senate on section amended, to allow all businesses to make up to 24 319 (entitled ‘‘Reserve Fund to Strengthen Social Se- transfers each month from interest-bearing trans- curity’’) of the Senate amendment; and (3) adjust the action accounts to other transaction accounts, to re- revenue levels by the amounts needed to offset the quire the payment of interest on reserves held for de- cost of the instructions set forth in (1) and (2), with- pository institutions at Federal reserve banks; out resulting in any increase in the deficit or reduc- Pages H2527–33 tion in surplus for any fiscal year covered by the res- olution. Pages H2542–53 Coconino/Tonto National Forest Land Exchange: H.R. 622, to provide for the exchange of certain Postal Civil Service Retirement System Funding lands in the Coconino and Tonto National Forests in Reform Act—Order of Business: Agreed that it Arizona, H.R. 762, Reasonable Right-of-Way Fees be in order at any time for the Speaker to declare Act; Pages H2533–34 the House resolved into the Committee of the Whole for consideration of H.R. 735, to amend Reasonable Right-of-Way Fees: H.R. 762, to chapter 83 of title 5, United States Code, to reform amend the Federal Land Policy and Management Act the funding of benefits under the Civil Service Re- of 1976 and the Mineral Leasing Act to clarify the tirement System for employees of the United States method by which the Secretary of the Interior and Postal Service. All points of order against consider- the Secretary of Agriculture determine the fair mar- ation of the bill are waived and general debate shall ket value of certain rights-of-way granted, issued, or be confined to the bill and shall not exceed one renewed under these Acts; Pages H2534–35 hour. It shall be order to consider as an original bill Ottawa National Wildlife Refuge Complex and for the purpose of amendment, the amendment in the Detroit River International Wildlife Refuge the nature of a substitute recommended by the Com- Boundary Adjustments: H.R. 289, amended, to ex- mittee on Government Reform now printed in the pand the boundaries of the Ottawa National Wild- bill (H. Rept. 108–49). No other amendment shall

VerDate Jan 31 2003 05:21 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AP3.REC D01AP3 April 1, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D329 be in order except for amendment No. 1 by Rep- H2553–54, and H2554. There were no quorum resentative Waxman and amendment No. 2 by Rep- calls. resentative Tom Davis of Virginia printed in the Adjournment: The House met at 12:30 p.m. and Congressional Record. All points of order against the adjourned at 8:36 p.m. amendments are waived. At the conclusion of consid- eration of the bill for amendment the Committee shall rise and report the bill to the House with such Committee Meetings amendments as may have been adopted. Any Mem- EMERGENCY SUPPLEMENTAL ber may demand a separate vote in the House on any APPROPRIATIONS amendment adopted in the Committee of the Whole Committee on Appropriations: Ordered reported the to the bill or to the committee amendment in the Emergency Supplemental Appropriations for Fiscal nature of a substitute. The previous question shall be Year 2003. considered as ordered on the bill and amendments thereto to final passage without intervening motion TRANSPORTATION AND TREASURY AND except one motion to recommit with or without in- INDEPENDENT AGENCIES structions. Page H2555 APPROPRIATIONS Federal Deposit Insurance Reform Act—Order Committee on Appropriations: Subcommittee on Trans- of Business: Agreed that it be in order at any time portation and Treasury, and Independent Agencies for the Speaker to declare the House resolved into held a hearing on Cost Controls and Cost Drivers in the Committee of the Whole for consideration of Federal Transit Investments-Panel. Testimony was H.R. 522, to reform the Federal deposit insurance heard from Jenna Dorn Administrator, Federal Tran- system. All points of order against consideration of sit Administration, Department of Transportation; the bill are waived and general debate shall be con- Thomas E. Margro, General Manager, Bay Area Rapid Transit, San Francisco, California; and Frank fined to the bill and shall not exceed one hour. It Krusi, President, Chicago Transit Authority, Chi- shall be order to consider as an original bill for the cago, Illinois. purpose of amendment, the amendment in the na- ture of a substitute recommended by the Committee DOD ACQUISITION PROGRAMS on Financial Services now printed in the bill (H. Committee on Armed Services: Held a hearing on all Rept. 108–50). No other amendment shall be in major Department of Defense acquisition programs, order except for amendment No. 1 by Representative and review the Department’s plans for acquisition re- Ose and amendment No. 2 by Representative Rohr- form and future acquisition programs. Testimony abacher printed in the Congressional Record. All was heard from E.C. ‘‘Pete’’ Aldridge, Under Sec- points of order against the amendments are waived. retary, Acquisition, Technology and Logistics, De- At the conclusion of consideration of the bill for partment of Defense. amendment the Committee shall rise and report the bill to the House with such amendments as may NATIONAL DEFENSE AUTHORIZATION have been adopted. Any Member may demand a sep- BUDGET REQUEST—SPECIAL OPERATIONS arate vote in the House on any amendment adopted COMMAND in the Committee of the Whole to the bill or to the Committee on Armed Services: Subcommittee on Ter- committee amendment in the nature of a substitute. rorism, Unconventional Threats and Capabilities The previous question shall be considered as ordered held a hearing on the fiscal year 2004 national de- on the bill and amendments thereto to final passage fense authorization budget request for the Special without intervening motion except one motion to re- Operations Command. Testimony was heard from commit with or without instructions. Page H2555 the following officials of the Department of Defense: Marshall Billingslea, Principal Deputy Assistant Sec- Senate Messages: Messages received from the Senate retary, Special Operations/Low Intensity Conflict; today appears on page H2517. and Harry E. Schulte, Acquisition Executive, U.S. Referrals: S. 318 was referred to the Committee on Special Operations Command. Small Business. Page H2584 U.S. AIR FORCE REPORT—SEXUAL Amendments: Amendments ordered printed appear ASSAULT AT THE ACADEMY on page H2587. Committee on Armed Services: Subcommittee on Total Quorum Calls—Votes: Two yea-and-nay votes and Force held a hearing on the U.S. Air Force report on one recorded vote developed during the proceedings sexual assault at the academy. Testimony was heard of the House today and appear on pages H2552–53, from the following officials of the Department of the

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Air Force: James Roche, Secretary; and Gen. John P. held an oversight hearing entitled: ‘‘Performance, Jumper, USAF, Chief of Staff, U.S. Air Force. Results, and Budget Decisions.’’ Testimony was CORPORATIONS FOR NATIONAL AND heard from Donna McLean, Chief Financial Officer, COMMUNITY SERVICE—PERFORMANCE, Department of Transportation; Paul Posner, Direc- ACCOUNTABILITY AND REFORMS tor, Strategic Issues, GAO; and a public witness. Committee on Education and the Workforce: Sub- FOOD AID IN AFRICA—FUTURE OUTLOOK committee on Select Education held a hearing on the Committee on International Relations: Held a hearing on ‘‘Performance, Accountability, and Reforms at the U.S. Response to East African Families and the Fu- Corporation for National and Community Service.’’ ture Outlook for Food Aid in Africa. Testimony was Testimony was heard from Leslie Lenkowsky, Chief heard from Representative Wolf; the following offi- Executive Officer, Corporation for National and cials of the Department of State: Alan P. Larson, Community Service; and public witnesses. Under Secretary, Economic, Business, and Agricul- ENERGY POLICY ACT tural Affairs; and Andrew Natsios, Administrator, AID; James G. Butler, Deputy Under Secretary, Committee on Energy and Commerce: Began markup of Farm and Foreign Agricultural Services, USDA; and the Energy Policy Act of 2003. Sheila Sisulu, Deputy Executive Director, United Will continue tomorrow. Nations World Food Programme; and a public wit- OPENING TRADE IN FINANCIAL ness. SERVICES—CHILE AND SINGAPORE INTERNET, TAX NONDISCRIMINATION Committee on Financial Services: Subcommittee on Do- ACT mestic and International Monetary Policy, Trade, and Technology held a hearing entitled ‘‘Opening Committee on the Judiciary: Subcommittee on Com- Trade in Financial Services—The Chile and Singa- mercial and Administrative Law held a hearing on pore Examples.’’ Testimony was heard from John B. H.R. 49, Internet, Tax Nondiscrimination Act. Tes- Taylor, Under Secretary, International Affairs, De- timony was heard from public witnesses. partment of the Treasury; James E. Mendenhall, As- COPYRIGHT ROYALTY AND sistant U.S. Trade Representative for Services, Intel- DISTRIBUTION ACT lectual Property, and Investment; and public wit- Committee on the Judiciary: Subcommittee on Courts, nesses. the Internet, and Intellectual Property held a hearing NATIONAL FLOOD INSURANCE PROGRAM on H.R. 1417, Copyright Royalty and Distribution Committee on Financial Services: Subcommittee on Reform Act. Testimony was heard from Marybeth Housing and Community Opportunity held a hear- Peters, Register of Copyrights and Associate Librar- ing entitled ‘‘The National Flood Insurance Program: ian, Copyright Services, Copyright Office of the Review and Reauthorization.’’ Testimony was heard United States, Library of Congress; and public wit- from Representatives Baker, Bereuter and nesses. Blumenauer; Anthony Lowe, Mitigation Division Di- MISCELLANEOUS MEASURES rector and Flood Insurance Administrator, Emer- Committee on Resources: Subcommittee on Water and gency Preparedness and Response Directorate, De- Power held a hearing on the following bills: H.R. partment of Homeland Security; and public wit- 135, Twenty-First Century Water Commission Act nesses. of 2003; H.R. 495, Zuni Indian Tribe Rights Settle- OVERSIGHT—COMPENSATION REFORM ment Act of 2003; H.R. 901, to authorize the Sec- Committee on Government Reform: Subcommittee on retary of the Interior to construct a bridge on Fed- Civil Service and Agency Organization held an over- eral land west of and adjacent to Folsom Dam in sight hearing ‘‘Compensation Reform: How Should California; and H.R. 1284, to amend the Reclama- the Federal Government Pay Its Employees?’’ Testi- tion Projects Authorization and Adjustment Act of mony was heard from Representative Ruppersberger; 1992 to increase the Federal share of the costs of the Dan G. Blair, Deputy Director, OPM; Christopher J. San Gabriel Basin Demonstration project. Testimony Mihm, Director, Strategic Issues, GAO; and public was heard from Representatives Ose, Doolittle, Lin- witnesses. der and Solis; the following officials of the Depart- ment of the Interior: John W. Keys III, Commis- OVERSIGHT—PERFORMANCE, RESULTS, sioner, Bureau of Reclamation; and Theresa Rosier, AND BUDGET DECISIONS Counselor to the Assistant Secretary-Indian Affairs; Committee on Government Reform: Subcommittee on the following officials of the State of California: Jeff Government Efficiency and Financial Management Starsky, Councilman, City of Folsom; and Roger

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Robert Allen Wherry, Jr., of Colorado, and Joseph Robert Committee on Education and the Workforce, Subcommittee Goeke, of Illinois, each to be a Judge of the United States on Education Reform, to mark up H.R. 1350, Improving Tax Court, and Raymond T. Wagner, Jr., of Missouri, to Education Results for Children With Disabilities Act of be a Member of the Internal Revenue Service Oversight 2003, 10:30 a.m., 2175 Rayburn. Board, 10 a.m., SD–215. Committee on Energy and Commerce, to continue markup Committee on Foreign Relations: to resume hearings to ex- of the Energy Policy Act of 2003, 9:30 a.m., 2123 Ray- amine foreign assistance oversight, 9:30 a.m., SD–419. burn. Committee on Governmental Affairs: to hold hearings to Committee on Financial Services, Subcommittee on Capital examine the nominations of Clay Johnson III, of Texas, Markets, Insurance, and Government Sponsored Enter- to be Deputy Director for Management, Office of Man- prises, hearing entitled ‘‘Rating the Rating Agencies: the agement and Budget, Albert Casey, of Texas, to be a State of Transparency and Competition,’’ 10 a.m., 2128 Governor of the United States Postal Service, and James Rayburn. C. Miller III, of Virginia, to be a Governor of the United Committee on International Relations, to mark up H.R. States Postal Service, 10 a.m., SD–342. 1298, United States Leadership Against HIV/AIDS, Tu- Committee on Health, Education, Labor, and Pensions: busi- berculosis, and Malaria Act of 2003, 10:15 a.m., 2172 ness meeting to consider S. 231, to authorize the use of Rayburn. certain grant funds to establish an information clearing- Committee on the Judiciary, Subcommittee on Commer- house that provides information to increase public access cial and Administrative Law, hearing on H.R. 1036, Pro- to defibrillation in schools, proposed legislation entitled tection of Lawful Commerce in Arms Act, 10 a.m., 2141 ‘‘Genetics Information Nondiscrimination Act of 2003’’, Rayburn. ‘‘Smallpox Emergency Personnel Protection Act of 2003’’, Subcommittee on Immigration, Border Security, and ‘‘The Improved Vaccine Affordability and Availability Claims, oversight hearing on Nonimmigrant Student Act’’, ‘‘Caring for Children Act of 2003’’, and pending Tracking: Implementation and Proposed Modifications, 2 nominations, 10 a.m., SD–430. p.m., 2237 Rayburn. Committee on Indian Affairs: to hold hearings to examine Committee on Resources, to mark up the Energy Security S. 556, to amend the Indian Health Care Improvement Act of 2003, 10 a.m., 1324 Rayburn. Act to revise and extend that Act, 10 a.m., SR–485. Committee on Science, to mark up H.R. 238, Energy Re- House search, Development, Demonstration, and Commercial Application Act of 2003, 2 p.m., 2318 Rayburn. Committee on Appropriations, Subcommittee on Foreign Committee on Transportation and Infrastructure, Sub- Operations, Export Financing and Related Programs, on committee on Highways, Transit, and Pipelines, to con- Members of Congress, 10 a.m., H–144 Capitol. tinue hearings on Member Policy Initiatives and Project Subcommittee on Interior, on Members of Congress, 10 Requests for Reauthorization of Federal Highway and a.m., B–308 Rayburn. Transit Programs, 10 a.m., 2167 Rayburn. Subcommittee on Labor, Health and Human Services, Subcommittee on Economic Development, Public Education and Related Agencies, on NIH, 10:15 a.m., 2358 Rayburn. Buildings and Emergency Management, hearing on local Subcommittee on Transportation and Treasury, and economic development association issues relating to reau- Independent Agencies, on GSA Building Cost Drivers, 10 thorization of the Economic Development Administra- a.m., and on OPM, 2 p.m., 2358 Rayburn. tion, 10 a.m., 2253 Rayburn. Subcommittee on VA, HUD, and Independent Agen- Committee on Ways and Means, to mark up H.R. 810, cies, on EPA, 10 a.m., 2359 Rayburn, and 2 p.m., Medical Regulatory and Contracting Reform Act of H–143 Capitol. 2003,10:30 a.m., 1100 Longworth. Committee on Armed Services, Subcommittee on Tactical Permanent Select Committee on Intelligence, executive, hear- Air and Land Forces, hearing on the fiscal year national ing on National Reconnaissance Program, 2 p.m., H–405 defense authorization budget request for the Department Capitol. of the Navy and the Department of the Air Force tactical weapon system acquisition programs and future tech- Joint Meetings nology initiatives, 2 p.m., 2118 Rayburn. Commission on Security and Cooperation in Europe: to hold Subcommittee on Total Force, hearing on Military Re- hearings to examine arming rogue regimes, focusing on sale and Morale, Welfare and Recreation Programs Ac- the role of OSCE participating states, 2:30 p.m., 334 tivities, 1 p.m., 2212 Rayburn. Cannon Building.

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Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 7 through March 31, 2003 January 7, 2003 through March 31, 2003

Senate House Total Civilian nominations, totaling 266, disposed of as follows: Days in session ...... 47 32 . . Confirmed ...... 72 Time in session ...... 375 hrs., 12″ 175 hrs., 58″ .. Unconfirmed ...... 192 Congressional Record: Withdrawn ...... 2 Pages of proceedings ...... 4591 2515 . . Extensions of Remarks ...... 629 . . Public bills enacted into law ...... 2 8 10 Civilian nominations, totaling 1,064, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 852 Bills in conference ...... 1 1 . . Unconfirmed ...... 212 Measures passed, total ...... 99 130 229 Senate bills ...... 21 4 . . House bills ...... 4 41 . . Air Force nominations, totaling 5,279, disposed of as follows: Senate joint resolutions ...... Confirmed ...... 4,474 House joint resolutions ...... 5 6 . . Unconfirmed ...... 805 Senate concurrent resolutions ...... 7 1 . . House concurrent resolutions ...... 9 18 . . Simple resolutions ...... 53 60 . . Army nominations, totaling 1,252, disposed of as follows: Measures reported, total ...... 50 51 101 Confirmed ...... 625 Senate bills ...... 31 . . . . Unconfirmed ...... 627 House bills ...... 1 34 . . Senate joint resolutions ...... House joint resolutions ...... Navy nominations, totaling 67, disposed of as follows: Senate concurrent resolutions ...... 1 . . . . Confirmed ...... 46 House concurrent resolutions ...... 1 . . Unconfirmed ...... 21 Simple resolutions ...... 17 16 . . Special reports ...... 5 1 . . Conference reports ...... 1 . . Marine Corps nominations, totaling 1,426, disposed of as follows: Measures pending on calendar ...... 35 12 . . Confirmed ...... 1,259 Measures introduced, total ...... 887 1869 2756 Unconfirmed ...... 167 Bills ...... 744 1526 . . Joint resolutions ...... 11 44 . . Concurrent resolutions ...... 31 132 . . Summary Simple resolutions ...... 101 167 . . Quorum calls ...... 3 1 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 112 72 . . Total nominations received this Session ...... 9,354 Recorded votes ...... 21 . . Total confirmed ...... 7,328 Bills vetoed ...... Total unconfirmed ...... 2,024 Vetoes overridden ...... Total withdrawn ...... 2 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accom- panying report. A total of 32 reports have been filed in the Senate, a total of 53 reports have been filed in the House.

VerDate Jan 31 2003 05:21 Apr 02, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0667 Sfmt 0667 E:\CR\FM\D01AP3.REC D01AP3 D334 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2003

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, April 2 10 a.m., Wednesday, April 2

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 522, morning business (not to extend beyond 11 a.m.), Senate Federal Deposit Insurance Reform Act of 2003 (modified will consider S. 762, Wartime Supplemental Appropria- closed rule, one hour of debate). tions. At 1:30 p.m., Senate will resume consideration of the nomination of Miguel A. Estrada, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, with a cloture vote to occur at 2 p.m. on the nomination; following which, Senate will continue con- sideration of S. 762 (listed above).

Extensions of Remarks, as inserted in this issue

HOUSE Emanuel, Rahm, Ill., E633 Payne, Donald M., N.J., E633 Evans, Lane, Ill., E631, E632 Ross, Mike, Ark., E639 Acevedo-Vila´ , Anı´bal, Puerto Rico, E639 Gallegly, Elton, Calif., E636 Roybal-Allard, Lucille, Calif., E638 Andrews, Robert E., N.J., E636 Gerlach, Jim, Pa., E636 Sanchez, Loretta, Calif., E631, E632 Becerra, Xavier, Calif., E635 Graves, Sam, Mo., E631, E632, E633, E634, E635, E637 Schakowsky, Janice D., Ill., E638 Brown, Henry E., Jr., S.C., E633 Herger, Wally, Calif., E640 Schiff, Adam B., Calif., E640 Camp, Dave, Mich., E636 Hoeffel, Joseph M., Pa., E631, E632 Stark, Fortney Pete, Calif., E634 Davis, Jim, Fla., E637, E638 Hyde, Henry J., Ill., E634 Thornberry, Mac, Tex., E638 Diaz-Balart, Mario, Fla., E640 Kleczka, Gerald D., Wisc., E635 Visclosky, Peter J., Ind., E636 Duncan, John J., Jr., Tenn., E638 Langevin, James R., R.I., E637 Wamp, Zach, Tenn., E641 Edwards, Chet, Tex., E634 Maloney, Carolyn B., N.Y., E637 Waxman, Henry A., Calif., E639 Ehlers, Vernon J., Mich., E637 Paul, Ron, Tex., E631, E632 Wilson, Joe, S.C., E641

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